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E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, WEDNESDAY, FEBRUARY 6, 2019 No. 23 House of Representatives The House met at 10 a.m. and was But last night, the President chose to mendous State of the Union Address called to order by the Speaker pro tem- invoke a national unity that he has from President Trump that expressed pore (Mr. THOMPSON of Mississippi). made every effort to fray. It has been confidence and hope for the future of f his cynical and sinister political strat- this great Nation. egy to divide our country and burn Our economy is growing. Thanks in DESIGNATION OF SPEAKER PRO bridges among us. part to historic tax reform, there are TEMPORE The State of the Union is a platform currently more than 7 million job open- The SPEAKER pro tempore laid be- for the President to inject urgency into ings. This truly is the land of oppor- fore the House the following commu- the problems the country faces. As a tunity. We must continue to support nication from the Speaker: member of the Transportation and In- smart policies that will expand oppor- frastructure Committee, I am encour- tunities for all Americans. WASHINGTON, DC, aged that he has indicated he will sign February 6, 2019. Mr. Speaker, I agree with President I hereby appoint the Honorable BENNIE G. bipartisan infrastructure legislation, Trump: Together, we can break decades THOMPSON to act as Speaker pro tempore on and I am prepared to work with all of political stalemate and choose this day. Members to do so serving our country greatness over gridlock. We can work NANCY PELOSI, and communities. together for the common good to im- Speaker of the House of Representatives. The President also raised the specter prove our outdated infrastructure; to f of declaring a national emergency to protect American workers; to provide a build a monument to his ego, but the MORNING-HOUR DEBATE check against the high cost of real national emergency is the looming healthcare, prescription drugs; to se- The SPEAKER pro tempore. Pursu- climate crisis. As seas rise, fires burn, cure our borders; and, yes, to fix our ant to the order of the House of Janu- and the weather becomes more ex- broken immigration system. ary 3, 2019, the Chair will now recog- treme, the people of Orange County As a nation, we have a right to secure nize Members from lists submitted by and across our country are already suf- our borders. As President Trump stat- the majority and minority leaders for fering its effects, and action from the ed, tolerance for illegal immigration is morning-hour debate. executive branch can no longer wait— not compassionate; it is cruel. Smug- The Chair will alternate recognition let alone denial of climate change alto- glers use migrant women and children between the parties. All time shall be gether. to exploit our laws and to gain access He warned us not to cross him, to equally allocated between the parties, to our country. abandon our constitutional duty to ex- and in no event shall debate continue Congress must act to address these ercise oversight and shine a light on beyond 11:50 a.m. Each Member, other issues that have plagued our country the practices of the executive branch. than the majority and minority leaders for far too long because it is clear that and the minority whip, shall be limited Congress will not be intimidated. We should not wait for nor should we America is stronger when we work to- to 5 minutes. expect the President to lead an agenda gether. f for the people, but this Congress can We saw incredible moments of unity move forward with a seriousness befit- last night. One that stands out for me RESPONSE TO THE STATE OF THE is when Republicans and Democrats in UNION ADDRESS ting the problems of our time and work with one another regardless of party to this Chamber sang ‘‘Happy Birthday’’ The SPEAKER pro tempore. The improve the lives of the people who to Holocaust survivor, Judah Samet. Chair recognizes the gentleman from trusted us to represent them. Mr. Samet narrowly avoided the mass California (Mr. ROUDA) for 5 minutes. killing at the Tree of Life synagogue in f Mr. ROUDA. Mr. Speaker, I rise . Last night, he turned 81 today in response to yesterday’s ad- HIGHLIGHTS FROM PRESIDENT years old. Mr. Speaker, I have wit- dress by the President to this body. TRUMP’S STATE OF THE UNION nessed many State of the Union Ad- The guests the President invited rep- ADDRESS dresses, but that is a moment I will resented America’s finest hours and The SPEAKER pro tempore. The truly never forget. most compelling stories. They serve as Chair recognizes the gentleman from The President and First Lady had a reminder of a history much larger Pennsylvania (Mr. THOMPSON) for 5 many distinguished guests in addition than any individual among us and as minutes. to Mr. Samet, including another Penn- an invitation to recommit to our val- Mr. THOMPSON of Pennsylvania. sylvania resident, Pittsburgh Police ues and promises to our people. Mr. Speaker, last night we heard a tre- Officer Timothy Matson.

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

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VerDate Sep 11 2014 00:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.000 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1366 CONGRESSIONAL RECORD — HOUSE February 6, 2019 Officer Matson raced into the Tree of get to a resolution on that, not an ex- people come together so many years Life synagogue and was shot seven ecutive order. But in the time since we later and celebrating what is great times as he chased down the shooter. came up with this temporary solution about America and how it exports that Officer Matson has undergone 12 sur- here for 3 weeks, the negotiations from freedom and opportunity to the rest of geries. I understand he has more in the that side of the aisle have been zip. the world. future, but he made the trip to Wash- Is that what people see as this Cham- f ington to be in the gallery last night. ber, that this process is supposed to be? We are proud of the bravery and her- No. They want us at the table coming RECESS oism of both Officer Matson and Mr. up with solutions. The SPEAKER pro tempore. Pursu- Samet. It was an honor to have them The President has reached out with ant to clause 12(a) of rule I, the Chair in the Chamber last night. an olive branch, saying: We will give declares the House in recess until noon The President and First Lady also you 3 more weeks on this. Let’s get the today. welcomed a World War II and D-day government reopened and get a solu- Accordingly (at 10 o’clock and 12 veteran; the first man to step on the tion on this. minutes a.m.), the House stood in re- Moon; a childhood cancer survivor; Instead, gridlock. cess. former prisoners who, thanks to crimi- What the President talked about was f nal justice reform, have their lives greatness instead of gridlock. That is b 1200 back; and many other special guests. what this Nation is about. That is what The State of the Union is both a time we need. AFTER RECESS to reflect and look to the future, and Instead, we hear around here that the The recess having expired, the House this administration has achieved crisis isn’t something at our border, was called to order by the Speaker at record-setting accomplishments. The isn’t something with the immigration noon. problem we have. We hear about cli- policies being put forth truly are lift- f ing up all Americans and setting a mate change. Climate change, climate foundation to build a safe, strong, and change—a manufactured problem, a PRAYER proud America: manufactured crisis. Rabbi Arnold E. Resnicoff, U.S. Navy We have worked to combat the opioid Indeed, the United States is leading Chaplain, Retired, Washington, D.C., crisis; we have provided relief from the way of all the westernized coun- offered the following prayer: burdensome regulations; we have given tries, all the industrialized countries, Almighty God, we the people stand our military the resources it needs to of lowering its CO2 numbers, leading before You, some in prayer, all in need. be successful; and we can continue to the way by things we are already doing Armed with our Founders’ prayers work towards solving the very serious and innovating. Yet that is the first and dreams: more perfect Union—less problems facing this Nation. thing, that the religion of climate divided; liberty and justice—for us and Now, I thank President Trump for change can be tapped around here to our posterity. outlining his vision for the path for- stop the progress we have when we can We the people don’t give up. Neither ward, and I look forward to working to- make more progress by being a thriv- should our leaders. gether to overcome some of our great- ing, strong economy. The crisis isn’t Let our Nation never slumber: no est challenges. I know we can do it be- that. It would be much more so our closings, fits and starts; no honest pay cause it is the American way. crushing national debt and our border denied for honest work; no time out f situation. from efforts to improve our lives, If we don’t provide for our own secu- STATE OF THE UNION CELE- achieve our dreams. rity as a nation, then we don’t really On this day—1971—Alan Shepard hit BRATED WHAT IS GREAT ABOUT have much. So let’s solve these issues. AMERICA two golf balls on the Moon: first human As we prosper, as we do better, we can swings beyond the confines of the The SPEAKER pro tempore. The even improve more on doing things en- Earth. Chair recognizes the gentleman from vironmentally more strongly. At our best, fair play defines our California (Mr. LAMALFA) for 5 min- I come from northern California, work with some room for playfulness. utes. where the climate has been pretty We pursue, achieve extraordinary Mr. LAMALFA. Mr. Speaker, last tough with the drought. The climate is dreams with humor, joy—a touch of night, in this very Chamber, we heard pretty tough where our forest burns grace. a lot about what has made America the around us and amongst us, like in the Reignite that joy and grace, we pray; strong country it is: the ideals, the town of Paradise, the town of Redding, make no room for hate or threats, or founding ideals, and the strength of and other areas of the district that are closing shop. Reignite our dreams, as which, when the people are able to put so negatively affected by that. we—our better angels—reunite for their will, their way behind it, has The crisis doesn’t lie in the religion progress toward more perfect times. made us the greatest country in the of climate change. The crisis lies in us And may we say, amen. world. doing whatever we can to protect our What the President outlined were citizens at the border, from the crush- f many important things. We have to ing national debt, and from the threat- THE JOURNAL keep coming back to the situation at ened export of our jobs that we should The SPEAKER. The Chair has exam- our border. be employing our own people here. ined the Journal of the last day’s pro- Now, interestingly, polls taken last Mr. Speaker, there is room for a lot ceedings and announces to the House night by CBS and CNN—not the bas- of optimism. We heard that message of her approval thereof. tions of conservatism or the supporters optimism last night from the Presi- Pursuant to clause 1, rule I, the Jour- of President Trump that you would ex- dent, again, right in this Chamber, nal stands approved. pect—both of these polls, the people’s when he mentioned our great heroes f voice across this country added up to from World War II who were here last 76 percent somewhat support or strong- night and one of the people he liberated PLEDGE OF ALLEGIANCE ly support the measures the President from those camps where the Germans The SPEAKER. Will the gentle- had talked about in securing our bor- held the Jewish people and executed so woman from New Hampshire (Ms. der. many of them and abused so many KUSTER) come forward and lead the We can get into the semantics, if you more. House in the Pledge of Allegiance. want to call it a wall or call it a fence, What a great story of optimism and Ms. KUSTER of New Hampshire led whatever it is. ‘‘A strong fence makes what America is about, liberating and the Pledge of Allegiance as follows: for good neighbors’’—an old cowboy preserving freedom in this country and I pledge allegiance to the Flag of the saying. around the world, and one of the high- United States of America, and to the Repub- The President laid out a plan that he lights in my time here in this U.S. lic for which it stands, one nation under God, wants to work with this Congress to House of Representatives to see those indivisible, with liberty and justice for all.

VerDate Sep 11 2014 00:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.002 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1367 WELCOMING RABBI ARNOLD E. structure plan, but the next month, re- been held without charge or trial ever RESNICOFF leased an inadequate proposal that put since, and has frequently been denied The SPEAKER. Without objection, nearly all the burden on States and access to his family, counsel, medical the gentleman from Virginia (Mr. local governments to fund those nec- care, and adequate food. Peter was one of Sudan’s Lost Boys BEYER) is recognized for 1 minute. essary repairs. who resettled to Philadelphia and at- There was no objection. In October of 2016, then-candidate tended La Salle University where I Mr. BEYER. Madam Speaker, I rise Trump promised in that not taught for 10 years. I knew Peter as a today to honor Rabbi Arnold E. one plant would close on his watch. brilliant student and leader. He later Resnicoff who led us in the opening But this year we saw General Motors went on to Harvard and Cambridge. prayer today. slash 14,000 jobs in North America, in- cluding in my district. And while the He is a dedicated peace activist, who Rabbi Resnicoff is an American con- cofounded South Sudan Young Leaders servative rabbi who served as a mili- President has promised to protect pub- lic health, we have seen his own admin- Forum. In his work, he has criticized tary officer and military chaplain. He South Sudan’s leaders for failing to se- served in Vietnam and in Europe before istration refuse to act on important drinking water and health protections. cure permanent peace for their people. attending rabbinical school, and then Incredibly, Peter is now under inves- went on to serve as a U.S. Navy chap- Throughout his calls to fix the bro- ken immigration system, he continues tigation for crimes, including treason lain for almost 5 years. He promoted and terrorism. If charged and con- the creation of the Vietnam Veterans to govern by tweet, chant, and manu- factured crises. The President has to victed, Peter could be sentenced to Memorial, and delivered the closing death. In reality, he is being persecuted prayer in its 1982 dedication. rise for the occasion. We have an agen- da that is for the people, and I look for- for speech. I call on President Kiir to In 1984, President Ronald Reagan release Peter and all political prisoners spoke on his eyewitness account of the ward to working with my colleagues across the aisle to enact it. in South Sudan. 1983 Beirut barracks bombing. f After retiring from the military, the f rabbi served as the National Director BORN ALIVE ABORTION RECOGNIZING OMAHA PUBLIC of Interreligious Affairs for the Amer- SURVIVORS PROTECTION SCHOOLS FOUNDATION AND DI- ican Jewish Community and then spe- RECTOR TOBA COHEN-DUNNING (Mrs. WAGNER asked and was given cial assistant to the Secretary and (Mr. BACON asked and was given per- permission to address the House for 1 Chief of Staff of the U.S. Air Force, mission to address the House for 1 minute and to revise and extend her re- serving at the equivalent military minute.) marks.) Mr. BACON. Madam Speaker, I rise range of brigadier general. Mrs. WAGNER. Madam Speaker, I Across his career, he received several today to recognize the Omaha Public rise today to speak on behalf of babies Schools Foundation and its director, awards including: the Defense Superior who survive abortions and are born Service Medal, the Department of the Toba Cohen-Dunning for their commit- alive. ment to the children attending Omaha Air Force Decoration for Exceptional The Constitution clearly states that Public Schools. Civilian Service, and the Chapel of all persons born in this country are en- Four Chaplains Hall of Heroes Gold Me- The Foundation was established in titled to life, liberty, and equal protec- 1984 with $1,555, gifted by teachers and dallion. tion under the law. He has always been a spiritual inspi- staff. It is now a multimillion-dollar Our Founding Fathers did not put foundation serving the students and ration, and now inspires me to Google age limits on who is entitled to life, how far the golf balls were hit on the teachers in Nebraska’s largest school but over the past month, I have been district. Moon. astounded and horrified to watch rad- Madam Speaker, I am honored to Last November, the Foundation was ical legislators upend the Constitution recognized with the Investor in Amer- welcome Rabbi Resnicoff to the House and argue that babies who survive of Representatives today, and person- ica Award by the Partners for Livable abortions should not be given the same Communities which acknowledges ally thank him for his leadership and level of medical care that all other for offering the opening prayer. groups and individuals who use cre- newborn babies receive. ative public and private partnerships f New York legislators repealed a law to create more opportunities for liv- ANNOUNCEMENT BY THE SPEAKER mandating medical care for any baby able communities. PRO TEMPORE born alive during an abortion. A law As director of the Foundation, Toba proposed in Virginia would allow abor- directs a unique model of social entre- The SPEAKER pro tempore (Ms. tions up to the very moment of full de- preneurship that invests the revenues KUSTER of New Hampshire). The Chair livery. from early childhood education and will entertain up to 15 further requests Congress must act to protect those childhood programs to scholarships for for 1-minute speeches on each side of who cannot protect themselves. This high school seniors, teacher innovation the aisle. week, I introduced the Born Alive and classroom grants, and community f Abortion Survivors Protection Act, partnership projects. H.R. 962, which merely ensures that ba- PASS AN AGENDA THAT IS FOR Madam Speaker, I offer my congratu- bies who survive abortions receive im- THE PEOPLE lations to Ms. Cohen-Dunning and the mediate lifesaving care, which is very staff of the Foundation for their com- (Mr. KILDEE asked and was given simple. We choose life or we choose mitment to our children. permission to address the House for 1 death. f minute.) f Mr. KILDEE. Madam Speaker, last HONORING CHILDREN’S night, the President came to the floor FREE PETER BIAR AJAK FROM HEALTHCARE OF ATLANTA FOR here and highlighted important issues SOUTH SUDAN THEIR WORK FIGHTING SICKLE like the need to fix our aging infra- (Ms. DEAN asked and was given per- CELL ANEMIA DISEASE structure and lower the cost of pre- mission to address the House for 1 (Mr. DAVID SCOTT of Georgia asked scription drugs. minute and to revise and extend her re- and was given permission to address These are issues that I know I and marks.) the House for 1 minute.) many of my colleagues are ready to Ms. DEAN. Madam Speaker, I rise Mr. DAVID SCOTT of Georgia. work with the President on. However, today to speak about Peter Biar Ajak, Madam Speaker, I rise today to honor the President does have some history a husband, father, and renowned peace Children’s Healthcare of Atlanta for of saying things and then not nec- activist unlawfully detained in South their extraordinary work in fighting essarily following through. Sudan. sickle cell anemia disease, and pro- In fact, last State of the Union, the In July of 2018, Peter was arrested by viding comprehensive medical care for President promised a $1.5 trillion infra- South Sudan security forces. He has thousands of our children in Georgia.

VerDate Sep 11 2014 00:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.005 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1368 CONGRESSIONAL RECORD — HOUSE February 6, 2019 Children’s Healthcare of Atlanta is false claims and flimsy logic used to COMMUNICATION FROM THE the home of this Nation’s largest pedi- justify the Trump administration’s ban CLERK OF THE HOUSE atric sickle cell disease program with on transgender military service. The SPEAKER pro tempore laid be- more than 1,800 children and teens. By politicizing our military and fore the House the following commu- Georgia is home to over 8,000 people marginalizing patriot servicemembers, nication from the Clerk of the House of who have sickle cell disease, one of the this unjust policy is weakening Amer- Representatives: Nation’s most impacted populations. ica’s Armed Forces. Any American who OFFICE OF THE CLERK, On this Thursday, February 7, Chil- is prepared to risk life and limb in de- HOUSE OF REPRESENTATIVES, dren’s Healthcare of Atlanta will be fense of our Nation deserves our undy- Washington, DC, February 6, 2019. hosting a briefing at 1 p.m. right here ing respect. Hon. NANCY PELOSI, in the Capitol in room HVC–201 to dis- In spite of our political differences, The Speaker, House of Representatives, cuss innovations in sickle cell disease my sincere hope is that members of Washington, DC. treatment. both parties can come together to sup- DEAR MADAM SPEAKER: Pursuant to the Madam Speaker, more than 100,000 port our men and women in uniform, permission granted in Clause 2(h) of Rule II Americans have and suffer from sickle of the Rules of the U.S. House of Representa- regardless of gender identity. tives, the Clerk received the following mes- cell disease. It is a painful, genetic Madam Speaker, the American peo- sage from the Secretary of the Senate on blood disorder that prevents the chil- ple sent us to Washington to stand up February 6, 2019, at 11:11 a.m.: dren from getting air. It is debilitating. for our constituents and our values. We That the Senate passed S. 1. Madam Speaker, I ask that we stand can live up to that responsibility by re- That the Senate passed without amend- proudly and support the Children’s versing the transgender military serv- ment H.R. 439. Healthcare of Atlanta. ice ban and honoring brave trans vets With best wishes, I am Sincerely, f like Tavion. KAREN L. HAAS. INVEST IN MEANINGFUL PHYS- f f ICAL BARRIERS AT OUR BORDER b 1215 ANNOUNCEMENT BY THE SPEAKER (Mr. GIANFORTE asked and was PRO TEMPORE given permission to address the House APPOINTMENT OF MEMBERS TO The SPEAKER pro tempore. Pursu- for 1 minute and to revise and extend ACT AS SPEAKER PRO TEMPORE ant to clause 8 of rule XX, the Chair his remarks.) TO SIGN ENROLLED BILLS AND will postpone further proceedings Mr. GIANFORTE. Madam Speaker, JOINT RESOLUTIONS DURING today on motions to suspend the rules Border Patrol agents recently made THE 116TH CONGRESS on which a recorded vote or the yeas the largest fentanyl bust in the agen- The SPEAKER pro tempore laid be- and nays are ordered, or votes objected cy’s history. A suspect attempted to fore the House the following commu- to under clause 6 of rule XX. cross our southern border with nearly nication from the Speaker: The House will resume proceedings 400 pounds of meth and enough FEBRUARY 6, 2019. on postponed questions at a later time. fentanyl to kill 57 million Americans. I hereby appoint the Honorable STENY H. Montana faces a meth epidemic that HOYER, the Honorable JAMES E. CLYBURN, f is tearing our families apart. We must the Honorable BEN RAY LUJA´ N, the Honor- PACIFIC NORTHWEST EARTH- secure the border to cut off the meth able ROBERT C. ‘‘BOBBY’’ SCOTT, the Honor- QUAKE PREPAREDNESS ACT OF supply that cartels push through the able ELIJAH E. CUMMINGS, the Honorable 2019 DORIS O. MATSUI, the Honorable JOHN P. ports of entry and across our porous SARBANES, the Honorable GERALD E. CON- Mr. DEFAZIO. Madam Speaker, I borders. NOLLY, the Honorable DONALD S. BEYER, Jr., move to suspend the rules and pass the Securing the border with a physical the Honorable ANTHONY G. BROWN, the Hon- bill (H.R. 876) to direct the Adminis- barrier enjoys bipartisan support. More orable A. DONALD MCEACHIN, and the Honor- trator of the Federal Emergency Man- than 60 Democrats in the House and able JAMIE RASKIN to act as Speaker pro agement Agency to carry out a plan for the Senate have claimed a physical tempore to sign enrolled bills and joint reso- lutions through the remainder of the One the purchase and installation of an barrier should be part of the solution. earthquake early warning system for Both U.S. Senators from Montana Hundred Sixteenth Congress. Sincerely, the Cascadia Zone, and for have voted for physical barriers. Yet, NANCY PELOSI, other purposes, as amended. despite bipartisan support for a phys- Speaker of the House. The Clerk read the title of the bill. ical barrier, the Speaker recently de- The SPEAKER pro tempore. Without The text of the bill is as follows: clared there is not going to be any objection, the appointments are ap- H.R. 876 money for a wall. proved. Madam Speaker, I urge Members of Be it enacted by the Senate and House of Rep- There was no objection. resentatives of the United States of America in the border security conference com- f Congress assembled, mittee to listen to lawmakers from SECTION 1. SHORT TITLE; DEFINITION. both parties and invest in meaningful COMMUNICATION FROM THE (a) SHORT TITLE.—This Act may be cited as physical barriers at our southern bor- CLERK OF THE HOUSE the ‘‘Pacific Northwest Earthquake Pre- der. The SPEAKER pro tempore laid be- paredness Act of 2019’’. f (b) CASCADIA SUBDUCTION ZONE DEFINED.— fore the House the following commu- In this Act, the term ‘‘Cascadia Subduction REVERSE TRANSGENDER nication from the Clerk of the House of Zone’’ means the landward-dipping fault that MILITARY BAN Representatives: is approximately 684 miles long, separates (Mr. PAPPAS asked and was given OFFICE OF THE CLERK, the Juan de Fuca and North America plates, permission to address the House for 1 HOUSE OF REPRESENTATIVES, and stretches along a portion of the western coast of the United States beginning off Cape minute and to revise and extend his re- Washington, DC, February 5, 2019. Hon. NANCY PELOSI, Mendocino, California, along the State of Or- marks.) The Speaker, House of Representatives, egon, the State of Washington, to Northern Mr. PAPPAS. Madam Speaker, yes- Washington, DC. Vancouver Island, British Columbia. terday, I welcomed a transgender vet- DEAR MADAM SPEAKER: Pursuant to the SEC. 2. EARTHQUAKE EARLY WARNING SYSTEM eran from New Hampshire named permission granted in Clause 2(h) of Rule II FOR CASCADIA SUBDUCTION ZONE. Tavion as my guest to the State of the of the Rules of the U.S. House of Representa- (a) PLAN FOR PURCHASE AND INSTALLA- Union. I am proud to say that he was tives, the Clerk received the following mes- TION.— warmly received here in the people’s sage from the Secretary of the Senate on (1) DEVELOPMENT AND FUNDING.—The Ad- House. February 5, 2019, at 5:17 p.m.: ministrator of the Federal Emergency Man- That the Senate passed without amend- agement Agency shall— Tavion didn’t give a big speech last ment S. 49. (A) develop a plan for the purchase and in- night but he still delivered a powerful With best wishes, I am. stallation of an earthquake early warning message. His story and exemplary serv- Sincerely, system for the Cascadia Subduction Zone; ice stand as a direct rebuttal to the KAREN L. HAAS. and

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.007 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1369 (B) identify the funds necessary for imple- (i) to assist State, tribal, and local govern- emies shall develop recommendations for a mentation of the plan. ments in developing and implementing a co- Federal research strategy to advance sci- (2) SUBMISSION TO CONGRESS.—Not later ordinated and comprehensive plan to entific understanding of a Cascadia than 90 days after the date of enactment of prioritize Federal, State, tribal, local, and Subduction Zone earthquake and resulting this Act, the Administrator shall submit to private investments and activities to develop tsunami preparedness, including the fol- the appropriate committees of Congress a the ability to prepare and plan for, mitigate lowing: copy of the plan. against, respond to, recover from, and more (A) Geologic conditions, ground motions, (b) REPORT TO CONGRESS.—Not later than 1 successfully adapt to the impacts of a cov- and tsunami hazards. year after the date of enactment of this Act, ered event in the Cascadia Subduction Zone; (B) Implications of an effective automated the Administrator shall submit to the appro- and early warning system. priate committees of Congress a report that (ii) to link any existing statewide mitiga- (C) Effects of mega-earthquake and tsu- summarizes the actions taken to implement tion plan with such a coordinated and com- nami events on the built and natural envi- the plan. prehensive plan. ronment. (c) DEFINITIONS.—In this section, the fol- (D) With respect to the strategy described (D) Social and behavioral factors for effec- lowing definitions apply: in subparagraph (C), an examination of the tive disaster preparedness and response. (1) APPROPRIATE COMMITTEES OF CON- feasibility of the public sector, the private (E) Cost-effective mitigation alternatives GRESS.—The term ‘‘appropriate committees sector, and individuals to acquire earth- for legacy and aging infrastructure. of Congress’’ means the Committee on quake insurance. (F) Strategic planning for freight, energy, Transportation and Infrastructure of the (E) An identification of funding opportuni- and transit network robustness. House of Representatives and the Committee ties to implement the comprehensive strat- (G) Tools that help communities invest on Homeland Security and Governmental Af- egy and any recommendations made by the their resources for the greatest benefit. fairs of the Senate. Task Force, including— (H) Any other topics identified as nec- (2) EARTHQUAKE EARLY WARNING SYSTEM.— (i) existing funding opportunities across essary by the Task Force or the National The term ‘‘earthquake early warning sys- Federal agencies and other sources; and Academies. tem’’ includes— (ii) potential new funding opportunities. (f) REPORT.—Not later than 18 months after (A) improvements to regional and geodetic (F) An identification of barriers to obtain- the date of enactment of this Act, the Ad- networks that support building a capability ing funding for the implementation of the ministrator shall submit to the Committee for an earthquake early warning system; and comprehensive strategy and recommenda- on Transportation and Infrastructure of the (B) seismometers, Global Positioning Sys- tions on how to remove the barriers. House of Representatives and the Committee tem receivers, and associated infrastructure. (G) A strategy for appropriate Federal on Homeland Security and Governmental Af- SEC. 3. EARTHQUAKE AND TSUNAMI TASK agencies to collaborate with and assist fairs of the Senate a report of the Task FORCE. State, tribal, and local governments in de- Force that includes the following: (a) IN GENERAL.—The President shall es- veloping recommendations for cost-effective (1) The comprehensive strategy to be de- tablish an Earthquake and Tsunami Task mitigation alternatives for aging State, trib- veloped under subsection (a). Force for the purpose of developing a com- al, and locally owned critical infrastructure. (2) The recommendations to be developed prehensive strategy and recommendations on (H) A strategy for assisting State, tribal, under subsections (a), (d), and (e). how the Nation should prepare and plan for, and local governments in developing a recov- (g) DEFINITIONS.—In this section, the fol- mitigate against, respond to, recover from, ery plan prior to a covered event in the lowing definitions apply: and more successfully adapt to a covered Cascadia Subduction Zone that addresses (1) ADMINISTRATOR.—The term ‘‘Adminis- event in the Cascadia Subduction Zone. how State, tribal, and local governments trator’’ means the Administrator of the Fed- (b) TASK FORCE.— may want to rebuild after the event. eral Emergency Management Agency. (1) MEMBERSHIP.—The membership of the (I) An identification of the steps taken to (2) COVERED EVENT.—The term ‘‘covered Task Force shall include a cross section of date to develop an onshore and offshore event’’ means an earthquake, tsunami, or subject matter experts representing the fol- earthquake early warning system and a de- combined earthquake and tsunami event. lowing: scription of the purpose and scope of such a (3) TASK FORCE.—The term ‘‘Task Force’’ (A) Relevant Federal agencies. system. means the Federal interagency task force to (B) The States of Oregon, Washington, and (J) An evaluation of the types of offshore be established under subsection (a). California. earthquake early warning systems and rec- (C) Indian tribes, local governments, and ommendations and a cost estimate for an The SPEAKER pro tempore. Pursu- private sector representatives that may be earthquake early warning system appro- ant to the rule, the gentleman from Or- impacted by a covered event in the Cascadia priate for the Cascadia Subduction Zone. egon (Mr. DEFAZIO) and the gentleman Subduction Zone. (K) Recommendations on how an earth- from Michigan (Mr. MITCHELL) each (D) Universities, academia, and research quake early warning system should operate, will control 20 minutes. institutions with expertise in topics relevant including whether and how the system The Chair recognizes the gentleman to the work of the Task Force. should interface with the private sector. from Oregon. (2) CHAIRPERSON.—The Administrator (or (L) A description of appropriate roles and GENERAL LEAVE the Administrator’s designee) shall serve as responsibilities for Federal, State, local, and the chairperson of the Task Force. tribal governments, including who should op- Mr. DEFAZIO. Madam Speaker, I ask (3) DETAILED EMPLOYEES.—Members of the erate and maintain an earthquake early unanimous consent that all Members Task Force may detail employees to assist warning system, the cost of the system, and may have 5 legislative days within the Administrator (or the Administrator’s possible funding sources for the system. which to revise and extend their re- designee) in fulfilling the responsibilities of (M) A plan on how to integrate an earth- marks and include extraneous material the Task Force. quake early warning system into existing on H.R. 876, as amended. (c) COMPREHENSIVE STRATEGY.— and new public alert warning systems and (1) STRATEGY.—The comprehensive strat- The SPEAKER pro tempore. Is there technologies, including mobile systems. objection to the request of the gen- egy to be developed under subsection (a) (2) USE OF EXISTING PLANS.—In developing shall include the following: the comprehensive strategy, the Task Force tleman from Oregon? (A) A description of how Federal agencies may use existing plans, studies, and other re- There was no objection. will coordinate to develop the ability to pre- sources. Mr. DEFAZIO. Madam Speaker, I pare and plan for, mitigate against, respond (d) RECOMMENDATIONS.—The recommenda- yield myself such time as I may con- to, recover from, and more successfully tions to be developed by the Task Force sume. adapt to the impacts of a covered event in under subsection (a) shall include rec- Madam Speaker, I rise in strong sup- the Cascadia Subduction Zone. ommendations on— port of this overdue action by the Fed- (B) A strategy to ensure collaboration be- (1) potential administrative or legislative eral Government, the Pacific North- tween the Department of Transportation, changes required to implement the com- the Department of Energy, the Coast Guard, prehensive strategy; west Earthquake Preparedness Act of the Corps of Engineers, and other Federal (2) the funding required to implement the 2019, as amended. agencies, as appropriate, for purposes of— comprehensive strategy and the rec- Next month will mark the eighth an- (i) completing a needs assessment of Fed- ommendations; and niversary of the devastating 2011 earth- eral facilities in need of hardening for a cov- (3) the order of priority for implementation quake and tsunami in Tohoku, Japan. ered event; and of the comprehensive strategy. Japanese officials estimate the event (ii) developing a strategic plan to mitigate (e) NATIONAL ACADEMIES.— caused 100,000 buildings to totally col- and retrofit Federal, State, tribal, and local (1) COLLABORATION.—The Task Force shall critical assets for freight, energy, and tran- work simultaneously and collaboratively lapse, 270,000 buildings to half collapse, sit purposes to withstand a covered event with the National Academies. and partially damaged almost 750,000 and to help save lives during and imme- (2) AGREEMENT.—The Task Force shall buildings. diately after a covered event. enter into an agreement with the National Fifteen thousand people died. Most of (C) A strategy— Academies under which the National Acad- the deaths were caused by the resulting

VerDate Sep 11 2014 03:51 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.005 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1370 CONGRESSIONAL RECORD — HOUSE February 6, 2019 tsunami and not the earthquake be- task force. The task force will consist Northwest Earthquake Preparedness Act of cause Japan has an early warning sys- of representatives from potentially im- 2019, as amended. I commend my friend from tem for earthquakes, and it worked. It pacted areas as well as earthquake and Oregon, Chairman DEFAZIO, for addressing sent alarms and text messages warning tsunami experts to develop a com- the urgent need to develop better earthquake citizens to take cover and likely pre- prehensive strategy and recommenda- and tsunami warning systems in the region of vented many deaths and injuries. tions on how the Nation should prepare our country most vulnerable to such natural Within 15 seconds to 1 minute of for, plan for, mitigate against, respond disasters. In fact, my own committee, the warning, depending on location, the to, recover from, and adapt to an Science, Space, and Technology Committee, earthquake warning system alerted Ja- earthquake, tsunami, or combined has had for many years a leading role in pan’s high-speed rail system to stop event of a large magnitude in the strengthening earthquake and tsunami pre- trains, reducing deaths and injuries; Cascadia subduction zone. paredness and response in order to minimize production lines had time to cease op- We need to take this threat seriously the loss of life and property. erations; and property damage eco- and prepare accordingly. Madam In December 2018, we enacted a reauthor- nomic losses were way less than would Speaker, I urge my colleagues to sup- ization of the National Earthquake Hazards have been otherwise. port this measure, and I reserve the Reduction Program (NEHRP), which was first I went with then-Chairman Denham balance of my time. authorized in 1977 but had not been updated Mr. MITCHELL. Madam Speaker, I over to observe their system and dis- since 2004. In the 15 years since, our sci- yield myself such time as I may con- cuss what they are doing now. Now entific understanding of earthquakes as well sume. what they are doing is they realize as how we apply that science to save lives that most of the people died because Madam Speaker, as my colleague has noted, earthquakes strike without and property have evolved significantly. In the they did not have ocean sensors, and reauthorization, we updated the program to re- they underestimated the height of the warning and result in potentially cata- strophic casualties and massive dam- flect those developments. tsunami. They told people to take shel- Four agencies participate in NEHRP. The ter in places 10 to 12 feet above wave age to buildings and infrastructure. As was seen in Japan 8 years ago, National Science Foundation and U.S. Geo- level. The waves were much bigger and, earthquakes in the coastal regions logical Survey (USGS) carry out fundamental subsequently, many of those people such as the Pacific Northwest can be research in the earth sciences that contributes died. to our understanding of earthquakes. In addi- So they are not waiting. The tech- followed by devastating tsunamis with huge loss of life. They can’t be pre- tion, USGS develops and manages nology currently exists for a realtime ShakeAlert—the earthquake early warning warning system that will give them vented, but they impact life, property, and our economy. What we can do is system. The National Institute of Standards even more notice of an earthquake and and Technology is the lead agency for will give them more accurate wave warn our citizens of that threat. H.R. 876, the Pacific Northwest NEHRP and also carries out applied research heights on the resulting tsunami so Earthquake Preparedness Act of 2019, in support of more earthquake resilient build- people can take proper shelter. directs FEMA to plan the development ing codes. FEMA provides earthquake training We have the same opportunity to do of an earthquake early warning sys- and awareness to States and territories and that here in the United States if we tem, not unlike that in Japan, for the assists communities in creating seismic mitiga- take action soon. tion plans. Each of these agencies has a The Cascadia subduction zone sits off Cascadia subduction zone. The bill di- rects the President to establish an unique and essential role as clearly defined in the coast of Oregon and northern Cali- the NEHRP statute. I want to thank my col- fornia—right at that border, essen- earthquake and tsunami task force to league Chairman DEFAZIO for working with me tially—and experts believe it has gen- develop a comprehensive strategy and recommendations on how to prepare to ensure that H.R. 876 does not unintention- erated at least a dozen major earth- ally create any confusion or uncertainty as to quakes between magnitudes 8 and 9, and plan for seismic events. Good planning and preparedness can the respective roles and responsibilities of which is an awesome earthquake, and save lives and property, and this legis- each of these agencies. resulting tsunamis over the last 5,000 lation will help us to prepare for, miti- Our committee also has a lead role in tsu- years. gate against, and respond to disasters This January was the 319th anniver- nami warning and preparedness. The National along the Cascadia subduction zone. sary of the last large quake, and many Oceanic and Atmospheric Administration Madam Speaker, I urge my col- (NOAA) has run a tsunami early warning sys- scientists say that we are overdue and leagues to support this bill. I support it could happen at any time. It will be tem for many years. In 2006, the Science the bill, and I reserve the balance of Committee passed the Tsunami Warning and essentially a mirror image of the my time. subduction zone off the coast of Japan Education Act. We updated that program just Mr. DEFAZIO. Madam Speaker, I last Congress through H.R. 353, thanks to the that caused the devastating 2011 earth- yield myself such time as I may con- quake and tsunami. leadership of another colleague from Oregon sume. and a valued Member of the Science Com- The technology is here. The question Madam Speaker, I want to thank the is whether we want to invest in an off- mittee, Rep. SUZANNE BONAMICI. gentleman from Michigan for his sup- We all share he same goal of taking advan- shore earthquake early warning system port of the bill, and I will look to sup- now or wait until thousands of people tage of the strengths and resources of our fed- port him on issues that deal with the eral agencies to minimize the tragic loss of life have died and catastrophic property Great Lakes in the future or other con- damage occurs. We need to invest now and the economic impact of large scale nat- cerns that he may have. ural disasters. If H.R. 876 becomes law, I look rather than later. This is just something that, as a na- forward to working with my colleagues to en- This bill will begin to address the tion, as we see threats to our citizens sure good coordination and collaboration be- very real threat of a combined earth- around the country, we should be push- tween the new activities required in H.R. 876 quake and tsunami off the Pacific ing for preparedness and for resilience. and the ongoing activities under the NEHRP Northwest coast before it happens. This bill, if we move forward with the and Tsunami warning programs. I urge my Some forecasts say there is a 10 per- plan and put out the instrumentation, colleagues to support H.R. 876. cent chance of a magnitude 8 to 9 in will save lives and will be a tremendous The SPEAKER pro tempore. The the next 30 years; others predict a 35 to benefit to the Nation as a whole. 40 percent chance in the next 50 years. Madam Speaker, I have no further question is on the motion offered by This bill directs the Federal Emer- speakers, and I reserve the balance of the gentleman from Oregon (Mr. DEFA- gency Management Agency to develop my time. ZIO) that the House suspend the rules a plan to identify funds to purchase Mr. MITCHELL. Madam Speaker, I and pass the bill, H.R. 876, as amended. equipment necessary for an earthquake have no further speakers, and I yield The question was taken; and (two- early warning system and to report to back the balance of my time. thirds being in the affirmative) the Congress on the implementation of the Mr. DEFAZIO. Madam Speaker, I rules were suspended and the bill, as plan. yield back the balance of my time. amended, was passed. It also requires the President to es- Ms. JOHNSONof Texas. Madam Speaker, I A motion to reconsider was laid on tablish an earthquake and tsunami support passage of H.R. 876, the Pacific the table.

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.012 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1371 FAIRNESS FOR BREASTFEEDING GENERAL LEAVE shown, have lower risks of diabetes and MOTHERS ACT OF 2019 Ms. NORTON. Madam Speaker, I ask certain forms of cancer. Ms. NORTON. Madam Speaker, I unanimous consent that all Members Given the significant health benefits move to suspend the rules and pass the have 5 legislative days within which to of breastfeeding for both baby and bill (H.R. 866) to provide a lactation revise and extend their remarks and in- mother already recognized in Federal room in public buildings. clude extraneous material on H.R. 866. policy, my bill is a logical step to en- The Clerk read the title of the bill. The SPEAKER pro tempore. Is there sure that visitors to Federal sites have The text of the bill is as follows: objection to the request of the gentle- access to clean, hygienic, and private woman from the District of Columbia? H.R. 866 spaces to nurse or pump. There was no objection. Be it enacted by the Senate and House of Rep- It is also important to ensure that Ms. NORTON. Madam Speaker, I lactation spaces are accessible to indi- resentatives of the United States of America in yield myself such time as I may con- Congress assembled, viduals with disabilities. While the sume. Americans with Disabilities Act does SECTION 1. SHORT TITLE. Madam Speaker, today I rise in sup- This Act may be cited as the ‘‘Fairness For not apply to Federal buildings, the lac- port of my bill, the Fairness For Breastfeeding Mothers Act of 2019’’. tation spaces required by my bill would Breastfeeding Mothers Act of 2019, a SEC. 2. LACTATION ROOM IN PUBLIC BUILDINGS. be subject to a similar law, the Archi- bill that would require buildings that (a) LACTATION ROOM IN PUBLIC BUILDINGS.— tectural Barriers Act, which requires are either federally owned or leased to Chapter 33 of title 40, United States Code, is buildings and facilities that are de- amended by adding at the end the following provide designated private and hygien- signed, built, or altered with Federal new section: ic lactation spaces for nursing moth- dollars or leased by Federal agencies, ‘‘§ 3318. Lactation room in public buildings ers. to be accessible to individuals with dis- ‘‘(a) DEFINITIONS.—In this section: The House passed this bill by voice abilities whenever possible. ‘‘(1) APPROPRIATE AUTHORITY.—The term vote when I offered it last Congress. Madam Speaker, I urge my col- ‘appropriate authority’ means the head of a The House also passed this bill in the leagues to support this important leg- Federal agency, the Architect of the Capitol, 114th Congress as an amendment to the islation, and I reserve the balance of or other official authority responsible for the Public Buildings Reform and Savings operation of a public building. my time. Act of 2016. I appreciate the prior sup- ‘‘(2) COVERED PUBLIC BUILDING.—The term Mr. MITCHELL. Madam Speaker, I port of my colleagues, and I hope they ‘covered public building’ means a public yield myself such time as I may con- will join me today in support of this building (as defined in section 3301) that is sume. open to the public and contains a public rest- important legislation once again. Madam Speaker, I join my colleague room, and includes a building listed in sec- For years, Federal agencies such as in support of H.R. 866, which provides tion 6301 or 5101. the U.S. Department of Agriculture that federally managed buildings or ‘‘(3) LACTATION ROOM.—The term ‘lactation and the Centers for Disease Control federally owned buildings open to the room’ means a hygienic place, other than a and Prevention have encouraged bathroom, that— public nursing rooms that are avail- breastfeeding. The benefits are so great ‘‘(A) is shielded from view; able. that the amended ‘‘(B) is free from intrusion; and The bill would apply to buildings Federal law to require employers to ‘‘(C) contains a chair, a working surface, that are already open to the public and provide a designated, non-bathroom and, if the public building is otherwise sup- which have nursing rooms for employ- plied with electricity, an electrical outlet. space for returning employees to pump ees yet somehow do not manage to pro- ‘‘(b) LACTATION ROOM REQUIRED.—Except breast milk for their newborns, ensur- vide those to the general public, and as provided in subsection (c), the appropriate ing that new mothers would be able to they should. The requirements would authority of a covered public building shall continue the essential practice even ensure that the building contains a lactation not apply if the existing space cannot room that is made available for use by mem- after returning to work. My bill would extend this require- feasibly be opened. bers of the public to express breast milk. As the gentlewoman notes, it does ment to include not only employees, ‘‘(c) EXCEPTIONS.—A covered public build- not create additional cost. but visitors and guests to Federal fa- ing may be excluded from the requirement in The legislation passed the House last subsection (b) at the discretion of the appro- cilities across the Nation. Actually, Congress by voice vote and, if enacted, priate authority if— Federal facilities visited by millions of will help visiting mothers to our facili- ‘‘(1) the public building— Americans and others should lead the ties in both the capital here and ‘‘(A) does not contain a lactation room for way. employees who work in the building; and My bill does not require the expendi- throughout the Nation. ‘‘(B) does not have a room that could be ture of Federal funds or require space Madam Speaker, I urge support for repurposed as a lactation room or a space this legislation, and I urge the Senate that could be made private using portable to be mandated. It would simply allow visitors to Federal buildings to make to finally take up this legislation. To materials, at a reasonable cost; or move it forward, I join my colleague in ‘‘(2) new construction would be required to use of spaces that are already available create a lactation room in the public build- to Federal employees or to access simi- saying that it is about time that we ing and the cost of such construction is lar spaces within those buildings. open up the nursing rooms in Federal unfeasible. In Washington, D.C., alone, there are facilities to the general public in sup- ‘‘(d) NO UNAUTHORIZED ENTRY.—Nothing in millions of tourists who visit Federal port of the care of newborns and young this section shall be construed to authorize sites, such as the Lincoln Memorial children. an individual to enter a public building or Madam Speaker, I have no remaining portion thereof that the individual is not and the Smithsonian Institution. In- creasingly, families understand the speakers, and I yield back the balance otherwise authorized to enter.’’. of my time. (b) CLERICAL AMENDMENT.—The table of unique benefits of breastfeeding as en- sections at the beginning of chapter 33 of couraged by Federal agencies and pro- Ms. NORTON. Madam Speaker, we title 40, United States Code, is amended by grams, and visitors to these buildings have had this act come up in a Repub- inserting after the item related to section who have newborns and babies should lican House. It has now come up in a 3316 the following new item: have a private space to breastfeed or Democratic House. What more do we ‘‘3318. Lactation room in public buildings.’’. pump. need in order for it to be clear that this (c) EFFECTIVE DATE.—The amendments The benefits of breastfeeding are is, shall we say, motherhood legislation made by this section shall take effect 1 year well-documented. Breast milk contains and that the whole House is for it? after the date of the enactment of this Act. antibodies and hormones that boost ba- Madam Speaker, I have no remaining The SPEAKER pro tempore. Pursu- bies’ immune systems. Studies have speakers, and I yield back the balance ant to the rule, the gentlewoman from shown lower risks of asthma, diabetes, of my time. the District of Columbia (Ms. NORTON) respiratory infections, and other dis- The SPEAKER pro tempore. The and the gentleman from Michigan (Mr. eases among breastfed babies. question is on the motion offered by MITCHELL) each will control 20 min- the gentlewoman from the District of utes. b 1230 Columbia (Ms. NORTON) that the House The Chair recognizes the gentle- Breastfeeding also has benefits for suspend the rules and pass the bill, woman from the District of Columbia. nursing mothers, who, research has H.R. 866.

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.014 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1372 CONGRESSIONAL RECORD — HOUSE February 6, 2019 The question was taken; and (two- There was no objection. work on this legislation, and I reserve thirds being in the affirmative) the Ms. NORTON. Madam Speaker, I the balance of my time. rules were suspended and the bill was yield myself such time as I may con- Ms. NORTON. Madam Speaker, I passed. sume. yield such time as he may consume to A motion to reconsider was laid on Madam Speaker, on the morning of the gentleman from New Jersey (Mr. the table. September 29, 2016, a New Jersey Tran- SIRES), the sponsor of this legislation. f sit train failed to stop, overrode a Mr. SIRES. Madam Speaker, in 2016, bumping post at the end of its track, in Hoboken, New Jersey, my district, a REQUIRING FEDERAL RAILROAD and struck a wall of the Hoboken Ter- New Jersey Transit commuter train ADMINISTRATION TO PROVIDE minal in Hoboken, New Jersey. ran past the end of the track and into CONGRESSIONAL NOTICE OF In the wake of this fatal accident, the terminal, killing a young mother COMPREHENSIVE SAFETY AS- which killed a young mother and in- and injuring over 100 passengers and SESSMENTS jured 110 passengers and crew members, crew members. Ms. NORTON. Madam Speaker, I it was made public that the Federal In the wake of this tragedy, it was move to suspend the rules and pass the Railroad Administration had been con- made public that the Federal Railroad bill (H.R. 543) to require the Federal ducting a so-called ‘‘deep audit’’ of New Administration had been conducting a Railroad Administration to provide ap- Jersey Transit, which was prompted by deep audit on New Jersey Transit for propriate congressional notice of com- an increase in safety violations. months, prompted by an increase in prehensive safety assessments con- This bill requires that the FRA pro- safety violations. At that time, the ducted with respect to intercity or vide appropriate congressional notice safety review was not known to rel- evant Members of Congress or the pub- commuter rail passenger transpor- when the agency initiates and com- lic who relied on New Jersey Transit to tation. pletes a comprehensive safety assess- The Clerk read the title of the bill. take them to work and bring them ment of an intercity or commuter rail The text of the bill is as follows: home safely every day. passenger system. H.R. 543 Madam Speaker, H.R. 543 is a simple, It is important that Members of Con- Be it enacted by the Senate and House of Rep- straightforward piece of legislation. resentatives of the United States of America in gress are informed as soon as Federal When the FRA begins a safety assess- Congress assembled, safety assessments are underway so ment on an intercity or commuter pas- SECTION 1. NOTICE OF COMPREHENSIVE SAFETY that we may work on ways to provide senger rail system, it must notify ASSESSMENTS. assistance and oversight for our dis- Members of Congress and Senators on (a) INITIAL NOTICE.—Not later than 10 busi- tricts’ intercity or commuter pas- committees of jurisdiction or rep- ness days after the Federal Railroad Admin- senger rail services and inform our con- resenting the State in which the as- istration initiates a comprehensive safety stituents of any safety issues before ac- assessment of an entity providing regularly sessment is conducted. The FRA will scheduled intercity or commuter rail pas- cidents like what happened in Hoboken have 10 business days after the assess- senger transportation, the Federal Railroad occur again. ment begins to notify these parties. Administration shall notify in electronic for- Madam Speaker, I urge my col- The FRA will also need to transmit mat the Committee on Transportation and leagues to join me in supporting this its findings, including any safety rec- Infrastructure of the House of Representa- bill, and I reserve the balance of my ommendations, to the relevant parties tives and the Committee on Commerce, time. within 90 days of completion of the as- Science, and Transportation of the Senate, Mr. MITCHELL. Madam Speaker, I and each member of Congress representing a sessment. State in which the service that is the subject yield myself such time as I may con- Madam Speaker, this bill brings us of the assessment being conducted is located, sume. one step closer to ensuring full trans- of the initiation of that assessment. Madam Speaker, this bill would im- parency for Federal agencies and helps (b) FINDINGS.—Not later than 90 days after prove safety and transparency for our us ensure that our rail transportation completion of a comprehensive safety assess- Nation’s railroads. Our constituents infrastructure is safe. ment described in subsection (a), the Federal expect no less, by the way. Mr. MITCHELL. Madam Speaker, I Railroad Administration shall transmit in have no further speakers. I reserve the electronic format to the Committee on It requires notification of proper con- Transportation and Infrastructure of the gressional committees and Members of balance of my time to close. House of Representatives and the Committee Congress of the initiation of certain Ms. NORTON. Madam Speaker, this on Commerce, Science, and Transportation safety assessments for passenger rail- bill, too, was considered in the Repub- of the Senate, and to each member of Con- roads and rail transit agencies. Fur- lican House. We are considering it here gress representing a State in which the serv- ther, upon completion of those safety in the Democratic House. I certainly ice that is the subject of the assessment assessments, the bill requires the Fed- hope that the urgency of this bill is ap- being conducted is located, its findings of parent. that assessment, including identified defects eral Railroad Administration’s findings and recommendations be submitted to I have no further speakers other than and any recommendations. the gentleman from New Jersey, who (c) DEFINITION.—For purpose of this sec- the proper committees and all affected tion, the term ‘‘comprehensive safety assess- Members of Congress. knows this issue perhaps best, and I ment’’ means a focused review of the safety- Rail safety is critical to our Nation. yield back the balance of my time. related processes and procedures, compliance When the FRA begins an in-depth safe- Mr. MITCHELL. Madam Speaker, I with safety regulations and requirements, ty assessment of a railroad, it means urge my colleagues to support this bill. and overall safety culture of an entity pro- I urge the Senate to move forward, and the agency has identified a significant viding regularly scheduled intercity or com- I yield back the balance of my time. and serious safety problem. Our con- muter rail passenger transportation. The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- stituents expect us to be advised of question is on the motion offered by ant to the rule, the gentlewoman from that, and, in fact, to keep them in- the gentlewoman from the District of formed. the District of Columbia (Ms. NORTON) Columbia (Ms. NORTON) that the House and the gentleman from Michigan (Mr. It is important that the Transpor- suspend the rules and pass the bill, MITCHELL) each will control 20 min- tation and Infrastructure Committee H.R. 543. utes. and affected Members be notified time- The question was taken; and (two- The Chair recognizes the gentle- ly both that the investigation is under- thirds being in the affirmative) the woman from the District of Columbia. way and what the agency found as a re- rules were suspended and the bill was GENERAL LEAVE sult of it. Doing so can only help im- passed. Ms. NORTON. Madam Speaker, I ask prove the safety of our passenger and A motion to reconsider was laid on unanimous consent that all Members commuter railroads, as well as keep the table. may have 5 legislative days in which to our constituents informed. f revise and extend their remarks and in- The bill passed the committee and clude extraneous material on H.R. 543. the House last year unanimously. I cer- REVIVING AMERICA’S SCENIC The SPEAKER pro tempore. Is there tainly hope we can get the Senate to BYWAYS ACT OF 2019 objection to the request of the gentle- give it considerable concern. I thank Ms. NORTON. Madam Speaker, I woman from the District of Columbia? my colleague, Mr. SIRES, for his hard move to suspend the rules and pass the

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.017 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1373 bill (H.R. 831) to direct the Secretary of I thank the sponsor of this legisla- and I am particularly delighted to be Transportation to request nominations tion, Mr. CICILLINE, who has supported here in support of this legislation with for and make determinations regarding efforts to preserve the scenic beauty of the Speaker pro tempore on the ros- roads to be designated under the na- our country’s natural and man-made trum, who understands the value of tional scenic byways program, and for environments as co-chair of the Con- scenic byways in our beautiful country. other purposes. gressional America the Beautiful Cau- I rise today in strong support of this The Clerk read the title of the bill. cus for introducing this legislation, bipartisan legislation, Reviving Amer- The text of the bill is as follows: and I strongly support H.R. 831 and ica’s Scenic Byways Act. H.R. 831 urge my colleagues to join in passing The National Scenic Byways Pro- Be it enacted by the Senate and House of Rep- this legislation. gram was established by Congress in resentatives of the United States of America in Madam Speaker, I reserve the bal- 1991 in order to recognize, preserve, and Congress assembled, ance of my time. enhance designated roadways through- SECTION 1. SHORT TITLE. Mr. GRAVES of Louisiana. Madam out the United States. Since that time, This Act may be cited as the ‘‘Reviving Speaker, I yield myself such time as I 150 roads across the country have re- America’s Scenic Byways Act of 2019’’. may consume. ceived the scenic byway designation. SEC. 2. NATIONAL SCENIC BYWAYS PROGRAM. Madam Speaker, I rise in support of However, no new designations have (a) REQUEST FOR NOMINATIONS.—Not later H.R. 831, and I thank my friend, the been made since 2009. Under this program, the Secretary of than 90 days after the date of enactment of gentleman from Rhode Island (Mr. this Act, the Secretary of Transportation Transportation designates certain shall issue a request for nominations with CICILLINE) for carrying the ball on this roads as all-American roads or national respect to roads to be designated under the one. scenic byways based on one or more ar- national scenic byways program, as de- Madam Speaker, our scenic byways, chaeological, cultural, historic, nat- scribed in section 162(a) of title 23, United the national program, has a few mot- ural, recreational, or scenic qualities States Code. The Secretary shall make the tos. One of them is: No two experiences that capture the unique characteristics request for nominations available on the ap- are the same. Another one is: Explor- propriate website of the Department of of a region. ing the heart and soul of America. The National Scenic Byways Pro- Transportation. Madam Speaker, some of the top or (b) DESIGNATION DETERMINATIONS.—Not gram is a national asset that show- later than 1 year after the date on which the most visited tourist destinations in the cases our Nation’s natural grandeur, request for nominations required under sub- United States are areas like Central our history, and our culture, as well as section (a) is issued, the Secretary shall Park and other areas of Manhattan. being a very significant economic driv- make publicly available on the appropriate You have Las Vegas, our own Union er of tourism. It has been identified by website of the Department of Transportation Station, Disneyland, Disney World, and Brand USA, the organization created a list specifying the roads, nominated pursu- the Golden Gate Bridge. by Congress to promote travel to the ant to such request, to be designated under United States, as a core element in the national scenic byways program. b 1245 promoting international visitation to The SPEAKER pro tempore. Pursu- But some of the real experiences in the United States and creating tour- ant to the rule, the gentlewoman from America are in some of these more sce- ism-related jobs. the District of Columbia (Ms. NORTON) nic areas, and we have such extraor- According to the National Scenic and the gentleman from Louisiana (Mr. dinary treasures in our country. There Byway Foundation, State departments GRAVES) each will control 20 minutes. is much more to America. of transportation report approximately The Chair recognizes the gentle- By reopening the scenic byways des- 60 State scenic byways, and nearly 30 woman from the District of Columbia. ignations, we are giving access to, we States are interested and prepared to GENERAL LEAVE are bringing attention to some of these seek designation as a national scenic Ms. NORTON. Madam Speaker, I ask great places, some of these great expe- byway or an all-American road. unanimous consent that all Members riences in helping to highlight those For example, in my own State, road- may have 5 legislative days in which to and bring tourists to those areas. ways such as Paradise Avenue on revise and extend their remarks and in- In my home State of Louisiana, we Aquidneck Island in Newport and clude extraneous material on H.R. 831. have two right now. Number one, we Route 102 are really excellent can- The SPEAKER pro tempore. Is there have the Louisiana Great River Road, a didates for designation and all the ben- objection to the request of the gentle- scenic byway which goes along the efits that will follow. woman from the District of Columbia? length of the Mississippi River, This bill will allow those States to There was no objection. through my hometown of Baton Rouge; once again apply for scenic byway des- Ms. NORTON. Madam Speaker, I and, also, the Wetlands Cultural Byway ignations and directs the Department yield myself such time as I may con- that goes through our wetland areas in of Transportation to announce new sume. south Louisiana’s Sportsman’s Para- designations within 1 year of request- The National Scenic Byways Pro- dise. ing nominations. gram was created in 1991 in the Inter- Madam Speaker, it really is just in- I thank the chairman of the com- modal Surface Transportation Effi- credible. Years ago, the Department of mittee and the ranking member for ciency Act—ISTEA, as it was called— Tourism in Louisiana came up with a their work. I urge passage of this legis- lation, and conclude by, again, thank- and, since that time, has helped des- motto saying, ‘‘the Atchafalaya Basin, ing the gentleman from Louisiana (Mr. ignate and provide funding for 150 sce- America’s Foreign Country,’’ and I GRAVES), who is the lead Republican on nic roads across the country. really think that applies to much of this legislation, for his partnership, his In the consolidation of Federal high- south Louisiana, which is home and passion about this issue, his presence ways programs in MAP–21, which was where I represent. It is such a unique here today, and his words in support of enacted in 2012, funding for a separate place in terms of the food, the culture, the legislation. National Scenic Byways Program was the people. We need to bring more at- Mr. GRAVES of Louisiana. Madam eliminated; however, the authority of tention to some of these treasures that Speaker, I yield 1 minute to the gen- the Department of Transportation to America has. tleman from Illinois (Mr. RODNEY continue to designate roads was re- I thank, again, my friend from Rhode DAVIS). tained. Unfortunately, the Department Island, for carrying the ball on this. Mr. RODNEY DAVIS of Illinois. of Transportation has not designated Madam Speaker, I reserve the bal- Madam Speaker, I thank my colleague, any new scenic byways since the dedi- ance of my time. Mr. GRAVES, for the surprising yield- cated program was eliminated in 2012. Ms. NORTON. Madam Speaker, I ing. Madam Speaker, this legislation will yield as much time as he may consume This is a program, and this bill needs ensure that there is a process once to the gentleman from Rhode Island to be passed. again for States, Tribes, and Federal (Mr. CICILLINE), my good friend and the My district in central and south- land management agencies to request sponsor of this legislation. western Illinois contains numerous sce- designations for roads that meet the Mr. CICILLINE. Madam Speaker, I nic byways, and I am excited that this scenic byways criteria. thank the gentlewoman for yielding, bill is such a bipartisan bill, too.

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.021 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1374 CONGRESSIONAL RECORD — HOUSE February 6, 2019 This bipartisan bill needs to pass be- (4) Route 66 symbolized the Nation’s posi- (10) One member, who shall be a qualified cause the Department of Transpor- tive outlook during the postwar economic re- citizen described in subsection (b), appointed tation has got to undertake a process covery in the 1950s and 1960s, serving as an by the President on the recommendation of to designate the scenic byways in my icon of free-spirited independence and link- the Governor of California. ing people across the United States. During (11) Three members, each of whom shall be district, in Rhode Island, in Louisiana, this period, the tourist industry along Route a qualified citizen described in subsection and throughout this Nation, designate 66 grew tremendously, giving rise to count- (b), appointed by the President on the rec- them under this program. This good fix less tourist courts, motels, service stations, ommendation of the Speaker of the House of is a message of bipartisanship that the garages, and diners. Representatives, in consultation with the President delivered last night on this (5) Since June 27, 1985, when Route 66 was minority leader of the House of Representa- floor, and I certainly hope this bill decommissioned as a Federal highway, the tives. passes. popularity and mythical stature of Route 66 (12) Three members, each of whom shall be has grown domestically and internationally, Mr. GRAVES of Louisiana. Madam a qualified citizen described in subsection as the road has experienced a rebirth of in- (b), appointed by the President on the rec- Speaker, I yield back the balance of terest and support. ommendation of the majority leader of the my time. (6) The year 2026 will be the centennial an- Senate, in consultation with the minority Ms. NORTON. Madam Speaker, you niversary of Route 66, and a commission leader of the Senate. see the bipartisan nature of this bill, should be established to study and rec- (b) QUALIFIED CITIZEN.—A qualified citizen and it doesn’t require us to appropriate ommend to Congress activities that are fit- described in this subsection is a private cit- any funds, but we can imagine what ting and proper to celebrate that anniver- izen of the United States with— States would do with this designation sary in a manner that appropriately honors (1) a demonstrated dedication to educating America’s Mother Road. on their own. others about the importance of historical SEC. 3. ESTABLISHMENT. Madam Speaker, I yield back the bal- figures and events; and There is established a commission to be (2) substantial knowledge and appreciation ance of my time. known as the Route 66 Centennial Commis- of Route 66. The SPEAKER pro tempore. The sion (referred to in this Act as the ‘‘Commis- (c) TIME OF APPOINTMENT.—Each initial ap- question is on the motion offered by sion’’). pointment of a member of the Commission the gentlewoman from the District of SEC. 4. DUTIES. shall be made before the expiration of the Columbia (Ms. NORTON) that the House The Commission shall have the following 120-day period beginning on the date of the suspend the rules and pass the bill, duties: enactment of this Act. H.R. 831. (1) To study activities that may be carried (d) CONTINUATION OF MEMBERSHIP.—If a out by the Federal Government to determine member of the Commission was appointed to The question was taken. whether the activities are fitting and proper The SPEAKER pro tempore. In the the Commission as a Member of Congress, to honor Route 66 on the occasion of its cen- and ceases to be a Member of Congress, that opinion of the Chair, two-thirds being tennial anniversary, including any of the ac- member may continue to serve on the Com- in the affirmative, the ayes have it. tivities described under section 8(b)(2)(B). mission for not longer than the 30-day period Ms. NORTON. Madam Speaker, on (2) To recommend to Congress the activi- beginning on the date that member ceases to that I demand the yeas and nays. ties the Commission considers most fitting be a Member of Congress. The yeas and nays were ordered. and proper to honor Route 66 on such occa- (e) TERMS.—Each member shall be ap- The SPEAKER pro tempore. Pursu- sion, to be carried out by the Department of pointed for the life of the Commission. ant to clause 8 of rule XX, further pro- Transportation and any other entity or enti- (f) VACANCIES.—A vacancy in the Commis- ties within the Federal Government that the sion shall not affect the powers of the Com- ceedings on this motion will be post- Commission considers most appropriate to poned. mission but shall be filled in the manner in carry out such activities. which the original appointment was made. f (3) To plan and host, in cooperation with (g) BASIC PAY.—Members shall serve on the such partners, a conference on the U.S. Num- Commission without pay. ROUTE 66 CENTENNIAL bered Highway System, and assist in the ac- COMMISSION ACT (h) TRAVEL EXPENSES.—Each member shall tivities of such a conference. receive travel expenses, including per diem Ms. NORTON. Madam Speaker, I SEC. 5. MEMBERSHIP. in lieu of subsistence, in accordance with move to suspend the rules and pass the (a) NUMBER AND APPOINTMENT.—The Com- sections 5702 and 5703 of title 5, United States bill (H.R. 66) to establish the Route 66 mission shall be composed of 19 members ap- Code. pointed as follows: Centennial Commission, to direct the (i) QUORUM.—Seven members of the Com- (1) Three members, each of whom shall be mission shall constitute a quorum but a less- Secretary of Transportation to prepare a qualified citizen described in subsection a plan on the preservation needs of er number may hold hearings. (b), appointed by the President. (j) CHAIR.—The President, in consultation Route 66, and for other purposes. (2) Two members, each of whom shall be a with the Secretary of Transportation, shall The Clerk read the title of the bill. qualified citizen described in subsection (b), designate one member of the Commission as The text of the bill is as follows: appointed by the President on the rec- Chair. ommendation of the Secretary of Transpor- H.R. 66 (k) MEETINGS.—The Commission shall meet tation. at the call of the Chair. Be it enacted by the Senate and House of Rep- (3) One member, who shall be a qualified resentatives of the United States of America in citizen described in subsection (b), appointed SEC. 6. DIRECTOR AND STAFF. Congress assembled, by the President on the recommendation of (a) DIRECTOR.—The Commission may ap- SECTION 1. SHORT TITLE. the Governor of Illinois. point and fix the pay of a Director and such This Act may be cited as the ‘‘Route 66 (4) One member, who shall be a qualified additional personnel as the Commission con- Centennial Commission Act’’. citizen described in subsection (b), appointed siders to be appropriate. SEC. 2. FINDINGS. by the President on the recommendation of (b) APPLICABILITY OF CERTAIN CIVIL SERV- Congress makes the following findings: the Governor of Missouri. ICE LAWS.— (1) Route 66 was the Nation’s first all- (5) One member, who shall be a qualified (1) DIRECTOR.—The Director of the Com- paved highway under the U.S. Highway Sys- citizen described in subsection (b), appointed mission may be appointed without regard to tem connecting the Midwest to California by the President on the recommendation of the provisions of title 5, United States Code, and has played a major role in the history of the Governor of Kansas. governing appointments in the competitive the United States. (6) One member, who shall be a qualified service, and may be paid without regard to (2) Route 66 was the symbol of opportunity citizen described in subsection (b), appointed the provisions of chapter 51 and subchapter to hundreds of thousands of people seeking by the President on the recommendation of III of chapter 53 of that title relating to clas- escape from the Dust Bowl in the 1930s, serv- the Governor of Oklahoma. sification and General Schedule pay rates. ing as a ‘‘road to opportunity’’ in the West (7) One member, who shall be a qualified (2) STAFF.—The staff of the Commission and providing employment during the Great citizen described in subsection (b), appointed shall be appointed subject to the provisions Depression, as thousands were put to work by the President on the recommendation of of title 5, United States Code, governing ap- on road crews to pave the road. the Governor of Texas. pointments in the competitive service, and (3) Route 66 was invaluable in transporting (8) One member, who shall be a qualified shall be paid in accordance with the provi- troops, equipment, and supplies across the citizen described in subsection (b), appointed sions of chapter 51 and subchapter III of country to the West, where the government by the President on the recommendation of chapter 53 of that title relating to classifica- established multiple industries and armed the Governor of New Mexico. tion and General Schedule pay rates. force bases during World War II. Upon the (9) One member, who shall be a qualified SEC. 7. POWERS. conclusion of the war in 1945, Route 66 was a citizen described in subsection (b), appointed (a) HEARINGS AND SESSIONS.—The Commis- key route taken by thousands of troops as by the President on the recommendation of sion may, for the purpose of carrying out they returned home. the Governor of Arizona. this Act, hold such hearings, sit and act at

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.024 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1375 such times and places, take such testimony, mittee on Transportation and Infrastructure Madam Speaker, I am honored to be and receive such evidence as the Commission of the House of Representatives, the Com- here today. considers to be appropriate. mittee on Environment and Public Works of I recognize the chairperson of the (b) POWERS OF MEMBERS AND AGENTS.—Any the Senate, and the President a report con- Highways and Transit Subcommittee member or agent of the Commission may, if taining the plan prepared under subsection authorized by the Commission, take any ac- (a). and thank her for her support, Ms. tion that the Commission is authorized to SEC. 10. TERMINATION. HOLMES NORTON. I appreciate her sup- take by this Act. The Commission shall terminate not later port on this issue. As her ranking (c) OBTAINING OFFICIAL DATA.—The Com- than June 30, 2027. member on the committee, I look for- mission may secure directly from any de- The SPEAKER pro tempore. Pursu- ward to working with her in a very bi- partment or agency of the United States in- ant to the rule, the gentlewoman from partisan way to make sure that we put formation necessary to enable the Commis- the District of Columbia (Ms. NORTON) infrastructure first when it comes to sion to carry out this Act. Upon request of the United States of America, and I the Chair of the Commission, the head of and the gentleman from Illinois (Mr. that department or agency shall furnish that RODNEY DAVIS) each will control 20 congratulate her on her chairmanship. information to the Commission. minutes. I thank my colleague who has joined (d) MAILS.—The Commission may use the The Chair recognizes the gentle- us on the floor, my partner in getting United States mails in the same manner and woman from the District of Columbia. this bill passed in the last Congress, under the same conditions as other depart- GENERAL LEAVE too, GRACE NAPOLITANO. We kind of sit ments and agencies of the United States. Ms. NORTON. Madam Speaker, I ask on both sides of Route 66: I in central (e) ADMINISTRATIVE SUPPORT SERVICES.— unanimous consent that all Members Illinois, and Mrs. NAPOLITANO on the Upon the request of the Commission, the Ad- far west side with a lot more ocean air ministrator of General Services shall provide have 5 legislative days to revise and ex- to the Commission, on a reimbursable basis, tend their remarks and include extra- than in the middle of Illinois in her dis- the administrative support services nec- neous material on H.R. 66. trict near Santa Monica, California. essary for the Commission to carry out its The SPEAKER pro tempore. Is there As you know, Madam Speaker, I rise responsibilities under this Act. objection to the request of the gentle- today in support of H.R. 66. SEC. 8. REPORTS. woman from the District of Columbia? I thank the Speaker of the House for (a) INTERIM REPORTS.—The Commission There was no objection. giving us this designation of H.R. 66 be- may submit to Congress such interim reports Ms. NORTON. Madam Speaker, I rise cause it is very important for the his- as the Commission considers to be appro- in support of H.R. 66. This bill estab- torical context of this bill that creates priate. lishes a Route 66 Centennial Commis- the Route 66 Centennial Commission. (b) COMPREHENSIVE REPORT.— sion to develop and plan a fitting cele- I am proud to have Route 66 run right (1) IN GENERAL.—Not later than 5 years through the middle of my district. As after the date of enactment of this Act, the bration of the 100th anniversary of Commission shall submit to the President America’s Mother Road, as it is called. you know, in 1926, Route 66 became our and Congress a report incorporating specific U.S. Route 66 was established Novem- Nation’s first all-paved highway under recommendations for the commemoration of ber 11, 1926. The 2,448-mile highway the U.S. highway system, connecting the centennial of Route 66 and related originally ran from Chicago, Illinois, Chicago, Illinois, which is about 3 events. to Los Angeles, California, and passed hours north of me. Right through the (2) CONTENTS OF REPORT.—The report under through Missouri, Kansas, Oklahoma, middle of the 13th District in Illinois paragraph (1)— Texas, New Mexico, and Arizona in be- runs this road. (A) shall include recommendations for the tween. Early on, this road, of course, ended allocation of financial and administrative re- in Santa Monica, California, but it was sponsibility among the public and private A precursor of the interstate system, authorities and organizations recommended this route was born out of the need for used by hundreds of thousands of for participation by the Commission; and greater connectivity in our Nation Americans, as Ms. NORTON said, seek- (B) may recommend activities such as— after the rise of automobile ownership. ing escape from the Dust Bowl. It pro- (i) the production, publication, and dis- Disparate segments of roads and paths vided critical employment opportuni- tribution of books, pamphlets, films, elec- were woven into a cohesive highway ties for road crews and infrastructure tronic publications, and other educational that offered Americans unparalleled investment during our Great Depres- materials focusing on the history and impact ease of mobility. sion. of Route 66 on the United States and the During World War II, our highway world; The historic route has carried Ameri- (ii) bibliographical and documentary cans of all stripes, from migrants dur- transported troops, equipment, sup- projects, publications, and electronic re- ing the Dust Bowl of the 1930s to curi- plies to military bases across our coun- sources; ous road trippers following in the foot- try, and it was used after the war by (iii) conferences, convocations, lectures, steps of Jack Kerouac. thousands of troops coming home to seminars, and other programs; While Route 66 became largely obso- see their families. (iv) the development of programs by and lete after completion of the interstate By the 1950s, Route 66 began to see a for libraries, museums, parks, and historic system, it holds a unique place in our rise in tourism and became the true sites, including national traveling exhibi- symbol of American freedom and inde- tions; Nation’s surface transportation his- (v) ceremonies and celebrations commemo- tory. The story of Route 66 serves as an pendence that we know today. rating specific events; important reminder as to why our In April of 2017, my colleague from (vi) the production, distribution, and per- interconnected system of roads is vital central Illinois, DARIN LAHOOD, and I formance of artistic works, and of programs and why we can never devolve to a went on an extended tour along with and activities, focusing on the national and piecemeal approach to surface trans- numerous State legislators in Illinois, international significance of Route 66; and portation policy. like my good friend Representative (vii) the issuance of commemorative coins, This bipartisan bill is led by Rep- Tim Butler and my State representa- medals, certificates of recognition, and post- resentative DAVIS, the ranking member tive, Avery Bourne, and we toured the age stamps. stretches of Route 66 that we share. (c) FINAL REPORT.—The Commission shall of the Highways and Transit Sub- submit to the President and Congress a final committee, and has bipartisan cospon- I had the opportunity to personally report not later than 90 days before the ter- sorship among Transportation and In- witness the economic impact of the mination of the Commission provided in sec- frastructure Committee members, in- Mother Road throughout my district tion 10. cluding Representatives NAPOLITANO and throughout Congressman LAHOOD’s SEC. 9. PLAN ON PRESERVATION NEEDS OF and LIPINSKI, and I am proud to be a district. It supports many jobs and key ROUTE 66. cosponsor as well. I support H.R. 66 and economic activity in many of our (a) IN GENERAL.—The Secretary of Trans- urge my colleagues join me in passing smaller rural communities that we are portation, in consultation with the Gov- this legislation. blessed enough to represent. This keeps ernors referred to in section 5(a), shall pre- many of those communities alive, eco- pare a plan on the preservation needs of Madam Speaker, I reserve the bal- Route 66. ance of my time. nomically. (b) REPORT TO CONGRESS.—Not later than 3 Mr. RODNEY DAVIS of Illinois. Now travelers along Route 66 in my years after the date of enactment of this Madam Speaker, I yield myself such district can see a giant pink elephant. Act, the Secretary shall submit to the Com- time as I may consume. It is a big statue. You can’t miss it

VerDate Sep 11 2014 03:51 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.006 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1376 CONGRESSIONAL RECORD — HOUSE February 6, 2019 even when you are traveling on Inter- ing them to sample local flavors of the that rely upon the mother road to sur- state 55. But what you also can see communities that are proud to be con- vive. Let’s continue to work together, there on a Sunday afternoon, because nected with this iconic road. like we are today, to put good bills of the tourists and tourism opportuni- The city of Duarte, home to the fabu- through the House to the Senate. And ties along Route 66, the parking lot at lous City of Hope, a cancer treatment let’s get the President to sign them the Pink Elephant Antique Mall and center, also celebrates Route 66 every into law. the diner attached to it in the small September with a parade of classic Madam Speaker, I yield back the bal- town of Livingston, Illinois, is packed. cars, equestrian groups, marching ance of my time. I took my family there to eat lunch bands, and the whole gamut. In fact, Ms. NORTON. Madam Speaker, I not too long ago, and you could barely Route 66 signs have been a part of yield myself such time as I may con- find a parking spot on a Sunday after- these communities for many years. sume. noon. The theme of the Los Angeles County Madam Speaker, I certainly asso- You can also stop in Edwardsville, Il- Fair last year was Route 66, with ciate myself with my colleague’s re- linois, at the Wildey Theatre, and you memorabilia and Route 66-themed marks on this bill. can experience the same theater expe- movie nights. They also have indicated Madam Speaker, I am accustomed to rience that many in the 1950s experi- strong support for again, next year, historic places in the District of Co- enced right in Edwardsville, Illinois. highlighting Route 66, so that more lumbia, because I represent the Na- That theater opened in 1909, and it has people can be made aware of how im- tion’s Capital. But I love the notion of been redone. portant this route is. a historic road, to understand how we I got to stop by Jungle Jim’s break- States and local governments across built our country. fast in Springfield, too. I got some good the country are reinvesting in Route 66 I particularly think it is appropriate food, got some good pancakes; just as an icon of American history and cul- for us to be considering this bill this don’t eat too many of them. ture. The Federal Government should year when we have to consider a new These are just a few of the thousands be involved in this effort as well. transportation bill. As we consider the of local businesses along Route 66, H.R. 66 creates a national commis- movement from east to west, this bill which is why this bill is so important. sion to recommend activities to com- reminds us of how we got there, and we This is a system of not just roadways memorate the 100th anniversary of can’t let such historic places—in this and trail paths. Route 66 in the year 2026. It will also case, a road—just float from our mem- I want to make sure that we give this direct the Department of Transpor- ory. We have to do all we can to keep route what it deserves in our Nation’s tation to develop a plan on the preser- a road like Route 66 alive, as we do history. That is what this bill will do. vation of Route 66. The Department is here in the District of Columbia, to That is why I am so supportive. I am required to consult with the eight keep the monuments a part of Amer- glad to be an original author of this States through which it travels, which ican history. bill. include California, Arizona, New Mex- I certainly appreciate the opening re- I thank, again, my colleague, Mrs. ico, Texas, Oklahoma, Kansas, Mis- marks, as well, of our new ranking NAPOLITANO, and I look forward to her souri, and Illinois. member, Mr. RODNEY DAVIS. Our remarks. Madam Speaker, Route 66 is a signifi- Transportation and Infrastructure Madam Speaker, I reserve the bal- cant part of America’s past, but it also Committee has been the most bipar- ance of my time. continues to provide transportation, tisan committee in the entire Con- Ms. NORTON. Madam Speaker, I economic, and community benefits to gress, and with Mr. DAVIS as ranking yield as much time as she may con- our societies today. We must continue member of the subcommittee, I antici- sume to the gentlewoman from Cali- to improve this historic road so that pate that it will continue to be. fornia (Mrs. NAPOLITANO), my good many more generations can, in the Madam Speaker, I have no more friend, who is a Democratic cosponsor words of Chuck Berry, get their kicks speakers on my side, so I yield back of this bill. on Route 66. the balance of my time. Mrs. NAPOLITANO. Madam Speaker, Madam Speaker, I ask my colleagues Mr. WATKINS. Madam Speaker, I am I thank Ms. NORTON for that great in- to support H.R. 66, not only because it pleased to support H.R. 66, which would es- troduction. is the right thing to do, but it is a pres- tablish the Route 66 Centennial Commission. Madam Speaker, I rise in strong sup- ervation of an iconic portion of our his- The historic Route 66, The Main Street of port of H.R. 66, the Route 66 Centennial tory in the United States. America, travels through Galena, Riverton, Commission Act, and I thank Mr. Mr. RODNEY DAVIS of Illinois. and Baxter Springs, Kansas in my district. DAVIS for being so kind as to begin the Madam Speaker, may I inquire how While the 13 miles of Route 66 in Kansas sponsorship of this bill because it is much time I have remaining. may be the shortest stretch, it certainly has its something that we all share, and we The SPEAKER pro tempore. The gen- fair share of history and beauty. are proud of it. tleman from Illinois has 151⁄2 minutes From inspiring the animated movie char- remaining. acter ‘‘Tow Mater’’ in Cars, to being the very b 1300 Mr. RODNEY DAVIS of Illinois. 151⁄2 definition of ‘the open road’. I also want to thank Chairman DEFA- minutes. Awesome. Madam Speaker, I Route 66 is a staple of hometown Amer- ZIO and Ranking Member GRAVES for yield myself such time as I may con- ica—and there is no better representation of their support in moving this bill quick- sume. hometown America than in these three South- ly in this Congress. Last Congress, we Madam Speaker, look, we can’t say east Kansas communities. put it through—we almost got it much more about this bill. This is an- Route 66 is not only an economic driver, it through. But here we are again, and we other true example of bipartisanship. is part of the identity of the community. hope this time it will go through. This is what we do together in this in- I am thrilled to see Congress is taking Route 66 runs east to west through stitution to ensure that historical proactive steps towards the revitalization and my whole district as Foothill Boule- areas like Route 66 that span this great preservation of Route 66 and I urge my col- vard and Huntington Drive in the cities Nation are given the recognition that leagues to join me in support of this legisla- of La Verne, San Dimas, Azusa, Duarte, they deserve. tion. and Monrovia. This road, from Chicago to Santa The SPEAKER pro tempore. The My district’s restaurants include Monica, California, that I have yet to question is on the motion offered by great food, tacos, Mexican food, Asian take up—my colleague, Mrs. NAPOLI- the gentlewoman from the District of food, and great meals. And I challenge TANO, has offered to drive the entire Columbia (Ms. NORTON) that the House my friend to come and visit us, so we distance on Route 66. Maybe we will suspend the rules and pass the bill, can take him through the whole area. have to do this during the 100-year an- H.R. 66. The shops and businesses, like so niversary that this bill allows us to The question was taken. many others dotting the interstate, plan for. The SPEAKER pro tempore. In the from the heartland to the West Coast, Let’s give Route 66 its due. Let’s opinion of the Chair, two-thirds being provide rest breaks for travelers, allow- think of the small-town communities in the affirmative, the ayes have it.

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.027 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1377 Ms. NORTON. Madam Speaker, on Bost Gabbard Lowey Schrier Stewart Wagner that I demand the yeas and nays. Boyle, Brendan Gaetz Lucas Schweikert Stivers Walberg F. Gallagher Luetkemeyer Scott (VA) Suozzi Walden The yeas and nays were ordered. Brady Gallego Luja´ n Scott, Austin Swalwell (CA) Walker The SPEAKER pro tempore. Pursu- Brindisi Garamendi Luria Scott, David Takano Walorski ant to clause 8 of rule XX, further pro- Brooks (AL) Garcı´a (IL) Lynch Sensenbrenner Taylor Waltz Serrano Thompson (CA) ceedings on this motion will be post- Brooks (IN) Garcia (TX) Malinowski Wasserman Brown (MD) Gianforte Maloney, Sewell (AL) Thompson (MS) Schultz Shalala Thompson (PA) poned. Brownley (CA) Gibbs Carolyn B. Waters Sherman Thornberry Buchanan Golden Maloney, Sean Watkins f Bucshon Gomez Marchant Sherrill Timmons Watson Coleman Budd Gonzalez (OH) Marshall Shimkus Tipton Weber (TX) RECESS Burchett Gonzalez (TX) Mast Simpson Titus Webster (FL) Bustos Gooden Matsui Sires Tlaib The SPEAKER pro tempore. Pursu- Welch Butterfield Gottheimer McAdams Slotkin Tonko ant to clause 12(a) of rule I, the Chair Byrne Granger McBath Smith (MO) Torres (CA) Wenstrup declares the House in recess subject to Calvert Graves (GA) McCarthy Smith (NE) Torres Small Westerman the call of the Chair. Carbajal Graves (LA) McCaul Smith (NJ) (NM) Wexton Smith (WA) Trahan Wild Accordingly (at 1 o’clock and 6 min- Ca´ rdenas Graves (MO) McCollum Carson (IN) Green (TN) McEachin Smucker Trone Wilson (SC) utes p.m.), the House stood in recess. Carter (GA) Green (TX) McGovern Soto Turner Wittman Carter (TX) McHenry Spanberger Underwood Womack f Griffith Cartwright Grijalva McKinley Spano Upton Woodall Case Guest McNerney Speier Van Drew Wright b 1331 Casten (IL) Guthrie Meadows Stanton Vargas Yarmuth Castor (FL) Haaland Meeks Stauber Veasey Yoho Stefanik AFTER RECESS Castro (TX) Hagedorn Meng Vela Young Steil Vela´ zquez Chabot Harder (CA) Meuser Zeldin The recess having expired, the House Stevens Visclosky was called to order by the Speaker pro Cheney Hartzler Miller Chu, Judy Hastings Mitchell NAYS—19 tempore (Ms. KUSTER of New Hamp- Cicilline Hayes Moolenaar shire) at 1 o’clock and 31 minutes p.m. Cisneros Heck Mooney (WV) Amash Gosar McClintock Clark (MA) Herrera Beutler Moore Biggs Grothman Perry f Clarke (NY) Higgins (LA) Morelle Buck Harris Rice (SC) Clay Higgins (NY) Moulton Burgess Hern, Kevin Roy ANNOUNCEMENT BY THE SPEAKER Cleaver Hill (AR) Mucarsel-Powell Cloud Hice (GA) Williams PRO TEMPORE Cline Hill (CA) Mullin Davidson (OH) Jordan Clyburn Himes Murphy Gohmert Massie The SPEAKER pro tempore. Pro- Cohen Holding Nadler NOT VOTING—9 ceedings will resume on questions pre- Cole Hollingsworth Napolitano Bishop (UT) Hoyer Roybal-Allard viously postponed. Collins (GA) Horn, Kendra S. Neal Collins (NY) Horsford Neguse Dingell Jones Steube Votes will be taken in the following Comer Houlahan Newhouse Fudge Krishnamoorthi Wilson (FL) order: Conaway Hudson Norcross Motion to suspend the rules and pass Connolly Huffman Norman b 1358 H.R. 831; and Cook Huizenga Nunes Cooper Hunter O’Halleran Messrs. HICE of Georgia, Motion to suspend the rules and pass Correa Hurd (TX) Ocasio-Cortez GROTHMAN, and HARRIS changed H.R. 66. Costa Jackson Lee Olson their vote from ‘‘yea’’ to ‘‘nay.’’ The first electronic vote will be con- Courtney Jayapal Omar Messrs. COURTNEY and BABIN Cox (CA) Jeffries Palazzo ducted as a 15-minute vote. Pursuant Craig Johnson (GA) Pallone changed their vote from ‘‘nay’’ to to clause 9 of rule XX, the second elec- Crawford Johnson (LA) Palmer ‘‘yea.’’ tronic vote will be conducted as a 5- Crenshaw Johnson (OH) Panetta So (two-thirds being in the affirma- minute vote. Crist Johnson (SD) Pappas Crow Johnson (TX) Pascrell tive) the rules were suspended and the f Cuellar Joyce (OH) Payne bill was passed. Cummings Joyce (PA) Pence The result of the vote was announced REVIVING AMERICA’S SCENIC Cunningham Kaptur Perlmutter as above recorded. Curtis Katko Peters BYWAYS ACT OF 2019 Davids (KS) Keating Peterson A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- Davis (CA) Kelly (IL) Phillips the table. Davis, Danny K. Kelly (MS) Pingree ant to clause 8 of rule XX, the unfin- Davis, Rodney Kelly (PA) Pocan f ished business is the vote on the mo- Dean Kennedy Porter tion to suspend the rules and pass the DeFazio Khanna Posey ROUTE 66 CENTENNIAL bill (H.R. 831) to direct the Secretary of DeGette Kildee Pressley DeLauro Kilmer Price (NC) COMMISSION ACT Transportation to request nominations DelBene Kim Quigley The SPEAKER pro tempore. Pursu- for and make determinations regarding Delgado Kind Raskin Demings King (IA) Ratcliffe ant to clause 8 of rule XX, the unfin- roads to be designated under the na- ished business is the vote on the mo- tional scenic byways program, and for DeSaulnier King (NY) Reed DesJarlais Kinzinger Reschenthaler tion to suspend the rules and pass the other purposes, on which the yeas and Deutch Kirkpatrick Rice (NY) bill (H.R. 66) to establish the Route 66 Diaz-Balart Kuster (NH) Richmond nays were ordered. Centennial Commission, to direct the The Clerk read the title of the bill. Doggett Kustoff (TN) Riggleman Doyle, Michael LaHood Roby Secretary of Transportation to prepare The SPEAKER pro tempore. The F. LaMalfa Rodgers (WA) a plan on the preservation needs of question is on the motion offered by Duffy Lamb Roe, David P. Route 66, and for other purposes, on the gentlewoman from the District of Duncan Lamborn Rogers (AL) Dunn Langevin Rogers (KY) which the yeas and nays were ordered. Columbia (Ms. NORTON) that the House Emmer Larsen (WA) Rooney (FL) The Clerk read the title of the bill. suspend the rules and pass the bill. Engel Larson (CT) Rose (NY) The SPEAKER pro tempore. The Escobar Latta Rose, John W. The vote was taken by electronic de- question is on the motion offered by vice, and there were—yeas 404, nays 19, Eshoo Lawrence Rouda Espaillat Lawson (FL) Rouzer the gentlewoman from the District of not voting 9, as follows: Estes Lee (CA) Ruiz Columbia (Ms. NORTON) that the House [Roll No. 66] Evans Lee (NV) Ruppersberger Ferguson Lesko Rush suspend the rules and pass the bill. YEAS—404 Finkenauer Levin (CA) Rutherford This is a 5-minute vote. Abraham Axne Beatty Fitzpatrick Levin (MI) Ryan The vote was taken by electronic de- Adams Babin Bera Fleischmann Lewis Sa´ nchez vice, and there were—yeas 399, nays 22, Aderholt Bacon Bergman Fletcher Lieu, Ted Sarbanes Aguilar Baird Beyer Flores Lipinski Scalise not voting 11, as follows: Allen Balderson Bilirakis Fortenberry Loebsack Scanlon [Roll No. 67] Allred Banks Bishop (GA) Foster Lofgren Schakowsky Amodei Barr Blumenauer Foxx (NC) Long Schiff YEAS—399 Armstrong Barraga´ n Blunt Rochester Frankel Loudermilk Schneider Abraham Aderholt Allred Arrington Bass Bonamici Fulcher Lowenthal Schrader Adams Aguilar Amodei

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.029 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1378 CONGRESSIONAL RECORD — HOUSE February 6, 2019 Armstrong Emmer Langevin Rooney (FL) Smith (NE) Underwood the Born-Alive Abortion Survivors Pro- Arrington Engel Larsen (WA) Rose (NY) Smith (NJ) Upton tection Act, and ask for its immediate Axne Escobar Larson (CT) Rose, John W. Smith (WA) Van Drew Babin Eshoo Latta Rouda Smucker Vargas consideration in the House. Bacon Espaillat Lawrence Rouzer Soto Veasey The SPEAKER pro tempore (Ms. Baird Estes Lawson (FL) Ruiz Spanberger Vela MUCARSEL-POWELL). Under guidelines Ruppersberger Spano Balderson Evans Lee (CA) Vela´ zquez consistently issued by successive Banks Ferguson Lee (NV) Rush Speier Visclosky Barr Finkenauer Lesko Rutherford Stanton Wagner Speakers, as recorded in section 956 of Barraga´ n Fitzpatrick Levin (CA) Ryan Stauber Walberg the House Rules and Manual, the Chair ´ Bass Fleischmann Levin (MI) Sanchez Stefanik Walden Sarbanes Steil is constrained not to entertain the re- Beatty Fletcher Lewis Walorski Scalise Stevens quest unless it has been cleared by the Bera Flores Lieu, Ted Waltz Scanlon Stewart Beyer Fortenberry Lipinski Wasserman bipartisan floor and committee leader- Schakowsky Stivers Bilirakis Foster Loebsack Schultz ships. Schiff Suozzi Bishop (GA) Foxx (NC) Lofgren Waters Schneider Swalwell (CA) PARLIAMENTARY INQUIRIES Blumenauer Frankel Long Watkins Schrader Takano Blunt Rochester Fulcher Loudermilk Watson Coleman Mr. MCCARTHY. Madam Speaker, Bonamici Gabbard Lowenthal Schrier Taylor parliamentary inquiry. Schweikert Thompson (CA) Webster (FL) Bost Gaetz Lowey Welch The SPEAKER pro tempore. The gen- Boyle, Brendan Gallagher Lucas Scott (VA) Thompson (MS) Scott, Austin Thompson (PA) Wenstrup tleman will state his parliamentary in- F. Gallego Luetkemeyer Westerman ´ Scott, David Thornberry Brady Garamendi Lujan Wexton quiry. Brindisi ´ Sensenbrenner Timmons Garcıa (IL) Luria Wild Mr. MCCARTHY. Madam Speaker, I Brooks (IN) Garcia (TX) Lynch Serrano Tipton Williams can assure you there are no objections Brown (MD) Gianforte Malinowski Sewell (AL) Titus Wilson (SC) Brownley (CA) Gibbs Maloney, Shalala Tlaib on the Republican side. Is the Chair Wittman Buchanan Golden Carolyn B. Sherman Tonko Womack saying that the Democrat leadership Buck Gomez Marchant Sherrill Torres (CA) Woodall has not cleared this important legisla- Bucshon Gonzalez (OH) Marshall Shimkus Torres Small Wright Burchett Gonzalez (TX) Mast Simpson (NM) tion to protect children who have been Sires Trahan Yarmuth Burgess Gooden Matsui born alive? Slotkin Trone Young Bustos Gottheimer McAdams Smith (MO) Turner Zeldin The SPEAKER pro tempore. A unani- Butterfield Granger McBath mous consent request for the consider- Calvert Graves (GA) McCarthy NAYS—22 Carbajal Graves (LA) McCaul ation of that measure would have to Ca´ rdenas Graves (MO) McClintock Allen Cloud Palmer have received clearance by the major- Carson (IN) Green (TN) McCollum Amash Gosar Perry ity and minority floor and committee Bergman Grothman Rice (SC) Carter (GA) Green (TX) McEachin leaderships. Carter (TX) Griffith McGovern Biggs Harris Roy Cartwright Grijalva McHenry Brooks (AL) Hice (GA) Weber (TX) The Chair is unaware of such clear- Budd Johnson (LA) Case Guest McKinley Yoho ance. Therefore, the Chair cannot en- Byrne Jordan Casten (IL) Guthrie McNerney Cline Massie tertain that request at this time. Castor (FL) Haaland Meadows Mr. MCCARTHY. Madam Speaker, Castro (TX) Hagedorn Meeks NOT VOTING—11 Chabot Harder (CA) Meng further parliamentary inquiry. Cheney Hartzler Meuser Bishop (UT) Hoyer Steube The SPEAKER pro tempore. The gen- Chu, Judy Hastings Miller Dingell Jones Walker tleman will state his parliamentary in- Fudge Maloney, Sean Wilson (FL) Cicilline Hayes Mitchell quiry. Cisneros Heck Moolenaar Gohmert Roybal-Allard Mr. MCCARTHY. Madam Speaker, as Clark (MA) Hern, Kevin Mooney (WV) b 1408 Clarke (NY) Herrera Beutler Moore I said, there is no objection on the Re- Clay Higgins (LA) Morelle Mr. WEBER of Texas changed his publican side, and it is just 2 p.m. on a Cleaver Higgins (NY) Moulton vote from ‘‘yea’’ to ‘‘nay.’’ Clyburn Hill (AR) Mucarsel-Powell Wednesday. Is the Chair saying there is Cohen Hill (CA) Mullin Mr. BABIN changed his vote from not enough time left today to consider Cole Himes Murphy ‘‘nay’’ to ‘‘yea.’’ this bill that would save the life of a Collins (GA) Holding Nadler So (two-thirds being in the affirma- child who is born alive? Collins (NY) Hollingsworth Napolitano Comer Horn, Kendra S. Neal tive) the rules were suspended and the The SPEAKER pro tempore. The gen- Conaway Horsford Neguse bill was passed. tleman has not stated a parliamentary Connolly Houlahan Newhouse The result of the vote was announced inquiry. Cook Hudson Norcross as above recorded. Mr. MCCARTHY. Madam Speaker, no Cooper Huffman Norman Correa Huizenga Nunes A motion to reconsider was laid on further inquiries. Costa Hunter O’Halleran the table. f Courtney Hurd (TX) Ocasio-Cortez PERSONAL EXPLANATION Cox (CA) Jackson Lee Olson ELECTING MEMBERS TO A CER- Craig Jayapal Omar Ms. ROYBAL-ALLARD. Madam Speaker, on TAIN STANDING COMMITTEE OF Crawford Jeffries Palazzo Wednesday, February 6, I was not present for Crenshaw Johnson (GA) Pallone THE HOUSE OF REPRESENTA- Crist Johnson (OH) Panetta Roll Call votes 66 and 67. Had I been present, TIVES I would have voted: Crow Johnson (SD) Pappas Ms. CHENEY. Madam Speaker, by di- Cuellar Johnson (TX) Pascrell ‘‘Yea’’ on Roll Call 66, on the motion to sus- Cummings Joyce (OH) Payne pend the rules and pass H.R. 831, the Reviv- rection of the Republican Conference, I Cunningham Joyce (PA) Pence ing America’s Scenic Byways Act of 2019. offer a privileged resolution and ask Curtis Kaptur Perlmutter for its immediate consideration. Davids (KS) Katko Peters ‘‘Yea’’ on Roll Call 67, on the motion to sus- The Clerk read the resolution, as fol- Davidson (OH) Keating Peterson pend the rules and pass H.R. 66, the Route Davis (CA) Kelly (IL) Phillips lows: 66 Centennial Commission Act. Davis, Danny K. Kelly (MS) Pingree H. RES. 103 Davis, Rodney Kelly (PA) Pocan PERSONAL EXPLANATION Resolved, That the following named Mem- Dean Kennedy Porter Mr. STEUBE. Madam Speaker, I missed DeFazio Khanna Posey bers be, and are hereby, elected to the fol- DeGette Kildee Pressley this vote series due to a death in the family. lowing standing committee of the House of DeLauro Kilmer Price (NC) Had I been present, I would have voted ‘‘yea’’ Representatives: DelBene Kim Quigley on rollcall No. 66 and ‘‘yea’’ on rollcall No. 67. COMMITTEE ON HOUSE ADMINISTRATION: Mr. Delgado Kind Raskin Walker, Mr. Loudermilk. Demings King (IA) Ratcliffe f DeSaulnier King (NY) Reed Ms. CHENEY (during the reading). DesJarlais Kinzinger Reschenthaler REQUEST TO CONSIDER H.R. 962, Madam Speaker, I ask unanimous con- Deutch Kirkpatrick Rice (NY) BORN-ALIVE ABORTION SUR- sent that the resolution be considered Diaz-Balart Krishnamoorthi Richmond VIVORS PROTECTION ACT Doggett Kuster (NH) Riggleman as read. Doyle, Michael Kustoff (TN) Roby Mr. MCCARTHY. Madam Speaker, I The SPEAKER pro tempore. Is there F. LaHood Rodgers (WA) ask unanimous consent that the Com- objection to the request of the gentle- Duffy LaMalfa Roe, David P. Duncan Lamb Rogers (AL) mittee on the Judiciary be discharged woman from Wyoming? Dunn Lamborn Rogers (KY) from further consideration of H.R. 962, There was no objection.

VerDate Sep 11 2014 04:29 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.014 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1379 The resolution was agreed to. LIVES CUT SHORT BY GUN Mr. LEVIN of California. Madam A motion to reconsider was laid on VIOLENCE Speaker, last night we heard from a the table. (Ms. HOULAHAN asked and was President who is clearly out of touch with the true state of our union. His f given permission to address the House for 1 minute and to revise and extend rhetoric of compromise failed to meet b 1415 her remarks.) the reality of the highly divisive poli- Ms. HOULAHAN. Madam Speaker, I cies he offered. HONORING RAYNA LATIMER rise for Rodney and Michelle Roberson The President failed to acknowledge (Mr. PAYNE asked and was given and their daughter Bianca, who was fa- that his tax scam has unfairly bene- permission to address the House for 1 tally shot in a road rage incident in fited big corporations, CEOs, and the minute and to revise and extend his re- June of 2017. wealthiest Americans at the expense of marks.) Bianca had recently graduated from working people. Mr. PAYNE. Madam Speaker, I rise Rustin High School in Chester County, He failed to acknowledge the severe today to honor a trailblazing first re- in my district. She was coming back shortcomings of his own administra- sponder from Roselle, New Jersey. On from a pre-college shopping trip when tion when it comes to middle class December 19 of last year, Rayna Lati- she found herself in an encounter with families. mer was sworn in as the first-ever someone who tried passing her in a He failed to acknowledge that his ad- woman firefighter in Roselle, New Jer- merge lane and then, in a horrific act, ministration has ripped away protec- sey’s history. pulled out a loaded firearm and fired a tions for those with preexisting condi- She has been called a hero, not just single, fatal shot at Bianca. tions. because she is a firefighter, but also be- Bianca was a beautiful and smart The President continued to use cause she is paving a path for young young lady who was, tragically, taken harmful rhetoric toward immigrants girls who might one day become fire- from us too soon because of senseless and declined to acknowledge that his fighters in their own communities. gun violence. anti-immigrant agenda has torn fami- Rayna has lived most of her life in I rise for the 1,635 other Pennsylva- lies apart, put kids in cages, and Roselle, and she has spent the past 5 nians whose lives were cut short in 2017 turned away those seeking asylum and years preparing to become a fire- because of gun violence. I am a third- safety. fighter. That is because helping people generation veteran, and I support re- The President also failed to address has always been her passion, Rayna sponsible gun ownership. And, like one of the biggest crises we face, and had told a local newspaper a while ago. many in my community, I support that is the impact of climate change on Before setting her sights on the fire commonsense safety measures that our planet. We are witnessing more in- department, Rayna was a corrections Congress should act on to curtail gun tense storms and stronger wildfires as officer. That gave her a greater appre- violence in our communities. a result of climate change, but instead ciation for first responders. We must act now. of acknowledging those facts, the President denied climate science, nom- She didn’t set out to become the first f female firefighter in Roselle. Rayna inated fossil fuel lobbyists to run the REMEMBERING THE LIFE OF just wanted to align her passions and EPA and Department of Interior, and DAVID SOVCHEN her strengths. has undone critical environmental pro- Madam Speaker, I ask my colleagues (Mr. CARTER of Georgia asked and tection. to join me in honoring Rayna Latimer was given permission to address the We need a comprehensive agenda to for her service to Roselle, New Jersey, House for 1 minute and to revise and combat climate change and a monu- and for inspiring young people extend his remarks.) mental shift to renewable energy, elec- throughout her community. Mr. CARTER of Georgia. Madam tric vehicles, and more energy-efficient Speaker, I rise today to remember the buildings. f life of Mr. David Sovchen, who passed While the President continues to deny RECOGNIZING ARMAND away on January 25, his 72nd birthday. science and common sense, I will continue to KUYKENDALL Mr. Sovchen had an enormous impact work with my colleagues on a Green New in Savannah throughout his life. Deal to protect our planet for future genera- (Mr. YOHO asked and was given per- In 1985, he joined the Wendy’s senior tions. mission to address the House for 1 management team, which led him to While the President’s State of the Union ad- minute and to revise and extend his re- our community, where he owned nearly dress was out of touch, I welcome him to join marks.) a dozen restaurants. Democrats in working For The People to lower Mr. YOHO. Madam Speaker, I would Outside of his exceptional manage- health care costs, end the culture of corruption like to take this time to recognize one ment skills, he was dedicated to grow- in Washington, effectively combat climate of my constituents, Armand ing the arts in coastal Georgia. To that change, and serve the middle class. Kuykendall, who was named Putnam end, Mr. Sovchen worked with the Sa- f County’s 50th Annual Spelling Bee win- vannah Book Festival to provide office AMERICAN HEART MONTH ner on January 18, 2019. space and find critical funding opportu- Armand is currently in the fifth nities. Now, the Savannah Book Fes- (Mr. THOMPSON of Pennsylvania grade at the Middleton-Burney Ele- tival is in its 10th year and has brought asked and was given permission to ad- mentary School, where he is a straight- a total of over 400 authors to our area. dress the House for 1 minute and to re- A student. During his young life, he In addition to the book festival, Mr. vise and extend his remarks.) has faced many obstacles. Armand has Sovchen volunteered with the Boy Mr. THOMPSON of Pennsylvania. excelled at school with the support of Scouts, the Salvation Army, Savannah Madam Speaker, for more than 50 his teachers and family. Technical College, and the Chamber of years, we have observed February as In order to compete in Putnam Coun- Commerce. American Heart Month. ty’s spelling bee, Armand spent his free I am deeply thankful for all of this Heart disease is the Nation’s number- time studying and memorizing over 450 work, which has made Savannah a bet- one killer, and during this month we words. His winning word was ‘‘apricot.’’ ter place to live. Mr. Sovchen’s family reaffirm our commitment to com- His family, friends—as I am—are ex- and friends will be in my thoughts and bating heart disease and educating all tremely proud of Armand for com- prayers during this difficult time. people about the benefits of a healthy, peting and winning the spelling bee. I f active lifestyle. would like to congratulate him for his Madam Speaker, before I came to outstanding accomplishment. THE TRUE STATE OF OUR UNION Congress, I worked for nearly 30 years Armand now moves on to participate (Mr. LEVIN of California asked and as a rehabilitation therapist and a li- in the First Coast Spelling Bee at was given permission to address the censed nursing home administrator. I Jacksonville University on February House for 1 minute and to revise and understand the unique challenges fac- 19, 2019. Best of L-U-C-K, Armand. extend his remarks.) ing individuals who have suffered a

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.035 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1380 CONGRESSIONAL RECORD — HOUSE February 6, 2019 stroke or other life-changing injuries. the most diverse in the history of this from a small agricultural town and Often, it is a long road to recovery. august body. grew fearful for her children’s safety as An active lifestyle can help lower This Congress, we celebrate the larg- violence continued to surge in her com- blood pressure, boost levels of good est class of Latino Members of Con- munity and throughout Central Amer- cholesterol, improve blood flow, and gress in the history of the United ica. more. Cardiovascular disease, includ- States of America. In the face of break-ins at her home ing heart disease and stroke, remain We are proud of the diversity and the and worried that violent gangs would the leading cause of death globally; talent in our caucus. We boast about try to recruit her 11-year-old son, Yeni but, by making healthy choices, in- Members representing communities did what any mom would do, what any cluding a balanced diet and regular ex- across our Nation, from as far as Guam reasonable mom would do; She chose to ercise, individuals can lower their risk to the Northern Mariana Islands; lead- seek safety. for cardiovascular disease by as much ers from all walks of life—doctors, law- Yeni got herself and her children all as 80 percent. yers, labor organizers, teachers, clean- the way through Mexico and up to I hope that Heart Month 2019 inspires energy experts—leaders of all different Yuma, Arizona, where she was appre- more Americans to take control of Hispanic heritage, some born right hended by Border Patrol. their cardiovascular health and to here in the United States and others She was not charged with a single begin a healthy lifestyle journey. who came here with their families to crime. No one pressed any charges pursue the American Dream from Mex- against her. Still, she was taken into f ico; from Puerto Rico; from Guate- custody and placed in an immigration CONGRATULATING THE PRESI- mala; from Cuba; some Portuguese; detention facility where our own Amer- DENT ON THE STATE OF THE some Ecuadorian, as yourself, Madam ican government treated her in ways in UNION ADDRESS Speaker; and, of course, from the Do- which we condemn other governments (Mr. LAMALFA asked and was given minican Republic, as myself. across the world for treating others. permission to address the House for 1 As the CHC’s whip, I want to show- b 1430 minute and to revise and extend his re- case this incredible diversity of talent, expertise, and culture. That is why we The facility she was held in became marks.) known as the Icebox, and I want to tell Mr. LAMALFA. Madam Speaker, I are organizing these monthly CHC spe- cial order hours. Each month, Members the American people what that is, the rise today to recognize President Icebox. Because it is so brutal and so Trump’s effort last night and to con- of our caucus will join me to discuss a set of issues affecting Hispanic commu- uncomfortably cold, many immigrants gratulate him on his State of the who were held there called it the Ice- Union Address. nities across America. The issue we are discussing tonight box. The President’s message was indeed According to Yeni, no one was given clear. America has unlimited potential; will come as no surprise to anyone: the need for comprehensive immigration any food to eat for 2 straight days, not we just have to unlock it. even her young children. A few days Under the 2 years of this administra- reform. The Congressional Hispanic Caucus later, Yeni watched as her children tion, the economy has consistently has been working over the past few were being released from detention, but added jobs at record rates while simul- weeks to lay out our border immigra- she was forced to stay; and what is taneously growing wages. tion reform principles, and we have worse, no one would tell her where According to a CBS poll last night, 76 been working closely with House lead- they were being sent to. percent of Americans approved of what ership as policies are put forward on Imagine just for a moment, Madam they heard the President say. Even this critical issue. Speaker, you fled your home, the only more telling, 72 percent said they ap- Tonight, you will hear from a num- place you have ever known, because it prove of the President’s ideas on immi- ber of colleagues in the CHC about why is no longer safe to be there, with your gration and our border. It shouldn’t be we believe we must fix our broken im- children. You travel a long journey, a surprise, either, that most Americans migration system, but first, let me nearly 1,000 miles, just to get your kids agree we need increased border secu- start with a brief history. to a place that is safe. You arrive in rity and we need it now. Let me start with the history of a this new place hoping to find some se- Since a physical barrier was con- young Guatemalan mom named Yeni curity, and what happens to you? You structed in San Diego, California, 23 Gonzalez. Madam Speaker, last night are locked up in a freezing cell called years ago, illegal immigration has in this very Chamber, we heard from the Icebox, given no food to eat, and plummeted in that region by 92 per- the President of the United States, have your children sent off without cent. That is just one of many exam- and, once again, he painted immigrants you knowing where they really are. ples. as violent criminals, claiming that the You left a violent place to give your We have a limited window of time only way to keep America safe is a use- children a better, safer life, and you with our current 3-week agreement, less, medieval wall along our southern have them taken away from you. and what with more caravan hordes border. The horrors this woman was forced to amassing below our southern border, By all accounts, President Trump has suffer are beneath the values upon we need to take action. made immigrants demons. He has de- which this great Nation was founded. f monized immigrants, especially un- But despite the cruel policies of the current administration, the kindness NEED FOR COMPREHENSIVE documented immigrants, as a central and good will of the American people IMMIGRATION REFORM theme of his presidency, and last night was, by no means, any exception. has not, for one moment, wavered. The SPEAKER pro tempore. Under As a former undocumented immi- Yeni was eventually released and the Speaker’s announced policy of Jan- grant myself, I see it as my mission to able to touch base with a relative in uary 3, 2019, the gentleman from New counter the many lies coming from the North Carolina. She found out her chil- York (Mr. ESPAILLAT) is recognized for White House pertaining to immigrants. dren were sent to a facility in my own 60 minutes as the designee of the ma- One of the ways we can do that is to in- congressional district in Manhattan, in jority leader. troduce the American people to immi- Harlem. And through the work and Mr. ESPAILLAT. Madam Speaker, I grants and to tell them our compelling support of volunteers, complete strang- am glad to see yet another member of stories. ers who never met her before, just try- our Congressional Hispanic Caucus pre- That is why I brought, as my guest, ing to do the right things and right the siding over the House this afternoon, to the State of the Union this young wrongs of their government, Yeni was as I had the distinct honor of doing Guatemalan mom, Yeni Gonzalez, one driven all the way across the country. yesterday. of the many people impacted by the It was a cross-country trip that she Madam Speaker, I have the privilege Trump administration’s hateful and took to finally reunite with her chil- of serving as the whip of the Congres- heartless zero tolerance policy. dren. sional Hispanic Caucus during this, the Yeni and her family, as I said earlier, I was able to work with her attorneys 116th congressional session, which is are refugees from Guatemala. Yeni is and the foster care facility to finally

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.046 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1381 reunite Yeni and her children. It was a ber of those crossing at the Mexican Over the past few years, we have seen touching moment for everyone in- border continues to decrease. waiting times grow and grow and grow. volved to see Yeni finally reunited with Finally, myth number three: there is Since 2014, the average processing her family. a crisis at our southern border—again, time for cases has nearly doubled. In Those volunteers, they are the Amer- false. some cases, by the time someone comes ica that I have come to know and love. As you can see right here in this up, they have aged out of their situa- Those people who put their own needs chart, Madam Speaker, the data shows tion, and now they are no longer appli- aside to help a complete stranger border crossings are at a historic low. cable, making them no longer eligible whom they knew nothing about, only Unlike what the President said here for permanent legal status. that she was in distress, represent the last night, unlike what he tweets on This administration’s backlog just values that America stands for. As a any given night, there is no crisis at adds more undocumented immigrants father and as a former undocumented the border. This has been fabricated. In to our population and is the perfect ex- immigrant myself, I was proud to play fact, border crossings are at a historic ample of how broken our system is. even a small role in this incredible low. Over the rest of this hour, some of story. Only a third as many people were ap- my CHC colleagues will talk more You see, Madam Speaker, a woman prehended and turned away from the about the specific issues we must ad- seeking refuge for the safety of her border in 2017 as there were in 2005. The dress in comprehensive immigration children is not some violent criminal, only crisis at the border is the humani- reform. Many of us agree that, to do as was portrayed here last night by the tarian crisis that the President, him- the right thing by the American peo- President of the United States. No self, has created. ple, we must start from the same set of matter what he said here last night, So now that we have dispelled some facts and establish a shared set of val- Yeni Gonzalez is not a violent crimi- of these myths, let’s talk about what ues. Madam Speaker, I yield back the bal- nal. And if you have ever seen a mother we need to do to actually fix our bro- ance of my time. in distress for the safety of her chil- ken immigration system. First and foremost, we must protect The SPEAKER pro tempore. Mem- dren, you know that no wall, no matter bers are reminded to refrain from en- Dreamers. Dreamers are young people how high, will stop her. gaging in personalities toward the who came here at a very young age. And now it is our duty to deal with President of the United States. the many immigration myths that They are doctors; they are homeowners were perpetrated on this floor last and small business owners; they are po- f night as America watched. lice officers; they are members of our NEED FOR COMPREHENSIVE Now, let me say to you that I want to Armed Forces; they are teachers—and IMMIGRATION REFORM begin a bit of immigration myth bust- they deserve to stay here in our Na- The SPEAKER pro tempore. Under ing, and I hope that President Trump tion. the Speaker’s announced policy of Jan- and his acolytes at are Democrats have been talking about uary 3, 2019, the gentleman from the watching because they could use this this for years, and President Obama did Northern Mariana Islands (Mr. SABLAN) important lesson. what he could in the face of Republican is recognized for the remainder of the We will start with my favorite, myth opposition to make sure that these hour as the designee of the majority number one: immigrants are violent young people have some stability and leader. criminals—false. In fact, all immi- certainty. But President Trump cruelly Mr. SABLAN. Madam Speaker, I grants, documented or undocumented, chose to take that away, and the thank my friend from the great State actually commit far less crime, lower Federal courts had to step in and say: of New York and the great city of New rates of crime than any native-born No, Mr. President, those young people York for inviting me to speak on the Americans or any naturalized Ameri- deserve to stay here. Now he wants to need for comprehensive immigration cans like you and I, Madam Speaker. use them as a bargaining chip, and we reform for our Nation as a whole and, As you can see, this chart, published will not allow that to happen. specifically, about how the broken im- by the Cato Institute, shows that un- Next, we must protect recipients of migration system hurts people I rep- documented criminals commit crimes temporary protected status, TPS. The resent in the Mariana Islands. at far less than half the rate of native- countries TPS recipients came here In 2013, the Senate passed a com- born U.S. citizens. Undocumented im- from are still dealing with extraor- prehensive immigration reform bill, migrants commit crimes at even lower dinary crises, and we can’t just send with Republicans and Democrats vot- rates. them back en masse. They deserve cer- ing together, that would have gone a Now, when you think about this, it tainty, too. long way to fixing immigration. makes perfect sense. So many immi- Next, we have to address family sepa- The bill gave people who came here grants come to the United States, in ration and the need to improve family illegally but are now contributing to the first place, to flee strife in their reunification. President Trump angrily the economic prosperity of all Ameri- own countries of origin. Why would refers to this as chain migration. We cans a way to come out of the shadows, anyone fleeing crime and violence just call it family unification, and we know and it provided for substantial im- commit a crime in the new country that when a family is together, that provements in border security—just that has harbored them? family is stronger; and if that family is what the President says he wants. I don’t know of any immigrant, man stronger, our Nation is stronger. The Republican-led House decided or woman, who leaves their house to go So we want to continue to work to not to take the path the Senate had to work seeking to get arrested, to ensure that families are kept together, courageously shown us in 2013, but I then be deported. That is a myth, and but what he doesn’t understand is that hope that, in this 116th Congress, we it is irrational. our immigration system has been made can dust off that comprehensive immi- Myth number two: the number of un- stronger by allowing individuals to gration reform bill and breathe new documented immigrants is growing due have their families here with them life into it. to a porous southern border and people once they are permanent residents. Because our immigration problems are flowing in—again, false. If my colleagues on the other side of still need fixing, we have a solution, Not only has the number of undocu- the aisle truly stand for family values, ready-made, that already passed the mented immigrants decreased over the and family values has been touted by Senate with Republican and Demo- past few years, but the way most un- those folks on the other side of the cratic votes. documented immigrants arrive in the aisle for decades, if they truly stand for I worked with the Gang of Eight in U.S. has completely changed from what family values, they should support the the Senate who drafted that legisla- it was just 15 years ago. The data efforts to strengthen families and sup- tion. I was able to include a section shows that only half as many people port family reunification policies. that dealt with groups of people in the arrive by crossing our border as those Finally, any reforms we make must Mariana Islands who fell through the who legally enter the United States reduce the outrageous backlog in proc- cracks when Congress extended U.S. and overstay their visa, and the num- essing applications for legal status. immigration law to my islands in 2008.

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.048 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1382 CONGRESSIONAL RECORD — HOUSE February 6, 2019 Let me begin by saying that none of bors. Some are my relatives. None are cates America’s moral duty to serve the people I wanted to help came into strangers to me. They are good people and welcome those most in need. our country illegally or stayed ille- who came in legally and remained law- The truth is that, Madam Speaker, gally. They were all lawfully present, fully present. But their lives are pre- migrants are escaping some of the but their situations were not under- carious, and the Trump administration harshest regimes in Central America, stood or accounted for when Federal is tightening the noose. where political and economic turmoil law was applied to the Mariana Islands. We do not have to imagine how to threaten their lives. That is why they I have wanted to help them since my help them. The solution is before us. come. first days in Congress 10 years ago, and The Senate-passed comprehensive im- Contrary to the President’s I will not stop working until they are migration reform in 2013, a bipartisan fearmongering, analysis from The New pulled out of the limbo we left them in. vote, a set of policies to fix our broken York Times and the Center for Amer- Let me tell you about these people. system and strengthen border security, ican Progress shows that illegal immi- Imagine you are the daughter or son I dare say could pass this House today. gration is near an all-time low. In fact, of parents who came to the Mariana Is- Let us act. apprehensions at the border have de- lands before 1976, before our islands Again, I thank the gentleman from clined more than 75 percent since the were even part of the United States. New York for giving me this time to year 2000. The Mariana Islands is your only speak. Most drug trafficking is coming home. You grew up in the Islands, went Madam Speaker, I yield to the gen- through our ports of entry, not rural to school, have worked there ever tleman from Illinois (Mr. GARCI´A). sections of the border. since, raising your own family, always Mr. GARCI´A of Illinois. Madam Just last year, we witnessed the hor- lawfully present. Speaker, I thank my colleagues, Rep- ror of young children being ripped out Then, three decades later, Congress resentative ESPAILLAT and Representa- of the arms of their parents. The chil- decides to extend America’s immigra- tive SABLAN, for yielding this time and dren were detained and held in cold, tion borders. Suddenly, you are told for organizing this important hour to lifeless cages, like animals, where they you are a foreigner. You need a work speak truth to power and provide an slept on concrete floors and were given visa or humanitarian parole or, other- opportunity for the American people to little more than aluminum sheets to wise, you will have to leave the only hear the truth in contrast to the lies keep them warm. home you have ever known. Imagine. that were told by President Trump in What a disgrace, Madam Speaker. The Senate comprehensive immigra- how he propagandized about immi- How can the richest, most powerful tion reform bill would have fixed that. grants. country in the world not have the abil- Imagine you are living in the Mar- I take this issue personally. The way ity to do better? iana Islands and the local government the President has characterized immi- My second point, on the need for im- passes a law, as it has every right to grants denigrates the dignity and the mediate immigration reform, is that do, that gives you permanent resident humanity of millions around the world, we face a tremendous crisis here at status. Then along comes Congress, 25 including myself. home, where millions of hardworking, years later, and says the Mariana Is- You see, Madam Speaker, I was born law-abiding individuals—our neighbors, lands is within U.S. immigration bor- in a tiny village called Los Pinos in the relatives, and friends—live in constant ders now. Oh, and by the way, you per- Mexican state of Durango. I am an im- fear of being ripped apart from all they manent residents, you do not have that migrant. know and those they love. status anymore. If you want to stay, My mother raised me, the youngest Madam Speaker, there are more than you need a work visa or humanitarian of four, while my father worked in the 11 million individuals, including chil- parole; otherwise, you will have to United States as part of a World War dren, living in the United States who leave your home, your children, your II-era bracero program. He was a mi- are currently undocumented. Of those, family. Imagine. grant seasonal worker, a pioneer of there are more than 3.6 million Dream- what would later become the H–2A visa ers, children who entered the U.S. be- b 1445 program. fore their 18th birthday, and more than The Senate comprehensive immigra- Eventually, my father got a job in a 1.8 million children eligible for DACA tion reform bill would have fixed that. storage plant in Chicago, and my fam- because they were brought to the U.S. Imagine coming to the Marianas as a ily immigrated to the U.S. in 1965. I before their 16th birthday. foreign worker. You have contributed still remember my first American meal Their parents brought them seeking to economic growth and have been a at a gas station in El Paso, Texas, a bo- refuge, opportunity, a chance to give lawfully present resident for decades. logna sandwich. their children a life free of the fear But Congress passes a new law, and Today, I stand on the floor of the from hunger, abject poverty, and the suddenly, your status changes. Even if U.S. House of Representatives with violent drug wars that are ravaging you have a spouse or children who are great pride to have been elected a Central America. U.S. citizens, they cannot petition for Member of Congress. But, also, I carry At this point, I would like to shine a you because they are too poor or un- a heavy burden, both on my conscience light on one young Dreamer who lives derage. and on my shoulders. in my district in Illinois, in a suburban Under the Obama administration, at The President’s grotesque character- community of Chicago, and how she least you were granted humanitarian ization of immigrants as rapists, drug studies, she works, and she helps build parole. But the Trump administration dealers, and murderers is an affront to communities. wants you gone by June 30, June 30 of me, to my mother, to my family. Most Back home, in the community of Lit- this year. importantly, it is an affront to my tle Village, where I have lived for the You must uproot your family, pull community and every single American, past 49 years, there is a story about a your children out of school, or leave lest we forget that our Nation values young woman named Elizeth Arguelles them behind as orphans. Imagine. immigrants. and the tamales that are making her The Senate comprehensive immigra- Last night, the President doubled dreams come true. tion reform bill would have fixed that, down on his rhetoric of hate, once Elizeth’s mother began working as a too. again falsely describing a security cri- tamale street vendor when she arrived Madam Speaker, I come from a very sis at the border. Today, I want to in Chicago so that she could save small community, compared to my col- make clear three points on why we so money and bring her children from leagues here in the House, just 50,000 desperately need immigration reform. Mexico to join her in the U.S. When people. When I ask you to imagine the First, let me be clear: There is no cri- Elizeth arrived at about 7 years old, plight of those who were forgotten sis at the border. The only crisis we she immediately began helping her when Congress extended Federal immi- face is the inadequate response to the mother make tamales. She would wake gration law to the Marianas, I do not humanitarian relief that women, chil- up at 3:30 a.m. to prepare the cart and have to imagine who they are. I know dren, asylum seekers, and refugees sell tamales until 7:30 a.m. before going them individually. They are my neigh- want, while this administration abdi- to school.

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.049 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1383 Elizeth grew up in the United States, We are your mechanics, your nurses, we were the site of the President’s saved up money from selling tamales, your farmers, your local brewer. We zero-tolerance policy, not because we and paid for college tuition, first at are your teachers, engineers, and law were the site of the tent city at Morton College and now at Dominican enforcement officers. We are fire- Tornillo, not because our processing University. fighters, plumbers, and doctors. In center is the site where detainees are Elizeth’s immigration status, how- some lucky instances, we are your Rep- right now being force-fed through a ever, continues to present a challenge. resentatives in Washington. nose tube against their will. We should Despite all her hard work and her As the proud immigrant Representa- be at the center of deciding the future study, her future is uncertain because tive from a district that is more than of this country in terms of comprehen- she is a deferred action recipient. She two-thirds foreign-born, I refuse to sive immigration reform because of our doesn’t know what will happen next. back down and sit silent while the generosity, because of our goodwill, be- Despite those obstacles, she has prov- President denigrates me, my family, cause of our kindness. en that she values resilience, self-reli- and my constituents. El Paso has absolutely set an exam- ance, and ingenuity. Those are her val- As a Congress, we cannot sit idly by ple for our country, and we have done ues, and they are American values as while thousands are denied humani- it with the way that we have opened up well. Elizeth’s story speaks to the val- tarian relief at the border while mil- our arms to everyone and treated peo- ues that make our country great. lions live in fear here in our commu- ple with the dignity that they deserve. Unfortunately, ICE raids continue to nities and while millions more wait, Madam Speaker, I thank Congress- terrorize immigrant communities and separated from those they love and man SABLAN for the opportunity to traumatize children like Elizeth who care for. correct the RECORD. live in constant fear of losing their par- Madam Speaker, I thank the gen- Mr. SABLAN. Madam Speaker, I ents and their own futures. These tleman from the Northern Mariana Is- thank my colleague very much for her young people yearn to go to college, to lands (Mr. SABLAN) for yielding me the comments. serve in our military, and to enrich our time to share my story. Madam Speaker, I just realized that communities with their entrepre- Mr. SABLAN. Madam Speaker, I today, this Special Order, we had four neurial spirit. yield to the gentlewoman from Texas speakers, three of whom are immi- Madam Speaker, Congress must cre- (Ms. ESCOBAR), the CHC freshman Rep- grants: the gentleman from New York, ate a path to citizenship to prove that, resentative. the gentleman from Illinois, and this beyond a doubt, we welcome Elizeth Ms. ESCOBAR. Madam Speaker, I am gentleman from the Northern Mari- and those like her to America. here to correct the RECORD, to bust the anas. We are immigrants. The sky I want to end and make my third and myth, to make sure that Americans final point. The status quo cannot re- hasn’t fallen. know the truth about my wonderful, There is nothing to be afraid of. We main, and the current legal immigra- generous, incredible community, El tion system is broken, creating dec- are a country of immigrants. Paso, Texas. Madam Speaker, I thank my col- ades-long delays for family reunifica- Last night, in this Chamber, as I was league, Mr. ESPAILLAT, for organizing tions and exacerbating workforce gaps seated in the audience listening to the this evening’s Special Order on the that harm our economy. State of the Union Address, I heard our need for immigration reform. Madam Speaker, when we hear President misinform the American naysayers complain that immigrants Madam Speaker, I yield back the bal- public. He said that El Paso, Texas, ance of my time. should come to America using the legal was once one of the most dangerous route but fail to acknowledge the anti- cities in America, and then a wall was f quated and broken state that our sys- built. INTERNATIONAL DAY OF ZERO tem is in—for many, processing time Well, Madam Speaker, that is not TOLERANCE FOR FEMALE GEN- for family reunification visas can last true. El Paso is one of the safest cities ITAL MUTILATION between 18 and 23 years. in America. However, we have been a Imagine how much can happen in 18 The SPEAKER pro tempore. Under safe community; we have been a safe the Speaker’s announced policy of Jan- to 23 years, Madam Speaker. city. We are right on the U.S.-Mexico As of November 2012, there were 4.3 uary 3, 2019, the gentleman from Penn- border, and we have been safe for dec- sylvania (Mr. PERRY) is recognized for million people on the wait list for fam- ades. ily visas and 113,000 waiting for em- 60 minutes as the designee of the mi- ployment-based visas. b 1500 nority leader. Those years-long wait times cause The wall was built in El Paso, Texas, Mr. PERRY. Madam Speaker, I am others to make an even more difficult in 2008. Our ranking as one of the safest here today to talk about something choice. In Mexico, a group now referred communities in America dates back to that is completely unimaginable to me. to as Los Invisibles, the invisible ones, the 1990s. I can’t imagine I am here to talk about is growing. Los Invisibles, these invis- Many people wonder why El Paso is it on the floor of the House of Rep- ible young people, refers to more than so safe. Why is El Paso, which is, resentatives. I can’t imagine that it oc- 600,000 American-born U.S. children liv- again, right on the U.S.-Mexico border, curs in the world. I can’t imagine that ing in Mexico. one of the safest communities in Amer- it occurs on this very day in this world. Because our broken system keeps ica? Last night, in those conversations, I can’t imagine that it occurs in our families apart for so long, or it tears I pointed to my guest at the State of country, but it does. mothers and fathers away from their the Union Address, Senaida Navar, who Madam Speaker, I rise today in soli- children, some have elected to leave is a Dreamer; she is a teacher; she is an darity with all who condemn a horrific America altogether—a real tragedy, a activist; she is exactly the kind of com- practice on this, the International Day real loss for us. munity member, constituent, citizen of Zero Tolerance for Female Genital Perhaps in another life, I would have who makes El Paso and the country Mutilation. been one of those children and, because great. Today, I introduced a bipartisan res- of the anti-immigrant policies of to- As these debates over comprehensive olution with my colleague, the gentle- day’s administration, the next U.S. immigration reform, over border secu- woman from Florida, Congresswoman Congressman won’t stand here in the rity, continue to get louder and, in LOIS FRANKEL, which calls for a coordi- future to share the immigrant experi- fact, uglier here in Washington, D.C., nated response from the United States ence that I share with all of you today. El Paso has been, in many ways, at the and the international community to The true crisis we face, the true dan- center of those debates and those dis- end this horrific and cruel practice. ger we face, is the President’s propa- cussions. The numbers surrounding FGM are ganda that flies in the face of truth. I will tell you, they should be. El shocking. They are staggering. Two Immigrants don’t worsen the Nation. Paso should be at the center of that de- hundred million women and girls alive On the contrary, immigrants help keep bate. today are survivors of FGM. Of those this Nation the strongest nation the The reason why El Paso should be at 200 million, 44 million are girls at or world has ever known. the center of that debate is not because under the age of 14.

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.051 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1384 CONGRESSIONAL RECORD — HOUSE February 6, 2019 Madam Speaker, these are children. girl and a way to prepare her for adult- she and victim 2 had to go to the doctor be- These are the little girls who you see hood and marriage. It is literally unbe- cause ‘‘our tummies hurt.’’ While at the doc- going to elementary school in your lievable. It is viewed as a way to ensure tor’s office, a procedure ‘‘to get the germs out’’ of her was performed. community. premarital virginity and marital fidel- Victim 1 identified an unmarked photo- This year alone, an estimated 3 mil- ity. It is more likely to be carried out graph of Nagarwala and said that she was the lion girls are at risk of being genitally by communities that believe that this person who performed the procedure. mutilated. In 25 countries where FGM mutilation increases marriageability. Victim 1 said she took off her pants and is routinely practiced, between the In other communities, FGM is prac- underwear and laid on an examining table years 2015 and 2030, an estimated 68 ticed under the notion that girls are with her knees near her chest and her legs million girls will be cut, unless we take more clean and beautiful after removal spread apart. She said that Nagarwala concerted and accelerated action. of body parts that are considered un- ‘‘pinched’’ her on the ‘‘place where she goes pee,’’ and that she was given a pad to wear in This is an urgent situation when you clean, unfeminine, or male. her underwear as she left. She said that she imagine what happens, and I am going As an international community, we was told not to talk about the procedure. to go through it with you. must work with these communities to On April 11, 2017, a medical doctor in Min- People ask, what exactly is FGM? provide accurate information about the nesota performed a complete medical exam- Until just a few years ago, until I read harm of this practice, about the long- ination of victim 1 pursuant to a search war- about it and met some of the ladies term harm of this practice to women rant. Your affiant has spoken with the med- who have had to endure it, I didn’t and girls, and change the narrative ical doctor who performed the exam, and the know and I wasn’t aware. But FGM doctor’s preliminary findings are that her that somehow FGM is okay or toler- genitals are not normal in appearance. Her comprises all procedures that involve able for any reason whatsoever. labia minora has been altered or removed, partial or total removal of the external It is not okay. It is not tolerable for and her clitoral hood is also abnormal in ap- female genitalia or other injury to the any reason under the Sun. pearance. Finally, the doctor observed some female genital organs for nonmedical People ask where FGM is practiced. scar tissue and small healing lacerations. reasons. FGM is primarily concentrated in 30 On April 10, 2017, victim 2 was interviewed There is no medical necessity what- countries in Africa, the Middle East, by a child forensic interviewer employed by soever to do this. It is most commonly and Asia. Currently, for girls 11 and the FBI. Victim 2 is also 7 years old. She said performed on girls from infancy to age that she came to with victim 1 and younger, FGM has the highest preva- that she went to a doctor’s office. She identi- 15. lence in Gambia at 56 percent, Mauri- fied a photograph of Nagarwala as the doctor Now, just think about that: no anes- tania at 54 percent, and Indonesia at 50 who she saw in Detroit. thesia, no forewarning, no approval. percent. Victim 2 said that, in the examination Madam Speaker, I am joined by the It is most common in Somalia, Guin- room, Nagarwala took off her pants and un- gentlewoman. Wonderful. ea, and Djibouti, where more than 90 derwear and put her on the table. She said FGM is classified into four major percent of women and girls ages 15 to that she ‘‘got a shot,’’ and that it hurt really badly and she screamed. She said the ‘‘shot’’ types, ranging from pricking, nicking, 49 are mutilated on a regular and sys- scraping, and cauterization, to total was on her upper right thigh. tematic basis. She drew a picture of the room, and she excision and infibulation. Make no mistake, however: FGM is a drew an X to indicate blood on the exam- FGM is widely recognized by the global problem. The World Health Or- ining table. She said her parents told her international community as a viola- ganization warns that growing migra- that the procedure is a secret and that she is tion of women’s and girls’ basic human tion has increased the number of girls not supposed to talk about it. rights, the right to their own body, and women living outside their country She said that, after the procedure, she their very own body and no one else’s, could barely walk and that she felt pain all of origin who have undergone FGM or the way down to her ankle. She said and what happens to it. who are at risk in Europe, Australia, Organizations that condemn FGM in- Nagarwala told her that she was fine. Latin America, and North America. Victim 2 said that she left one of her win- clude the United Nations, the African Just last Friday, February 1, the ter gloves in the medical office. Union, the European Union, and the United Kingdom handed down its first- This is a little 7-year-old girl. Organization of Islamic Cooperation. ever guilty verdict of a woman who The World Health Organization says On April 10, 2017, a search warrant was exe- committed FGM on her 3-year-old cuted at the medical clinic. During the this practice has no health benefit for daughter. search, agents found a child’s winter glove in women and girls and, instead, can have I have daughters. It is just unimagi- the medical clinic. The glove had victim 2’s severe short- and long-term impacts on nable to me. first name written on it. the physical, psychological, sexual, and The largest health network in Belfast Nineteen months later, in November reproductive health of these innocent, saw 17 cases of FGM in just 9 months 2018, a Federal judge in the Eastern helpless girls. between April 2017 and January 2018. District Court of Michigan ruled the The immediate physical complica- Unfortunately, unbelievably, FGM 1996 Federal statute unconstitutional tions of FGM include, obviously, severe has also made headlines in the United and actually dismissed several charges pain, excessive bleeding, fever, urinary States. In April 2017, Federal prosecu- against these so-called doctors and issues, shock, and death. That is just tors for the first time used a 1996 Fed- their co-conspirators. the beginning. eral statute criminalizing the practice In the Michigan case, Judge Fried- In the long term, a girl may experi- of FGM to bring charges in Livonia, man of the Eastern District Court of ence cysts, infections, septicemia, Michigan, against Drs. Fakhruddin Michigan wrote that ‘‘Congress over- painful and difficult urination and Attar and Jumana Nagarwala. stepped its bounds by legislating to menstruation, and increased risk of These doctors are accused of per- prohibit FGM. . . . ‘Local criminal ac- death during childbirth for both the forming FGM on at least nine underage tivity’ . . . is for the States to regu- mother and the unborn child. girls, from 8 to 13 years old, from at late, not Congress.’’ The pain inflicted by FGM doesn’t least three States. This is happening Because of that, because of that dis- stop with the initial procedure. It often right here in our communities. appointing and horrific news, the good serves as an ongoing torture through- I have an excerpt from the 10 crimi- gentlewoman from Florida and I are of- out the woman’s life, for her whole life. nal complaint pages against Dr. fering a bill today that works within Who practices FGM? FGM is a deeply Nagarwala. This is what happened, ac- the Federal Government’s jurisdiction rooted cultural practice. Different cording to investigators and the vic- to combat this reprehensible practice. communities give different expla- tims themselves. These are direct ex- b 1515 nations for why they insist upon FGM, cerpts. which usually involves nonfactual, On Monday, I introduced two bills. misleading, and, frankly, insulting ar- On April 10, 2017, victim 1 was interviewed The first was the bipartisan Protect by a child forensic interviewer employed by guments about cleanliness and woman- the FBI. She is 7 years old. She stated that Our Girls Act, H.R. 959, in which we ex- hood. she was brought to Detroit, Michigan, with pressly criminalized the transport of a FGM communities often consider the victim 2 for a ‘‘special’’ girls’ trip. After they minor across State lines for the pur- practice a necessary part of raising a arrived at the hotel, victim 1 advised that pose of female genital mutilation. The

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.052 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1385 majority of these girls involved in the Uplifting the value of women around Now, a friend showed me a picture, recent case were from Minnesota and the world is an American value that and it is one of those things where you Illinois, while the mutilation was per- must continue. And still, there are hor- sometimes wish you hadn’t seen some- formed in a clinic in Michigan. rific norms and cultural practices, like thing that you had seen, and you can’t My second proposal, the Empower female genital mutilation, or we call it unsee it but it has such an impact on Our Girls Act, H.R. 960, adds female FGM for short, and it is holding back you. I have that picture now, so I am genital mutilation to seven grant pro- women from reaching their full poten- just going to continue to talk about grams within the Violence Against tial. that a little bit. Woman Act, or what is commonly Representative PERRY, I actually met This is a picture from a National Ge- known as VAWA. The grants will focus a victim of this very, very cruel act ographic magazine. And when I and the on providing assistance in the criminal last year. She came to a panel discus- gentlewoman from Florida talk about justice system and support from social sion. Her name was Jaha, a young the cultural aspects of this—this poor service organizations to these ladies woman from Gambia. She told us that little girl. You can see the grimace on and little girls. when she was actually born, when she her face. This is the first time that VAWA pro- was 1 week old, she was mutilated, and There is no sanitation, so to speak. grams will address FGM and will allow that at age 15, she was married off. She This is not necessarily performed in a victims of this unspeakable, unimagi- told us this is very common. It is hap- doctor’s office. It looks almost like a nable act to have the same opportunity pening to something like 200 million school with a bunch of people around, to receive assistance as victims of women today. right? No anesthesia. other violent crimes. Now, Jaha, she is a champion, be- They are holding her down, three of The bill also adds female genital mu- cause she broke away from her mar- them holding her down. She doesn’t tilation as a separate crime under the riage and she became a champion advo- want this to happen. This lady is smil- FBI’s uniform criminal reporting sys- cate for her daughter. She became an ing in her face. I can’t imagine this lit- tem. advocate. Through her advocacy, FGM tle girl—wherever she is from, whoever By codifying the existence of this is now banned in Gambia. So she has she is, I can’t imagine that this, some- crime, the bill lays the foundation for shown us that it can be done. how, is acceptable anywhere. collecting information as it occurs 200 million girls and women today I feel compelled—I feel it is my duty, across States. Reporting will assist in have been cut, leaving them with irre- it is our duty—to speak out and say identifying other measures to bolster versible emotional and physical dam- something about this to make sure it prevention and prosecution. Before I yield to my good friend from age which can lead to infection, severe doesn’t happen anywhere—it doesn’t bleeding, complication in childbirth happen in our homes; it doesn’t happen Florida (Ms. FRANKEL), I just want to tell folks who might be listening or and increased risk of newborn death. to one more little girl. I stand before watching that one of the things that It is horrific, it is inhumane, and it is you today to call for an end to this we hear when we go to the States—be- a gross violation of human rights. And horrific, barbaric practice internation- cause law enforcement typically hap- it is not just tied to one religion or cul- ally. pens at the State level—and we say, ture; it could happen anywhere. It is Only 28 of our United States have ‘‘Would you please consider a law for unbelievable to say that it still hap- statutes criminalizing FGM to any this so that this doesn’t happen, so pens in the United States of America, varying degree. And again, I have gone that this is illegal, so that people as you so aptly pointed out. to my State, and I have said: ‘‘Please, aren’t encouraged to practice it but are I am very happy to be here with you. will you do something?’’ discouraged from practicing?’’ they In fact, I am very proud to be here with ‘‘Well, this isn’t happening. We don’t will say, ‘‘Well, it doesn’t happen here. you to just send a clear message that have any reports of it.’’ We don’t have any cases of it being re- FGM is unacceptable. It must stop. We don’t have any reports because it ported.’’ And I am so pleased to join you in all is legal. If people knew it was illegal, It is not going to be reported, folks. your efforts, our joint efforts to stop they would report it when they saw it. The people who are doing this are this practice. When this little girl goes to the doctor doing it in secret. And once it has hap- And I will add something: In the some day, they would report it. pened to a young girl or a lady, imag- United States, there is more that we I ask that the 22 States that cur- ine the shame or the fear of going to a can do in terms of resources. At least rently have no law banning FGM, to in- doctor and talking about something $15 million is needed, annually, to con- clude my home State of Pennsylvania, like that. tinue our efforts. I would like to see us to pass legislation immediately. I am It is not reported for a reason. And put into law the U.S. strategies to pre- asking them right here, right now, because it is not reported, it is becom- vent and respond to gender-based vio- today, on this day of international con- ing more prevalent. We just can’t allow lence, globally, and to empower adoles- demnation of this barbaric practice. that to happen. cent girls, recognizing that FGM is a This is the day, the International At this time, I yield to the gentle- gender-based violence. Day of Zero Tolerance for FGM, female woman from Florida (Ms. FRANKEL). As importantly, we must restore our genital mutilation. Now is the time to Ms. FRANKEL. Mr. Speaker, I thank funding to the U.N. Population Fund, stand up for the voiceless. Representative PERRY for yielding. I which is providing care to 2 million These are little girls. These are little have to say it was quite difficult to lis- survivors around the world. It is time girls whose mothers and fathers take ten to you, not because you are not ar- we recommit to ensuring the safety them to do this to them. Sometimes ticulate, but these stories are horrific. and empowerment of women and girls. they do it to them, as you have heard, I just thank you on a bipartisan basis Mr. Speaker, I know Representative themselves. Little girls who trust their that we can address this horrible, hor- PERRY would join me in saying, when parents, who trust their mother would rible situation. women succeed, so does the world. never hurt them, right? Voiceless. I am rising here today and I am join- Mr. PERRY. Well, I thank the gentle- This must be criminalized, this hor- ing, of course, Representative PERRY woman so much, and I know this is a rific practice of FGM. FGM has abso- on International Day of Zero Tolerance sensitive, uncomfortable topic, but it lutely no place in America or anywhere for Female Genital Mutilation. I say must be discussed. We can’t just close else in the world. Again, there is no that every girl, no matter where she is our eyes and turn our head from un- medical reason to do this whatsoever— born, has a right to live free of vio- comfortable things. none. It is unconscionable. lence. I am so proud and thankful that the FGM is unconscionable. It is a sys- When women and girls are empow- gentlewoman has been willing to step tematic form of abuse and female sub- ered, when they are provided access to up and stand up for these young ladies jugation perpetrated against the quality healthcare and education, com- all around the world and in the United youngest and most vulnerable among munities thrive. In fact, the best pre- States as well, in our communities. us. dictor of a country’s peacefulness is Make no mistake, ladies and gentle- And it doesn’t just end right there. how well its women are treated. men, this is violence. This is violent. When she is done with this, it doesn’t

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.054 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1386 CONGRESSIONAL RECORD — HOUSE February 6, 2019 end there. She has got to heal, which here, and it starts right now. We have One of my passions has been trying may take weeks and months, or longer, waited too long. to get an understanding of this. There physically. But the scars of what hap- Mr. Speaker, it has been my privilege are a number of things we can do to ac- pens to this little girl and millions to speak up on this issue. tually deal with the fact that we are around the world and in our country, b 1530 getting older as a society. We are see- as well, lasts the rest of their lifetime. ing what is happening on our birth For what? It is sensitive, and that is why people rates. The fact of the matter is, those As our society becomes more tran- don’t want to speak up on it, because it of us who are baby boomers—there are sient and diverse, we must strengthen is embarrassing to talk about, and I 74 million of us—and in 9 years, all of our efforts to stop this practice. It sim- guess they are afraid of the embarrass- the baby boomers will be functionally ply must end immediately. Those who ment. But I am not. Somebody has to 65 and older. perpetrate it must be brought to swift speak up for these little girls that have It is a demographic bubble moving justice in the United States. We can no no one else, that, after the fact, can do through our society, and there are ben- longer have somebody report and put nothing about this for the rest of their efits that we as a society have been themselves out there and peril them- lives. promised. So what do you do? How do selves, make themselves vulnerable to They only have us here, people who you make sure you have a vibrant retribution or what have you for the don’t know them, people who will prob- enough economy to keep our promises? judge to throw it out. ably never ever know them. They have How do you make sure we have a vi- I am not here to criticize the judge us, and it is our job. It is our duty to brant enough economy not to crush the who looked at the Constitution and stick up for them and put ourselves out young in their opportunities? said: Look, this isn’t the place for it. here. And if it takes being uncomfort- We have been laying out five little I get that. That is the judge’s job. able, well, that is what it takes. legs. We will call them our proposals, But it is our job in Congress to get this Mr. Speaker, I am privileged to be everything from an immigration sys- right, to make sure that the law says here today to offer this. I would ask tem that is talent based so you maxi- one way or the other: This is a problem that if my colleagues who are listening mize economic vitality; policies, such in our country. We don’t accept this. haven’t heard about this, please take a as tax, regulatory, trade, that maxi- We reject this, and there is going to be look at these two pieces of legislation. mize economic growth; policies that a penalty for doing this. I appreciate their input. If they have are all up and down, whether it be our Those little girls can’t protect them- got ways to improve them or if they programs within the social safety net, selves. They have no protection what- are concerned about what we are try- or just incentives within Social Secu- soever. They are counting on their par- ing to do here and think it is over- rity, and Medicare; other programs to ents and the adults in their lives. reaching or something like that, I stay in the workforce or enter the Mr. Speaker, I thank my colleagues would appreciate your input. workforce because labor force partici- from both sides of the aisle and across We want to make sure that we are pation is crucial. the political spectrum for their support doing the best job that we can, and We had a good number last month of bipartisan solutions to condemn and that we are doing the best job that we where we broke over 63 percent labor stop this atrocity. We have great sup- can for little girls like this who are force participation. I know this sounds port, and we think we are going to get being held down against their will and a little geeky, but it is crucial. even more support, bipartisan support. having their body parts cut off of them The fifth one—and we will come back There are not many things that because of some culture and some ideas to the fourth—the fifth one is looking Democrats and Republicans, that con- that they will somehow be more wor- at our retirement entitlements and servatives and liberals across the coun- thy in their community once they are how we design them to incentivize ev- try can agree upon, but we can all mutilated for the rest of their life. erything from being a good consumer agree that, if that were our little girl, That is our job here. to staying in the labor market longer. there is no way in hell we would let Mr. Speaker, I yield back the balance But the fourth one that we keep talk- that happen. There is no way. of my time. ing about over and over and over again So not only us, as different people on f is technology. different sides of the aisle here in this Once again, I put up this slide right DEMOGRAPHIC BUBBLE , but the inter- here just to understand the scale. In a national community is also weighing The SPEAKER pro tempore (Mr. decade, you and your partner, if you in on this as well, as you have already JOHNSON). Under the Speaker’s an- have jobs, there will be two people heard. They have said enough is nounced policy of January 3, 2019, the working for every one person in retire- enough. Chair recognizes the gentleman from ment in 10 years: two workers, one re- It is bad enough that it is happening Arizona (Mr. SCHWEIKERT) for 30 min- tiree. And understand Medicare and So- in other parts of the world, but in the utes. cial Security are functioning right now 21st century, in 2019, this is happening Mr. SCHWEIKERT. Mr. Speaker, as pay-as-you-go programs because we right here in the United States of what we are doing today is sort of a are using today’s income to pay to- America. And Americans need to be continuation of the theme that since day’s retirees. aware. They need to be informed. The the beginning of this Congress we have The next slide is just to emphasize medical practitioners need to be in- been walking through. So let’s put this the scale of the unfunded liability. formed. sort of in context. When you look at this slide, you will Law enforcement needs a tool. They This is probably our fourth or fifth see up on the top that this is the 30- need something to ensure that the peo- time to come to the floor and do part year projection. It is not adjusted for ple who are contemplating doing this of this theme. The first time we did inflation. So if you want to adjust it will contemplate not doing it; that peo- this we took almost an hour and we ac- for inflation, you can remove a third of ple who think somehow it is culturally tually sort of walked through what is the value. But, functionally, over the acceptable figure out and are informed happening in our society, when you ac- next 30 years, you have an $84 trillion that it is not; that people who some- tually do the math of the massive un- unfunded liability when you add in the how feel that they must do this to funded liabilities in Medicare; the cost of the programs and the interest their little girl so that they can then issues with the fact that in 9 years, 50 related, $84 trillion over the next 30 force her into some marriage and that percent of the noninterest spending of years. she will be acceptable to the partner this government in 9 years will be to But if you take a really close look, that she is forced to be with, that that those 65 and over. almost all of that comes from Social is no longer acceptable either. So it is important to understand Security and Medicare. The rest of the It never was acceptable. It is not ac- what is happening to us demographi- budget has about a $16 trillion on the ceptable in the United States, and it is cally. Much of that difficulty that is positive side, so you have got an $84 our job to make sure it is not accept- coming toward us is about healthcare trillion shortfall. So what do you do as able anywhere. And it starts right costs. far as solutions?

VerDate Sep 11 2014 01:28 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.055 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1387 Well, we are going to show some What happened to the days when you ing like it is the late 1990s. There is a slides of some creative ideas. Remem- used to have to go to a medical clinic technology revolution around us. Let’s ber, we are working on that. We have that had the specialty equipment? You drag that creative thought, creative five piers. Right now we are going to would sit there and find out that you design into our debate and say, this is talk about our technology pier. Just, had a bone chip in your heel. Now, you more than the continuing debate of once again, to sort of get your head are at your office, your nurse’s office, who pays, who doesn’t pay. It is: we around these numbers, from 2008 to your company’s office. You can actu- need a revolution in how we stay 2028, the calculation is 91 percent of the ally buy this as an individual. You can healthy. increased spending of this Federal Gov- actually see, and we are reading arti- Is this Republican or Democrat? I am ernment will be interest, Social Secu- cles that are saying very soon you making the argument it is technology. rity, and healthcare benefits. won’t actually look at the picture. You Now, as we joke in our office, eventu- Your government is functionally an will use this handheld ultrasound and ally, we will figure out that one party insurance company with an Army. So the algorithm will actually tell you will take a side so we can fuss at each how do you have a revolution in what it is seeing. This is a revolution. other. But at least right now, the dis- healthcare costs? We have lots of pro- Right now, I think you can buy one cussion of dragging technology into posals around here, and if you listen to of these on Amazon for under $2,000. our own personal healthcare is not par- them—and we have got to be brutally Conceptually something that used to tisan. It is a solution. Let’s go on to honest—think about the ACA, many be a large piece of equipment is in the the next slide. know it as ObamaCare, or some of our palm of your hand. That is a revolu- About 2 years ago I had a situation alternatives; we are often having a de- tion. where I was cooking. It was a Sunday bate of who gets to pay. Those don’t We are about to have a series of dis- evening. I love to cook, and I almost have a revolutionary—they don’t have cussions about drug pricing. Drug pric- chopped off my pinky. So I am at the a disruptive nature in the cost of ing is a huge component of what we do emergency room in Scottsdale, Ari- healthcare services. We are just mov- to have a revolution in the cost of zona, and I am bleeding like crazy. ing around saying: we want more gov- healthcare. The wonderful person who is on the ernment subsidies. No, we want more Here is a quick thought experiment. intake side in the emergency room, as nongovernmental private-sector com- What if I came to you and said: 50 per- I am bleeding down my arm, is saying: petition, but we are often moving cent of the pharmaceutical prescrip- David, do we have your medical around who gets to pay. tions that will be written this year will records? Are you allergic to anything? Our argument is we are in the middle not be properly used or used at all. So And I am going: I am bleeding. Well, the absurdity is my medical records of a technology revolution. How many just as a thought experiment, half the were in the office that was closed be- of you have a watch that helps you pharmaceutical prescriptions written cause it was a Sunday evening. I should manage your blood pressure? How this year just won’t be used at all, or have my medical records with me and many of you have seen the patch that will be misused. you should have your medical records helps you manage your blood oxygen? Well, right there—it is absurd to say with you. It is not that hard. It turns There are a number of these sorts of if we would fix this problem we would out others agree. This technology is things—we call them digiceuticals— have a 50 percent reduction in the need to pay for pharmaceuticals, but it out there. that are coming onto the market. We Now, I had the blessing of being the could be a huge impact. This has less as a body need to drag technology into co-chair of the Congressional to do with fighting over the this debate so technology brings us a Blockchain Caucus. I actually believe disruption in the cost. formularies, the mechanisms over here. there is a really elegant way of using I say this over and over and over, but Will we have enough money for an encrypted, what we call, blockchain, it is a good visual. When was the last healthcare research? This is just about a distributive ledger, with levels of per- time you went to Blockbuster video? proper utilization. mission. So it is more than just my So what would happen if I would Didn’t it feel like almost overnight medical records, because, as we are come to you right now and say: I have from going down and getting the little going to show in a couple more slides, a relative who has some dementia silver disk and getting a movie rec- this is actually just the beginning. ommendation to now you go home and issues or did you take your hyper- If I can carry my medical records hit a button? We are living in a society tension medicine this morning? Turns with me on this, why can’t I have that that is having an amazing techno- out, we can actually put on a bottle wearable that helps me manage my di- logical revolution. cap that actually would talk to your abetes, also doing 24 hours, 7 days a What happens when this supercom- phone saying: Hey, you did not take week data; the thing that actually puter in your pocket is functionally your pill today. Hey, you did not take helps me deal with my heart arrhyth- your primary-care physician? It turns your pill in the time prescribed that mia, 7 days a week, 24 hours every day. out that that technology is here today, you are supposed to take it. That type of algorithmic data is also but we as a body need to talk more Something like this, as simple as attached to my medical files; instead about who gets to pay and more about this, is a technology solution to an of thinking that my medical profes- lowering the price of healthcare. issue where we know we have lots and sional is going to find out I have an I will argue that the elegance of lots of seniors that don’t take their issue in that 15 minutes I am in their dragging this technology, removing the medicines on time or in the proper office. barriers, removing our inequities in the fashion. compensation for using this healthcare We even have more complicated ones b 1545 IT is we will be healthier. We will deal that are in the same vein. What if you This is more than a medical record with our issues much faster, particu- are someone who has multiple pills concept. If I am able to have larly for those of us who have very that you take? This one was particu- digiceuticals—wearables—that will busy lives, instead of waiting for that larly designed for seniors with some help me manage my healthcare and appointment. memory issues combined. help me manage my chronic condition, So I want to just show some of the This is a dispensary that was just will I be healthier? revolution that is already out there. shown at the Consumer Electronics Mr. Speaker, it is like the contact These things are already out there in Show in Las Vegas 3 weeks ago. At a lens that actually helps manage your our society. certain time, it notifies you and drops blood glucose talking to your pump, so This next slide shows a handheld the prescribed combination of pills into you don’t crash if you are diabetic, it ultrasound. It is basically the size of a little cup for you. It is a technology helps maintain you. You already see your phone. You plug it into your solution for drug utilization where we some of that technology on a number Bluetooth, or you plug it into what- know that 50 percent of pharma- of people’s shoulders today where it is ever, iPhone—at least I think this one ceuticals are not being properly used. actually Bluetoothing into the pump. is an iPhone in this picture—and it is a Mr. Speaker, I beg of us as a body, we The revolution is already around us handheld ultrasound. need to get out of our rhetoric sound- using these technologies. We, as a

VerDate Sep 11 2014 02:25 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.057 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1388 CONGRESSIONAL RECORD — HOUSE February 6, 2019 body, need to have a very honest con- So I need us all to be creative here REPORT ON RESOLUTION PRO- versation of how do we remove bar- and think this issue through. If 50 per- VIDING FOR CONSIDERATION OF riers—and we will need our friends at cent—actually more than 50 percent of H.R. 840, VETERANS’ ACCESS TO the State and local level to also re- our healthcare cost is 5 percent of our CHILD CARE ACT; PROVIDING move some of their regulatory bar- brothers and sisters with chronic con- FOR ADOPTION OF H. RES. 86, PROVIDING AMOUNTS FOR THE riers—to allow the adoption of these ditions; we already know these types of types of technologies. EXPENSES OF THE SELECT COM- technologies are helping us manage in- The thought experiment goes a little MITTEE ON THE CLIMATE CRISIS further. In the Scottsdale area—I think dividuals’ needs and issues who have AND THE SELECT COMMITTEE we now have five or six, maybe seven of chronic conditions. ON THE MODERNIZATION OF them up—there are functionally auton- We saw the pill bottles to make sure CONGRESS; AND PROVIDING FOR omous healthcare clinics. It is a crazy that—is there a way that the 50 percent CONSIDERATION OF MOTIONS TO thought. You walk in, you sign up on of pharmaceuticals that are not being SUSPEND THE RULES an iPad, and you take a picture of your properly used or used at all are being Mr. MORELLE, from the Committee insurance card. You go into a booth, properly managed? Our ability to man- on Rules, submitted a privileged report and the avatar on the screen talks to (Rept. No. 116–6) on the resolution (H. you and says: Can you shine this in age our data is going to be coming from all these healthcare devices. Res. 105) providing for consideration of your nose? Can you turn it right, turn the bill (H.R. 840) to amend title 38, it left? It will show you. So my thesis is very, very simple. As United States Code, to direct the Sec- This avatar bends the device, and we have the arguments about drug retary of Veterans Affairs to provide then says, put it in your ear, turn it, prices and as we have the arguments child care assistance to veterans re- and down your throat, turn it, turn it. about healthcare costs, we need to ceiving certain medical services pro- It is autonomous. Think about the cost have the discussion of it is time for a vided by the Department of Veterans savings. technology revolution, and we need to Affairs; providing for the adoption of The algorithm does a calculation and drag that technology solution into the the resolution (H. Res. 86) providing says: we are actually calculating you amounts for the expenses of the Select debate in how we regulate, how we have the flu. Committee on the Climate Crisis and It turns out that algorithm is re- incentivize, and how we compensate. the Select Committee on the Mod- markably accurate. Because, Mr. Speaker, I will make ernization of Congress; and providing Now, in today’s world, at the very you the argument: this is the moment for consideration of motions to suspend end of the consult, a doctor comes on that—if you remember, the first couple the rules, which was referred to the to the screen and talks to you. A doc- slides were the healthcare costs that House Calendar and ordered to be tor can choose to hit the button and we have committed to as a society that printed. accept that algorithm. f But, conceptually, think about that. functionally consume almost every in- What if that type of technology wasn’t cremental dollar of our future. What SENATE BILL REFERRED just sitting in an autonomous would our future look like if we were A bill of the Senate of the following healthcare clinic, but was at your able to bend that cost curve because we title was taken from the Speaker’s school nurses’ office, your office? actually found and embraced the tech- table and, under the rule, referred as How about if it got small enough, nology disruption that is on our door- follows: compact enough, and inexpensive step? S. 49. An act to designate the outstation of enough so it was at your home? the Department of Veterans Affairs in North How many of us have had the occa- Wouldn’t this be a much more ele- Ogden, Utah, as the Major Brent Taylor Vet sion where we have the cold or the flu, gant debate and a much more opti- Center Outstation; to the Committee on Vet- we suffer with it for a couple days, and mistic conversation? erans’ Affairs. then we start saying: Can I go to the That is what I have for today. But we f urgent care center? Maybe I can get an are going to do the next phase of this ADJOURNMENT appointment with my doctor. next week and the week after that to Mr. MORELLE. Mr. Speaker, I move By the time you show up at your doc- sort of walk through these pillars of, that the House do now adjourn. tor’s appointment, Mr. Speaker, you The motion was agreed to; accord- are actually already on the mend. there is a path where we can make this work. ingly (at 4 o’clock and 38 minutes I have a picture on my phone of p.m.), under its previous order, the something that looks like a large Mr. Speaker, I yield back the balance House adjourned until tomorrow, kazoo, and here is the final part. You of my time. Thursday, February 7, 2019, at 10 a.m. blow into this, Mr. Speaker, and it is for morning-hour debate. able to tell you if you have a viral in- f f fection—the flu—or a bacterial infec- EXECUTIVE COMMUNICATIONS, tion like a cold. RECESS What would happen if that large ETC. kazoo you could have sitting at home, The SPEAKER pro tempore. Pursu- Under clause 2 of rule XIV, executive you blow into it, it says that you have ant to clause 12(a) of rule I, the Chair communications were taken from the the flu, we are ordering your declares the House in recess subject to Speaker’s table and referred as follows: antivirals, and they are going to be de- the call of the Chair. 82. A letter from the Secretary, Securities livered—let’s say by a drone or an au- and Exchange Commission, transmitting the tonomous vehicle, if we are going to be Accordingly (at 3 o’clock and 50 min- Commission’s final rule — Disclosure of really techno-utopian—and it is deliv- utes p.m.), the House stood in recess. Hedging by Employees, Officers and Direc- ered to your home a couple of hours tors [Release No.: 33-10593; 34-84883; IC-33333; File No.: S7-01-15] (RIN: 3235-AL49) received f later. February 5, 2019, pursuant to 5 U.S.C. How much healthier did our society 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 get? The fact you didn’t go to work and b 1636 Stat. 868); to the Committee on Financial infect everyone; that you were able to Services. deal with this almost immediately; 83. A letter from the Assistant General AFTER RECESS that the time between actually getting Counsel for Legislation, Regulation and En- your pharmaceutical to actually man- ergy Efficiency, Office of Energy Efficiency The recess having expired, the House and Renewable Energy, Department of En- age this infection and the moment you was called to order by the Speaker pro ergy, transmitting the Department’s final were feeling sick it is now hours. tempore (Mr. MCGOVERN) at 4 o’clock rule — Energy Conservation Program: En- How much cost did you just save out and 36 minutes p.m. ergy Conservation Standards for Certain Ex- of the medical system? ternal Power Supplies [EERE-2019-BT-STD-

VerDate Sep 11 2014 02:25 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.059 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE February 6, 2019 CONGRESSIONAL RECORD — HOUSE H1389 0001] (RIN: 1904-AE23) received February 1, 9988-58-Region 6] received February 1, 2019, fect; to the Committee on Energy and Com- 2019, pursuant to 5 U.S.C. 801(a)(1)(A); Public pursuant to 5 U.S.C. 801(a)(1)(A); Public Law merce, and in addition to the Committee on Law 104-121, Sec. 251; (110 Stat. 868); to the 104-121, Sec. 251; (110 Stat. 868); to the Com- Ways and Means, for a period to be subse- Committee on Energy and Commerce. mittee on Energy and Commerce. quently determined by the Speaker, in each 84. A letter from the Director, Regulatory 91. A letter from the Director, Regulatory case for consideration of such provisions as Management Division, Environmental Pro- Management Division, Environmental Pro- fall within the jurisdiction of the committee tection Agency, transmitting the Agency’s tection Agency, transmitting the Agency’s concerned. final rule — National Emission Standards for final rule — Air Plan Approval; Iowa; State By Ms. BLUNT ROCHESTER (for her- Hazardous Air Pollutants: Friction Materials Implementation Plan and Operating Permits self, Ms. CASTOR of Florida, Mrs. Manufacturing Facilities Residual Risk and Program [EPA-R07-OAR-2018-0642; FRL-9988- MCBATH, and Mr. KILDEE): Technology Review [EPA-HQ-OAR-2017-0358; 94-Region 7] received February 1, 2019, pursu- H.R. 987. A bill to amend the Patient Pro- FRL-9988-69-OAR] (RIN: 2060-AT66) received ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- tection and Affordable Care Act to provide February 1, 2019, pursuant to 5 U.S.C. 121, Sec. 251; (110 Stat. 868); to the Committee for Federal Exchange outreach and edu- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 on Energy and Commerce. cational activities; to the Committee on En- Stat. 868); to the Committee on Energy and 92. A letter from the Assistant Director, ergy and Commerce, and in addition to the Commerce. SEMO, Department of Defense, transmitting Committee on the Budget, for a period to be 85. A letter from the Director, Regulatory eight (8) notifications of a federal vacancy, subsequently determined by the Speaker, in Management Division, Environmental Pro- designation of acting officer, and action on each case for consideration of such provi- sions as fall within the jurisdiction of the tection Agency, transmitting the Agency’s nomination, pursuant to 5 U.S.C. 3349(a); committee concerned. final rule — Glycine betaine; Exemption Public Law 105-277, 151(b); (112 Stat. 2681-614); By Mr. POSEY (for himself, Ms. from the Requirement of a Tolerance [EPA- to the Committee on Oversight and Reform. BONAMICI, and Mr. MAST): HQ-OPP-2018-0163; FRL-9987-42] received Feb- 93. A letter from the Senior Procurement ruary 1, 2019, pursuant to 5 U.S.C. H.R. 988. A bill to provide for a study by Executive, Office of Acquisition Policy, Gen- the Ocean Studies Board of the National 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 eral Services Administration, transmitting Stat. 868); to the Committee on Energy and Academies of Science examining the impact the Administration’s summary presentation of ocean acidification and other stressors in Commerce. of a final rule — Federal Acquisition Regula- 86. A letter from the Director, Regulatory estuarine environments; to the Committee tion; Federal Acquisition Circular 2019-01; In- on Science, Space, and Technology, and in Management Division, Environmental Pro- troduction [Docket No.: FAR 2018-0001, Se- tection Agency, transmitting the Agency’s addition to the Committee on Natural Re- quence No.: 6] received January 31, 2019, pur- sources, for a period to be subsequently de- final rule — Approval of Recodification and suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Revisions to State Air Pollution Control termined by the Speaker, in each case for 121, Sec. 251; (110 Stat. 868); to the Committee consideration of such provisions as fall with- Rules; North Dakota; Interim Approval of on Oversight and Reform. Title V Program Recodification and Revi- in the jurisdiction of the committee con- 94. A letter from the Assistant General cerned. sions; Approval of Recodification and Revi- Counsel for Regulatory Affairs, Pension Ben- sions to State Programs and Delegation of By Ms. BONAMICI (for herself, Mr. efit Guaranty Corporation, transmitting the FERGUSON, Mrs. DAVIS of California, Authority to Implement and Enforce Clean Corporation’s final rule — Benefits Payable Air Act Sections 111 and 112 Standards and and Mr. GUTHRIE): in Terminated Single-Employer Plans; Inter- H.R. 989. A bill to promote registered ap- Requirements [EPA-R08-OAR-2018-0299; FRL- est Assumptions for Paying Benefits received prenticeships and other work-based learning 9988-39-Region 8] received February 1, 2019, February 5, 2019, pursuant to 5 U.S.C. programs for small and medium-sized busi- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 nesses within in-demand industry sectors, 104-121, Sec. 251; (110 Stat. 868); to the Com- Stat. 868); to the Committee on Oversight through the establishment and support of in- mittee on Energy and Commerce. and Reform. dustry or sector partnerships; to the Com- 87. A letter from the Director, Regulatory 95. A letter from the Staff Director, Com- mittee on Education and Labor, and in addi- Management Division, Environmental Pro- mission on Civil Rights, transmitting a copy tion to the Committee on the Judiciary, for tection Agency, transmitting the Agency’s of the charter for the U.S. Commission on a period to be subsequently determined by final rule — Approval and Promulgation of Civil Rights state advisory committees pur- the Speaker, in each case for consideration Implementation Plans; North Dakota; Revi- suant to 41 C.F.R. section 102-3.70; to the of such provisions as fall within the jurisdic- sions to Infrastructure Requirements for All Committee on the Judiciary. tion of the committee concerned. National Ambient Air Quality Standards; f By Mr. FLORES: Carbon Monoxide (CO); Lead (Pb); Nitrogen H.R. 990. A bill to amend the Federal Food, Dioxide (NO2); Ozone (O3); Particle Pollution REPORTS OF COMMITTEES ON Drug, and Cosmetic Act and the Securities (PM2.5, PM10); Sulfur Dioxide (SO2); Recodi- PUBLIC BILLS AND RESOLUTIONS Exchange Act of 1934 to prevent the inter fication [EPA-R08-OAR-2018-0616; FRL-9988- partes review process for challenging patents 35-Region 8] received February 1, 2019, pursu- Under clause 2 of rule XIII, reports of from diminishing competition in the phar- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- committees were delivered to the Clerk maceutical industry and with respect to drug 121, Sec. 251; (110 Stat. 868); to the Committee for printing and reference to the proper innovation, and for other purposes; to the on Energy and Commerce. calendar, as follows: Committee on Energy and Commerce, and in 88. A letter from the Director, Regulatory Mr. MORELLE: Committee on Rules. addition to the Committee on Financial Management Division, Environmental Pro- Services, for a period to be subsequently de- tection Agency, transmitting the Agency’s House Resolution 105. Resolution providing for consideration of the bill (H.R. 840) to termined by the Speaker, in each case for final rule — Approval and Promulgation of consideration of such provisions as fall with- Air Quality Implementation Plans; State of amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide in the jurisdiction of the committee con- Colorado; Motor Vehicle Inspection and cerned. Maintenance Program and Associated Revi- child care assistance to veterans receiving certain medical services provided by the De- By Ms. SEWELL of Alabama (for her- sions [EPA-R08-OAR-2018-0530; FRL-9987-96- ENSTRUP, Ms. BASS, Mr. partment of Veterans Affairs; providing for self, Mr. W Region 8] received February 1, 2019, pursuant SCHWEIKERT, Mr. HASTINGS, and Mr. the adoption of the resolution (H. Res. 86) to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, LEWIS): providing amounts for the expenses of the Sec. 251; (110 Stat. 868); to the Committee on H.R. 991. A bill to extend certain provisions Select Committee on the Climate Crisis and Energy and Commerce. of the Caribbean Basin Economic Recovery 89. A letter from the Director, Regulatory the Select Committee on the Modernization Act until September 30, 2030, and for other Management Division, Environmental Pro- of Congress; and providing for consideration purposes; to the Committee on Ways and tection Agency, transmitting the Agency’s of motions to suspend the rules (Rept. 116–6). Means. Referred to the House Calendar. final rule — Approval and Promulgation of By Mr. DEFAZIO (for himself and Mr. Air Quality Implementation Plans; Dela- f HUFFMAN): ware; Interstate Transport Requirements for H.R. 992. A bill to withdraw certain land lo- the 2010 1-Hour Sulfur Dioxide Standard PUBLIC BILLS AND RESOLUTIONS cated in Curry County and Josephine Coun- [EPA-R03-OAR-2013-0492; FRL-9989-03-Region Under clause 2 of rule XII, public ty, Oregon, from all forms of entry, appro- 3] received February 1, 2019, pursuant to 5 bills and resolutions of the following priation, or disposal under the public land U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. titles were introduced and severally re- laws, location, entry, and patent under the 251; (110 Stat. 868); to the Committee on En- mining laws, and operation under the min- ergy and Commerce. ferred, as follows: eral leasing and geothermal leasing laws, 90. A letter from the Director, Regulatory By Ms. KUSTER of New Hampshire (for and for other purposes; to the Committee on Management Division, Environmental Pro- herself, Mr. BEYER, and Mr. COURT- Natural Resources. tection Agency, transmitting the Agency’s NEY): By Mr. DEFAZIO: final rule — Air Plan Approval; Oklahoma; H.R. 986. A bill to provide that certain H.R. 993. A bill to designate the Frank Interstate Transport Requirements for the guidance related to waivers for State innova- Moore Wild Steelhead Sanctuary in the 1997 Ozone National Ambient Air Quality tion under the Patient Protection and Af- State of Oregon; to the Committee on Nat- Standards [EPA-R06-OAR-2007-0314; FRL- fordable Care Act shall have no force or ef- ural Resources.

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By Mr. DEFAZIO (for himself and Mr. H.R. 1002. A bill to amend the Animal Wel- CRELL, and Mr. LARSON of Con- HUFFMAN): fare Act to prohibit the issuance of licenses necticut): H.R. 994. A bill to amend the Wild and Sce- to certain individuals connected to dealers of H.R. 1007. A bill to amend the Internal Rev- nic Rivers Act to make technical corrections dogs who have had licenses revoked, and for enue Code of 1986 to encourage retirement to the segment designations for the Chetco other purposes; to the Committee on Agri- savings, and for other purposes; to the Com- River, Oregon; to the Committee on Natural culture. Resources. By Mrs. LAWRENCE (for herself, Mr. mittee on Ways and Means, and in addition to the Committee on Education and Labor, By Mr. PALMER: COLLINS of Georgia, Ms. WATERS, Mr. H.R. 995. A bill to amend chapter 3 of title COHEN, Mr. SOTO, Mr. HIGGINS of New for a period to be subsequently determined 5, United States Code, to require the publica- York, Mr. SCOTT of Virginia, Mr. by the Speaker, in each case for consider- tion of settlement agreements, and for other MCNERNEY, Ms. KUSTER of New ation of such provisions as fall within the ju- purposes; to the Committee on Oversight and Hampshire, Mr. HORSFORD, Ms. risdiction of the committee concerned. Reform. SPANBERGER, Ms. BLUNT ROCHESTER, By Mr. KIND (for himself, Mrs. By Ms. CLARKE of New York (for her- Mr. LIPINSKI, Mr. SIRES, Mrs. WATSON WALORSKI, Ms. SEWELL of Alabama, self, Mr. GOSAR, Mr. SIMPSON, and COLEMAN, Mr. HASTINGS, Ms. and Mr. LAHOOD): Ms. MENG): WASSERMAN SCHULTZ, Mr. BISHOP of H.R. 996. A bill to amend the Internal Rev- H.R. 1008. A bill to amend section 232 of the Georgia, Mr. MCGOVERN, Mrs. DIN- enue Code of 1986 to exclude from gross in- Trade Expansion Act of 1962 to require the GELL, Mr. ESPAILLAT, Ms. PLASKETT, come certain federally-subsidized loan repay- Secretary of Defense to initiate investiga- Mr. LOWENTHAL, Mrs. HAYES, Mr. ments for dental school faculty; to the Com- tions and to provide for congressional dis- RUPPERSBERGER, Ms. TLAIB, Ms. mittee on Ways and Means, and in addition approval of certain actions, and for other SLOTKIN, Mrs. CAROLYN B. MALONEY to the Committee on Energy and Commerce, purposes; to the Committee on Ways and for a period to be subsequently determined of New York, Ms. OCASIO-CORTEZ, Mr. Means, and in addition to the Committee on by the Speaker, in each case for consider- COLLINS of New York, Mr. PETERSON, Rules, for a period to be subsequently deter- Ms. BASS, Mr. LAWSON of Florida, Mr. ation of such provisions as fall within the ju- mined by the Speaker, in each case for con- EVANS, Mr. COLE, Mr. CARSON of Indi- risdiction of the committee concerned. sideration of such provisions as fall within ana, Mrs. DEMINGS, Mr. MOOLENAAR, By Mr. KING of Iowa (for himself, Mr. the jurisdiction of the committee concerned. Mr. ENGEL, Mr. NADLER, Mr. ALLEN, Mr. MASSIE, Mr. MCCLINTOCK, By Mr. CA´ RDENAS (for himself and CICILLINE, Mr. GRIJALVA, Mr. and Mr. PERRY): Mr. LOWENTHAL): H.R. 997. A bill to declare English as the of- KHANNA, Mr. SCHIFF, Ms. NORTON, Ms. ficial language of the United States, to es- WILSON of Florida, Mr. DAVID SCOTT H.R. 1009. A bill to provide for the study tablish a uniform English language rule for of Georgia, Mr. MEEKS, Mr. SERRANO, and evaluation of net metering, and for other naturalization, and to avoid misconstruc- Mrs. BEATTY, Ms. FUDGE, Mr. GREEN purposes; to the Committee on Energy and tions of the English language texts of the of Texas, Mr. VEASEY, Ms. MOORE, Commerce. laws of the United States, pursuant to Con- and Ms. CLARKE of New York): By Ms. CASTOR of Florida (for herself, gress’ powers to provide for the general wel- H.R. 1003. A bill to posthumously award a Ms. BARRAGA´ N, Mr. HORSFORD, Ms. fare of the United States and to establish a Congressional Gold Medal to Aretha Frank- MOORE, Ms. UNDERWOOD, and Mr. uniform rule of naturalization under article lin in recognition of her contributions of DESAULNIER): outstanding artistic and historical signifi- I, section 8, of the Constitution; to the Com- H.R. 1010. A bill to provide that the rule cance to culture in the United States; to the mittee on Education and Labor, and in addi- entitled ‘‘Short-Term, Limited Duration In- tion to the Committee on the Judiciary, for Committee on Financial Services, and in ad- dition to the Committee on House Adminis- surance’’ shall have no force or effect; to the a period to be subsequently determined by Committee on Energy and Commerce, and in the Speaker, in each case for consideration tration, for a period to be subsequently de- termined by the Speaker, in each case for addition to the Committees on Education of such provisions as fall within the jurisdic- and Labor, and Ways and Means, for a period tion of the committee concerned. consideration of such provisions as fall with- to be subsequently determined by the Speak- By Ms. CHENEY: in the jurisdiction of the committee con- H.R. 998. A bill to amend the Mineral Leas- cerned. er, in each case for consideration of such pro- ing Act to require the Secretary of the Inte- By Mr. CICILLINE (for himself, Mr. visions as fall within the jurisdiction of the rior to convey to a State all right, title, and BLUMENAUER, Ms. CLARKE of New committee concerned. interest in and to a percentage of the York, Ms. DEGETTE, Mr. ESPAILLAT, By Mr. ESPAILLAT (for himself, Ms. amount of royalties and other amounts re- Ms. GABBARD, Mr. JONES, Ms. BONAMICI, Mr. SERRANO, Ms. quired to be paid to the State under that Act HAALAND, Mr. KHANNA, Ms. LEE of JAYAPAL, Mr. GARCI´A of Illinois, and with respect to public land and deposits in California, Mr. LEVIN of Michigan, Mr. BEYER): the State, and for other purposes; to the Mr. TED LIEU of California, Mr. H.R. 1011. A bill to amend section 287 of the Committee on Natural Resources. LOWENTHAL, Ms. MCCOLLUM, Mr. Immigration and Nationality Act to limit By Mr. DEFAZIO: MCGOVERN, Ms. MOORE, Mr. immigration enforcement actions at sen- H.R. 999. A bill to provide for the designa- MOULTON, Ms. NORTON, Ms. OCASIO- sitive locations, to clarify the powers of im- tion of the Devil’s Staircase Wilderness Area CORTEZ, Ms. OMAR, Mr. POCAN, Mr. migration officers at sensitive locations, and in the State of Oregon, to designate seg- SERRANO, Mr. RASKIN, Ms. for other purposes; to the Committee on the ´ ments of Wasson and Franklin Creeks in the VELAZQUEZ, and Mr. WELCH): Judiciary. State of Oregon as wild or recreation rivers, H.R. 1004. A bill to prohibit the introduc- By Mr. ESPAILLAT (for himself, Ms. and for other purposes; to the Committee on tion of United States Armed Forces into hos- BONAMICI, Mr. SERRANO, Ms. Natural Resources. tilities with respect to Venezuela, and for JAYAPAL, Mr. GARCI´A of Illinois, and By Ms. WILSON of Florida: other purposes; to the Committee on Armed H.R. 1000. A bill to establish a National Services, and in addition to the Committee Mr. BEYER): Full Employment Trust Fund to create em- on Foreign Affairs, for a period to be subse- H.R. 1012. A bill to reunite families sepa- ployment opportunities for the unemployed, quently determined by the Speaker, in each rated at or near ports of entry, and for other and for other purposes; to the Committee on case for consideration of such provisions as purposes; to the Committee on the Judici- Education and Labor, and in addition to the fall within the jurisdiction of the committee ary. Committee on Ways and Means, for a period concerned. By Mr. ESPAILLAT (for himself, Ms. to be subsequently determined by the Speak- By Mr. CASTRO of Texas (for himself, BONAMICI, Mr. SERRANO, Ms. er, in each case for consideration of such pro- Mr. STAUBER, Mr. RUIZ, and Mr. JAYAPAL, Mr. GARCI´A of Illinois, and visions as fall within the jurisdiction of the CISNEROS): Mr. BEYER): committee concerned. H.R. 1005. A bill to direct the Secretary of H.R. 1013. A bill to require agents and offi- By Mr. CASTRO of Texas (for himself, Veterans Affairs to amend the schedule for cers of U.S. Immigration and Customs En- Mrs. WALORSKI, Ms. GABBARD, Mr. rating disabilities to add a diagnostic code forcement and U.S. Customs and Border Pro- RUIZ, Mr. WELCH, Mr. THOMPSON of and evaluation criteria for obliterative California, and Ms. NORTON): bronchiolitis, and for other purposes; to the tection to wear body cameras, and for other H.R. 1001. A bill to direct the Secretary of Committee on Veterans’ Affairs. purposes; to the Committee on Homeland Se- Veterans Affairs to provide a process by By Mr. LATTA: curity, and in addition to the Committees on which a family member of a deceased indi- H.R. 1006. A bill to amend title I of the the Judiciary, and Ways and Means, for a pe- vidual who is eligible for the Department of Communications Act of 1934 to provide for riod to be subsequently determined by the Veterans Affairs burn pit registry may reg- internet openness, and for other purposes; to Speaker, in each case for consideration of ister for such registry on behalf of the de- the Committee on Energy and Commerce. such provisions as fall within the jurisdic- ceased individual; to the Committee on Vet- By Mr. KIND (for himself, Mr. KELLY of tion of the committee concerned. erans’ Affairs. Pennsylvania, Mr. BLUMENAUER, Ms. By Miss GONZA´ LEZ-COLO´ N of Puerto By Mr. FITZPATRICK (for himself, Mr. SA´ NCHEZ, Mr. BEYER, Ms. JUDY CHU of Rico (for herself, Mr. SABLAN, Mrs. CRIST, Mr. THOMPSON of Pennsyl- California, Mr. HIGGINS of New York, RADEWAGEN, Mr. SOTO, and Ms. vania, and Mr. MCGOVERN): Mr. HOLDING, Mr. KILDEE, Mr. PAS- PLASKETT):

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H.R. 1014. A bill to amend the Outer Conti- STAUBER, Ms. SLOTKIN, Mr. GONZALEZ H.R. 1030. A bill to amend title 38, United nental Shelf Lands Act to apply to terri- of Ohio, and Mr. KELLY of Pennsyl- States Code, to amend the definition of the tories of the United States, to establish off- vania): term ‘‘spouse’’ to recognize new State defini- shore wind lease sale requirements, to pro- H.R. 1023. A bill to authorize the Director tions of such term for the purpose of the laws vide dedicated funding for coral reef con- of the United States Geological Survey to administered by the Secretary of Veterans servation, and for other purposes; to the conduct monitoring, assessment, science, Affairs, and for other purposes; to the Com- Committee on Natural Resources. and research, in support of the binational mittee on Veterans’ Affairs. By Ms. HILL of California (for herself fisheries within the Great Lakes Basin, and By Mr. VARGAS (for himself and Mr. for other purposes; to the Committee on Nat- and Ms. BROWNLEY of California): COOK): H.R. 1015. A bill to provide for the estab- ural Resources. lishment of a national memorial and na- By Mr. AUSTIN SCOTT of Georgia (for H.R. 1031. A bill to take certain land lo- tional monument to commemorate those himself, Ms. FRANKEL, Mr. WITTMAN, cated in San Diego County, California, into killed by the collapse of the Saint Francis and Mr. CRIST): trust for the benefit of the Pala Band of Mis- Dam on March 12, 1928, and for other pur- H.R. 1024. A bill to require the Adminis- sion Indians, and for other purposes; to the poses; to the Committee on Natural Re- trator of the Environmental Protection Committee on Natural Resources. sources. Agency to revise labeling requirements for By Ms. CASTOR of Florida (for herself, By Mr. HORSFORD (for himself and fuel pumps that dispense E15, and for other Ms. BARRAGA´ N, Ms. UNDERWOOD, Mr. Mr. CASTEN of Illinois): purposes; to the Committee on Energy and DESAULNIER, Ms. MOORE, and Mr. H.R. 1016. A bill to amend title 31, United Commerce. HORSFORD): By Mr. SHERMAN (for himself, Mr. States Code, to reimburse employees of the H.J. Res. 43. A joint resolution providing YOHO, Mr. CONNOLLY, Mrs. WAGNER, Federal Government and the District of Co- for congressional disapproval under chapter 8 Mr. MCGOVERN, Mr. WITTMAN, Mr. lumbia, Federal contractors, and the States of title 5, United States Code, of the final HASTINGS, Mr. COHEN, Mr. LYNCH, and for certain costs incurred as a result of a rule of the Department of the Treasury, the Government shutdown, and for other pur- Ms. WEXTON): H.R. 1025. A bill to counter the mass arbi- Department of Labor, and the Department of poses; to the Committee on Oversight and Health and Human Services relating to Reform. trary detention of Turkic Muslims, including Uighurs, within the Xinjiang Uighur Autono- ‘‘Short-Term, Limited-Duration Insurance’’; By Mr. KELLY of Mississippi: to the Committee on Energy and Commerce, H.R. 1017. A bill to amend title 10, United mous Region of the People’s Republic of and in addition to the Committees on Edu- States Code, to authorize the Secretary of , and for other purposes; to the Com- Defense to provide space-available travel on mittee on Foreign Affairs, and in addition to cation and Labor, and Ways and Means, for a aircraft of the Department of Defense to the Committees on Oversight and Reform, period to be subsequently determined by the and the Judiciary, for a period to be subse- children, surviving spouses, and siblings of Speaker, in each case for consideration of quently determined by the Speaker, in each members of the Armed Forces who die while such provisions as fall within the jurisdic- case for consideration of such provisions as serving in the active military, naval, or air tion of the committee concerned. fall within the jurisdiction of the committee service; to the Committee on Armed Serv- By Mr. SCALISE: concerned. ices. By Mr. SIMPSON (for himself and Mr. H. Res. 102. A resolution providing for the By Mr. MEEKS (for himself and Ms. KILMER): consideration of the bill (H.R. 962) to amend ADAMS): H.R. 1026. A bill to provide for consistent title 18, United States Code, to prohibit a H.R. 1018. A bill to amend the Securities and reliable authority and funding to meet health care practitioner from failing to exer- Exchange Act of 1934 to require the submis- conservation and deferred maintenance cise the proper degree of care in the case of sion by issuers of data relating to diversity needs affecting lands under the administra- a child who survives an abortion or at- and for other purposes; to the Committee on tive jurisdiction of the Department of the In- tempted abortion; to the Committee on Financial Services. terior and the Department of Agriculture, Rules. By Mr. PANETTA (for himself, Mr. and for other purposes; to the Committee on By Ms. CHENEY: TAYLOR, Mr. CRENSHAW, and Mrs. Natural Resources, and in addition to the H. Res. 103. A resolution electing Members LURIA): Committee on the Budget, for a period to be to a certain standing committee of the H.R. 1019. A bill to amend title 10, United subsequently determined by the Speaker, in House of Representatives; considered and States Code, to require a full military honors each case for consideration of such provi- agreed to. ceremony for certain deceased veterans, and sions as fall within the jurisdiction of the By Mr. O’HALLERAN (for himself, Mr. for other purposes; to the Committee on committee concerned. COLE, Mr. YOUNG, and Ms. TORRES Armed Services. By Mr. SMITH of Missouri (for himself SMALL of New Mexico): By Mr. POSEY: and Mr. GOHMERT): H.R. 1020. A bill to amend the Ethics in H.R. 1027. A bill to amend the Internal Rev- H. Res. 104. A resolution expressing support Government Act of 1978 to require Members enue Code of 1986 to terminate the credit for for designation of the week beginning Feb- of Congress to disclose business ties with for- new qualified plug-in electric drive motor ve- ruary 3, 2019, as ‘‘National Tribal Colleges eign entities, and for other purposes; to the hicles and to provide for a Federal Highway and Universities Week’’; to the Committee Committee on House Administration. user fee on alternative fuel vehicles; to the on Oversight and Reform. By Mr. POSEY: Committee on Ways and Means. By Ms. FRANKEL (for herself and Mr. H.R. 1021. A bill to amend title 18, United By Ms. SPEIER: PERRY): States Code, to establish a uniform 5-year H.R. 1028. A bill to reform certain ethics post-employment ban on all lobbying by rules of the Federal Government, and for H. Res. 106. A resolution denouncing fe- former Members of Congress, to establish a other purposes; to the Committee on Over- male genital mutilation/cutting as a viola- uniform 2-year post-employment ban on all sight and Reform, and in addition to the tion of the human rights of women and girls lobbying by former officers and employees of Committees on House Administration, and and urging the international community and Congress, to lower the income threshold for Ways and Means, for a period to be subse- the Federal Government to increase efforts applying such ban to former officers and em- quently determined by the Speaker, in each to eliminate the harmful practice; to the ployees of Congress, and for other purposes; case for consideration of such provisions as Committee on Foreign Affairs. to the Committee on the Judiciary. fall within the jurisdiction of the committee By Mr. KELLY of Mississippi: By Mr. POSEY: concerned. H. Res. 107. A resolution establishing the H.R. 1022. A bill to provide that a former By Mr. TIPTON (for himself and Mr. Congressional Gold Star Family Fellowship Member of Congress or former senior Con- PERLMUTTER): Program for the placement in offices of gressional employee who receives compensa- H.R. 1029. A bill to direct the Adminis- Members of the House of Representatives of tion as a lobbyist representing a foreign trator of the National Aeronautics and Space children, spouses, and siblings of members of principal shall not be eligible for retirement Administration to submit to Congress a re- the Armed Forces who are hostile casualties benefits or certain other Federal benefits; to port on the merits of, and options for, estab- or who have died from a training-related in- the Committee on House Administration, lishing an institute relating to space re- jury; to the Committee on House Adminis- and in addition to the Committee on Over- sources, and for other purposes; to the Com- tration. sight and Reform, for a period to be subse- mittee on Science, Space, and Technology. By Mr. POSEY (for himself and Mr. quently determined by the Speaker, in each By Ms. TITUS (for herself, Mrs. DIN- BISHOP of Georgia): case for consideration of such provisions as GELL, Mr. FITZPATRICK, Ms. GABBARD, fall within the jurisdiction of the committee Mr. GRIJALVA, Ms. HAALAND, Mr. HIG- H. Res. 108. A resolution expressing support concerned. GINS of New York, Ms. KELLY of Illi- for the designation of July 12 as Collector By Mr. QUIGLEY (for himself, Mr. nois, Mr. LOWENTHAL, Ms. MCCOLLUM, Car Appreciation Day and recognizing that UPTON, Mrs. DINGELL, Mr. HIGGINS of Mr. MCGOVERN, Ms. NORTON, Mr. the collection and restoration of historic and New York, Ms. SCHAKOWSKY, Mr. KIL- PETERS, Ms. PINGREE, Mr. RUSH, Ms. classic cars is an important part of pre- DEE, Mr. HUIZENGA, Mr. JOYCE of SCHAKOWSKY, Mr. SUOZZI, Mrs. WAT- serving the technological achievements and Ohio, Mr. MITCHELL, Mr. COLLINS of SON COLEMAN, and Ms. WILSON of cultural heritage of the United States; to the New York, Mr. BERGMAN, Mr. Florida): Committee on Oversight and Reform.

VerDate Sep 11 2014 02:25 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\L06FE7.100 H06FEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H1392 CONGRESSIONAL RECORD — HOUSE February 6, 2019 CONSTITUTIONAL AUTHORITY proper for carrying out the powers vested in Article I, Section 8 STATEMENT Congress) By Mr. CASTRO of Texas: By Mr. PALMER: H.R. 1005. Pursuant to clause 7 of rule XII of H.R. 995. Congress has the power to enact this legis- the Rules of the House of Representa- Congress has the power to enact this legis- lation pursuant to the following: tives, the following statements are sub- lation pursuant to the following: Constitutional Authority—Necessary and mitted regarding the specific powers The Congress shall have Power to make all Proper Clause (Art. I, Sec. 8, Clause 18) granted to Congress in the Constitu- Laws which shall be necessary and proper for THE U.S. CONSTITUTION ARTICLE I, SECTION 8: POWERS OF tion to enact the accompanying bill or carrying into Execution the foregoing Pow- ers, and all other Powers vested by this Con- CONGRESS joint resolution. stitution in the Government of the United CLAUSE 18 By Ms. KUSTER of New Hampshire: States, or in any Department or Officer The Congress shall have power . . . To H.R. 986. thereof. make all laws which shall be necessary and Congress has the power to enact this legis- By Ms. CLARKE of New York: proper for carrying into execution the fore- lation pursuant to the following: H.R. 996. going powers, and all other powers vested by Article 1, Section 8, Clause 18 Congress has the power to enact this legis- this Constitution in the government of the By Ms. BLUNT ROCHESTER: lation pursuant to the following: United States, or in any department or offi- H.R. 987. the power granted to Congress under Arti- cer thereof. Congress has the power to enact this legis- cle I of the United States Constitution and it By Mr. LATTA: lation pursuant to the following: subsequent amendments, and further clari- H.R. 1006. Article 1, Section 8, Clause 3 of the U.S. fied and interpreted by the Supreme Court of Congress has the power to enact this legis- Constitution: the United States. lation pursuant to the following: The Congress shall have power to lay and By Mr. KING of Iowa: Article I, Section 8, Clause 3: Congress collect taxes, duties, imposts and excises, to H.R. 997. shall have the Power . . . ‘‘to regulate Com- pay the debts and provide for the common Congress has the power to enact this legis- merce with foreign Nations, and among the defense and general welfare of the United lation pursuant to the following: several States, and with the Indian tribes.’’ States; but all duties, imposts and excises Article I, Section 8, Clause 4 of the Con- By Mr. KIND: shall be uniform throughout the United stitution. H.R. 1007. States; By Ms. CHENEY: Congress has the power to enact this legis- To make all laws which shall be necessary H.R. 998. lation pursuant to the following: and proper for carrying into execution the Congress has the power to enact this legis- Article I Section 8 of the United States foregoing powers, and all other powers vest- lation pursuant to the following: Constitution. ed by this Constitution in the government of Article 4, Section 3: The Congress shall By Mr. KIND: the United States, or in any department or have power to dispose of and make all need- H.R. 1008. Congress has the power to enact this legis- officer thereof. ful rules and regulations respecting the ter- lation pursuant to the following: By Mr. POSEY: ritory or property belonging to the United Article I, Section 8, Clause 3—‘‘the United H.R. 988. States. States Congress shall have power ‘‘To regu- Congress has the power to enact this legis- By Mr. DEFAZIO: late Commerce with foreign Nations’’ lation pursuant to the following: H.R. 999. By Mr. CARDENAS: Article 1, Section 8. Congress has the power to enact this legis- H.R. 1009. By Ms. BONAMICI: lation pursuant to the following: Congress has the power to enact this legis- H.R. 989. Article I, Section 8, Clause 18 (relating to lation pursuant to the following: Congress has the power to enact this legis- the power to make all laws necessary and lation pursuant to the following: Aritcle 1, Section 1. proper for carrying out the powers vested in All legislative powers herein granted shall Article I, Section 8 Congress) be vested in a Congress of the United States, By Mr. FLORES: By Ms. WILSON of Florida: H.R. 990. which shall consist of a Senate and House of H.R. 1000. Representatives. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: By Ms. CASTOR of Florida: lation pursuant to the following: H.R. 1010. Article 1, Section 8, Clause 3 of the United Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- States Constitution. The Congress shall have tion lation pursuant to the following: power to regulate commerce with foreign na- By Mr. CASTRO of Texas: Article I Section 8 of the U.S. Constitution tions, and among the several states, and with H.R. 1001. By Mr. ESPAILLAT: the Indian tribes. Congress has the power to enact this legis- H.R. 1011. Article I, Section 8, Clause 8, of the United lation pursuant to the following: Congress has the power to enact this legis- States Constitution. The Congress shall have Constitutional Authority—Necessary and lation pursuant to the following: power to promote the progress of science and Proper Clause (Art. I, Sec. 8, Clause 18) Article I, Section 8, Clause 4: ‘‘The Con- useful arts, by securing for limited times to THE U.S. CONSTITUTION gress shall have Power [. . .] To establish a authors and inventors the exclusive right to ARTICLE I, SECTION 8: POWERS OF uniform Rule of Naturalization . . .’’ their respective writings and discoveries. CONGRESS By Mr. ESPAILLAT: By Ms. SEWELL of Alabama: CLAUSE 18 H.R. 1012. H.R. 991. The Congress shall have power . . . To Congress has the power to enact this legis- Congress has the power to enact this legis- make all laws which shall be necessary and lation pursuant to the following: lation pursuant to the following: proper for carrying into execution the fore- Article I, Section 8, Clause 4: ‘‘The Con- Article 1, Section 8 of the U.S. Constitu- going powers, and all other powers vested by gress shall have Power [. . .] To establish a tion. this Constitution in the government of the uniform Rule of Naturalization . . .’’ By Mr. DEFAZIO: United States, or in any department or offi- By Mr. ESPAILLAT: H.R. 992. cer thereof. H.R. 1013. Congress has the power to enact this legis- By Mr. FITZPATRICK: Congress has the power to enact this legis- lation pursuant to the following: H.R. 1002. lation pursuant to the following: Article I, Section 8, Clause 18 (relating to Congress has the power to enact this legis- Article I, Section 8 the power to make all laws necessary and lation pursuant to the following: By Miss GONZ´ ALEZ-COL´ ON of Puerto proper for carrying out the powers vested in Article 1, Section 8, Clause 1 Rico: Congress) By Mrs. LAWRENCE: H.R. 1014. By Mr. DEFAZIO: H.R. 1003. Congress has the power to enact this legis- H.R. 993. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article 1, Section 1 of the U.S. Constitu- lation pursuant to the following: Article 1, Section 8, Clause 18: tion Article I, Section 8, Clause 18 (relating to To make all Laws which shall be necessary ‘‘All legislative Powers herein granted the power to make all laws necessary and and proper for carrying into Execution the shall be vested in a Congress of the United proper for carrying out the powers vested in foregoing Powers, and all other Powers vest- States, which shall consist of a Senate and Congress) ed by the Constitution in the Government of House of Representatives.’’ By Mr. DEFAZIO: the United States, or in any Department or Article IV, Section 3, Clause 2 of the U.S. H.R. 994. Officer thereof. Constitution Congress has the power to enact this legis- By Mr. CICILLINE: ‘‘The Congress shall have Power to dispose lation pursuant to the following: H.R. 1004. of and make all needful Rules and Regula- Article I, Section 8, Clause 18 (relating to Congress has the power to enact this legis- tions respecting the Territory or other Prop- the power to make all laws necessary and lation pursuant to the following: erty belonging to the United States; and

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nothing in this Constitution shall be so con- of the United States) and clause 18 (relating H.R. 125: Mr. BROWN of Maryland. strued as to Prejudice any Claims of the to the power to make all laws necessary and H.R. 141: Mr. BISHOP of Georgia. United States, or of any particular State.’’ proper for carrying out the powers vested in H.R. 230: Mr. MCGOVERN and Mr. HUFFMAN. By Ms. HILL of California: Congress), and Article IV, section 3, clause 2 H.R. 236: Mr. KEVIN HERN of Oklahoma. H.R. 1015. (relating to the power of Congress to dispose H.R. 303: Mr. MASSIE, Mr. LYNCH, Mr. Congress has the power to enact this legis- of and make all needful rules and regulations BYRNE, Mr. THOMPSON of Pennsylvania, Mr. lation pursuant to the following: respecting the territory or other property KING of New York, and Mr. WELCH. Article I, Section 8 belonging to the United States).’’ H.R. 309: Mr. PETERS, Mr. SCHIFF, and Mr. By Mr. HORSFORD: By Mr. SMITH of Missouri: MCGOVERN. H.R. 1016. H.R. 1027. H.R. 357: Ms. LOFGREN. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 372: Ms. WILSON of Florida and Ms. lation pursuant to the following: lation pursuant to the following: FUDGE. Article IV, Section 3, Clause 2 Article 1, Section 8, Clause 1 of the United H.R. 397: Ms. BROWNLEY of California, Mr. By Mr. KELLY of Mississippi: States Constitution. KHANNA, Ms. WILSON of Florida, Mr. HAS- H.R. 1017. By Ms. SPEIER: TINGS, Mr. LOEBSACK, Mrs. BEATTY, Ms. PIN- Congress has the power to enact this legis- H.R. 1028. GREE, Mr. SIRES, Mr. STAUBER, Mr. HIGGINS lation pursuant to the following: Congress has the power to enact this legis- of New York, Ms. SEWELL of Alabama, Mr. Article I, Section 8, clause 14 provides Con- lation pursuant to the following: LAMB, Ms. VELA´ ZQUEZ, Miss RICE of New gress with the power to make rules for the This bill is enacted pursuant to the power York, Mrs. BUSTOS, Mr. COHEN, Mr. government and regulation of the land and granted to Congress under Article 1, Section ESPAILLAT, Mr. LIPINSKI, Mr. SABLAN, and naval forces. 8 of the United States Constitution. Mr. KILDEE. By Mr. MEEKS: By Mr. TIPTON: H.R. 415: Mr. NADLER, Ms. CLARKE of New H.R. 1018. H.R. 1029. York, and Mr. ESPAILLAT. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 444: Mr. KIND and Ms. PINGREE. lation pursuant to the following: lation pursuant to the following: H.R. 445: Ms. WILSON of Florida and Mr. Article 1, Commerce Clause Article I, Section 8, Clause 3: GALLEGO. By Mr. PANETTA: The Congress shall have power to regulate H.R. 446: Mr. DEFAZIO and Mr. COOK. H.R. 1019. commerce with foreign nations, and among H.R. 450: Mr. SCHNEIDER, Ms. SEWELL of Congress has the power to enact this legis- the several states, and with Indian tribes. Alabama, Mrs. LESKO, Mr. LUETKEMEYER, lation pursuant to the following: and Ms. TORRES SMALL of New Mexico, and Mr. Article I, Section 8, clause 18 Article I, Section 8, Clause 18: RASKIN. By Mr. POSEY: The Congress shall have power to make all H.R. 473: Ms. JOHNSON of Texas. H.R. 485: Mr. WESTERMAN. H.R. 1020. Laws which shall be necessary and proper for H.R. 490: Mr. BROOKS of Alabama. Congress has the power to enact this legis- carrying into Execution the foregoing Pow- H.R. 500: Mr. GIANFORTE, Mr. OLSON, Mr. lation pursuant to the following: ers, and all other Powers vested by this Con- HUIZENGA, Mr. KILDEE, Mrs. DAVIS of Cali- Article 1, Section 8, Clause 18 of the United stitution in the Government of the United fornia, and Mr. MEADOWS. States Constitution, which grants Congress States, or in any Department of Officer H.R. 507: Mr. CICILLINE and Mr. HUDSON. the authority ‘‘To make all Laws, and all thereof. H.R. 510: Mr. HURD of Texas, Mr. PRICE of other Powers vested by this Constitution in By Ms. TITUS: North Carolina, Mr. GIANFORTE, Mr. JOHNSON the Government of the United States, or in H.R. 1030. of South Dakota, Mr. BRINDISI, Ms. SEWELL any Department or Officer thereof’’ Congress has the power to enact this legis- of Alabama, Mr. SCHRADER, Mr. SMITH of By Mr. POSEY: lation pursuant to the following: Washington, and Mr. REED. H.R. 1021. Article I, Section 8 of the United States H.R. 511: Mr. CASTEN of Illinois and Mr. Congress has the power to enact this legis- Constitution, specifically Clause 1 (relating ROUDA. lation pursuant to the following: to providing for the common defense and H.R. 530: Mr. GRIJALVA. Article 1, Section 8, Clause 18 of the United general welfare of the United States) and H.R. 535: Ms. LOFGREN. States Constitution, which grants Congress Section 5 of Amendment XIV to the Con- H.R. 543: Mr. ROUDA. the authority ‘‘To make all Laws, and all stitution. H.R. 549: Mr. CRIST, Mr. ENGEL, and Mr. other Powers vested by this Constitution in By Mr. VARGAS: BRENDAN F. BOYLE of Pennsylvania. the Government of the United States, or in H.R. 1031. H.R. 550: Mr. KING of New York. any Department or Officer thereof’’ Congress has the power to enact this legis- H.R. 553: Mr. TAKANO, Mr. GALLEGO, and By Mr. POSEY: lation pursuant to the following: Mr. MITCHELL. H.R. 1022. (1) To regulate Commerce with foreign Na- H.R. 575: Mr. POSEY and Mr. LUETKEMEYER. Congress has the power to enact this legis- tions, and among the several States, and H.R. 587: Mr. GIBBS, Mr. MCADAMS, Mr. lation pursuant to the following: with the Indian Tribes, as enumerated in Ar- GRAVES of Louisiana, Mr. SCHRADER, and Mr. Article 1, Section 8, Clause 18 of the United ticle I, Section 8, Clause 3 of the U.S. Con- LATTA. States Constitution, which grants Congress stitution; and H.R. 590: Mr. SHERMAN. the authority ‘‘To make all Laws, and all (2) To make all laws which shall be nec- H.R. 592: Mr. DESAULNIER, Ms. WILD, Mr. other Powers vested by this Constitution in essary and proper for carrying into execution ROSE of New York, Mr. GROTHMAN, Ms. JACK- the Government of the United States, or in the foregoing powers, and all other powers SON LEE, and Mr. TED LIEU of California. any Department or Officer thereof’’ vested by this Constitution in the govern- H.R. 597: Mrs. MURPHY and Mr. HUFFMAN. By Mr. QUIGLEY: ment of the United States, or in any depart- H.R. 613: Mr. RYAN, Mr. CARTER of Georgia, H.R. 1023. ment or officer thereof, as enumerated in Ar- Mr. TONKO, Mr. KIND, and Mr. LUCAS. Congress has the power to enact this legis- ticle I, Section 8, Clause 18 of the U.S. Con- H.R. 639: Mr. CONNOLLY. lation pursuant to the following: stitution. H.R. 647: Ms. BONAMICI, Mr. MCGOVERN, Mr. Article 1, Section 8, Clause 3 of the U.S. By Ms. CASTOR of Florida: LARSEN of Washington, Mr. PETERSON, Mr. Constitution H.J. Res. 43. DAVID P. ROE of Tennessee, and Mr. CUM- By Mr. AUSTIN SCOTT of Georgia: Congress has the power to enact this legis- MINGS. H.R. 1024. lation pursuant to the following: H.R. 658: Mr. MCGOVERN. Congress has the power to enact this legis- Article I Section 8 of the U.S. Constitution H.R. 665: Mr. CLAY, Mr. HECK, and Ms. NOR- lation pursuant to the following: f TON. Article 1, Section 8 of the United States H.R. 666: Ms. JACKSON LEE. Constitution ADDITIONAL SPONSORS H.R. 671: Mr. CLOUD. By Mr. SHERMAN: Under clause 7 of rule XII, sponsors H.R. 689: Ms. PINGREE, Mr. CARTWRIGHT, H.R. 1025. Mr. SUOZZI, Mr. QUIGLEY, Mr. SCHIFF, Mr. Congress has the power to enact this legis- were added to public bills and resolu- DEUTCH, Mr. CICILLINE, Mr. LANGEVIN, Ms. lation pursuant to the following: tions, as follows: NORTON, Mr. BRENDAN F. BOYLE of Pennsyl- Article I, Section 8, Clause 18 of the Con- H.R. 8: Mr. SCHRADER. vania, Mr. AGUILAR, Mr. BLUMENAUER, Ms. stitution H.R. 20: Mr. JOHNSON of Ohio and Mr. HOLD- BONAMICI, Mr. SMITH of Washington, Mr. By Mr. SIMPSON: ING. CA´ RDENAS, Ms. TITUS, and Mr. MCNERNEY. H.R. 1026. H.R. 38: Mr. SCALISE. H.R. 692: Mr. HUIZENGA, Mr. JOHNSON of Congress has the power to enact this legis- H.R. 66: Mr. ROUDA and Mr. KINZINGER. Ohio, Mr. KELLY of Pennsylvania, Mr. lation pursuant to the following: H.R. 74: Mr. HICE of Georgia. LATTA, Mr. STIVERS, and Mr. DIAZ-BALART. ‘‘The constitutional authority of Congress H.R. 93: Mr. BEYER and Ms. MOORE. H.R. 693: Mr. NORCROSS, Mr. SUOZZI, Mr. to enact legislation is provided by Article I, H.R. 94: Mr. THOMPSON of California, Mr. WEBER of Texas, Ms. KELLY of Illinois, Mr. Section 8 of the United States Constitution, DESAULNIER, and Mr. QUIGLEY. SMITH of Washington, Ms. SPEIER, Mr. specifically clause 1 (relating to the power of H.R. 96: Ms. GABBARD, Ms. WILSON of Flor- CA´ RDENAS, Mr. KING of New York, Mr. BUDD, Congress to provide for the general welfare ida, Mr. CISNEROS, and Mr. ROUDA. and Mr. BUCK.

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H.R. 708: Mr. HICE of Georgia and Mr. H.R. 954: Mr. COLE and Ms. BONAMICI. H. Res. 98: Ms. SA´ NCHEZ, Ms. ROYBAL- LUETKEMEYER. H.R. 956: Mr. LUETKEMEYER. ALLARD, Mr. GARCI´A of Illinois, Ms. WEXTON, H.R. 712: Mrs. LURIA, Mr. SOTO, Mrs. WAT- H.R. 962: Mr. JOHNSON of South Dakota, and Mr. HUFFMAN. SON COLEMAN, Mr. ESPAILLAT, and Mr. Mr. BUCSHON, Mr. KEVIN HERN of Oklahoma, f QUIGLEY. Mr. ARRINGTON, Mr. SMITH of Missouri, Mr. H.R. 759: Mr. GOODEN. CONAWAY, Mr. WILLIAMS, Mr. KUSTOFF of CONGRESSIONAL EARMARKS, LIM- H.R. 762: Ms. NORTON. Tennessee, Mr. HAGEDORN, Mr. ARMSTRONG, H.R. 788: Mr. LAMALFA. Mr. BURCHETT, Mr. THOMPSON of Pennsyl- ITED TAX BENEFITS, OR LIM- H.R. 804: Mr. DESAULNIER and Ms. KUSTER vania, Mr. WILSON of South Carolina, Mr. ITED TARIFF BENEFITS of New Hampshire. BRADY, Mr. HARDER of California, Mr. HUD- Under clause 9 of rule XXI, lists or H.R. 831: Mr. ROUDA. SON, Mr. BURGESS, Ms. STEFANIK, Mr. H.R. 838: Mr. WEBER of Texas, Mr. LIPINSKI, statements on congressional earmarks, LUETKEMEYER, Mr. GOHMERT, Mr. ROGERS of limited tax benefits, or limited tariff and Mr. WENSTRUP. Alabama, Mr. RICE of South Carolina, Mr. H.R. 840: Mr. ROSE of New York, Mr. VELA, CALVERT, Mr. BUDD, Mr. PENCE, Mr. BROOKS benefits were submitted as follows: Mr. RASKIN, Ms. MOORE, Mr. COURTNEY, Mr. of Alabama, Ms. GRANGER, Mr. MCCLINTOCK, OFFERED BY MR. TAKANO VAN DREW, Mr. MALINOWSKI, Ms. KUSTER of Mr. WESTERMAN, Mr. BYRNE, Mr. GROTHMAN, The provisions that warranted a referral to New Hampshire, Ms. JACKSON LEE, Ms. Mr. BALDERSON, Mr. HURD of Texas, Mr. HOULAHAN, Mr. CISNEROS, Mr. CARBAJAL, and the Committee on Veterans Affairs in H.R. ESTES, Mr. HIGGINS of Louisiana, and Mr. 840 do not contain any congressional ear- Mr. KILMER. NEWHOUSE. H.R. 848: Mr. NORMAN and Mrs. LESKO. marks, limited tax benefits, or limited tariff H.R. 979: Mr. GROTHMAN and Mr. LAMBORN. H.R. 850: Mr. JOHNSON of South Dakota, benefits as defined in clause 9 of Rule XXI. H.J. Res. 4: Mr. BROOKS of Alabama. Mr. JOHNSON of Louisiana, Mr. BIGGS, and OFFERED BY MR. TAKANO H.J. Res. 35: Ms. WATERS, Mr. CASTEN of Il- Mr. BERGMAN. linois, Mr. BROWN of Maryland, Ms. SHALALA, The provisions that warranted a referral to H.R. 863: Ms. CLARKE of New York. Mr. TONKO, Mr. DANNY K. DAVIS of Illinois, the Committee on Veterans Affairs in H.R. H.R. 866: Mr. ROUDA. Mr. MORELLE, Mr. CLEAVER, Mr. 840 do not contain any congressional ear- H.R. 872: Miss GONZA´ LEZ-COLO´ N of Puerto GOTTHEIMER, and Mr. PHILLIPS. marks, limited tax benefits, or limited tariff Rico, Ms. WILD, Mr. TED LIEU of California, H.J. Res. 37: Ms. TITUS, Mr. CONNOLLY, and benefits as defined in clause 9 of Rule XXI. Ms. MUCARSEL-POWELL, Mr. BRENDAN F. Mr. QUIGLEY. The amendment to be offered by Rep- BOYLE of Pennsylvania, Ms. KUSTER of New H.J. Res. 38: Mr. MORELLE. resentative BRINDISI or a designee to H.R. 840 Hampshire, Mr. KING of New York, and Mr. H. Con. Res. 5: Mr. CARSON of Indiana and the Veterans’ Access to Child Care Act, does QUIGLEY. not contain any congressional earmarks, H.R. 876: Mr. ROUDA. Ms. JACKSON LEE. limited tax benefits, or limited tariff bene- H.R. 877: Mr. WALBERG and Mr. LATTA. H. Res. 33: Mr. GOTTHEIMER, Ms. JACKSON fits as defined in clause 9 of Rule XXI. H.R. 879: Ms. MOORE, Mrs. NAPOLITANO, and LEE, and Mr. HUFFMAN. H. Res. 49: Mr. GALLAGHER, Mr. MITCHELL, Mr. COLE. f H.R. 882: Ms. WILSON of Florida and Mr. Mr. NEWHOUSE, Mr. WENSTRUP, Mr. WRIGHT, EVANS. Mr. ESTES, and Mr. LAMBORN. PETITIONS, ETC. H.R. 886: Ms. DEGETTE, Ms. MUCARSEL- H. Res. 54: Mr. SHERMAN, Ms. STEFANIK, Mr. Under clause 3 of rule XII, POWELL, Mr. THOMPSON of California, Mr. CALVERT, Mr. THOMPSON of Pennsylvania, PAPPAS, Mr. BRINDISI, and Ms. WILD. Mr. O’HALLERAN, Mr. GROTHMAN, Ms. NOR- 2. The SPEAKER presented a petition of H.R. 890: Mr. COLE. TON, Mr. PERRY, Mr. LATTA, Mr. LUETKE- Mr. Gregory D. Watson of Austin, Texas, rel- H.R. 891: Mr. BABIN, Mr. GRAVES of Mis- MEYER, and Mr. SUOZZI. ative to urging Congress to propose an souri, and Mr. NORMAN. H. Res. 58: Mr. VISCLOSKY and Ms. TITUS. amendment to the United States Constitu- H.R. 916: Mr. BOST. H. Res. 60: Mr. LATTA. tion, pursuant to Article V, that would allow H.R. 940: Ms. STEFANIK. H. Res. 72: Mr. GIBBS, Mr. GROTHMAN, Mr. a state, or portions thereof, to secede from H.R. 943: Mr. MCGOVERN, Ms. SHALALA, and MCCLINTOCK, Mr. KEVIN HERN of Oklahoma, the United States, and to provide for the ex- Ms. BROWNLEY of California. Mr. WILLIAMS, Mr. HUIZENGA, and Mr. pulsion from the Union of a state, or por- H.R. 949: Mr. ALLEN, Mr. SMITH of Missouri, LUETKEMEYER. tions thereof, upon the vote of the legisla- Mr. BANKS, Mr. LATTA, Mr. DUNCAN, Mr. H. Res. 88: Mr. NEAL and Mr. KING of New tures of three-fifths of the other states; MOONEY of West Virginia, and Mr. ROGERS of York. which was referred to the Committee on the Kentucky. H. Res. 95: Mr. YARMUTH. Judiciary.

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Vol. 165 WASHINGTON, WEDNESDAY, FEBRUARY 6, 2019 No. 23 Senate The Senate met at 10 a.m. and was The PRESIDING OFFICER. The This great country belongs to all of called to order by the President pro clerk will read the title of the bill for us, and it is going to take all of us to tempore (Mr. GRASSLEY). the second time. keep moving forward. As the President f The senior assistant legislative clerk put it, ‘‘cooperation, compromise, and read as follows: the common good.’’ PRAYER A bill (S. 340) to promote competition in Last night, the President high- The Chaplain, Dr. Barry C. Black, of- the market for drugs and biological products lighted, in particular, the national fered the following prayer: by facilitating the timely entry of lower-cost challenges he sees as most urgent and Let us pray. generic and biosimilar versions of those as top priorities for his administration drugs and biological products. Almighty God, the source from which this year. Tackling them will require we come and the goal to which we trav- Mr. MCCONNELL. In order to place that same bipartisan spirit in Con- el, enter into our lives and make us the bill on the calendar under the pro- gress. He restated the administration’s more like You. Strengthen our Sen- visions of rule XIV, I would object to commitment to addressing the humani- ators. Equip and empower them with further proceedings. tarian and security crisis at our Na- Your heavenly grace, so that they may The PRESIDING OFFICER. Objec- tion’s southern border, to fighting on solve the problems of our times with tion having been heard, the bill will be behalf of American workers and job Your wisdom and love. May their la- placed on the calendar on the next leg- creators, to rebuilding America’s infra- bors help make America a nation You islative day. structure, and to helping simplify fam- can trust and bless. Lord, grant that f ilies’ budgets by lowering the cost of healthcare and prescription drugs. On the powers of justice, understanding, STATE OF THE UNION MESSAGE and cooperative endeavors will be used these and other challenges, the Amer- to unify this land we love. Mr. MCCONNELL. Last night, the ican people deserve the full attention We pray in Your strong Name. Amen. President shared a hopeful vision of a of a fully functioning Congress. They bright future for our country. In part, deserve a Democratic Party that puts f he reminded us that the future is the public interest ahead of political PLEDGE OF ALLEGIANCE bright because of the big steps we have spite and comes to the table to nego- taken together in the past 2 years to tiate necessary compromises. The President pro tempore led the move the Nation forward—steps such Well, it will not be long before we Pledge of Allegiance, as follows: as historic tax reform that has helped will see if this institution can rise to I pledge allegiance to the Flag of the middle-class families across America the occasion. The next deadline for ap- United States of America, and to the Repub- keep more of what they earn; the regu- lic for which it stands, one nation under God, propriations will arrive in a little over indivisible, with liberty and justice for all. latory reforms that have amped up our a week, and Members in both Chambers economy and fueled job creation; the will need to prove we can move past f landmark legislation we passed to com- making points and start actually mak- RESERVATION OF LEADER TIME bat the opioid epidemic; the long-need- ing a difference. ed investment in our Armed Forces Throughout the coming year, if we The PRESIDING OFFICER (Mr. that gives our servicemembers the are serious about advancing meaning- CRAMER). Under the previous order, the tools and training they need to keep us ful policy, this basic requirement will leadership time is reserved. safe. remain the same—good-faith efforts be- f As I mentioned yesterday, some of tween a Democratic-controlled House RECOGNITION OF THE MAJORITY these accomplishments were delivered and a Republican-controlled Senate LEADER by Republicans alone, but the lion’s and President Trump’s administration. share of them were bicameral and bi- Another challenge the President The PRESIDING OFFICER. The ma- partisan. They combined the ideas and mentioned is the ongoing obstruction jority leader is recognized. priorities of both sides of the aisle and of his nominations to the executive f both Chambers of Congress. So even branch and the Federal courts. He was though I know our Democratic col- absolutely right about that. To a his- MEASURE PLACED ON THE leagues’ first instinct these days is to toric degree, Senate Democrats have CALENDAR—S. 340 reflexively criticize anything President slow-walked well-qualified nominees, Mr. MCCONNELL. Mr. President, I Trump says or does, I hope they took gumming up committee consideration understand there is a bill at the desk some pride in the strong state of our and burning weeks of valuable time on due for a second reading. Union which the President described. the floor. As I have said time and

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

S875

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VerDate Sep 11 2014 23:23 Feb 06, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S876 CONGRESSIONAL RECORD — SENATE February 6, 2019 again, this mindless obstruction is un- The senior assistant legislative clerk publican side. He said if he weren’t acceptable. read as follows: elected President, we would be in a war So I was encouraged the President Motion to proceed to S. 47, a bill to provide with North Korea—what hyperbole. It took an opportunity last night to high- for the management of the natural resources is not just hyperbole—what untruth, light for the Nation exactly what we of the United States, and for other purposes. what selective memory. President are up against in this regard. We are Mr. MCCONNELL. I suggest the ab- Trump began his time in office by pre- into the third year of his Presidency— sence of a quorum. cipitously ramping up tensions with the third year—and the American peo- The PRESIDING OFFICER. The North Korea. They were much lower ple deserve a fully functioning and clerk will call the roll. under President Obama than they were fully staffed Federal Government after The senior assistant legislative clerk with President Trump. 3 years. It is time for their elected rep- proceeded to call the roll. Maybe the most blatant contradic- resentatives to be part of the solution. Mr. SCHUMER. Mr. President, I ask tion of all, which makes you just lose I know several of our colleagues are unanimous consent that the order for respect for the integrity and honesty of discussing ways to help the Senate bet- the quorum call be rescinded. the President, was when President ter fulfill its duty in this area. I hope The PRESIDING OFFICER. Without Trump spoke about the need to defend there will be cooperation from the objection, it is so ordered. protections for Americans with pre- other side of the aisle to identify and RECOGNITION OF THE MINORITY LEADER existing conditions, while at the very advance a durable and fair solution. The PRESIDING OFFICER. The same time his administration is waging President Trump offered a clear pic- Democratic leader is recognized. a lawsuit that would eviscerate protec- ture of the ways in which our policies STATE OF THE UNION MESSAGE tions for preexisting conditions. How are delivering significant results to Mr. SCHUMER. Mr. President, last can the President have the nerve to get families across America and the urgent night President Trump had the oppor- up on the podium last night and say he challenges we still need to confront to- tunity to bring our parties together wants to preserve preexisting condi- gether. He offered us a powerful re- and offer the Congress and the country tions and wage a lawsuit, support a minder that America’s strength and a new vision for the next 2 years of di- lawsuit that tries to undo them? It is goodness are inextricably linked with vided government. President Trump shocking hypocrisy—that one maybe our commitment to individual liberty squandered the opportunity with a for- most of all for a speech that had many. and free enterprise and that we can gettable and, oftentimes, incoherent Of course, there were a whole lot of never allow the United States of Amer- speech. At times, he called for unity omissions in the speech that many ica to dim our light by sliding into the without specifics, and at other times Americans felt should have been placed failures of socialism. Socialism has he served up divisive campaign rhet- in. Let me give an example. The Presi- failed everywhere it has been tried, and oric that he has used so frequently in dent did talk about a few potentials for we are not going to try it in this coun- the past. bipartisan compromise. We Democrats try. We need to do right now what we The President’s speech was like a 90- would love to compromise with the need to in order to move forward to- minute performance of ‘‘Dr. Jekyll and President and come up with some gether. Mr. Hyde,’’ calling for comity but lac- things that would advance the causes The brief Democratic response ing it throughout with invectives. Un- of working families in America. showed us one potential way forward. fortunately, President Trump seemed He mentioned infrastructure and pre- Our colleagues across the aisle could more excited and placed more emphasis scription drugs, but instead of offering simply deny the facts in front of us on the Mr. Hyde parts of the speech substantive ideas and spending some about the progress that has taken than on the Dr. Jekyll parts. time on these issues, he delivered a place—progress which middle-class Listen to a few of the contradictions couple of lines about each and then families all across America can tan- in the speech. There were so many that moved on. It seemed obligatory and gibly feel—and use the same, tired, for- I can’t mention all of them. perfunctory. There was no new sinew, gettable cliches to divide our Nation President Trump says he believes in no real way to figure out if there is a along political lines, but the President legal immigration but not illegal im- way we can come together and get offered a chance to walk together, uni- migration, but every bill he has pushed something done, because he really fied, along a higher road. Both the tone on immigration has cut legal immigra- didn’t seem interested. and the substance of his speech would tion as well as illegal immigration, in- He talked about the future of Amer- strike any fair observer as reasonable cluding the proposal he has now sent ica and didn’t even mention climate and thoroughly bipartisan. over, in the debates, where he changes change. How could you do that? Every Once again, the only way this divided the asylum process dramatically. scientist who has studied it knows that Congress will be able to choose great- President Trump said he would only in the next 10, 20, 30, or 40 years, cli- ness and deliver significant legislation work with us in Congress if we aban- mate change is going to evoke huge to the American people is by focusing doned our oversight duties. He is back changes in our country and in our on, as President Trump put it, ‘‘co- to his old tricks—hostage-taking. He world. If you believe in the future and operation, compromise, and the com- said: I am not going to advance the you want to have a good future for our mon good.’’ causes of the American people if Con- children and grandchildren, which we That will need to be our motto mov- gress investigates me. all do, you can’t ignore climate change. ing forward. The Nation we love de- Congress is supposed to do oversight You may have different views on it, but serves no less. The American people of the executive branch. It is one of the you can’t ignore it. will be watching us. things the Founding Fathers put in the He also talked a great deal about the safety of the American people, but f Constitution. They were weary of overweening Executive power. They there was not one mention about gun CONCLUSION OF MORNING wanted Congress to be a check. safety—not one. Again, maybe not to BUSINESS What is President Trump afraid of? If President Trump, maybe not to his The PRESIDING OFFICER. Morning he weren’t afraid of these investiga- hard-core supporters, but to the rest of business is closed. tions and if he weren’t afraid of some- America, to talk about the need for se- f thing that might be there that he did curity and the safety of Americans and that was wrong, he would shrug his not to talk about gun safety misses the NATURAL RESOURCES MANAGE- shoulders and say: Let them go for- mark badly. MENT ACT—MOTION TO PRO- ward. Then he rattled off economic statis- CEED—Resumed But, instead, he threatens. He threat- tics—how great everything is—but The PRESIDING OFFICER. Under ens the American people by saying: Un- completely ignored the difficult eco- the previous order, the Senate will re- less these investigations stop, I am not nomic realities of working Americans. sume consideration of the motion to going to move forward on anything. Why do so many Americans not have proceed to S. 47, which the clerk will How about this one? This one made faith in the future? Why do so many report. everybody’s eyes roll, even on the Re- Americans worry that their children

VerDate Sep 11 2014 23:23 Feb 06, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.001 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S877 will not have as good a life economi- So let’s contrast his speech with The President’s State of the Union cally as they do? It is because so much Stacey Abrams’. The contrast between last night did something rare for a of what the President has done eco- the President’s speech and Stacey State of the Union Address: It revealed nomically has benefited the top 10 per- Abrams’ speech was stunning. The just how much repair the state of our cent. Those improve the overall statis- President was political, divisive, calcu- Union requires; just how much work we tics, but they don’t improve the lives lating, and, at times, even nasty. Ms. still have to do to aid working Ameri- of the average middle-class person. Abrams was compelling, warm, and up- cans left behind by an economy that Let’s take the tax cut, a huge tax cut lifting, showing real compassion for only seems to work for the wealthy and geared to the wealthy and the powerful the plight of our average families but well-connected; to provide American corporations. The President said each also filled with hope and inspired by families everywhere with affordable worker will get about a $4,000 increase. the promise of the American dream. It healthcare; to bring stability and ac- It didn’t happen. Wages are going up by was an uplifting speech. Ms. Abrams’ countability to a government too short a small amount. They are still way be- speech represented the kind of unifying on both—a government that seems to hind where they were in the past. What vision—understanding our challenges have made the swamp deeper and more did these companies do with all of this but also having some confidence in our odorous and to further isolate our en- huge tax break? They got $1 trillion in ability to solve them—that the Presi- emies and give comfort to our allies buybacks—buybacks, which benefit the dent failed to deliver. In short, last abroad. corporate CEOs, which benefit the night, Stacey Abrams gave President Let us hope and pray that the coun- shareholders but do nothing for the Trump a lesson in how to lead. try can heal. President Trump did workers, since so many of them don’t Xavier Becerra, speaking from the nothing to move that forward last own stock. high school he graduated from in Sac- night. In fact, the stock market has become ramento, McClatchy High School, gave I yield the floor. more skewed. About 85 percent of the a wonderful response in Spanish. I suggest the absence of a quorum. value of the shares is held by the top 10 We all knew the President would say The PRESIDING OFFICER. The percent of Americans. that the state of our Union was strong, clerk will call the roll. Then, of course, on the wall, he de- but the American people know the un- The senior assistant legislative clerk manded that Congress fund his wall but fortunate truth. On the economy, on proceeded to call the roll. showed no signs of remorse over the healthcare, on governance, and on for- Mr. SULLIVAN. Mr. President, I ask pointless Trump government shutdown eign policy, it is abundantly clear that unanimous consent that the order for that he precipitated. He didn’t mention the Trump administration has been the quorum call be rescinded. the pain he caused to 800,000 Federal getting failing grades from the Amer- The PRESIDING OFFICER (Mr. workers, even though many of them ican people. SASSE). Without objection, it is so or- were in the Galleries listening. The state of the Trump economy? dered. I brought as a guest a man named Failing the middle class. Wealthy CHINA Ronan Byrne. He works in the shareholders and corporate executives Mr. SULLIVAN. Mr. President, a TRACON, our control tower in New cashed in from the Trump tax bill, number of us have been coming to the York. He just had two twins. He has while American workers have been left floor for quite some time now, talking two other kids. I saw the nice pictures. behind. about challenges posed by China—the He came with his wife. She quit her job The state of the Trump healthcare big geostrategic challenges for the when the twins came along. system? Failing American families. He lost his salary at an intense job United States posed by China. Coverage is getting more expensive, What has happened over the last cou- like that, where you have to be on all and the amount of coverage is declin- ple of years—and I think it is very im- the time. I have been up there in the portant—is that this issue went from TRACON. It is dark. You see little ing. Due to the sabotage this adminis- dots, and you can’t have them get too tration has done to our healthcare sys- an issue where not many Senators 2, 3, near each other because that is a safe- tem, this is the first year that fewer or 4 years ago were talking about it to ty issue for the people on the planes, Americans have healthcare than they now, when Democrats, Republicans— and here he was worried about paying did the year before—the first time in a all of us—have recognized that literally the bills and providing for his children. while. for the next 50 to 100 years, the biggest Well, there was no mention of people The state of the Trump administra- challenges we have in terms of national like that. No, it was just about his tion? Chaos. President Trump has had security and economic security for our wall. the most Cabinet turnover in more Nation are the challenges posed by the It didn’t work for the President. We than a century. He has failed to nomi- rise of China. I think that is an impor- know that. Our Republican colleagues nate anyone to one-fifth of our govern- tant course correction that we have and Leader MCCONNELL know that. I ment’s top positions. This has nothing seen in the Congress and, importantly, think even in his situation, where he is to do with the Senate; for one-fifth of from the executive branch. often in a bubble that is often only the positions, there are no nomina- The Trump administration put out a aimed at the narrow band of his sup- tions. This is 2 years into this Presi- national security strategy, and that porters, he touched a hot stove, and I dency. The Senate had nothing to do national security strategy said: Yes, don’t think he wants to do it again. with all the Cabinet members who quit we still have very significant chal- But there was no mention of it. He or resigned under a cloud—nothing to lenges with regard to violent, extrem- should have used his speech to say: We do with that either. President Trump ist organizations like al-Qaida, like are not going to have another govern- likes to blame somebody else for the ISIS, but long-term we are shifting to ment shutdown. There was no word. problems he creates; that is one of his a period in which the most significant There was no plan to tackle our MOs. economic and national security chal- opioid problem. There was no plan to The state of President Trump’s for- lenge we face as a nation involves the increase wages for the middle class. eign policy? Inside out. Inside out. Our rise of great powers, particularly China There was no plan to increase manufac- longstanding allies—countries of as the pacing threat. turing jobs. NATO—have been alienated. Our adver- I think the administration deserves a So anyone who hoped that the Presi- saries—Russia, China, North Korea— lot of credit for this course correction. dent would change course and offer have been emboldened because Presi- It is in the national security strategy some new bipartisan ideas with some dent Trump doesn’t stand up to them. of the administration. It is in the na- meat on the bone where we could dis- During the national security section of tional defense strategy of the adminis- cuss it and begin to move forward to the President’s speech last night, the tration. I believe it is strongly sup- help the American people was sorely first item he mentioned wasn’t Rus- ported by Democrats and Republicans disappointed. As I said, his real excite- sia’s malign activities, North Korea’s in this body. ment came in the most divisive parts nuclear program, or even the crisis in You may have seen, for example, that of the speech on immigration and abor- Venezuela; it was criticism for our Vice President PENCE gave a speech at tion. NATO allies. That says it all. the Hudson Institute a couple of

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The talk, the U.S.-China relations since a former is to have a relationship in terms of ec- agreements, the WTO, the strategic Deputy Secretary of State, Bob onomics and trade and investment that economic dialogues with China—they Zoellick, gave the speech called the Re- focuses on fairness, reciprocity in all sound good, but for the most part, sponsible Stakeholder Speech. That terms of open investment and a trading China has not kept its commitments. was over a decade ago, and Deputy Sec- relationship with China. Fairness, reci- In the United States, we are suffering retary Zoellick essentially said to procity, open trade, and investment from promise fatigue. We get commit- China: You have risen in large measure with China—we do not have that right ments from China. They make prom- because of the international system now. That is one of the big challenges. ises, and then they don’t keep them. that the United States established As they are looking to continue these Promise fatigue—the American people, after World War II, and you benefited negotiations and possibly come up with the U.S. Congress, this administration, from that. What you need to do now is an agreement with China, I thought it and I believe other administrations are to become a responsible stakeholder in would be important for the Chinese to tired of that. Whatever agreement the that system. Here is your opportunity. hear what a number of Members of the Trump administration is working on The system that benefited you more Senate believe is important in my dis- should address this issue of promise fa- than anybody, the system that the cussions. Let me review some of these. tigue. United States led—China, you now First, we need to ensure that China Let me give you a couple of examples have the opportunity to become a re- commits to structural changes in their of promise fatigue. Many years ago, I sponsible stakeholder in that system. economy, not just pledges to increase had the honor of serving on the Na- We are inviting you into it. purchases of U.S. goods. Increasing tional Security Council staff at the Well, I think pretty much every- purchases of U.S. goods—whether they White House under Condoleezza Rice. body—whether Trump administration are Nebraska farm products, which I We were at a meeting. I was a staffer officials, Obama administration offi- know the Presiding Officer cares a lot for Secretary Condoleezza Rice, who, at cials, former Bush administration offi- about, or clean burning natural the time was National Security Advi- cials—recognizes that China rejected gas, which I certainly care a lot sor, and President George W. Bush was that offer. They are saying: We don’t about—would be positive. But it is cer- in the Oval Office with a senior admin- want to be part of the responsible—we tainly not enough. Structural changes istration official from China, Madame do not want to be a member of the sys- to the way in which they run their Wu Yi. She was the Vice Premier. She tem that the United States has led. We economy, to the way in which they was a very important person from that are going to do something different. treat other countries are critical. It country. In this meeting, the Presi- They rejected it. Again, I think that was good to see the President last dent—as President Obama has done, as is not a controversial statement. China night in the State of the Union say ex- President Trump has done, as Presi- experts—Democrats, Republicans, actly that. dent Clinton has done—President Bush Trump, Obama, Bush—all pretty much Structural changes—what do we really pressed Madame Wu Yi on intel- agree that is what has happened. So we mean by structural changes? First, lectual property theft. This was in the need a different approach. China, for decades now, has required Oval Office. This was in a meeting in Right now, there are very serious ne- American companies that invest in 2003, over 15 years ago. Madame Wu Yi gotiations going on between the Trump China to essentially transfer their looked the President of the United administration officials and senior Chi- technology in exchange for access to States in the eye and said: Mr. Presi- nese officials, mostly on economic their market. No other country in the dent, we are going to fix this. Pro- issues. But this relates to broader chal- world does that. China says they don’t tecting intellectual property is very lenges we have with China, and I have do it. They do it. They need to stop important to my country. We know it had a number of discussions with Am- that. It is against WTO rules. hurts your country when we steal it. bassador Lighthizer, Larry Kudlow, Secondly, I am going to talk more in We are going to fix this. I am in who is the NEC chairman at the White detail about how China consistently charge. House, Secretary Mnuchin, the Vice steals intellectual property from That was pretty powerful. She said it President, and the President on this American and other countries’ compa- directly to the President of the United topic. I would say again—because it is nies around the world. States in the Oval Office. I witnessed important not only for the American Third, they heavily subsidize their this. people but for the Chinese to know— state-owned enterprises, which gives Let’s fast forward to 15 years later. that there is strong bipartisan backing them an unfair competitive advantage Have they fixed it? No. Has it actually for what is happening right now in against our companies and impacts gotten worse? Yes. Promise fatigue. terms of our reorientation of the U.S.- negatively our workers and our fami- Let me give a couple of other exam- China relationship and what we are fi- lies. ples of promise fatigue. In 2015, in the nally demanding of them. No. 1, structural changes have to Rose Garden, President Xi of China was Not everything is agreed to. There come, and if they don’t, we should not standing next to President Obama, and are some people, I think with good rea- accept this kind of deal. he made essentially two commitments: son, who have some concerns about the No. 2, China needs to end the ‘‘prom- We are going to stop the cyber theft of use of tariffs, but, overall, I think ise fatigue’’ that we have had with industrial products in the United there is broad bipartisan support in China by enabling us, through some States; we are going to not steal, this body—having talked frequently kind of trade agreement, to hold them through the internet, your intellectual with my colleagues on both sides of the accountable for the commitments they property and other valuable trade se- aisle—for what the Trump administra- make. What do I mean by that? We crets from American companies— tion is trying to do with regard to need assurances from the Chinese that whether related to defense, whether re- China. will ultimately be fulfilled that an lated to other issues—and China will As they look to address these agreement that is reached at the end not militarize the South China Sea. issues—and they just had these high- by this administration can be enforced. This is 2015—less than 4 years ago— level negotiations just last week—I Why is that so important? As I men- standing next to the President of the thought it would be important to lay tioned, these kinds of negotiations United States, the President of China out a couple of things that I know have been going on for years. The made these commitments in the Rose many Members of the Senate are inter- Obama administration, Bush adminis- Garden. Has China kept these commit- ested in. Again, this is to show our tration, Clinton administration, all in ments? No. They have massively mili- backing of these negotiations but also good faith, have tried to get China to tarized the South China Sea, and they to make sure China knows that it isn’t commit to the promises and commit- continue their industrial-scale cyber

VerDate Sep 11 2014 23:23 Feb 06, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.004 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S879 theft. Great countries, particularly in China. This administration needs to The legislative clerk proceeded to these kind of settings, need to keep seize that because it makes strategic call the roll. their word. China should know this. A sense for us, but they also need to co- Mr. MERKLEY. Mr. President, I ask key element of any deal that we as a ordinate with these countries as we are unanimous consent that the order for country strike with China needs to working on these broader global eco- the quorum call be rescinded. take into account this promise fatigue nomic issues as it relates to China. The PRESIDING OFFICER. Without and have real mechanisms to keep Why? Because if we come to the table, objection, it is so ordered. not just the United States but with the their commitments. TRIBUTE TO TRICIA PEEBLES AND ADRIAN Third, we need to make sure China Europeans, with the Japanese, with the DEVENY commits to end its global corrupt prac- Koreans, with the Canadians, this pro- Mr. MERKLEY. Mr. President, I want vides leverage. tices. What do I mean by that? Preda- to begin by recognizing two members The countries I just named, including tory Chinese infrastructure financing of my team who will be leaving at the and bribery of foreign officials are ours, constitutes well over two-thirds of the global GDP. If we come together end of this week—Tricia Peebles and trapping countries around the world in Adrian Deveny—who are on to new ad- debt and marginalizing outside com- with these demands, we will have much more leverage to get a better deal. ventures and new opportunities to petition by foreign investors. make the world a better place. There was an article recently in the The time is right. I have had the op- Tricia has been with me on my Sen- Journal that went into portunity to talk to senior officials ate team for over 10 years—since I very minute detail of how Chinese offi- from all of these countries. Every sin- came to the Senate just over 10 years cials at the highest levels were bribing gle one of them has challenges like we ago. Before that, she was with me on senior officials from Malaysia to get did with regard to China, and every my team when I was speaker in Oregon investment opportunities with regard single one of them wants to work with for 2 years. So it has now been a dozen to infrastructure in that country. us. This is essentially official policy in I commend Ambassador Lighthizer years of working together. From the China to bribe and pay off officials in for starting an alliance on trade, as it very beginning of this wild ride, she other countries to help their compa- relates to China, on a regular basis has been with me as my State sched- nies, which are often state-owned and with the EU and Japan. The EU, Japan, uler. I don’t know how I could have compete against other companies. Is and the United States are coordinating done any of it without her. this fair? No. Is this good for the inter- on these issues. I think it makes sense When you are inventing a State Sen- national economic system? No. Does for the Ambassador to broaden that co- ate office from the ground up and you China do it on a regular basis? Yes. Do alition—the coalition of the willing on need someone with imagination, cre- our companies or the U.S. Government these issues. It does bring significant ativity, and commitment, well, Tricia engage in this kind of systematic cor- leverage, and countries are ready for has all of those in spades. Out in Or- ruption globally? No. the United States to lean on us. As a egon, she is not only the gatekeeper If the U.S. companies do this, their matter of fact, the number of countries and defender of my schedule, she is a leaders can go to jail for violating the and Ambassadors whom I have heard real advocate, making sure I connect Foreign Corrupt Practices Act. China who have cited Vice President PENCE’s with and hear from and work with Or- has no such prohibitions. To the con- speech on how we have to deal with egonians from all walks of life, Orego- trary, they do it as part of official China has been remarkable. They are nians from every corner of our beau- state policy. looking for U.S. leadership. The admin- tiful State. She has used her uncanny Whatever agreement we have with re- istration needs to provide it. Using and knowledge of the map of Oregon and gard to the Chinese on this issue also making sure we are coordinating with small cities to get me to townhalls in needs to include addressing this chal- our traditional allies on this issue is each of Oregon’s 36 counties year after lenge globally of foreign corrupt prac- vital, and that is how we are going to year for 10 years straight. She has done tices. This kind of state-sponsored cor- come to a successful conclusion. so with military precision. Seriously, There is a lot we need to do with re- ruption should not be tolerated or it is amazing. Name any two cities in gard to the challenges posed by China. overlooked. Again, in my discussions the State, and Tricia can tell you how They are not all negative. A lot of with the administration’s senior offi- long it takes to drive between them, them can be positive. If we had Chinese cials, I have encouraged them to make any potential road hazards, and most investment, greenfield investment, in sure this is part of the negotiations in importantly, the nearest Subway sand- our country, that could help with jobs. the agreement. wich shop so the team can stop and get That could help ease tensions. It is Finally, an important element of our a bite to eat. something I have been encouraging strategy with regard to China has to It is always tough to lose an original Chinese officials to do for a long time. involve our allies. All of the issues I member of a team, and I honestly don’t It is in their interests. I think it is in just talked about—promise fatigue, in- know how we are going to fill the very our interests. We need to take seri- dustrial cyber theft, intellectual prop- large space that will be left in her ab- ously these challenges. sence, but I am very excited for her as erty theft—aren’t just issues the It is an issue. You often hear about she takes on her next adventure and United States is dealing with. They are some of the tensions or some of the wish her nothing but the best. issues all of our key allies are dealing conflicts that exist in this body. In my with—the Germans, the European view, a lot of that is overblown. There Adrian Deveny joined my office back Union, Japan, Korea, Canada. Every- is a lot of bipartisan work that goes on in March of 2011. Here we are, almost 8 body is dealing with these same chal- in the Senate. The vast majority of the years later, and he has been an indis- lenges with regard to China. What does work that goes on in the Senate is bi- pensable member of my team. In his 8 that mean? partisan. years, he has been leading our efforts The good news is, strategically, the One area of bipartisan agreement, I to tackle the greatest challenge facing United States is an ally-rich nation, believe, is the need to focus on this humankind on this planet—the chal- and our adversaries and potential ad- very important geostrategic challenge lenge of carbon pollution and climate versaries are ally-poor. We have built a that our country faces with regard to chaos. system of alliances. Since World War the rise of China. We are off to a good He has taken us through initiatives, II, that provides strategic advantage to start in that regard. I want to encour- such as the Keep It in the Ground Act, our Nation. As a matter of fact, one of age the administration to continue to which said that we as citizens of the the most strategic, important advan- focus on this issue and focus on these United States must no longer profit tages we have is our system of alli- four points I highlighted this morning from leasing out the fossil fuels that ances, which we need to deepen and on the Senate floor. we own for extraction and combustion broaden. There are many countries in I yield the floor. because it contributes to the problem, Asia—many countries in Asia—that I suggest the absence of a quorum. and the 100 by ‘50 Act, which said that want a closer relationship with the The PRESIDING OFFICER. The we need to get to 100 percent renewable United States because of the rise of clerk will call the roll. energy and that we need to do so by the

VerDate Sep 11 2014 23:23 Feb 06, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.006 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S880 CONGRESSIONAL RECORD — SENATE February 6, 2019 year 2050 or earlier and laid out a de- unprecedented and unusual times, and We also see it in wild temperature tailed roadmap on how to do so in each a big factor is the ravages of climate swings in communities like Chicago. section of the energy economy. chaos, carbon pollution and the chaos Last summer, Chicago experienced rec- He tirelessly advocated for programs that ensues from that wreaking havoc ordbreaking heat and then was hit with that had real, direct impacts on peo- not only on the environment but on the a recordbreaking polar vortex. This is ple’s daily lives, whether it was the lives of Americans all across our Na- climate chaos. Rural Energy Savings Program, which tion. We see it in the wildfires that are We the people, we the farmers, we the created the opportunity throughout burning longer and hotter than ever be- foresters, we the fishermen, and, of rural America for families to upgrade fore, not just affecting our forests and course, we the frontline communities the insulation in their homes and busi- the jobs in our forests and our forest of America, minority and low-income nesses to save energy and have it paid economies but at times incinerating communities, whose health is being for in large part by those savings in en- entire communities, such as Paradise, impacted, feel the impact, a dev- ergy, or reforming our Nation’s out- CA. Even when such a dramatic event astating impact, and bear the brunt of dated chemical laws with the signifi- doesn’t occur, there is significant dam- climate chaos. cant reform of TSCA, where he played age to our cities, their economies, and So it is now another time for a new a central negotiating role to try to get their people’s health from the smoke. deal for the American people to take us from the starting line to the finish We have seen over time that the av- on this massive, immediate threat to line, or helping make electric cars erage number of large wildfires has our people and our planet—a threat we more affordable. grown. Back in the decade of the 1980s, cannot delay responding to. He did all of this and so much more there were about 140 per year. Now here This time, it must be a Green New and always with the type of steady dis- we are after the turn of the century Deal—a Green New Deal that not only position, cheerful attitude, nothing but looking at nearly twice that—250 major transitions America to an energy econ- kind words, and support for his team- wildfires per year on average. And the omy that is powered by 100-percent mates that really helped him to be a fire season has gone from roughly 5 noncarbon, clean, renewable energy, key facilitator with staff throughout months in the early 1970s to 7 months. but a Green New Deal that creates mil- the Senate. He has been the calm in a This is just characterizing the impact lions of good, living-wage jobs in the chaotic storm of a Senate office. It will of longer, hotter summers—one impact process and continues our Nation’s march along the path of real progress, be tough to see him go, but he won’t be of climate chaos. going too far away—just moving over We also see climate chaos in the real justice, and real equality. Let’s think, for a moment, of what from our office in the Hart Office oceans. They are growing hotter year the core principles are when we say the Building to the minority leader’s of- by year. They are growing more acidic words ‘‘Green New Deal.’’ Here are fice, ’s office, here in year by year as carbon dioxide becomes some of the core issues. the Capitol to help lead the Demo- carbonic acid, actually changing the The first is an energy shift that uti- cratic caucus’s collective efforts on chemistry of the ocean. We have found lizes today’s technology and utilizes issues related to energy and the envi- that the oceans are about 30 percent and improves our electric grid and our ronment. So our loss on Team Merkley more acidic than they were before the transportation system from ones pow- is the Senate’s gain. Industrial Revolution, affecting our ered by fossil fuels to ones powered by A big thank-you to Adrian for all of coral reefs and our shellfish. renewable energy. A key principle of his hard work on behalf of the people of A recent study found that the plan- the Green New Deal is that of an en- Oregon and on behalf of a better world, et’s oceans are heating up even faster ergy shift to solar and offshore wind, a better energy policy, a better envi- than we anticipated—40 percent faster wave energy, tidal energy, and geo- ronmental policy, a policy that points than we thought just 5 years ago. Now, thermal energy—all potentially con- at taking on the biggest challenge fac- 2018 broke the record for the warmest tributing to the noncarbon electricity ing human civilization on this planet. ocean temperatures. It beat out the to power our Nation. Thank you, Adrian, for all of your previous record holder of 2017, and that Here is the good news. The cost of work to save our beautiful blue-green 2017 record broke the previous record noncarbon, nonfossil fuel energy has planet. holder of 2016. Rising temperatures dropped. It has fallen about 90 percent CLIMATE CHANGE don’t just harm our sea life; they are over the last decade. It has gone from Mr. President, the most important impacting citizens through impacts on 35 cents per kilowatt hour with solar words in our Constitution are the first the fishing industry, impacting the energy to about 3 to 5 cents per kilo- three, ‘‘We the people,’’ written in coastal communities for which coastal watt hour. That is a massive change. supersized font so we won’t forget activities are their lifeblood. Wind has fallen about 70 percent, and about the core mission of our Constitu- I was down on the gulf coast of Flor- now it is down to 2 to 4 cents per kilo- tion—a nation that, in President Lin- ida where they had a red tide that has watt hour. What does this mean? This coln’s words, is designed to be ‘‘of the been in place for 10 of the last 12 means that a decade ago, the costs people, by the people, for the people.’’ months. A red tide essentially is toxic were above the costs of burning fossil Well, in a ‘‘we the people’’ nation, it is algae that produces toxins that float fuels. Now they are below or are even the responsibility of government and inland and irritate the lungs and ag- with the costs of burning fossil fuels its leaders to put the interests and gravate the asthma of those living near because it is about 10 cents per kilo- well-being of its citizens first. the seashore, and it kills sea life. In ad- watt hour to create electrons from In July of 1932, while accepting his dition to the toxins from the red tide, coal, and it is about 5 cents from nat- party’s nomination for the Presidency they have dead manatees, dolphins, ural gas. When you have wind at 2 to 4 in the height of the Great Depression; fish, and turtles washing up on the cents and solar at 3 to 5 cents, you are after the stock market had crashed, shores and decomposing, adding to the competitive, and that means we can losing almost 90 percent of its value; stench. People on the gulf coast of choose not only the energy that is best after 11,000 American banks went bust; Florida take inland vacations that at for the planet and best for our health after nearly a quarter of the United times extend to months to escape the but that is also the smartest invest- States was unemployed, Franklin Roo- consequence of the red tide, and it ment for our economy. sevelt called for ‘‘a new deal for the causes a huge impact on the economy This is where we are now. We can American people.’’ He said that they of those coastal cities. pursue the smartest investment. If you were living in ‘‘unprecedented and un- We see chaos in extreme weather don’t have any understanding of the usual times’’ in which we must ‘‘highly events, massive storms like Harvey and impact of the climate chaos that is resolve to resume the country’s unin- Irma and Maria, which in that year devastating our resources and our cit- terrupted march along the path of real cost our country $265 billion in dam- ies and our people, you can still choose progress, of real justice, [and] of real ages, took the lives of thousands— green power, because it is the smartest equality.’’ thousands in just Puerto Rico—and de- economic decision. Well, in our ‘‘we the people’’ Nation, stroyed hundreds of thousands of The second core principle of the we are once again finding ourselves in homes in the gulf and the Caribbean. Green New Deal is to create millions of

VerDate Sep 11 2014 23:23 Feb 06, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.007 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S881 jobs. Our President likes to talk about Those are the three core principles of Harry S. Truman National Historic jobs, and we need his help in actually this vision. They are the three core Site, which was first dedicated in May creating jobs by renovating our energy principles that will take us forward of 1983. It preserves the history of the economy, by investing in these tech- quickly and productively and will put person who has sometimes been called nologies, and by advancing these tech- us in the economic lead of the world. It the people’s President. He was the nologies. It is so we are selling them to is a lead we are losing as we stumble— President who, when he was retiring the world rather than buying them trapped by fossil fuel special interest and the press asked him ‘‘What is the from the world. It is so they are em- money and its control of Congress. first thing you are going to do when ploying people in the United States of There are those who say this vision is you get home?’’ thought for only a America rather than employing people too bold, that this vision is too far- minute and said, ‘‘I guess the first in China. We want this revolution to be reaching, but let us think of what Rob- thing I will do is take the suitcases to here, driven by the United States of ert Kennedy once said: ‘‘Only those the attic.’’ In his 71⁄2 years of being America—by red, white, and blue inge- who dare to fail greatly can ever President, he was a guy who had not nuity and innovation. It is not for us to achieve greatly.’’ lost the sense of the kinds of common- be on the receiving end of technologies For the sake of our planet and our sense things that real people deal with. that are developed elsewhere, and it is Nation and our families and the ‘‘we His story is really well told at his not for us to be on the receiving end of the people’’ vision of our government, family home in Independence. It is a products made elsewhere. let us dare, and let us dare greatly. site that includes not only the home In creating these jobs, we need strong I thank the Presiding Officer. protections for American workers. We that he and Bess, his wife, shared The PRESIDING OFFICER (Mr. CAS- through their entire marriage, from want these jobs to be living-wage jobs. SIDY). The Senator from Missouri. We want to see workers able to orga- 1919 until his death in 1972, but some S. 47 adjacent family properties and some nize and able to unionize so as to make Mr. BLUNT. Mr. President, I want to sure these are family-wage jobs, be- nearby properties of Truman’s farm talk about the bill that we are consid- home, which was the home in which he cause a good-paying job is better than ering this week. This is a bill that for any government program for a family’s grew up in Grandview, MO. sportsmen and for those who are inter- foundation to thrive. This is a bill that, in many cases, ested in public lands is going to have a Right now, renewable industries are does really simple things. In this case, booming. Jobs in solar and wind are big impact. It will have big benefits for it just takes the money, frankly, that growing 12 times faster than is the rest our country and big benefits for my the city of Independence wants to give of the economy. Over 3 million Ameri- State of Missouri. to the Federal Government so the Fed- This package includes a number of cans now work in renewable energy and eral Government has the money to important provisions to expand hunt- energy efficiency, outnumbering fossil build a new visitors center. The Na- ing and fishing access—something that, fuels 3 to 1. This is the future of jobs in tional Park Service would like to build I think, every Congress, over a handful the United States of America. This is it on this piece of land, but before it of Congresses now, has tried to do and the future of good-paying jobs in the can do that, we have to accept the failed to do. It has provisions to pro- United States of America. Just think piece of land. That is something that tect natural resources and provisions of how many more jobs we can create will happen in this bill when we pass it. down the road if the United States is to improve public lands. In my State of Missouri, we have more than 1.2 mil- There is another provision that leading the world, not following. Let’s would enhance the visitor access to be the leaders in this green technology lion hunters and fishermen. They spend about $1.67 billion annually and sup- Ste. Genevieve, which is at least the revolution. Like Roosevelt’s New Deal newest historic park in Missouri if not, with the Works Progress Administra- port almost 30,000 jobs in our State. For the first time, this bill makes it certainly, one of the newest in the tion, which created jobs that paved a country. This is something we did last path for the economy to recover, the clear in statute that all Bureau of Land Management and National Forest year in transitioning some property to Green New Deal will drive tens of mil- the National Park System from the lions of good-paying jobs for Americans System lands will be open to hunting, to recreational shooting, and to fishing State park system. in the decades ahead. Ste. Genevieve, which is on the banks The third big principle is that no one unless they are explicitly closed. They of the Mississippi River, was estab- gets left behind in this revolution. It can be closed, but they have to be ex- lished in the 1750s by French settlers ensures that all Americans have the plicitly closed for safety reasons or who were attracted to the area because benefits of the new green economy and other justified reasons that are estab- of the water access, the rich soil, and that the hard-working Americans who lished not just by the Bureau of Land the ability to make a living there. In are in the fossil fuel industry and have Management or by the National Forest fact, the historic park encompasses provided the power that has taken our System but through a public process. Nation so far forward have the respect In other words, they are going to be what was called the common field in for what they have accomplished and open unless they are closed instead of the Mississippi River Valley, where have the opportunity for jobs in the fu- the current situation of their being citizens would own or be allocated a ture. It is a just transition into good- closed unless they are open. This will plot in that field and would farm in paying careers and for communities create an opportunity for people who that plot. It was not part of the settle- that have been stumbling in their ef- want to use public lands for those pur- ment community itself but was at the forts toward economic progress but poses to be able to do so unless those river bottom, which meant that for have been bypassed in the economy of who are responsible for managing those flood reasons, you wouldn’t want to the past. lands can make a real case that they build a house there, but you could grow They will not be bypassed in the shouldn’t be able to do so. some of the most incredible crops that green economy of the future because This bill includes important provi- could be grown then or now. In fact, the point is to design that economy so sions that will improve the visitor ex- the common field in Ste. Genevieve is that those communities can benefit perience in two of Missouri’s U.S. Na- recognized as being the oldest continu- from the clean energy and can benefit tional Park Service units. One is the ously farmed piece of land west of the from the jobs that the Green New Deal provision that would really enhance Mississippi River. creates. That includes there being ac- one’s opportunity to learn more about Ste. Genevieve had been governed by cess to clean public transportation, the personal life of the Nation’s 33rd the French, then the British, then the community development investments, President, Harry Truman. I am stand- Spanish, and then the United States in and the ability of low-income families ing here behind the desk I use every its history as it came into the United to not only receive clean energy but to day, which was also the desk that States as part of a territory with the get the clean energy jobs and job train- President Truman used when he was in Louisiana Purchase. The imprint of ing and apprenticeship programs and the Senate. each of those countries is still evident healthcare and housing that everyone Particularly, there are lessons that in that community today. That is part- in America should have access to. can be learned from his life at the ly thanks to the State of Missouri. It is

VerDate Sep 11 2014 23:23 Feb 06, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.009 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S882 CONGRESSIONAL RECORD — SENATE February 6, 2019 thanks to dedicated historic preserva- With that, I suggest the absence of a Let’s be honest about what the Presi- tion groups, including the National So- quorum. dent said last night. When he said he ciety of the Colonial Dames of Amer- The PRESIDING OFFICER. The wanted to fight childhood cancer, he ica, the Foundation for Restoration of clerk will call the roll. said how much he would spend. That is Ste. Genevieve, Les Amis, and the Ste. The senior assistant legislative clerk an important thing because your val- Genevieve Chamber of Commerce. They proceeded to call the roll. ues in Congress and in the government have all worked hard to recognize the Mr. DURBIN. Mr. President, I ask are often measured by how much you unique architecture they have there, unanimous consent that the order for are willing to invest in your values. some of which dates back to the late the quorum call be rescinded. The President suggested that he 18th century. More of it dates back to The PRESIDING OFFICER. Without wanted to spend $500 million on child- the years right after the turn of the objection, it is so ordered. hood cancer. That is breathtaking, $500 19th century and the very early 1800s. STATE OF THE UNION MESSAGE million, until you listen to the rest of This bill would allow significant Mr. DURBIN. Mr. President, last the sentence—over 10 years, so $50 mil- things to happen in that park, includ- night, most of America was tuned in to lion a year. To the outsider, that may ing acquiring a standing visitors center the President’s State of the Union Ad- seem like a significant amount of that wouldn’t happen otherwise. dress, and I attended it with most of money, but in the context of medical The bill also permanently reauthor- my colleagues in the U.S. Senate. research, it is not. izes the Land and Water Conservation The State of the Union Address is an The annual budget for the National Fund. Many of those hunters and fish- opportunity for the President, once Institutes of Health, the major medical ermen whom I mentioned earlier are, each year, to speak directly not just to research organization in the world, appropriately, big advocates of this Congress but to the American people. nears $35 billion; $50 million against $35 Land and Water Conservation Fund, The President had an opportunity last billion pales in comparison. Look at which allows property to be available night to bring us together and to talk this. Each year, the National Institutes about ways we can solve the challenges to them and to be preserved through of Health spends almost $500 million on facing our great Nation. Sadly, time this fund in a way that doesn’t allow it childhood cancer. I want to make sure and again, the President chose to use to be developed but still to be available they pay more, spend more, research divisive language when he could have to hunters, fishermen, birdwatchers, more. used unifying language. I thank , the Senator from and outdoor enthusiasts. What is the state of the Union under That fund is largely funded from Fed- Missouri—Republican Senator from this President? eral receipts from the offshore oil and Affordable health insurance is at Missouri; LAMAR ALEXANDER, Repub- gas leases. In 2018, $487 million was ap- risk. Last night, President Trump said lican Senator from Tennessee; and, of propriated by the Congress to continue he wanted to protect healthcare for course, , our champion to maintain and enhance that fund. It people with preexisting conditions like when it comes to medical research on supports Federal and State land acqui- cancer, diabetes, asthma, and heart the Democratic side. What they have sition, planning grants, and outdoor disease. What he did not say was that done for 4 successive years is have a 5- recreational programs. That has been a at this very moment, his administra- percent real increase in medical re- program that, for a long time now, the tion is trying to eliminate those pro- search. That is amazing. That is al- Federal Government has periodically tections for people with preexisting most 30 percent more being spent on extended. This is the first time that it conditions. That is right. A lawsuit— medical research because this bipar- would be permanently authorized. filed by Republican attorneys general, tisan team—which I am a cheerleader This bill reauthorizes the partners in led by the Texas Republican attorney for—has done that kind of investment. Fish and Wildlife. It reauthorizes the general—is supported by the adminis- So when the President talks about, National Geological Mapping Program, tration and the President, and it would now he is going to tackle childhood the Public Lands Corps program, and, declare the entire Affordable Care Act cancer, I can’t wait to see the next for the first time, the Invasive Species unconstitutional, including those pro- budget for the National Institutes of Program at the Corps. The wildlife re- visions that protect people with pre- Health. It is Congress that has been sponse activities, as it involves drones, existing conditions. The President pushing the 5-percent real growth are described here and defined in a new can’t stand before us and give a speech every year, not President Trump. and better way. to the American people and say: I am So, yes, I am glad he is on board for It also requires the Fish and Wildlife all about preexisting conditions—and childhood cancer. If we can help that Service to declare the attorney fee then tell his Attorney General to join little girl, and so many others like her payments they make and, maybe even in a lawsuit and try to eliminate that each year who are battling cancer, we more importantly, to declare publicly protection. That is exactly what is need to do it and put party aside, but the awards they make to individuals happening at this moment. $50 million a year is hardly a moonshot and groups that have filed a civil case Last night, President Trump said he against cancer when it comes to chil- and are doing that under the Endan- wanted to help people with HIV/AIDS dren. If we are going to make a massive gered Species Act. A lot of determina- and children with cancer. Who could investment to make this work, it will tions have been made there that the argue with those goals? But people take a lot more of an investment than public was not aware of and, frankly, with HIV/AIDS and children with can- that. in my view, that would not have been cer are some of the people who stand to For the past 2 years, President made if they had to stand the test of lose the most if President Trump sabo- Trump has proposed cuts—cuts—in the public scrutiny that they now have to tages the Affordable Care Act. National Institutes of Health. Mr. stand under with this law. Let me say a word about the child- Mulvaney, who is now his Acting Chief I want to congratulate Senator MUR- hood cancer issue. What a heart- of Staff, is pretty good as a budget cut- KOWSKI and Senator CANTWELL for breaking, tender moment it was to ter. He is not very good when it comes bringing this bill to the floor. As we look up into the Gallery and see that to investing in research. He suggested work hard now to do what is necessary, little girl, that 7-year-old girl, who, an 18-percent cut and a 6-percent cut to I look forward to passing it here, send- fighting a brain tumor, was still out the very Agency responsible for med- ing it back to the House, getting it on raising money for St. Jude’s Hospital. ical research increases. Thank good- the President’s desk, and doing these It was beautiful, and she was just as ness, the team of Senators I mentioned things that, in so many cases, have pretty and loveable as any child can be to you earlier ignored the President’s been years now in the making. as she applauded everyone and had request and Mr. Mulvaney’s directive This bill brings together about 100 what is clearly the night of her life to to cut spending when it came to med- separate pieces of legislation, each of be at that joint session. I looked up ical research. We need to make sure we which will make an important dif- there, and I am sure every parent and invest in medical research for the fu- ference—no matter how small they grandparent in the audience saw in her ture, finding new cures for diseases and are—in the community or the area that exactly what we love about little chil- conditions, including childhood cancer they will impact. dren. and HIV/AIDS.

VerDate Sep 11 2014 23:23 Feb 06, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.010 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S883 The basic services of our government interest in their future, as it once did seen anything quite like this. In the 8 are at risk, unfortunately, despite the many years ago. That uncertainty, years of President Obama, there were President’s statement last night. You when it comes to dealing with Russia, no scandals that even came close to see, the President authored the longest is emphasized on a daily basis as we try match what is happening under the government shutdown—35 days—in the to understand this President, who one Trump administration. Is it any won- history of the United States, and after day is admonishing the Russians for der that people are skeptical about he relented and allowed the govern- failing to live up to a nuclear arms their leadership and their commitment ment Agencies to go back into business treaty and the next day is ignoring to the common good as opposed to and pay their employees—some 800,000 Russia’s cyber act of war as it tries to their own personal gain? Federal employees—he dangled again take over the election process in the The last point I will make is our the possibility that next week he will United States. I can’t follow where this economy. It is true, there are more do it all over again, shut down the gov- President stands when it comes to Rus- jobs. We have had economic growth ernment again, God forbid. We have sia, and a lot of our NATO allies are since President Obama brought us out seen enough of this. curious, too, as to what he is trying to of the worst recession since the Great My guest last night was from Illinois. achieve. Depression, and that growth and job His name is Toby Hauck. Toby is head It isn’t just NATO. Beyond that, we creation is a good thing for America. I of the air traffic controllers in our know the President walked away from applaud it. I want to see it continue, State. We have almost 1,000 or more this nuclear agreement with Iran. He but when we had a chance to rewrite across our State. When they reached a talked about it last night. I couldn’t the Tax Code in a way to help working point of 35 days with no pay, the air disagree with the President’s position families and those who are in the lower traffic controllers announced they more. When we had the major coun- and middle-income categories, this would have to slow down air traffic op- tries on Earth come together and de- Congress and this President did just erations across the United States. vise a way with inspectors to make the opposite, creating massive tax I believe that was the decisive mo- sure Iran did not develop a nuclear breaks for the wealthiest people in ment in the government shutdown. It weapon, that made the Middle East America. I know it is part of the Re- was shortly thereafter that the Presi- safer; that made Israel safer. The publican playbook that if the rich can dent relented and said he will allow the President opposed it from the start. just get a little bit richer, America will government to reopen again. Now, he Despite his opposition, President be better off, but it is counterintuitive. says if he doesn’t get his way about his Obama was able to get it through, ap- Too many working families across the almighty wall, he is going to do it all proved in Congress, and it became the United States have seen their wages— over again. I hope he doesn’t. For the law of the land. When the reports came their real wages—fall behind, even good of this Nation, I hope he doesn’t. back, Iran was complying with the nu- though productivity and profits in cor- For air traffic controllers, and for peo- clear agreement. They weren’t devel- porations have increased. We have to ple who work at the Food and Drug Ad- oping nuclear weapons. They were de- make sure this is a fair economy when ministration, the Department of Agri- stroying centrifuges and other equip- it comes to our workers and our tax- culture, the Environmental Protection ment that could lead them to develop a payers. Unfortunately, the President’s Agency, and so many other Agencies, nuclear weapon. Unfortunately, the net position on taxes has not helped that not to mention TSA, I would hate to result of it was destroyed when the in any regard whatsoever. see them face another period of not President stepped away from this trea- So last night’s State of the Union being paid while being called into ty. Iran still lives by its terms, but we Address, unfortunately, divided us in- work. don’t know what tomorrow might stead of united us. It didn’t point out Our national security is at risk at bring. the real challenges we face and need to this moment too. When you look for The nuclear arms race with Russia is deal with. I hope still that we can come the reasoning behind it, you can see on again because of their violation of a together, Democrats and Republicans the President’s view of foreign policy is nuclear arms treaty that dates back to in the Senate and the House, to deal part of the problem. President Reagan. Instead of negotia- with the major challenges it faces—the I was glad to stand last night when tion, we walked out and said we are challenges we were elected to confront the President recognized the heroes of just not going to live by it anymore. and deal with. World War II. Those three men—in We need to stop a new arms race, and Mr. President, I yield the floor. their nineties, I am sure—really were a we need to engage China, as the Presi- The PRESIDING OFFICER. The Sen- part of the ‘‘greatest generation.’’ The dent suggested last night, in that proc- ator from Texas. sacrifices they made for America, the ess. Mr. CORNYN. Mr. President, I never sacrifices they made to defeat the I also want to say the state of our cease to be amazed how the politics forces of authoritarianism in Germany, Union sees our planet at risk. This here inside the beltway remind me of Italy, and Japan have left a better President withdrew the United States two ships passing in the night, where world. It also led to the creation of the from the Paris climate accord, an we can all be looking at exactly the North Atlantic Treaty Organization agreement signed—listen carefully—by same thing and describe it in such re- after World War II. The nations that every country in the world, but it markably different ways. were victorious in World War II, led by doesn’t include the United States. The I have been amazed at the Demo- the United States, came together and rest of the world—those who are polit- cratic leader’s negative comments said: Our goal is never to have another ical foes and friends alike—came to- about the President’s speech last night, World War; to stop a war from break- gether and said: We have to do some- and I listened to comments of my ing out again in Europe, as it had twice thing to make sure this planet is friend the Democrat whip. They found in the last century. The North Atlantic loveable for our children and grand- virtually nothing to like about what Treaty Organization was the organiza- children but not President Trump. He the President had to say last night. tion they chose to make sure we were walked away from that. As a con- So I was a little bit surprised to see prepared to fight communism or other sequence, the United States is not a CBS News poll that indicates that 70 forces that might lead to war. It has doing what it should to show leader- percent of the viewers approved of been dramatically successful not just ship in this critical life-or-death issue. what they heard in President Trump’s in keeping the peace but in building a Finally, when it comes to America’s speech last night at the State of the community of interest between the confidence in our government, it has Union, and 72 percent said they ap- United States and Europe, which en- been shaken by a President who refuses proved of President Trump’s ideas on dures to this day. to disclose his tax returns, refuses to immigration, one of the most conten- I don’t disagree with the President. be open about his business dealings tious and divisive issues that faces our Those who are allies should pay their around the United States and around country. fair share for NATO, but, clearly, many the world, and, unfortunately, has seen One conclusion might be that it is be- of those countries in Europe today a Cabinet riddled with corruption and cause our Democratic colleagues are wonder if the United States still has an conflicts of interest. We have never simply unwilling to do anything to

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We improved our criminal Supreme Court. a physical barrier along the south- justice system just this last December Ms. Rao is currently the Adminis- western border was immoral, even by huge, overwhelming margins. We re- trator of the Office of Information and though Democrats and Republicans had pealed taxes on low- and middle-class Regulatory Affairs, an obscure but im- routinely voted for fencing, extending Americans, known as the ObamaCare portant Agency—probably the most the hundreds of miles there in the Se- individual mandate, punishing people powerful Agency nobody has ever heard cure Fence Act of 2006 and 2008. Barack simply because they could not afford of here in Washington, DC. She was Obama, Hillary Clinton and Senator the high premiums and deductibles of confirmed to that position on a bipar- SCHUMER, the Democratic leader, all the so-called Affordable Care Act, and tisan basis in 2017, and since taking the voted for that. Now NANCY PELOSI we restored much needed funding to helm at OIRA, Agencies have reduced woke up one morning and decided it our military in a still very dangerous regulatory costs by more than $23 bil- was immoral to build any physical bar- world and provided an overdue pay lion, which has been another spur to rier at all along the southwestern bor- raise for our troops. the American economy. der. But President Trump wasn’t there Ms. Rao is currently an associate I agree with those who say the real just to tout his accomplishments. He professor at the Antonin Scalia Law immorality here is to see the scourge was there to assure the American peo- School at George Mason University and of human trafficking, sex slavery, ple that we are not going to rest on our a leading scholar in the field of admin- women and children being held against laurels. There is still work to be done, istrative law. their will by the traffickers who trans- and we are eager to get moving. The Through her career, Ms. Rao has fer people up and across the south- President offered up some constructive served in all three branches of the Fed- western border. What is really immoral ideas about what that might be: re- eral Government. She clerked for Jus- is to stand by and do nothing and building America’s infrastructure, tice Clarence Thomas on the Supreme watch 70,000 Americans die of drug making healthcare and prescription Court and Judge Harvie Wilkinson on overdoses last year alone, with a sig- drugs more affordable, and, finally, the Fourth Circuit. She served as an nificant amount of that due to opioid eliminating the scourge of HIV over Associate Counsel and Special Assist- addiction, including the 90 percent of the next decade. ant to President George W. Bush, and the heroin that comes into the United I remember being at the dedication she has also worked here in the Senate States from Mexico. To me, that is the of the George Bush Library at SMU a as a counsel for the then-chairman of immorality, not some fence or wall or few years ago, when they had all the the Judiciary Committee, our friend, pedestrian bridge or whatever the living Presidents speaking at that dedi- Orrin Hatch. physical barrier may be. cation. President Jimmy Carter, sur- Suffice it to say that she has a vast I agree with those who were polled in prisingly—to me, anyway—applauded understanding of the workings of the the CBS News poll who believe that President George W. Bush for saving Federal Government, as well as the what we heard last night from the millions of lives in Africa as a result of rulemaking process. In a court that President was a strong message in his the PEPFAR program, providing new, frequently hears challenges to Federal second State of the Union address. incredible drugs to help reduce and regulations, her unique experience and Since President Trump took office 2 eliminate the scourge of HIV in Africa. knowledge of administrative law will years ago, the American people have The President now wants to do that in be an incredibly valuable asset. seen real results and a shot of adren- the United States, and I applaud him Unsurprisingly, I am not the only alin has been given to our economy, al- for it. one who holds that view. Two dozen lowing millions of Americans to get To address these and other countless former Supreme Court clerks who back to work. challenges before us, the President worked alongside Ms. Rao sent a letter Yes, our economy is booming. We stressed the need for unity. As much as to the Judiciary Committee touting have gotten our optimism and con- we would like to, nobody gets every- her qualifications. They noted: fidence back again. Wages are on the thing they want in Congress. In a coun- Many of us have worked in government, at rise. People are getting to keep more of try where democracy prevails, we know both federal and state levels, some for Demo- what they earn, and middle-class that means that we are going to have crats and some for Republicans. Americans are seeing their paychecks to negotiate and compromise, but there They went on to say: expand. are 80-percent solutions that when we While our professional and personal paths We have heard the remarkable statis- see them, we ought to grab them. Just have thus diverged, one of the things we tics that people who have disabilities turning on the news or social media, it have shared is admiration for Neomi. We are are now reentering the workforce be- is easy to think there is more that di- confident she will serve our country well on cause there is such demand for workers vides us than unites us as a country, the D.C. Circuit. that even people who previously but the President reminded us that We have seen similar letters from her weren’t able to find work are now able citizens of goodwill share the same classmates at both Yale and the Uni- to get that work. goal, and that is to build a stronger versity of Chicago Law School, as well Yes, in addition to the low unemploy- and better America. as from her former students. ment rate, we are seeing minority un- As the President said last night: Adding to the list of her glowing rec- employment and African-American and There is a new opportunity in American ommendations, Ms. Rao has received a Hispanic unemployment lower than it politics, if only we have the courage to seize unanimous ‘‘well qualified’’ rating has ever been in recorded history. You it. Victory is not winning for our party. Vic- from the American Bar Association. would think that would be something tory is winning for our country. My colleagues, Senator SCHUMER from that people would want to applaud on a I hope all of us will answer the Presi- New York and Senator LEAHY from bipartisan basis. dent’s call to work together to respond Vermont, once referred to this rating But time and again, we saw our to the better angels of our nature and as ‘‘the gold standard by which judicial friends across the aisle last night sit- to build on the successes of the last 2 candidates are judged.’’ ting on their hands with a grim and years for the benefit of all the Amer- But despite her outstanding quali- sort of discontented look on their face. ican people. fications, Ms. Rao has faced some un- That is another reason why I think so NOMINATION OF NEOMI RAO convincing attacks by opponents of many people believe that Washington, Mr. President, yesterday, we had the this administration. I am convinced DC, and what happens here and the pol- Judiciary Committee hold a hearing to that some of our colleagues would op- itics that take place here are com- consider an important nomination, and pose any judicial nominee by this

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Those are the kinds of probing ques- tled: ‘‘Dems hope to draw blood from I hope our colleagues can look objec- tions we ask. potential Trump SCOTUS pick.’’ What tively at these endorsements and all I hope that when my friend from they were referring to, I assume, is she has accomplished during her career Texas mentioned that some of us seem that Ms. Rao, as qualified as she is and rather than follow the radical voices to—that many of us on this side of the nominated for the court of appeals, down some rabbit trail. I believe Ms. aisle will not vote for any nominee once confirmed, she could possibly in Rao is exceptionally qualified for a from this President, I certainly hope he the future be a candidate for the U.S. seat on the DC Circuit Court, and I wasn’t referring to me because I have, Supreme Court. So the goal is to rough thank her for answering the call to in fact, voted for a number of those her up now, tarnish her reputation the serve despite the divisive political nominees. best you can, in preparation for that times in which we live. S. 47 potentiality in the future. S. 47 Mr. President, having clarified that, I This is not entirely surprising, but it Mr. President, on a final matter, I want to talk about the Natural Re- is regrettable. Before we even had a am pleased that the Senate will begin sources Management Act that is com- chance to hear from the nominee and consideration of the Natural Resources ing before us. This is a great example discuss her qualifications for a circuit Management Act. This package con- of what the Senate can accomplish court seat, some on the other side are tains more than 100 individual land when we come together on a bipartisan sharpening their claws, and the special bills that enjoy broad bipartisan sup- basis to get things done. interests are unfairly trying to under- port, with nearly 90 Senators cospon- Although we certainly have disagree- mine her nomination. This war being soring various components. I believe ments on energy and climate policy, a waged against Ms. Rao is not because the bill will create positive changes at broad bipartisan consensus supports she is unqualified for the job, but it is the State, Federal, and local levels by strengthening and expanding conserva- because some fear her commitment to improving public lands management tion programs like the Land and Water Conservation Fund—better known as the rule of law and speculate, as I said, and allowing for greater public use of LWCF—a program whose trans- that someday she might be a nominee America’s beautiful landscapes. to the U.S. Supreme Court. I have worked with my colleague formative impact is felt in every State in the country. A Wall Street Journal editor last Senator CRUZ and members of the Over the past 50 years, the LWCF has week warned that Ms. Rao might get Texas delegation in the House to en- provided nearly $250 million in funding ‘‘Kavanaughed.’’ That is a new verb. It sure that two bills we introduced last for Hawaii to protect some of its most used to be called to get ‘‘Borked,’’ after Congress were included. cherished public spaces, including Ha- Robert Bork. But of course, they said First, the Lake Fannin Recreation waii Volcanoes National Park, Hanalei she could get ‘‘Kavanaughed’’ because Area Conveyance Act would reduce the National Wildlife Refuge, and the Ala of her writings in college newspapers Federal estate in Texas and restore Kahakai National Historic Trail. more than two decades ago. So the local control of more than 200 acres in LWCF funding has also gone toward term ‘‘Borked’’ has now been sup- Fannin County. The residents of protecting State and private forests, as planted by the term ‘‘Kavanaughed’’ as Fannin County know better than the well as efforts to protect our native a description of the scorched earth tac- Federal Government how to care for species and watersheds. tics of the radical left. the land, and this will allow them to I saw the benefits firsthand last April A young conservative at the time, utilize this land for public recreation when I joined Keith Unger and his fam- her biweekly column for the Yale Her- purposes. ily for a blessing ceremony to mark the ald was called ‘‘Against the Current,’’ Also included is the Red River Gra- sale of the McCandless Ranch to the and it challenged the politically cor- dient Boundary Survey Act, which will U.S. Fish & Wildlife Service. Financed rect, although poorly reasoned, views protect private property along the Red through the LWCF, the $22 million pur- of some of her classmates at the liberal River, which separates Texas from chase significantly expanded the Ivy League school. I guess, when you Oklahoma. This will deliver certainty Hakalau Forest National Wildlife Ref- consider what happened to Brett for Texas families who live and own uge on Hawaii island. Kavanaugh, at least we moved on from land along the Red River that the Fed- After a slow, 45-minute ascent up the high school yearbooks now to things eral Government has no rightful claim slopes of , I saw a beautiful that somebody has written in college. I to their property. property that the McCandless family don’t know whether that represents I am glad we will have the oppor- had faithfully stewarded over six gen- progress or not. tunity to vote on this package, which erations and 100 years. According to Ms. Rao has said repeatedly, how- will make responsible changes to Fed- Keith, the property’s forests ‘‘represent ever, that she no longer holds the same eral land management and benefit Tex- some of the most intact and pristine views she held more than 20 years ago. ans. native forests in the state and provide That is called growing up and matur- Mr. President, with that, I yield the habitat to many of Hawaii’s unique ing. In any event, she said she wouldn’t floor. flora and fauna.’’ substitute her personal views for the The PRESIDING OFFICER (Mr. ROM- During the time I spent with Keith laws of Congress or the precedents of NEY). The chair recognizes the Senator and his family, their passion for the the Supreme Court. Of course, the flim- from Hawaii. land and the plant and animal species sy suggestion is that these articles are NOMINATION OF NEOMI RAO that call it home was quite evident. enough to deny her a seat on the Fed- Ms. HIRONO. Mr. President, as a fel- Keith shared his family’s efforts to eral bench. The left’s attempt to block low member of the Judiciary Com- conserve and rehabilitate the alala— this qualified nominee by any means mittee, along with my colleague from the critically endangered Hawaiian necessary reminds me of a comment Texas who just spoke, it is not our job crow. The McCandless Ranch was the made by Judge Kavanaugh during his as members of this committee to cast last place the alala was seen in the confirmation hearing. aspersions on the motives of those of wild. He noted that many members of the us who ask probing questions of judi- In the late 1990s, the McCandless committee are taking our job of ‘‘ad- cial nominees for lifetime positions. Ranch entered into a conservation vice and consent’’ to mean ‘‘search and Many of these nominees have very partnership with the Fish & Wildlife destroy.’’ We have before us a highly strongly held and long-held views on a Service to protect the alala. When qualified nominee with an almost un- number of issues that may come before Keith decided to sell a portion of his paralleled understanding of adminis- them as judges, and the probing ques- land years ago, he wanted to find what trative law. She has received positive tions we ask go to whether they can he called a ‘‘like minded buyer, some- remarks from the American Bar Asso- separate their ideological and personal one who would continue our legacy of

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.015 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S886 CONGRESSIONAL RECORD — SENATE February 6, 2019 conservation and well managed forests. Most recently, the Forest Legacy More adults in Hawaii and across the This was easier said than done. The Program helped facilitate the acquisi- country will have their own trans- majority of our buyer prospects were tion of the Helemano Wilderness Area formative experiences if we pass this loggers or developers.’’ Keith and on Oahu. This land includes high-qual- legislation. McCandless Ranch began talking with ity native forests that are home to the The Natural Resources Management the Fish & Wildlife Service about sell- endangered Hawaiian hoary bat and a Act also includes legislation Senators ing a portion of their property to add watershed that is a primary source of MURKOWSKI, CANTWELL, and I passed to the national wildlife refuge. drinking water for one-third of the peo- last Congress to improve our country’s Through his past experience working ple on Oahu. capacity to monitor and respond to with the Agency, he ‘‘knew that their Program funding will facilitate volcanic activity across the country. conservation philosophy aligned with invasive species’ removal and reforest- Last year, the Hawaii Ob- ours.’’ ation. It will also provide public access servatory, HVO, was instrumental in The Fish & Wildlife Service began to hunting and camping areas, which studying and responding to the 3- seeking money to acquire the property are limited on Oahu. Oahu is the island month-long eruption of Kilaeua on the in 2011 and made it their top priority on which the majority of the people of Big Island. The eruption devastated a for acquisition in the Pacific region for Hawaii live. Eighty percent of the peo- number of communities, destroying fiscal years 2013 through 2015. Funding ple live on Oahu. more than 700 homes and displacing to acquire the McCandless Ranch be- Forest protection and conservation thousands of people, including United came possible because of the collabo- are particularly important as we face States Geological Survey staff and sci- rative work to develop the State of Ha- the threat of catastrophic climate entists who operated out of the HVO waii’s ‘‘Island Forests at Risk’’ pro- change. Protecting these lands and for- facility in Hawaii Volcanoes National posal. Developed through engagement ests can help mitigate climate change Park. with a wide range of stakeholders, ‘‘Is- by absorbing carbon dioxide, cooling Over the coming months and years, land Forests at Risk’’ was a com- the Earth, and regenerating our water- impacted homes, farms, and even the prehensive proposal to protect endan- sheds. observatory will need to be rebuilt. Aside from helping mitigate climate gered or threatened species, safeguard At the same time, it will be critically change, the LWCF provides numerous water resources, improve ecosystems, important to have the most updated downstream benefits to local econo- and preserve Native Hawaiian cultural monitoring and communications tech- mies. In 2003, for example, the LWCF resources. This proposal included a nology to alert and protect impacted funded the $22 million addition of number of land acquisitions to add to communities from future events. Kahuku Ranch to Hawaii Volcanoes existing national parks and wildlife Our legislation will unify and con- National Park—almost doubling the refuges in Hawaii, including the nect the Hawaiian Volcano Observ- park’s size. atory with the other four observatories McCandless Ranch addition to Hawaii Volcanoes National Park is a across the country into one national Hakalau. pillar of our tourism economy in Ha- volcano early warning system. In addition to Federal land manage- waii. It contributes nearly half a mil- ment agencies such as the National It will also create a volcano watch of- lion dollars every day—or $166 million fice that will operate 24 hours a day, 7 Park Service, the Fish & Wildlife Serv- annually—to the economy and attracts days a week, to provide continuous sit- ice, and the Forest Service, ‘‘Island approximately 2 million visitors per uational awareness of all active vol- Forests at Risk’’ incorporated input year. That is just one park—Hawaii canos in the United States and its ter- and perspectives from Hawaii’s State Volcanoes National Park. agencies, such as the Department of Aside from the LWCF, Hawaii Volca- ritories, including Kilauea and Mauna Land and Natural Resources, local or- noes National Park has also benefited Loa volcanoes on Hawaii island. Our legislation will also create a ganizations, such as The Nature Con- from programs and organizations like servancy Hawaii and The Trust for KUPU that educate and inspire youth grant program for the research and de- Public Land, and local landowners, to become stewards of our natural re- velopment of emerging technologies for such as Keith Unger with the McCand- sources. KUPU provides hands-on our volcano monitoring. During yesterday’s cloture vote, the less Ranch. training for youth in the areas of con- Beginning in fiscal year 2016, after servation, sustainability, and environ- Natural Resources Management Act many meetings between myself and the mental education. It has also placed earned the support of 99 out of 100 Sen- principals overseeing the LWCF pro- youth workers within various units of ators. I don’t know what happened to posals, Hawaii’s land acquisition with- the National Park System in Hawaii to that lone Senator, but we need to bring in ‘‘Island Forests at Risk’’ began to conduct trail repair, vegetation man- that person in. I am eager to vote on receive Federal funding. Between fiscal agement, interpretation, et cetera. its final passage as soon as possible. years 2016 and 2018, nearly $40 million The 21st Century Conservation Serv- I yield the floor. was awarded to acquire land to add to ice Corps bill included in the Natural The PRESIDING OFFICER. The Sen- Hawaii Volcanoes National Park, Resources Management Act that will ator from Wyoming. Haleakala National Park, and Hakalau come before us supports programs like FAIRNESS FOR EVERY DRIVER ACT Forest National Wildlife Refuge. KUPU that seek to nurture the next Mr. BARRASSO. Mr. President, In addition to facilitating the pur- generation of environmental stewards. today U.S. taxpayers are subsidizing chase of land such as the McCandless In testimony before the Energy and the electric car industry. The cost to Ranch, the LWCF also funds the Fish & Natural Resources Committee last these taxpayers is billions of dollars, Wildlife Service’s Cooperative Endan- Congress, KUPU CEO John Leong and the subsidies have lasted now for gered Species Conservation Fund. In spoke to the transformative impact of nearly 30 years. Hawaii, we have over 500 threatened participating in a conservation pro- In 2008, Washington added a tax cred- and endangered species—more than any gram. He cited two inspiring examples it for purchases of electric vehicles. other State. One-third of all endan- of Corps members who have gone on to The market was very small at that gered birds in the United States are do meaningful work in the environ- time, and it was worth encouraging found in Hawaii. LWCF funds are es- mental and conservation space. He that market, but today the electric sential for protecting and reintro- shared the story of John Brito from market for vehicles is well established. ducing these species, including the Molokai, who was awarded the White The auto industry no longer needs alala. House Champion of Change Award in these pricey subsidies for electric vehi- The LWCF also funds the Forest Leg- the years following his participation in cles, and I believe it is time to pull the acy Program, which helps States and KUPU programming and who has since plug on subsidies for electric vehicles. private owners protect and enhance chosen a career in conservation. An- Leading manufacturers, including forest habitats. The program has lever- other KUPU Corps participant, Justine General Motors, Ford, and Volkswagen, aged over $22 million of Federal fund- Espiritu, recently helped to launch have announced plans to massively in- ing for Hawaii’s forests over the past 50 Honolulu’s popular and revolutionary crease investment in the electric vehi- years. Biki bike share. cle market. Global automakers are

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.017 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S887 promoting electric car luxury brands, Ending the electric car subsidies isn’t in time, there is a reason we have a such as Bentley, Aston Martin, just about saving taxpayers dollars, it policy that encourages people to buy Maserati, Porsche, and Cadillac, but is about our shared responsibility to electric-powered vehicles. There is a with these new electric vehicles com- maintain our highway system. The reason we have a tax policy and other ing to the market, the subsidy program highway trust fund is depleted. The policies to encourage people to buy is going to continue to run at an enor- highway trust fund pays for road and fuel-celled powered vehicles that are mous cost to American taxpayers. bridge projects. Its main source of fueled by hydrogen. The reason why is Congress first passed legislation to funding is the Federal gas tax. because we have way too much carbon provide subsidies for electric car buy- Drivers of gas- and diesel-powered ve- dioxide in the air, and it is creating ers back in 1992. The purpose was to hicles pay this tax every time they pull great challenges for these young pages temporarily support a promising, envi- up and fill up at the pump. Electric car who are sitting down here at your feet, ronmentally friendly market. For dec- drivers never pay these fees. Although Mr. President. They have a planet to ades now, Washington expanded this a Tesla puts as much strain on the worry about. I will be around for program of tax credits. At the same highways as a Ford Focus, the Tesla maybe 30 years or more, but I will not time, many States enacted similar sub- driver pays next to nothing to fix the be here in the Senate, I assure you, for sidies. roads. 30 years or more. They are going to be Between 2011 and 2017, electric car Without congressional action, the around here for, gosh, 70, 80, 90 years or buyers received more than $4 billion in highway trust fund will be exhausted more, and they have to worry about Federal credits alone, costing tax- by 2021. This legislation ensures all this planet, and we have to worry payers up to $7,500 for each vehicle. drivers pay their fair share to improve about this planet for them and for our This program disproportionately sub- America’s roads. It establishes an an- own kids and, eventually, hopefully, sidizes wealthy buyers because nearly nual highway user fee for these alter- for my wife and me, our grandchildren. 80 percent of the tax credits go to native fuel vehicles. Comparable to the We want to make sure they have a households earning at least $100,000 a gas tax, this user fee will result in bil- planet to live on and to grow up on, year. Well, these car buyers don’t need lions of dollars over the next decade to and we have way too much carbon, and a taxpayer subsidy. fund needed road projects. if we are not careful, it is going to con- The program has served its purpose, All drivers use the roads. All drivers tinue to get worse rather than better. and I say that because today a million should contribute to maintaining Here recently, just in the last several electric vehicles travel our highways. them. Electric cars are here to stay. months, we have had 13 Federal Agen- The global demand for electric vehicles The market is poised for growth, with cies that have come together to say the is rising as well. Now nearly every or without the subsidies. Congress situation is even more dire with re- automaker is entering the market. In should pull the plug on this program. It spect to the threat of climate change, fact, the U.S. Energy Information Ad- is time to end this subsidy. It is time global warming, severe weather than ministration projects that sales of to stop wasting taxpayer dollars, and it we thought. A month or so before that, light-duty electric vehicles will reach 4 is time to level the playing field for all an arm, if you will, of the United Na- million vehicles by 2025. So here is exhibit A. This past week- drivers when it comes to repairing our tions had a similar kind of report, and end was Super Bowl weekend. They had roads and bridges. the forecast was equally daunting and so many commercials, and it cost It is time to pass the Fairness for really frightening. about $5 million to run an ad during Every Driver Act. So the reason we are trying to en- the Super Bowl. Well, the automaker I yield the floor. courage people to buy electric-powered The PRESIDING OFFICER. The Sen- Audi ran a commercial saying that by vehicles and to buy hydrogen-powered ator from Delaware. 2025 one-third of their cars—one out of vehicles is to reduce carbon in the air. Mr. CARPER. Mr. President, I am de- every three cars—will be an electric ve- Why do we care about cars, trucks, lighted to follow on the floor the chair- hicle. So I use that as exhibit A to say vans, and their emissions? The largest man of the Environment and Public this market is firmly established. As a source of carbon emissions in this Works Committee, who is now has- matter of fact, this market is posi- country today is not coal-fired utility tioned for expansion—which means so tening for the exit before I can say nice plants. It is not cement plants. It is not will the cost of subsidies. I believe it is things about him. I want to say he rep- our buildings. It is our vehicles, our time to take taxpayers off the hook. resents Wyoming. We have a place mobile sources, and so that is why we I have introduced legislation, the called Wyoming in Delaware just south focus on these issues. Fairness for Every Driver Act, and it is of Dover—Camden Wyoming—and I go The question of whether we need tax to end the electric vehicle subsidy pro- there every week, just as he goes home incentives forever, permanently, for gram. My legislation has three key to Wyoming every week. electric vehicles, I think you can argue goals; first is to the save taxpayers bil- His colleague from Wyoming is MIKE we probably don’t. The battery tech- lions of dollars through the subsidy ENZI, whom our new Presiding Officer, nology in this country and this world is program; second is to help maintain a former Governor, is well familiar getting better and better. our aging roads and bridges; and the with. MIKE ENZI had something called I just want to say to the Presiding third is to reduce wasteful Washington the 80–20 rule, and the 80–20 rule goes Officer who was from Massachusetts spending. According to the Manhattan something like this. I used to ask him: and was the Governor there for a num- Institute, ending this subsidy will save How do you get so much done with Ted ber of years, there is a company taxpayers an estimated $20 billion dol- Kennedy on the HELP Committee, that there—and I think they are still in the lars—$20 billion. you now serve on, Mr. President, and Cambridge area—A123 battery, and The electric car market can thrive he said: Ted and I agree on 80 percent they are one of the earlier pioneers in without Washington subsidies. We see of the stuff. We disagree on 20 percent battery technology for vehicles and it is thriving. It is growing. Nearly of the stuff. He said: Ted and I focus on others. every State now provides its own sub- the 80 percent where we agree and we My son actually was offered an in- sidies and added incentives. set aside the other 20 percent to an- ternship there when he was at MIT one California even mandates the per- other day. summer. So we have been interested in centage of cars that must be zero emis- So I want to just talk about the 80 this industry for quite some time. sion. This category is almost exclu- percent Chairman BARRASSO and I I go to the Detroit Auto Show just sively electric vehicles. In 2017, Califor- agree on and then maybe the 20 percent about every year. People ask: Why do nians purchased 95,000 electric vehicles. we can agree to disagree until another you go to the Detroit Auto Show? Up Now, residents in my home State of day. I appreciate your staying here, until about 6, 7, 8 years ago, Delaware Wyoming, where distances are long and but you don’t have to. I know you have built more cars, trucks, and vans per recharging stations are few, purchased better things to do than to listen to capita than any State in the Nation. only 51. Hard-working Wyoming tax- me. Think about that. More cars, trucks, payers shouldn’t have to subsidize Something that is being lost in this and vans per capita than any State in wealthy California luxury car buyers. conversation is, at least to this point the Nation.

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.018 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S888 CONGRESSIONAL RECORD — SENATE February 6, 2019 We had a plant at one So you put that in sort of the mix. I The good thing about it is, we can do time—4,000 employees in Newark, DE, think not just as Americans but as in- more about it and create economic op- near the University of Delaware. We habitants of this planet we want to re- portunity. We can reduce bad emissions had a GM plant—4,000 employees at one duce carbon emissions from the largest from cars, trucks, and vans and create time,—very close to Wilmington, DE. source of carbon emissions on our plan- economic opportunities. We lost them both, like that, at the et—mobile sources. The auto industry in this country has bottom of the great recession when Among the incentives for that right basically let it be known that they Chrysler and GM went into bank- now—I am looking for a new car. would like to see the regulation put in ruptcy, which was a huge blow to the In my minivan, my Chrysler Town & place by the Obama administration economy of a small State, as you can Country, which I bought the year I about 3 years or so ago on fuel effi- imagine. stepped down as Governor, I just went ciency standards for cars, trucks, and The reason I used to go to the auto over 498,000 miles this week. I promised vans. The auto industry says: You show all the time in Detroit was so I my wife that I would buy a new vehicle know, we would like to have some would know whoever was running GM, when this one went over one-half mil- flexibility on those standards so that I would know who was running Chrys- lion miles. I want it to be an electric the monitor requirement gets more ler, so that if they ever thought about vehicle, and I want it to have a great stringent going forward under the closing our plants, we would have distance between charges. I want to Obama regulation. Other companies somebody to call and to go see and say: make sure we have a lot of charging have said they would like to have You don’t want to do that. We lost stations around, not just in Delaware greater flexibility in the near term, them both at the bottom of the great but all over the country, so I can refuel maybe 2021 to 2025, and the Obama reg- recession. that baby when I save enough money to ulation was silent after the year 2025. The reason I tell that story is to ex- buy it. They said: We would be willing to han- We have this tax credit in place for plain why I have an interest in the De- dle greater, more rigorous standards the first people who buy these cars, and troit Auto Show. Eleven years ago at going forward after 2025, but give us then, basically, we need to make sure the Detroit Auto Show, at the begin- flexibility in the near term. ning of the auto show on Monday—it is we have an investment tax credit I think that is not a bad idea. They around for a good while, and maybe about a 5-day event—they have what say that if we will do that, they can phase it out over time, in order to en- they call the reveals, and they show all avoid a lawsuit with California and 12 courage people and businesses and so the new cars and the concept cars and other States that want to make sure forth—like Wawa, for example, and everything, all the new technology. California and other States have the other gasoline stations—so they will be Eleven years ago, the car of the year ability to set their own fuel efficiency putting in their own money to put in was a Chevrolet Volt, V-o-l-t. The mileage requirements. those hydrogen fueling stations and Chevrolet Volt is a classic hybrid. You The auto industry doesn’t want to be the electric charging stations. get about 38 miles per gallon on a Why is this important? Here is why it involved in litigation with California charge, and then it ran on gasoline for is important. We used to measure our or anybody else in the next 5 years. the rest of maybe 300 miles. That was rainfall in the country by the inch; we They ought to have certainty about the car of the year, and they sold a now measure it by the foot. I was the fuel efficiency standards their cars, number of them but not huge num- speaking with a farmer earlier today, trucks, and vans are going to have to bers—not huge numbers. and he told me that last year in Dela- meet in the years to come. The reason Ten years later, about a year ago, the ware we had twice as much rain as we is that they need to make huge invest- car of the year was the Chevrolet Bolt, normally have. They planted their ments, and they need a long lead time B-o-l-t. The Chevrolet Bolt is a classic crops in the spring. We raise a lot of for these investments. They are com- electric vehicle, and it gets about 140 soybeans and corn in Delaware. They peting in an international marketplace miles—or it did at the time when it planted a good crop in spring, and it against the rest of the world. The rest was debuted—about 140 miles on a was washed out. They came back after of the world is going to be willing to charge, and now more than that, I it dried out and planted a second crop produce very efficient electric-powered think. again, and a couple weeks later, it got and hydrogen-fueled cars, and they When I was at the Detroit Auto Show washed out from the rain, and again want to be able to compete with them. last month, we saw electric-powered the third time. Finally, they just kind So here is a situation where we can vehicles from American car companies, of gave up. They gave up, and that is do good things for our planet—clean Korean car companies, Chinese compa- not a good thing. our air with respect to climate nies that get up to 250 miles per We had wildfires out in the great change—and we can do good things for charge—250 miles per charge. That is Northwest—Northern California, Or- the auto companies. encouraging. What it is going to do is egon, Washington, Montana—this last (Mr. SCOTT of Florida assumed the encourage a lot of people who hadn’t year that were bigger than my State of Chair.) even thought about buying them to do Delaware. I see our new Presiding Officer, who that. Right here in Ellicott City, in Mary- just slipped into his seat. He used to be One of the reasons folks are still re- land, where they have—have you heard a Governor, and he used to do a lot of luctant to buy them is because when of the term ‘‘100-year flood’’? A 100- customer calls in Florida. I have done you drive around the country and you year flood is something that occurs a lot of customer calls in Delaware, have your electric vehicle or a hydro- about every 100 years. A 500-year flood asking my businesses three questions: gen-powered vehicle for a fuel cell, is something you would expect to occur How are you doing? How are we doing? when you are driving around, you need every 500 years. In Ellicott City, MD, What can we do to help? a place to refuel and to recharge, and in the last year or so, they had two When I ask the auto manufacturers you can’t take the time—well, I have 6 1,000-year floods. Think about that. what we can do to help, they say: Don’t hours to recharge my battery. People These are floods that are supposed to get rid of the electric vehicle credit. don’t want to do that. They might be occur every 1,000 years. They had two The idea of phasing it out over time willing to spend 30 minutes to do that of them in 18 months. That is not good. might be OK—not overnight but over and grab something to eat, but they It is not just Ellicott City; it happens time. want to be able to recharge their bat- in other places as well. We have had The other thing is to make sure we teries conveniently. They may want to more category 5 hurricanes than we put in place investment tax credits for refuel with hydrogen conveniently, but have ever seen. I think the last 4 years fueling stations for hydrogen and we don’t have nearly enough places have been the hottest 4 years on our charging stations for electricity. around the country. We are trying to planet. We know that climate change is The current administration does not create new corridors, densely populated happening, and this is real. We see the take the threat of climate change and corridors, places to recharge batteries vestiges every day, and we need to do severe weather as seriously as the rest and to refuel hydrogen tanks, but we something about it and continue to do of us. In my State we see it every day. have a lot of work left to do. more about it going forward. Delaware—which, you know, may be 70,

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.019 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S889 80 miles to our east—is the second Chamber of Commerce—is a regulation and American technology creates smallest State. I like to say it is the from the last administration that was American jobs. 49th largest State in America. But we actually promulgated in 2012. It is We need to adopt and pass a treaty in are sinking, and the seas around us are called MATS, mercury and air toxics this country called the Kigali treaty, rising. If you go down the east coast as standards. The mercury and toxics which makes it clear that the current far as Florida, you will find that in standards regulation, basically put in HFCs, which are coolants for refrig- Florida, especially southern Florida, place in 2012, says to the utility indus- erants, are still a problem, but they they have similar kinds of problems try: You have to reduce your emissions can be phased out, and this new tech- and concerns. This is real. of mercury by 2050. nology by American companies can be What should we do about it? Well, Why do we care about mercury emis- phased in to take its place. This in- the current administration should not sions? Because if you are a pregnant volves job creation in this country. We lead a fight, in my judgment, to get rid woman and you ingest fish with large are not talking about a couple of hun- of the current regulations that I de- amounts of mercury, you may do seri- dred jobs; we are talking about thou- scribed earlier and put in its place a ous damage to your unborn child. It sands of jobs—good-paying jobs in this regulation that basically says there can also do serious damage to the life country, bringing economic value to will be little to no increase in fuel effi- of the woman, but the real concern is American companies—not measured in ciency standards as we go forward. I brain damage for unborn children be- millions of dollars but billions of dol- just don’t think that is smart, and, in cause of high levels of ingestion of lars every year. It is there for us. the auto industry, that is not what mercury by pregnant women of child- This is a situation in which Amer- they are asking for. They are asking bearing age. ican technology can do good things for for near-term flexibility, longer term We are not talking about something our environment, for our atmosphere, certainty, and more rigorous stand- that affects 100 or 1,000 women a year. for our air, and at the same time create ards. They think that would be good We are not talking about tens of thou- jobs, American jobs using American for their bottom line, and they could sands but literally hundreds of thou- technology. sell more vehicles. sands of people who are at risk. So we I might mention one more, some- We had a committee hearing yester- have in place a MATS mercury and air thing called—and I just want to say day—actually a markup and business toxics rule. It was adopted in 2012. The that the EPA is standing in the way of meeting in the Environment and Pub- utility companies initially said: Well, the administration’s submitting for lic Works Committee for the nomina- we don’t like that. We don’t want to do our approval in the Senate this treaty tion of Andrew Wheeler to be the Ad- that. called the Kigali treaty. Apparently, ministrator of the EPA. We haven’t Guess what. They did—and at one- the State Department wants to submit had a Senate-confirmed Administrator third of the cost they expected. It was the treaty for our consideration. The for just over—about 1 year, maybe a implemented more quickly than they Commerce Department wants to sub- little more than 1 year. expected, and the health benefits are mit the treaty for our administration, Scott Pruitt was the first EPA Ad- greater than they expected. and the EPA is standing in the way. I ministrator for this administration— Now the utility industry, including don’t really understand why, but before not a friend to the environment and the rural electric co-ops, including we move expeditiously on the nomina- someone who turned out, I think, to be their trade association for utilities, tion of Mr. Wheeler, the administration ethically corrupt. He is gone, and An- chamber of commerce, National Asso- should say: OK, we are not messing drew Wheeler is the Acting Adminis- ciation of Manufacturers, a whole host with the treaty. trator; he was the assistant adminis- of environmental groups and clean air Most of the administration thinks trator. He has been nominated by the groups—everybody said: Well, we know they ought to submit it, and, frankly, President to be the Administrator for this MATS rule, the mercury and air so do the rest of us. It is one of those the EPA. toxics rule we are familiar with, and deals, again, that is good for environ- I didn’t realize this a couple months we are complying with it. It is OK. ment, good for public health, creates ago, but when somebody is in a posi- Leave it alone. jobs—win-win. tion like this, when they are the assist- The current administration wants to The last one I want to mention is ant administrator—in this case the take some steps that would really un- PFOA. I wish I can tell you what it EPA—and the person who leaves as the dermine the ability to uphold that 2012 stands for, but it is a long name. One of Administrator leaves a vacancy, the regulation in a court of law. They are the things we found out is that in President can appoint the assistant ad- saying they are not doing that, but ac- places where we have military bases— ministrator as the Acting Adminis- tually that is the effect of what they where we have firefighting equipment trator. It is kind of like a promotion are trying to do. for planes, air crashes and so forth, and but in an acting form. That is good for In order to move expeditiously on the we use that type of firefighting equip- 210 days. Sometimes you may have a nomination of Andrew Wheeler to be ment—sometimes the water runs off situation in which someone is not the the Administrator of EPA, we want to the tarmac, off the runways and the assistant administrator of the EPA or make clear that the mercury and air parking areas, and it gets into ground- an Agency but is just plucked out of toxics standards rule does not go away. water and creates problems with our the air by the President and plopped in We are going to comply with what the drinking water. These are substances as the Acting Administrator. That per- industry has asked us to do. that are known carcinogens, and we son doesn’t have 210 days—a period in The third front I will mention is have seen in places around the coun- which they can stay there and do the HFCs—we are really good with acro- try—including places like West Vir- job as Acting Administrator. Andrew nyms—hydrofluorocarbons. We have re- ginia, where I was born, and North Wheeler does. For all intents and pur- frigerants, and we all have air condi- Carolina, where my wife is from—this poses he will be the Administrator in tioning in our cars and homes—most of is a real problem. We are not saying— an acting capacity for 210 days. us. We used to use perfluorocarbons in nobody is saying, at least to my knowl- So we are saying to the administra- the cooling systems, in our refrigerator edge—that it ought to be completely tion, to our colleagues on the Environ- systems. They have created real prob- banned. This family of elements, the ment and Public Works Committee, lems for the environment and the at- PFAS and PFOA—we are not asking there is no real need to rush through mosphere. for a ban; we just want a clean water the nomination until we resolve our The follow-on product was called drinking standard established by the differences in a couple of areas, and one HFCs, hydrofluorocarbons. We found EPA. That is what we want in 2 years— of those areas deals with emissions this was better for the atmosphere, not today, not tomorrow, but in 2 from mobile sources, the greatest better for the environment—but not years, creating clean water so that peo- source of carbon in our air. great—and American companies, Amer- ple can be protected. Another issue we have a lot of inter- ican technologies have come up with Those are four things we are asking est in—the automobile industry does; another product to replace HFC. That for the administration to take action so does the utility industry; so does the form of technology is American-owned, on and to make clear. To the extent it

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.021 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S890 CONGRESSIONAL RECORD — SENATE February 6, 2019 does, we are then prepared to move for- pair of analysts at the Pentagon. Their I remind my colleagues and the ward on the nomination, right here, for efforts exposed the Federal money hose American people where Ernie’s earnest- Andrew Wheeler. My guess is, he will that showered unbridled tax dollars ness for truth landed him. The 37th get confirmed, but I think it is impor- over bloated defense contracts. President of the United States referred tant for us to address those particular Ernie Fitzgerald and a fellow named to Ernie Fitzgerald in those infamous issues. Chuck Spinney aren’t household Watergate tapes. You know who that At the end of the day, we will im- names, of course, but their crusade to was—Nixon. In Ernie Fitzgerald’s prove the quality of life for the people fix the fiscal mess at the Department quoting of Nixon, Nixon said: ‘‘Get rid in our country. At the same time, we of Defense has inspired this Senator to of that SOB.’’ Those marching orders will create jobs. That is a great com- conduct robust oversight over the last were delivered after Ernie spilled the bination. It is a real win-win. We can four decades. Ernie’s body of work has beans at a Joint Economic Committee seize the day and win on behalf of our helped me to derail the Pentagon’s hearing on November 13, 1968. He testi- young people and our not so young peo- gravy train. fied before Senator Proxmire’s panel ple. At the same time, we can create a Do you remember back three decades that taxpayers were on the hook for a ago—and there are probably examples lot of jobs and enhance economic activ- $2 billion cost overrun on the C–5 air- today—when there were $450 hammers, ity. We ought to do that. If we do, the craft. For this transgression of truth- $640 toilet seats, and $7,600 coffee pots? EPA will end up with an Adminis- telling, he was fired by the Air Force. trator—one who will be a lot better Those were real items, and those were Let me be clear. Ernie Fitzgerald lost real figures. Those pricetags for spare than the last one. Let’s do that. his job for committing the truth, and parts gave taxpayers sticker shock and I thank the Presiding Officer. that reveals the big-time risk whistle- ought to have for good reason. Ameri- I yield to my friend, the chairman of blowers face even today if they step cans know the price of everyday house- the Finance Committee, Senator forward to expose wrongdoing. hold items. They sure know what a GRASSLEY. Thanks to Ernie’s characteristic re- The PRESIDING OFFICER. The Sen- hammer or a toilet seat costs at their silience, sheer determination, and our ator from Iowa is recognized. local hardware stores. system of checks and balances, Ernie As Ernie Fitzgerald explained, Amer- REMEMBERING ERNIE FITZGERALD got his job back. He filed a lawsuit that icans aren’t expected to know what a Mr. GRASSLEY. Mr. President, I pay made its way through the courts. It B–1 bomber or an F–15 fighter should tribute to an extraordinary American. cost, but when you add all of that up, took a dozen years for him to get his I stand here today to pay my respects you get a boondoggle of ‘‘overpriced job back. On June 15, 1982, Ernie re- to a World War II veteran who dedi- spare parts flying in close formation.’’ turned to work at the Pentagon but in cated his life to public service. Those were Ernie’s words. Ernie’s fiscal the attic of the Pentagon. That was 14 After serving his country in uniform forensics uncovered mountains of mis- years after he testified about the C–5 in the Navy, this gentleman from Ala- matched receipts and invoice gaps that and its $2 billion cost overrun. Al- bama served the American people as a left taxpayers footing the tab for ramp- though Ernie held a very senior posi- civil servant. For more than four dec- ant waste and unchecked spending tion in the Air Force—with the job ades, he was a tenacious watchdog who sprees. Ernie Fitzgerald was a sleuth title of Management Systems Deputy— chased down fraud, waste, and abuse at for truth. His quest gave Pentagon offi- at the Pentagon, he was kept at arm’s the Pentagon. A hero for taxpayers and cials heartburn. His work gave me the length. His job description was spelled a war hero against waste, Ernie Fitz- leverage I needed in Congress to enact out in a court order, but he was never gerald recently passed away at the age an across-the-board spending freeze, allowed to do that job that the court of 92. I, today, sing the unsung praises but I am getting a bit ahead of Ernie’s said he ought to have had. of this remarkable champion of whis- story. That is how whistleblowers are treat- tleblowers. For the record, Arthur Ernest Fitz- ed. You ignore them. You put them in He was a fiercely independent watch- gerald was a patriot, a whistleblower, the attic. They go nuts. He was treated dog. He was one of the rarest of breeds. and a watchdog. He had a heart of gold, as an outcast, as I am sure I am dem- He brought an uncommon devotion to but it was as tough as nails. He out- onstrating to you. He was snubbed by his work. He prevailed against the maneuvered top military brass by get- his superiors and was left to his own muzzles of many of his handlers whom ting down to brass tacks. He was a gen- devices to make a difference. he called ‘‘over-dogs.’’ They used to try tleman’s gentleman who had a big Once again, the genius of our system and silence him. He prevailed over southern drawl and a bone-deep genetic of checks and balances came into play. those muzzles—it didn’t work—because allegiance to the truth. In fact, his al- Ernie was not snubbed by this U.S. when Ernie sniffed wrongdoing, he legiance to the truth was a big bone of Senator. In fact, we discovered we would sink his teeth in and never let contention between him and those on shared a bone-deep genetic aversion to go. He was a bulldog. His superiors the highest rungs of power of the U.S. waste. Like many Midwesterners, I squirreled him away in a farflung cub- Government—from the President of the don’t like to waste time or money. byhole at the Pentagon. Basically, United States to the most highly deco- That is why, as a U.S. Senator, I try to they exiled him to the Pentagon’s rated brass in the U.S. military. Ernie keep a tight-fisted grip on the Federal attic. The big dogs at the Pentagon had uncommon courage to stand up for purse strings. It is why, as a taxpayer didn’t want this watchdog’s work see- the truth at great expense to his ca- watchdog, I take oversight work very ing the light of day. reer. He put integrity and pride above seriously. Every Member of Congress As Americans, we are blessed to have saving his own hide. He spoke truth to has a constitutional duty to conduct constitutional protections for freedom the powers that be, and he lost his job oversight—every Member of Congress. of speech and freedom of the press. for doing it. We need the eyes and ears of whistle- These beacons of liberty worked to As I mentioned, our acquaintance blowers to root out the truth. That is Ernie’s advantage. Our system of started during my first term in the why I want to hear what whistle- checks and balances also helped to Senate. I was awfully wet behind the blowers have to say. make sure wrongdoing was never swept ears. I was a dyed-in-the-wool fiscal As a new Senator in a Republican ad- under the rug. conservative. At the same time, I was ministration, the Reagan administra- Throughout my public service, I have cutting my teeth as a congressional tion, I previously mentioned my pro- paid close attention when I have gotten watchdog. Ernie Fitzgerald, at that posal to enact a yearly across-the- a whiff of wrongdoing. I have learned time, was on a short leash at the Pen- board budget freeze. An across-the- that a pervasive stench is often not far tagon in his having been rehired—can board spending freeze guarantees behind. As a lifelong Iowa farmer, I you believe this?—under court order shared sacrifice. I wanted to make sure know what a load of manure really after having been fired for having it could be done without harming na- smells like. So when I ran into a bit of blown the whistle on fiscal mismanage- tional security, so I needed answers institutional gridlock in my efforts to ment at the Pentagon. That is how from people who could tell the truth. I freeze the defense budget back in the whistleblowers were treated then, and called on the Secretary of Defense at early eighties, I wanted to talk to a they are treated the same way today. that time, Weinberger, and asked if I

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.022 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S891 could talk to a Pentagon budget ana- suming work, but Ernie Fitzgerald’s him who kept their nose to the grind- lyst named Chuck Spinney. I was told, unwavering work ethic was up to that stone to do simply what is right. yes, he could come to my office. task to restore the public trust. Ernie Fitzgerald’s long march for the It turns out the Pentagon didn’t Ernie Fitzgerald never minced words. truth teaches us that it requires con- want Chuck Spinney, a civil servant, He attributed lax procurement rules stant vigilance to weed out a deep- briefing me. At that time, I had an or- and, of course, cronyism as the reasons rooted culture of cronyism, from the ange Chevette, so I jumped in it and the taxpayers were being fleeced, and military-industrial complex to Big drove from the Capitol over to the Pen- he was bound and determined to stop Pharma and elsewhere. tagon. Even then, Chuck Spinney was these shenanigans. As Ernie once said, As cofounder of the Senate Whistle- not allowed to see me. As I watched the ‘‘government officials, from the majes- blower Protection Caucus, I will work Pentagon disappear in my rearview tic office of the president to the lowest, to see that the mission of truthtellers mirror, I thought the Pentagon was sleaziest procurement office, lie rou- is protected for generations to come. I making a mistake, though I didn’t re- tinely and with impunity in the de- will continue to work to strengthen alize the publicity blunder it would fense of the system.’’ sunshine laws, whistleblower protec- turn out to be. What I did know was In 1998, Ernie testified at a congres- tions, and enforcement of the Inspec- that one way or another, this Senator sional hearing I conducted to examine tors General Act. was going to talk to that civil servant, two audits freshly prepared by what The inspector general of the Justice Mr. Spinney, whom the Pentagon was then called the General Account- Department called whistleblowers the didn’t want me to talk to. ing Office. The hearing was called ‘‘Li- ‘‘lifeblood’’ of his organization’s work. Six weeks later, Chuck Spinney testi- cense to Steal: Administrative Over- I completely agree. fied before a standing-room-only joint sight of Financial Controls at the De- I will long remember the genteel hearing of the Senate’s Budget and partment of Defense.’’ southern drawl and the charm of my Armed Services Committees. It was The audits revealed nonexistent in- friend Ernie Fitzgerald. I am glad I was held in the ornate Russell caucus room. ternal financial controls. Basically, the able to visit him in person at the Sun- Chuck Spinney exposed the mis- Defense Department’s bookkeeping rise Nursing Home in Falls Church, managed fiscal mess at the Department system was on auto pilot. It allowed VA. He leaves behind a legacy of truth of Defense. The Pentagon was front- for a freewheeling spending spree. The that ought to encourage every Amer- loading the budget, effectively stuffing absence of basic financial controls fos- ican to stand up for what is right and 10 pounds of manure into a 5-pound tered fraud, outright theft, and mis- what is just. sack. The following Monday, Chuck management of tax dollars. It was a Like many whistleblowers, Ernie Spinney’s photo was on the cover of story of rinse and repeat. Costly ac- Fitzgerald took the road less traveled. TIME magazine. counting errors were masked by a fun- In the words of Robert Frost, ‘‘that has The next time I wanted more answers damentally flawed payment system made all the difference.’’ about ongoing fiscal mismanagement that can’t be audited, even today. In closing, Barbara and I extend our at the Defense Department, I took a Working from within this bureau- condolences to Ernie’s peers, friends, second road trip, in my orange Chev- cratic behemoth, Ernie Fitzgerald de- and family members. I bid this faithful ette, to the Pentagon. This time, I voted his life to exposing the abuse of public servant a fond farewell with a wanted Mr. Ernie Fitzgerald to testify power within the military-industrial Scripture message that he shared with before my subcommittee. Needless to complex. Outsized, but not out- me from time to time. He understood say, the Pentagon didn’t roll out the matched, Ernie Fitzgerald evokes the that when the going got tough, the red carpet for me, but there were about image of David versus Goliath. At the tough got going. To my departed broth- 50 members of the press crammed into height of the Cold War, he helped to er in Christ, may the words of John 8:32 Ernie’s attic cubbyhole to witness this freeze a galactic defense buildup and carry him to life everlasting: ‘‘You U.S. Senator handing Ernie Fitzgerald shielded taxpayers from massive, unac- shall know the truth, and the truth a subpoena. countable expenditures. shall make you free.’’ Courageous truthtellers can make all America owes a debt of gratitude to I yield the floor. the difference, and Ernie was such a this now-deceased Ernie Fitzgerald and The PRESIDING OFFICER (Mr. courageous truthteller. Ernie’s evi- to the brave work of whistleblowers PERDUE). The Senator from Wyoming. dence showed that contracting waste who will follow in Ernie Fitzgerald’s STATE OF THE UNION MESSAGE was bloating defense budgets and not legendary footsteps. These courageous Mr. BARRASSO. Mr. President, last beefing up military readiness. Instead, truthtellers risk everything to shed night we heard from the President of they were padding contractor profits at light on wrongdoing. the United States in his State of the taxpayers’ expense. Ever since I met Ernie Fitzgerald and Union Address. What I heard and what Ernie Fitzgerald’s pursuit for truth is came to know the bureaucratic I know, living in Wyoming and trav- one of the primary reasons I also stonewalling that he fought against, I eling across my State and across the worked to strengthen whistleblower have worked to empower and protect country—is that the state of the union protections. What I like to call com- whistleblowers. Transparency brings is strong. It is strong, and we are mitting the truth often comes with a accountability. strong militarily, economically, and steep price. Since passage of the bipartisan politically. Whistleblowers, like Ernie Fitz- Grassley-Berman updates to the False It is so fascinating to see this growth gerald, put their jobs, their livelihoods, Claims Act way back in 1986, the Abra- that we have in our economy. I remem- and their reputations on the line. The ham Lincoln-era antifraud tool is cred- ber just a few years ago when the new pressure in this bureaucracy and in ited with recovering nearly $60 billion normal for economic growth was stuck this government to ‘‘go along to get back into the Federal Treasury, and below 2 percent. People said: That is along’’ is entrenched in a culture in they are still counting, at an average where we are going to be. both the public and private sectors, of about $3 to $4 billion a year. The De- Well, as a result of tax cuts and regu- but, of course, it is a way of life in the partment of Justice has called it the latory relief, we have had an incredible Pentagon. government’s single, most effective amount of economic growth over the In the late 1990s, I borrowed Ernie for antifraud weapon that it has in its ar- last couple of years. Really, the econ- a couple of years to work in my Senate senal. I am told my amendments effec- omy is sizzling, firing on all cylinders, office. He was assigned as an Air Force tively deter hundreds of billions of dol- fueled by the tax cuts that are allowing representative and expert who worked lars of fraudulent activity. people to keep more of their hard- side by side with my staff. Together, As long as I am in this Senate, I will earned money, and wages going up be- we investigated vendor payments and continue to work to keep the False cause there are so many jobs being cre- bookkeeping, particularly in the De- Claims Act razor sharp and to ated. fense Finance and Accounting Services. strengthen whistleblower protections. I Talking about the good news for the This was in their accounts payable op- will always remember the good work of American people, I just noted that erations. It was tedious and time-con- Ernie Fitzgerald and lots of others like there were 3 million new jobs added

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.024 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S892 CONGRESSIONAL RECORD — SENATE February 6, 2019 since Republicans passed tax reform a the GOP Congress and Trump adminis- unemployment rate is the lowest in the year ago. That is 3 million new jobs tration did for two years.’’ Nation. There are 64,000-plus jobs cur- across the country. That is why we have all this good rently open in Iowa. Over 1.6 million Somebody might say: Well, maybe it news. Taxes are lower. Regulations are Iowans are employed, which is the is slowing down. It is actually the op- much more reasonable. They are not most in our State’s history. Every time posite. This past month, there were the kind of troublesome regulations I meet with an employer from my 304,000 new jobs. The experts, who that choked our economy. home State, they tell me about the thought they had a handle on the econ- I think now it is time to refocus, as challenges of filling jobs in order to omy, said: Well, maybe there are the President talked about—a time for keep their businesses running. They 160,000 new jobs. greatness in America, to refocus our want to hire people, and business is There were 304,000, not just 160,000, as attention on economic expansion. booming. Under Republican pro-growth it was estimated. There have been 3 When I hear my colleagues on the policies and the leadership of Governor million new jobs since we passed tax other side of the aisle, they have taken Kim Reynolds, Iowa’s economy con- reform for the American people. a hard left turn, way off to the liberal tinues to expand, and wages are in- The other thing that is so interesting side, to the radical side of things, pro- creasing across the State. with the numbers is the increase in posing socialist programs that increase I also agree with the President that manufacturing jobs. I remember Presi- taxes, that increase government spend- ‘‘no one has benefited more from our dent Obama saying that you would ing, and that apply burdensome new thriving economy than women, who need a magic wand to bring back man- regulations. That would put a tremen- have filled 58 percent of the new jobs ufacturing jobs to the country. Well, dous brake on the economy and the created in the last year.’’ Women are the number of manufacturing jobs that economic growth we have seen. These also becoming small business owners at were brought back to the country or hard-left policies will kill job creation increasing rates across Iowa. These that were created in the country last and cripple the economy. ‘‘girl bosses’’ are creating jobs and year was the largest growth in over 20 Americans want more freedom, more helping Iowa’s economy to rumble. years. opportunities, more economic pros- Yes, ladies, Iowa is the place to be. Now, what about wages? Wages are perity, and better paying jobs. That is The Tax Cuts and Jobs Act has al- up significantly, compared to a year what this is all about. That is what we lowed Iowa’s job creators to invest in ago. People are noting not only an in- heard last night in the State of the their workers and grow their busi- crease in their salaries but also an in- Union. That is why the state of our nesses. For example, a business in crease in their take-home pay because Union is strong, with a strong, healthy, Dyersville, IA, invested 75 percent of the amount of taxes taken out are and growing economy. It is time—and I its tax savings last year into its em- going down as well. So you have higher agreed with President Trump last ployees, giving $800 bonuses to the 162 salaries, lower taxes, and the amount night—to unite, time to work together full-time workers. One of its employees of money that people are able to keep and keep the country moving forward said she planned to put her bonus into is going up as well. with commonsense policies that im- her retirement fund—an investment in More people are working today than prove Americans’ everyday lives. her future. Furthermore, cutting redtape and at any time in our history as a nation. I yield the floor. scaling back burdensome regulations There are 157 million American work- The PRESIDING OFFICER. The Sen- have led to a surge in small business ers, and workers are in the driver’s ator from Iowa. optimism. A December survey from the seat. There are more jobs available STATE OF THE UNION MESSAGE Iowa Association of Business and In- than there are people to fill those jobs. Ms. ERNST. Mr. President, today I dustry found that 97 percent of re- I am so happy with what President rise to speak on the strength of the spondents planned to make capital ex- Trump has done with regulations to try U.S. economy, and I would like to penditures this quarter, while a major- to eliminate these burdensome, expen- thank my colleagues who have joined ity expected to add new employees and sive, and time-consuming regulations me here on the floor to address this 72 percent expected to see sales growth. that made it harder to create jobs, very important topic. Recent achievements—from opioid harder to keep jobs going, and harder As President Trump said in last abuse efforts to criminal justice re- to keep people in their jobs. night’s State of the Union, ‘‘Our econ- form—will help transform our job pool I was most pleased to see the Presi- omy is thriving like never before.’’ to help fill the needs of today and to- dent’s focus and discussion on energy. Last Friday’s January jobs report morrow, helping people get back on Energy is called the master resource. It was a continued good-news story, with their feet and back to work. is called the master resource for a rea- 304,000 new jobs added just last month. I also know that millions of working son. It fuels our economy, it fuels our It is also an example of how Republican mothers, fathers, grandparents, and military, and it fuels our Nation. pro-growth policies are getting people families across the country struggle We now have, through innovation back to work. Job growth was strong with the realities of childbirth and in- and investment, enough energy re- across most sectors, including manu- fant care while working hard to raise sources that we have now become a net facturing, where 261,000 jobs were cre- strong and healthy families. It is long exporter of energy. People around the ated over the last year. overdue that Congress not just have a country and around the world look to Just as important, this economic conversation on these matters but that us as a source of energy—crude oil, growth has put upward pressure on we get serious about a path forward on natural gas, and liquefied natural gas. wages, with the average hourly pay in- a paid leave approach. I am glad the There are opportunities for people creasing by 3.2 percent from last year. President highlighted this issue in the around the country—coal from my Lower wage workers saw some of the State of the Union last night. Some are home State of Wyoming. We are a net biggest increases. This means more fortunate enough to have paid benefits energy exporter, and it is because of money in your pockets to put food on provided by their employers, but many the President’s focus on allowing us to the table and provide for growing fami- families in America do not have that use the resources that we have been so lies. luxury. blessed with in this great country. The tight labor market has drawn For the past few months, I have been As for this talk about 3 million new workers off of the sidelines, and that is working on this issue with my col- jobs, in Wyoming alone there have been a good thing. Folks who have been un- league, Senator MIKE LEE. Helping 8,000 more jobs created since we passed employed or underemployed are finding families is an issue we can all agree on, tax reform. work, and those seeking to shift to a and I hope we can have a productive The Wall Street Journal editorial better paying job or one with better dialogue on how Congress can best help board’s headline this past Friday, Feb- hours that is closer to home are finding in a way that keeps our economy ruary 1, was this: ‘‘Sorry for the Good those opportunities. strong. News.’’ It said: ‘‘This is what happens Nowhere is the power of this job cre- Simply put, when Washington gives when the political class takes its boot ation more evident than in my home power back to Main Street, American off of the neck of private business, as State of Iowa, where the 2.4-percent families win.

VerDate Sep 11 2014 00:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.026 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S893 Sadly, over the last few weeks, I have back in 1981 with just a few employees. share these benefits with your employ- heard my Democratic colleagues pro- Our original office was in a mobile ees. If that is not done, we are going to pose a Green New Deal that would raise home on a rock lot—a very hard- waste an opportunity. energy prices for consumers by as scrabble existence. I think of all the The reason this is so critical is that much as $3,800 per family a year and time invested. For 17 years, we hovered there are a lot of folks who have a dif- proposals to impose tax rates as high as a small business. Patience and per- ferent point of view. The Democrats as 70 percent. If allowed to move for- sistence underlie everything that real- have a proposal that basically is this: ward, these proposals would reverse ly works in this economy and in this more taxes, more debt, probably more some of the economic progress we have world. We lived within our means, and regulations, and taking steps down the seen. They would change our Nation’s we reinvested in our own success in pathway, I think, to a socialist catas- direction from freedom, innovation, good times and bad. And this story is trophe like the daily horrors we see in and job facilitation to more heavy- being played out across the country. Venezuela, embracing a failed ideology handed regulation. This far-left agenda President Trump’s Tax Cuts and Jobs that has not worked anywhere else. offers little for small businesses seek- Act is the most significant pro-growth Promising free college, free insur- ing to grow to bigger ones, families legislation that has come out of Wash- ance, and never being able to pay for it seeking to increase their take-home ington since I have been paying atten- may be a good way to win votes in 2020, pay, or workers trying to climb the tion. As I said, that has been 37 years. but it is no way to run a country. ladder to full economic success. That is For my company, the Trump tax cuts Sooner or later, somebody gets stuck not a future that looks bright to me, were the biggest capital infusion we with the bill. If we fail to confront this and it isn’t one that gives Americans a had ever seen. creeping threat to our free market path toward prosperity. Like the President, I have been principles now, our children and grand- I am very proud of our achievements, blessed in that three of my four kids children will pay dearly. and I am thankful for the leadership of work in my business. When tax reform Again, it is so incumbent upon us to the President and folks willing to work was signed into law, I believe back in take this opportunity and run with it together to get our economy moving. December of 2017, one of my sons came as business owners so we can put it There is more work yet to be done, and to me and said: Dad, we need to take into practice where everybody is feel- I look forward to seeing our economy these savings—we are sending less to ing the benefits beyond what they have continue to achieve new heights. DC. Let’s do something with them. so far. If we want to keep President Mr. President, I yield the floor. I said: What did you have in mind? Trump’s economic rally going, create The PRESIDING OFFICER. The Sen- He said: I would like to share these more opportunity for Americans to live ator from Indiana. benefits with our employees. their America dream, and make the Mr. BRAUN. Mr. President, I rise I said: Well, particularly, what did clear choice between pro-growth policy today in one of the hottest economic you have in mind? and a dissent toward socialist calam- environments our Nation has ever seen. He said: I would like to raise 401(k) ity, more business people, as well, need The last time American unemployment benefits. I would like to start quarterly to step out of their comfort zone and was this low, the Beatles were at the bonuses. run. top of the charts and I was a starting We always did an end-of-the-year Try to become a State legislator. Get forward on the JV basketball team bonus. involved. Run for Congress. Run for the back in Jasper, IN. The last time U.S. He said: I would like to cut family Senate. stocks had a January as good as this healthcare costs by $1,400 per family. I did it out of nowhere, when nobody last month, the Hoosiers were on their We had held them flat for 9 years. thought it could be done. If we want way to a national championship under I said: Wow, I wish that had been my our system to work the way it should Coach Bobby Knight. when it works best for all, we need to Last night, President Trump outlined idea. I like it. make sure that message is getting the incredible economic success and He said: The other thing is, I would heard. Let’s keep it booming. Let’s progress our country has made in the like to put in the company memo that last 2 years, and it is times like these this is due to tax reform. keep this thing going. Participate. Get that drive home the point that we all I entered politics long ago—I was on involved. I yield back my time. already know: Business is the engine a school board for 10 years, 3 years as The PRESIDING OFFICER (Mr. that drives the American economy, not a state legislator—and I knew you had BRAUN). The Senator from Georgia. government. Entrepreneurs—from ti- to be careful when you mixed business tans of large industry to mostly Main with a political statement. I asked him ECONOMIC GROWTH Street entrepreneurs—are the force to talk it over with his brother, who I Mr. PERDUE. Mr. President, it is my that generates prosperity, not politi- thought might want to just give the honor to join my colleagues, including cians. America’s true power is held in benefits and not make a political point the Presiding Officer, in this brief col- our local chambers of commerce, not in out of it. loquy about the current economic re- the Chambers of Congress. Our best He said: Dad, you are the CEO. What sults that the President’s agenda is wisdom comes from the factory floor, do you think? achieving. I would like to put it in per- not the Senate floor. I said: Put in the company memo spective though. Businesspeople understand what that this is due to tax reform. As con- Just a little bit over 2 years ago, we makes the economy tick, and with servatives, we need to be proud of it. had suffered through 8 years of prob- someone like President Trump at the That is exactly what we did. ably the most onerous increase in big helm, the true potential of the Amer- Regulatory cuts and tax reform are government regulatory reform that we ican economy is being unleashed. GDP never going to make headlines, but had ever seen. These regulations were and job growth numbers have never Americans are seeing the results in so onerous that they basically shut been like this. real dollars and cents in their pay- down free enterprise for a decade. Add During the Obama administration, checks and their 401(k)s. It is clear to that a tax environment that was not these numbers were scoffed at as not that when government gets out of the competitive with the rest of the world, being attainable. Now it is happening. way of enterprisers, the rising tide of and the result was that we had the low- We have to keep that in mind. Presi- prosperity lifts all ships. est economic growth in United States’ dent Obama offered us 8 years of stag- If my fellow Republicans and con- history—1.6 to 1.9 percent, depending nation and cynicism. President Trump servatives ever want to win again, it is on whom you believe. Regardless of has offered optimism, bold leadership, incumbent upon us to make the case that detail, it was absolutely and the deep understanding of what that this economy is due to the fact uncontested that it was the lowest eco- makes a business boom that could only that the administration and the Repub- nomic growth in the United States’ come from the experience of somebody lican Congress created the stage for history. There was no secret behind from the real world, an entrepreneur. this economic boom that we are with- that. Like the President, I built my life in in. It is also incumbent upon employers Actually, in 2009, when the last ad- business over many years. I started across the country to make sure you ministration started, the economy was

VerDate Sep 11 2014 01:23 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.028 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S894 CONGRESSIONAL RECORD — SENATE February 6, 2019 at a low point because of the financial overseas in unrepatriated U.S. profits. If you go back to the 1970s and the crisis. So they started from a very low What we have done in the last 2 years great experiment that the Soviet point to start with. It is more draco- is fundamentally remove the road- Union was going to bring egali- nian than the numbers indicate. blocks for that capital to flow back tarianism to the world, well, that Two weeks after President Trump into the United States. failed. We have failed social states was elected, I was included in a leader- What are we seeing? Just the initial today in Venezuela, Cuba, and others. ship meeting in the White House to blush of regulatory reform pumped up The Soviet Union today in Russia is a talk about how we are going to achieve CEO confidence and consumer con- mere shadow of its former self because the President’s No. 1 objective, and fidence to 30-year highs. We saw that in they played the game wrong. It may that is to grow the economy. He said the first 6 months of 2017. What hap- take decades before that can be rebuilt. during the election and, indeed, during pened after that was that consumers There can be no debate that freedom that meeting, that job one was to grow started to react, employers started to is what America is about. Our fore- the economy. We had to put people react, and capital started to flow. The fathers and foremothers fought and back to work, get enthusiasm back, free enterprise system started to died to make sure that we would al- and get confidence in the U.S. economy breathe again after you took the ways have the liberty of the free enter- again and in each other. In that meet- jackboots of an oversized Federal Gov- prise system. That is what we are en- ing, we outlined, basically, what was ernment off the throat of free enter- joying right now. That is what we are required to do that. President Trump prise. visibly witnessing before our very eyes gave us his vision of what we had to do. We just heard the Presiding Officer’s today. As we go into a Presidential We wanted to work on regulations, story about a small business. Those are cycle in 2020, I hope that we have energy, taxes, and, indeed, pull back on multiplied by the thousands across our enough sense as a country to see that country. This isn’t just about big busi- as much of the Dodd-Frank bill as we as the issue that we ought to be debat- ness, as you and I well know. It is could. Those things in the first year ing. about individual enterprise. It is flow- were intended to get the economy Yes, we have problems. Our debt is a ing again after a decade of being ab- jump-started. Then, in the second year, serious threat to our own national se- sent. curity. It is the No. 1 threat to this we were supposed to talk about immi- I am also proud to tell you that if continued economic boom we are all gration, infrastructure, and trade. you look at what the economy is doing History will show that in the first talking about. We have $21 trillion of right now—honestly, I am just a busi- year, more than 870 regulations were debt. What is worse than that is that ness guy, but I can back this up with reversed. We unleashed our energy po- over the next 10 years, no matter what economic realities—these facts are not we do in terms of discretionary budget, tential in two major projects: ANWR in debatable. This is the greatest eco- Alaska and the Keystone Pipeline. nomic turnaround in the United Congress will add another $10 trillion Those benefits are even yet to come. States’ history. We are growing about to the debt unless we do something to Thirdly, we passed a historic tax bill a little more than twice the rate as we save Social Security, Medicare, and that made the United States more did in the past decade. Medicaid. It is as simple as that. competitive with the rest of the world. We created 5.3 million new jobs. Me- We are actually spending about the We lowered the corporate tax rate. We dian income is the highest in U.S. his- same or a little bit less than we were in changed the individual tax structure. tory. At the same time, unemployment 2009 in terms of discretionary spending. We eliminated the repatriation tax. is at the lowest it has been in 50 years That is less than one-third of what we The next thing was so important. We in total. African-American, Asian spend as a Federal Government. The actually passed a bipartisan bill that American, and Hispanic-American un- mandatory side of that equation never pulled back on the most draconian employment is the lowest ever meas- gets debated in this body. It is auto- parts of the Dodd-Frank bill. The ured. By any measure, this economic matic—mandatory. It is an automatic Dodd-Frank bill was a knee-jerk reac- turnaround proves that what we be- withdrawal, like a house payment, car tion from the financial crisis in 2008 lieve in actually works. If you get big payment, or insurance payment in a and 2009. It really did put regulations government out of the way and let the private business. in place that pulled back on the bank- free enterprise system work, cap- There is no doubt in my mind that we ing industry in many ways. Some of italism can breathe again, and this is can solve every one of these. America those, we might argue, were required. what happens. is not bankrupt. We have more assets Certainly, on the money banks in New Are we going to have a steady rise in than we have liabilities. We have all York, some things were needed. I would a consistent 3.5 percent, 4 percent the wherewithal in the world to solve argue that not the full breadth of what growth? No, this is free enterprise. our long-term debt problem. The rest Dodd-Frank did, but that is an argu- This is capitalism. What happens is we of the world knows that. That is why ment for another day. form capital. We have an idea for a they are still buying our corporate Last year, we got 17 of my Demo- product or a service, and we develop bonds and treasuries. I have never been cratic colleagues in this body to agree that. We get a customer. We make a more optimistic about the future of our that a minor adjustment in the Dodd- transaction. Cash flows, and we rein- country for my children and my chil- Frank bill would make a tremendous vest that. This is what capitalism is. dren’s children, but we have to deal difference for small community banks Capitalism is not Big Government get- with this Federal debt. Growing the and regional banks. We did that. We ting all of your tax money, turning economy, as President Trump said 2 passed that with 17 votes from the around, and redistributing that out be- years ago, was the first step toward other side. What this did in aggregate cause that absolutely shuts down free doing that, but we have to get serious was to free up somewhere around $6 enterprise. As we know, free enterprise about dealing and saving the trust trillion back in the economy. That is is the best economic system we have funds for Social Security and Medicare. real money when you are talking about yet devised on the face of the Earth. That doesn’t mean cutting them. It a $21 trillion economy. Not all of that I am embarrassed that the President means finding a viable financing way has flowed back in yet. of the United States—I never thought I to make them viable indefinitely. Here is what has happened. There is would see this day, on the floor of the There are so many ways to do that. $2 trillion on the Russell 1000 balance House of Representatives in a joint ses- I will close with this. It seems to me sheets. These are our largest public sion of Congress, in the State of the that what is at stake here is the very companies, and they had the largest Union Address—had to feel like he had Republic that we are talking about. balance sheets in their history. They to make the statement that the United What are we going to be in the next 100 had about $2 trillion on their balance States would never be a socialist coun- years? I would submit to you that the sheets. try. The fact that it is even debated is evidence is before us right now that Second, we had about $2 trillion on so embarrassing to me. It is unbeliev- one thing we have to be in order to pro- bank balance sheets of community able that this could even be proper as a tect the freedom of our country is to banks and regional banks because of viable alternative, given the history of remain committed to the free enter- Dodd-Frank. Estimates were $3 trillion the last 100 years alone. prise system that we all have built this

VerDate Sep 11 2014 01:23 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.031 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S895 economic boom upon that has been the pearing in many taxpayers’ paychecks it having its intended effects. In 2018, greatest economic boom since World at the start of 2018. the economy grew at 3.1 percent—the War II and in the history of human- Given this, the best way for tax- highest growth rate since 2005. Wages kind. payers to see how tax reform affects have risen at the fastest pace in nearly I implore both sides here to put the their bottom line is to compare this a decade. Nearly 3 million jobs have political differences aside, and let’s get year’s tax return with last year’s tax been created since the passage of tax to funding this government on time, return, rather than on the size of their reform, including more than 15,000 new which this Congress has only done four refund. At the end of the day, the vast jobs in Iowa alone. Unemployment times in the last 44 years. Congress has majority of taxpayers will see that less rates for Hispanic and African-Amer- actually shut the government down, in- of their hard-earned money is coming ican workers have hit alltime lows. cluding this last one, 21 times. to Washington for 535 Members of Con- For the first time on record, the This is totally unacceptable and un- gress to decide how it will be spent. Of number of job openings has exceeded necessary. I think that with a bipar- course, those of us making that deci- job seekers for 9 straight months. tisan approach, we know there are so sion, 535 of us, would have less eco- Small business optimism is at near- many places of agreement that we can nomic impact than 150 million tax- record highs, and growth in business begin to do that, and I ask for payers with more money to decide how investment has been more than twice everybody’s forbearance and patience to spend or save—how to spend it or the rate it was during the sluggish and willingness to engage in a bipar- how to save it. That would enhance our Obama economy. tisan way to actually deal with some of income, creating jobs, much more than All of this good economic news points these life-threatening issues we see be- Washington disposing of that same toward continued economic growth fore us. amount of money. moving forward. This is key to sustain- As we do that, I hope we can end the It responds to the animal spirits of able, long-term wage growth, which is debate once and for all about what the free market system—willing buyer the most powerful anti-poverty meas- really works here—lower taxes, less and willing seller. This tax release ure that exists. Thanks to the tax cuts regulation, and certainly you have to stems from many pro-family and pro- and the reform, America is open for have controls to make sure we have a middle-income tax provisions in the business, and the economy is boom- level playing field for everybody in the law. The law also enacted much needed ing—all to the benefit of individuals United States, but this onerous, top- tax relief for important job creators. It and families in Iowa and every State. down-driven, controlling Big Govern- provides a very significant deduction Of course, all of this good economic ment policy does not work. We proved on business income for small busi- news is no reason for us to become that in the last decade and in other nesses, effectively lowering their top complacent. Over the next 2 years, I decades in the last 100 years. tax rate to under 30 percent, in many look forward to working with my col- It is an honor to be in the U.S. Sen- cases. leagues on both sides of the aisle to ate. It is an honor to be an American. This bill corrects an injustice that build on the success of tax reform. I I never took that for granted, having has existed for decades; that there has say that willingness to work with my lived outside of the United States. I never been recognition of the small colleagues both from the standpoint of can promise the Members of this body business person who files an individual being an individual Senator from the that what we have right now is not a tax form compared to a corporate tax State of Iowa as well as being chair- false positive. What we have is evi- form. Small businesses never had eq- man of the Senate Finance Committee. dence that capitalism works, the free uity like they should. I yield the floor. enterprise system works. If we want to Small businesses, down to the small- The PRESIDING OFFICER (Mr. protect our liberty, we have to con- est family-owned corner store and fam- PERDUE). The majority whip. tinue to develop that system. ily farmer, are benefiting from that Mr. THUNE. Mr. President, in last With that, I yield the floor. provision. Additionally, the law low- night’s State of the Union Address, the The PRESIDING OFFICER. The Sen- ered the statutory corporate rate down President highlighted the strength of ator from Iowa. from the highest in the developed the economy. After years of stagnation Mr. GRASSLEY. Mr. President, like world to 21 percent. The previous cor- under the Obama administration, our several of my colleagues today, under porate tax rate was putting American economy has come roaring back, the leadership of my colleague from companies at a very competitive dis- thanks in substantial part to Repub- Iowa, Senator ERNST, we come to the advantage globally and consequently lican economic policies. floor to discuss the benefits of the tax costing American jobs. After the Presidential election 2 cut of 14 months ago. Congress then Just as important, the law put in years ago, Republicans made it our passed historic tax legislation that fun- place immediate expensing for the de- mission to get our economy going damentally reformed our Tax Code and preciation of equipment that busi- again. We cut excessive regulations, provided tax relief to middle-income nesses of all sizes and shapes would in- and we passed a historic comprehensive Americans and to job creators. The Tax vest in. As a result, job creators will reform of our outdated Tax Code. Cuts and Jobs Act, as it is called, made have every incentive to invest back The Tax Code plays a huge role in the good on our commitment to provide into their business and expand oper- health of our economy. It helps deter- significant tax relief to middle-income ations here at home. mine how much money individuals and taxpayers while making the Tax Code Nearly as soon as the tax cut was families have to spend and save. It simpler, fairer, and, of course, pro- signed into law, its positive effects helps to determine whether a small growth oriented. began to be felt throughout the econ- business can expand and hire. It helps Thanks to a near doubling of the omy. Hundreds of companies began an- determine whether larger businesses standard deduction, millions of tax- nouncing bonuses, pay raises, higher hire, invest, and stay in the United payers are discovering right now, as retirement contributions, new hiring, States. they file their taxes, they can pay less and increased investment. This in- A small business owner facing a huge without spending hours and hours sift- cluded numerous businesses in Iowa. tax bill is highly unlikely to be able to ing through receipts and extra forms, Utility companies across the country expand their business or to hire a new all because the standard deduction is also responded by passing along their employee. A larger business is going to doubled. tax savings to their customers in the find it hard to create jobs or improve Middle-income taxpayers can also ex- form of lower electric gas and water benefits for employees if it is strug- pect to see a significant reduction in bills. Higher take-home pay, bonuses gling to stay competitive against for- their tax bill from last year. For exam- for employers, and reduced utility bills eign businesses paying much less in ple, an Iowa family of four, with a were all important benefits of the tax taxes. A larger business is unlikely to State’s median income of around cut. keep jobs and investment in the United $73,000, stands to see their tax bill cut While the tax cuts and reforms have States if the Tax Code makes it vastly by more than half, or approximately only been in effect for a little over a more expensive to hire American work- $2,000. This is real relief that began ap- year, the economic signs point toward ers.

VerDate Sep 11 2014 01:23 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.032 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S896 CONGRESSIONAL RECORD — SENATE February 6, 2019 Before we passed tax reform a year would damage our economy for the just of higher taxes but of lower wages, ago in December, our Tax Code was not long term. fewer jobs, and diminished opportuni- helping our economy. It was taking too One of the most dangerous proposals ties. much money from American families, is the so-called Medicare for All pro- Republicans are going to do every- and it was making it harder for busi- posal, which would abolish our current thing we can to ensure that doesn’t nesses, large and small, to create jobs, system of employer-sponsored private happen. We will continue pushing for increase wages, and grow. That is why, insurance and replace it with govern- policies that will create jobs and in- after months of work, we passed the ment-run healthcare—paid for on the crease wages, build on the progress we Tax Cuts and Jobs Act. backs of the middle class. The cost for have made in the last couple of years. This legislation cut tax rates for this program would be staggering, an We will continue pushing for policies American families, doubled the child estimated $32 trillion over the next that expand opportunities for workers, tax credit, and nearly doubled the decade. That is equivalent to the entire that increase access to good jobs and to standard deduction. It lowered tax Federal discretionary budget more fulfilling careers, and we will continue rates across the board for owners of than two times over. pushing for policies that lower the cost small- and medium-sized businesses, Doubling the amount of individual of living, including the cost of farms, and ranches. It lowered our Na- and corporate income taxes collected healthcare and prescription drugs. We tion’s massive corporate tax rate, would still not be enough to pay for the will continue pushing for policies that which up until January 1 of last year mammoth costs of this plan. Doubling help hard-working families keep more was the highest corporate tax rate in all the revenue collected from income of their income and save for education the developed world. It expanded busi- taxes in this country on the individual and retirement. We are committed to ness owners’ ability to recover the cost and business side would not be enough giving every American access to a fu- of investments they make in their to pay for the mammoth costs of this ture of freedom, opportunity, and secu- businesses, which frees up cash they plan. rity. can reinvest in their operations and in Passing any version of Medicare for I yield the floor. their workers. It brought the U.S. All would lead to stratospheric tax I suggest the absence of a quorum. international tax system into the 21st hikes for Americans in addition to the The PRESIDING OFFICER (Mr. COT- century so American businesses are not loss of their employer-sponsored insur- TON). The clerk will call the roll. operating at a competitive disadvan- ance. The senior assistant legislative clerk tage next to their foreign counterparts. Then, of course, there is the so-called proceeded to call the roll. Our goal with this bill was simple. Green New Deal, which could raise Mr. UDALL. Mr. President, I ask We wanted to make life better for the Americans’ energy costs by more than unanimous consent that the order for American people; we wanted to let $3,000 a year. I don’t know what fami- the quorum call be rescinded. Americans keep more of their hard- lies Democrats are talking to, but I The PRESIDING OFFICER. Without earned money; and we wanted to spur have a hard time thinking of working objection, it is so ordered. economic growth to give workers ac- families who can afford to spend $3,000 S. 47 cess to good jobs, better wages, and more each year on their energy bills. Mr. UDALL. Mr. President, thank more opportunities. Then there are the plain old tax you for the recognition. I am proud to report that our policies hikes—like a proposal to raise the top I rise to express my strong support are working. The economy grew at a marginal tax rate to 70 percent, a rate for the bipartisan public lands package. robust 3.4 percent in the third quarter we haven’t seen since 1965. It would be This legislation, which puts together of 2018. January marked the 11th a tax hike not only on individuals but over 100 public lands, natural re- straight month that unemployment on small- and medium-sized businesses sources, and water bills, protects and has been at or below 4 percent. That is as well. expands our Nation’s lands and the longest streak in nearly five dec- Take the House Democrats’ proposal strengthens our local economies. ades. to substantially increase the corporate This sweeping package shows the In 2018, for the first time ever, the tax rate. They want to raise the cor- country the tremendous amount that number of job openings outnumbered porate tax rate 40 percent on busi- can be accomplished when both parties the number of job seekers, and 2018 saw nesses from what it is today. Before in Congress roll up their sleeves and the most impressive job growth in the the passage of tax reform, America’s work together toward a common goal. manufacturing industry since 1997. global companies faced the highest cor- While there are certainly other meas- Wage growth has accelerated. Wages porate tax rate in the developed world. ures I wish we had included in this have now been growing at a rate of 3 That put American businesses at a se- package, overall, this bill can pass both percent or greater for 6 straight rious disadvantage on the global stage, Chambers on strong bipartisan votes. I months. The last time wage growth which, in turn, put American workers am looking forward to this Congress reached this level was in 2009—a decade at a disadvantage. showing its strong support for keeping ago. Median household income is at an Since we lowered the corporate rate, public lands in public hands and pro- alltime inflation-adjusted record of we have seen economic growth, money tecting them for future generations. $61,372, and on and on. returning to the United States, and I am particularly proud of provisions Continuing with something that is new benefits and opportunities for in this package that I have championed working is usually a good strategy. If American workers. for years to benefit my home State of your economic policies are working, It is difficult to understand what New Mexico, starting with permanent continuing them is a pretty logical would possess Democrats to jeopardize reauthorization of the Land and Water thing to do. economic growth and opportunities for Conservation Fund. Democrats apparently have a dif- American workers by hiking the cor- The Land and Water Conservation ferent opinion. Instead of continuing porate rate again. Right after we low- Fund is our Nation’s most successful the policies that are producing eco- ered it to get more competitive inter- conservation program and is extremely nomic growth and opportunities for nationally, they are talking about rais- popular with the American people. Yet American workers, they want to end ing it 40 percent. Congress has consistently underfunded them. Instead of reducing taxes, they I said before, I wish I were joking it and failed to make it permanent. I want to raise taxes. Instead of getting about some of the Democrats’ out- have been fighting for years for full government out of your way, they want rageous proposals. In addition to the funding and permanent reauthoriza- to put government in charge of your money Democrats would be taking di- tion. The public lands package does healthcare, your electricity options, rectly out of Americans’ pockets to just that. This was a law championed and more. pay for their programs, it would also be by my father in 1965 while he was Sec- I wish I were joking, but Democrats permanently damaging to economic retary of the Interior. I have been are increasingly uniting around poli- growth. If Democrats succeed in pass- proud to carry the torch and work to cies that would not only undo the ing proposals like Medicare for All, make the Land and Water Conserva- progress our economy has made but Americans will be facing a future not tion Fund permanent. In New Mexico

VerDate Sep 11 2014 01:23 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.035 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S897 alone, over 1,200 local projects have ‘‘wilderness.’’ The 13,000-acre Cerro del is the Rio Puerco Management Com- been supported by the LWCF since it Yuta and the 8,000-acre Rio San Anto- mittee that was established in 1996. began in 1965. nio study areas within the Rio Grande The Rio Puerco is the largest tributary Over the last 2 years, the President del Norte National Monument are to the Middle Rio Grande Basin. The has proposed essentially eliminating equally deserving of ‘‘wilderness’’ sta- watershed encompasses approximately the LWCF, but in a major step forward, tus. The centerpiece of Cerro del Yuta 4.7 million acres and unfortunately is the Senate package permanently reau- is Ute Mountain, which is a 10,000-foot- the primary source of undesirable fine thorizes the program and provides an- high volcanic dome that overlooks the sediment that is delivered to the Rio nual funding with at least $900 mil- magnificent Taos Gorge, which is Grande system. According to the U.S. lion—all from offshore oil and gas shown here. It is pretty inspiring when Geological Survey, on average, the Rio leases and other revenue streams that you stand on top and look into this Puerco delivers 78 percent of the total don’t come from taxpayer dollars. Giv- gorge. The Rio San Antonio sits 200 suspended sediment load of the Rio ing the Land and Water Conservation feet below a plateau and creates a Grande, although it provides only 4 Fund permanent authorization is a unique riparian area and amazing rec- percent of the runoff. monumental win for our entire Nation. reational opportunities that boost the The Rio Puerco Watershed Manage- I hope that soon we can secure robust local economy. ment Program is a community-based mandatory funding as well. Until then, This designation is also the product approach that brings Federal and State I will continue to fight, along with my of a grassroots coalition of local stake- agencies, Tribes, nonprofits, and local colleagues on both sides of the aisle, to holders, including sportsmen, small citizens together to work on watershed ensure that this program receives sig- business owners, pueblos, and conserva- management, including sediment re- nificant funding each year in the ap- tionists, who have worked for years to duction and habitat and vegetation res- propriations process. preserve the Rio Grande del Norte area toration. The committee has been The lands package includes my Organ for future generations. By designating widely recognized for its success and Mountains-Desert Peaks Conservation the Cerro del Yuta and the Rio San An- has earned awards from the Environ- Act, cosponsored by Senator HEINRICH. tonio areas under our Cerros del Norte mental Protection Agency and the Bu- Senator HEINRICH and I have been Conservation Act, it cements their reau of Land Management. Its most re- fighting to protect this rugged, beau- place as part of northern New Mexico’s cent 10-year reauthorization ends on tiful part of southern New Mexico for protected heritage. March 30 of this year. We need to per- years. In 2014, President Obama used During the last congressional ses- manently authorize this very effective our legislation as the basis for his Ex- sion, I and my good friend, the late program. ecutive order to create the Organ Senator John McCain, worked hard on Senator MURKOWSKI and Senator Mountains-Desert Peaks National the 21st Century Conservation Corps CANTWELL, I applaud your work on ex- Monument. Service Act, or 21 CSC for short. We peditiously bringing this package to The Organ Mountains-Desert Peaks wanted to make sure that our youth the floor. The 100 bills that compose area has contained protected wilder- and our veterans had real and meaning- the public lands package boast 50 dif- ness study areas since the 1980s and ful opportunities to serve our country ferent Senate sponsors and nearly 90 1990s. It is high time to make these by conserving our great outdoors. This cosponsors. The package represents the study areas permanent wilderness. Sen- bill reinvigorates public-private part- hard work of countless individuals and ator HEINRICH and I have worked close- nerships between the Federal Govern- organizations throughout the coun- ly with all stakeholders—ranchers, ment and the private sector and en- try—all committed to preserving and conservationists, U.S. Customs and ables our youth and veterans to engage protecting our country’s greatest Border Protection, and many others— in national service on conservation-re- treasures. I stand resolutely behind to bring these lands into 10 permanent lated projects. The program also tar- that commitment as well, and I urge wilderness areas. Our bill, S. 441, places gets Native American youth by estab- the unanimous passage of this historic approximately 240,000 acres into wilder- lishing an Indian Youth Service Corps package. ness while it releases approximately to work on Indian Country priorities. I yield the floor. 30,000 acres so that the Border Patrol The bill also expands eligibility so The PRESIDING OFFICER. The Sen- has the flexibility that is necessary to that returning veterans and others can ator from New Mexico. keep the border secure. The Border Pa- participate in these important pro- Mr. HEINRICH. Mr. President, I start trol concerns have been addressed, as grams. It expands the number of Agen- by thanking Senator TOM UDALL, our have the interests of grazing lease- cies that can establish service corps, senior Senator from New Mexico, for holders, who will be able to continue to and it authorizes detailed data collec- the incredible amount of work and graze their cattle. tion so that we can track exactly how really the years of advocacy and atten- The areas targeted for protection these programs help communities and tion that have gone into many of the showcase sky island mountains, native our public lands. portions of this land package that he Chihuahuan Desert grasslands, caves, This kind of program makes so much just described. Without his leadership, unique flows, limestone cliffs, and sense, for we have a huge backlog of in- without his partnership, we would not winding canyons. As you just heard, frastructure needs on our public be celebrating this opportunity today. the landscapes for designation are tre- lands—a backlog that is only growing I rise to celebrate the landmark con- mendously varied. Here is a photo of with increased wildfires and natural servation measures that we are about one that depicts the Organ Mountains. disasters. Younger workers, especially to vote on here in the Senate. As a What a magnificent range. Native youth, face higher unemploy- Senator from a State that proudly Under the 1964 Wilderness Act, ‘‘wil- ment rates, and our veterans face their calls itself the Land of Enchantment, I derness’’ is ‘‘an area where the earth own set of challenges when they transi- know how much our public lands mean and its community of life are tion to civilian life. Service corps are a to New Mexicans. These are the places untrammeled by man, where man him- cost-effective way to promote con- to which generations of families have self is a visitor who does not remain.’’ servation goals and to fill employment gone to explore our natural wonders The 10 areas for designation in the gaps. and to learn about our rich history and Organ Mountains-Desert Peaks should This program has broad bipartisan our incredible culture. Hunting and remain untrammeled, and they deserve support—support from the Western fishing, as well as hiking and camping, the special protection that ‘‘wilder- Governors’ Association, veterans orga- on our public lands are quite simply ness’’ designation confers. nizations, and the outdoor industry— part of our identity in the State of New Like the wilderness study areas in and it would pay special tribute to our Mexico, and this relationship with our our newest national monument to the late colleague, Senator McCain, whom land and our water is fundamental to south, Senator HEINRICH and I have we all admire so much. I urge its pas- who we are. been working for years to designate sage. These activities also fuel a thriving two wilderness study areas in our new- One of New Mexico’s most successful outdoor recreation economy that sup- est national monument to the north as watershed management collaborations ports nearly 100,000 jobs in New Mexico

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Some of my favorite additional access and create recreation all of these years will safeguard sen- memories are from my adventures on opportunities on our public lands to sitive cultural, historical, and natural public lands with my wife Julie and support this important part of our treasures in this monument. ‘‘Wilder- with our sons, Carter and Micah, and I economy. ness’’ designation for several of the want all kids to have those same op- I commend our chairman, Senator most rugged and unique areas in the portunities to fall in love with our of Alaska, our rank- Organ Mountains-Desert Peaks will amazing public lands. ing member, of West Vir- promote the monument as a world- Since 2015, the Department of the In- ginia, and our former ranking member, class destination. terior has offered fourth graders and Senator of Wash- President Obama based his 2014 ‘‘na- their families free entrance to all fed- ington. We are, to say the least, going tional monument’’ designation on the erally managed public lands. I can’t through a frustrating political era here legislation introduced by Senator tell you how popular this program has in Washington, and there just don’t UDALL and me, but, as with the Rio become. The Every Kid Outdoors Act seem to be many things we can agree Grande del Norte, only Congress has codifies this effort into law and will en- on these days. Yet the package of pub- authority to create additional feder- courage the creation of more edu- lic lands and conservation bills that we ally protected wilderness. cational opportunities for all of our are now considering on the floor reflect We can now ensure permanent pro- kids on their public lands. Chairman MURKOWSKI, Ranking Mem- tection for the wildest places within I am so excited that we are encour- ber MANCHIN, and Senator CANTWELL’s the national monument, including the aging a new generation of kids—a gen- leadership. It demonstrates their will- Organ Mountains but also the Potrillo, eration that will explore the rich nat- ingness to put aside partisan rancor Uvas, and Robledo Mountains, as well ural and cultural history on display in and do the hard work that is required as Aden Lava Flow and Broad Canyon. our parks, forests, and monuments. to build bipartisan consensus. I want to express my deepest grati- After all, they are the future stewards I am proud that we are moving for- tude to the diverse coalition of stake- of these special places that we all love. ward to pass these bills that have holders from throughout our State who I also want to celebrate that we are earned broad, bipartisan support in our worked for decades to make the Rio voting to permanently reauthorize committee to conserve our public Grande del Norte and Organ Moun- what I believe has been one of Amer- lands, to create new outdoor recreation tains-Desert Peaks monuments a re- ica’s most successful conservation pro- opportunities, and to build on the suc- ality. From Tribal leaders to local gram ever, the Land and Water Con- cess of our Nation’s most effective con- elected officials, sportsmen, ranchers, servation Fund. servation programs. I want to quickly land grant heirs, acequia parciantes, In New Mexico, LWCF, as it is highlight some of these incredible vic- small businesses, and conservation known—the Land and Water Conserva- tories in this bill for New Mexico. groups, so many New Mexicans came tion Fund—has protected iconic land- First and foremost, I am so proud together and worked together to make scapes, such as the Valles , Ute that we are passing two bills to ad- this possible. Mountain, and Valle de Oro, without vance community-driven conservation Once again, I especially want to costing taxpayers a single dime. It has visions for New Mexico’s two newest thank my colleague, the senior Senator also provided for community projects, national monuments—the Rio Grande from New Mexico, TOM UDALL, and our such as baseball and soccer fields, play- del Norte and the Organ Mountains- former Senator Jeff Bingaman for their grounds, and picnic areas. Desert Peaks. From the tops of the leadership and their partnership in get- The broad support that LWCF has Cerro de la Olla and Ute Mountain to ting this over the finish line. had from both Republicans and Demo- the depths of the Rio Grande Gorge, These two monuments protect places crats over the last half century is a the Rio Grande del Norte National that New Mexicans have long recog- testament to how well the program has Monument in northern New Mexico is nized as national treasures in their worked all across this Nation; however, one of the most spectacular landscapes backyards. despite our best efforts to save LWCF, on Earth. The historic monument des- Once we pass this legislation, we will congressional inaction allowed the pro- ignation for the Rio Grande del Norte put a capstone on years of work to gram to expire last year. I am proud to was the direct result of tireless efforts make these monuments national mod- say that once we pass this package, we by those in the local community who els of community-driven, landscape- will no longer need to worry year after were dedicated to protecting this area scale public lands conservation. I have year about renewing this incredibly for future generations, and they no doubt that future generations will successful program. Now LWCF funds worked for decades to do just that. be grateful for what we are voting on can continue being put to work pro- The legislation we are voting on es- here. tecting drinking water, providing pub- tablishes two new wilderness areas Speaking of future generations, I am lic land access, and funding our neigh- within this monument—the Cerro del also pleased that this public lands borhood parks. Yuta Wilderness and the Rio San Anto- package includes my bipartisan bill, Finally, I would like to express my nio Wilderness. By designating the the Every Kid Outdoors Act. I want to gratitude once more to Chairman MUR- most rugged and unique habitat in the thank Senator LAMAR ALEXANDER of KOWSKI for working with me to advance Rio Grande del Norte as wilderness, we Tennessee for joining me as the lead provisions in this package to improve can protect the monument’s natural Republican sponsor of this bill. The public access on our public lands. Many heritage for our children and for gen- Every Kid Outdoors Act will allow pieces of the Sportsmen’s Act are in- erations to come. every fourth grader in America to visit cluded in this, and I am especially We are doing the same thing for our Nation’s national parks or national pleased that we are passing my legisla- southern New Mexico’s Organ Moun- forests or national wildlife refuges free tion, the HUNT Act, which will im- tains-Desert Peaks National Monu- of charge and to bring their families prove access to public lands wherever ment. Organ Mountains-Desert Peaks along with them. hunting, fishing, and outdoor recre- is incredibly rich in cultural and nat- Many of you might not know that ation are permitted. ural history. It includes six stunning long before I became a Senator, one of With that, I would like to encourage mountain ranges. This is the very well- my first jobs in New Mexico was as the all of my colleagues to support this bi- known Organ Mountains—its profile executive director of Cottonwood partisan package of bills. I am con- known by everyone who has ever vis- Gulch Expeditions—a 90-plus-year-old fident that they will grow our outdoor ited or lived in southern New Mexico. experiential education organization recreation economy, promote access to

VerDate Sep 11 2014 04:37 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.039 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S899 our public lands, and support the sus- Before I get into my full remarks, I What we do through this legislative tainable use of our natural resources. also want to recognize the efforts of package is we really provide new op- What we will vote on will go a long several of the other members of the En- portunities for economic development way toward ensuring that the outdoor ergy Committee who have really gone through land conveyances and ex- places that we all treasure will be pro- the extra mile to help us get to this changes. We expand and we enhance ac- tected for future generations of Ameri- point. On our side of the aisle, Senator cess for sports men and women on our cans to enjoy. GARDNER and Senator DAINES have Federal lands for hunting, fishing, and I yield the remainder of my time. been just dogged in making sure that— other outdoor recreation activities. I suggest the absence of a quorum. as issues arose and as we tried to cob- This should be noted. We have been The PRESIDING OFFICER. The ble together different proposals, they trying to work a sportsmen’s pack- clerk will call the roll. were in the thick of it and have been age—a compilation of bills that relate The legislative clerk proceeded to helpful every step of the way. On the to access on our Federal lands for call the roll. other side of the aisle, Senator HEIN- hunting, fishing, and shooting sports. Ms. MURKOWSKI. Mr. President, I RICH and Senator WYDEN have been We have been trying to do this for ask unanimous consent that the order equally aggressive and helpful in all three Congresses running. It is long they have done to help advance and for the quorum call be rescinded. overdue. The PRESIDING OFFICER. Without build support for this package. We also feature provisions related to objection, it is so ordered. It is probably true, if you were to western water management, national Ms. MURKOWSKI. Mr. President, we look through this package, you are not park units, other Federal lands admin- are at a point we have been hoping to going to see something that stands out istered by the BLM and the Forest get to for some time, which is debate with bright lights and flags that says Service. One of the provisions that is on S. 47, the Natural Resources Man- these are sweeping changes in Federal probably most strongly supported in agement Act. policy. Most of the items we have in- This is a compilation, if you will, of cluded are probably considered too pa- this package reauthorizes the deposit various lands bills, water bills, and rochial, too local, too discrete to merit function of the Land and Water Con- sportsmen’s bills. This is a lands pack- floor time on a standalone basis. That servation Fund. This expired last Sep- tember. Instead of leaving that pro- age that Senator CANTWELL, Senator is the problem with lands packages, gram subject to repeated lapses and MANCHIN, and I recently introduced, generally, in that they don’t take up a but it is the result of years—multiple lot of space when it comes to a Senate short-term extensions—we see a lot of years, actually—of regular order proc- calendar, but I can tell you that every that around here—what we have done ess in the committees of jurisdiction— one of the provisions in this package is we have agreed to remove that expi- most notably, the Energy and Natural matters to a community, matters to a ration date. We effectively make that Resources Committee. It is the result constituency—many of them in West- permanent, and we paired it—this is of months of intense, bicameral back- ern States, States like mine, that have very important to us. We paired that and-forth negotiations with now-Chair- a great amount of public land, of Fed- permanent authorization with mean- ingful reforms, with meaningful re- man RAU´ L GRIJALVA and now-Ranking eral lands. These are, again, important forms that will help ensure greater bal- Member ROB BISHOP of the House Nat- at a host of different levels. So working ural Resources Committee. In that with colleagues to understand their ance in the funds that are allocated to back-and-forth, we said: We are going local priorities, their constituency, has the program. to be very specific to our jurisdiction really been a real pleasure as part of I mentioned that many of these pro- here, and we are going to stick to a this process. visions might seem very local, very pa- We worked very hard within the En- four-corners agreement that we rochial. We have a provision that will ergy and Natural Resources Committee reached late last year and had actually facilitate the expansion of an airport in this last Congress to prepare the vast confirmed here on the Senate floor in Custer County, SD. I have never been majority of bills in the package, and late December. to Custer County, but when you have a our colleagues on the House side did This package contains more than 100 constriction, a limitation on your abil- the same. What we were able to agree public lands, natural resources, and ity to expand an airport because you to is a package that is sponsored by 50 water measures that have good, strong need a land conveyance, it literally different Senators in this past Con- support in both Chambers. We are at takes an act of Congress in order to gress. When you count the cosponsor that point where we can not only do make that happen. provisions, this package addresses the the back-and-forth, but we can work Another provision in the measure priorities of close to 90 Senators. You through the back-and-forth that comes will enable the construction of a large- have just about everybody in this body, when we are able to advance a package scale solar project in the State of Ari- Republicans and Democrats, who have zona. This is going to bring about jobs, like this to the floor. come together and said: This is an I would like to thank Majority Lead- and it is going to bring about renew- issue in my region, in my State. These able energy opportunities. We have sev- er MCCONNELL and Minority Leader are issues we need to be working on to- SCHUMER for agreeing to add our lands eral more provisions that will des- gether. ignate national monuments but done package directly to the Senate cal- I think it is a real reflection of the the right way. The right way is with endar. This was an agreement that was priorities—the wide range of prior- Congress in the lead, rather than the made back in December. We were teed ities—that Members have for their President exercising his authorities up and ready to go, but in fairness, you home States. I think it is also a sign, run out of time at the end of the year. when you have more than 100 of these under the Antiquities Act—so making There was an agreement that was smaller, more discrete bills packages sure you have that level of consensus reached here on the Senate floor be- together—it is a sign that we are really that is so important when designations tween the two leaders and other col- overdue in moving these lands bills. like this move forward. leagues to make sure that we would The last time we had a significant On some of the more Alaska-specific take up this package quickly and that lands package on the floor was 2014. It provisions, we have upheld our prom- we would work to address it early in has been 5 years since we have had an ise, a promise made decades ago to this new Congress. opportunity to move, again, a signifi- Alaska Natives who served during the A lot of thanks go out to our leader- cant number of Members’ priorities. I Vietnam war. During this time of their ship, and special thanks to my former think it is also a testament to the long service, they basically missed out on ranking member, Senator CANTWELL, hours we have spent and our staffs have their opportunity to receive the land for working with me to get us to this spent reviewing and working through allotments that had been promised to point and to my new ranking member, and really trying to build the agree- them by the Federal Government under Senator MANCHIN, for really stepping ments on what we hope is soon to be the land rights. What we have done is up and helping to manage this package ready to be signed into law. we have worked to address that in- just weeks into his new role as the It is important this bill, this pack- equity in a way that is fair to our vet- ranking member. age, becomes law in the near future. erans and fair to the process.

VerDate Sep 11 2014 01:23 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.041 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S900 CONGRESSIONAL RECORD — SENATE February 6, 2019 We provide routing flexibility for the for us to pass it. It is time to show our majority and minority, as well as the natural gas pipeline that has been pro- strong support, send it to the House of floor staff for their diligence in work- posed for some time. We are able to Representatives, and then to the Presi- ing on this package. I would like to in- create new opportunities for small, dent’s desk. clude a list of names who worked on small, small communities, like down in I am pleased to yield and recognize the package for both me and Senator Kake in or my friend and new colleague on the En- CANTWELL and in our committee over Utkiagvik up in the North Slope. ergy Committee—not a new colleague the last few months. I would also like We also reached agreement to im- but certainly my new ranking mem- to include the names of the floor and prove our volcano warning and moni- ber—who has been a great person to leadership staff. toring system. Some of you might not work with and a real help in all of our Madam President, I ask unanimous think about why we need to be paying efforts. consent that this list of names be attention to our volcanoes. Believe me, The PRESIDING OFFICER (Mrs. printed in the RECORD. you don’t want to be in an aircraft BLACKBURN). The Senator from West There being no objection, the mate- when you are flying through volcanic Virginia. rial was ordered to be printed in the ash. Knowing what is going on is im- Mr. MANCHIN. Madam President, RECORD, as follows: portant. Whether you are in Hawaii, first, I am so pleased to work with my S. 47 Lands Package Staff Team: Mary Alaska, or another State, it is really good friend Chairman MURKOWSKI on Louise Wagner, Democratic Staff Director; just a matter of time before we see something she has worked on for quite Sam Fowler, Democratic Chief Counsel; some time with Senator CANTWELL. David Brooks, Democratic General Counsel; more eruptions. We saw it in Alaska Bryan Petit, Democratic Senior Professional with Mount Cleveland last year and Taking up this new position, I want to make sure I help them the best I can to Staff Member; Rebecca Bonner, Democratic Kilauea in Hawaii. So we are paying at- Professional Staff Member; Camille Touton, tention to that. bring this to fruition. That is what we Democratic Professional Staff Member; These are just a few of the high- are working on right now. To have S. 47 Sarah Venuto, Democratic Staff Director; lights. I am going to be talking to in front of us is pretty special. Lance West, Democratic Deputy Staff Direc- The public lands package includes more of them on the floor as debate tor; Elliot Howard, Democratic Professional such a wide variety of bills, as the Staff Member; Lauren Vernon, Democratic goes on, but I also want to close with chairman has spoken about. There are Research Assistant; Tom Schaff, National kind of an explanation of where we are currently more than 130 different Park Service Bevinetto Fellow; David Poyer, in the process right now. pieces of individual legislation that Democratic Staff Assistant; Kennedy As I mentioned, when you have a Woodard, Democratic Staff Assistant; Cam- will address many Members’ priorities package that has 100-plus bills—and we eron Nelson, Democratic Research Assistant; for public lands and natural resources haven’t done something like this in Sean Byrne, Legislative Assistant; Gary in their respective States. A public now 5 years—there is no shortage of Myrick, Secretary for the Minority; Tricia lands package doesn’t come together provisions that we could include. We Engle, Assistant Secretary for the Minority; that often. I think it has been 5 years, Ryan McConaghy, Floor Assistant to the really worked hard. We did our best to as was said, and they are far and few Democratic Leader; Daniel Tinsley, Floor work through everything we had on the between. When it does, we try to ac- Assistant to the Democratic Leader; Brad table and included as much as we could commodate and do the right thing that Watt, Floor Assistant to the Democratic reach agreement on. I think we all can Leader; Stephanie Paone, Democratic Cloak- really helps our country and future agree there is more we can do, and we room Assistant; Maalik Simmons, Demo- generations. cratic Cloakroom Assistant; Nathan Oursler, should try to do, and that our work on Many of the bills in this package pro- our lands and our resource issues is not Democratic Cloakroom Assistant; Mary vide technical corrections and im- Frances Repko, Minority Staff Director; An- going to end just because we passed provements to existing policies but do drew Rogers, Minority Chief Counsel; this bill. not have a significant impact outside Christophe Tulou, Minority Senior Counsel That is why I would encourage folks their local sphere. However, these and Policy Director; Elizabeth Mabry, Mi- to view this as a first step. It is lit- minor bills will improve the way our nority Professional Staff Member; and John erally a downpayment. We say we are public lands are managed and con- Kane, Minority Senior Professional Staff Member. clearing the decks of the provisions served at the ground level. While these that have been outstanding for a long bills are important to the residents of Mr. MANCHIN. This package enjoys time right now and that are ready to the small towns like mine across the support from numerous national go right now. America and Members of this body who stakeholder organizations across the I know we have several Members who represent them, rarely will these indi- political spectrum. For example, the would like to have amendments. We vidual bills receive the floor time they National Wildlife Federation and the want to try to find a way to accommo- truly deserve. Because of this, it is nec- Congressional Sportsmen’s Foundation date some of those, but that is going to essary for us to move these bills to- are two of its strongest and most dedi- take a level of cooperation. It always gether in this package, which is what cated advocates. I thank them for their does. We may be able to take some by we have coming up before us probably support. I ask unanimous consent that unanimous consent or by rollcall vote, by tomorrow. the list of organizations writing in sup- but there are also going to be some we This package was literally years in port of this bill be printed in the are just not going to be able to accept the making. As I said, it builds on the RECORD. at this time and on this package. package that was negotiated last De- There being no objection, the mate- Again, I would take back to the bi- cember by Chairman MURKOWSKI, then- rial was ordered to be printed in the partisan agreement that we had and Ranking Member CANTWELL, then- RECORD, as follows: the spirit of that agreement, that we Chairman BISHOP, and then-Ranking The organizations include: Bi-partisan Pol- icy Center Action; League of Conservation want to stay away from things that are Member GRIJALVA of the House Natural Voters; Boone and Crockett Club; Ventura outside our jurisdiction or that would Resources Committee. Together, this create problems with the House. The County; Chugach of Alaska Corporation; The group came together and negotiated a Wilderness Society; conservation groups in- House has been good—a cooperative ar- large package. Unfortunately, the Sen- cluding National Audubon Society and the rangement up to this point in time. I ate could not pass the package last De- Sierra Club; livestock groups such as the think it is fair to say we have had some cember, which is why we find ourselves Public Lands Council, National Cattlemen’s very good signals that they are anxious here today. Beef Association, and American Sheep Indus- to receive this from the Senate and I am grateful for the opportunity to try Association; outdoor recreation groups thus help us facilitate its passage into serve as the ranking member of the including Access Fund, American Alpine law. committee and to be working with my Club, American Canoe Association, Amer- ican Whitewater, Colorado Mountain Club, For those who aren’t able to add friend from Alaska Chairman MUR- their specific provisions, you certainly International Mountain Bicycling Associa- KOWSKI on this package but also on tion, Outdoor Alliance, Outdoor Industry As- have my commitment to work with many other issues we will consider in sociation, Surfrider Foundation, The Con- you in this Congress, but in the mean- the committee in the coming time. servation Alliance, The Mazamas, The Moun- time I think what you have in front of I would also like to take this mo- taineers, Winter Midlands Alliance; organi- you is an excellent package. It is time ment to thank the committee staff, the zations representing the Outdoor Recreation

VerDate Sep 11 2014 01:48 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.042 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S901 Roundtable including American Horse Coun- rural areas, with few other economic hunting in West Virginia is one of our cil, American Sportfishing, Association opportunities, making these treasures oldest pastimes in which friends and Archery Trade Association, Association of economic engines for the surrounding families can gather and spend quality Marina Industries, Boat Owners Association of the United States, The Corps Network, communities. In fact, data from the time together. International Snowmobile Manufacturers, U.S. Department of Commerce’s Bu- As I work with other Members of this Association Marine Retailers, Association of reau of Economic Analysis shows the very body on difficult issues where we the Americas Motorcycle Industry Council, outdoor recreation economy accounted may strongly disagree with each other, National Association of RV Parks and Camp- for 2.2 percent of GDP and grew faster we are able to set aside differences grounds, National Marine Manufacturers As- than the overall economy. when it comes to sportsmen’s tradi- sociation, National Park Hospitality, Asso- According to the Outdoor Industry tions. The conversations quickly turn ciation National Shooting Sports Founda- Association, outdoor recreation sup- to stories of hunting a deer with our tion, PeopleForBikes, Recreational Off-High- way Vehicle Association, RV Dealers Asso- ports 7.6 million direct national jobs children and grandchildren or taking a ciation RV Industry, Association Specialty and $887 billion in consumer spending. child to the first deer camp. It is im- Equipment Market, Association Specialty Overall, this contributes billions to the portant that we provide opportunities Vehicle Institute of America; sportsmen’s Federal, State, and local governments to keep these traditions alive. groups including American Fly Fishing in tax revenue. The Natural Resource Management Trade Association, American Sportfishing In West Virginia, outdoor recreation Act will expand and enhance sports- Association, American Woodcock Society, supports 91,000 direct jobs and $9 billion men’s access by making Federal lands Angler Action Foundation, Archery Trade in consumer spending. Each year, 67 throughout West Virginia and the Na- Association, Backcountry Hunters & An- glers, Bass Anglers Sportsman Society percent of West Virginia residents take tion ‘‘open unless closed’’ for fishing, (B.A.S.S.), Bear Trust International, to the outdoors to escape the hustle hunting, recreational shooting, and Bonefish & Tarpon Trust, Boone & Crockett and bustle of their daily lives to enjoy other outdoor activities. Club, California Waterfowl Association, the peace and certainty of our wild and As a hunter myself and as vice chair Camp Fire Club of America, Congressional wonderful outdoor heritage. It is truly of the Congressional Sportsmen’s Cau- Sportsmen’s Foundation, Conservation almost heaven. If you haven’t been cus, I know how frustrated sportsmen’s Force, Council to Advance Hunting and there, we welcome you. groups have been in trying to get their Shooting Sports, Delta Waterfowl, Ducks This package provides permanent re- bills passed the last few years. That is Unlimited, Fly Fishers International, Hous- ton Safari Club, Izaak Walton League of authorization of the Land and Water one of the reasons I am pleased that America, Land Trust Alliance, National Deer Conservation Fund, which Senator Chairman MURKOWSKI’s bill, of which I Alliance, National Marine Manufacturers As- MURKOWSKI has pointed out. This is am an original cosponsor, the Sports- sociation, National Shooting Sports Founda- something most every one of us—535 men’s Act, is included in this package. tion, National Wildlife Federation, North Members of Congress—is truly sup- The Natural Resource Management American Falconers Association, Orion: The portive of because it affects our States Act also establishes several national Hunter’s Institute, Outdoor Industry Asso- and our districts. LWCF is a simple yet heritage areas, including one in West ciation, Outdoor Recreation Roundtable, Virginia, the Appalachian Forest Na- Pheasants Forever/Quail Forever, Pope & highly effective conservation tool with Young Club, Public Lands Foundation, Qual- unrivaled success over the last 50 tional Heritage Area. National heritage ity Deer Management Association, Rocky years. Every year, $900 million in roy- areas are designated by Congress as Mountain Elk Foundation, Ruffed Grouse alties paid by energy companies drill- places where natural, cultural, and his- Society, Sportsmen’s Alliance, Texas Wild- ing for oil and gas on the Outer Conti- toric resources combine to form a co- life Association, The Nature Conservancy, nental Shelf are put into this fund. hesive, nationally important land- Theodore Roosevelt Conservation Partner- Unfortunately, LWCF expired last scape. The Appalachian Forest Na- ship, Trust for Public Land, Whitetails Un- September. The National Resource tional Heritage Area has been oper- limited, Wildlife Forever, Wildlife Manage- Management Act provides permanent ating as an ad hoc national heritage ment Institute; and The Corps Group Net- work with many national and regional orga- reauthorization of the LWCF. That is area for more than a decade. Despite nizations including Appalachian Trail Con- enough to bring all of us together. not having official designation, the Ap- servancy Leadership Corps, Citizens Con- This permanent reauthorization en- palachian Forest Heritage Area has servation Corps, Harpers Ferry Job Corps Ci- sures that States and Federal public continually done a great deal for West vilian Conservation Center, and Stewards In- land management Agencies have the Virginia. For example, the Appalachian dividual Placement Program. ability to continue to protect and con- Forest Heritage Area administers a Mr. MANCHIN. This package should serve our natural resources for the credible AmeriCorps program. In one be warmly received by both Democrats next generation, and it does so without recent program year, 38 AmeriCorps and Republicans. It is truly a bipar- relying on taxpayer dollars. members completed more than 65,000 tisan effort. For starters, the package Since 1965, more than $243 million in service hours directly benefiting local includes numerous land exchanges and LWCF funds have been spent in my lit- rural areas in West Virginia, as in conveyances, designates over 1.3 mil- tle State of West Virginia on more every State. These 38 members im- lion acres of wilderness, designates 367 than 500 projects, both on State and proved 1,700 acres of public land and miles of wild and scenic rivers, and pro- Federal lands. This includes improve- managed more than 1,000 total volun- vides boundary adjustments, designa- ments to local parks and public spaces teers. tion changes, and management im- and 54 of our little State’s 55 counties. By providing the official NHA des- provements to numerous areas in all It also funded acquisition for our most ignation, the Appalachian Forest Her- four corners of the country. All of this cherished public lands, such as the itage Area can earn the national rec- will improve access, provide rec- Gauley River National Recreation ognition it deserves and is now also eli- reational opportunities, and allow four Area, the New River Gorge National gible for grants and technical assist- of our Federal public land management River, and Dolly Sods in the ance from the National Park Service. Agencies—the Bureau of Land Manage- Monongahela National Forest. This will take their programmatic ef- ment, the Forest Service, the Fish and This package also includes some forts and other services they provide to Wildlife Service, and the National Park long-awaited priorities for our sports- the region to the next level. Service—to better serve the public men’s groups. Each year, more than I believe that this package is a great through their varying missions as di- 350,000 hunters take to the woods in bill for both my Republican and Demo- rected by Congress. West Virginia to pursue game. These cratic friends. Numerous pieces of leg- Our public lands are truly one of the hunting traditions directly benefit islation that have been longstanding Nation’s greatest treasures, and we are rural communities, generating annual priorities for many Members are in- unique in how we set aside some of our revenue and supporting 5,000 jobs. Ac- cluded. most special places in the country to cording to the West Virginia Division I would like to thank Chairman MUR- be conserved, protected, and easily ac- of Natural Resources, hunting-related KOWSKI again, as well as other members cessible to the public so we can all expenditures total nearly $270 million of the Energy and Natural Resources enjoy the beauty these areas offer. of the State’s economy. Aside from Committee, for their efforts to reach Usually, these lands are located in this, and perhaps most importantly, an agreement on this bill. For those of

VerDate Sep 11 2014 01:48 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.002 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S902 CONGRESSIONAL RECORD — SENATE February 6, 2019 our colleagues who felt that they were dise Valley for an obvious reason. It stone Gateway Protection bill is a part not able to get exactly what they truly is a piece of paradise. It is the of, these business owners now can sleep wanted or exactly what they would headwaters of the Yellowstone River, at night, knowing that the businesses love to have had in this bill, we are which is one of the longest undammed they have built over the past many committed to working with them to rivers in the world. Paradise Valley is decades will continue and they will be further help them in getting access to flanked on both sides by legendary able to continue to look for the oppor- any other piece of legislation we will mountain ranges: the Gallatins and Ab- tunity that God has created into Para- have working through the committee. sarokas. It is the gateway to our Na- dise Valley. I want to thank the majority leader tion’s first national park, Yellowstone. But this Yellowstone Gateway Pro- for his willingness to bring this bill to These business owners—who ran fly tection Act isn’t the only provision the floor. I believe it is time to send shops, breweries, guide and outfitter that Montanans are fighting for. The the bill to the House and to the Presi- businesses, and dozens of other local Land and Water Conservation Fund is dent for his signature. We have had a hangouts—were relying on literally the best conservation tool this country great working relationship with Chair- hundreds of thousands of visitors to has. It does a lot of really good things, man GRIJALVA, and he is committed to flock to this region to experience including access to public lands, in- working with us as we work through something they can experience no- cluding making sure we have more of this process. where else on Earth. They were rightly our hunting, fishing, and hiking spots There are many pieces of good legis- concerned that multiple large-scale available to folks who don’t have to be lation in this package that will be val- mining operations would put their millionaires. Since this Land and ued for years to come by communities local economy at risk and, in fact, put Water Conservation Fund was founded across the country and each one of our them out of business. some 5 decades ago, LWCF has invested States. I strongly encourage Members I went in October of 2015 and met hundreds of millions of dollars to in- to vote yes on this final package. with these folks. I listened to their crease outdoor activities on our public Thank you. concerns that these mines would dev- lands. We have used it to preserve tens I yield the floor to the Senator from astate their businesses and the breath- of thousands of acres of the world-class Montana. taking landscape in which they have elk habitat in central Montana. The PRESIDING OFFICER. The Sen- chosen to live. In that moment, it was We invested LWCF dollars to in- ator from Montana. clear to me that the community needed crease fishing access sites along the Mr. TESTER. Today is a special day. permanent protection. So I announced rivers that Norman McLean made so Today is a culmination of years of my intent to introduce a bill—one of famous in ‘‘A River Runs Through work. I mean that. We were literally on the bills that is in this lands package It’’—the Blackfoot and the Missouri. the floor 7 or 8 years ago with a bill that we are taking up here today—to LWCF is a driver of Montana’s ever- similar to this one that did not get do exactly that: Provide permanent growing, increasing $7 billion-a-year protection for Paradise Valley. across the finish line. We were here 2 outdoor economy. Best of all, it is paid After months of working together, years after that and 2 years after that, for by offshore drilling fees, so it and now we are here today. this bill became known as the Yellow- stone Gateway Protection Act. This doesn’t cost the taxpayer a dime. Before she leaves the floor, I want to Despite all of this success, the major- bill is a result of collaboration; it is thank Senator MURKOWSKI for her lead- ity has allowed LWCF to expire twice the result of hard work, and it does ex- ership. Senator CANTWELL is not here, in the last 4 years. I will tell you that actly what is in the title. It will pro- but I want to thank her for the work this uncertainty has taken a toll on she has done on this bill because it was tect the gateway to Yellowstone by permanently eliminating the ability of Montana’s hunters, hikers, anglers, big. I want to thank Senator MANCHIN and businesses, which rely on our Na- for continuing the legacy of these two, proposed mines to expand onto public land near the doorstep of our Nation’s tion’s best conservation tool. and, hopefully, it can continue over the This lands package will again guar- next year. Quite frankly, bills like this first national park, Yellowstone. Responsible, natural resource devel- antee that LWCF will never expire don’t get done every day, and they opment plays an important role in again. It permanently reauthorizes this don’t get done by accident. They get Montana’s economy, but there are sim- very successful initiative, and it guar- done by leadership and folks working ply some places where you should not antees that Montanans and all Ameri- hard. I thank both of you. If Senator drill or dig, and one of those is at the cans have the long-term ability to ex- CANTWELL is listening, thank you very doorstep of Yellowstone National Park. pand and protect public access for fu- much for the work that has been done. By permanently protecting the gate- ture generations—ecosystems that, by I am very proud to stand here on be- way, we can protect thousands of jobs the way, may not be around in another half of countless Montana small busi- and billions of dollars that flow into 10 or 20 years. nesses and community members who Montana’s economy every year. Passing this legislation is a big win had a crazy idea a few years ago about Senator MANCHIN talked about the for our public lands and for the outdoor not wanting an out-of-State mining impact of the outdoor economy on economy, but our work is not done yet. company—actually, not even wanting West Virginia. We are very much a part We have more work to do. an out-of-country mining company, a of that outdoor economy. Fly fisher- Permanently reauthorizing LWCF is foreign mining company—to expand men spend more than $70 million annu- very, very important, but where the the mine on the doorstep of Yellow- ally at these local businesses while try- rubber really meets the road is LWCF stone National Park. I am standing ing to earn the respect of Yellowstone funding. here today to tell them that I heard River’s brown, rainbow, and cutthroat LWCF was authorized to receive $900 them. I listened to them, and I was not trout. In total, the communities in million some 50 years ago. In the Presi- going to stop until this bill was signed Park County see nearly $200 million dent’s budget last year, he proposed $8 into law. pumped into their local economy every million for LWCF. Remember what I I want to take you back about 4 year, a trend that continues to rise and just said. Over 50 years ago, it was years. A group of small business own- rise rapidly. meant to have $900 million. Last year, ers who cared about the future of their Quite frankly, if you haven’t been the President’s budget proposed $8 mil- community got together after they there, I will just explain it this way to lion—a cut of nearly a half billion dol- caught wind of two mining companies you: God doesn’t make places like this lars from the previous year. that were planning to expand their op- everywhere. It is a special place. It is a After Congress rejected that proposal erations on nearby public land, which place so special that the people who and it appropriated a little over $400 threatened the area’s rapidly growing live there understand that it could go million for LWCF, nearly every Mem- outdoor economy—one of the fastest away with one bad decision. So we need ber of the majority, except one, right growing economies in the State of to protect it and protect those small after we put those dollars in, voted to Montana. This mine expansion was set businesses and protect that way of life. rescind a chunk of those dollars. to take place in a place we call Para- That is why this week, as we pass So the fact of the matter is that dise Valley. That place is called Para- this lands package that the Yellow- without mandatory funding, our public

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Save for the sake of our public lands, continue to turn a blind eye to a cul- Again, I ask my Senate colleagues to for the sake of our kids, and for the prit, and that is the consistent failure pay attention to this issue—liver sake of clean air and clean water, I to live up to expectations and to waste transplants, something that will make think this bipartisan lands package organs that could save lives. a difference in the lives of many Amer- serves as a launching point toward This failure to address this issue in- icans in your States and in mine. mandatory funding for LWCF. creases wait times for patients who I yield the floor. I know there is already a bipartisan need organs and causes unnecessary The PRESIDING OFFICER. The Sen- bill out there that does exactly that. stress and anxiousness for those who ator from Minnesota. So I would just say that we have part are on that waiting list for a potential FAIR COMPENSATION FOR LOW-WAGE of the job done. We ought not to be organ at a time when they grow sicker CONTRACTOR EMPLOYEES ACT OF 2019 taking victory laps for doing part of and sicker. Ms. SMITH. Madam President, last the job. We have more work to do, and Health and Human Services, CMS, or night President Trump delivered the that is to fully fund the Land and the Center for Medicaid and Medicare State of the Union Address, and he Water Conservation Fund, and, hope- Services, HRSA, OPTN, and UNOS are talked about a lot of issues, including fully, we will get a bipartisan effort to all abbreviations for organizations that immigration and national security, do exactly that because these are im- share the blame for the predicament healthcare, and prescription drugs. He portant investments. They are invest- our country finds itself in. talked about the need for bipartisan- ments that will maintain a quality of This is perhaps the most important ship. While I don’t always agree with life not only today but tomorrow, for part of what I want to reiterate or the President, I do agree that we future generations and for them the op- state again on the Senate floor: These should seek bipartisanship where we portunity to reap the kind of economic organizations have decided that in- can, and today I would like to address rewards that we do because of the fore- stead of pushing organ procurement or- one area that is ripe for bipartisan ac- sight and vision of generations that ganizations to do their job, they will tion. came before us. simply draw more organs away from I am so pleased that Senator BROWN, I yield the floor. areas with quality donor organizations Senator VAN HOLLEN, Senator WARNER, The PRESIDING OFFICER. The Sen- and high donation rates—places in the Senator CARDIN, and Senator KAINE ator from Kansas. Midwest, places like Kansas, places have all played key roles in the effort ORGAN DONOR PROCUREMENT like Missouri. So the solution to a I am going to talk about this after- Mr. MORAN. Madam President, I rise problem—the lack of organs to be noon, and many of them will be joining today to express my dissatisfaction and transplanted—is not to get more people me today on the Senate floor. In addi- disappointment over what is a life-and- to donate organs and to improve the tion, Senator CASEY will be joining us, death matter for many Americans. My organizations responsible for those do- and I am so glad that he is adding his disappointment is about the actions re- nations but, instead, to take organs voice. cently taken by the Center for Medi- from places that are doing their job So many Americans suffered during care and Medicaid Services, and the ac- and transmit them across the country. the wasteful and unnecessary govern- tion they took was reinstating the I have written to and am waiting on ment shutdown that recently ended, organ procurement organization responses from the Secretary of Health but for one group of Americans, the LiveOnNY. and Human Services, Mr. Azar. There shutdown isn’t over. These Americans I am a Kansan. This is not an organi- are two letters, in fact, that remain are employees of Federal contractors. zation that is located in my State, but unanswered. Now, in previous shutdowns, Federal this decision by CMS, when combined The first letter was sent by Senator contractors didn’t receive backpay, and with recent policy changes from the BLUNT and me expressing our concern they haven’t received backpay after Organ Procurement and Transplant at OPTN’s decision to ignore trans- this shutdown, either. Now, that is not Network, misses the mark, and it plant experts and push through a dan- fair, and several of my colleagues and I misses it widely. We should be improv- gerous new policy related to liver allo- are determined to fix this. So over the ing the organ procurement process and cations for donation. next hour or so, my colleagues and I increasing the number of available or- The second letter, signed by a quar- will come together on the Senate floor gans for transplant rather than ex- ter of the U.S. Senate, expresses broad to talk about the importance of pro- panding the distance organs travel and concern with OPTN’s process and the viding backpay to the employees of moving additional organs from high do- reasoning behind a proposal that ap- Federal contractors who lost over a nation areas to low donation areas. pears to disadvantage areas that have month’s worth of wages. CMS’ recent decision to renew this actually done their jobs. Thousands of Federal contract em- contract, which was initially meant to This new policy punishes those who ployees work shoulder to shoulder with be canceled due to years of poor per- are successful in procuring organs for Federal employees to make the govern- formance, is troublesome. This organi- donation and rewards those who con- ment work. They clean office build- zation was the only organization out of tinue to fail and do not appear to at- ings, provide security, serve millions of the 58 organ procurement organiza- tempt to make improvements. meals a year, and do countless other tions to have a contract canceled for Let’s recall that the new policy that jobs. poor performance, which was only done we are complaining about was rammed In an op-ed published today, Con- after numerous reprimands and pen- through by OPTN and UNOS, and it gresswoman AYANNA PRESSLEY, the alties that failed to lead to improve- will simply shift donated organs, like sponsor of the House companion to our ment. livers, to wider areas across the coun- bill, and I shared a story that we heard Conversely, it was reassuring that try while doing nothing to improve the from Tamela Worthen, a security guard CMS was finally going to take some re- donor rates countrywide or to improve at the Smithsonian Institution. sponsibility toward ensuring that the performance of OPOs. This is sim- Tamela said that she was worried that donor organizations are adequately ply an avoidance of the problem, not a she would fall behind on her mortgage performing their jobs and protecting solution to it. and car payments, ruining the good patients. However, CMS quickly re- CMS has failed to conduct proper credit that she had worked so long and versed course and abdicated their duty oversight of organ procurement organi- hard to build. As she spoke, beads of to protect some of our Nation’s most zations, leading to organ shortages sweat started rolling down her face. We vulnerable patients when they an- that carry a real cost in patient lives, were wondering: Was she nervous about nounced they would reinstate this li- who die while waiting on transplant speaking in front of a crowd? cense. lists. But, no, as Tamela explained, she is Our Nation continues to face a short- This is a matter that affects many diabetic and has high blood pressure. age of organ donors. We need more States, and it is time for us to have an- Without her regular paycheck, she donor organs, but our agencies and or- swers from those who make these deci- hadn’t been able to afford the copay for

VerDate Sep 11 2014 01:48 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S904 CONGRESSIONAL RECORD — SENATE February 6, 2019 a doctor’s appointment to have her Here is what our bill would do. It caused tremendous harm. We know the blood tested and her prescription re- would use an existing contracting proc- harm it caused 800,000 Federal workers. newed. So she was going without her ess that is known as equitable adjust- Over half were forced to work without medicine. ment to make sure that contractors pay, but they showed up and worked Too often, these Federal contract can provide backpay to workers, with because they are patriotic Americans workers are invisible to the public, but full backpay to low-wage workers and who believe very much in the mission I want them to know that those of us partial backpay to those who are earn- they are doing on behalf of this coun- speaking on the Senate floor today ing higher incomes. try, the noble service of public service haven’t forgotten about them. Our effort is gaining support every on behalf of their fellow citizens. Can Now I would like to read a little bit day. In the Senate, we now have bipar- you imagine trying to figure out how of a letter that I got from a con- tisan support with a group of more you are going to find money to put gas- stituent in Minnesota named Annie. than 40 cosponsors and counting, and oline in your car so you can drive to Annie is a chemist who works as a Fed- nearly 70 organizations, including the work to do your service and not get eral contractor at the Environmental AFL–CIO, the National Partnership paid for that day of work or how you Protection Agency in Duluth, MN, and For Women and Families, Oxfam are going to pay for your daycare or she wrote me a powerful letter about America, the United Methodist Church how you are going to pay for your daily how the shutdown affected her. Here General Board of Church and Society, expenses? But they are loyal, patriotic are a few pieces of what she shared. and the United Steelworkers that have people who showed up every day for Annie wrote: all written in support of providing work. Close to 400,000 were furloughed I look forward to my job because I am sur- backpay for these workers. and locked out without pay. rounded by colleagues who are passionate This is what their letter of support As Senator SMITH said, this body, about their work and want to make a signifi- says in part: ‘‘These federal contract with the help of the House and the sig- cant change towards bettering our environ- workers help keep our nation running, nature of the President—S. 24, legisla- ment. . . . This work contributes to a large even if their paychecks aren’t cut di- collaborative effort of tracking and moni- tion I authored with Senator SMITH’s rectly by the U.S. government, and help, the Government Employees Fair toring the health of the Great Lakes, a price- they need their paychecks just as badly less freshwater resource. Treatment Act, makes it clear that in as federal employees and deserve the the event of a shutdown, our Federal Annie went on to say: same considerations when the govern- My frustration with the shutdown stems workforce will get their paychecks. ment shuts down.’’ They will not get them timely. They not only from a personal angle, but also from So I want to say thank you to every- are still going to be inconvenienced. the halt it has put on environmental re- one who continues to make their voices search. They are still not going to be able to heard on this important issue. I am es- pay their bills. But they will know that She says: pecially thankful to the workers who at the end of the day, when govern- I am losing wages that I count on each shared their stories, like the great- ment reopens, they are going to get month to make significant payments to- grandmother who is taking care of her wards my student loans and contributions to their paychecks, as they should and as two great-grandchildren, the employee my savings, including my retirement sav- every Member of this body agreed is ings. I can honestly say I never thought I who was furloughed from two different jobs who now can’t afford his electric the right thing to do, because our Fed- would be applying for unemployment, espe- eral workforce was not responsible for cially at 31 years old, but today I did just bill, and the worker at risk of losing that. Of course, collecting unemployment is their home because they couldn’t pay this shutdown. But it goes beyond just 800,000. It better than no wages at all, but it is still a their mortgage. far cry from earning my normal income. Providing backpay to contractors is even goes beyond our contract workers. Annie finishes by saying: an important opportunity for Repub- Our economy itself suffered. I had an The irritation I feel about the shutdown licans and Democrats to do what is opportunity to be the ranking Demo- extends beyond lost wages. I am very pas- right and to come together. If you crat on the Small Business and Entre- sionate about my work, and I believe that think it is wrong that hard-working preneurship Committee. I can tell you what I do is important and contributes to a people didn’t get paid because of a that small businesses throughout the critical subject: The environment. shutdown that had nothing to do with country were very much impacted by Now, Annie makes a great point. them, then it is time for you to make this 35-day shutdown. I am talking Federal contract workers like Annie do your voice heard. Let’s fix this, and about small businesses that didn’t have important work for people in Min- let’s fix it through hashtag a direct relationship with the govern- nesota and across the country, and it is ‘‘BackPayNow.’’ ment or contract with the govern- wrong for Annie to go without pay be- Thank you very much. ment—small businesses near our na- cause of a shutdown fight that had I yield to Senator CARDIN from Mary- tional parks. nothing to do with her. land. I had a meeting with Senator VAN The Senate recently passed legisla- The PRESIDING OFFICER. The Sen- HOLLEN in Montgomery County, MD, tion to provide backpay to Federal em- ator from Maryland. with small businesses in the commu- ployees authored by Senator CARDIN, Mr. CARDIN. Madam President, first nity. Because there were so many Fed- and I am very honored to be able to of all, I want to thank Senator SMITH eral workers who had been furloughed support Senator CARDIN in that work. for her leadership on this issue. This without pay and contract workers who That bill passed without a single Sen- involves 1.2 million contract workers didn’t have paychecks, the average ator objecting. who could very well not only lose their business that was there that day— Now, I strongly support providing pay from the 35 days of the Govern- there were many there—their business backpay to Federal employees, and it ment shutdown but not have any mech- was down 20 to 60 percent. They are not is just common sense that the contrac- anism to receive that backpay. going to be compensated for this. tors who work side by side with these Senator SMITH has filed legislation Of course, the American people were Federal employees should get the same that is fair legislation, it works, and it denied the services they needed, wheth- backpay that they deserve as well. is the right thing for us to do. These er it was the FBI in full force to keep The shutdown was wasteful, and it workers did not lose their pay because them safe or food inspectors doing made pawns of hundreds of thousands of anything they did wrong. These are their work. This was a disastrous shut- of people. Yet Federal contractors have the same as government workers be- down. never been made whole in any shut- cause they are performing government We can do something for the contract down, including this last one, and we work. They are maintaining our build- workers. As I said, these are people think that needs to change. ings, cleaning our buildings, providing who are doing work on behalf of this Why should these hard-working peo- security for government buildings. In Nation. They are working in our build- ple be forced to pay the price for the some respects, these are very similar ings. They are keeping our buildings shutdown? to our direct Federal workforce. safe. They are keeping our buildings So we are working to fix this, and we We know that this 35-day, dangerous, clean. They are working for modest have bipartisan legislation to do so. outrageous, and unnecessary shutdown pay. These are not highly paid jobs.

VerDate Sep 11 2014 01:48 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.049 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S905 They were not paid during those 35 I really appreciated the phone call I State of the Union Address. I invited days, and unless Senator SMITH’s legis- received from Senator SMITH. She rec- her here to draw attention to the lation is passed, they will not get com- ognized that we had to build support plight that she and others find them- pensated. for the legislation but also make it selves in. I want to thank Senator SMITH for S. work right because it is much more She is 71 years old. She lives in Ha- 162, the Fair Compensation for Low- complicated to figure out the target gerstown, MD. She commutes about 2 Wage Contractor Employees Act. It is group we are trying to help to make hours a day to the Department of Agri- well-drafted using existing mechanisms sure it is drafted in the right way. She culture, where for 21 years she has pro- to compensate low-paid contract serv- reached out to get that type of help on vided janitorial services to help keep ice workers. It is the right thing to do. drafting, as well as getting support the Department of Agriculture up and We estimate that as many as 1.2 mil- among the stakeholders to make sure running and clean. She is, right now, lion people could be affected by this. the bill was properly drafted. It took the primary breadwinner for two of her This has had a major impact on their some time, and now we have a bill that grandchildren, who depend on her and lives and on our economy. we can all be proud to support. the support she receives from her job During the shutdown last month, I So once again, I want to thank my to make sure they can put food on the received a letter from Robert Conrad, colleague from Minnesota for the man- table and pay for medical expenses and president and CEO of LJT & Associ- ner in which she has gone about pre- pay for housing. When the government ates. LJT & Associates is a midsized senting this legislation. shut down for 35 days, Ms. Johnson firm based in Columbia, MD, that is Ms. SMITH. Thank you. didn’t get a paycheck. the top contractor for NASA’s Wallops Thank you, Madam President. She is not a highly paid employee Island flight facility on the Eastern I suggest the absence of a quorum. like most of these Federal service con- Shore. The PRESIDING OFFICER. The tractors whom we are talking about. Mr. Conrad wrote: ‘‘The shutdown clerk will call the roll. We are talking about people who are has had a significant negative impact The assistant bill clerk proceeded to living, really, paycheck to paycheck— on our business and, more importantly, call the roll. people who provide janitorial services our employees and their families . . . Mr. VAN HOLLEN. Madam Presi- and cafeteria services. We are talking As a result of this lengthy government dent, I ask unanimous consent that the about security guards and some con- shutdown our company has not been order for the quorum call be rescinded. struction workers around the country. paid by NASA and other agencies for The PRESIDING OFFICER. Without We are talking about lower wage and work performed in November and De- objection, it is so ordered. middle-wage employees who work for cember 2018 and this lack of payment Mr. VAN HOLLEN. Madam Presi- companies that contract with the Fed- continues to worsen by the day. As a dent, I thank the Senator from Min- eral Government to provide services. result, we are faced with decisions to nesota, Senator SMITH, for organizing So Ms. Johnson is really scrambling furlough or lay off our valuable em- this discussion on the Senate floor now to pay the bills and to keep her fi- ployees. Unlike federal civil servants, today to bring attention to the plight nancial head above water. That is why our employees will not receive pay for of the Federal contract employees who I was pleased that she could join us suspended work during the shutdown, were locked out of their jobs for 35 last evening. I had hoped that, maybe, making the impacts of the layoff a per- days and, therefore, didn’t get pay- the President would have said some- manent financial burden for them and checks for 35 days, even though the thing about service contract employ- their families.’’ bills kept coming in. I hope that we ees. Well, let’s respond to Mr. Conrad. will avoid another government shut- Many of us wrote a letter to the Of- Let’s respond to those 1.2 million down in the coming weeks. fice of Management and Budget, asking Americans who are doing work on be- We should also use this time to make the OMB to use its contract authority half of all of us. The shutdown was not sure that we repair some of the damage to try to make these Federal service their fault. As we compensated our that was caused by the unnecessary contract employees whole because we Federal workforce, let’s also provide a and really shameful record-long 35-day believed that it had some power to safety net for those who lost their com- government shutdown. It should never make contract adjustments to fix some pensation as a result of this shutdown, have happened. It caused disruption of this problem. We don’t know exactly the low-wage service workers. throughout the country. Small busi- I hope we can find a way to quickly what the extent of the OMB’s author- nesses, in many cases, were unable to pass S. 162, and I again thank Senator ity is, and we don’t know if it will use get loans. We know that we had 800,000 it in the administration even if it has SMITH for her leadership. Federal employees who didn’t get pay- Ms. SMITH. Will Senator CARDIN it. That is why it is really important yield? checks and that Federal service con- that we move forward and act on this Mr. CARDIN. I yield the floor. tract employees went without work in legislation. The PRESIDING OFFICER. The Sen- many of our Agencies. I think we all agree that it is not fair ator from Minnesota. I was pleased that this body, on a bi- to punish people who have had nothing Ms. SMITH. Senator CARDIN, I want partisan basis, adopted a measure to to do with the political dysfunction in to take a moment to thank you so make sure that Federal employees re- this body and in Washington. Ms. John- much for your leadership on this and ceive backpay. I was pleased to work son has had nothing to do with the dis- for making sure that Federal employ- with Senator CARDIN, Senator SMITH, pute that we have had in this body and ees get the backpay they deserve. I and others on the Republican side to the dispute with the President. For know that when this issue first became get that done. That was really impor- goodness’ sake, she works for the De- clear to me, you were one of the first tant. We provided Federal employees partment of Agriculture. The Depart- people I called over the Christmas holi- with the certainty that, at the end of ment of Agriculture has nothing to do day to talk about what we might do to the shutdown, they would all receive with how we most effectively provide fix this problem. So I greatly appre- backpay, but we have not done any- border security. The Department of Ag- ciate your partnership on this, along thing similar for Federal contract em- riculture is one of the eight or nine De- with the partnership of so many of my ployees, and we need to do that. Sen- partments that was held hostage for a other colleagues here but particularly ator SMITH and I and others have intro- dispute that had nothing to do with the your help on this. Thank you very duced legislation that we hope we can Department of Agriculture’s mission. much. incorporate into whatever agreement That is why people like Lila Johnson The PRESIDING OFFICER. The Sen- we reach to reopen the government have been caught up in something they ator from Maryland. that addresses the plight of these Fed- had nothing to do with. It seems to me Mr. CARDIN. Madam President, I eral service contract employees. that the right thing for us to do is to want to thank Senator SMITH, who I just want to bring to the attention make sure the people who are sort of called me during the holiday recess and of our colleagues one of those individ- caught in the political crossfire are not said: We have this problem. How do we uals. Her name is Lila Johnson. Ms. the ones who, at the end of the day, are fix it? Johnson was my guest last night at the punished.

VerDate Sep 11 2014 01:48 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.051 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S906 CONGRESSIONAL RECORD — SENATE February 6, 2019 I hope we will do the right thing on just spoke, also worked very hard to loughed or laid off during the shut- a bipartisan basis. We have introduced pass that legislation. That is good news down. a piece of legislation. It is a bipartisan that Federal employees have backpay. Who are these individuals we are piece of legislation. It has Democratic In this case now, though, although talking about? Here are just a few ex- and Republican Senators. The same is the government has been open for near- amples. They are custodians, security true for a similar piece of legislation in ly 2 weeks, many vulnerable, low-wage guards, and food service workers who the House. So I am very hopeful that Federal contractors, as opposed to em- work alongside Federal employees and we will use the opportunity of the ployees, are still struggling due to the ensure that our government runs agreement to reopen the government. lack of their backpay. They were not smoothly. Hopefully, we will get there, and we covered by the bill that provided back- We always hear a lot of talk by poli- will keep it open. I hope we will use pay to Federal employees. Over 820,000 ticians and sometimes citizens who that opportunity to address this injus- Federal workers went without pay in complain about the government, deni- tice and to right this wrong. the 35-day shutdown. It is also esti- grate the government, and talk about Again, I thank the Senator from Min- mated that some 2 million private sec- how bad the government is. Then we go nesota. tor employees who work at companies through a 35-day shutdown, and people I yield the floor. that contract with the Federal Govern- realize, maybe more significantly, The PRESIDING OFFICER (Mr. ment also may have gone without pay. what the government does every day. CRAMER). The Senator from Minnesota. Although the financial future of the It does, in fact, help our country run. Ms. SMITH. Mr. President, I thank Federal contractors was and remains in The country doesn’t run simply be- Senator VAN HOLLEN for being here to serious jeopardy, many of their stories cause of the private sector. talk about this. have gone untold. For example, a con- When we are dealing with the after- When I first became aware of this stituent of mine from Adams County, math of this, we have to be thinking of issue, which was over what was the which is on the southernmost border— making those employees whole but also Christmas holiday for us—Federal em- right on the Maryland-Pennsylvania helping the contractors and those who ployees and Federal contractors were border—is a Federal employee, not a work, of course, for the contractors. already not working and not getting contractor, who was furloughed, and These Americans, just like the Federal paid—Senator VAN HOLLEN was one of her husband works for a private com- employees, also deserve to be made the first people whom I called to try to pany that has a contract with the TSA. whole once again. It is essential that figure out what we might do to resolve So there, in one family, one couple, we show our support for those workers this, to solve this problem. you have a Federal employee, and you who keep the government running, I thank you for your leadership and have an employee of a Federal con- whether they are employees or con- for all of the help that you have given tractor. tractors. me and all of us to try to figure out This is what this constituent said: Shutdowns are harmful to the Fed- this problem. Thank you very much. It Because of all of this, we have taken our eral workforce in both the short and has been wonderful to work with you children out of daycare . . . so, now our long term. They pose immediate dan- on this. daycare provider is without hundreds of dol- ger of destroying the economic well- I also note that I am very grateful to lars a month. This will keep trickling down being of working families. As we have to many others. . . . It will not just affect see my colleague Senator CASEY here, heard from constituents across the federal employees. who, I believe, also has some things to country and some I just noted today, say about this. That is what a woman from Adams frequent shutdowns create uncertainty I thank the Presiding Officer. County said. and dissuade people from entering pub- The PRESIDING OFFICER. The Sen- Then you go further east in our State lic service. These are just two of the ator from Pennsylvania. to Montgomery County, a very popu- adverse outcomes or consequences. Mr. CASEY. Mr. President, I rise to lous, suburban Philadelphia county. The bottom line is that we not only speak about the same topic that my This constituent is a Federal con- need to repair some of the damage and colleague from Maryland and my col- tractor. I will read part of this letter, help people by way of legislation or league from Minnesota just spoke of. I not all of it. This constituent said: ‘‘As other actions, but we should also com- will start by highlighting the legisla- of now, I am back working; however, it mit ourselves—both parties, both tion that Senator SMITH from Min- may only be until February 15th.’’ Houses, and it would help enormously That is the day when the current nesota has been leading. I am grateful if the President of the United States continuing resolution runs out. for her work and am grateful to be a would also commit himself—to a very I will continue the letter with these cosponsor and a supporter of the legis- simple goal: no more shutdowns—no words: lation. more shutdowns by anyone. The Fair Compensation for Low- In these last 6 weeks, I have completely In fact, I know that there are a num- Wage Contractor Employees Act is the drained the family’s rainy day fund. . . . I have asked all my utilities and credit card ber of pieces of legislation that would, bill that we are talking about. I think companies to postpone my due payments. In if not have that effect, then at least it is critically important that we pass addition, my 8-year-old daughter was con- create the greatest disincentives for a this legislation. The country has en- cerned we are not going to be able to eat. shutdown to occur. It would help all of dured the shutdown of 35 days. Now we Like many Americans we live paycheck to us if the President used that micro- are in this interim period, waiting for paycheck. phone that he has every day to make it the results of negotiations that are un- I could go on from there, but I will very clear that he is committed to no derway with appropriators. We wish not. I think people understand the sen- more shutdowns, no more hostage-tak- them well, and we hope they can come timent. Most people have some sense of ing, and no more use of shutdowns for to an agreement that can be signed the gravity of the suffering and what leverage. into law so that we will not have the could be even additional suffering, but If the President will not do it, the threat of yet another shutdown. In this most of us can’t even begin to imagine. Congress has to act and send him legis- case, President Trump decided to shut The longest shutdown in American lation. He has the right to veto legisla- the government down for 35 days. That history might be over, but these Fed- tion, of course, but I would hope that if decision, I guess, was prompted by his eral contractors are still struggling to he receives bipartisan legislation to not receiving funding or winning the put food on the table, to purchase med- make people whole, to pass Senator debate, at that time, for the funding of icine, and to pay their bills on time. SMITH’s bill, or to pass legislation to his proposed border wall. That is why, led by Senator SMITH, we prevent future shutdowns from ever oc- As we know, Federal employees, as must pass this legislation, the Fair curring again, he would sign all of opposed to Federal contractors, have Compensation for Low-Wage Con- those measures. received backpay. That was pursuant tractor Employees Act. The legislation For purposes of today, we want to to legislation that was led by Senator would compensate contractors for pro- make sure that we highlight and lift up CARDIN. I know his colleague from viding backpay to low-wage contractor the legislation by Senator SMITH to Maryland, Senator VAN HOLLEN, who service employees who have been fur- help contractors.

VerDate Sep 11 2014 01:48 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.053 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S907 With that, I yield the floor. action required is to minimize future warm- competitors. It would also create an incen- I suggest the absence of a quorum. ing by creating appropriate global incentives tive for other nations to adopt similar car- The PRESIDING OFFICER. The to reduce carbon dioxide emissions from bon pricing. clerk will call the roll. burning fossil fuels. Economists generally Again, I agree. A border carbon ad- agree that rather than regulate behavior, it justment system means that products The senior assistant legislative clerk is more effective to allow individuals to proceeded to call the roll. choose their actions, as long as the prices ap- from countries without a carbon price Mr. WHITEHOUSE. Mr. President, I propriately reflect the costs— are subject to a harmonizing tariff so ask unanimous consent that the order Again, back to Econ 101— that they don’t have an unfair advan- for the quorum call be rescinded. tage over domestic products. This pro- including the risks posed by climate change. The PRESIDING OFFICER. Without To date, prices of energy have not reflected tects American manufacturers, and, in objection, it is so ordered. the risk of future climate changes. This is a turn, American jobs. It motivates Mr. WHITEHOUSE. Mr. President, I stupid mistake.... other countries to help solve this glob- ask unanimous consent that I be al- That is not very complicated eco- al problem. People who say we need a lowed to speak as if in morning busi- nomic jargon. This is the former head global solution must look to a carbon ness for up to 15 minutes. of risk management for one of the price because it is the most efficient The PRESIDING OFFICER. Without smartest and most capitalist firms the global solution. That is why the White- objection, it is so ordered. planet has ever seen saying that what house-Schatz bill includes just such a CLIMATE CHANGE we are engaged in now is a ‘‘stupid mis- border adjustment system. By the way, Mr. WHITEHOUSE. Mr. President, take.’’ Again, I agree. we filed this bill three Congresses ago judging by the deafening silence of Republicans typically support free first. So we have been at this for a Senate Republicans, you would think market solutions, and this is a free while. The economists’ Wall Street there was no conservative support in market solution. Yet, still, there re- Journal op-ed was just a few weeks this country for even the most meas- mains that deafening silence from the ago. So we seem to have some conver- ured response to climate change. How- other side of the aisle here in the Sen- gence here. ever, many prominent Republicans are ate. The economists continue: actually clamoring for climate action. Here is the second recommendation To maximize the fairness and political via- They are just not doing it here in from the economists’ op-ed in the Wall bility of a rising carbon tax, all the revenue Mammon Hall. Street Journal: should be returned directly to U.S. citizens See, for example, the January 16 op- through equal lump-sum rebates. The major- A carbon tax should increase every year ity of American families, including the most ed in the Wall Street Journal. The Wall until emissions reductions goals are met and vulnerable, will benefit financially— Street Journal is not exactly a progres- be revenue neutral to avoid debates over the sive lefty rag. The opening line of the size of government. A consistently rising Let me repeat that again— Wall Street Journal op-ed is: ‘‘Global carbon price will encourage technological in- will benefit financially by receiving more in climate change is a serious problem novation and large-scale infrastructure de- ‘‘carbon dividends’’ than they pay in in- creased energy prices. calling for immediate national action.’’ velopment. These are two things we want—inno- The majority of our families, including the I agree. most vulnerable will benefit financially. The op-ed is signed by 27 winners of vation and infrastructure. So again, I As I already noted, the Whitehouse- the Nobel Prize in economics, four agree. As to revenue neutral, the car- Schatz plan returns all revenue to the former Federal Reserve Chairs, 12 past bon pricing system Senator SCHATZ and American people. Carbon pricing is not Chairs of the President’s Council of I proposed is revenue neutral. Every a tax increase. Lower and middle-in- Economic Advisers, and two former penny goes back into the pockets of come households actually get more Treasury Secretaries. Many were ap- Americans—none is designed to make money back than they may pay in pointed by Republican Presidents. more or bigger government. As to inno- higher prices. Let’s look at what this bipartisan vation, a carbon fee levels the playing More than two dozen Nobel Prize group of experts and economists is pro- field so that polluters have to compete winners signed this Wall Street Jour- posing. in the market on even terms with non- nal op-ed. Their economic expertise is Here is the first policy recommenda- polluters. Competition on a level play- unimpeachable. We have at least one tion: ing field will incentivize innovation in renewable energy, innovation in energy Nobel Laureate from almost every year A carbon tax offers the most cost-effective since the late 1990s. There are only a lever to reduce carbon emissions at the scale efficiency, innovation in resilient in- and speed that is necessary. By correcting a frastructure, and innovation in low- few missing names, and many of those well-known market failure, a carbon tax will carbon manufacturing and transpor- names actually have endorsed carbon send a powerful price signal that harnesses tation. pricing in other venues. the invisible hand of the marketplace to This is not a novel concept. Nobel You might say: OK, they are just a steer economic actors towards a low-carbon Prize-winning economist William bunch of academics. They are all out of future. Nordhaus showed as far back as 1992 touch with political realities. Again, I agree. We must make the ‘‘that a low tax on carbon, set to rise Well, these were all chairs of the price of fossil energy reflect the costs slowly, over time, could be enough to Council of Economic Advisers to the of carbon pollution. That is Econ 101. keep emissions at reasonable levels, President. When you are advising the We have to do it if we are to reduce saving us from climate change at lit- President of the United States, you emissions as much and as quickly as tle, if any, cost. The tax would promote generally adopt some sense of political we need to. This is why Senator SCHATZ innovations in new forms of power gen- reality. Note that this is a bipartisan and I introduced the American Oppor- eration, and, eventually, a widespread list. It includes advisers to four Repub- tunity Carbon Fee Act to put a price on adoption of clean-energy tech- lican Presidents and two Democratic carbon. nologies.’’ Presidents. When this group of people It is not just academic economists The latest Republican claim is that can agree on an economic policy, you and policymakers who recognize that innovation is the solution to climate better believe it is not some fringe putting a price on carbon pollution is change. Fine, but you are not going to idea, and these experts all say that car- the most efficient way to reduce green- get adequate innovation on the tilted bon pricing is a practical solution to a house gas emissions. Business execu- playing field that the fossil fuel indus- very real and pressing problem. tives agree. Few firms are more capi- try protects. Carbon pricing uses mar- Here is yet another bipartisan list of talist and fiercer than the legendary ket forces to drive innovation. signers on the Wall Street Journal op- Goldman Sachs. Consider this from Bob What else do the economists rec- ed: Fed chairs and Treasury Secre- Litterman, the former head of risk ommend? taries. We have top-level economic ap- management at Goldman Sachs, writ- A border carbon adjustment system should pointees from five different Republican ing recently in : be established. This system would enhance Presidents, all saying that ‘‘global cli- [F]or society at large, and the government the competitiveness of American firms that mate change is a serious problem call- in particular, the most important and urgent are more energy-efficient than their global ing for immediate national action’’ and

VerDate Sep 11 2014 01:48 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.054 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S908 CONGRESSIONAL RECORD — SENATE February 6, 2019 all saying that setting a carbon price is Republican economic leaders aren’t DEFENSE SECURITY the best action to take. They don’t there. You can look across the Repub- COOPERATION AGENCY, write very big checks. So they don’t lican Party, and you find a strong and Arlington, VA. get heard from much around here, it solid desire to address the climate Hon. JAMES E. RISCH, Chairman, Committee on Foreign Relations, seems. problem, and you even have Republican U.S. Senate, Washington, DC. But let’s think for a minute. What leaders supporting a specific solution. DEAR MR. CHAIRMAN: Pursuant to the re- about this President? What about It is just here where it stops. It is just porting requirements of Section 36(b)(1) of President Trump? What might he say? here where political spending is so im- the Arms Export Control Act, as amended, What might President Trump think portant that it has been able to over- we are forwarding herewith Transmittal No. about action on climate change? come even the judgment of Nobel 19–02, concerning the Air Force’s proposed This is a full-page advertisement Letter(s) of Offer and Acceptance to the Gov- Prize-winning Republican appointees ernment of India for defense articles and from the New York Times from 2009. as to how to solve this. services estimated to cost $190 million. After Back in 2009, and his After he received his Nobel Prize just this letter is delivered to your office, we plan children and the Trump organization last October, William Nordhaus, Nobel to issue a news release to notify the public of all signed this letter published in the Prize-winning economist, lamented: this proposed sale. New York Times. This letter urged ‘‘It’s hard to be optimistic. . . . We’re Sincerely, then-President Obama to pursue what actually going backward in the United CHARLES W. HOOPER, they called ‘‘meaningful and effective Lieutenant General, USA, Director. States, with the disastrous policies of Enclosures. measures to control climate change.’’ the Trump administration.’’ TRANSMITTAL NO. 19–02 It goes on: ‘‘If we fail to act now’’—this Where is 2009 Donald Trump? Where being 2009—‘‘it is scientifically irref- Notice of Proposed Issuance of Letter of is the guy who signed this? I want that Offer Pursuant to Section 36(b)(1) of the utable that there will be catastrophic guy back. These economists of all po- Arms Export Control Act, as amended and irreversible consequences for hu- litical backgrounds know what is going (i) Prospective Purchaser: Government of manity and our planet.’’ ‘‘Irrefutable,’’ on, and they know how to fix it. The India. ‘‘catastrophic,’’ ‘‘irreversible’’—there American people know what is going (ii) Total Estimated Value: is not much ambiguity there. on, and they want us to fix it. It is Major Defense Equipment $26 million. Well, a decade has passed since this Other $164 million. time for us to take action, and it is TOTAL $190 million. letter, and much has changed. Now time for us to wake up. (iii) Description and Quantity or Quan- Donald Trump mocks global warming, I yield the floor. tities of Articles or Services under Consider- and the GOP in Congress has fled from I suggest the absence of a quorum. ation for Purchase: India has requested a taking any serious action on climate The PRESIDING OFFICER. The possible sale of two (2) Self-Protection change—even on policies that are as clerk will call the roll. Suites (SPS) consisting of AN/AAQ 24(V)N Large Aircraft Infrared Countermeasures mainstream and widely supported by The bill clerk proceeded to call the appointees of Republicans as carbon (LAIRCM), ALQ–211(V)8 Advanced Integrated roll. Defensive Electronic Warfare Suite pricing. Mr. MCCONNELL. Mr. President, I (AIDEWS), and AN/ALE–47 Counter-Meas- How did this come to pass? Well, I ask unanimous consent that the order ures Dispensing System (CMDS) to protect was here. I saw it happen. The year for the quorum call be rescinded. two (2) Boeing–777 Head-of-State aircraft. after President Trump signed this let- The PRESIDING OFFICER. Without The LAIRCM system consists of three (3) ter, the Supreme Court’s disastrous objection, it is so ordered. Guardian Laser Terminal Assemblies Citizens United decision opened the (GLTA), six (6) Missile Warning Sensors floodgates to unlimited special-interest f (MWS) for AN/AAQ–24 (V)N, one (1) LAIRCM System Processor Replacements (LSPR), one money—money from polluters into our MORNING BUSINESS (1) Control Indicator Unit Replacement politics—and that changed everything. (CIUR), one (1) Smart Card Assembly and In 2007, we had bipartisan climate Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- one (1) High Capacity Card (HCC)/User Data bills. In 2008, we had bipartisan climate Memory (UDM) card. bills. In 2009, we had bipartisan climate ate be in a period of morning business, Major Defense Equipment (MDE): bills. Bipartisanship was the theme of with Senators permitted to speak Twelve (12) Guardian Laser Transmitter responding to the climate change prob- therein for up to 10 minutes each. Assemblies (GLTA) AN/AAQ–24(V)N (6 in- stalled, 6 spares). lem for those years. By my recollec- The PRESIDING OFFICER. Without objection, it is so ordered. Eight (8) LAIRCM System Processor Re- tion, we had five different bipartisan placements (LSPR) AN/AAQ–24(V)N (2 in- Senate climate bills kicking around. f stalled, 6 spares). Then, in January 2010 comes the Citi- Twenty-three (23) Missile Warning Sensors zens United decision. The fossil fuel in- ARMS SALES NOTIFICATION (MWS) for AN/AAR–54 AAQ–24(V)N (12 in- Mr. RISCH. Mr. President, section stalled, 11 spares). dustry pushed for it, asked for it, saw Five (5) AN/ALE–47 Counter-Measures Dis- it coming, and took immediate advan- 36(b) of the Arms Export Control Act pensing System (CMDS) (2 installed, 3 tage of it. Before you know it, there is requires that Congress receive prior no- spares). that unlimited money, often unleashed tification of certain proposed arms Non-MDE: Also included are Advanced In- through channels, so you sales as defined by that statute. Upon tegrated Defensive Electronic Warfare Suites don’t know who is behind it, and there such notification, the Congress has 30 (AIDEWS), LAIRCM CIURs, SCAs, HCCs, and are the threats and promises that nec- calendar days during which the sale UDM cards, initial spares, consumables, re- may be reviewed. The provision stipu- pair and return support, support equipment, essarily accompany that power. Think Self-Protection Suite (SPS) engineering de- about it. If you are given the power to lates that, in the Senate, the notifica- sign, integration, hardware integration, spend unlimited money in politics, do tion of proposed sales shall be sent to flight test and certification, selective avail- you not necessarily also have the the chairman of the Senate Foreign ability anti-spoofing modules (SAASM), war- power to threaten to spend unlimited Relations Committee. ranties, publications and technical docu- money in politics? Of course, you do. In keeping with the committee’s in- mentation, training and training equipment, The two cannot be separated. tention to see that relevant informa- field service representatives; U.S. Govern- So the unlimited spending, the anon- tion is available to the full Senate, I ment and contractor engineering, technical ymous dark money, and the threats ask unanimous consent to have printed and logistics support services, and other re- lated elements of logistical and program sup- and promises combined to shut down in the RECORD the notifications which port. the Republican Party on this issue. It have been received. If the cover letter (iv) Military Department: Air Force (IN–D– was like turning off the lights. From references a classified annex, then such QAF). January 2010 forward, no Republican in annex is available to all Senators in (v) Prior Related Cases, if any: IN–D–QJD, this Chamber has been willing to get the office of the Foreign Relations IN–D–QAA, IN–D–QAD. Committee, room SD–423. (vi) Sales Commission, Fee, etc., Paid, Of- onto any serious piece of legislation to fered, or Agreed to be Paid: None. reduce carbon dioxide. There being no objection, the mate- (vii) Sensitivity of Technology Contained Republican voters aren’t there. Re- rial was ordered to be printed in the in the Defense Article or Defense Services publican young voters are up in arms. RECORD, as follows: Proposed to be Sold: See Attached Annex.

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.057 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S909 (viii) Date Report Delivered to Congress: seeker equipped missiles with aimed bursts SENATE COMMITTEE ON HOME- February 6, 2019. of laser energy. The LAIRCM system con- LAND SECURITY AND GOVERN- *As defined in Section 47(6) of the Arms sists of multiple Missile Warning Sensors, MENTAL AFFAIRS RULES OF Export Control Act. Guardian Laser Turret Assembly (GLTA), PROCEDURE POLICY JUSTIFICATION LAIRCM System Processor Replacement India—777 Large Aircraft Infrared (LSPR), Control Indicator (CI), and a classi- Mr. JOHNSON. Mr. President, rule Countermeasures Self-Protection Suite fied User Data Memory (UDM) card con- XXVI, paragraph 2, of the Standing The Government of India has requested to taining the laser jam codes. The UDM card is Rules of the Senate requires each com- buy two (2) Self-Protection Suites (SPS) con- loaded into Computer Processor (CP) prior to mittee to adopt rules to govern the sisting of AN/AAQ 24(V)N Large Aircraft In- flight; when not in use, the UDM card is re- procedure of the committee and to pub- frared Countermeasures (LAIRCM), ALQ– moved from the CP and put in secure stor- lish those rules in the CONGRESSIONAL 211(V)8 Advanced Integrated Defensive Elec- age. The Missile Warning Sensors (MWS) for RECORD not later than March 1 of the tronic Warfare Suite (AIDEWS), and AN/ AN/AAQ–24 (V)N are mounted on the aircraft first year of each Congress. Today, the ALE–47 Counter-Measures Dispensing Sys- exterior to provide omni-directional protec- Committee on Homeland Security and tem (CMDS) to protect two (2) Boeing–777 tion. The MWS detects the rocket plume of Governmental Affairs adopted com- Head-of-State aircraft. This potential sale missiles and sends appropriate data signals mittee rules of procedure. would include: twelve (12) Guardian Laser to the CP for processing. The CP analyzes Consistent with Standing Rule XXVI, Transmitter Assemblies AN/AAQ–24 (V)N (6 the data from each sensor and automatically installed and 6 spares); eight (8) LAIRCM deploys the appropriate countermeasure via I ask unanimous consent to have a System Processor Replacements (LSPR) AN/ the GLTA. The CI displays the incoming copy of the rules of procedure of the AAQ–24 (V)N (2 installed and 6 spares); twen- threat for the pilot to take appropriate ac- Committee on Homeland Security and ty-three (23) Missile Warning Sensors (MWS) tion. The CP also contains Built-in-Test Governmental Affairs printed in the for AN/AAQ–24 (V)N (12 installed and 11 (BIT) circuitry. LAIRCM hardware is CLAS- CONGRESSIONAL RECORD. spares); five (5) AN/ALE–47 Counter-Measures SIFIED. LAIRCM system software, including There being no objection, the mate- Dispensing System (CMDS) (2 installed and 3 spares). Also included in this sale are Ad- Operational Flight Program and jam codes, rial was ordered to be printed in the vanced Integrated Defensive Electronic War- are classified SECRET. Technical data and RECORD, as follows: fare Suites (AIDEWS), LAIRCM CIURs, documentation to be provided is UNCLASSI- RULES OF PROCEDURE OF THE COMMITTEE ON SCAs, HCCs, and UDM cards, initial spares, FIED. HOMELAND SECURITY AND GOVERNMENTAL consumables, repair and return support, sup- 2. The AN/ALE–47 Countermeasure Dis- AFFAIRS port equipment, Self-Protection Suite (SPS) penser Set (CMDS) provides an integrated PURSUANT TO RULE XXVI, SEC. 2, STANDING engineering design, integration, hardware in- threat-adaptive, computer controlled capa- RULES OF THE SENATE tegration, flight test and certification, selec- bility for dispensing chaff, flares, and active RULE 1. MEETINGS AND MEETING PROCEDURES tive availability anti-spoofing modules radio frequency expendables. The AN/ALE–47 OTHER THAN HEARINGS (SAASM), warranties, publications and tech- system enhances aircraft survivability in so- A. Meeting dates. The Committee shall nical documentation, training and training phisticated threat environments. The equipment, field service representatives; hold its regular meetings on the first threats countered by the CMDS include U.S. Government and contractor engineer- Wednesday of each month, when the Con- radar-directed anti-aircraft artillery (AAA), ing, technical and logistics support services, gress is in session, or at such other times as radar command-guided missiles, radar hom- and other related elements of logistical and the Chairman shall determine. Additional program support. The total estimated cost is ing guided missiles, and infrared (IR) guided meetings may be called by the Chairman as $190 million. missiles. The system is internally mounted he/she deems necessary to expedite Com- This proposed sale will support the foreign and may be operated as a stand-alone system mittee business. (Rule XXVI, Sec. 3, Stand- policy and national security of the United or may be integrated with other on-board ing Rules of the Senate.) States by helping to strengthen the U.S.-In- Electronic Warfare (EW) and avionics sys- B. Calling special Committee meetings. If dian strategic relationship and to improve tems. The AN/ALE–47 uses threat data re- at least three Members of the Committee de- the security of a major defensive partner ceived over the aircraft interfaces to assess sire the Chairman to call a special meeting, which continues to be an important force for the threat situation and determine a re- they may file in the offices of the Committee political stability, peace, and economic sponse. Expendable routines tailored to the a written request therefor, addressed to the progress in the Indo-Pacific and South Asia immediate aircraft and threat environment Chairman. Immediately thereafter, the clerk region. may be dispensed. Hardware is UNCLASSI- of the Committee shall notify the Chairman The proposed sale will improve India’s ca- FIED. Software is SECRET. Technical data of such request. If, within 3 calendar days pability to deter regional threats. The SPS and documentation to be provided is UN- after the filing of such request, the Chair- will facilitate a more robust capability into CLASSIFIED. man fails to call the requested special meet- areas of increased missile threats. India will ing, which is to be held within 7 calendar 3. AN/ALQ–211 Airborne Integrated Defen- have no problem absorbing and using the days after the filing of such request, a major- SPS system. sive Electronic Warfare Suite (AIDEWS) pro- ity of the Committee Members may file in The proposed sale of this equipment and vides passive radar warning, wide spectrum the offices of the Committee their written support will not alter the basic military bal- RF jamming, and control and management notice that a special Committee meeting ance in the region. of the entire EW system. It is an internally will be held, specifying the date and hour The prime contractor will be Boeing Com- or externally mounted Electronic Warfare thereof, and the Committee shall meet on pany, Oklahoma City, OK. The purchaser (EW) suite. The commercially developed sys- that date and hour. Immediately upon the typically requests offsets. Any offset agree- tem software and hardware is UNCLASSI- filing of such notice, the Committee chief ment will be defined in negotiations between FIED. The system is classified SECRET clerk shall notify all Committee Members the purchaser and the contractor. when loaded with a U.S.-derived EW data- that such special meeting will be held and Implementation of this proposed sale will base. inform them of its date and hour. (Rule XXVI, Sec. 3, Standing Rules of the Senate.) require the assignment of one additional 4. If a technologically advanced adversary U.S. contractor representative to New Delhi, C. Meeting notices and agenda. Written no- were to obtain knowledge of the hardware India. tices of Committee meetings, accompanied and software elements, the information There will be no adverse impact on U.S. de- by an agenda, enumerating the items of busi- fense readiness as a result of this proposed could be used to develop countermeasures or ness to be considered, shall be sent to all sale. equivalent systems which might reduce sys- Committee Members at least 5 days in ad- tem effectiveness or be used in the develop- TRANSMITTAL NO. 19–02 vance of such meetings, excluding Satur- ment of a system with similar or advanced days, Sundays, and legal holidays in which Notice of Proposed Issuance of Letter of capabilities. the Senate is not in session. The written no- Offer Pursuant to Section 36(b)(1) of the tices required by this Rule may be provided Arms Export Control Act 5. A determination has been made that the Government of India can provide substan- by electronic mail. In the event that unfore- Annex Item No. vii tially the same degree of protection for the seen requirements or Committee business (vii) Sensitivity of Technology: sensitive technology being released as the prevent a 5–day notice of either the meeting 1. The AN/AAQ–24(V)N LAIRCM is a self- U.S. Government. This sale is necessary in or agenda, the Committee staff shall commu- contained, directed energy countermeasures furtherance of the U.S. foreign policy and nicate such notice and agenda, or any revi- system designed to protect aircraft from in- sions to the agenda, as soon as practicable national security objectives outlined in the frared-guided surface-to-air missiles. The by telephone or otherwise to Members or ap- Policy Justification. system features digital technology and propriate staff assistants in their offices. micro-miniature solid-state electronics. The 6. All defense articles and services listed in D. Open business meetings. Meetings for system operates in all conditions, detecting this transmittal have been authorized for re- the transaction of Committee or Sub- incoming missiles and jamming infrared- lease and export to India. committee business shall be conducted in

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(1) Whenever the clauses (1) through (6) below would require provided to the Committee or Sub- Committee by roll call vote reports any the meeting to be closed, followed imme- committee. measure or matter, the report of the Com- diately by a record vote in open session by a F. Meeting transcript. The Committee or mittee upon such a measure or matter shall majority of the Committee or Subcommittee Subcommittee shall prepare and keep a com- include a tabulation of the votes cast in Members when it is determined that the plete transcript or electronic recording ade- favor of and the votes cast in opposition to matters to be discussed or the testimony to quate to fully record the proceeding of each such measure or matter by each Member of be taken at such meeting or meetings— meeting whether or not such meeting or any the Committee. (Rule XXVI, Sec. 7(c), Stand- (1) will disclose matters necessary to be part thereof is closed to the public, unless a ing Rules of the Senate.) kept secret in the interests of national de- majority of the Committee or Subcommittee (2) Whenever the Committee by roll call fense or the confidential conduct of foreign Members vote to forgo such a record. (Rule vote acts upon any measure or amendment relations of the United States; XXVI, Sec. 5(e), Standing Rules of the Sen- thereto, other than reporting a measure or (2) will relate solely to matters of Com- ate.) matter, the results thereof shall be an- nounced in the Committee report on that mittee or Subcommittee staff personnel or RULE 2. QUORUMS internal staff management or procedure; measure unless previously announced by the A. Reporting measures and matters. A ma- (3) will tend to charge an individual with Committee, and such announcement shall in- jority of the Members of the Committee crime or misconduct, to disgrace or injure clude a tabulation of the votes cast in favor shall constitute a quorum for reporting to the professional standing of an individual, or of and the votes cast in opposition to each the Senate any measures, matters or rec- otherwise expose an individual to public con- such measure and amendment thereto by ommendations. (Rule XXVI, Sec. 7(a)(1), tempt or obloquy or will represent a clearly each Member of the Committee who was Standing Rules of the Senate.) unwarranted invasion of the privacy of an in- present at the meeting. (Rule XXVI, Sec. B. Transaction of routine business. One- dividual; 7(b), Standing Rules of the Senate.) third of the membership of the Committee (4) will disclose the identity of an informer (3) In any case in which a roll call vote is shall constitute a quorum for the trans- or law enforcement agent or will disclose announced, the tabulation of votes shall action of routine business, provided that one any information relating to the investiga- state separately the proxy vote recorded in Member of the Minority is present. For the tion or prosecution of a criminal offense that favor of and in opposition to that measure, purpose of this paragraph, the term ‘‘routine is required to be kept secret in the interests amendment thereto, or matter. (Rule XXVI, business’’ includes the convening of a meet- of effective law enforcement; Sec. 7(b) and (c), Standing Rules of the Sen- (5) will disclose information relating to the ing and the consideration of any business of ate.) trade secrets of financial or commercial in- the Committee other than reporting to the E. Polling. (1) The Committee, or any Sub- formation pertaining specifically to a given Senate any measures, matters or rec- committee thereof, may poll (a) internal person if— ommendations. (Rule XXVI, Sec. 7(a)(1), Committee or Subcommittee matters includ- (A) an Act of Congress requires the infor- Standing Rules of the Senate.) ing the Committee’s or Subcommittee’s mation to be kept confidential by Govern- C. Taking testimony. One Member of the staff, records and budget; (b) steps in an in- ment officers and employees; or Committee shall constitute a quorum for vestigation, including issuance of subpoenas, (B) the information has been obtained by taking sworn or unsworn testimony. (Rule applications for immunity orders, and re- the Government on a confidential basis, XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules quests for documents from agencies; and (c) other than through an application by such of the Senate.) other Committee or Subcommittee business person for a specific Government financial or D. Subcommittee quorums. Subject to the other than a vote on reporting to the Senate other benefit, and is required to be kept se- provisions of sections 7(a)(1) and (2) of Rule any measures, matters or recommendations cret in order to prevent undue injury to the XXVI of the Standing Rules of the Senate, or a vote on closing a meeting or hearing to competitive position of such person; or the Subcommittees of this Committee are the public. (6) may divulge matters required to be authorized to establish their own quorums (2) Only the Chairman, or a Committee kept confidential under other provisions of for the transaction of business and the tak- Member or staff officer designated by him/ law or Government regulations. (Rule XXVI, ing of sworn testimony. her, may undertake any poll of the Members Sec. 5(b), Standing Rules of the Senate.) Not- E. Proxies prohibited in establishment of of the Committee. If any Member requests, withstanding the foregoing, whenever dis- quorum. Proxies shall not be considered for any matter to be polled shall be held for order arises during a Committee or Sub- the establishment of a quorum. meeting rather than being polled. The chief committee meeting that is open to the pub- RULE 3. VOTING clerk of the Committee shall keep a record lic, or any demonstration of approval or dis- A. Quorum required. Subject to the provi- of polls; if a majority of the Members of the approval is indulged in by any person in at- sions of subsection (E), no vote may be taken Committee determine that the polled matter tendance at any such meeting, it shall be the by the Committee, or any Subcommittee is in one of the areas enumerated in sub- duty of the Chairman to enforce order on his thereof, on any measure or matter unless a section (D) of Rule 1, the record of the poll or her own initiative and without any point quorum, as prescribed in the preceding sec- shall be confidential. Any Committee Mem- of order being made by a Member of the tion, is actually present. ber may move at the Committee meeting fol- Committee or Subcommittee; provided, fur- B. Reporting measures and matters. No lowing the poll for a vote on the polled deci- ther, that when the Chairman finds it nec- measure, matter or recommendation shall be sion, such motion and vote to be subject to essary to maintain order, he/she shall have reported from the Committee unless a ma- the provisions of subsection (D) of Rule 1, the power to clear the room, and the Com- jority of the Committee Members are actu- where applicable. mittee or Subcommittee may act in closed ally present, and the vote of the Committee F. Naming postal facilities. The Com- session for so long as there is doubt of the as- to report a measure or matter shall require mittee will not consider any legislation that surance of order. (Rule XXVI, Sec. 5(d), the concurrence of a majority of those Mem- would name a postal facility for a living per- Standing Rules of the Senate.) bers who are actually present at the time the son with the exception of bills naming facili- E. Prior notice of first degree amendments. vote is taken. (Rule XXVI, Sec. 7(a)(1) and ties after former Presidents and Vice Presi- It shall not be in order for the Committee, or (3), Standing Rules of the Senate.) dents of the United States, former Members a Subcommittee thereof, to consider any C. Proxy voting. Proxy voting shall be al- of Congress over 70 years of age, former amendment in the first degree proposed to lowed on all measures and matters before the State or local elected officials over 70 years any measure under consideration by the Committee, or any Subcommittee thereof, of age, former judges over 70 years of age, or Committee or Subcommittee unless a writ- except that, when the Committee, or any wounded veterans. The Committee will not ten copy of such amendment has been deliv- Subcommittee thereof, is voting to report a consider legislation that would name a post- ered to each Member of the Committee or measure or matter, proxy votes shall be al- al facility unless it has the support of both Subcommittee, as the case may be, and to lowed solely for the purposes of recording a Senators in the delegation of the state in the office of the Committee or Sub- Member’s position on the pending question. which the facility is located. committee, by no later than 4:00 p.m. two Proxy voting shall be allowed only if the ab- G. Technical and conforming changes. A days before the meeting of the Committee or sent Committee or Subcommittee Member Committee vote to report a measure to the Subcommittee at which the amendment is to has been informed of the matter on which he Senate shall also authorize the Committee be proposed, and, in the case of a first degree or she is being recorded and has affirma- Chairman and Ranking Member by mutual amendment in the nature of a substitute pro- tively requested that he or she be so re- agreement to make any required technical posed by the manager of the measure, by no corded. All proxies shall be filed with the and conforming changes to the measure. later than 5:00 p.m. five days before the chief clerk of the Committee or Sub- RULE 4. CHAIRMANSHIP OF MEETINGS AND meeting. The written copy of amendments in committee thereof, as the case may be. All HEARINGS the first degree required by this Rule may be proxies shall be in writing and shall contain The Chairman shall preside at all Com- provided by electronic mail. This subsection sufficient reference to the pending matter as mittee meetings and hearings except that he

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If the Chairman (or his or her des- Committee or Subcommittee; provided, fur- limit set by the chief clerk of the Com- ignee) is absent 10 minutes after the sched- ther, that when the Chairman finds it nec- mittee, a witness may request changes in the uled time set for a meeting or hearing, the essary to maintain order, he or she shall transcript to correct errors of transcription Ranking Majority Member present shall pre- have the power to clear the room, and the and grammatical errors; the Chairman or a side until the Chairman’s arrival. If there is Committee or Subcommittee may act in staff officer designated by him/her shall rule no Member of the Majority present, the closed session for so long as there is doubt of on such requests. Ranking Minority Member present, with the the assurance of order. (Rule XXVI, Sec. 5(d), F. Impugned persons. Any person whose prior approval of the Chairman, may open Standing Rules of the Senate.) name is mentioned or is specifically identi- and conduct the meeting or hearing until C. Full Committee subpoenas. The Chair- fied, and who believes that evidence pre- such time as a Member of the Majority ar- man, with the approval of the Ranking Mi- sented, or comment made by a Member of rives. nority Member of the Committee, is author- the Committee or staff officer, at a public ized to subpoena the attendance of witnesses RULE 5. HEARINGS AND HEARING PROCEDURES hearing or at a closed hearing concerning at a hearing or deposition or the production which there have been public reports, tends A. Announcement of hearings. The Com- of memoranda, documents, records, or any to impugn his or her character or adversely mittee, or any Subcommittee thereof, shall other materials. The Chairman may sub- affect his or her reputation may: make public announcement of the date, poena attendance or production without the (a) File a sworn statement of facts relevant time, and subject matter of any hearing to approval of the Ranking Minority Member to the evidence or comment, which state- be conducted on any measure or matter at where the Chairman has not received a letter ment shall be considered for placement in least 5 days in advance of such hearing, ex- of disapproval signed by the Ranking Minor- the hearing record by the Committee; cluding Saturdays, Sundays, and legal holi- ity Member within 72 hours, excluding Sat- (b) Request the opportunity to appear per- days in which the Senate is not in session, urdays, Sundays, and legal holidays in which sonally before the Committee to testify in unless the Committee, or Subcommittee, de- the Senate is not in session, of the Ranking his or her own behalf, which request shall be termines that there is good cause to begin Minority Member’s receipt of a letter signed considered by the Committee; and such hearing at an earlier date. (Rule XXVI, by the Chairman providing notice of the (c) Submit questions in writing which he Sec. 4(a), Standing Rules of the Senate.) Chairman’s intent to issue a subpoena, in- or she requests be used for the cross-exam- B. Open hearings. Each hearing conducted cluding an identification of all individuals ination of other witnesses called by the Com- by the Committee, or any Subcommittee and items sought to be subpoenaed. Delivery mittee, which questions shall be considered thereof, shall be open to the public, except and receipt of the signed notice and signed for use by the Committee. that a hearing or series of hearings on the disapproval letters and any additional com- G. Radio, television, and photography. The same subject for a period of no more than 14 munications related to the subpoena may be Committee, or any Subcommittee thereof, calendar days may be closed to the public on carried out by staff officers of the Chairman may permit the proceedings of hearings a motion made and seconded to go into and Ranking Minority Member, and may which are open to the public to be photo- closed session to discuss only whether the occur through electronic mail. If a subpoena graphed and broadcast by radio, television or matters enumerated in clauses (1) through is disapproved by the Ranking Minority both, subject to such conditions as the Com- (6) below would require the hearing to be Member as provided in this subsection, the mittee, or Subcommittee, may impose. (Rule closed, followed immediately by a record subpoena may be authorized by vote of the XXVI, Sec. 5(c), Standing Rules of the Sen- vote in open session by a majority of the Members of the Committee. When the Com- ate.) Committee or Subcommittee Members when mittee or Chairman authorizes subpoenas, H. Advance statements of witnesses. A wit- it is determined that the matters to be dis- subpoenas may be issued upon the signature ness appearing before the Committee, or any cussed or the testimony to be taken at such of the Chairman or any other Member of the Subcommittee thereof, shall provide elec- hearing or hearings— Committee designated by the Chairman. tronically a written statement of his or her (1) will disclose matters necessary to be D. Witness counsel. Counsel retained by proposed testimony at least 48 hours prior to kept secret in the interests of national de- any witness and accompanying such witness his or her appearance. This requirement may fense or the confidential conduct of foreign shall be permitted to be present during the be waived by the Chairman and the Ranking relations of the United States; testimony of such witness at any public or Minority Member following their determina- (2) will relate solely to matters of Com- executive hearing or deposition to advise tion that there is good cause for failure of mittee or Subcommittee staff personnel or such witness while he or she is testifying, of compliance. (Rule XXVI, Sec. 4(b), Standing internal staff management or procedure; his or her legal rights; provided, however, Rules of the Senate.) (3) will tend to charge an individual with that in the case of any witness who is an offi- I. Minority witnesses. In any hearings con- crime or misconduct, to disgrace or injure cer or employee of the Government, or of a ducted by the Committee, or any Sub- the professional standing of an individual, or corporation or association, the Committee committee thereof, the Minority Members of otherwise expose an individual to public con- Chairman may rule that representation by the Committee or Subcommittee shall be en- tempt or obloquy or will represent a clearly counsel from the Government, corporation, titled, upon request to the Chairman by a unwarranted invasion of the privacy of an in- or association or by counsel representing majority of the Minority Members, to call dividual; other witnesses, creates a conflict of inter- witnesses of their selection during at least 1 (4) will disclose the identity of an informer est, and that the witness may only be rep- day of such hearings. (Rule XXVI, Sec. 4(d), or law enforcement agent or will disclose resented during interrogation by staff or Standing Rules of the Senate.) any information relating to the investiga- during testimony before the Committee by J. Swearing in witnesses. In any hearings tion or prosecution of a criminal offense that personal counsel not from the Government, conducted by the Committee, the Chairman is required to be kept secret in the interests corporation, or association or by personal or his or her designee may swear in each wit- of effective law enforcement; counsel not representing other witnesses. ness prior to their testimony. (5) will disclose information relating to the This subsection shall not be construed to ex- K. Full Committee depositions. Deposi- trade secrets of financial or commercial in- cuse a witness from testifying in the event tions may be taken prior to or after a hear- formation pertaining specifically to a given his or her counsel is ejected for conducting ing as provided in this subsection. person if— himself or herself in such manner so as to (1) Notices for the taking of depositions (A) an Act of Congress requires the infor- prevent, impede, disrupt, obstruct or inter- shall be authorized and issued by the Chair- mation to be kept confidential by Govern- fere with the orderly administration of the man, with the approval of the Ranking Mi- ment officers and employees; or hearings; nor shall this subsection be con- nority Member of the Committee. The Chair- (B) the information has been obtained by strued as authorizing counsel to coach the man may initiate depositions without the the Government on a confidential basis, witness or answer for the witness. The fail- approval of the Ranking Minority Member other than through an application by such ure of any witness to secure counsel shall where the Chairman has not received a letter person for a specific Government financial or not excuse such witness from complying of disapproval of the deposition signed by the other benefit, and is required to be kept se- with a subpoena or deposition notice. Ranking Minority Member within 72 hours, cret in order to prevent undue injury to the E. Witness transcripts. An accurate elec- excluding Saturdays, Sundays, and legal competitive position of such person; or tronic or stenographic record shall be kept of holidays in which the Senate is not in ses- (6) may divulge matters required to be the testimony of all witnesses in executive sion, of the Ranking Minority Member’s re- kept confidential under other provisions of and public hearings. The record of his or her ceipt of a letter signed by the Chairman pro- law or Government regulations. (Rule XXVI, testimony whether in public or executive viding notice of the Chairman’s intent to Sec. 5(b), Standing Rules of the Senate.) session shall be made available for inspec- issue a deposition notice, including identi- Notwithstanding the foregoing, whenever tion by the witness or his or her counsel fication of all individuals sought to be de- disorder arises during a Committee or Sub- under Committee supervision; a copy of any posed. Delivery and receipt of the signed no- committee meeting that is open to the pub- testimony given in public session or that tice and signed disapproval letter and any lic, or any demonstration of approval or dis- part of the testimony given by the witness in additional communications related to the approval is indulged in by any person in at- executive session and subsequently quoted or deposition may be carried out by staff offi- tendance at any such meeting, it shall be the made part of the record in a public session cers of the Chairman and Ranking Member,

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.018 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S912 CONGRESSIONAL RECORD — SENATE February 6, 2019 and may occur through electronic mail. If a this Committee on any measure or matter (2) Any Member of the Committee may at- deposition notice is disapproved by the referred to it by the Chairman shall be in the tend hearings held by any subcommittee and Ranking Minority Member as provided in form, style, and arrangement required to question witnesses testifying before that this subsection, the deposition notice may be conform to the applicable provisions of the Subcommittee, subject to the approval of authorized by a vote of the Members of the Standing Rules of the Senate, and shall be in the Subcommittee Chairman and Ranking Committee. Committee deposition notices accordance with the established practices Member. shall specify a time and place for examina- followed by the Committee. Upon completion D. Subcommittee meetings and hearings. tion, and the name of the Committee Mem- of such draft reports, copies thereof shall be Each Subcommittee of this Committee is au- ber or Members or staff officer or officers filed with the chief clerk of the Committee thorized to establish meeting dates and who will take the deposition. Unless other- at the earliest practicable time. adopt rules not inconsistent with the rules of wise specified, the deposition shall be in pri- E. Impact statements in reports. All Com- the Committee except as provided in Rules vate. The Committee shall not initiate pro- mittee reports, accompanying a bill or joint 2(D) and 7(E). cedures leading to criminal or civil enforce- resolution of a public character reported by E. Subcommittee subpoenas. Each Sub- ment proceedings for a witness’ failure to ap- the Committee, shall contain (1) an esti- committee is authorized to adopt rules con- pear or produce unless the deposition notice mate, made by the Committee, of the costs cerning subpoenas which need not be con- was accompanied by a Committee subpoena. which would be incurred in carrying out the sistent with the rules of the Committee; pro- (2) Witnesses may be accompanied at a legislation for the then current fiscal year vided, however, that in the event the Sub- deposition by counsel to advise them of their and for each of the next 5 years thereafter committee authorizes the issuance of a sub- legal rights, subject to the provisions of Rule (or for the authorized duration of the pro- poena pursuant to its own rules, a written 5D. posed legislation, if less than 5 years); and (2) notice of intent to issue the subpoena shall (3) Oaths at depositions may be adminis- a comparison of such cost estimates with be provided to the Chairman and Ranking tered by an individual authorized by local any made by a Federal agency; or (3) in lieu Minority Member of the Committee, or staff law to administer oaths. Questions shall be of such estimate or comparison, or both, a officers designated by them, by the Sub- propounded orally by a Committee Member statement of the reasons for failure by the committee Chairman or a staff officer des- or Members or staff. If a witness objects to a Committee to comply with these require- ignated by him/her immediately upon such question and refuses to testify, the objection ments as impracticable, in the event of in- authorization, and no subpoena shall be shall be noted for the record and the Com- ability to comply therewith. (Rule XXVI, issued for at least 48 hours, excluding Satur- mittee Member or Members or staff may pro- Sec. 11(a), Standing Rules of the Senate.) days and Sundays, from delivery to the ap- propriate offices, unless the Chairman and ceed with the remainder of the deposition. Each such report shall also contain an (4) The Committee shall see that the testi- evaluation, made by the Committee, of the Ranking Minority Member waive the 48-hour mony is transcribed or electronically re- regulatory impact which would be incurred waiting period or unless the Subcommittee Chairman certifies in writing to the Chair- corded (which may include audio or audio/ in carrying out the bill or joint resolution. man and Ranking Minority Member that, in video recordings). If it is transcribed, the The evaluation shall include (a) an estimate his or her opinion, it is necessary to issue a transcript shall be made available for inspec- of the numbers of individuals and businesses subpoena immediately. tion by the witness or his or her counsel who would be regulated and a determination of the groups and classes of such individuals F. Subcommittee budgets. During the first under Committee supervision. The witness year of a new Congress, each Subcommittee shall sign a copy of the transcript and may and businesses, (b) a determination of the economic impact of such regulation on the that requires authorization for the expendi- request changes to it, which shall be handled ture of funds for the conduct of inquiries and in accordance with the procedure set forth in individuals, consumers, and businesses af- fected, (c) a determination of the impact on investigations, shall file with the chief clerk subsection (E). If the witness fails to sign a of the Committee, by a date and time pre- copy, the staff shall note that fact on the the personal privacy of the individuals af- fected, and (d) a determination of the scribed by the Chairman, its request for transcript. The individual administering the funds for the two (2) 12-month periods begin- oath shall certify on the transcript that the amount of paperwork that will result from the regulations to be promulgated pursuant ning on March 1 and extending through and witness was duly sworn in his or her pres- including the last day of February of the 2 ence, the transcriber shall certify that the to the bill or joint resolution, which deter- mination may include, but need not be lim- following years, which years comprise that transcript is a true record of the testimony, Congress. Each such request shall be sub- and the transcript shall then be filed with ited to, estimates of the amount of time and financial costs required of affected parties, mitted on the budget form prescribed by the the chief clerk of the Committee. The Chair- Committee on Rules and Administration, man or a staff officer designated by him/her showing whether the effects of the bill or joint resolution could be substantial, as well and shall be accompanied by a written jus- may stipulate with the witness to changes in tification addressed to the Chairman of the as reasonable estimates of the recordkeeping the procedure; deviations from this proce- Committee, which shall include (1) a state- requirements that may be associated with dure which do not substantially impair the ment of the Subcommittee’s area of activi- the bill or joint resolution. Or, in lieu of the reliability of the record shall not relieve the ties, (2) its accomplishments during the pre- forgoing evaluation, the report shall include witness from his or her obligation to testify ceding Congress detailed year by year, and a statement of the reasons for failure by the truthfully. (3) a table showing a comparison between (a) Committee to comply with these require- RULE 6. COMMITTEE REPORTING PROCEDURES the funds authorized for expenditure during ments as impracticable, in the event of in- the preceding Congress detailed year by A. Timely filing. When the Committee has ability to comply therewith. (Rule XXVI, year, (b) the funds actually expended during ordered a measure or matter reported, fol- Sec. 11(b), Standing Rules of the Senate.) lowing final action, the report thereon shall that Congress detailed year by year, (c) the RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE be filed in the Senate at the earliest prac- amount requested for each year of the Con- PROCEDURES ticable time. (Rule XXVI, Sec. 10(b), Stand- gress, and (d) the number of professional and A. Regularly established Subcommittees. ing Rules of the Senate.) clerical staff members and consultants em- The Committee shall have three regularly B. Supplemental, Minority, and additional ployed by the Subcommittee during the pre- established Subcommittees. The Subcommit- views. A Member of the Committee who ceding Congress detailed year by year and tees are as follows: gives notice of his or her intention to file the number of such personnel requested for supplemental, Minority, or additional views PERMANENT SUBCOMMITTEE ON INVESTIGATIONS each year of the Congress. The Chairman at the time of final Committee approval of a SUBCOMMITTEE ON FEDERAL SPENDING may request additional reports from the measure or matter shall be entitled to not OVERSIGHT AND EMERGENCY MANAGEMENT Subcommittees regarding their activities less than 3 calendar days in which to file SUBCOMMITTEE ON REGULATORY AFFAIRS AND and budgets at any time during a Congress. such views, in writing, with the chief clerk FEDERAL MANAGEMENT (Rule XXVI, Sec. 9, Standing Rules of the of the Committee. Such views shall then be B. Ad hoc Subcommittees. Following con- Senate.) included in the Committee report and print- sultation with the Ranking Minority Mem- RULE 8. CONFIRMATION STANDARDS AND ed in the same volume, as a part thereof, and ber, the Chairman shall, from time to time, PROCEDURES their inclusion shall be noted on the cover of establish such ad hoc Subcommittees as he/ A. Standards. In considering a nomination, the report. In the absence of timely notice, she deems necessary to expedite Committee the Committee shall inquire into the nomi- the Committee report may be filed and business. nee’s experience, qualifications, suitability, printed immediately without such views. C. Subcommittee membership. Following and integrity to serve in the position to (Rule XXVI, Sec. 10(c), Standing Rules of the consultation with the Majority Members, which he or she has been nominated. The Senate.) and the Ranking Minority Member of the Committee shall recommend confirmation, C. Notice by Subcommittee Chairmen. The Committee, the Chairman shall announce se- upon finding that the nominee has the nec- Chairman of each Subcommittee shall notify lections for membership on the Subcommit- essary integrity and is affirmatively quali- the Chairman in writing whenever any meas- tees referred to in paragraphs A and B, fied by reason of training, education, or ex- ure has been ordered reported by such Sub- above. perience to carry out the functions of the of- committee and is ready for consideration by (1) The Chairman and Ranking Minority fice to which he or she was nominated. the full Committee. Member shall serve as nonvoting ex officio B. Information concerning the Nominee. D. Draft reports of Subcommittees. All members of the subcommittees on which Each nominee shall submit the following in- draft reports prepared by Subcommittees of they do not serve as voting members. formation to the Committee:

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.019 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S913 (1) A detailed biographical resume which sition. No hearing shall be held until at least cision, including a Senate Foreign Re- contains information relating to education, 72 hours after the following events have oc- lations Committee hearing on arms employment, and achievements; curred: The nominee has responded to pre- control and Russia. In that hearing, (2) Financial information, in such speci- hearing questions submitted by the Com- senior officials from the Department of ficity as the Committee deems necessary, in- mittee; and, if applicable, the report de- cluding a list of assets and liabilities of the scribed in subsection (D) has been made to State and the Department of Defense nominee and tax returns for the 3 years pre- the Chairman and Ranking Minority Mem- provided no indication that a decision ceding the time of his or her nomination, ber, and is available to other Members of the to withdraw was even imminent, nor and copies of other relevant documents re- Committee, upon request. that U.S. forces envisioned any mili- quested by the Committee, such as a pro- F. Action on confirmation. A mark-up on a tary operational benefit from near- posed blind trust agreement, necessary for nomination shall not occur on the same day term withdrawal. the Committee’s consideration; and, that the hearing on the nominee is held. In Article 2 of the Constitution endows (3) Copies of other relevant documents the order to assist the Committee in reaching a Committee may request, such as responses recommendation on confirmation, the staff the President and the Senate with to questions concerning the policies and pro- may make an oral presentation to the Com- shared power over treaties, including grams the nominee intends to pursue upon mittee at the mark-up, factually summa- an exceptionally high bar for advice taking office. At the request of the Chairman rizing the nominee’s background and the and consent. This President’s unilat- or the Ranking Minority Member, a nominee steps taken during the pre-hearing inquiry. eral decision to withdraw from the shall be required to submit a certified finan- G. Application. The procedures contained INF, without any meaningful engage- cial statement compiled by an independent in subsections (C), (D), (E), and (F) of this ment with the Senate, much less the auditor. Information received pursuant to rule shall apply to persons nominated by the this subsection shall be made available for President to positions requiring their full- approval of this body, is impossible to public inspection; provided, however, that time service. At the discretion of the Chair- square with this shared constitutional tax returns shall, after review by persons man and Ranking Minority Member, those power. designated in subsection (C) of this rule, be procedures may apply to persons nominated In that vein, I urge all of my col- placed under seal to ensure confidentiality. by the President to serve on a part-time leagues to focus not just on the sub- C. Procedures for Committee inquiry. The basis. stance of the President’s decision but Committee shall conduct an inquiry into the RULE 9. PERSONNEL ACTIONS AFFECTING also on the process. INF is not alone; it experience, qualifications, suitability, and COMMITTEE STAFF integrity of nominees, and shall give par- is one of several treaties that the In accordance with Rule XLII of the Stand- ticular attention to the following matters: President has jettisoned without any (1) A review of the biographical informa- ing Rules of the Senate and the Congres- input from the Senate. He is eroding tion provided by the nominee, including, but sional Accountability Act of 1995 (P.L. 104–1), the constitutional powers and institu- not limited to, any professional activities re- all personnel actions affecting the staff of the Committee shall be made free from any tional prerogatives of this body, and we lated to the duties of the office to which he cannot be silent. or she is nominated; discrimination based on race, color, religion, (2) A review of the financial information sex, national origin, age, state of physical Even if the President had followed a provided by the nominee, including tax re- handicap, or disability. sound process, this decision is mis- turns for the 3 years preceding the time of RULE 10. APPRISAL OF COMMITTEE BUSINESS guided on substance. It is another ex- his or her nomination; The Chairman and Ranking Minority Mem- ample of the President and his team’s (3) A review of any actions, taken or pro- ber shall keep each other apprised of hear- apparent belief that destroying inter- posed by the nominee, to remedy conflicts of ings, investigations, and other Committee national agreements, with little or no interest; and business. (4) A review of any personal or legal mat- thought given to how to address the RULE 11. PER DIEM FOR FOREIGN TRAVEL ter which may bear upon the nominee’s underlying problem, is the solution to qualifications for the office to which he or A per diem allowance provided a Member a complex security issues. she is nominated. For the purpose of assist- of the Committee or staff of the Committee In this case, there is no doubt, what ing the Committee in the conduct of this in- in connection with foreign travel shall be the problem is and where it comes quiry, a Majority investigator or investiga- used solely for lodging, food, and related ex- penses and it is the responsibility of the from. tors shall be designated by the Chairman and Russia, and Russia alone, bears the a Minority investigator or investigators Member of the Committee or staff of the shall be designated by the Ranking Minority Committee receiving such an allowance to responsibility for the degradation of Member. The Chairman, Ranking Minority return to the United States Government that the Intermediate-range Nuclear Forces Member, other Members of the Committee, portion of the allowance received which is Treaty. It has brazenly violated the and designated investigators shall have ac- not actually used for necessary lodging, food, treaty and has been unwilling to take cess to all investigative reports on nominees and related expenses. (Rule XXXIX, Para- the steps necessary to come back into graph 3, Standing Rules of the Senate.) prepared by any Federal agency, except that compliance. only the Chairman, the Ranking Minority f Director of National Intelligence Dan Member, or other Members of the Com- mittee, upon request, shall have access to INF TREATY Coats has succinctly laid out Russia’s the report of the Federal Bureau of Inves- Mr. MENENDEZ. Mr. President, efforts to undermine the INF treaty. tigation. The Committee may request the as- today I wish to express my deep con- He stated ‘‘the Intelligence Community sistance of the U.S. Government Account- cerns regarding President Trump’s sus- assesses Russia has flight-tested, pro- ability Office and any other such expert pension of U.S. participation in the In- duced, and deployed cruise missiles opinion as may be necessary in conducting termediate-range Nuclear Forces— with a range capability prohibited by its review of information provided by nomi- the Treaty.’’ nees. INF—Treaty and decision to withdraw D. Report on the Nominee. After a review from the treaty in 6 months. Why is Russia doing this? Again, ac- of all information pertinent to the nomina- Before diving into the substance of cording to Director Coats: Russia is de- tion, a confidential report on the nominee this misguided decision, I am com- veloping missiles to ‘‘target critical shall be made in the case of judicial nomi- pelled, as the ranking member of the European military and economic infra- nees and may be made in the case of non-ju- Senate Foreign Relations Committee, structure’’ with both conventional and dicial nominees by the designated investiga- to object to the process. nuclear capabilities. Russia is seeking tors to the Chairman and the Ranking Mi- The President is pulling out of this the means to coerce our European and nority Member and, upon request, to any Asian allies by ‘‘posing a direct con- other Member of the Committee. The report treaty, a treaty that was approved by shall summarize the steps taken by the Com- the U.S. Senate by a vote of 93–5 and ventional and nuclear threat’’ to them. mittee during its investigation of the nomi- that has been in force for three dec- Russia’s violation of its INF treaty nee and the results of the Committee in- ades, without official notice or any obligations and its nuclear threats quiry, including any unresolved matters that meaningful consultation with the Sen- against Europe are not particularly have been raised during the course of the in- ate Committee on Foreign Relations, surprising. It fits within a pattern of quiry. the congressional committee charged malign behavior that seeks to under- E. Hearings. The Committee shall conduct mine the security framework that con- a public hearing during which the nominee with responsibility and jurisdiction shall be called to testify under oath on all over treaties and without the approval tributed to the peaceful end to the Cold matters relating to his or her suitability for of the Senate. War. Russia has suspended its partici- office, including the policies and programs This was despite multiple opportuni- pation in the Treaty on Conventional which he or she will pursue while in that po- ties to explain the rationale for this de- Armed Forces in Europe and of course

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.020 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S914 CONGRESSIONAL RECORD — SENATE February 6, 2019 violated the core principles of the Hel- the treaty places on the size of Russia’s In my view, it is an important invest- sinki accord by annexing Crimea and strategic nuclear arsenal. Through our ment, it is an important investment to invading Ukraine. data exchanges and our verification re- support our friend and democratic ally The question has never been whether gimes, we gain extremely valuable in- Israel from the many threats it faces in Russia is violating the INF treaty. It is sights into the size and location of a very dangerous neighborhood— and has been in violation. The question their nuclear forces. threats from Iran, Syria, Hezbollah, is how the United States should re- At a time when Russia is engaged in Hamas, and many others. We need to spond. malign behavior all over the world and make sure Israel maintains a strong Throughout the process of trying to Putin is pressing to reassert Russian military edge to defend itself, and that bring Russia back into compliance, I power, it is critical we maintain key is why you have strong bipartisan sup- have raised serious concerns about the leverage points to protect against a re- port for that original bill. Trump administration’s approach. As visionist Russia. New START is one of But then the Republican leader took is the case with most major foreign those points, and I urge my colleagues a bill with broad bipartisan support for policy challenges facing the United and the administration that, in light of Israel and added a provision designed States, the Trump administration ongoing Russian compliance with New to retaliate against American citizens lacks a coherent strategy. In this case, START, we must extend the treaty for who express their disagreement with they do not appear to have any real- an additional 5 years. certain policies of the government of istic plan to address the threat that I strongly urge the administration Israel by participating in certain boy- new Russian missile capabilities pose try a new approach and develop a co- cott activities. Specifically, the Sen- to the interests of the United States herent strategy to stabilize our arms ator from Florida added a provision and those of our allies. control regime. The relationship with that encourages States throughout the By withdrawing from INF at this the Russian Federation remains a chal- country to pass laws to punish Amer- time, the United States is providing lenge, but we must address these arms ican citizens who choose to protest the Russia with a pass on its obligations control issues and negotiate a durable settlement policies of the government and giving them the unfettered and un- agreement that ensures stability in our of Prime Minister Netanyahu by either constrained opportunity to expand the nuclear forces. boycotting products made in Israeli Neither an unconstrained nuclear deployment of their new missile sys- settlements in the West Bank or by not arms race nor blind faith in arms con- tem. The U.S. does not have the assets otherwise engaging in commerce with trol agreements serve U.S. national se- in place to defend against Russia’s new such settlements. missile, nor is it anywhere close to de- curity interest. American security is Now—and I want to make this clear— best served through a strong, credible veloping, manufacturing, and deploy- while I disagree with some of the poli- deterrent that operates within a le- ing a similar system that would oper- cies adopted by the Netanyahu govern- gally binding, stable, and constrained ate as a counter to it. ment in Israel, I do not—I do not in arms control environment. So the President is shredding the INF any way support a boycott as a method treaty without any credible alter- f of expressing those disagreements. native. It is not just bad policy; it is S.1 But—let me be equally clear on this dangerous to European security. The Mr. VAN HOLLEN. Mr. President, I point—I will fiercely defend the con- path the administration has chosen come to the Senate floor today with a stitutional right of any American cit- leaves our allies vulnerable to Russian sense of great disappointment, dis- izen to express his or her views in such aggression, and at this moment, there appointment in what my colleague, the a peaceful way if they so choose. Just is no recourse for the United States or senior Senator from Florida and the as I would support the right of every our allies. Republican leader have done with the American to engage in other political It is within this vein of poor foreign bill that was before us. Because they boycotts to peacefully express their po- policy planning that I want to discuss have taken a bill that had broad— litical views without fear of being pun- a second issue related to INF. In 2021, maybe unanimous—bipartisan support ished by their government. the United States will face the decision and tried to turn it into a political The Senator from Florida wants to whether to extend New START. I am weapon. As a result, they are doing a use the power of the State to punish extremely concerned that President great disservice to the American peo- American citizens who disagree with Trump has no appreciation or under- ple and to all of us who value the tradi- him on this issue. It is right here in the stating of the importance of arms con- tion of strong bipartisan support for bill. Let me read some of the relevant trol treaties and that this deficiency our friend and ally, Israel. I also op- parts. will lead him to abandon all limita- posed Senator MCCONNELL’s amend- A state may adopt and enforce meas- tions on U.S-Russian nuclear forces. ment to S.1 because it contains lan- ures . . . to restrict contracting by the We have historically negotiated and guage that could require the perpetual state for goods and services with—any entered into agreements with our ad- presence of American forces in Afghan- entity that . . . knowingly engages in versaries recognizing that we are deal- istan and Syria. . . . boycott activity . . . intended to ing with hostile powers that cannot be I am a cosponsor of the original bill limit commercial relations with Israel trusted. We build in metrics that ac- S.2497 entitled the United States-Israel or persons doing business in Israel or count for a probability of efforts to de- Security Assistance Authorization Act Israeli-controlled territories for pur- ceive and dodge. In high stakes agree- of 2018. It is a bill to codify the memo- poses of imposing policy positions on, ments, provisions outlining U.S. intel- randum of understanding between the the Government of Israel. ligence verification and compliance are United States and Israel, that was So how does this new provision en- essential. In the universe of arms con- forged under President Obama and courage States to retaliate against trol agreements with Russia, we con- which provides Israel with $38 billion in American citizens? It encourages duct on-site inspections of military security assistance over the next 10 States to pass laws to deny their citi- bases and facilities, and we require years. This includes $33 billion in for- zens the right to bid on any State con- data exchanges in order track the sta- eign military financing funds to Israel tracts unless those citizens sign an tus and makeup of their nuclear forces. and $5 billion in missile defense assist- oath stating that they do not or will In assessing the value of an arms ance for the Iron Dome, David’s Sling, not engage in any boycott of Israel, in- control agreement, we consider wheth- and the Arrow–3. cluding any boycott relating the sale er our participation in the agreement That is a lot of money when you con- or purchase of goods or services from advances our national security inter- sider the many priorities we have here Israeli settlements in the West Bank. ests. at home and abroad. In fact, more than Think about that. Let’s say you are Let’s be clear: The New START trea- one-half of our entire global foreign an American citizen living in my State ty clearly advances vital U.S. national military financing, the security assist- of Maryland. Let’s say you own a com- security interests. Through our inspec- ance we provide to all of our partners puter consulting business and you hap- tion regime, we are able to verify that and allies around the world, goes to pen to disagree with Israeli Prime Min- Russia is adhering to the limitations Israel. ister Netanyahu’s policy of expanding

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.013 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S915 settlements on the West Bank near the but, again, a stunning ignorance of the In the first Texas lawsuit, four indi- city of Bethlehem, and you want to ex- First Amendment. Yes, any of us, as viduals were required to choose be- press your opposition to that policy, individuals, can always decide to boy- tween signing a certification that they and let’s say you choose to protest that cott those whose boycotts we disagree are not participating in a peaceful boy- policy by deciding that you will not with. Each of us is free to boycott cott or losing income and other profes- provide your services to businesses lo- those businesses who choose to boycott sional opportunities. These individuals cated in those settlements on the West Israeli settlements in the West Bank, include a freelance writer who lost two Bank. but that is not what this bill does. This service contracts from the University If you did that, you would be prohib- bill calls upon States to use the power of Houston; a reporter who was forced ited by State law from bidding on a of the State, the power of the govern- to sign the certification against his contract to provide computer con- ment to punish peaceful political ac- conscience in order to keep his job; a sulting services to a Maryland State tions we don’t like. Again, that is pat- Ph.D. candidate at Rice University, agency. Think about that. You may ently unconstitutional. who was forced to forfeit payment for run the best computer consulting busi- That is the conclusion reached by judging at a debate tournament; and a ness in the State of Maryland, but if two Federal courts that struck down student at Texas State University, who you don’t sign an oath renouncing your the kind of State laws that Sen- has had to forego opportunities to right to engage in a boycott, you can- atorRUBIO seeks to promote. judge high school debate tournaments. not win any contract with the State. In In Kansas, a Federal judge blocked In the second lawsuit, a Texas speech other words, even if you are the best, the enforcement of a State law requir- pathologist, who had worked with de- most qualified bidder, you would be ing any state contractor to submit a velopmentally disabled, autistic, and disqualified from winning that State written certification that they are speech-impaired elementary school contract because of your peaceful po- ‘‘not currently engaged in a boycott of students for 9 years, was fired because litical activity having nothing to do Israel.’’ In the Kansas case, a woman she refused to sign an addendum to her with your ability to fulfill the con- who had served as a public school math contract renewal saying she would not tract. teacher for 9 years was barred from boycott Israel or Israeli settlements. Does that sound unconstitutional? Of participating in a Sate-sponsored In my home State of Maryland, a course, it is unconstitutional. And, teacher training program because she software engineer is challenging an ex- guess what? That is what two Federal refused to sign a certification that she ecutive order requiring contractors to courts have already concluded about wasn’t participating in a boycott of certify in writing that they are not State laws that already do what Sen- Israel. boycotting Israel or its settlements. In ator RUBIO’s bill is proposing. I am The court found that the antiboycott that case, the individual was barred going to review those decisions in a certification requirement was designed from bidding on government software moment, but before I do, let me re- to suppress political speech and was program contracts because he would spond to the really flimsy defense the ‘‘plainly unconstitutional.’’ In his not sign such a certification. These laws are patently unconstitu- senior Senator from Florida and others opinion, the judge wrote, ‘‘[T]he Su- preme Court has held that the First tional. have offered to try to justify this effort Now, I will speak briefly to a recent Amendment protects the right to par- to punish free expression. Here is what court decision in Arkansas, in which ticipate in a boycott like the one pun- Senator RUBIO tweeted out: ‘‘Opposi- the judge ruled in favor of a law pro- ished by the Kansas law.’’ tion to our bill isn’t about free speech. hibiting the State from contracting In Arizona, a Federal court blocked a Companies are FREE to boycott Israel. with or investing in individuals or State law requiring contractors to cer- But state and local governments firms that boycott Israel or its settle- tify that they will not boycott Israel, should be FREE to end contracts with ments. companies that do.’’ finding again that the law violates the This decision is destined for dustbin This reflects a profound misunder- right of free speech. In this case, an at- of history. I am not sure any Senator standing of the First Amendment. It torney contracted with the government wants to be associated with its holding. turns the First Amendment on its to provide legal services to incarcer- It concludes that a boycott ‘‘is not head. It is like saying to our fellow ated individuals. Because of his polit- speech, inherently expressive activity, Americans, you are free to peacefully ical views, the attorney refused to pur- or subject to constitutional protec- express yourselves however you want, chase goods from businesses supporting tion.’’ but the government is then free to use Israeli settlements in the West Bank. The banner right here on page 9 on the power of the State to punish you Because he would not submit a written the opinion reads: ‘‘A Boycott Is Nei- for doing so. You are free to express certification that he wasn’t boycotting ther Speech Nor Inherently Expressive your political opinions, but, if we don’t Israel, he was barred from contracting Conduct.’’ like what you say, the State is free to with the State to provide legal serv- In other words, States can pass laws pass laws to prevent you from doing ices. banning or penalizing boycotts that any business with the State. In this case, the court held, ‘‘A re- they don’t like. Years ago, as a college That is State-sponsored discrimina- striction of one’s ability to participate student, I was active in the movement tion against disfavored political ex- in collective calls to oppose Israel un- to divest from companies that did busi- pression. I would remind my colleagues questionably burdens the protected ex- ness with the apartheid regime of that the First Amendment is not de- pression of companies wishing to en- South Africa. Under the Arkansas signed to protect government from its gage in a boycott. The type of collec- court decision, a State could pass a law citizens; it is designed to protect citi- tive action targeted by the [law] spe- that could ban that conduct or at least zens, who may engage in unpopular cifically implicates the rights of as- penalize me if I did business as a sole speech, from retaliation by the govern- sembly and association that Americans proprietor and sought State contracts. ment. and Arizonans use ‘to bring about po- There is no doubt that the Arkansas What if a State passed a law to penal- litical, social, and economic change’.’’ decision will be overturned. That is be- ize gun control advocates who boy- There are a number of other chal- cause the Supreme Court explicitly cotted stores that sold semiautomatic lenges to laws requiring government held in the case of NAACP v. Claiborne weapons? What if a State retaliated contractors to certify they are not boy- Hardware that the First Amendment against anti-abortion activists who cotting Israel or Israeli settlements, on protects the right to participate in a boycotted health clinics that provide the grounds that they violate an Amer- boycott for political purposes. The abortion services? ican’s fundamental right to free judge in the Arkansas case attempts to So SenatorRUBIO’s proposal is a text- speech. narrow that NAACP holding in a way book example of why we need the First In Texas, there are two pending First that is clearly inconsistent with the Amendment. Amendment challenges to a law requir- First Amendment protections. I urge I have heard others defend this meas- ing State contractors to certify they my colleagues to read all three deci- ure by saying: ‘‘It is simply a law to will not boycott Israel or its settle- sions from the Federal district courts boycott the boycotters.’’ A cute slogan ments. in Kansas, Arizona, and Arkansas.

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.042 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S916 CONGRESSIONAL RECORD — SENATE February 6, 2019 Now, as I said earlier, I do not sup- One of the reasons for discouraging Finally, to the Senator from Florida port the boycott of Israel as a means of settlements and outposts in new areas and others, nothing, will motivate pressing the Netanyahu government to is to preserve the option for a two- Americans to exercise their rights change some of its policies, but here is state solution, an option that has pre- more that efforts to suppress them. what I predict: I predict that the boy- viously been supported by Presidents of Trying to suppress free speech, even cott movement will continue to grow both parties, as well as pro-Israel unpopular speech, even conduct that for a number of reasons. At the top of groups, including AIPAC, J Street, and we don’t support here and I don’t sup- that list is the fact that the Trump ad- others. It is a demographic reality port, that will only add momentum. ministration’s actions and inaction are that, in order to ensure a Jewish State I will end where I started. It is a real- adding oxygen to the boycott move- that is democratic and provides equal ly shameful and disappointing day ment. rights to all its citizens, there must be when the sponsors of this legislation To start, the Trump administration a two-state solution. took a bill demonstrating strong bipar- has abandoned any pretense of trying Now, such a solution should come tisan support for Israel, to our friends to prevent the expansion of Israeli set- about through a negotiated settlement and allies that share our commitment tlements in new parts of the West between the parties, the Israelis and to democracy, and share other values Bank. There has been a big jump in the the Palestinians. We all know that dys- we hold dear, that Senators took that number of tenders and settlement function and obstruction on the Pales- bill and used it to attack the constitu- plans since President Trump took of- tinian side has been one obstacle to tional rights of American citizens who fice. In fact, our Ambassador there, reaching an agreement, but that does may want to peacefully demonstrate Ambassador Freidman, has been a not justify changing the status quo on their opposition to some of the vocal cheerleader for additional settle- the ground by adding settlements in Netanyahu government’s policies—not ments in new areas. In doing so, the new areas that will make a two-state in the way you would choose, not in Trump administration has abandoned solution impossible. the way I would choose—but in a way what had been a long-held bipartisan Second, the Trump administration, they have a right to do as American position of the U.S. Government. Here under the guidance of the President’s citizens. are a few statements from Presidents designated Middle East senior adviser, So in making these changes to the of both parties over the past 40 years. his son-in-law, , has em- bill, the sponsors are sabotaging what President Ronald Reagan, in 1982, barked on undisguised effort to crush was a bipartisan bill to support our said, ‘‘Settlement activity is in no way the Palestinians by revoking all U.S. friend and ally Israel and in the process necessary for the security of Israel and humanitarian assistance. strengthening the very boycott move- only diminishes the confidence of the Here we are, authorizing $38 billion ment that we seek to oppose. That Arabs that a final outcome can be free- for U.S. military support for Israel, hurts Israel. That hurts the United ly and fairly negotiated.’’ something I strongly support and am a States. This is a really sad day in the President George H.W. Bush, in 1990, cosponsor of, while at the same time U.S. Senate, when we took something said, ‘‘The foreign policy of the United the Trump administration has elimi- that we all agreed on and decided to States says we do not believe there nated—eliminated—humanitarian and use it to attack the constitutional should be new settlements in the West other assistance to help the Pales- rights of American citizens to express Bank or in East Jerusalem.’’ tinian people, many of whom are living opinions we may disagree with. President Bill Clinton, in 2001, said, in horrible conditions. Furthermore, I oppose Senator ‘‘The settlement enterprise and build- The Trump administration has elimi- MCCONNELL’s amendment to S. 1, which ing bypass roads in the heart of what nated assistance that helps provide calls for ‘‘the Administration to certify they already know will one day be part medical care, clean water and food to that conditions have been met for the of a Palestinian state is inconsistent hundreds of thousands of vulnerable enduring defeat of al Qaeda and ISIS with the Oslo commitment that both Palestinian children and families. before initiating any significant with- sides negotiate a compromise.’’ Much of this assistance is provided by drawal of United States forces from President George W. Bush spoke out organizations like Catholic Relief Syria and Afghanistan.’’ I strongly be- against new settlements. In 2002, he Services and the Lutheran World Fed- lieve we have to finish the job and de- said, ‘‘Israeli settlement activity in oc- eration. stroy and al Qaeda and ISIS, but Sen- cupied territories must stop, and the President Trump has also eliminated ator MCCONNELL leaves undefined what occupation must end through with- $25 million in U.S. support to a net- an ‘‘enduring defeat’’ means in this drawal to secure and recognized bound- work of six hospitals in East Jeru- context. Does he mean an enduring de- aries.’’ salem, support the Congress explicitly feat of the ideology of ISIS and al- Finally, President Obama, in 2009, protected under the Taylor Force Act. Qaeda, which may never be achieved? said, ‘‘The United States does not ac- In doing this, he gutted funding for the Does he mean the removal of every sin- cept the legitimacy of continued main hospital providing cancer treat- gle fighter from the battlefield, which Israeli settlements. This construction ment for patients in the West Bank and the administration might also never be violates previous agreements and un- Gaza and kidney dialysis for children. able to certify? By leaving this stand- dermines efforts to achieve peace. It is These hospitals include Lutheran Au- ard so nebulous, Senator MCCONNELL time for these settlements to stop.’’ gusta Victoria Hospital, the Anglican has seemingly endorsed an indefinite The provision before us today di- St. John of Jerusalem Eye Hospital, presence of U.S. troops in both coun- rectly contradicts this long stated U.S. and the Catholic St. Joseph Hospital, tries, bolstering the positions of the policy by drawing no distinction be- American-founded institutions that most hawkish members of President tween someone boycotting businesses fall under our American Schools and Trump’s Cabinet, National Security located in the State of Israel and some- Hospitals Abroad program. The Trump Adviser John Bolton and Secretary of one boycotting businesses located in administration has eliminated support State Mike Pompeo. settlements in the territories. In other for those programs. Though I do not support an indefinite words, this provision and the State The effort to crush the Palestinians U.S. presence in Syria, I also oppose laws it promotes supports the same into submitting to a one-sided agree- President Trump’s abrupt decision for penalty for those who boycott com- ment will never work. President Trump an immediate withdrawal from Syria. merce with a business in Tel Aviv as it and Jared Kushner apparently think This rash decision puts at risk our mis- does those who boycott commerce with this is just another real estate deal sion to defeat ISIS and endangers the businesses in the settlements, includ- where you turn off the water and elec- future of our Syrian Kurdish allies, ing outposts that may be illegal even tricity to force your tenants out. In- who have been the tip of the spear in under Israeli law. This provision that stead, these actions by the Trump ad- that fight. Ilham Ahmed, the cochair of was before us erases an important dis- ministration will add fuel to the boy- the Syrian Democratic Council, under- tinction in American policy that has cott movement because many people scored this point in a meeting I con- been endorsed by Presidents of both will see no other vehicle for expressing vened with a bipartisan group of Sen- parties. their views. ators last week.

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.043 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S917 That is why I introduced a bipartisan REMEMBERING CHARLES S. aboard, and all 44 finally made it off amendment with Senator TOOMEY, KETTLES the battlefield. which calls for a clear, publicly articu- Ms. STABENOW. Mr. President, Charlie was awarded the Distin- lated strategy that will guide the with- today I wish to pay tribute to a Michi- guished Service Cross, the Army’s sec- drawal of U.S. forces from Syria. Criti- gan veteran whose bravery, spirit of ond-highest citation for valor, in 1968; cally, our amendment also makes clear service, and selfless dedication to his yet when I heard his story, I thought, that the United States must protect fellow soldiers earned him the Nation’s if anyone was ever worthy of receiving the Syrian Democratic Forces from at- highest military honor and the eternal the Medal of Honor, Charlie was. tacks by Turkey, which is more fo- gratitude of 44 American families. Typically, the Medal of Honor must cused on destroying the Syrian Kurds Charles S. Kettles was Michigan be awarded within 5 years of the heroic than defeating ISIS. through and through. He was born in act. That is why, in 2015, I introduced Finally, this legislation does not ac- Ypsilanti in 1930, and that is where he legislation with Senator GARY PETERS knowledge the obvious: We have a passed away on January 21, 2019, a cou- and Congresswoman to reckless President who undermines our ple of weeks after his 89th birthday. allow Charlie to receive the Medal of security daily. We have a President He attended Edison Institute High Honor. In 2016, that is just what hap- who conducts foreign policy by tweet School in Dearborn and fell in love pened. and champions the views of brutal dic- with flying in the school’s flight simu- ‘‘In a lot of ways, Chuck is America,’’ tators, like Vladimir Putin and Kim lator. Perhaps it was no surprise; his President Obama said during his Medal Jong Un, above that of his own top in- father served as a military pilot during of Honor ceremony at the White House. telligence officials. We have a Presi- both World Wars. ‘‘To the dozens of American soldiers dent who has compromised American Charlie was active in the community. that he saved in Vietnam half a cen- credibility; allies and adversaries alike He and his brother opened a Ford deal- tury ago, Chuck is the reason that they cannot trust if his grand pronounce- ership in DeWitt. He later earned a lived and came home and had children ments will translate into action or if master’s degree in industrial tech- and grandchildren. Entire family they will just as quickly be reversed. nology from Eastern Michigan Univer- trees—made possible by the actions of More than any President before him, sity and launched its aviation program. this one man.’’ President Trump has shirked Amer- He served on the Ypsilanti City Council Charlie remained humble about his ica’s founding principles and our values and in the local Kiwanis club. He was award. as a nation. Until Republicans in the close to his family and enjoyed his nine ‘‘Out of all of that, there is really Congress acknowledge that obvious grandchildren. only one thing that means anything— point, our ability to preserve American In many ways, Charlie lived an ordi- those 40 names are not on the wall in leadership abroad will be greatly com- nary Michigan life. What made his life D.C. Awards are nice, but there is far promised. truly extraordinary were events that more gratitude in simply knowing For all of these reasons, I voted happened far away from Ypsilanti on that.’’ against S. 1. the other side of the world. Charlie Kettles was a real-life hero Ms. DUCKWORTH. Mr. President, Charlie was drafted into the Army in and the very best of Michigan. The peo- while the Strengthening America’s Se- 1951, attended Army aviation school, ple of my State and the families of the curity in the Middle East Act is clearly and served tours in Japan and Thai- 44 men he saved will remain forever far from perfect, the majority of the land. He retired from Active Duty in grateful for his service and sacrifice. legislation addresses several key prior- 1956, and that could have been the end Thank you. ities that are particularly important to of his military service, but the Army f was in desperate need of helicopter pi- me: formalizing long-term security aid ADDITIONAL STATEMENTS to Israel, supporting our Jordanian al- lots during the Vietnam war. So in lies’ fight against the Islamic State, 1963, Charlie volunteered for active and sanctioning the Syrian financial duty and learned to fly the UH–1D 150TH ANNIVERSARY OF THE system over the Assad regime’s human ‘‘Huey.’’ TOWN OF AUBURN, MAINE Those skills would save lives on May rights abuses. 15, 1967, when then-Major Kettles vol- ∑ Mr. KING. Mr. President, today I These provisions represent important unteered to lead a flight of six Hueys wish to recognize the town of Auburn, measures to concretely support our al- on a rescue mission when members of ME, which is celebrating its 150th anni- lies and address serious national secu- the 101st Airborne Division were am- versary this year. Auburn might be a rity concerns. The legislation as a bushed by enemy troops. small city, but it features something whole also preserves Obama adminis- The helicopters came under fire, but for everyone, from recreation activities tration international agreements that that didn’t stop Charlie. He kept on and parks and trails to cultural oppor- promote regional security while pro- flying. When he returned to base after tunities, a variety of restaurants, shop- viding the Trump administration with his second rescue flight, his helicopter ping, and public and private school op- more tools to levy sanctions against was leaking fuel, and his gunner had tions. Located along the banks of the human rights abusers in the Assad re- been severely wounded. Androscoggin River, Auburn is home to gime in Syria. Then the call came in: 44 Americans over 23,000 residents and is the county I also strongly oppose the BDS move- still needed to be evacuated. Charlie seat of Androscoggin County. ment. However, I have long had con- found a Huey that wasn’t leaking fuel, Auburn was first incorporated on cerns about the Combating BDS Act led a flight of six evacuation heli- February 22, 1869, and was created by and similar legislation, which could be copters back to the landing zone, and annexing parts of the surrounding interpreted to change longstanding successfully rescued the stranded towns of Poland, Minot, and Danville, U.S. policy towards Israeli settlement men—or so he thought. previously called Pejepscot. Auburn activity and could have negative impli- On the flight back to base, Charlie was the first city in Maine to adopt a cations on domestic freedom of speech learned that eight troops had been un- council-manager form of government protections. Those concerns are rightly able to reach the evacuation heli- and grew into one of Maine’s largest being litigated in Federal court. This copters. He didn’t hesitate. With no re- municipalities. In the early to mid- bill does not protect a state or local gard for his own safety, he turned his 1800s, a new bridge across the BDS law from being challenged in Huey around and returned to the land- Androscoggin River to Lewiston and court by an individual on constitu- ing zone. the arrival of the Atlantic and St. Law- tional grounds. His helicopter was hit by gunfire, and rence Railroad helped spur develop- While this was among the more dif- a mortar round damaged the rotor ment in Auburn. Like many Maine ficult votes I have taken, ultimately blade and shattered the windshield. De- towns, Auburn developed into a mill the national security and other bene- spite the damage, Charlie skillfully town, and many of those mills were fits of the entirety of this legislation navigated his helicopter to the landing powered by the falls on the could not be ignored or passed up. zone. The remaining troops scrambled Androscoggin and Little Androscoggin

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.044 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S918 CONGRESSIONAL RECORD — SENATE February 6, 2019 Rivers. Auburn was also the home to a munity advocates about ways that Ed’s unique experience and success in number of other manufacturing plants, small business policies and collabora- the Miami community has given him a including shoes, cotton and woolen tex- tion between Federal and city agencies platform to give back to his neighbor- tiles, carriages, bricks, and furniture. can encourage economic growth and hood. Beginning with his time in the The population of the city grew quick- upward mobility in our more vulner- Marine Corps, Ed has remained com- ly through the end of the 1800s, mostly able communities. We discussed how, mitted to serving others. Today, he due to the influx of French-Canadian together, we can support an upward continues this service by mentoring immigrants coming to the city to work mobility that honors the men, women, young people and through motivational at the shoe factories. and children who live in that commu- speaking, where he uses his story to By the late 19th century, shoe manu- nity and to provide jobs in the commu- encourage people to reach their full po- facturing became the dominant indus- nity that support safe and affordable tential. try in Auburn. In fact, the city seal de- housing options. Small businesses are Companies like Haynes Security picts a spindle with different types of rooted in their communities, and when Services are a great example of the shoes at each outside point. In 1917, one an owner of that business also grew up success that is possible with vision, factory in Auburn was producing 75 in that community, they are going to hard work, and quality service. It is percent of the world’s supply of white hire local citizens, and they are going also a testament to the impact that lo- canvas shoes. Like many manufac- to support local partnerships and orga- cally owned and operated small busi- turing towns, Auburn has had to re- nizations. nesses, who hire people from the com- It is at the hearing that I learned of invent itself in recent years, and they munity and are committed to the fami- Edward ‘‘Ed’’ Haynes. Haynes Security have shown their resiliency and grit. lies who live there, can have on places Services is a shining example of what Today, Auburn is as vibrant as ever. like Liberty City. I would like to con- The city of Auburn has contributed is possible in Liberty City and commu- nities just like it. After spending 6 gratulate Ed, Adriene, Chakara, to the energy, vitality, and commerce Candyce, and all of the employees at of the State of Maine and is poised to years in the U.S. Marine Corps, Ed joined the Miami Shores Police Depart- Haynes Security Services on being make the next 150 years some of the ment, becoming the organization’s first named Small Business of the Week. I best years in its long and cherished his- African-American police officer. In the wish you the best of luck as you grow tory. I hope that the citizens of Auburn early 1990s, Ed’s background and exper- your business and stay active in your take the opportunity during this year- ∑ tise led him into the private security community. long birthday celebration to reconnect industry where he consulted before f to their roots, share their life stories, founding Haynes Security Services in and remind current and future genera- MESSAGES FROM THE PRESIDENT 2011. Combined, Ed has more than 30 tions about the rich past and the bright years of security experience under his Messages from the President of the future ahead of us all. Happy 150th belt. United States were communicated to birthday, Auburn, and congratulations As Ed’s company has grown from just the Senate by Ms. Ridgway, one of his to all the citizens of this great Maine 1 employee to 30 officers, he ensured secretaries. community.∑ that it remains family-owned and oper- f f ated and rooted in the Liberty City REMEMBERING HAYNES SECURITY community. He relies on his wife EXECUTIVE MESSAGES REFERRED SERVICES, INC. Adriene, who is the chief financial offi- As in executive session the Presiding cer, and his daughters, Chakara, who ∑ Mr. RUBIO. Mr. President, it is my Officer laid before the Senate messages provides human resources support, and from the President of the United privilege to highlight a Florida small Candyce, who is in charge of the com- business that displays the unique en- States submitting sundry nominations pany’s marketing. Ed noted the incred- which were referred to the appropriate trepreneurial spirit found across my ible responsibility in providing for 30 home State of Florida. As chairman of committees. families, including those of his own (The messages received today are the Senate Committee on Small Busi- daughters. ness and Entrepreneurship, each week I printed at the end of the Senate pro- Today, Haynes Security Services pro- ceedings.) recognize a small business that exem- vides a wide range of security services, plifies ingenuity, hard work, and dedi- including investigations, security con- f cation to improving their community. sultations, executive protection, and MESSAGE FROM THE HOUSE Today, it is my distinct privilege to electronic security solutions. Recently, honor Haynes Security Services, Inc., the company took on larger contracts At 3:19 p.m., a message from the of Miami, FL, as the Small Business of to provide security for the Miami-Dade House of Representatives, delivered by the Week. Metrorail, large real estate develop- Mrs. Cole, one of its reading clerks, an- Founded in 2011, Haynes Security ment companies, as well as major nounced that pursuant to 22 U.S.C. Services has grown from a small firm events in Miami. In addition to these 3003, and the order of the House of Jan- focused on security consulting, to a services, Haynes Security Services also uary 3, 2019, the Speaker appoints the full-service security company with 35 provides private security licensing and following Member on the part of the employees and more than $600,000 in certification training as required by House of Representatives to the Com- annual revenues. It has done so in the the State of Florida. mission on Security and Cooperation in heart of Liberty City, which has a long, In 2017, Ed and his team were named Europe: Mr. HASTINGS of Florida, proud, yet complicated, history. In re- the Veteran-Owned Business of the Chair. cent years, Liberty City has been char- Year by both the Small Business Ad- f acterized as a community that suffers ministration South Florida District Of- with poverty, schools that have strug- fice and the State of Florida. Through- MEASURES PLACED ON THE gled, majority single-parent house- out the company’s history, Haynes Se- CALENDAR holds, and a declining workforce. How- curity Services has worked closely The following bill was read the sec- ever, history tells us that this a com- with the Florida Small Business Devel- ond time, and placed on the calendar: munity that not that long ago was opment Center, SBDC, at Florida Inter- S. 340. A bill to promote competition in the thriving with entrepreneurs, economic national University. This partnership market for drugs and biological products by opportunity, and strong families. I has given Ed and his team the strategic facilitating the timely entry of lower-cost think those virtues, those values, and assistance and knowledge they need to generic and biosimilar versions of those those ambitions still remain in the pursue major contracts and secure ac- drugs and biological products. heart in the soul of the people who live cess to capital. Ed credits the practical f in Liberty City. know-how and dedication of the SBDC On February 1, 2019, I held a com- consultants with much of the recent REPORTS OF COMMITTEES mittee field hearing in Liberty City to success that Haynes Security Services The following reports of committees have an in-depth discussion with com- has experienced. were submitted:

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.060 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S919 By Mr. CRAPO, from the Committee on By Mr. MENENDEZ (for himself, Mr. Commerce to provide advance notice to Con- Banking, Housing, and Urban Affairs, with- BOOZMAN, and Mr. SCHUMER): gress before changing any questions on the out amendment: S. 348. A bill to amend title XVIII of the decennial census, and for other purposes; to S. Res. 47. An original resolution author- Social Security Act to provide for the dis- the Committee on Homeland Security and izing expenditures by the Committee on tribution of additional residency positions, Governmental Affairs. Banking, Housing, and Urban Affairs. and for other purposes; to the Committee on By Mr. CARDIN (for himself and Mr. By Mr. WICKER, from the Committee on Finance. WICKER): Commerce, Science, and Transportation, By Ms. COLLINS (for herself and Mr. S. 359. A bill to amend the Internal Rev- without amendment: CARDIN): enue Code of 1986 to exclude from gross in- S. Res. 48. An original resolution author- S. 349. A bill to require the Secretary of come certain Federally-subsidized loan re- izing expenditures by the Committee on Transportation to request nominations for, payments for dental school faculty; to the Commerce, Science, and Transportation. and make determinations regarding, roads to Committee on Finance. By Mr. JOHNSON, from the Committee on be designated under the national scenic by- By Mr. MENENDEZ (for himself, Ms. Homeland Security and Governmental Af- ways program, and for other purposes; to the HARRIS, and Mr. BOOKER): fairs, without amendment: Committee on Environment and Public S. 360. A bill to amend the Securities Ex- Works. S. Res. 49. An original resolution author- change Act of 1934 to require the submission By Mr. DAINES (for himself and Mr. izing expenditures by the Committee on by issuers of data relating to diversity, and LEAHY): Homeland Security and Governmental Af- for other purposes; to the Committee on S. 350. A bill to restore the application of fairs. Banking, Housing, and Urban Affairs. the Federal antitrust laws to the business of By Mr. GARDNER (for himself, Mr. By Mr. BURR, from the Select Committee health insurance to protect competition and CRAPO, Mr. ROBERTS, Mr. TESTER, Mr. on Intelligence, without amendment: consumers; to the Committee on the Judici- S. Res. 51. An original resolution author- BENNET, Mr. RISCH, and Mr. ENZI): ary. S. 361. A bill to amend the Internal Rev- izing expenditures by the Select Committee By Mrs. HYDE–SMITH (for herself, on Intelligence. enue Code of 1986 to facilitate water leasing Mrs. BLACKBURN, Ms. ERNST, Mr. By Mr. HOEVEN, from the Committee on and water transfers to promote conservation CRAMER, Mr. ENZI, Mr. SCOTT of Indian Affairs, without amendment: and efficiency; to the Committee on Finance. South Carolina, Mr. SULLIVAN, Mr. S. Res. 52. A resolution authorizing ex- By Mr. WYDEN (for himself, Mr. LEE, Mr. ROBERTS, Mr. WICKER, and penditures by the Committee on Indian Af- BLUNT, Mr. CARPER, Mr. ROBERTS, OUNDS Mr. R ): Ms. STABENOW, Mr. MORAN, Mr. fairs. S. 351. A bill to prohibit Federal funding of CASEY, Mr. PORTMAN, Mr. BENNET, f State firearm ownership databases, and for Mrs. CAPITO, Ms. BALDWIN, and Mr. other purposes; to the Committee on Home- GARDNER): INTRODUCTION OF BILLS AND land Security and Governmental Affairs. JOINT RESOLUTIONS S. 362. A bill to amend the Internal Rev- By Mr. CORNYN (for himself and Mr. enue Code of 1986 to reform taxation of alco- ARNER): The following bills and joint resolu- W holic beverages; to the Committee on Fi- S. 352. A bill to amend the Internal Rev- nance. tions were introduced, read the first enue Code of 1986 to increase the national and second times by unanimous con- limitation amount for qualified highway or By Ms. KLOBUCHAR (for herself, Mr. sent, and referred as indicated: surface freight transfer facility bonds; to the BLUNT, Mr. CASEY, Mr. INHOFE, and Committee on Finance. Mr. BOOZMAN): By Mr. YOUNG (for himself and Ms. S. 363. A bill to establish an Intercountry By Mr. CORNYN (for himself and Mr. BALDWIN): Adoption Advisory Committee, and for other KAINE): S. 342. A bill to reauthorize title VI of the purposes; to the Committee on Foreign Rela- Higher Education Act of 1965 in order to im- S. 353. A bill to amend title 23, United States Code, to improve the transportation tions. prove and encourage innovation in inter- By Mr. BROWN (for himself and Mr. national education, and for other purposes; infrastructure finance and innovation PORTMAN): to the Committee on Health, Education, (TIFIA) program, and for other purposes; to the Committee on Environment and Public S. 364. A bill to amend the Ohio & Erie Na- Labor, and Pensions. tional Heritage Canalway Act of 1996 to mod- By Mr. BARRASSO (for himself, Mr. Works. By Mr. WARNER (for himself and Ms. ify the funding limitation; to the Committee ROBERTS, and Mr. ENZI): on Energy and Natural Resources. S. 343. A bill to amend the Internal Rev- COLLINS): S. 354. A bill to avoid duplicative annual By Mr. PORTMAN (for himself, Mr. enue Code of 1986 to terminate the credit for JONES, Ms. ERNST, Mr. ALEXANDER, new qualified plug-in electric drive motor ve- reporting under the Internal Revenue Code of 1986 and the Employee Retirement Income Mrs. FEINSTEIN, Mrs. FISCHER, Ms. hicles and to provide for a Federal Highway SINEMA, Mr. YOUNG, and Mr. WICKER): user fee on alternative fuel vehicles; to the Security Act of 1974, and for other purposes; to the Committee on Health, Education , S. 365. A bill to amend section 232 of the Committee on Finance. Labor, and Pensions. Trade Expansion Act of 1962 to require the By Mr. TILLIS: By Mr. BLUMENTHAL (for himself, Secretary of Defense to initiate investiga- S. 344. A bill to amend the Federal Food, Mr. MURPHY, Mr. MARKEY, and Ms. tions and to provide for congressional dis- Drug, and Cosmetic Act and the Securities WARREN): approval of certain actions, and for other Exchange Act of 1934 to prevent the inter S. 355. A bill to establish a grant program purposes; to the Committee on Finance. partes review process for challenging patents to provide assistance to prevent and repair By Mr. DURBIN (for himself, Ms. HAR- from diminishing competition in the phar- damage to structures due to pyrrhotite; to RIS, Ms. SMITH, Ms. KLOBUCHAR, and maceutical industry and with respect to drug the Committee on Homeland Security and Mr. BLUMENTHAL): innovation, and for other purposes; to the Governmental Affairs. S. 366. A bill to shorten monopoly periods Committee on Health, Education, Labor, and By Mr. MURPHY (for himself, Mr. for prescription drugs that are the subjects Pensions. BLUMENTHAL, Ms. WARREN, and Mr. of sudden price hikes; to the Committee on By Mr. CASEY (for himself, Mrs. GILLI- MARKEY): Health, Education, Labor, and Pensions. BRAND, Mrs. MURRAY, Ms. KLO- S. 356. A bill to establish a grant program f BUCHAR, Ms. STABENOW, and Mr. to provide assistance to States to prevent BLUMENTHAL): and repair damage to structures due to SUBMISSION OF CONCURRENT AND S. 345. A bill to amend title II of the Social pyrrhotite; to the Committee on Banking, SENATE RESOLUTIONS Security Act to increase survivors benefits Housing, and Urban Affairs. for disabled widows, widowers, and surviving The following concurrent resolutions By Mr. RUBIO (for himself, Mr. WYDEN, and Senate resolutions were read, and divorced spouses, and for other purposes; to and Mr. MARKEY): the Committee on Finance. S. 357. A bill to require annual reports on referred (or acted upon), as indicated: By Ms. HASSAN (for herself, Mr. SAND- religious intolerance in Saudi Arabian edu- By Mr. CRAPO: ERS, Mrs. SHAHEEN, and Mr. MARKEY): cational materials, and for other purposes; S. Res. 47. An original resolution author- S. 346. A bill to provide for the study and to the Committee on Foreign Relations. izing expenditures by the Committee on evaluation of net metering, and for other By Mr. SCHATZ (for himself, Ms. Banking, Housing, and Urban Affairs; from purposes; to the Committee on Energy and BALDWIN, Mr. BENNET, Mr. the Committee on Banking, Housing, and Natural Resources. BLUMENTHAL, Mr. CARDIN, Ms. COR- Urban Affairs; to the Committee on Rules By Mrs. GILLIBRAND (for herself and TEZ MASTO, Ms. DUCKWORTH, Mr. and Administration. Mr. SCHUMER): DURBIN, Mrs. GILLIBRAND, Ms. HAR- By Mr. WICKER: S. 347. A bill to designate the facility of RIS, Mr. KAINE, Mr. KING, Mr. S. Res. 48. An original resolution author- the United States Postal Service located at PETERS, Mr. REED, Ms. ROSEN, Ms. izing expenditures by the Committee on 40 Fulton Street in Middletown, New York, SMITH, Mr. UDALL, Mr. VAN HOLLEN, Commerce, Science, and Transportation; as the ‘‘Benjamin A. Gilman Post Office and Ms. KLOBUCHAR): from the Committee on Commerce, Science, Building’’ ; to the Committee on Homeland S. 358. A bill to amend title 13, United and Transportation; to the Committee on Security and Governmental Affairs. States Code, to require the Secretary of Rules and Administration.

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S920 CONGRESSIONAL RECORD — SENATE February 6, 2019 By Mr. JOHNSON: tain health outcomes of adults with (Mr. BENNET) was added as a cosponsor S. Res. 49. An original resolution author- chronic pain and post-traumatic stress of S. 319, a bill to improve the repro- izing expenditures by the Committee on disorder, and for other purposes. ductive assistance provided by the De- Homeland Security and Governmental Af- S. 184 partment of Defense and the Depart- fairs; from the Committee on Homeland Se- curity and Governmental Affairs; to the At the request of Mr. MARKEY, the ment of Veterans Affairs to severely Committee on Rules and Administration. name of the Senator from New Hamp- wounded, ill, or injured members of the By Mr. LANKFORD (for himself and shire (Mrs. SHAHEEN) was added as a co- Armed Forces, veterans, and their Mr. BLUNT): sponsor of S. 184, a bill to authorize the spouses or partners, and for other pur- S. Res. 50. A resolution improving proce- appropriation of funds to the Centers poses. dures for the consideration of nominations in for Disease Control and Prevention for f the Senate; to the Committee on Rules and conducting or supporting research on Administration. STATEMENTS ON INTRODUCED firearms safety or gun violence preven- By Mr. BURR: BILLS AND JOINT RESOLUTIONS tion. S. Res. 51. An original resolution author- By Ms. COLLINS (for herself and izing expenditures by the Select Committee S. 238 on Intelligence; from the Select Committee At the request of Mr. RUBIO, the Mr. CARDIN): on Intelligence; to the Committee on Rules name of the Senator from South Da- S. 349. A bill to require the Secretary of Transportation to request nomina- and Administration. kota (Mr. ROUNDS) was added as a co- By Mr. HOEVEN: sponsor of S. 238, a bill to amend the tions for, and make determinations re- S. Res. 52. A resolution authorizing ex- State Department Basic Authorities garding, roads to be designated under penditures by the Committee on Indian Af- the national scenic byways program, Act of 1956 to monitor and combat fairs; from the Committee on Indian Affairs; and for other purposes; to the Com- anti-Semitism globally, and for other to the Committee on Rules and Administra- mittee on Environment and Public purposes. tion. Works. By Mr. GRASSLEY: S. 246 Ms. COLLINS. Mr. President, I rise S. Res. 53. A resolution recognizing the At the request of Mr. MURPHY, the today to discuss the Reviving Amer- staff of the Office of Legislative Counsel of name of the Senator from Michigan the Senate on the occasion of the 100th anni- ica’s Scenic Byways Act, a bill I have (Mr. PETERS) was added as a cosponsor versary of the Office; considered and agreed introduced with my colleague from to. of S. 246, a bill to block the implemen- Maryland, Senator CARDIN. Our bill tation of certain presidential actions f seeks to revive the long-dormant proc- that restrict individuals from certain ess within the U.S. Department of ADDITIONAL COSPONSORS countries from entering the United Transportation through which some of States. S. 126 our Nation’s most remarkable road- S. 262 At the request of Ms. MURKOWSKI, the ways can earn the prestigious designa- name of the Senator from Alaska (Mr. At the request of Mr. VAN HOLLEN, tion of ‘‘National Scenic Byway.’’ the name of the Senator from New Jer- SULLIVAN) was added as a cosponsor of The National Scenic Byways Pro- S. 126, a bill to direct the Secretary of sey (Mr. BOOKER) was added as a co- gram began as a grassroots effort to the Interior to establish a demonstra- sponsor of S. 262, a bill to provide for a help recognize, preserve, and enhance tion program to adapt the successful pay increase in 2019 for certain civilian selected roads throughout the United practices of providing foreign aid to employees of the Federal Government, States based on one or more cultural, underdeveloped economies to the provi- and for other purposes. historic, natural, recreational, and sce- sion of Federal economic development S. 286 nic qualities. Today, there are more assistance to Native communities in At the request of Mr. BARRASSO, the than 150 distinct roads nationwide that similarly situated remote areas in the name of the Senator from Maine (Mr. have been recognized as National Sce- United States, and for other purposes. KING) was added as a cosponsor of S. nic Byways—including several which 286, a bill to amend title XVIII of the have gained the honor of being named S. 130 Social Security Act to provide for the an ‘‘All-American Road.’’ At the request of Mr. SASSE, the coverage of marriage and family thera- I am proud that my home State of name of the Senator from Arizona (Ms. pist services and mental health coun- Maine boasts not only three National MCSALLY) was added as a cosponsor of selor services under part B of the Medi- Scenic Byways, but also the Acadia S. 130, a bill to amend title 18, United care program, and for other purposes. All-American Road. These roadways States Code, to prohibit a health care S. 293 provide Mainers and tourists alike with practitioner from failing to exercise At the request of Mr. CASSIDY, the spectacular views and memorable expe- the proper degree of care in the case of name of the Senator from North Da- riences, while at the same time spur- a child who survives an abortion or at- kota (Mr. CRAMER) was added as a co- ring much-needed economic activity in tempted abortion. sponsor of S. 293, a bill to enhance bor- the surrounding areas. The National S. 162 der security to reduce drug trafficking Scenic Byways program represents a At the request of Ms. SMITH, the and related money laundering. true win-win scenario by protecting precious corridors and providing tan- names of the Senator from Delaware S. 309 gible benefits for local communities. (Mr. COONS), the Senator from Arizona At the request of Mr. SANDERS, the Despite this program’s proven value, (Ms. SINEMA) and the Senator from name of the Senator from New York its nomination process has been inac- New York (Mr. SCHUMER) were added as (Mrs. GILLIBRAND) was added as a co- cosponsors of S. 162, a bill to provide tive since the passage of the 2012 sur- sponsor of S. 309, a bill to amend the face transportation funding bill (also back pay to low-wage contractor em- Internal Revenue Code of 1986 to rein- ployees, and for other purposes. known as MAP–21). As a result, numer- state estate and generation-skipping ous roadways across the country have S. 172 taxes, and for other purposes. been prevented from pursuing National At the request of Mr. GARDNER, the S. 311 Scenic Byway designation. name of the Senator from New Hamp- At the request of Mr. SASSE, the In fact, a recent survey found that at shire (Ms. HASSAN) was added as a co- name of the Senator from Arizona (Ms. least 44 State scenic byways across the sponsor of S. 172, a bill to delay the re- MCSALLY) was added as a cosponsor of country are prepared to seek national imposition of the annual fee on health S. 311, a bill to amend title 18, United designation as soon as the program is insurance providers until after 2021. States Code, to prohibit a health care reopened to nominations. It is critical S. 179 practitioner from failing to exercise that we provide these local byways the At the request of Mr. TESTER, the the proper degree of care in the case of opportunity to seek the Federal des- name of the Senator from Maine (Mr. a child who survives an abortion or at- ignation and reap its demonstrated KING) was added as a cosponsor of S. tempted abortion. benefits. 179, a bill to direct the Secretary of S. 319 Mr. President, I urge my colleagues Veterans Affairs to carry out a clinical At the request of Mrs. MURRAY, the to support this bill, which in turn sup- trial of the effects of cannabis on cer- name of the Senator from Colorado ports the preservation of America’s

VerDate Sep 11 2014 03:14 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.028 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S921 most unique roadways and the facilita- teeth, and the early loss of baby teeth proving. In 2004, nearly 23 percent of all tion of increased economic activity in can make it harder for permanent children had untreated tooth decay. In the regions that they serve. teeth to grow in properly. If tooth 2016, that number dropped down to 13 decay is left untreated, it not only can percent. By Mr. CARDIN (for himself and destroy a child’s teeth; it can have a I urge my colleagues to join Senator Mr. WICKER): debilitating impact on his or her WICKER and me in supporting the Den- S. 359. A bill to amend the Internal health and quality of life. tal Loan Repayment Assistance Act to Revenue Code of 1986 to exclude from Many have heard me speak before help address our critical nationwide gross income certain Federally-sub- about the tragic loss of Deamonte shortage of dental healthcare providers sidized loan repayments for dental Driver, a 12-year-old Prince George’s and especially dental faculty. We will school faculty; to the Committee on County resident, in 2007. Deamonte’s not continue to allow crippling grad- Finance. death was particularly heartbreaking uate student debt to deprive the Amer- Mr. CARDIN. Mr. President, I rise because it was entirely preventable. ican people of the teachers and men- today with my colleague Senator What started out as a toothache turned tors we need to train the next genera- WICKER to bring your attention to our into a severe brain infection that could tion of oral healthcare providers. proposed Dental Loan Repayment As- have been prevented by an $80 extrac- sistance Act. This legislation will pro- tion. After multiple surgeries and a By Mr. DURBIN (for himself, Ms. vide incentives for dental and dental lengthy hospital stay, sadly, Deamonte HARRIS, Ms. SMITH, Ms. KLO- hygiene graduates to remain as dental passed away—twelve years ago this BUCHAR, and Mr. BLUMENTHAL): school faculty by eliminating certain month. S. 366. A bill to shorten monopoly pe- loan assistance benefits from being Even in less tragic cases, tooth and riods for prescription drugs that are counted as taxable income. We rely on gum pain can impede a child’s healthy the subjects of sudden price hikes; to dental faculty to train the next genera- development, including the ability to the Committee on Health, Education, tion of oral health providers, but too learn, play, and eat nutritious foods. Labor, and Pensions. often, these educators find themselves Recent studies have shown that chil- Mr. DURBIN. Mr. President, I ask pushed to work in private practice in dren with poor oral health are nearly unanimous consent that the text of the order to pay off their student loans. three times more likely to miss school bill be printed in the RECORD. There being no objection, the text of The Dental Loan Repayment Assist- due to dental pain, and children report- the bill was ordered to be printed in ance Act will ease some of this finan- ing recent toothaches are four times the RECORD, as follows: cial burden and allow faculty to stay more likely to have a lower grade point where they are most needed. average than their peers without den- S. 366 There are currently over 5,000 dental tal pain. Be it enacted by the Senate and House of Rep- health professional shortage areas na- Tooth decay and oral health prob- resentatives of the United States of America in Congress assembled, tionwide—areas where it is hard to find lems also disproportionately affect SECTION 1. SHORT TITLE. a dental provider even with insurance children from low-income families and This Act may be cited as the ‘‘Forcing coverage. By 2025, the Department of minority communities. According to Limits on Abusive and Tumultuous Prices’’ Health and Human Services (HHS) the National Institutes of Health, ap- or the ‘‘FLAT Prices Act’’. projects that the United States will proximately 80 percent of childhood SEC. 2. REDUCED MARKET EXCLUSIVITY. have a national shortage of 15,000 den- dental disease is concentrated in 25 (a) PENALTY.—If the manufacturer of a pre- tists. We can only hope to solve this percent of the population. These chil- scription drug approved under section 505 of problem if we can recruit and retain dren and families often face inordi- the Federal Food, Drug, and Cosmetic Act enough faculty to train the next gen- nately high barriers to receiving essen- (21 U.S.C. 355) or licensed under section 351 of eration of dentists and dental hygien- the Public Health Service Act (42 U.S.C. 262) tial oral health care and, simply put, increases the price of such drug as described ists. Crippling educational debt should the consequences can be devastating. in subsection (b), any remaining period of not prevent our Nation from having In 2009, Congress reauthorized the market exclusivity with respect to such drug the oral health care providers it needs, Children’s Health Insurance Program shall be reduced as follows: and this bill will help address that. (CHIP) with an important addition: a (1) With respect to any price increase de- I would also like to take this oppor- guaranteed pediatric dental benefit. scribed in subsection (b), such market exclu- tunity to acknowledge that February Today, CHIP provides affordable com- sivity shall be reduced by 180 days. is National Children’s Dental Health prehensive health coverage—including (2) For every 5 percent price increase over Month. Since 1981, this month has af- dental coverage—to more than 8 mil- the 10 percent, 18 percent, or 25 percent, re- spectively, threshold price increases de- forded us the opportunity to acknowl- lion children. Thanks to CHIP, we now scribed in subsection (b), such market exclu- edge the importance of children’s den- have the highest number of children sivity shall be reduced for an additional 30- tal health. We recognize the significant with medical and dental coverage in days. strides we have made, but we also ac- history. In addition, in 2010, Congress (b) PRICE INCREASE.—A price increase de- knowledge the work that remains to be included pediatric dental services in scribed in this subsection is an increase in done. I invite my colleagues to join me the set of essential health benefits es- the wholesale acquisition cost (as defined in to use this month to renew our com- tablished under the Affordable Care section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B))) of a pre- mitment to ensuring that all children Act. scription drug of more than 10 percent over in our country have access to afford- I am very proud that my State of a 1-year period, more than 18 percent over a able and comprehensive dental serv- Maryland has been recognized as a na- 2-year period, or more than 25 percent over a ices. To echo Former U.S. Surgeon tional leader in pediatric dental health 3-year period. General C. Everett Koop, ‘‘there is no coverage. In a 2011 Pew Center report, (c) REPORT ON PRICE INCREASE.— health without oral health.’’ ‘‘The State of Children’s Dental (1) IN GENERAL.—A drug manufacturer that Despite being largely preventable, Health,’’ Maryland earned an ‘‘A’’ and increases the price of a prescription drug as tooth decay is the single most common was the only State to meet seven of described in subsection (b) shall report such increase to the Secretary of Health and chronic health condition among chil- eight policy benchmarks for addressing Human Services (referred to in this section dren and adolescents in the United children’s dental health needs. In addi- as the ‘‘Secretary’’) within 30 days of meet- States. It is four times more common tion, in the Maryland Health Benefit ing the criteria for a price increase under than early-childhood obesity, five Exchange, every qualified health plan such subsection. times more common than asthma, and now includes pediatric dental coverage, (2) FAILURE TO SUBMIT REPORT.—In the case 20 times more common than diabetes. so families do not have to pay a sepa- of a drug manufacturer that does not submit Among children in families living rate premium for dental coverage for a report required under paragraph (1) within below the federal poverty line, 52 per- their children and do not have a sepa- the 30-day period described in such para- graph, in addition to the penalty under sub- cent have cavities. Children with cav- rate deductible or out-of-pocket limit section (a), the period of market exclusivity ities in their primary or ‘‘baby’’ teeth for pediatric dental services. I am with respect to such drug shall be reduced by are three times more likely to develop pleased to say that our actions have 30 days for each day after the due date of the cavities in their permanent, adult been working, and our numbers are im- report until the report is submitted.

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(d) WAIVER.—The Secretary may waive, or lative Reorganization Act of 1946 (2 U.S.C. S. RES. 48 decrease, the reduction in the period of mar- 4301(i))); and Resolved, That, in carrying out its powers, ket exclusivity that would otherwise apply (2) not to exceed $875 may be expended for duties, and functions under the Standing under subsection (a) with respect to a pre- the training of the professional staff of the Rules of the Senate, in accordance with its scription drug if— committee (under procedures specified by jurisdiction under Rule XXV of the Standing (1) the manufacturer of such drug sub- section 202(j) of that Act). Rules of the Senate, including holding hear- mits— (b) EXPENSES FOR FISCAL YEAR 2020 PE- ings, reporting such hearings, and making (A) a report under subsection (c)(1); and RIOD.—The expenses of the committee for the investigations as authorized by paragraphs 1 (B) an application for such a waiver, at period October 1, 2019 through September 30, and 8 of rule XXVI of the Standing Rules of such time, in such manner, and containing 2020 under this resolution shall not exceed the Senate, the Committee on Commerce, such information as the Secretary may re- $5,561,004, of which amount— Science, and Transportation is authorized quire; and (1) not to exceed $20,000 may be expended from March 1, 2019, through February 28, (2) based upon the information in such ap- for the procurement of the services of indi- 2021, in its discretion— plication, the Secretary determines that— vidual consultants, or organizations thereof (1) to make expenditures from the contin- (A) the price increase is necessary to en- (as authorized by section 202(i) of the Legis- gent fund of the Senate; able production of the drug, does not unduly lative Reorganization Act of 1946 (2 U.S.C. (2) to employ personnel; and restrict patient access to the drug , and does 4301(i))); and (3) with the prior consent of the Govern- not negatively impact public health; and (2) not to exceed $1,500 may be expended for ment department or agency concerned and (B) such waiver or decrease constitutes a the training of the professional staff of the the Committee on Rules and Administration, deviation from the reduction in market ex- committee (under procedures specified by to use on a reimbursable or nonreimbursable clusivity that would otherwise apply under section 202(j) of that Act). basis the services of personnel of any such (c) EXPENSES FOR PERIOD ENDING FEBRUARY subsection (a) only to the extent necessary department or agency. 28, 2021.—The expenses of the committee for to achieve drug production objectives. SEC. 2. (a) The expenses of the committee the period October 1, 2020 through February (e) PERIOD OF MARKET EXCLUSIVITY.—For for the period from March 1, 2019, through 28, 2021 under this resolution shall not exceed purposes of this section, the term ‘‘period of September 30, 2019, under this resolution $2,317,085, of which amount— market exclusivity’’ means any period of shall not exceed $4,155,132, of which (1) not to exceed $8,334 may be expended for market exclusivity granted with respect to a amount— the procurement of the services of individual prescription drug under clause (ii), (iii), or (1) not to exceed $50,000 may be expended consultants, or organizations thereof (as au- (iv) of section 505(c)(3)(E) of the Federal for the procurement of the services of indi- thorized by section 202(i) of the Legislative Food, Drug, and Cosmetic Act (21 U.S.C. vidual consultants, or organizations thereof Reorganization Act of 1946 (2 U.S.C. 4301(i))); 355(c)(3)(E)), section 505(j)(5)(B)(iv) of such (as authorized by section 202(i) of the Legis- and Act, clause (ii), (iii), or (iv) of section lative Reorganization Act of 1946 (2 U.S.C. (2) not to exceed $625 may be expended for 505(j)(5)(F) of such Act, or paragraphs (6) or 4301(i))); and the training of the professional staff of the (7) of section 351(k) of the Public Health (2) not to exceed $50,000 may be expended committee (under procedures specified by Service Act (42 U.S.C. 262(k)). for the training of the professional staff of section 202(j) of that Act). the committee (under procedures specified f SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. by section 202(j) of the Legislative Reorga- SUBMITTED RESOLUTIONS (a) EXPENSES OF THE COMMITTEE.— nization Act of 1946 (2 U.S.C. 4301(j))). (1) IN GENERAL.—Except as provided in (b) For the period October 1, 2019, through paragraph (2), expenses of the committee September 30, 2020, expenses of the com- SENATE RESOLUTION 47—AUTHOR- under this resolution shall be paid from the mittee under this resolution shall not exceed contingent fund of the Senate upon vouchers IZING EXPENDITURES BY THE $7,104,057, of which amount— approved by the chairman of the committee. (1) not to exceed $50,000 may be expended COMMITTEE ON BANKING, HOUS- (2) VOUCHERS NOT REQUIRED.—Vouchers for the procurement of the services of indi- ING, AND URBAN AFFAIRS shall not be required for— vidual consultants, or organizations thereof Mr. CRAPO submitted the following (A) the disbursement of salaries of employ- (as authorized by section 202(i) of the Legis- resolution; from the Committee on ees paid at an annual rate; lative Reorganization Act of 1946 (2 U.S.C. (B) the payment of telecommunications Banking, Housing, and Urban Affairs; 4301(i))); and provided by the Office of the Sergeant at (2) not to exceed $50,000 may be expended which was referred to the Committee Arms and Doorkeeper; for the training of the professional staff of on Rules and Administration: (C) the payment of stationery supplies pur- such committee (under procedures specified S. RES. 47 chased through the Keeper of the Stationery; by section 202(j) of the Legislative Reorga- Resolved, (D) payments to the Postmaster of the nization Act of 1946 (2 U.S.C. 4301(j))). Senate; (c) For the period October 1, 2020, through SECTION 1. GENERAL AUTHORITY. (E) the payment of metered charges on February 28, 2021, expenses of the committee In carrying out its powers, duties, and copying equipment provided by the Office of under this resolution shall not exceed functions under the Standing Rules of the the Sergeant at Arms and Doorkeeper; $2,960,024, of which amount— Senate, in accordance with its jurisdiction (F) the payment of Senate Recording and (1) not to exceed $50,000 may be expended under rule XXV of the Standing Rules of the Photographic Services; or for the procurement of the services of indi- Senate, including holding hearings, report- (G) the payment of franked and mass mail vidual consultants, or organizations thereof ing such hearings, and making investiga- costs by the Sergeant at Arms and Door- (as authorized by section 202(i) of the Legis- tions as authorized by paragraphs 1 and 8 of keeper. lative Reorganization Act of 1946 (2 U.S.C. rule XXVI of the Standing Rules of the Sen- (b) AGENCY CONTRIBUTIONS.—There are au- 4301(i))); and ate, the Committee on Banking, Housing, thorized to be paid from the appropriations (2) not to exceed $50,000 may be expended and Urban Affairs (in this resolution referred account for ‘‘Expenses of Inquiries and Inves- for the training of the professional staff of to as the ‘‘committee’’) is authorized from tigations’’ of the Senate such sums as may the committee (under procedures specified March 1, 2019 through February 28, 2021, in be necessary for agency contributions re- by section 202(j) of the Legislative Reorga- its discretion, to— lated to the compensation of employees of nization Act of 1946 (2 U.S.C. 4301(j))). (1) make expenditures from the contingent the committee— SEC. 3. Expenses of the committee under fund of the Senate; (1) for the period March 1, 2019 through this resolution shall be paid from the contin- (2) employ personnel; and September 30, 2019; gent fund of the Senate upon vouchers ap- (3) with the prior consent of the Govern- (2) for the period October 1, 2019 through proved by the chairman of the committee, ment department or agency concerned and September 30, 2020; and except that vouchers shall not be required the Committee on Rules and Administration, (3) for the period October 1, 2020 through for— use on a reimbursable or nonreimbursable February 28, 2021. (1) the disbursement of salaries of employ- basis the services of personnel of any such f ees paid at an annual rate; department or agency. (2) the payment of telecommunications SEC. 2. EXPENSES. SENATE RESOLUTION 48—AUTHOR- provided by the Office of the Sergeant at (a) EXPENSES FOR PERIOD ENDING SEP- IZING EXPENDITURES BY THE Arms and Doorkeeper; TEMBER 30, 2019.—The expenses of the com- COMMITTEE ON COMMERCE, (3) the payment of stationery supplies pur- mittee for the period March 1, 2019 through SCIENCE, AND TRANSPORTATION chased through the Keeper of the Stationery; September 30, 2019 under this resolution (4) payments to the Postmaster of the Sen- shall not exceed $3,243,919, of which ate; amount— Mr. WICKER submitted the following (5) the payment of metered charges on (1) not to exceed $11,666 may be expended resolution; from the Committee on copying equipment provided by the Office of for the procurement of the services of indi- Commerce, Science, and Transpor- the Sergeant at Arms and Doorkeeper; vidual consultants, or organizations thereof tation; which was referred to the Com- (6) the payment of Senate Recording and (as authorized by section 202(i) of the Legis- mittee on Rules and Administration: Photographic Services; or

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There are authorized to be paid 28, 2021.—The expenses of the committee for ment relations or in groups or organizations from the appropriations account for ‘‘Ex- the period October 1, 2020, through February of employees or employers, to the detriment penses of Inquiries and Investigations’’ of 28, 2021, under this resolution shall not ex- of interests of the public, employers, or em- the Senate such sums as may be necessary ceed $3,994,038, of which amount— ployees, and to determine whether any for agency contributions related to the com- (1) not to exceed $75,000 may be expended changes are required in the laws of the pensation of employees of the committee for the procurement of the services of indi- United States in order to protect such inter- for— vidual consultants, or organizations thereof ests against the occurrence of such practices (1) the period from March 1, 2019, through (as authorized by section 202(i) of the Legis- or activities; September 30, 2019; lative Reorganization Act of 1946 (2 U.S.C. (3) organized criminal activity which may (2) the period from October 1, 2019, through 4301(i))); and operate in or otherwise utilize the facilities September 30, 2020; and (2) not to exceed $20,000 may be expended of interstate or international commerce in (3) the period from October 1, 2020, through for the training of the professional staff of furtherance of any transactions and the February 28, 2021. the committee (under procedures specified manner and extent to which, and the iden- by section 202(j) of that Act). f tity of the persons, firms, or corporations, or SEC. 3. REPORTING LEGISLATION. other entities by whom such utilization is SENATE RESOLUTION 49—AUTHOR- The committee shall report its findings, IZING EXPENDITURES BY THE being made, and further, to study and inves- together with such recommendations for leg- tigate the manner in which and the extent to COMMITTEE ON HOMELAND SE- islation as it deems advisable, to the Senate which persons engaged in organized criminal CURITY AND GOVERNMENTAL at the earliest practicable date, but not later activity have infiltrated lawful business en- AFFAIRS than February 28, 2021. terprise, and to study the adequacy of Fed- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. eral laws to prevent the operations of orga- Mr. JOHNSON submitted the fol- (a) EXPENSES OF THE COMMITTEE.— lowing resolution; from the Committee nized crime in interstate or international (1) IN GENERAL.—Except as provided in commerce, and to determine whether any on Homeland Security and Govern- paragraph (2), expenses of the committee changes are required in the laws of the mental Affairs; which was referred to under this resolution shall be paid from the United States in order to protect the public the Committee on Rules and Adminis- contingent fund of the Senate upon vouchers against such practices or activities; tration: approved by the chairman of the committee. (4) all other aspects of crime and lawless- (2) VOUCHERS NOT REQUIRED.—Vouchers S. RES. 49 ness within the United States which have an shall not be required for— Resolved, impact upon or affect the national health, (A) the disbursement of salaries of employ- welfare, and safety, including but not lim- SECTION 1. GENERAL AUTHORITY. ees paid at an annual rate; ited to investment fraud schemes, com- In carrying out its powers, duties, and (B) the payment of telecommunications modity and security fraud, computer fraud, functions under the Standing Rules of the provided by the Office of the Sergeant at and the use of offshore banking and cor- Senate, in accordance with its jurisdiction Arms and Doorkeeper; porate facilities to carry out criminal objec- under rule XXV of the Standing Rules of the (C) the payment of stationery supplies pur- tives; Senate and S. Res. 445, agreed to October 9, chased through the Keeper of the Stationery; (5) the efficiency and economy of oper- 2004 (108th Congress), including holding hear- (D) payments to the Postmaster of the ations of all branches and functions of the ings, reporting such hearings, and making Senate; Government with particular reference to— investigations as authorized by paragraphs 1 (E) the payment of metered charges on (A) the effectiveness of present national se- and 8 of rule XXVI of the Standing Rules of copying equipment provided by the Office of curity methods, staffing, and processes as the Senate, the Committee on Homeland Se- the Sergeant at Arms and Doorkeeper; tested against the requirements imposed by curity and Governmental Affairs (in this res- (F) the payment of Senate Recording and the rapidly mounting complexity of national olution referred to as the ‘‘committee’’) is Photographic Services; or security problems; authorized from March 1, 2019, through Feb- (G) the payment of franked and mass mail ruary 28, 2021, in its discretion, to— costs by the Sergeant at Arms and Door- (B) the capacity of present national secu- (1) make expenditures from the contingent keeper. rity staffing, methods, and processes to fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- make full use of the Nation’s resources of (2) employ personnel; and thorized to be paid from the appropriations knowledge and talents; (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- (C) the adequacy of present intergovern- ment department or agency concerned and tigations’’ of the Senate such sums as may mental relations between the United States the Committee on Rules and Administration, be necessary for agency contributions re- and international organizations principally use on a reimbursable or nonreimbursable lated to the compensation of employees of concerned with national security of which basis the services of personnel of any such the committee— the United States is a member; and department or agency. (1) for the period March 1, 2019, through (D) legislative and other proposals to im- SEC. 2. EXPENSES. September 30, 2019; prove these methods, processes, and relation- ships; (a) EXPENSES FOR PERIOD ENDING SEP- (2) for the period October 1, 2019, through TEMBER 30, 2019.—The expenses of the com- September 30, 2020; and (6) the efficiency, economy, and effective- mittee for the period March 1, 2019, through (3) for the period October 1, 2020, through ness of all agencies and departments of the September 30, 2019, under this resolution February 28, 2021. Government involved in the control and shall not exceed $5,591,653, of which SEC. 5. INVESTIGATIONS. management of energy shortages including, amount— (a) IN GENERAL.—The committee, or any but not limited to, their performance with (1) not to exceed $75,000 may be expended duly authorized subcommittee of the com- respect to— for the procurement of the services of indi- mittee, is authorized to study or inves- (A) the collection and dissemination of ac- vidual consultants, or organizations thereof tigate— curate statistics on fuel demand and supply; (as authorized by section 202(i) of the Legis- (1) the efficiency and economy of oper- (B) the implementation of effective energy lative Reorganization Act of 1946 (2 U.S.C. ations of all branches of the Government in- conservation measures; 4301(i))); and cluding the possible existence of fraud, mis- (C) the pricing of energy in all forms; (2) not to exceed $20,000 may be expended feasance, malfeasance, collusion, mis- (D) coordination of energy programs with for the training of the professional staff of management, incompetence, corruption, or State and local government; the committee (under procedures specified unethical practices, waste, extravagance, (E) control of exports of scarce fuels; by section 202(j) of that Act). conflicts of interest, and the improper ex- (F) the management of tax, import, pric- (b) EXPENSES FOR FISCAL YEAR 2020 PE- penditure of Government funds in trans- ing, and other policies affecting energy sup- RIOD.—The expenses of the committee for the actions, contracts, and activities of the Gov- plies; period October 1, 2019, through September 30, ernment or of Government officials and em- (G) maintenance of the independent sector 2020, under this resolution shall not exceed ployees and any and all such improper prac- of the petroleum industry as a strong com- $9,585,691, of which amount— tices between Government personnel and petitive force; (1) not to exceed $75,000 may be expended corporations, individuals, companies, or per- (H) the allocation of fuels in short supply for the procurement of the services of indi- sons affiliated therewith, doing business by public and private entities; vidual consultants, or organizations thereof with the Government, and the compliance or (I) the management of energy supplies (as authorized by section 202(i) of the Legis- noncompliance of such corporations, compa- owned or controlled by the Government; lative Reorganization Act of 1946 (2 U.S.C. nies, or individuals or other entities with the (J) relations with other oil producing and 4301(i))); and rules, regulations, and laws governing the consuming countries; (2) not to exceed $20,000 may be expended various governmental agencies and its rela- (K) the monitoring of compliance by gov- for the training of the professional staff of tionships with the public; ernments, corporations, or individuals with

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the laws and regulations governing the allo- (ii) a position as a member of— (c) EXPENSES FOR PERIOD ENDING FEBRUARY cation, conservation, or pricing of energy (I) the Equal Employment Opportunity 28, 2021.—The expenses of the committee for supplies; and Commission; the period October 1, 2020, through February (L) research into the discovery and devel- (II) the Securities and Exchange Commis- 28, 2021, under this resolution shall not ex- opment of alternative energy supplies; and sion; ceed $2,648,177, of which amount not to ex- (7) the efficiency and economy of all (III) the Federal Election Commission; ceed $7,143 may be expended for the procure- branches and functions of Government with (IV) the Federal Energy Regulatory Com- ment of the services of individual consult- particular references to the operations and mission; ants, or organizations thereof (as authorized management of Federal regulatory policies (V) the Federal Trade Commission; by section 202(i) of the Legislative Reorga- and programs. (VI) the National Labor Relations Board; nization Act of 1946 (2 U.S.C. 4301(i))). (b) EXTENT OF INQUIRIES.—In carrying out (VII) the Commodity Futures Trading SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. the duties provided in subsection (a), the in- Commission; (a) EXPENSES OF THE COMMITTEE.— quiries of this committee or any sub- (VIII) the Consumer Product Safety Com- (1) IN GENERAL.—Except as provided in committee of the committee shall not be mission; paragraph (2), expenses of the committee construed to be limited to the records, func- (IX) the Federal Communications Commis- under this resolution shall be paid from the tions, and operations of any particular sion; contingent fund of the Senate upon vouchers branch of the Government and may extend (X) the Surface Transportation Board; approved by the chairman of the committee. to the records and activities of any persons, (XI) the Nuclear Regulatory Commission; (2) VOUCHERS NOT REQUIRED.—Vouchers corporation, or other entity. (XII) the Federal Deposit Insurance Cor- shall not be required for— (c) SPECIAL COMMITTEE AUTHORITY.—For poration; or (A) the disbursement of salaries of employ- the purposes of this section, the committee, (XIII) the Board of Governors of the Fed- ees paid at an annual rate; or any duly authorized subcommittee of the eral Reserve System. (B) the payment of telecommunications committee, or its chairman, or any other (b) DIVISION OF TIME ON OTHER NOMINA- provided by the Office of the Sergeant at member of the committee or subcommittee TIONS.—If cloture is invoked on a nomination Arms and Doorkeeper; designated by the chairman is authorized, in that is not described in subsection (a)(2), the (C) the payment of stationery supplies pur- its, his, her, or their discretion— period of post-cloture consideration shall be chased through the Keeper of the Stationery; (1) to require by subpoena or otherwise the equally divided between the Majority Leader (D) payments to the Postmaster of the attendance of witnesses and production of and the Minority Leader, or their designees. Senate; correspondence, books, papers, and docu- f (E) the payment of metered charges on ments; copying equipment provided by the Office of (2) to hold hearings; SENATE RESOLUTION 51—AUTHOR- the Sergeant at Arms and Doorkeeper; (3) to sit and act at any time or place dur- IZING EXPENDITURES BY THE (F) the payment of Senate Recording and ing the sessions, recess, and adjournment pe- SELECT COMMITTEE ON INTEL- Photographic Services; or riods of the Senate; LIGENCE (G) the payment of franked and mass mail (4) to administer oaths; and Mr. BURR submitted the following costs by the Sergeant at Arms and Door- (5) to take testimony, either orally or by keeper. sworn statement, or, in the case of staff resolution; from the Select Committee (b) AGENCY CONTRIBUTIONS.—There are au- members of the Committee and the Perma- on Intelligence; which was referred to thorized to be paid from the appropriations nent Subcommittee on Investigations, by the Committee on Rules and Adminis- account for ‘‘Expenses of Inquiries and Inves- deposition in accordance with the Com- tration: tigations’’ of the Senate such sums as may mittee Rules of Procedure. be necessary for agency contributions re- UTHORITY OF OTHER COMMITTEES.— S. RES. 51 (d) A lated to the compensation of employees of Nothing contained in this section shall affect Resolved, the committee— or impair the exercise of any other standing SECTION 1. GENERAL AUTHORITY. (1) for the period March 1, 2019, through committee of the Senate of any power, or the In carrying out its powers, duties, and September 30, 2019; discharge by such committee of any duty, functions under S. Res. 400, agreed to May 19, (2) for the period October 1, 2019, through conferred or imposed upon it by the Standing 1976 (94th Congress), as amended by S. Res. September 30, 2020; and Rules of the Senate or by the Legislative Re- 445, agreed to October 9, 2004 (108th Con- (3) for the period October 1, 2020, through organization Act of 1946. gress), in accordance with its jurisdiction February 28, 2021. (e) SUBPOENA AUTHORITY.—All subpoenas under sections 3(a) and 17 of such S. Res. 400, f and related legal processes of the committee including holding hearings, reporting such and any duly authorized subcommittee of hearings, and making investigations as au- SENATE RESOLUTION 52—AUTHOR- the committee authorized under S. Res. 62, thorized by section 5 of such S. Res. 400, the IZING EXPENDITURES BY THE agreed to February 28, 2017 (115th Congress), Select Committee on Intelligence (in this COMMITTEE ON INDIAN AFFAIRS are authorized to continue. resolution referred to as the ‘‘committee’’) is f authorized from March 1, 2019, through Feb- Mr. HOEVEN submitted the fol- ruary 28, 2021, in its discretion, to— lowing resolution; from the Committee SENATE RESOLUTION 50—IMPROV- (1) make expenditures from the contingent on Indian Affairs; which was referred ING PROCEDURES FOR THE CON- fund of the Senate; to the Committee on Rules and Admin- SIDERATION OF NOMINATIONS IN (2) employ personnel; and istration: THE SENATE (3) with the prior consent of the Govern- S. RES. 52 Mr. LANKFORD (for himself and Mr. ment department or agency concerned and the Committee on Rules and Administration, Resolved, BLUNT) submitted the following resolu- use on a reimbursable or nonreimbursable SECTION 1. GENERAL AUTHORITY. tion; which was referred to the Com- basis the services of personnel of any such In carrying out its powers, duties, and mittee on Rules and Administration: department or agency. functions imposed by section 105 of S. Res. S. RES. 50 SEC. 2. EXPENSES. 104, agreed to February 4, 1977 (95th Con- Resolved, (a) EXPENSES FOR PERIOD ENDING SEP- gress), and in exercising the authority con- SECTION 1. CONSIDERATION OF NOMINATIONS. TEMBER 30, 2019.—The expenses of the com- ferred on it by that section, the Committee (a) LIMIT ON CONSIDERATION FOR CERTAIN mittee for the period March 1, 2019, through on Indian Affairs (in this resolution referred NOMINATIONS.— September 30, 2019, under this resolution to as the ‘‘committee’’) is authorized from (1) IN GENERAL.—If cloture is invoked on a shall not exceed $3,707,448, of which amount March 1, 2019 through February 28, 2021, in nomination described in paragraph (2), there not to exceed $10,000 may be expended for the its discretion, to— shall be no more than 2 hours of post-cloture procurement of the services of individual (1) make expenditures from the contingent consideration equally divided between the consultants, or organizations thereof (as au- fund of the Senate; Majority Leader and the Minority Leader, or thorized by section 202(i) of the Legislative (2) employ personnel; and their designees. Reorganization Act of 1946 (2 U.S.C. 4301(i))). (3) with the prior consent of the Govern- (2) NOMINATIONS COVERED.—A nomination (b) EXPENSES FOR FISCAL YEAR 2020 PE- ment department or agency concerned and described in this paragraph is a nomination RIOD.—The expenses of the committee for the the Committee on Rules and Administration, of an individual to a position— period October 1, 2019, through September 30, use on a reimbursable or nonreimbursable (A) as a judge of a district court of the 2020, under this section shall not exceed basis the services of personnel of any such United States or of the United States Court $6,355,625, of which amount not to exceed department or agency. of Federal Claims; or $17,144 may be expended for the procurement SEC. 2. EXPENSES. (B) in the executive branch that is not— of the services of individual consultants, or (a) EXPENSES FOR PERIOD ENDING SEP- (i) a position at level I of the Executive organizations thereof (as authorized by sec- TEMBER 30, 2019.—The expenses of the com- Schedule under section 5312 of title 5, United tion 202(i) of the Legislative Reorganization mittee for the period March 1, 2019 through States Code; or Act of 1946 (2 U.S.C. 4301(i))). September 30, 2019 under this resolution

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.049 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S925 shall not exceed $1,231,690, of which SENATE RESOLUTION 53—RECOG- (2) commends the attorneys, staff mem- amount— NIZING THE STAFF OF THE OF- bers, and interns who have served or are cur- (1) not to exceed $20,000 may be expended FICE OF LEGISLATIVE COUNSEL rently serving in the Office of the Legisla- for the procurement of the services of indi- OF THE SENATE ON THE OCCA- tive Counsel of the Senate for their faithful vidual consultants, or organizations thereof and exemplary public service and profes- SION OF THE 100TH ANNIVER- sional assistance to the Senate and the (as authorized by section 202(i) of the Legis- SARY OF THE OFFICE lative Reorganization Act of 1946 (2 U.S.C. United States. 4301(i))); and Mr. GRASSLEY submitted the fol- f (2) not to exceed $20,000 may be expended lowing resolution; which was consid- ered and agreed to: AMENDMENTS SUBMITTED AND for the training of the professional staff of PROPOSED the committee (under procedures specified S. RES. 53 by section 202(j) of that Act). Whereas the Office of the Legislative Coun- SA 110. Mrs. HYDE–SMITH submitted an amendment intended to be proposed by her (b) EXPENSES FOR FISCAL YEAR 2020 PE- sel of the Senate (referred to in this pre- amble as the ‘‘Office’’) was established 100 to the bill S. 47, to provide for the manage- RIOD.—The expenses of the committee for the years ago on February 24, 1919, with the en- ment of the natural resources of the United period October 1, 2019 through September 30, actment of the Act entitled ‘‘An Act to pro- States, and for other purposes; which was or- 2020 under this resolution shall not exceed vide revenue, and for other purposes’’, ap- dered to lie on the table. $2,111,468, of which amount— proved February 24, 1919 (commonly known SA 111. Ms. MURKOWSKI (for herself and (1) not to exceed $20,000 may be expended as the ‘‘Revenue Act of 1918’’) (Public Law Mr. MANCHIN) submitted an amendment in- for the procurement of the services of indi- 254; 65th Congress; 40 Stat. 1057); tended to be proposed by her to the bill S. 47, vidual consultants, or organizations thereof Whereas the enacting legislation estab- supra; which was ordered to lie on the table. (as authorized by section 202(i) of the Legis- lished that the purpose of the Office is to SA 112. Ms. MURKOWSKI submitted an lative Reorganization Act of 1946 (2 U.S.C. ‘‘aid in drafting public bills and resolutions amendment intended to be proposed to amendment SA 111 submitted by Ms. MUR- 4301(i))); and or amendments thereto’’ at the request of KOWSKI (for herself and Mr. MANCHIN) and in- (2) not to exceed $20,000 may be expended any Senator, committee, or office of the Sen- tended to be proposed to the bill S. 47, supra; for the training of the professional staff of ate and that the staff of the Office is ap- pointed ‘‘without reference to political affili- which was ordered to lie on the table. the committee (under procedures specified SA 113. Mr. BENNET submitted an amend- by section 202(j) of that Act). ations and solely on the ground of fitness to perform the duties of the office’’; ment intended to be proposed by him to the (c) EXPENSES FOR PERIOD ENDING FEBRUARY Whereas during the past 100 years, 136 at- bill S. 47, supra; which was ordered to lie on 28, 2021.—The expenses of the committee for torneys, 91 staff members, and 47 interns (re- the table. the period October 1, 2020 through February ferred to in this preamble as the ‘‘staff of the SA 114. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her 28, 2021 under this resolution shall not exceed Office’’) have served in the Office and have ably and faithfully upheld the high standards to the bill S. 47, supra; which was ordered to $879,778, of which amount— lie on the table. (1) not to exceed $20,000 may be expended and traditions of the Office by dem- onstrating great dedication, professionalism, SA 115. Ms. CORTEZ MASTO submitted an for the procurement of the services of indi- amendment intended to be proposed by her vidual consultants, or organizations thereof and integrity in discharging their duties and responsibilities; to the bill S. 47, supra; which was ordered to (as authorized by section 202(i) of the Legis- Whereas the volume of work of the Office lie on the table. lative Reorganization Act of 1946 (2 U.S.C. SA 116. Ms. CORTEZ MASTO submitted an has grown dramatically over time, with the 4301(i))); and amendment intended to be proposed by her number of requests for legislation received to the bill S. 47, supra; which was ordered to (2) not to exceed $20,000 may be expended by the Office during a Congress growing from lie on the table. for the training of the professional staff of fewer than 1,000 requests in the earliest SA 117. Mrs. SHAHEEN submitted an the committee (under procedures specified years of the Office to significantly more than amendment intended to be proposed by her by section 202(j) of that Act). 50,000 requests in each Congress convening to the bill S. 47, supra; which was ordered to since 2005, including more than 72,000 re- SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS. lie on the table. quests in the 115th Congress; SA 118. Mrs. SHAHEEN (for herself and Ms. (a) EXPENSES OF THE COMMITTEE.— Whereas, in addition to the increase in the COLLINS) submitted an amendment intended (1) IN GENERAL.—Except as provided in number of drafts produced by the Office each paragraph (2), expenses of the committee to be proposed by her to the bill S. 47, supra; year, the drafting of new legislation has be- which was ordered to lie on the table. under this resolution shall be paid from the come increasingly more difficult and time- SA 119. Mr. BARRASSO submitted an contingent fund of the Senate upon vouchers consuming because of the addition of a num- amendment intended to be proposed by him approved by the chairman of the committee. ber of new subjects of Federal legislation and to the bill S. 47, supra; which was ordered to (2) VOUCHERS NOT REQUIRED.—Vouchers the increasing technical complexity of Fed- lie on the table. shall not be required for— eral statutory law; SA 120. Mr. BARRASSO submitted an (A) the disbursement of salaries of employ- Whereas legislative drafting requires a amendment intended to be proposed by him ees paid at an annual rate; careful analysis of the legal issues involved, to the bill S. 47, supra; which was ordered to (B) the payment of telecommunications the recognition of constitutional limita- lie on the table. provided by the Office of the Sergeant at tions, and an understanding of earlier enact- SA 121. Mr. BARRASSO submitted an Arms and Doorkeeper; ments of related laws in order to produce, to amendment intended to be proposed by him (C) the payment of stationery supplies pur- the maximum extent practicable, a con- to the bill S. 47, supra; which was ordered to chased through the Keeper of the Stationery; sistent body of law that will effectuate con- lie on the table. (D) payments to the Postmaster of the gressional intent without producing unin- SA 122. Mr. DAINES (for himself and Mr. Senate; tended consequences; TESTER) submitted an amendment intended (E) the payment of metered charges on Whereas, throughout the history of the Of- to be proposed to amendment SA 111 sub- copying equipment provided by the Office of fice, the Office has enjoyed outstanding sup- mitted by Ms. MURKOWSKI (for herself and port from the Vice Presidents and the Presi- the Sergeant at Arms and Doorkeeper; Mr. MANCHIN) and intended to be proposed to dents pro tempore and their staffs who were (F) the payment of Senate Recording and the bill S. 47, supra; which was ordered to lie responsible for the oversight of the Office; Photographic Services; or on the table. and SA 123. Mr. RUBIO submitted an amend- (G) the payment of franked and mass mail Whereas the staff of the Office currently ment intended to be proposed to amendment costs by the Sergeant at Arms and Door- serving in the Office continues to carry out SA 111 submitted by Ms. MURKOWSKI (for her- keeper. the mission of the Office by providing the self and Mr. MANCHIN) and intended to be (b) AGENCY CONTRIBUTIONS.—There are au- Senate and the committees and officers of proposed to the bill S. 47, supra; which was thorized to be paid from the appropriations the Senate quality drafting services and ordered to lie on the table. account for ‘‘Expenses of Inquiries and Inves- sound legal advice throughout the legislative SA 124. Mr. LANKFORD (for himself, Mr. tigations’’ of the Senate such sums as may process with the spirit of quiet profes- LEE, Mr. INHOFE, Mr. CRUZ, Mr. RUBIO, Mrs. sionalism that has been the tradition of the FISCHER, and Mr. BRAUN) submitted an be necessary for agency contributions re- Office since the inception of the Office: Now, amendment intended to be proposed to lated to the compensation of employees of therefore, be it amendment SA 111 submitted by Ms. MUR- the committee— Resolved, That the Senate expresses sincere KOWSKI (for herself and Mr. MANCHIN) and in- (1) for the period March 1, 2019 through appreciation and gratitude to— tended to be proposed to the bill S. 47, supra; September 30, 2019; (1) the Office of the Legislative Counsel of which was ordered to lie on the table. (2) for the period October 1, 2019 through the Senate for 100 years of professionalism SA 125. Mr. LANKFORD (for himself, Mr. September 30, 2020; and and dedication in providing assistance with LEE, Mr. INHOFE, Mr. RUBIO, and Mr. BRAUN) (3) for the period October 1, 2020 through the drafting of legislation considered by the submitted an amendment intended to be pro- February 28, 2021. Senate; and posed to amendment SA 111 submitted by

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Ms. MURKOWSKI (for herself and Mr. mitted an amendment intended to be pro- SA 154. Mr. LEE (for himself, Mr. MANCHIN) and intended to be proposed to the posed by him to the bill S. 47, supra; which LANKFORD, Mr. TOOMEY, and Mr. ROMNEY) bill S. 47, supra; which was ordered to lie on was ordered to lie on the table. submitted an amendment intended to be pro- the table. SA 140. Mr. PAUL submitted an amend- posed to amendment SA 111 submitted by SA 126. Mr. LANKFORD (for himself, Mr. ment intended to be proposed by him to the Ms. MURKOWSKI (for herself and Mr. LEE, Mr. INHOFE, Mr. RUBIO, and Mr. BRAUN) bill S. 47, supra; which was ordered to lie on MANCHIN) and intended to be proposed to the submitted an amendment intended to be pro- the table. bill S. 47, supra; which was ordered to lie on posed to amendment SA 111 submitted by SA 141. Mr. PAUL submitted an amend- the table. Ms. MURKOWSKI (for herself and Mr. ment intended to be proposed by him to the SA 155. Mr. LEE submitted an amendment MANCHIN) and intended to be proposed to the bill S. 47, supra; which was ordered to lie on intended to be proposed to amendment SA bill S. 47, supra; which was ordered to lie on the table. 111 submitted by Ms. MURKOWSKI (for herself the table. SA 142. Mr. UDALL (for himself and Mr. and Mr. MANCHIN) and intended to be pro- SA 127. Mr. LANKFORD (for himself, Mr. HEINRICH) submitted an amendment intended posed to the bill S. 47, supra; which was or- INHOFE, and Mr. BRAUN) submitted an to be proposed to amendment SA 111 sub- dered to lie on the table. amendment intended to be proposed to mitted by Ms. MURKOWSKI (for herself and SA 156. Mr. LEE (for himself and Mr. amendment SA 111 submitted by Ms. MUR- Mr. MANCHIN) and intended to be proposed to LANKFORD) submitted an amendment in- KOWSKI (for herself and Mr. MANCHIN) and in- the bill S. 47, supra; which was ordered to lie tended to be proposed to amendment SA 111 tended to be proposed to the bill S. 47, supra; on the table. submitted by Ms. MURKOWSKI (for herself and which was ordered to lie on the table. SA 143. Mr. TILLIS (for himself and Mr. Mr. MANCHIN) and intended to be proposed to SA 128. Mr. ISAKSON (for himself, Mr. BURR) submitted an amendment intended to the bill S. 47, supra; which was ordered to lie KAINE, and Mr. BLUNT) submitted an amend- be proposed to amendment SA 111 submitted on the table. ment intended to be proposed to amendment by Ms. MURKOWSKI (for herself and Mr. SA 157. Mr. SCHATZ (for himself and Mr. SA 111 submitted by Ms. MURKOWSKI (for her- MANCHIN) and intended to be proposed to the CASSIDY) submitted an amendment intended self and Mr. MANCHIN) and intended to be bill S. 47, supra; which was ordered to lie on to be proposed by him to the bill S. 47, supra; proposed to the bill S. 47, supra; which was the table. which was ordered to lie on the table. SA 144. Mr. BLUNT submitted an amend- ordered to lie on the table. f SA 129. Mr. BURR (for himself and Mr. ment intended to be proposed to amendment TILLIS) submitted an amendment intended to SA 111 submitted by Ms. MURKOWSKI (for her- TEXT OF AMENDMENTS self and Mr. MANCHIN) and intended to be be proposed by him to the bill S. 47, supra; SA 110. Mrs. HYDE-SMITH submitted which was ordered to lie on the table. proposed to the bill S. 47, supra; which was SA 130. Mr. BURR (for himself and Mr. ordered to lie on the table. an amendment intended to be proposed TILLIS) submitted an amendment intended to SA 145. Mr. KENNEDY (for himself, Mr. by her to the bill S. 47, to provide for be proposed by him to the bill S. 47, supra; CASSIDY, and Mr. HEINRICH) submitted an the management of the natural re- which was ordered to lie on the table. amendment intended to be proposed to sources of the United States, and for SA 131. Mr. MARKEY (for himself and Ms. amendment SA 111 submitted by Ms. MUR- other purposes; which was ordered to WARREN) submitted an amendment intended KOWSKI (for herself and Mr. MANCHIN) and in- lie on the table; as follows: to be proposed by him to the bill S. 47, supra; tended to be proposed to the bill S. 47, supra; At the end of subtitle B of title I, add the which was ordered to lie on the table. which was ordered to lie on the table. following: SA 132. Mr. GARDNER submitted an SA 146. Mr. KENNEDY submitted an amendment intended to be proposed to amendment intended to be proposed to SEC. 11ll. REDESIGNATION OF THE DELTA NA- TIONAL FOREST. amendment SA 111 submitted by Ms. MUR- amendment SA 111 submitted by Ms. MUR- (a) IN GENERAL.—The Delta National For- KOWSKI (for herself and Mr. MANCHIN) and in- KOWSKI (for herself and Mr. MANCHIN) and in- tended to be proposed to the bill S. 47, supra; tended to be proposed to the bill S. 47, supra; est in the State of Mississippi is redesignated which was ordered to lie on the table. which was ordered to lie on the table. as the ‘‘Thad Cochran Delta National For- SA 133. Mr. GARDNER submitted an SA 147. Mr. KENNEDY submitted an est’’. amendment intended to be proposed to amendment intended to be proposed to (b) BOUNDARY REVISION.—Nothing in this section shall prohibit the Secretary of Agri- amendment SA 111 submitted by Ms. MUR- amendment SA 111 submitted by Ms. MUR- culture (referred to in this section as the KOWSKI (for herself and Mr. MANCHIN) and in- KOWSKI (for herself and Mr. MANCHIN) and in- tended to be proposed to the bill S. 47, supra; tended to be proposed to the bill S. 47, supra; ‘‘Secretary’’) from adjusting the boundaries which was ordered to lie on the table. which was ordered to lie on the table. of the Thad Cochran Delta National Forest, SA 134. Mr. PORTMAN (for himself, Mr. SA 148. Mr. KENNEDY submitted an as determined appropriate by the Secretary, WARNER, Mr. ALEXANDER, Mr. KING, Mr. amendment intended to be proposed to in accordance with the Forest and Rangeland TILLIS, Ms. COLLINS, Mr. DAINES, Mr. amendment SA 111 submitted by Ms. MUR- Renewable Resources Planning Act of 1974 CRAMER, and Mr. GARDNER) submitted an KOWSKI (for herself and Mr. MANCHIN) and in- (16 U.S.C. 1600 et seq.). amendment intended to be proposed to tended to be proposed to the bill S. 47, supra; (c) REFERENCES.—Any reference in a law, amendment SA 111 submitted by Ms. MUR- which was ordered to lie on the table. regulation, document, record, map, or other KOWSKI (for herself and Mr. MANCHIN) and in- SA 149. Mr. BRAUN (for himself and Mr. paper of the United States to the Delta Na- tended to be proposed to the bill S. 47, supra; TOOMEY) submitted an amendment intended tional Forest shall be considered to be a ref- which was ordered to lie on the table. to be proposed to amendment SA 111 sub- erence to the ‘‘Thad Cochran Delta National SA 135. Ms. McSALLY (for herself and Ms. mitted by Ms. MURKOWSKI (for herself and Forest’’. SINEMA) submitted an amendment intended Mr. MANCHIN) and intended to be proposed to to be proposed to amendment SA 111 sub- the bill S. 47, supra; which was ordered to lie SA 111. Ms. MURKOWSKI (for herself mitted by Ms. MURKOWSKI (for herself and on the table. and Mr. MANCHIN) submitted an amend- Mr. MANCHIN) and intended to be proposed to SA 150. Mr. LEE submitted an amendment ment intended to be proposed by her to the bill S. 47, supra; which was ordered to lie intended to be proposed to amendment SA the bill S. 47, to provide for the man- on the table. 111 submitted by Ms. MURKOWSKI (for herself agement of the natural resources of the SA 136. Mr. JOHNSON (for himself, Ms. and Mr. MANCHIN) and intended to be pro- United States, and for other purposes; BALDWIN, Mr. BARRASSO, and Mr. ENZI) sub- posed to the bill S. 47, supra; which was or- which was ordered to lie on the table; mitted an amendment intended to be pro- dered to lie on the table. posed to amendment SA 111 submitted by SA 151. Mr. LEE submitted an amendment as follows: Ms. MURKOWSKI (for herself and Mr. intended to be proposed to amendment SA Strike all after the enacting clause and in- MANCHIN) and intended to be proposed to the 111 submitted by Ms. MURKOWSKI (for herself sert the following: bill S. 47, supra; which was ordered to lie on and Mr. MANCHIN) and intended to be pro- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the table. posed to the bill S. 47, supra; which was or- (a) SHORT TITLE.—This Act may be cited as SA 137. Mr. BARRASSO submitted an dered to lie on the table. the ‘‘Natural Resources Management Act’’. amendment intended to be proposed to SA 152. Mr. LEE submitted an amendment (b) TABLE OF CONTENTS.—The table of con- amendment SA 111 submitted by Ms. MUR- intended to be proposed to amendment SA tents for this Act is as follows: KOWSKI (for herself and Mr. MANCHIN) and in- 111 submitted by Ms. MURKOWSKI (for herself Sec. 1. Short title; table of contents. tended to be proposed to the bill S. 47, supra; and Mr. MANCHIN) and intended to be pro- Sec. 2. Definition of Secretary. which was ordered to lie on the table. posed to the bill S. 47, supra; which was or- TITLE I—PUBLIC LAND AND FORESTS SA 138. Mr. BARRASSO submitted an dered to lie on the table. amendment intended to be proposed to SA 153. Mr. LEE (for himself and Mr. ROM- Subtitle A—Land Exchanges and amendment SA 111 submitted by Ms. MUR- NEY) submitted an amendment intended to Conveyances KOWSKI (for herself and Mr. MANCHIN) and in- be proposed to amendment SA 111 submitted Sec. 1001. Crags land exchange, Colorado. tended to be proposed to the bill S. 47, supra; by Ms. MURKOWSKI (for herself and Mr. Sec. 1002. Arapaho National Forest bound- which was ordered to lie on the table. MANCHIN) and intended to be proposed to the ary adjustment. SA 139. Mr. CASSIDY (for himself, Mr. bill S. 47, supra; which was ordered to lie on Sec. 1003. Santa Ana River Wash Plan land JONES, Mr. KENNEDY, and Mr. WICKER) sub- the table. exchange.

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0655 E:\CR\FM\A06FE6.057 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S927 Sec. 1004. Udall Park land exchange. Sec. 1204. Emigrant Crevice withdrawal. Sec. 1461. Desert tortoise conservation cen- Sec. 1005. Confirmation of State land grants. Sec. 1205. Oregon Wildlands. ter. Sec. 1006. Custer County Airport convey- PART II—EMERY COUNTY PUBLIC LAND TITLE II—NATIONAL PARKS ance. MANAGEMENT Subtitle A—Special Resource Studies Sec. 1007. Pascua Yaqui Tribe land convey- Sec. 1211. Definitions. ance. Sec. 2001. Special resource study of James K. Sec. 1212. Administration. Sec. 1008. La Paz County land conveyance. Polk presidential home. Sec. 1213. Effect on water rights. Sec. 1009. Lake Bistineau land title sta- Sec. 2002. Special resource study of Sec. 1214. Savings clause. bility. Thurgood Marshall school. Sec. 1010. Lake Fannin land conveyance. SUBPART A—SAN RAFAEL SWELL RECREATION Sec. 2003. Special resource study of Presi- Sec. 1011. Land conveyance and utility AREA dent Street Station. right-of-way, Henry’s Lake Wil- Sec. 1221. Establishment of Recreation Area. Sec. 2004. Amache special resource study. derness Study Area, Idaho. Sec. 1222. Management of Recreation Area. Sec. 2005. Special resource study of George Sec. 1012. Conveyance to Ukpeagvik Inupiat Sec. 1223. San Rafael Swell Recreation Area W. Bush Childhood Home. Corporation. Advisory Council. Subtitle B—National Park System Boundary Sec. 1013. Public purpose conveyance to City SUBPART B—WILDERNESS AREAS Adjustments and Related Matters of Hyde Park, Utah. Sec. 1231. Additions to the National Wilder- Sec. 2101. Shiloh National Military Park Sec. 1014. Juab County conveyance. ness Preservation System. boundary adjustment. Sec. 1015. Black Mountain Range and Bull- Sec. 1232. Administration. Sec. 2102. Ocmulgee Mounds National His- head City land exchange. Sec. 1233. Fish and wildlife management. torical Park boundary. Sec. 1016. Cottonwood land exchange. Sec. 1234. Release. Sec. 2103. Kennesaw Mountain National Bat- Sec. 1017. Embry-Riddle Tri-City land ex- tlefield Park boundary. change. SUBPART C—WILD AND SCENIC RIVER DESIGNATION Sec. 2104. Fort Frederica National Monu- Subtitle B—Public Land and National Forest ment, Georgia. System Management Sec. 1241. Green River wild and scenic river Sec. 2105. Fort Scott National Historic Site designation. Sec. 1101. Bolts Ditch access. boundary. Sec. 1102. Clarification relating to a certain SUBPART D—LAND MANAGEMENT AND Sec. 2106. Florissant Fossil Beds National land description under the CONVEYANCES Monument boundary. Northern Arizona Land Ex- Sec. 1251. Goblin Valley State Park. Sec. 2107. Voyageurs National Park bound- change and Verde River Basin Sec. 1252. Jurassic National Monument. ary adjustment. Partnership Act of 2005. Sec. 1253. Public land disposal and acquisi- Sec. 2108. Acadia National Park boundary. Sec. 1103. Frank and Jeanne Moore Wild tion. Sec. 2109. Authority of Secretary of the In- Steelhead Special Management Sec. 1254. Public purpose conveyances. terior to accept certain prop- Area. Sec. 1255. Exchange of BLM and School and erties, Missouri. Sec. 1104. Maintenance or replacement of fa- Institutional Trust Lands Ad- Sec. 2110. Home of Franklin D. Roosevelt cilities and structures at Smith ministration land. National Historic Site. Gulch. Subtitle D—Wild and Scenic Rivers Subtitle C—National Park System Sec. 1105. Repeal of provision limiting the Sec. 1301. Lower Farmington River and Redesignations export of timber harvested from Salmon Brook wild and scenic Sec. 2201. Designation of Saint-Gaudens Na- certain Kake Tribal Corpora- river. tional Historical Park. tion land. Sec. 1302. Wood-Pawcatuck watershed wild Sec. 2202. Redesignation of Robert Emmet Sec. 1106. Designation of Fowler and Boskoff and scenic river segments. Park. Peaks. Sec. 1303. Nashua wild and scenic rivers, Sec. 2203. Fort Sumter and Fort Moultrie Sec. 1107. Coronado National Forest land Massachusetts and New Hamp- National Historical Park. conveyance. Sec. 2204. Reconstruction Era National His- Sec. 1108. Deschutes Canyon-Steelhead Falls shire. torical Park and Reconstruc- Wilderness Study Area bound- Subtitle E—California Desert Protection and tion Era National Historic Net- ary adjustment, Oregon. Recreation work. Sec. 1109. Maintenance of Federal mineral Sec. 1401. Definitions. Sec. 2205. Golden Spike National Historical leases based on extraction of PART I—DESIGNATION OF WILDERNESS IN THE Park. helium. CALIFORNIA DESERT CONSERVATION AREA Sec. 2206. World War II Pacific sites. Sec. 1110. Small miner waivers to claim maintenance fees. Sec. 1411. California desert conservation and Subtitle D—New Units of the National Park Sec. 1111. Saint Francis Dam Disaster Na- recreation. System tional Memorial and National PART II—DESIGNATION OF SPECIAL Sec. 2301. Medgar and Myrlie Evers Home Monument. MANAGEMENT AREA National Monument. Sec. 1112. Owyhee Wilderness Areas bound- Sec. 1421. Vinagre Wash Special Manage- Sec. 2302. Mill Springs Battlefield National ary modifications. ment Area. Monument. Sec. 1113. Chugach Region land study. PART III—NATIONAL PARK SYSTEM Sec. 2303. Camp Nelson Heritage National Sec. 1114. Wildfire technology moderniza- ADDITIONS Monument. tion. Sec. 1431. Death Valley National Park Subtitle E—National Park System Sec. 1115. McCoy Flats Trail System. Management Sec. 1116. Technical corrections to certain boundary revision. laws relating to Federal land in Sec. 1432. Mojave National Preserve. Sec. 2401. National Park and Pre- the State of Nevada. Sec. 1433. Joshua Tree National Park. serve natural gas pipeline. Sec. 1117. Ashley Karst National Recreation PART IV—OFF-HIGHWAY VEHICLE RECREATION Sec. 2402. Historically Black Colleges and and Geologic Area. AREAS Universities Historic Preserva- tion program reauthorized. Sec. 1118. John Wesley Powell National Con- Sec. 1441. Off-highway vehicle recreation Sec. 2403. Authorizing cooperative manage- servation Area. areas. Sec. 1119. Alaska Native Vietnam era vet- ment agreements between the PART V—MISCELLANEOUS erans land allotment. District of Columbia and the Sec. 1120. Red River gradient boundary sur- Sec. 1451. Transfer of land to Anza-Borrego Secretary of the Interior. vey. Desert State Park. Sec. 2404. Fees for Medical Services. Sec. 1121. San Juan County settlement im- Sec. 1452. Wildlife corridors. Sec. 2405. Authority to grant easements and plementation. Sec. 1453. Prohibited uses of acquired, do- rights-of-way over Federal Sec. 1122. Rio Puerco Watershed manage- nated, and conservation land. lands within Gateway National ment program. Sec. 1454. Tribal uses and interests. Recreation Area. Sec. 1123. Ashley Springs land conveyance. Sec. 1455. Release of Federal reversionary Sec. 2406. Adams Memorial Commission. land interests. Sec. 2407. Technical corrections to ref- Subtitle C—Wilderness Designations and Sec. 1456. California State school land. erences to the African Amer- Withdrawals Sec. 1457. Designation of wild and scenic riv- ican Civil Rights Network. PART I—GENERAL PROVISIONS ers. Sec. 2408. Transfer of the James J. Howard Sec. 1201. Organ Mountains-Desert Peaks Sec. 1458. Conforming amendments. Marine Sciences Laboratory. conservation. Sec. 1459. Juniper Flats. Sec. 2409. Bows in parks. Sec. 1202. Cerro del Yuta and Rı´o San Anto- Sec. 1460. Conforming amendments to Cali- Sec. 2410. Wildlife management in parks. nio Wilderness Areas. fornia Military Lands With- Sec. 2411. Pottawattamie County rever- Sec. 1203. Methow Valley, Washington, Fed- drawal and Overflights Act of sionary interest. eral land withdrawal. 1994. Sec. 2412. Designation of Dean Stone Bridge.

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0655 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S928 CONGRESSIONAL RECORD — SENATE February 6, 2019 Subtitle F—National Trails and Related Sec. 8102. Report on recovery implementa- (A) approximately 320 acres of land within Matters tion programs. the Pike National Forest, Teller County, Sec. 2501. North Country Scenic Trail Route Subtitle C—Yakima River Basin Water Colorado, as generally depicted on the map adjustment. Enhancement Project entitled ‘‘Proposed Crags Land Exchange– Sec. 2502. Extension of Lewis and Clark Na- Sec. 8201. Authorization of phase III. Non-Federal Parcel–Crags Property’’ and tional Historic Trail. Sec. 8202. Modification of purposes and defi- dated March 2015; and Sec. 2503. American Discovery Trail signage. nitions. (B) a permanent trail easement for the Sec. 2504. Pike National Historic Trail Sec. 8203. Yakima River Basin Water Con- Barr Trail in El Paso County, Colorado, as study. servation Program. generally depicted on the map entitled ‘‘Pro- TITLE III—CONSERVATION Sec. 8204. Yakima Basin water projects, op- posed Crags Land Exchange–Barr Trail Ease- AUTHORIZATIONS erations, and authorizations. ment to United States’’ and dated March 2015, and which shall be considered as a vol- Subtitle D—Bureau of Reclamation Facility Sec. 3001. Reauthorization of Land and untary donation to the United States by BHI Conveyances Water Conservation Fund. for all purposes of law. Sec. 3002. Conservation incentives land- Sec. 8301. Conveyance of Maintenance Com- (4) SECRETARY.—The term ‘‘Secretary’’ owner education program. plex and District Office of the means the Secretary of Agriculture, unless TITLE IV—SPORTSMEN’S ACCESS AND Arbuckle Project, Oklahoma. otherwise specified. Sec. 8302. Contra Costa Canal transfer. RELATED MATTERS (c) LAND EXCHANGE.— Subtitle A—National Policy Subtitle E—Project Authorizations (1) IN GENERAL.—If BHI offers to convey to Sec. 4001. Congressional declaration of na- Sec. 8401. Extension of Equus Beds Division the Secretary all right, title, and interest of tional policy. of the Wichita Project. BHI in and to the non-Federal land, the Sec- Subtitle B—Sportsmen’s Access to Federal Subtitle F—Modifications of Existing retary shall accept the offer and simulta- Land Programs neously convey to BHI the Federal land. (2) LAND TITLE.—Title to the non-Federal Sec. 8501. Watersmart. Sec. 4101. Definitions. land conveyed and donated to the Secretary Sec. 4102. Federal land open to hunting, fish- Subtitle G—Bureau of Reclamation under this section shall be acceptable to the ing, and recreational shooting. Transparency Secretary and shall conform to the title ap- Sec. 4103. Closure of Federal land to hunt- Sec. 8601. Definitions. proval standards of the Attorney General of ing, fishing, and recreational Sec. 8602. Asset Management Report en- the United States applicable to land acquisi- shooting. hancements for reserved works. tions by the Federal Government. Sec. 4104. Shooting ranges. Sec. 8603. Asset Management Report en- (3) PERPETUAL ACCESS EASEMENT TO BHI.— Sec. 4105. Identifying opportunities for hancements for transferred The nonexclusive perpetual access easement recreation, hunting, and fishing works. to be granted to BHI as shown on the map re- on Federal land. TITLE IX—MISCELLANEOUS ferred to in subsection (b)(2) shall allow— Subtitle C—Open Book on Equal Access to (A) BHI to fully maintain, at BHI’s ex- Justice Sec. 9001. Every Kid Outdoors Act. Sec. 9002. Good Samaritan Search and Re- pense, and use Forest Service Road 371 from Sec. 4201. Federal action transparency. covery Act. its junction with Forest Service Road 368 in Subtitle D—Migratory Bird Framework and Sec. 9003. 21st Century Conservation Service accordance with historic use and mainte- Hunting Opportunities for Veterans Corps Act. nance patterns by BHI; and Sec. 4301. Federal closing date for hunting of Sec. 9004. National Nordic Museum Act. (B) full and continued public and adminis- ducks, mergansers, and coots. Sec. 9005. Designation of National George C. trative access and use of Forest Service Road 371 in accordance with the existing Forest Subtitle E—Miscellaneous Marshall Museum and Library. Sec. 9006. 21st Century Respect Act. Service travel management plan, or as such Sec. 4401. Respect for treaties and rights. Sec. 9007. American World War II Heritage plan may be revised by the Secretary. Sec. 4402. No priority. Cities. (4) ROUTE AND CONDITION OF ROAD.—BHI and Sec. 4403. State authority for fish and wild- Sec. 9008. Quindaro Townsite National Com- the Secretary may mutually agree to im- life. memorative Site. prove, relocate, reconstruct, or otherwise TITLE V—HAZARDS AND MAPPING Sec. 9009. Designation of National Comedy alter the route and condition of all or por- Sec. 5001. National Volcano Early Warning Center in Jamestown, New tions of such road as the Secretary, in close and Monitoring System. York. consultation with BHI, may determine advis- Sec. 5002. Reauthorization of National Geo- SEC. 2. DEFINITION OF SECRETARY. able. logic Mapping Act of 1992. In this Act, the term ‘‘Secretary’’ means (5) EXCHANGE COSTS.—BHI shall pay for all TITLE VI—NATIONAL HERITAGE AREAS the Secretary of the Interior. land survey, appraisal, and other costs to the Secretary as may be necessary to process Sec. 6001. National Heritage Area designa- TITLE I—PUBLIC LAND AND FORESTS and consummate the exchange directed by tions. Subtitle A—Land Exchanges and this section, including reimbursement to the Sec. 6002. Adjustment of boundaries of Lin- Conveyances Secretary, if the Secretary so requests, for coln National Heritage Area. SEC. 1001. CRAGS LAND EXCHANGE, COLORADO. staff time spent in such processing and con- Sec. 6003. Finger Lakes National Heritage (a) PURPOSES.—The purposes of this section summation. Area study. (d) EQUAL VALUE EXCHANGE AND APPRAIS- Sec. 6004. National Heritage Area amend- are— ALS.— ments. (1) to authorize, direct, expedite and facili- tate the land exchange set forth herein; and (1) APPRAISALS.—The values of the lands to TITLE VII—WILDLIFE HABITAT AND (2) to promote enhanced public outdoor be exchanged under this section shall be de- CONSERVATION recreational and natural resource conserva- termined by the Secretary through apprais- Sec. 7001. Wildlife habitat and conservation. tion opportunities in the Pike National For- als performed— Sec. 7002. Reauthorization of Neotropical est near , Colorado, via acquisi- (A) in accordance with— Migratory Bird Conservation tion of the non-Federal land and trail ease- (i) the Uniform Appraisal Standards for Act. ment. Federal Land Acquisitions; Sec. 7003. John H. Chafee Coastal Barrier (b) DEFINITIONS.—In this section: (ii) the Uniform Standards of Professional Resources System. (1) BHI.—The term ‘‘BHI’’ means Appraisal Practice; and TITLE VIII—WATER AND POWER Broadmoor Hotel, Inc., a Colorado corpora- (iii) appraisal instructions issued by the Subtitle A—Reclamation Title Transfer tion. Secretary; and (2) FEDERAL LAND.—The term ‘‘Federal (B) by an appraiser mutually agreed to by Sec. 8001. Purpose. land’’ means all right, title, and interest of the Secretary and BHI. Sec. 8002. Definitions. the United States in and to approximately 83 (2) EQUAL VALUE EXCHANGE.—The values of Sec. 8003. Authorization of transfers of title acres of land within the Pike National For- the Federal land and non-Federal land par- to eligible facilities. est, El Paso County, Colorado, together with cels exchanged shall be equal, or if they are Sec. 8004. Eligibility criteria. a nonexclusive perpetual access easement to not equal, shall be equalized as follows: Sec. 8005. Liability. BHI to and from such land on Forest Service (A) SURPLUS OF FEDERAL LAND VALUE.—If Sec. 8006. Benefits. Road 371, as generally depicted on the map the final appraised value of the Federal land Sec. 8007. Compliance with other laws. entitled ‘‘Proposed Crags Land Exchange– exceeds the final appraised value of the non- Subtitle B—Endangered Fish Recovery Federal Parcel–Emerald Valley Ranch’’ and Federal land parcel identified in subsection Programs dated March 2015. (b)(3)(A), BHI shall make a cash equalization Sec. 8101. Extension of authorization for an- (3) NON-FEDERAL LAND.—The term ‘‘non- payment to the United States as necessary nual base funding of fish recov- Federal land’’ means the land and trail ease- to achieve equal value, including, if nec- ery programs; removal of cer- ment to be conveyed to the Secretary by BHI essary, an amount in excess of that author- tain reporting requirement. in the exchange and is— ized pursuant to section 206(b) of the Federal

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Land Policy and Management Act of l976 (43 SEC. 1002. ARAPAHO NATIONAL FOREST BOUND- (1) EXCHANGE AUTHORIZED.—Notwith- U.S.C. 1716(b)). ARY ADJUSTMENT. standing the land use planning requirements (B) USE OF FUNDS.—Any cash equalization (a) IN GENERAL.—The boundary of the of sections 202, 210, and 211 of the Federal moneys received by the Secretary under sub- Arapaho National Forest in the State of Col- Land Policy and Management Act of 1976 (43 paragraph (A) shall be— orado is adjusted to incorporate the approxi- U.S.C. 1712, 1720, 1721), subject to valid exist- (i) deposited in the fund established under mately 92.95 acres of land generally depicted ing rights, and conditioned upon any equali- Public Law 90–171 (commonly known as the as ‘‘The Wedge’’ on the map entitled ‘‘Arap- zation payment necessary under section ‘‘Sisk Act’’; 16 U.S.C. 484a); and aho National Forest Boundary Adjustment’’ 206(b) of the Federal Land Policy and Man- (ii) made available to the Secretary for the and dated November 6, 2013, and described as agement Act of 1976 (43 U.S.C. 1716(b)), and acquisition of land or interests in land in Re- lots three, four, eight, and nine of section 13, paragraph (2), as soon as practicable, but not gion 2 of the Forest Service. Township 4 North, Range 76 West, Sixth later than 2 years after the date of enact- (C) SURPLUS OF NON-FEDERAL LAND Principal Meridian, Colorado. A lot described ment of this Act, if the Conservation Dis- in this subsection may be included in the VALUE.—If the final appraised value of the trict offers to convey the exchange land to non-Federal land parcel identified in sub- boundary adjustment only after the Sec- the United States, the Secretary shall— section (b)(3)(A) exceeds the final appraised retary of Agriculture obtains written per- (A) convey to the Conservation District all value of the Federal land, the United States mission for such action from the lot owner right, title, and interest of the United States shall not make a cash equalization payment or owners. in and to the Federal land, and any such por- (b) BOWEN GULCH PROTECTION AREA.—The to BHI, and surplus value of the non-Federal tion of the Federal exchange parcel as may Secretary of Agriculture shall include all land shall be considered a donation by BHI be required to equalize the values of the Federal land within the boundary described to the United States for all purposes of law. in subsection (a) in the Bowen Gulch Protec- lands exchanged; and (3) APPRAISAL EXCLUSIONS.— tion Area established under section 6 of the (B) accept from the Conservation District a (A) SPECIAL USE PERMIT.—The appraised Colorado Wilderness Act of 1993 (16 U.S.C. conveyance of all right, title, and interest of value of the Federal land parcel shall not re- 539j). the Conservation District in and to the non- flect any increase or diminution in value due (c) LAND AND WATER CONSERVATION FUND.— Federal land, and any such portion of the to the special use permit existing on the date For purposes of section 200306(a)(2)(B)(i) of non-Federal exchange parcel as may be re- of enactment of this Act to BHI on the par- title 54, United States Code, the boundaries quired to equalize the values of the lands ex- cel and improvements thereunder. of the Arapaho National Forest, as modified changed. (B) BARR TRAIL EASEMENT.—The Barr Trail under subsection (a), shall be considered to (2) EQUALIZATION PAYMENT.—To the extent easement donation identified in subsection be the boundaries of the Arapaho National an equalization payment is necessary under (b)(3)(B) shall not be appraised for purposes Forest as in existence on January 1, 1965. section 206(b) of the Federal Land Policy and of this section. (d) PUBLIC MOTORIZED USE.—Nothing in Management Act of 1976 (43 U.S.C. 1716(b)), the amount of such equalization payment (e) MISCELLANEOUS PROVISIONS.— this section opens privately owned lands shall first be made by way of in-kind transfer (1) WITHDRAWAL PROVISIONS.— within the boundary described in subsection of such portion of the Federal exchange par- (A) WITHDRAWAL.—Lands acquired by the (a) to public motorized use. cel to the Conservation District, or transfer Secretary under this section shall, without (e) ACCESS TO NON-FEDERAL LANDS.—Not- of such portion of the non-Federal exchange further action by the Secretary, be perma- withstanding the provisions of section 6(f) of the Colorado Wilderness Act of 1993 (16 parcel to the United States, as the case may nently withdrawn from all forms of appro- U.S.C. 539j(f)) regarding motorized travel, be, as may be necessary to equalize the fair priation and disposal under the public land the owners of any non-Federal lands within market values of the exchanged properties. laws (including the mining and mineral leas- the boundary described in subsection (a) who The fair market value of the Federal ex- ing laws) and the Geothermal Steam Act of historically have accessed their lands change parcel or non-Federal exchange par- 1930 (30 U.S.C. 1001 et seq.). through lands now or hereafter owned by the cel, as the case may be, shall be credited (B) WITHDRAWAL REVOCATION.—Any public United States within the boundary described against any required equalization payment. land order that withdraws the Federal land in subsection (a) shall have the continued To the extent such credit is not sufficient to from appropriation or disposal under a public right of motorized access to their lands offset the entire amount of equalization pay- land law shall be revoked to the extent nec- across the existing roadway. ment so indicated, any remaining amount of essary to permit disposal of the Federal land SEC. 1003. SANTA ANA RIVER WASH PLAN LAND equalization payment shall be treated as fol- parcel to BHI. EXCHANGE. lows: ITHDRAWAL OF FEDERAL LAND (C) W .—All (a) DEFINITIONS.—In this section: (A) If the equalization payment is to equal- Federal land authorized to be exchanged (1) CONSERVATION DISTRICT.—The term ize values by which the Federal land exceeds under this section, if not already withdrawn ‘‘Conservation District’’ means the San the non-Federal land and the credited value or segregated from appropriation or disposal Bernardino Valley Water Conservation Dis- of the non-Federal exchange parcel, Con- under the public lands laws upon enactment trict, a political subdivision of the State of servation District may make the equali- of this Act, is hereby so withdrawn, subject California. zation payment to the United States, not- to valid existing rights, until the date of (2) FEDERAL EXCHANGE PARCEL.—The term withstanding any limitation regarding the conveyance of the Federal land to BHI. ‘‘Federal exchange parcel’’ means the ap- amount of the equalization payment under (2) POSTEXCHANGE LAND MANAGEMENT.— proximately 90 acres of Federal land admin- section 206(b) of the Federal Land Policy and Land acquired by the Secretary under this istered by the Bureau of Land Management Management Act of 1976 (43 U.S.C. 1716(b)). In section shall become part of the Pike-San generally depicted as ‘‘BLM Equalization the event Conservation District opts not to Isabel National Forest and be managed in ac- Land to SBVWCD’’ on the Map and is to be make the indicated equalization payment, cordance with the laws, rules, and regula- conveyed to the Conservation District if nec- the exchange shall not proceed. tions applicable to the National Forest Sys- essary to equalize the fair market values of (B) If the equalization payment is to equal- tem. the lands otherwise to be exchanged. ize values by which the non-Federal land ex- (3) EXCHANGE TIMETABLE.—It is the intent (3) FEDERAL LAND.—The term ‘‘Federal ceeds the Federal land and the credited value of Congress that the land exchange directed land’’ means the approximately 327 acres of of the Federal exchange parcel, the Sec- by this section be consummated no later Federal land administered by the Bureau of retary shall order the exchange without re- than 1 year after the date of enactment of Land Management generally depicted as quirement of any additional equalization this Act. ‘‘BLM Land to SBVWCD’’ on the Map. payment by the United States to the Con- (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— (4) MAP.—The term ‘‘Map’’ means the map servation District. (A) MINOR ERRORS.—The Secretary and BHI entitled ‘‘Santa Ana River Wash Land Ex- (3) APPRAISALS.— may by mutual agreement make minor change’’ and dated September 3, 2015. (A) The value of the land to be exchanged boundary adjustments to the Federal and (5) NON-FEDERAL EXCHANGE PARCEL.—The under this section shall be determined by ap- non-Federal lands involved in the exchange, term ‘‘non-Federal exchange parcel’’ means praisals conducted by one or more inde- and may correct any minor errors in any the approximately 59 acres of land owned by pendent and qualified appraisers. map, acreage estimate, or description of any the Conservation District generally depicted (B) The appraisals shall be conducted in ac- land to be exchanged. as ‘‘SBVWCD Equalization Land’’ on the cordance with nationally recognized ap- (B) CONFLICT.—If there is a conflict be- Map and is to be conveyed to the United praisal standards, including, as appropriate, tween a map, an acreage estimate, or a de- States if necessary to equalize the fair mar- the Uniform Appraisal Standards for Federal scription of land under this section, the map ket values of the lands otherwise to be ex- Land Acquisitions and the Uniform Stand- shall control unless the Secretary and BHI changed. ards of Professional Appraisal Practice. mutually agree otherwise. (6) NON-FEDERAL LAND.—The term ‘‘non- (4) TITLE APPROVAL.—Title to the land to (C) AVAILABILITY.—Upon enactment of this Federal Land’’ means the approximately 310 be exchanged under this section shall be in a Act, the Secretary shall file and make avail- acres of land owned by the Conservation Dis- format acceptable to the Secretary and the able for public inspection in the head- trict generally depicted as ‘‘SBVWCD to Conservation District. quarters of the Pike-San Isabel National BLM’’ on the Map. (5) MAP AND LEGAL DESCRIPTIONS.—As soon Forest a copy of all maps referred to in this (b) EXCHANGE OF LAND; EQUALIZATION OF as practicable after the date of enactment of section. VALUE.— this Act, the Secretary shall finalize a map

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S930 CONGRESSIONAL RECORD — SENATE February 6, 2019 and legal descriptions of all land to be con- lands in T. 6 S. and T. 7 S., R. 1 W., Salt Lake veyed under paragraph (1) shall be deter- veyed under this section. The Secretary may Base and Meridian, that are owned by the mined by a survey satisfactory to the Sec- correct any minor errors in the map or in United States, under the administrative ju- retary. the legal descriptions. The map and legal de- risdiction of the Bureau of Land Manage- (7) COSTS OF CONVEYANCE.—As a condition scriptions shall be on file and available for ment, and identified as available for disposal on the conveyance under paragraph (1), the public inspection in appropriate offices of by land exchange in the Record of Decision County shall pay to the Secretary all costs the Bureau of Land Management. for the Pony Express Resource Management associated with the conveyance, including (6) COSTS OF CONVEYANCE.—As a condition Plan and Rangeland Program Summary for the cost of— of conveyance, any costs related to the con- Utah County (January 1990), as amended by (A) the appraisal under paragraph (3); and veyance under this section shall be paid by the Pony Express Plan Amendment (Novem- (B) the survey under paragraph (6). the Conservation District. ber 1997), in fulfillment of the land grants (8) PROCEEDS FROM THE SALE OF LAND.—Any (c) APPLICABLE LAW.— made in sections 6, 8, and 12 of the Act of proceeds received by the Secretary from the (1) ACT OF FEBRUARY 20, 1909.— July 16, 1894 (28 Stat. 107) as generally de- conveyance under paragraph (1) shall be— (A) The Act of February 20, 1909 (35 Stat. picted on the map entitled ‘‘Proposed Utah (A) deposited in the fund established under 641), shall not apply to the Federal land and County Quantity Grants’’ and dated June 27, Public Law 90–171 (commonly known as the any public exchange land transferred under 2017, to further the purposes of the State of ‘‘Sisk Act’’) (16 U.S.C. 484a); and this section. Utah School and Institutional Trust Lands (B) available to the Secretary until ex- (B) The exchange of lands under this sec- Administration, without further land use pended, without further appropriation, for planning action by the Bureau of Land Man- tion shall be subject to continuing rights of the acquisition of inholdings in units of the agement. the Conservation District under the Act of National Forest System in the State of (b) APPLICATION.—The criteria listed in De- February 20, 1909 (35 Stat. 641), on the non- cision 3 of the Lands Program of the re- South Dakota. Federal land and any exchanged portion of source management plan described in sub- SEC. 1007. PASCUA YAQUI TRIBE LAND CONVEY- the non-Federal exchange parcel for the con- section (a) shall not apply to any land se- ANCE. tinued use, maintenance, operation, con- lected under that subsection. (a) DEFINITIONS.—In this section: struction, or relocation of, or expansion of, (c) EFFECT ON LIMITATION.—Nothing in this (1) DISTRICT.—The term ‘‘District’’ means groundwater recharge facilities on the non- section affects the limitation established the Tucson Unified School District No. 1, a Federal land, to accommodate groundwater under section 2815(d) of the National Defense school district recognized as such under the recharge of the Bunker Hill Basin to the ex- Authorization Act for Fiscal Year 2000 (Pub- laws of the State of Arizona. tent that such activities are not in conflict lic Law 106–65). (2) MAP.—The term ‘‘Map’’ means the map with any Habitat Conservation Plan or Habi- SEC. 1006. CUSTER COUNTY AIRPORT CONVEY- entitled ‘‘ ‘Pascua Yaqui Tribe Land Convey- tat Management Plan under which such non- ANCE. ance Act’’, dated March 14, 2016, and on file Federal land or non-Federal exchange parcel (a) DEFINITIONS.—In this section: and available for public inspection in the may be held or managed. (1) COUNTY.—The term ‘‘County’’ means local office of the Bureau of Land Manage- (2) FLPMA.—Except as otherwise provided Custer County, South Dakota. ment. in this section, the Federal Land Policy and (2) FEDERAL LAND.—The term ‘‘Federal (3) RECREATION AND PUBLIC PURPOSES ACT.— Management Act of 1976 (43 U.S.C. 1701 et land’’ means all right, title, and interest of The term ‘‘Recreation and Public Purposes seq.), shall apply to the exchange of land the United States in and to approximately Act’’ means the Act of June 14, 1926 (43 under this section. 65.7 acres of National Forest System land, as U.S.C. 869 et seq.). (d) CANCELLATION OF SECRETARIAL ORDER generally depicted on the map. (4) TRIBE.—The term ‘‘Tribe’’ means the 241.—Secretarial Order 241, dated November (3) MAP.—The term ‘‘map’’ means the map Pascua Yaqui Tribe of Arizona, a federally 11, 1929 (withdrawing a portion of the Federal entitled ‘‘Custer County Airport Convey- recognized Indian Tribe. land for an unconstructed transmission line), ance’’ and dated October 19, 2017. (b) LAND TO BE HELD IN TRUST.— is terminated and the withdrawal thereby ef- (4) SECRETARY.—The term ‘‘Secretary’’ (1) PARCEL A.—Subject to paragraph (2) and fected is revoked. means the Secretary of Agriculture, acting to valid existing rights, all right, title, and SEC. 1004. UDALL PARK LAND EXCHANGE. through the Chief of the Forest Service. interest of the United States in and to the (b) LAND CONVEYANCE.— (a) DEFINITIONS.—In this section: approximately 39.65 acres of Federal lands (1) IN GENERAL.—Subject to the terms and (1) CITY.—The term ‘‘City’’ means the city generally depicted on the map as ‘‘Parcel A’’ conditions described in paragraph (2), if the of Tucson, Arizona. are declared to be held in trust by the United County submits to the Secretary an offer to (2) NON-FEDERAL LAND.—The term ‘‘non- States for the benefit of the Tribe. acquire the Federal land for the market Federal land’’ means the approximately (2) EFFECTIVE DATE.—Paragraph (1) shall value, as determined by the appraisal under 172.8-acre parcel of City land identified in take effect on the day after the date on paragraph (3), the Secretary shall convey the the patent numbered 02–90–0001 and dated Oc- which the District relinquishes all right, Federal land to the County. tober 4, 1989, and more particularly described title, and interest of the District in and to (2) TERMS AND CONDITIONS.—The convey- as lots 3 and 4, S1⁄2NW1⁄4, sec. 5, T.14 S., R.15 ance under paragraph (1) shall be— the approximately 39.65 acres of land de- E., Gila and Salt River Meridian, Arizona. (A) subject to valid existing rights; scribed in paragraph (1). (b) CONVEYANCE OF FEDERAL REVERSIONARY (B) made by quitclaim deed; and (c) LANDS TO BE CONVEYED TO THE DIS- INTEREST IN LAND LOCATED IN TUCSON, ARI- (C) subject to any other terms and condi- TRICT.— ZONA.— tions as the Secretary considers appropriate (1) PARCEL B.— (1) IN GENERAL.—Notwithstanding any to protect the interests of the United States. (A) IN GENERAL.—Subject to valid existing other provision of law, the Secretary shall (3) APPRAISAL.— rights and payment to the United States of convey to the City, without consideration, (A) IN GENERAL.—Not later than 60 days the fair market value, the United States the reversionary interests of the United after the date of enactment of this Act, the shall convey to the District all right, title, States in and to the non-Federal land for the Secretary shall complete an appraisal to de- and interest of the United States in and to purpose of unencumbering the title to the termine the market value of the Federal the approximately 13.24 acres of Federal non-Federal land to enable economic devel- land. lands generally depicted on the map as ‘‘Par- opment of the non-Federal land. (B) STANDARDS.—The appraisal under sub- cel B’’. (2) LEGAL DESCRIPTIONS.—As soon as prac- paragraph (A) shall be conducted in accord- (B) DETERMINATION OF FAIR MARKET ticable after the date of enactment of this ance with— VALUE.—The fair market value of the prop- Act, the exact legal descriptions of the non- (i) the Uniform Appraisal Standards for erty to be conveyed under subparagraph (A) Federal land shall be determined in a man- Federal Land Acquisitions; and shall be determined by the Secretary in ac- ner satisfactory to the Secretary. (ii) the Uniform Standards of Professional cordance with the Uniform Appraisal Stand- (3) ADDITIONAL TERMS AND CONDITIONS.— Appraisal Practice. ards for Federal Land Acquisitions and the The Secretary may require such additional (4) MAP.— Uniform Standards of Professional Appraisal terms and conditions to the conveyance (A) AVAILABILITY OF MAP.—The map shall Practice. under paragraph (1), consistent with that be kept on file and available for public in- (C) COSTS OF CONVEYANCE.—As a condition paragraph, as the Secretary considers appro- spection in the appropriate office of the For- of the conveyance under this paragraph, all priate to protect the interests of the United est Service. costs associated with the conveyance shall States. (B) CORRECTION OF ERRORS.—The Secretary be paid by the District. (4) COSTS.—The City shall pay all costs as- may correct any errors in the map. (2) PARCEL C.— sociated with the conveyance under para- (5) CONSIDERATION.—As consideration for (A) IN GENERAL.—If, not later than 1 year graph (1), consistent with that paragraph, in- the conveyance under paragraph (1), the after the completion of the appraisal re- cluding the costs of any surveys, recording County shall pay to the Secretary an quired by subparagraph (C), the District sub- costs, and other reasonable costs. amount equal to the market value of the mits to the Secretary an offer to acquire the SEC. 1005. CONFIRMATION OF STATE LAND Federal land, as determined by the appraisal Federal reversionary interest in all of the GRANTS. under paragraph (3). approximately 27.5 acres of land conveyed to (a) IN GENERAL.—Subject to valid existing (6) SURVEY.—The exact acreage and legal the District under Recreation and Public rights, the State of Utah may select any description of the Federal land to be con- Purposes Act and generally depicted on the

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S931 map as ‘‘Parcel C’’, the Secretary shall con- ing a request from the County to convey the with a valid claim to the omitted land, in- vey to the District such reversionary inter- Federal land, the Secretary shall convey the cluding any mineral interests. est in the lands covered by the offer. The Federal land to the County. (2) MAP.—The term ‘‘Map’’ means the map Secretary shall complete the conveyance not (2) RESTRICTIONS ON CONVEYANCE.— entitled ‘‘Lands as Delineated by Original later than 30 days after the date of the offer. (A) IN GENERAL.—The conveyance under Survey December 18, 1842 showing the 1969 (B) SURVEY.—Not later than 90 days after paragraph (1) shall be subject to— Meander Line at the 148.6 Elevation Line’’ the date of enactment of this Act, the Sec- (i) valid existing rights; and and dated January 30, 2018. retary shall complete a survey of the lands (ii) such terms and conditions as the Sec- (3) OMITTED LAND.— described in this paragraph to determine the retary determines to be necessary. (A) IN GENERAL.—The term ‘‘omitted land’’ precise boundaries and acreage of the lands (B) EXCLUSION.—The Secretary shall ex- means the land in lots 6, 7, 8, 9, 10, 11, 12, and subject to the Federal reversionary interest. clude from the conveyance under paragraph 13 of sec. 30, T. 16 N., R. 10 W., Louisiana Me- (C) APPRAISAL.—Not later than 180 days (1) any Federal land that contains signifi- ridian, comprising a total of approximately after the date of enactment of this Act, the cant cultural, environmental, wildlife, or 229.72 acres, as depicted on the Map, that— Secretary shall complete an appraisal of the recreational resources. (i) was in place during the Original Survey; Federal reversionary interest in the lands (3) PAYMENT OF FAIR MARKET VALUE.—The but identified by the survey required by subpara- conveyance under paragraph (1) shall be for (ii) was not included in the Original Sur- graph (B). The appraisal shall be completed the fair market value of the Federal land to vey. in accordance with the Uniform Appraisal be conveyed, as determined— (B) INCLUSION.—The term ‘‘omitted land’’ Standards for Federal Land Acquisitions and (A) in accordance with the Federal Land includes— the Uniform Standards of Professional Ap- Policy and Management Act of 1976 (43 (i) Peggy’s Island in lot 1 of sec. 17, T. 16 praisal Practice. U.S.C. 1701 et seq.); and N., R. 10 W., Louisiana Meridian; and (D) CONSIDERATION.—As consideration for (B) based on an appraisal that is conducted (ii) Hog Island in lot 1 of sec. 29, T. 16 N., the conveyance of the Federal reversionary in accordance with— R. 10 W., Louisiana Meridian. interest under this paragraph, the District (i) the Uniform Appraisal Standards for (4) ORIGINAL SURVEY.—The term ‘‘Original shall pay to the Secretary an amount equal Federal Land Acquisitions; and Survey’’ means the survey of land sur- to the appraised value of the Federal inter- (ii) the Uniform Standards of Professional rounding Lake Bistineau, Louisiana, con- est, as determined under subparagraph (C). Appraisal Practice. ducted by the General Land Office in 1838 The consideration shall be paid not later (4) PROTECTION OF TRIBAL CULTURAL ARTI- and approved by the Surveyor General on than 30 days after the date of the convey- FACTS.—As a condition of the conveyance December 8, 1842. ance. under paragraph (1), the County shall, and as (b) CONVEYANCES.— (E) COSTS OF CONVEYANCE.—As a condition a condition of any subsequent conveyance, (1) IN GENERAL.—Consistent with the first of the conveyance under this paragraph, all any subsequent owner shall— section of the Act of December 22, 1928 (com- costs associated with the conveyance, in- (A) make good faith efforts to avoid dis- monly known as the ‘‘Color of Title Act’’) (45 cluding the cost of the survey required by turbing Tribal artifacts; Stat. 1069, chapter 47; 43 U.S.C. 1068), except subparagraph (B) and the appraisal required (B) minimize impacts on Tribal artifacts if as provided by this section, the Secretary by subparagraph (C), shall be paid by the they are disturbed; shall convey to the claimant the omitted District. (C) coordinate with the Colorado River In- land, including any mineral interests, that (d) GAMING PROHIBITION.—The Tribe may dian Tribes Tribal Historic Preservation Of- has been held in good faith and in peaceful, not conduct gaming activities on lands fice to identify artifacts of cultural and his- adverse possession by a claimant or an an- taken into trust pursuant to this section, ei- toric significance; and cestor or grantor of the claimant, under ther as a matter of claimed inherent author- (D) allow Tribal representatives to rebury claim or color of title, based on the Original ity, under the authority of any Federal law, unearthed artifacts at or near where they Survey. including the Indian Gaming Regulatory Act were discovered. (2) CONFIRMATION OF TITLE.—The convey- (25 U.S.C. 2701 et seq.), or under regulations (5) AVAILABILITY OF MAP.— ance or patent of omitted land to a claimant promulgated by the Secretary or the Na- (A) IN GENERAL.—The map shall be on file under paragraph (1) shall have the effect of tional Indian Gaming Commission. and available for public inspection in the ap- confirming title to the surface and minerals (e) WATER RIGHTS.— propriate offices of the Bureau of Land Man- in the claimant and shall not serve as any (1) IN GENERAL.—There shall be no Federal agement. admission by a claimant. (c) PAYMENT OF COSTS.— reserved right to surface water or ground- (B) CORRECTIONS.—The Secretary and the water for any land taken into trust by the County may, by mutual agreement— (1) IN GENERAL.—Except as provided in United States for the benefit of the Tribe (i) make minor boundary adjustments to paragraph (2), the conveyance required under under this section. the Federal land to be conveyed under para- subsection (b) shall be without consider- ation. (2) STATE WATER RIGHTS.—The Tribe re- graph (1); and tains any right or claim to water under (ii) correct any minor errors in the map, an (2) CONDITION.—As a condition of the con- State law for any land taken into trust by acreage estimate, or the description of the veyance of the omitted land under sub- the United States for the benefit of the Tribe Federal land. section (b), before making the conveyance, the Secretary shall recover from the State of under this section. (6) WITHDRAWAL.—The Federal land is Louisiana any costs incurred by the Sec- (3) FORFEITURE OR ABANDONMENT.—Any withdrawn from the operation of the mining water rights that are appurtenant to land and mineral leasing laws of the United retary relating to any survey, platting, legal taken into trust by the United States for the States. description, or associated activities required to prepare and issue a patent under that sub- benefit of the Tribe under this section may (7) COSTS.—As a condition of the convey- not be forfeited or abandoned. ance of the Federal land under paragraph (1), section. (d) MAP AND LEGAL DESCRIPTION.—As soon (4) ADMINISTRATION.—Nothing in this sec- the County shall pay— as practicable after the date of enactment of tion affects or modifies any right of the (A) an amount equal to the appraised value this Act, the Secretary shall file, and make Tribe or any obligation of the United States determined in accordance with paragraph available for public inspection in the appro- under Public Law 95–375. (3)(B); and priate offices of the Bureau of Land and SEC. 1008. LA PAZ COUNTY LAND CONVEYANCE. (B) all costs related to the conveyance, in- Management, the Map and legal descriptions (a) DEFINITIONS.—In this section: cluding all surveys, appraisals, and other ad- of the omitted land to be conveyed under (1) COUNTY.—The term ‘‘County’’ means La ministrative costs associated with the con- subsection (b). Paz County, Arizona. veyance of the Federal land to the County SEC. 1010. LAKE FANNIN LAND CONVEYANCE. (2) FEDERAL LAND.—The term ‘‘Federal under paragraph (1). (a) DEFINITIONS.—In this section: land’’ means the approximately 5,935 acres of (8) PROCEEDS FROM THE SALE OF LAND.—The (1) COUNTY.—The term ‘‘County’’ means land managed by the Bureau of Land Man- proceeds from the sale of land under this Fannin County, Texas. agement and designated as ‘‘Federal land to subsection shall be— (2) MAP.—The term ‘‘map’’ means the map be conveyed’’ on the map. (A) deposited in the Federal Land Disposal entitled ‘‘Lake Fannin Conveyance’’ and (3) MAP.—The term ‘‘map’’ means the map Account established by section 206(a) of the dated November 21, 2013. prepared by the Bureau of Land Management Federal Land Transaction Facilitation Act (3) NATIONAL FOREST SYSTEM LAND.—The entitled ‘‘Proposed La Paz County Land Con- (43 U.S.C. 2305(a)); and term ‘‘National Forest System land’’ means veyance’’ and dated October 1, 2018. (B) used in accordance with that Act (43 the approximately 2,025 acres of National (b) CONVEYANCE TO LA PAZ COUNTY, ARI- U.S.C. 2301 et seq.). Forest System land generally depicted on ZONA.— SEC. 1009. LAKE BISTINEAU LAND TITLE STA- the map. (1) IN GENERAL.—Notwithstanding the plan- BILITY. (4) SECRETARY.—The term ‘‘Secretary’’ ning requirement of sections 202 and 203 of (a) DEFINITIONS.—In this section: means the Secretary of Agriculture, acting the Federal Land Policy and Management (1) CLAIMANT.—The term ‘‘claimant’’ through the Chief of the Forest Service. Act of 1976 (43 U.S.C. 1712, 1713) and in ac- means any individual, group, or corporation (b) LAND CONVEYANCE.— cordance with this section and other applica- authorized to hold title to land or mineral (1) IN GENERAL.—Subject to the terms and ble law, as soon as practicable after receiv- interests in land in the State of Louisiana conditions described in paragraph (2), if the

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County submits to the Secretary an offer to U.S.C. 1713) and part 2711.3–3 of title 43, Code (1) COUNTY.—The term ‘‘County’’ means acquire the National Forest System land for of Federal Regulations. As consideration for Juab County, Utah. the fair market value, as determined by the the conveyance the owner shall pay to the (2) SECRETARY.—The term ‘‘Secretary’’ appraisal under paragraph (3), the Secretary Secretary an amount equal to the fair mar- means the Secretary of Agriculture, acting shall convey the National Forest System ket value as valued by a qualified land ap- through the Chief of the Forest Service. land to the County. praisal and approved by the Appraisal and (3) NEPHI WORK CENTER CONVEYANCE PAR- (2) TERMS AND CONDITIONS.—The convey- Valuation Services Office. CEL.—The term ‘‘Nephi Work Center convey- ance under paragraph (1) shall be— (2) RIGHT-OF-WAY.—The Secretary shall ance parcel’’ means the parcel of approxi- (A) subject to valid existing rights; grant the right-of-way granted under sub- mately 2.17 acres of National Forest System (B) made by quitclaim deed; and section (a)(2) in accordance with section 205 land in the County, located at 740 South (C) subject to any other terms and condi- of the Federal Land Policy and Management Main Street, Nephi, Utah, as depicted as Tax tions as the Secretary considers appropriate Act of 1976 (43 U.S.C. 1715), and part 2800 of Lot Numbers #XA00–0545–1111 and #XA00– to protect the interests of the United States. title 43, Code of Federal Regulations. 0545–2 on the map entitled ‘‘Nephi Plat B’’ (3) APPRAISAL.— (c) ADDITIONAL TERMS AND CONDITIONS.— and dated May 6, 1981. (A) IN GENERAL.—Not later than 180 days The Secretary may require such additional (b) CONVEYANCE OF NEPHI WORK CENTER after the date of enactment of this Act, the terms and conditions in connection with the CONVEYANCE PARCEL, JUAB COUNTY, UTAH.— Secretary shall complete an appraisal to de- conveyance of the land and the grant of the (1) IN GENERAL.—Not later than 1 year after termine the fair market value of the Na- right-of-way under this section as the Sec- the date on which the Secretary receives a tional Forest System land. retary considers appropriate to protect the request from the County and subject to valid (B) STANDARDS.—The appraisal under sub- interests of the United States. existing rights and such terms and condi- tions as are mutually satisfactory to the paragraph (A) shall be conducted in accord- SEC. 1012. CONVEYANCE TO UKPEAGVIK INUPIAT ance with— CORPORATION. Secretary and the County, including such ad- ditional terms as the Secretary determines (i) the Uniform Appraisal Standards for (a) IN GENERAL.—Not later than 1 year Federal Land Acquisitions; and after the date of enactment of this Act, sub- to be necessary, the Secretary shall convey to the County without consideration all (ii) the Uniform Standards of Professional ject to valid existing rights, the Secretary right, title, and interest of the United States Appraisal Practice. shall convey to the Ukpeagvik Inupiat Cor- in and to the Nephi Work Center conveyance (4) MAP.— poration all right, title, and interest held by parcel. (A) AVAILABILITY OF MAP.—The map shall the United States in and to sand and gravel (2) COSTS.—Any costs relating to the con- be kept on file and available for public in- deposits underlying the surface estate owned veyance under paragraph (1), including proc- spection in the appropriate office of the For- by the Ukpeagvik Inupiat Corporation with- essing and transaction costs, shall be paid by est Service. in and contiguous to the Barrow gas fields, the County. (B) CORRECTION OF ERRORS.—The Secretary and more particularly described as follows: (3) USE OF LAND.—The land conveyed to the may correct minor errors in the map. (1) T. 21 N. R. 16 W., secs. 7, 17–18, 19–21, and County under paragraph (1) shall be used by (5) CONSIDERATION.—As consideration for 28–29, of the Umiat Meridian. the County— the conveyance under paragraph (1), the (2) T. 21 N. R. 17 W., secs. 1–2 and 11–14, of (A) to house fire suppression and fuels County shall pay to the Secretary an the Umiat Meridian. mitigation personnel; amount equal to the fair market value of the (3) T. 22 N. R. 18 W., secs. 4, 9, and 29–32, of (B) to facilitate fire suppression and fuels National Forest System land, as determined the Umiat Meridian. mitigation activities; and by the appraisal under paragraph (3). (4) T. 22 N. R. 19 W., secs. 25 and 36, of the (C) for infrastructure and equipment nec- (6) SURVEY.—The exact acreage and legal Umiat Meridian. description of the National Forest System essary to carry out subparagraphs (A) and (b) ENTITLEMENT FULFILLED.—The convey- (B). land to be conveyed under paragraph (1) shall ance under this section shall fulfill the enti- be determined by a survey satisfactory to tlement granted to the Ukpeagvik Inupiat SEC. 1015. BLACK MOUNTAIN RANGE AND BULL- HEAD CITY LAND EXCHANGE. the Secretary and the County. Corporation under section 12(a) of the Alaska (a) DEFINITIONS.—In this section: (7) USE.—As a condition of the conveyance Native Claims Settlement Act (43 U.S.C. (1) CITY.—The term ‘‘City’’ means Bullhead under paragraph (1), the County shall agree 1611(a)). City, Arizona. to manage the land conveyed under that sub- (c) COMPLIANCE WITH ENDANGERED SPECIES (2) NON-FEDERAL LAND.—The term ‘‘non- section for public recreational purposes. ACT OF 1973.—Nothing in this section affects Federal Land’’ means the approximately (8) COSTS OF CONVEYANCE.—As a condition any requirement, prohibition, or exception 1,100 acres of land owned by Bullhead City in on the conveyance under paragraph (1), the under the Endangered Species Act of 1973 (16 the Black Mountain Range generally de- County shall pay to the Secretary all costs U.S.C. 1531 et seq.). associated with the conveyance, including picted as ‘‘Bullhead City Land to be Ex- SEC. 1013. PUBLIC PURPOSE CONVEYANCE TO changed to BLM’’ on the Map. the cost of— CITY OF HYDE PARK, UTAH. (A) the appraisal under paragraph (3); and (3) MAP.—The term ‘‘Map’’ means the map (a) IN GENERAL.—Notwithstanding the land (B) the survey under paragraph (6). entitled ‘‘Bullhead City Land Exchange’’ and use planning requirement of sections 202 and dated August 24, 2018. SEC. 1011. LAND CONVEYANCE AND UTILITY 203 of the Federal Land Policy and Manage- RIGHT-OF-WAY, HENRY’S LAKE WIL- (4) FEDERAL LAND.—The term ‘‘Federal ment Act of 1976 (43 U.S.C. 1712, 1713), on DERNESS STUDY AREA, IDAHO. land’’ means the approximately 345.2 acres of written request by the City of Hyde Park, (a) CONVEYANCE AND RIGHT-OF-WAY AU- land in Bullhead City, Arizona, generally de- Utah (referred to in this section as the THORIZED.—Notwithstanding section 603(c) of picted as ‘‘Federal Land to be exchanged to the Federal Land Policy and Management ‘‘City’’), the Secretary shall convey, without Bullhead City’’ on the Map. Act of 1976 (43 U.S.C. 1782(c)), the Secretary consideration, to the City the parcel of pub- (b) LAND EXCHANGE.— may— lic land described in subsection (b)(1) for (1) IN GENERAL.—If after December 15, 2020, (1) convey to the owner of a private resi- public recreation or other public purposes the City offers to convey to the Secretary all dence located at 3787 Valhalla Road in Island consistent with uses allowed under the Act right, title, and interest of the City in and to Park, Idaho (in this section referred to as of June 14, 1926 (commonly known as the the non-Federal land, the Secretary shall ac- the ‘‘owner’’), all right, title, and interest of ‘‘Recreation and Public Purposes Act’’) (43 cept the offer and simultaneously convey to the United States in and to the approxi- U.S.C. 869 et seq.). the City all right, title, and interest of the mately 0.5 acres of Federal land in the (b) DESCRIPTION OF LAND.— United States in and to the Federal land. Henry’s Lake Wilderness Study Area de- (1) IN GENERAL.—The parcel of public land (2) LAND TITLE.—Title to the non-Federal scribed as lot 14, section 33, Township 16 referred to in subsection (a) is the approxi- land conveyed to the Secretary under this North, Range 43 East, Boise Meridian, Fre- mately 80-acre parcel identified on the map section shall be in a form acceptable to the mont County, Idaho; and entitled ‘‘Hyde Park Land Conveyance Act’’ Secretary and shall conform to the title ap- (2) grant Fall River Electric in Ashton, and dated October 23, 2017. proval standards of the Attorney General of Idaho, the right to operate, maintain, and re- (2) AVAILABILITY OF MAP.—The map re- the United States applicable to land acquisi- habilitate a right-of-way encumbering ap- ferred to in paragraph (1) shall be on file and tions by the Federal Government. proximately 0.4 acres of Federal land in the available for public inspection in appropriate (3) EXCHANGE COSTS.—The City shall pay Henry’s Lake Wilderness Study Area de- offices of the Bureau of Land Management. for all land survey, appraisal, and other costs scribed as lot 15, section 33, Township 16 (c) SURVEY.—The exact acreage and legal to the Secretary as may be necessary to North, Range 43 East, Boise Meridian, Fre- description of the land to be conveyed under process and consummate the exchange under mont County, Idaho, which includes an elec- this section shall be determined by a survey this section. tric distribution line and access road, 850′ in satisfactory to the Secretary. (c) EQUAL VALUE EXCHANGE AND APPRAIS- length, 20′ in width. (d) CONVEYANCE COSTS.—As a condition for ALS.— (b) CONSIDERATION; CONDITIONS.— the conveyance under this section, all costs (1) APPRAISALS.—The values of the lands to (1) LAND DISPOSAL.—The Secretary shall associated with the conveyance shall be paid be exchanged under this section shall be de- convey the land under subsection (a)(1) in ac- by the City. termined by the Secretary through apprais- cordance with section 203 of the Federal SEC. 1014. JUAB COUNTY CONVEYANCE. als performed— Land Policy and Management Act of 1976 (43 (a) DEFINITIONS.—In this section: (A) in accordance with—

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S933 (i) the Uniform Appraisal Standards for acres of land in Yavapai County, Arizona, rules, and regulations applicable to the Na- Federal Land Acquisitions; generally depicted as ‘‘Yavapai County Par- tional Forest System. (ii) the Uniform Standards of Professional cels ‘Non-Federal Land’ ’’ on the map. (f) MAPS, ESTIMATES, AND DESCRIPTIONS.— Appraisal Practice; and (5) SECRETARY.—The term ‘‘Secretary’’ (1) MINOR ERRORS.—The Secretary and the (iii) appraisal instructions issued by the means the Secretary of Agriculture, unless County may, by mutual agreement— Secretary; and otherwise specified. (A) make minor boundary adjustments to (B) by an appraiser mutually agreed to by (b) LAND EXCHANGE.— the Federal and non-Federal lands involved the Secretary and the City. (1) IN GENERAL.—If the County offers to in the exchange; and (2) EQUAL VALUE EXCHANGE.—The values of convey to the Secretary all right, title, and (B) correct any minor errors in any map, the Federal and non-Federal land parcels ex- interest of the County in and to the non-Fed- acreage estimate, or description of any land changed shall be equal, or if they are not eral land, the Secretary shall accept the to be exchanged. equal, shall be equalized as follows: offer and simultaneously convey to the (2) CONFLICT.—If there is a conflict between (A) SURPLUS OF FEDERAL LAND VALUE.—If County all right, title, and interest of the a map, an acreage estimate, or a description the final appraised value of the Federal land United States to the Federal land. of land under this section, the map shall con- exceeds the final appraised value of the non- (2) LAND TITLE.—Title to the non-Federal trol unless the Secretary and the County Federal land, the City shall reduce the land conveyed to the Secretary under this mutually agree otherwise. amount of land it is requesting from the Fed- section shall be acceptable to the Secretary (3) AVAILABILITY.—The Secretary shall file eral Government in order to create an equal and shall conform to the title approval and make available for public inspection in value in accordance with section 206(b) of the standards of the Attorney General of the the headquarters of the Coconino National Federal Land Policy and Management Act of United States applicable to land acquisitions Forest a copy of all maps referred to in this 1976 (43 U.S.C. 1716(b)). Land that is not ex- by the Federal Government. section. changed because of equalization under this XCHANGE COSTS (3) E .—The County shall pay SEC. 1017. EMBRY-RIDDLE TRI-CITY LAND EX- subparagraph shall remain subject to lease for all land survey, appraisal, and other costs CHANGE. under the Act of June 14, 1926 (commonly to the Secretary as may be necessary to (a) DEFINITIONS.—In this section: known as the ‘‘Recreation and Public Pur- process and consummate the exchange under (1) NON-FEDERAL LAND.—The term ‘‘non- poses Act’’) (44 Stat. 741, chapter 578; 43 this section, including reimbursement to the Federal land’’ means the approximately 16- U.S.C. 869 et seq.). Secretary, if the Secretary so requests, for acre parcel of University land identified in (B) USE OF FUNDS.—Any cash equalization staff time spent in such processing and con- section 3(a) of Public Law 105–363 (112 Stat. moneys received by the Secretary under sub- summation. 3297). paragraph (A) shall be— (c) EQUAL VALUE EXCHANGE AND APPRAIS- (2) UNIVERSITY.—The term ‘‘University’’ (i) deposited in the Federal Land Disposal ALS.— means Embry-Riddle Aeronautical Univer- Account established by section 206(a) of the (1) APPRAISALS.—The values of the lands to sity, Florida. Federal Land Transaction Facilitation Act be exchanged under this section shall be de- (b) CONVEYANCE OF FEDERAL REVERSIONARY (43 U.S.C. 2305(a)); and termined by the Secretary through apprais- INTEREST IN LAND LOCATED IN THE COUNTY OF (ii) used in accordance with that Act (43 als performed— YAVAPAI, ARIZONA.— U.S.C. 2301 et seq.). (A) in accordance with— (1) IN GENERAL.—Notwithstanding any (C) SURPLUS OF NON-FEDERAL LAND (i) the Uniform Appraisal Standards for other provision of law, if after the comple- VALUE.—If the final appraised value of the Federal Land Acquisitions; tion of the appraisal required under sub- non-Federal land exceeds the final appraised (ii) the Uniform Standards of Professional section (c), the University submits to the value of the Federal land, the United States Appraisal Practice; and Secretary an offer to acquire the rever- shall not make a cash equalization payment (iii) appraisal instructions issued by the sionary interests of the United States in and to the City, and surplus value of the non- Secretary; and to the non-Federal land, the Secretary shall Federal land shall be considered a donation (B) by an appraiser mutually agreed to by convey to the University the reversionary by the City to the United States for all pur- the Secretary and the County. interests of the United States in and to the poses of law. (2) EQUAL VALUE EXCHANGE.—The values of non-Federal land for the purpose of (d) WITHDRAWAL PROVISIONS.—Lands ac- the Federal and non-Federal land parcels ex- unencumbering the title to the non-Federal quired by the Secretary under this section changed shall be equal, or if they are not land to enable economic development of the are, upon such acquisition, automatically equal, shall be equalized as follows: non-Federal land. and permanently withdrawn from all forms (A) SURPLUS OF FEDERAL LAND VALUE.—If (2) LEGAL DESCRIPTIONS.—As soon as prac- of appropriation and disposal under the pub- the final appraised value of the Federal land ticable after the date of enactment of this lic land laws (including the mining and min- exceeds the final appraised value of the non- Act, the exact legal description of the non- eral leasing laws) and the Geothermal Steam Federal land, the County shall make a cash Federal land shall be determined in a man- Act of 1930 (30 U.S.C. 1001 et seq.). equalization payment to the United States (e) MAPS, ESTIMATES, AND DESCRIPTIONS.— ner satisfactory to the Secretary. as necessary to achieve equal value, includ- (1) MINOR ERRORS.—The Secretary and the (3) ADDITIONAL TERMS AND CONDITIONS.— ing, if necessary, an amount in excess of that City may, by mutual agreement— The Secretary may require such additional authorized pursuant to section 206(b) of the (A) make minor boundary adjustments to terms and conditions to the conveyance Federal Land Policy and Management Act of the Federal and non-Federal lands involved under paragraph (1), consistent with this sec- 1976 (43 U.S.C. 1716(b)). in the exchange; and tion, as the Secretary considers appropriate (B) USE OF FUNDS.—Any cash equalization (B) correct any minor errors in any map, to protect the interests of the United States. moneys received by the Secretary under sub- acreage estimate, or description of any land (4) COSTS.—The University shall pay all paragraph (A) shall be— to be exchanged. costs associated with the conveyance under (i) deposited in the fund established under (2) CONFLICT.—If there is a conflict between paragraph (1), including the costs of the ap- Public Law 90–171 (commonly known as the a map, an acreage estimate, or a description praisal required under subsection (c), the ‘‘Sisk Act’’; 16 U.S.C. 484a); and of land under this section, the map shall con- costs of any surveys, recording costs, and (ii) made available to the Secretary for the trol unless the Secretary and the City mutu- other reasonable costs. acquisition of land or interests in land in Re- ally agree otherwise. (c) APPRAISAL.— gion 3 of the Forest Service. (3) AVAILABILITY.—The Secretary shall file (1) IN GENERAL.—Not later than 180 days (C) SURPLUS OF NON-FEDERAL LAND and make available for public inspection in after the date of enactment of this Act, the VALUE.—If the final appraised value of the the Arizona headquarters of the Bureau of Secretary shall complete an appraisal of the non-Federal land exceeds the final appraised Land Management a copy of all maps re- reversionary interests of the United States value of the Federal land, the United States ferred to in this section. in and to the non-Federal land. shall not make a cash equalization payment (2) APPLICABLE LAW.—The appraisal shall SEC. 1016. COTTONWOOD LAND EXCHANGE. to the County, and surplus value of the non- (a) DEFINITIONS.—In this section: be completed in accordance with— Federal land shall be considered a donation (1) COUNTY.—The term ‘‘County’’ means (A) the Uniform Appraisal Standards for by the County to the United States for all Yavapai County, Arizona. Federal Land Acquisitions; and purposes of law. (2) FEDERAL LAND.—The term ‘‘Federal (d) WITHDRAWAL PROVISIONS.—Lands ac- (B) the Uniform Standards of Professional land’’ means all right, title, and interest of quired by the Secretary under this section Appraisal Practice. the United States in and to approximately 80 are, upon such acquisition, automatically (d) CONSIDERATION.— acres of land within the Coconino National and permanently withdrawn from all forms (1) IN GENERAL.—As consideration for the Forest, in Yavapai County, Arizona, gen- of appropriation and disposal under the pub- conveyance of the reversionary interests of erally depicted as ‘‘Coconino National Forest lic land laws (including the mining and min- the United States in and to the non-Federal Parcels ‘Federal Land’ ’’ on the map. eral leasing laws) and the Geothermal Steam land under this section, the University shall (3) MAP.—The term ‘‘map’’ means the map Act of 1930 (30 U.S.C. 1001 et seq.). pay to the Secretary an amount equal to the entitled ‘‘Cottonwood Land Exchange’’, with (e) MANAGEMENT OF LAND.—Land acquired appraised value of the interests of the United the revision date July 5, 2018\Version 1. by the Secretary under this section shall be- States, as determined under subsection (c). (4) NON-FEDERAL LAND.—The term ‘‘non- come part of the Coconino National Forest (2) DEPOSIT; USE.—Amounts received under Federal land’’ means the approximately 369 and be managed in accordance with the laws, paragraph (1) shall be—

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(A) deposited in the Federal Land Disposal cial Management Area Designation Act’’ and (9) WITHDRAWAL.—Subject to valid existing Account established by section 206(a) of the dated June 23, 2016. rights, the Federal land within the bound- Federal Land Transaction Facilitation Act (2) SECRETARY.—The term ‘‘Secretary’’ aries of the Special Management Area river (43 U.S.C. 2305(a)); and means the Secretary of Agriculture, acting segments designated by paragraph (1) is (B) used in accordance with that Act (43 through the Chief of the Forest Service. withdrawn from all forms of— U.S.C. 2301 et seq.). (3) SPECIAL MANAGEMENT AREA.—The term (A) entry, appropriation, or disposal under Subtitle B—Public Land and National Forest ‘‘Special Management Area’’ means the the public land laws; System Management Frank and Jeanne Moore Wild Steelhead (B) location, entry, and patent under the Special Management Area designated by sub- mining laws; and SEC. 1101. BOLTS DITCH ACCESS. section (c)(1). (C) disposition under all laws relating to (a) ACCESS GRANTED.—The Secretary of Ag- (4) STATE.—The term ‘‘State’’ means the mineral and geothermal leasing or mineral riculture shall permit by special use author- State of Oregon. materials. ization nonmotorized access and use, in ac- cordance with section 293.6 of title 36, Code (c) FRANK AND JEANNE MOORE WILD SEC. 1104. MAINTENANCE OR REPLACEMENT OF STEELHEAD SPECIAL MANAGEMENT AREA, OR- FACILITIES AND STRUCTURES AT of Federal Regulations, of the Bolts Ditch SMITH GULCH. Headgate and the Bolts Ditch within the EGON.— The authorization of the Secretary of Agri- Holy Cross Wilderness, Colorado, as des- (1) DESIGNATION.—The approximately 99,653 culture to maintain or replace facilities or ignated by Public Law 96–560 (94 Stat. 3265), acres of Forest Service land in the State, as structures for commercial recreation serv- for the purposes of the diversion of water and generally depicted on the Map, is designated ices at Smith Gulch under section 3(a)(24)(D) use, maintenance, and repair of such ditch as the ‘‘Frank and Jeanne Moore Wild of the Wild and Scenic Rivers Act (16 U.S.C. and headgate by the Town of Minturn, Colo- Steelhead Special Management Area’’. 1274(a)(24)(D))— rado, a Colorado Home Rule Municipality. (2) MAP; LEGAL DESCRIPTION.— (1) may include improvements or replace- (b) LOCATION OF FACILITIES.—The Bolts (A) IN GENERAL.—As soon as practicable ments that the Secretary of Agriculture de- Ditch headgate and ditch segment referenced after the date of enactment of this Act, the termines— in subsection (a) are as generally depicted on Secretary shall prepare a map and legal de- (A) are consistent with section 9(b) of the the map entitled ‘‘Bolts Ditch headgate and scription of the Special Management Area. Central Idaho Wilderness Act of 1980 (16 Ditch Segment’’ and dated November 2015. (B) FORCE OF LAW.—The map and legal de- scription prepared under subparagraph (A) U.S.C. 1281 note; Public Law 96–312); and SEC. 1102. CLARIFICATION RELATING TO A CER- shall have the same force and effect as if in- (B) would reduce the impact of the com- TAIN LAND DESCRIPTION UNDER mercial recreation facilities or services on THE NORTHERN ARIZONA LAND EX- cluded in this section, except that the Sec- CHANGE AND VERDE RIVER BASIN retary may correct clerical and typo- wilderness or wild and scenic river resources PARTNERSHIP ACT OF 2005. graphical errors in the map and legal de- and values; and Section 104(a)(5) of the Northern Arizona scription. (2) authorizes the Secretary of Agriculture Land Exchange and Verde River Basin Part- (C) AVAILABILITY.—The map and legal de- to consider including, as appropriate— nership Act of 2005 (Public Law 109–110; 119 scription prepared under subparagraph (A) (A) hydroelectric generators and associ- Stat. 2356) is amended by inserting before the shall be on file and available for public in- ated electrical transmission facilities; period at the end ‘‘, which, notwithstanding spection in the appropriate offices of the (B) water pumps for fire suppression; section 102(a)(4)(B), includes the N1⁄2 NE1⁄4 Forest Service. (C) transitions from propane to electrical SW1⁄4 SW1⁄4, the N1⁄2 N1⁄2 SE1⁄4 SW1⁄4, and the (3) ADMINISTRATION.—Subject to valid ex- lighting; N1⁄2 N1⁄2 SW1⁄4 SE1⁄4, sec. 34, Township 22 isting rights, the Special Management Area (D) solar energy systems; North, Range 2 East, Gila and Salt River Me- shall be administered by the Secretary— (E) 6-volt or 12-volt battery banks for ridian, Coconino County, Arizona, com- (A) in accordance with all laws (including power storage; and prising approximately 25 acres’’. regulations) applicable to the National For- (F) other improvements or replacements which are consistent with this section that SEC. 1103. FRANK AND JEANNE MOORE WILD est System; and STEELHEAD SPECIAL MANAGEMENT (B) in a manner that— the Secretary of Agriculture determines ap- AREA. (i) conserves and enhances the natural propriate. (a) FINDINGS.—Congress finds that— character, scientific use, and the botanical, SEC. 1105. REPEAL OF PROVISION LIMITING THE (1) Frank Moore has committed his life to recreational, ecological, fish and wildlife, EXPORT OF TIMBER HARVESTED family, friends, his country, and fly fishing; scenic, drinking water, and cultural values FROM CERTAIN KAKE TRIBAL COR- (2) Frank Moore is a World War II veteran of the Special Management Area; PORATION LAND. who stormed the beaches of Normandy along (ii) maintains and seeks to enhance the Section 42 of the Alaska Native Claims with 150,000 troops during the D-Day Allied wild salmonid habitat of the Special Man- Settlement Act (43 U.S.C. 1629h) is amend- invasion and was awarded the Chevalier of agement Area; ed— the French Legion of Honor for his bravery; (iii) maintains or enhances the watershed (1) by striking subsection (h); (3) Frank Moore returned home after the as a thermal refuge for wild salmonids; and (2) by redesignating subsection (i) as sub- war, started a family, and pursued his pas- (iv) preserves opportunities for recreation, section (h); and sion of fishing on the winding rivers in Or- including primitive recreation. (3) in subsection (h) (as so redesignated), in egon; (4) FISH AND WILDLIFE.—Nothing in this the first sentence, by striking ‘‘and to pro- (4) as the proprietor of the Steamboat Inn section affects the jurisdiction or respon- vide’’ and all that follows through ‘‘sub- along the North Umpqua River in Oregon for sibilities of the State with respect to fish section (h)’’. nearly 20 years, Frank Moore, along with his and wildlife in the State. SEC. 1106. DESIGNATION OF FOWLER AND wife Jeanne, shared his love of fishing, the (5) ADJACENT MANAGEMENT.—Nothing in BOSKOFF PEAKS. flowing river, and the great outdoors, with this section— (a) DESIGNATION OF FOWLER PEAK.— visitors from all over the United States and (A) creates any protective perimeter or (1) IN GENERAL.—The 13,498-foot mountain the world; buffer zone around the Special Management peak, located at 37.8569° N, by ¥108.0117° W, in (5) Frank Moore has spent most of his life Area; or the Uncompahgre National Forest in the fishing the vast rivers of Oregon, during (B) modifies the applicable travel manage- State of Colorado, shall be known and des- which time he has contributed significantly ment plan for the Special Management Area. ignated as ‘‘Fowler Peak’’. to efforts to conserve fish habitats and pro- (6) WILDFIRE MANAGEMENT.—Nothing in (2) REFERENCES.—Any reference in a law, tect river health, including serving on the this section prohibits the Secretary, in co- map, regulation, document, paper, or other State of Oregon Fish and Wildlife Commis- operation with other Federal, State, and record of the United States to the peak de- sion; local agencies, as appropriate, from con- scribed in paragraph (1) shall be deemed to (6) Frank Moore has been recognized for ducting wildland fire operations in the Spe- be a reference to ‘‘Fowler Peak’’. his conservation work with the National cial Management Area, consistent with the (b) DESIGNATION OF BOSKOFF PEAK.— Wildlife Federation Conservationist of the purposes of this section, including the use of (1) IN GENERAL.—The 13,123-foot mountain Year award, the Wild Steelhead Coalition aircraft, machinery, mechanized equipment, peak, located at 37.85549° N, by ¥108.03112° W, Conservation Award, and his 2010 induction fire breaks, backfires, and retardant. in the Uncompahgre National Forest in the into the Fresh Water Fishing Hall of Fame; (7) VEGETATION MANAGEMENT.—Nothing in State of Colorado, shall be known and des- and this section prohibits the Secretary from ignated as ‘‘Boskoff Peak’’. (7) in honor of the many accomplishments conducting vegetation management projects (2) REFERENCES.—Any reference in a law, of Frank Moore, both on and off the river, within the Special Management Area in a map, regulation, document, paper, or other approximately 99,653 acres of Forest Service manner consistent with— record of the United States to the peak de- land in the State of Oregon should be des- (A) the purposes described in paragraph (3); scribed in paragraph (1) shall be deemed to ignated as the ‘‘Frank and Jeanne Moore and be a reference to ‘‘Boskoff Peak’’. Wild Steelhead Special Management Area’’. (B) the applicable forest plan. SEC. 1107. CORONADO NATIONAL FOREST LAND (b) DEFINITIONS.—In this section: (8) PROTECTION OF TRIBAL RIGHTS.—Nothing CONVEYANCE. (1) MAP.—The term ‘‘Map’’ means the map in this section diminishes any treaty rights (a) DEFINITIONS.—In this section: entitled ‘‘Frank Moore Wild Steelhead Spe- of an Indian Tribe. (1) PERMITTEE.—

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(A) IN GENERAL.—The term ‘‘permittee’’ ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be (2) DEFECT.—The term ‘‘defect’’ includes a means a person who, on the date of enact- available to the Secretary until expended for failure— ment of this Act, holds a valid permit for use the acquisition of inholdings in national for- (A) to timely file— of a property. ests in the State of Arizona. (i) a small miner maintenance fee waiver (B) INCLUSIONS.—The term ‘‘permittee’’ in- (h) MAPS AND LEGAL DESCRIPTIONS.— application; cludes any heirs, executors, and assigns of (1) IN GENERAL.—As soon as practicable (ii) an affidavit of annual labor associated the permittee or interest of the permittee. after the date of enactment of this Act, the with a small miner maintenance fee waiver (2) PROPERTY.—The term ‘‘property’’ Secretary shall file maps and legal descrip- application; or means— tions of each property. (iii) an instrument required under section (A) the approximately 1.1 acres of National (2) FORCE OF LAW.—The maps and legal de- 314(a) of the Federal Land Policy and Man- Forest System land in sec. 8, T. 10 S., R. 16 scriptions filed under paragraph (1) shall agement Act of 1976 (43 U.S.C. 1744(a)); and E., Gila and Salt River Meridian, as gen- have the same force and effect as if included (B) to pay the required application fee for erally depicted on the map entitled ‘‘Coro- in this section, except that the Secretary a small maintenance fee waiver application. nado National Forest Land Conveyance Act may correct typographical errors in the (3) STATE.—The term ‘‘State’’ means the of 2017’’, special use permit numbered maps and legal descriptions. State of Alaska. UBLIC AVAILABILITY SAN5005–03, and dated October 2017; (3) P .—The maps and (b) TREATMENT OF COVERED legal descriptions filed under paragraph (1) (B) the approximately 4.5 acres of National CLAIMHOLDERS.—Notwithstanding section Forest System land in sec. 8, T. 10 S., R. 16 shall be on file and available for public in- 10101(d) of the Omnibus Budget Reconcili- E., Gila and Salt River Meridian, as gen- spection in the office of the Supervisor of the ation Act of 1993 (30 U.S.C. 28f(d)) and section erally depicted on the map entitled ‘‘Coro- Coronado National Forest. 314(c) of the Federal Land Policy and Man- nado National Forest Land Conveyance Act SEC. 1108. DESCHUTES CANYON-STEELHEAD agement Act of 1976 (43 U.S.C. 1744(c)), each of 2017’’, special use permit numbered FALLS WILDERNESS STUDY AREA BOUNDARY ADJUSTMENT, OREGON. covered claimholder shall, during the 60-day SAN5116–03, and dated October 2017; and (a) BOUNDARY ADJUSTMENT.—The boundary period beginning on the date on which the (C) the approximately 3.9 acres of National of the Deschutes Canyon-Steelhead Falls covered claimholder receives written notifi- 1 Forest System land in NW ⁄4, sec. 1, T. 10 S., Wilderness Study Area is modified to exclude cation from the Bureau of Land Management R. 15 E., Gila and Salt River Meridian, as approximately 688 acres of public land, as de- by registered mail of the opportunity, have generally depicted on the map entitled picted on the map entitled ‘‘Deschutes Can- the opportunity— ‘‘Coronado National Forest Land Conveyance yon-Steelhead Falls Wilderness Study Area (1)(A) to cure any defect in a small miner Act of 2017’’, special use permit numbered (WSA) Proposed Boundary Adjustment’’ and maintenance fee waiver application (includ- SAN5039–02, and dated October 2017. dated September 26, 2018. ing the failure to timely file a small miner (3) SECRETARY.—The term ‘‘Secretary’’ (b) EFFECT OF EXCLUSION.— maintenance fee waiver application) for any means the Secretary of Agriculture. (1) IN GENERAL.—The public land excluded prior period during which the defect existed; (b) SALE.— from the Deschutes Canyon-Steelhead Falls or (1) IN GENERAL.—Subject to valid existing Wilderness Study Area under subsection (B) to pay any claim maintenance fees due rights, during the period described in para- (a)— for any prior period during which the defect graph (2), not later than 90 days after the (A) is no longer subject to section 603(c) of existed; and date on which a permittee submits a request the Federal Land Policy and Management (2) to cure any defect in the filing of any to the Secretary, the Secretary shall— Act of 1976 (43 U.S.C. 1782(c)); and instrument required under section 314(a) of (A) accept tender of consideration from (B) shall be managed in accordance with— the Federal Land Policy and Management that permittee; and (i) this section; Act of 1976 (43 U.S.C. 1744(a)) (including the (B) sell and quitclaim to that permittee all (ii) the Federal Land Policy and Manage- failure to timely file any required instru- right, title, and interest of the United States ment Act of 1976 (43 U.S.C. 1701 et seq.); and ment) for any prior period during which the in and to the property for which the per- (iii) any applicable resource management defect existed. mittee holds a permit. plan. (c) REINSTATEMENT OF CLAIMS DEEMED FOR- (2) PERIOD DESCRIBED.—The period referred (2) MANAGEMENT.—The Secretary shall FEITED.—The Secretary shall reinstate any to in paragraph (1) is the period beginning on manage the land excluded from the claim of a covered claimholder as of the date the date of enactment of this Act and ending Deschutes Canyon-Steelhead Falls Wilder- declared forfeited and void— on the date of expiration of the applicable ness Study Area under subsection (a) to im- (1) under section 10104 of the Omnibus permit. prove fire resiliency and forest health, in- Budget Reconciliation Act of 1993 (30 U.S.C. (c) TERMS AND CONDITIONS.—The Secretary cluding the conduct of wildfire prevention 28i) for failure to pay the claim maintenance may establish such terms and conditions on and response activities, as appropriate. fee or obtain a valid waiver under section the sales of the properties under this section (3) OFF-ROAD RECREATIONAL MOTORIZED 10101 of the Omnibus Budget Reconciliation as the Secretary determines to be in the pub- USE.—The Secretary shall not permit off- Act of 1993 (30 U.S.C. 28f); or lic interest. road recreational motorized use on the pub- (2) under section 314(c) of the Federal Land (d) CONSIDERATION.—A sale of a property lic land excluded from the Deschutes Can- Policy and Management Act of 1976 (43 under this section shall be for cash consider- yon-Steelhead Falls Wilderness Study Area U.S.C. 1744(c)) for failure to file any instru- ation equal to the market value of the prop- under subsection (a). ment required under section 314(a) of that erty, as determined by the appraisal de- SEC. 1109. MAINTENANCE OF FEDERAL MINERAL Act (43 U.S.C. 1744(a)) for any prior period scribed in subsection (e). LEASES BASED ON EXTRACTION OF during which the defect existed if the cov- (e) APPRAISAL.— HELIUM. ered claimholder— (1) IN GENERAL.—The Secretary shall com- The first section of the Mineral Leasing (A) cures the defect; or plete an appraisal of each property, which Act (30 U.S.C. 181) is amended in the fifth shall— paragraph by inserting after ‘‘purchaser (B) pays the claim maintenance fee under (A) include the value of any appurtenant thereof’’ the following: ‘‘, and that extrac- subsection (b)(1)(B). easements; and tion of helium from gas produced from such SEC. 1111. SAINT FRANCIS DAM DISASTER NA- (B) exclude the value of any private im- lands shall maintain the lease as if the ex- TIONAL MEMORIAL AND NATIONAL provements made by a permittee of the prop- tracted helium were oil and gas’’. MONUMENT. erty before the date of appraisal. SEC. 1110. SMALL MINER WAIVERS TO CLAIM (a) DEFINITIONS.—In this section: (2) STANDARDS.—An appraisal under para- MAINTENANCE FEES. (1) MEMORIAL.—The term ‘‘Memorial’’ graph (1) shall be conducted in accordance (a) DEFINITIONS.—In this section: means the Saint Francis Dam Disaster Na- with— (1) COVERED CLAIMHOLDER.—The term ‘‘cov- tional Memorial authorized under subsection (A) the Uniform Appraisal Standards for ered claimholder’’ means— (b)(1). Federal Land Acquisitions, established in ac- (A) the claimholder of the claims in the (2) MONUMENT.—The term ‘‘Monument’’ cordance with the Uniform Relocation As- State numbered AA023149, AA023163, means the Saint Francis Dam Disaster Na- sistance and Real Property Acquisition Poli- AA047913, AA047914, AA047915, AA047916, tional Monument established by subsection cies Act of 1970 (42 U.S.C. 4601 et seq.); and AA047917, AA047918, and AA047919 (as of De- (d)(1). (B) the Uniform Standards of Professional cember 29, 2004); (3) SECRETARY.—The term ‘‘Secretary’’ Appraisal Practice. (B) the claimholder of the claim in the means the Secretary of Agriculture. (f) COSTS.—The Secretary shall pay— State numbered FF–059315 (as of December (4) STATE.—The term ‘‘State’’ means the (1) the cost of a conveyance of a property 29, 2004); State of California. under this section; and (C) the claimholder of the claims in the (b) SAINT FRANCIS DAM DISASTER NATIONAL (2) the cost of an appraisal under sub- State numbered FF–58607, FF–58608, FF– MEMORIAL.— section (e). 58609, FF–58610, FF–58611, FF–58613, FF–58615, (1) ESTABLISHMENT.—The Secretary may (g) PROCEEDS FROM THE SALE OF LAND.— FF–58616, FF–58617, and FF–58618 (as of De- establish a memorial at the Saint Francis Any payment received by the Secretary from cember 31, 2003); and Dam site in the county of Los Angeles, Cali- the sale of property under this section shall (D) the claimholder of the claims in the fornia, for the purpose of honoring the vic- be deposited in the fund established under State numbered FF–53988, FF–53989, and FF– tims of the Saint Francis Dam disaster of Public Law 90–171 (commonly known as the 53990 (as of December 31, 1987). March 12, 1928.

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(2) REQUIREMENTS.—The Memorial shall (A) USE OF MOTORIZED VEHICLES.—The use (B) the Bureau of Land Management map be— of motorized vehicles within the Monument entitled ‘‘Pole Creek Wilderness Pullout (A) known as the ‘‘Saint Francis Dam Dis- may be permitted only— Zoom Aerial’’ and dated July 19, 2016. aster National Memorial’’; and (i) on roads designated for use by motor- (b) MAPS.— (B) managed by the Forest Service. ized vehicles in the management plan re- (1) EFFECT.—The maps referred to in sub- (3) DONATIONS.—The Secretary may accept, quired under paragraph (1); section (a) shall have the same force and ef- hold, administer, invest, and spend any gift, (ii) for administrative purposes; or fect as if included in this Act, except that devise, or bequest of real or personal prop- (iii) for emergency responses. the Secretary may correct minor errors in erty made to the Secretary for purposes of (B) GRAZING.—The Secretary shall permit the maps. developing, designing, constructing, and grazing within the Monument, where estab- (2) AVAILABILITY.—The maps referred to in managing the Memorial. lished before the date of enactment of this subsection (a) shall be available in the ap- Act— propriate offices of the Bureau of Land Man- (c) RECOMMENDATIONS FOR MEMORIAL.— (i) subject to all applicable laws (including agement. (1) IN GENERAL.—Not later than 3 years regulations and Executive orders); and after the date of enactment of this Act, the SEC. 1113. CHUGACH REGION LAND STUDY. (ii) consistent with the purpose described (a) DEFINITIONS.—In this section: Secretary shall submit to Congress rec- in subsection (d)(2). ommendations regarding— (1) CAC.—The term ‘‘CAC’’ means the Chu- (4) NO BUFFER ZONES.— (A) the planning, design, construction, and gach Alaska Corporation. (A) IN GENERAL.—Nothing in this section (2) CAC LAND.—The term ‘‘CAC land’’ long-term management of the Memorial; creates a protective perimeter or buffer zone (B) the proposed boundaries of the Memo- means land conveyed to CAC pursuant to the around the Monument. Alaska Native Claims Settlement Act (43 rial; (B) ACTIVITIES OUTSIDE NATIONAL MONU- (C) a visitor center and educational facili- U.S.C. 1601 et seq.) under which— MENT.—The fact that an activity or use on (A) both the surface estate and the sub- ties at the Memorial; and land outside the Monument can be seen or surface estate were conveyed to CAC; or (D) ensuring public access to the Memo- heard within the Monument shall not pre- (B)(i) the subsurface estate was conveyed rial. clude the activity or use outside the bound- to CAC; and (2) CONSULTATION.—In preparing the rec- ary of the Monument. (ii) the surface estate or a conservation ommendations required under paragraph (1), (f) CLARIFICATION ON FUNDING.— easement in the surface estate was acquired the Secretary shall consult with— (1) USE OF EXISTING FUNDS.—This section by the State or by the United States as part (A) appropriate Federal agencies; shall be carried out using amounts otherwise of the program. (B) State, Tribal, and local governments, made available to the Secretary. (3) PROGRAM.—The term ‘‘program’’ means including the Santa Clarita City Council; (2) NO ADDITIONAL FUNDS.—No additional the Habitat Protection and Acquisition Pro- and funds are authorized to be appropriated to gram of the Exxon Valdez Oil Spill Trustee (C) the public. carry out this section. Council. (d) ESTABLISHMENT OF SAINT FRANCIS DAM (g) EFFECT.—Nothing in this section affects (4) REGION.—The term ‘‘Region’’ means the DISASTER NATIONAL MONUMENT.— the operation, maintenance, replacement, or modification of existing water resource, Chugach Region, Alaska. (1) ESTABLISHMENT.—There is established (5) STUDY.—The term ‘‘study’’ means the as a national monument in the State certain flood control, utility, pipeline, or tele- communications facilities that are located study conducted under subsection (b)(1). National Forest System land administered (b) CHUGACH REGION LAND EXCHANGE by the Secretary in the county of Los Ange- outside the boundary of the Monument, sub- ject to the special use authorities of the Sec- STUDY.— les, California, comprising approximately 353 retary of Agriculture and other applicable (1) IN GENERAL.—Not later than 1 year after acres, as generally depicted on the map enti- laws. the date of enactment of this Act, the Sec- tled ‘‘Proposed Saint Francis Dam Disaster retary, in coordination with the Secretary of National Monument’’ and dated September SEC. 1112. OWYHEE WILDERNESS AREAS BOUND- ARY MODIFICATIONS. Agriculture and in consultation with CAC, 12, 2018, to be known as the ‘‘Saint Francis (a) BOUNDARY MODIFICATIONS.— shall conduct a study of land ownership and Dam Disaster National Monument’’. (1) NORTH FORK OWYHEE WILDERNESS.—The use patterns in the Region. (2) PURPOSE.—The purpose of the Monu- boundary of the North Fork Owyhee Wilder- (2) STUDY REQUIREMENTS.—The study ment is to conserve and enhance for the ben- ness established by section 1503(a)(1)(D) of shall— efit and enjoyment of the public the cul- the Omnibus Public Land Management Act (A) assess the social and economic impacts tural, archaeological, historical, watershed, of 2009 (Public Law 111–11; 123 Stat. 1033) is of the program, including impacts caused by educational, and recreational resources and modified to exclude certain land, as depicted split estate ownership patterns created by values of the Monument. on— Federal acquisitions under the program, on— (e) DUTIES OF THE SECRETARY WITH RE- (A) the Bureau of Land Management map (i) the Region; and SPECT TO MONUMENT.— entitled ‘‘North Fork Owyhee and Pole Creek (ii) CAC and CAC land; (1) MANAGEMENT PLAN.— Wilderness Aerial’’ and dated July 19, 2016; (B) identify sufficient acres of accessible (A) IN GENERAL.—Not later than 4 years and and economically viable Federal land that after the date of enactment of this Act, the (B) the Bureau of Land Management map can be offered in exchange for CAC land iden- Secretary shall develop a management plan entitled ‘‘North Fork Owyhee River Wilder- tified by CAC as available for exchange; and for the Monument. ness Big Springs Camp Zoom Aerial’’ and (C) provide recommendations for land ex- (B) CONSULTATION.—The management plan dated July 19, 2016. change options with CAC that would— shall be developed in consultation with— (2) OWYHEE RIVER WILDERNESS.—The bound- (i) consolidate ownership of the surface and (i) appropriate Federal agencies; ary of the Owyhee River Wilderness estab- mineral estate of Federal land under the pro- (ii) State, Tribal, and local governments; lished by section 1503(a)(1)(E) of the Omnibus gram; and and Public Land Management Act of 2009 (Public (ii) convey to CAC Federal land identified (iii) the public. Law 111–11; 123 Stat. 1033) is modified to ex- under subparagraph (B). (C) CONSIDERATIONS.—In developing and clude certain land, as depicted on— (c) REPORT.—Not later than 18 months implementing the management plan, the (A) the Bureau of Land Management map after the date of enactment of this Act, the Secretary shall, with respect to methods of entitled ‘‘North Fork Owyhee, Pole Creek, Secretary shall submit to the Committee on protecting and providing access to the Monu- and Owyhee River Wilderness Aerial’’ and Energy and Natural Resources of the Senate ment, consider the recommendations of the dated July 19, 2016; and the Committee on Natural Resources of Saint Francis Disaster National Memorial (B) the Bureau of Land Management map the House of Representatives a report de- Foundation, the Santa Clarita Valley Histor- entitled ‘‘Owyhee River Wilderness Kincaid scribing the results of the study, including— ical Society, and the Community Hiking Reservoir Zoom Aerial’’ and dated July 19, (1) a recommendation on options for 1 or Club of Santa Clarita. 2016; and more land exchanges; and (2) MANAGEMENT.—The Secretary shall (C) the Bureau of Land Management map (2) detailed information on— manage the Monument— entitled ‘‘Owyhee River Wilderness (A) the acres of Federal land identified for (A) in a manner that conserves and en- Dickshooter Road Zoom Aerial’’ and dated exchange; and hances the cultural and historic resources of July 19, 2016. (B) any other recommendations provided the Monument; and (3) POLE CREEK WILDERNESS.—The boundary by the Secretary. (B) in accordance with— of the Pole Creek Wilderness established by SEC. 1114. WILDFIRE TECHNOLOGY MODERNIZA- (i) the Forest and Rangeland Renewable section 1503(a)(1)(F) of the Omnibus Public TION. Resources Planning Act of 1974 (16 U.S.C. 1600 Land Management Act of 2009 (Public Law (a) PURPOSE.—The purpose of this section et seq.); 111–11; 123 Stat. 1033) is modified to exclude is to promote the use of the best available (ii) the laws generally applicable to the certain land, as depicted on— technology to enhance the effective and National Forest System; (A) the Bureau of Land Management map cost-efficient response to wildfires— (iii) this section; and entitled ‘‘North Fork Owyhee, Pole Creek, (1) to meet applicable protection objec- (iv) any other applicable laws. and Owyhee River Wilderness Aerial’’ and tives; and (3) USES.— dated July 19, 2016; and (2) to increase the safety of—

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(A) firefighters; and tractor shall not rely on the system for safe- ‘‘(e) MEDICAL PRIVACY OF FIREFIGHTERS.— (B) the public. ty; and The collection, storage, and transfer of any (b) DEFINITIONS.—In this section: (C) establish procedures for the collection, medical data collected under this section (1) SECRETARIES.—The term ‘‘Secretaries’’ storage, and transfer of data collected under shall be conducted in accordance with— means— this subsection to ensure— ‘‘(1) the privacy regulations promulgated (A) the Secretary of Agriculture; and (i) data security; and under section 264(c) of the Health Insurance (B) the Secretary. (ii) the privacy of wildland fire personnel. Portability and Accountability Act of 1996 (2) SECRETARY CONCERNED.—The term ‘‘Sec- (e) WILDLAND FIRE DECISION SUPPORT.— (42 U.S.C. 1320d–2 note; Public Law 104–191); retary concerned’’ means— (1) PROTOCOL.—To the maximum extent and (A) the Secretary of Agriculture, with re- practicable, the Secretaries shall ensure that ‘‘(2) other applicable regulations, including spect to activities under the Department of wildland fire management activities con- parts 160, 162, and 164 of title 45, Code of Fed- Agriculture; and ducted by the Secretaries, or conducted eral Regulations (as in effect on the date of (B) the Secretary, with respect to activi- jointly by the Secretaries and State wildland enactment of this subsection).’’. ties under the Department of the Interior. firefighting agencies, achieve compliance (h) RAPID RESPONSE EROSION DATABASE.— with applicable incident management objec- (c) UNMANNED AIRCRAFT SYSTEMS.— (1) IN GENERAL.—The Secretaries, in con- tives in a manner that— (1) DEFINITIONS.—In this subsection, the sultation with the Administrator of the Na- (A) minimizes firefighter exposure to the terms ‘‘unmanned aircraft’’ and ‘‘unmanned tional Aeronautics and Space Administra- lowest level necessary; and aircraft system’’ have the meanings given tion and the Secretary of Commerce, shall (B) reduces overall costs of wildfire inci- those terms in section 44801 of title 49, establish and maintain a database, to be dents. United States Code. known as the ‘‘Rapid Response Erosion Data- (2) WILDFIRE DECISION SUPPORT SYSTEM.— (2) ESTABLISHMENT OF PROGRAM.—Not later base’’ (referred to in this subsection as the (A) IN GENERAL.—The Secretaries, in co- than 180 days after the date of enactment of ‘‘Database’’). ordination with State wildland firefighting this Act, the Secretary, in consultation with (2) OPEN-SOURCE DATABASE.— agencies, shall establish a system or expand (A) AVAILABILITY.—The Secretaries shall the Secretary of Agriculture, shall establish an existing system to track and monitor de- make the Database (including the original a research, development, and testing pro- cisions made by the Secretaries or State source code)— gram, or expand an applicable existing pro- wildland firefighting agencies in managing (i) web-based; and gram, to assess unmanned aircraft system wildfires. technologies, including optionally piloted (ii) available without charge. (B) COMPONENTS.—The system established (B) COMPONENTS.—To the maximum extent aircraft, across the full range of wildland fire or expanded under subparagraph (A) shall be practicable, the Database shall provide for— management operations in order to accel- able to alert the Secretaries if— (i) the automatic incorporation of spatial erate the deployment and integration of (i) unusual costs are incurred; data relating to vegetation, soils, and ele- those technologies into the operations of the (ii) an action to be carried out would like- vation into an applicable map created by the Secretaries. ly— Secretary concerned that depicts the (3) EXPANDING USE OF UNMANNED AIRCRAFT (I) endanger the safety of a firefighter; or changes in land-cover and soil properties SYSTEMS ON WILDFIRES.—In carrying out the (II) be ineffective in meeting an applicable caused by a wildland fire; and program established under paragraph (2), the suppression or protection goal; or (ii) the generation of a composite map that Secretaries, in coordination with the Federal (iii) a decision regarding the management can be used by the Secretary concerned to Aviation Administration, State wildland of a wildfire deviates from— model the effectiveness of treatments in the firefighting agencies, and other relevant (I) an applicable protocol established by burned area to prevent flooding, erosion, and Federal agencies, shall enter into an agree- the Secretaries, including the requirement landslides under a range of weather sce- ment under which the Secretaries shall de- under paragraph (1); or narios. velop consistent protocols and plans for the (II) an applicable spatial fire management (3) USE.—The Secretary concerned shall use on wildland fires of unmanned aircraft plan or fire management plan of the Sec- use the Database, as applicable, in devel- system technologies, including for the devel- retary concerned. oping recommendations for emergency sta- opment of real-time maps of the location of (f) SMOKE PROJECTIONS FROM ACTIVE bilization treatments or modifications to wildland fires. WILDLAND FIRES.—The Secretaries shall es- (d) LOCATION SYSTEMS FOR WILDLAND FIRE- tablish a program, to be known as the drainage structures to protect values-at-risk FIGHTERS.— ‘‘Interagency Wildland Fire Air Quality Re- following a wildland fire. (1) IN GENERAL.—Not later than 2 years sponse Program’’, under which the Secretary (4) COORDINATION.—The Secretaries may after the date of enactment of this Act, sub- concerned— share the Database, and any results gen- ject to the availability of appropriations, the (1) to the maximum extent practicable, erated in using the Database, with any State Secretaries, in coordination with State shall assign 1 or more air resource advisors or unit of local government. wildland firefighting agencies, shall jointly to a type 1 incident management team man- (i) PREDICTING WHERE WILDFIRES WILL develop and operate a tracking system (re- aging a Federal wildland fire; and START.— ferred to in this subsection as the ‘‘system’’) (2) may assign 1 or more air resource advi- (1) IN GENERAL.—The Secretaries, in con- to remotely locate the positions of fire re- sors to a type 2 incident management team sultation with the Administrator of the Na- sources for use by wildland firefighters, in- managing a wildland fire. tional Aeronautics and Space Administra- cluding, at a minimum, any fire resources (g) FIREFIGHTER INJURIES DATABASE.— tion, the Secretary of Energy, and the Sec- assigned to Federal type 1 wildland fire inci- (1) IN GENERAL.—Section 9(a) of the Federal retary of Commerce, through the capabili- dent management teams. Fire Prevention and Control Act of 1974 (15 ties and assets located at the National Lab- (2) REQUIREMENTS.—The system shall— U.S.C. 2208(a)) is amended— oratories, shall establish and maintain a sys- (A) use the most practical and effective (A) in paragraph (2), by inserting ‘‘, cat- tem to predict the locations of future technology available to the Secretaries to egorized by the type of fire’’ after ‘‘such in- wildfires for fire-prone areas of the United remotely track the location of an active re- juries and deaths’’; and States. source, such as a Global Positioning System; (B) in paragraph (3), by striking ‘‘activi- (2) COOPERATION; COMPONENTS.—The system (B) depict the location of each fire resource ties;’’ and inserting the following: ‘‘activi- established under paragraph (1) shall be on the applicable maps developed under sub- ties, including— based on, and seek to enhance, similar sys- section (c)(3); ‘‘(A) all injuries sustained by a firefighter tems in existence on the date of enactment (C) operate continuously during the period and treated by a doctor, categorized by the of this Act, including the Fire Danger As- for which any firefighting personnel are as- type of firefighter; sessment System. signed to the applicable Federal wildland ‘‘(B) all deaths sustained while undergoing (3) USE IN FORECASTS.—Not later than 1 fire; and a pack test or preparing for a work capacity; year after the date of enactment of this Act, (D) be subject to such terms and conditions ‘‘(C) all injuries or deaths resulting from the Secretaries shall use the system estab- as the Secretary concerned determines nec- vehicle accidents; and lished under paragraph (1), to the maximum essary for the effective implementation of ‘‘(D) all injuries or deaths resulting from extent practicable, for purposes of devel- the system. aircraft crashes;’’. oping any wildland fire potential forecasts. (3) OPERATION.—The Secretary concerned (2) USE OF EXISTING DATA GATHERING AND (4) COORDINATION.—The Secretaries may shall— ANALYSIS ORGANIZATIONS.—Section 9(b)(3) of share the system established under para- (A) before commencing operation of the the Federal Fire Prevention and Control Act graph (1), and any results generated in using system— of 1974 (15 U.S.C. 2208(b)(3)) is amended by in- the system, with any State or unit of local (i) conduct not fewer than 2 pilot projects serting ‘‘, including the Center for Fire- government. relating to the operation, management, and fighter Injury Research and Safety Trends’’ (j) TERMINATION OF AUTHORITY.—The au- effectiveness of the system; and after ‘‘public and private’’. thority provided by this section terminates (ii) review the results of those pilot (3) MEDICAL PRIVACY OF FIREFIGHTERS.— on the date that is 10 years after the date of projects; Section 9 of the Federal Fire Prevention and enactment of this Act. (B) conduct training, and maintain a cul- Control Act of 1974 (15 U.S.C. 2208) is amend- (k) SAVINGS CLAUSE.—Nothing in this sec- ture, such that an employee, officer, or con- ed by adding at the end the following: tion—

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(1) requires the Secretary concerned to es- (1) IN GENERAL.—On the request of the pleted by not later than 18 months after the tablish a new program, system, or database State, the Secretary shall seek to acquire date of enactment of the Natural Resources to replace an existing program, system, or State land, or interests in State land, lo- Management Act.’’; database that meets the objectives of this cated within the Trail System by purchase (9) by striking paragraphs (2) and (8); section; or from a willing seller or exchange. (10) by redesignating paragraphs (3) (2) precludes the Secretary concerned from (2) ADMINISTRATION OF ACQUIRED LAND.— through (7) and (9) and (10) as paragraphs (2) using existing or future technology that— Any land acquired under this subsection through (6) and (7) and (8) respectively; and (A) is more efficient, safer, or better meets shall be administered as part of the Trail (11) by adding at the end the following: the needs of firefighters, other personnel, or System. ‘‘(9) AVAILABILITY OF MAP.—The map shall the public; and (h) FEES.—No fees shall be charged for ac- be on file and available for public inspection (B) meets the objectives of this section. cess to, or use of, the Trail System and asso- in the appropriate offices of the Bureau of ciated parking areas. SEC. 1115. MCCOY FLATS TRAIL SYSTEM. Land Management.’’. SEC. 1116. TECHNICAL CORRECTIONS TO CER- (a) DEFINITIONS.—In this section: (b) MODIFICATION OF UTILITY CORRIDOR.— TAIN LAWS RELATING TO FEDERAL The Secretary shall realign the utility cor- (1) COUNTY.—The term ‘‘County’’ means LAND IN THE STATE OF NEVADA. ridor established by section 301(a) of the Lin- Uintah County, Utah. (a) AMENDMENT TO CONVEYANCE OF FED- coln County Conservation, Recreation, and (2) DECISION RECORD.—The term ‘‘Decision ERAL LAND IN STOREY COUNTY, NEVADA.—Sec- Record’’ means the Decision Record prepared tion 3009(d) of the and Howard P. Development Act of 2004 (Public Law 108–424; by the Bureau of Land Management for the ‘‘Buck’’ McKeon National Defense Author- 118 Stat. 2412) to be aligned as generally de- Environmental Assessment for the McCoy ization Act for Fiscal Year 2015 (Public Law picted on the map entitled ‘‘Proposed Flats Trail System numbered DOI-BLM- 113–291; 128 Stat. 3751) is amended— LCCRDA Utility Corridor Realignment’’ and G010-2012-0057 and dated October 2012. (1) in paragraph (1)— dated March 14, 2017, by modifying the map (3) STATE.—The term ‘‘State’’ means the (A) by striking subparagraphs (B) through entitled ‘‘Lincoln County Conservation, State of Utah. (D) and redesignating subparagraph (E) as Recreation, and Development Act’’ (referred (4) TRAIL SYSTEM.—The term ‘‘Trail Sys- subparagraph (D); and to in this subsection as the ‘‘Map’’) and tem’’ means the McCoy Flats Trail System (B) by inserting after subparagraph (A) the dated October 1, 2004, by— established by subsection (b)(1). following: (1) removing the utility corridor from sec- (b) ESTABLISHMENT.— ‘‘(B) FEDERAL LAND.—The term ‘Federal tions 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. (1) IN GENERAL.—Subject to valid existing land’ means the land generally depicted as 68 E., of the Map; and rights, there is established the McCoy Flats ‘Federal land’ on the map. (2) redesignating the utility corridor so as Trail System in the State. ‘‘(C) MAP.—The term ‘map’ means the map to appear on the Map in— (2) AREA INCLUDED.—The Trail System entitled ‘Storey County Land Conveyance’ (A) sections 31, 32, and 33, T. 8 N., R. 68 E.; shall include public land administered by the and dated June 6, 2018.’’. (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E.; Bureau of Land Management in the County, (2) in paragraph (3)— and as described in the Decision Record. (A) in subparagraph (A)(i), by striking (C) sections 1 and 12, T. 7 N., 67 E. (c) MAP AND LEGAL DESCRIPTION.— ‘‘after completing the mining claim validity (c) FINAL CORRECTIVE PATENT IN CLARK (1) IN GENERAL.—As soon as practicable review under paragraph (2)(B), if requested COUNTY, NEVADA.— after the date of enactment of this Act, the by the County,’’; and (1) VALIDATION OF PATENT.—Patent number Secretary shall prepare a map and legal de- (B) in subparagraph (B)— 27–2005–0081, issued by the Bureau of Land scription of the Trail System. (i) in clause (i)— Management on February 18, 2005, is af- (2) AVAILABILITY; TRANSMITTAL TO CON- (I) in the matter preceding subclause (I), firmed and validated as having been issued GRESS.—The map and legal description pre- by striking ‘‘each parcel of land located in a pursuant to, and in compliance with, the Ne- pared under paragraph (1) shall be— mining townsite’’ and inserting ‘‘any Federal vada-Florida Land Exchange Authorization (A) available in appropriate offices of the land’’; Act of 1988 (Public Law 100–275; 102 Stat. 52), Bureau of Land Management; and (II) in subclause (I), by striking ‘‘mining the National Environmental Policy Act of (B) transmitted by the Secretary to— townsite’’ and inserting ‘‘Federal land’’; and 1969 (42 U.S.C. 4321 et seq.), and the Federal (i) the Committee on Natural Resources of (III) in subclause (II), by striking ‘‘mining Land Policy and Management Act of 1976 (43 the House of Representatives; and townsite (including improvements to the U.S.C. 1701 et seq.) for the benefit of the (ii) the Committee on Energy and Natural mining townsite), as identified for convey- desert tortoise, other species, and the habi- Resources of the Senate. ance on the map’’ and inserting ‘‘Federal tat of the desert tortoise and other species to (3) FORCE AND EFFECT.—The map and legal land (including improvements)’’; increase the likelihood of the recovery of the description prepared under paragraph (1) (ii) by striking clause (ii); desert tortoise and other species. shall have the same force and effect as if in- (iii) by striking the subparagraph designa- (2) RATIFICATION OF RECONFIGURATION.—The cluded in this section, except that the Sec- tion and heading and all that follows process used by the United States Fish and retary may correct any clerical or typo- through ‘‘With respect’’ in the matter pre- Wildlife Service and the Bureau of Land graphical errors in the map and legal de- ceding subclause (I) of clause (i) and insert- Management in reconfiguring the land de- scription. ing the following: scribed in paragraph (1), as depicted on Ex- (d) ADMINISTRATION.—The Secretary shall ‘‘(B) VALID MINING CLAIMS.—With respect’’; hibit 1–4 of the Final Environmental Impact administer the Trail System in accordance and Statement for the Planned Development with— (iv) by redesignating subclauses (I) and (II) Project MSHCP, Lincoln County, NV (FWS– (1) the Federal Land Policy and Manage- as clauses (i) and (ii), respectively, and in- R8–ES–2008–N0136), and the reconfiguration ment Act of 1976 (43 U.S.C. 1701 et seq.); denting appropriately; provided for in special condition 10 of the (2) this section; and (3) in paragraph (4)(A), by striking ‘‘a min- Corps of Engineers Permit No. 000005042, are (3) other applicable law. ing townsite conveyed under paragraph ratified. (e) MANAGEMENT PLAN.— (3)(B)(i)(II)’’ and inserting ‘‘Federal land con- (d) ISSUANCE OF CORRECTIVE PATENT IN LIN- (1) IN GENERAL.—Not later than 2 years veyed under paragraph (2)(B)(ii)’’; COLN COUNTY, NEVADA.— after the date of enactment of this Act, the (4) in paragraph (5), by striking ‘‘a mining (1) IN GENERAL.—The Secretary, acting Secretary, in consultation and coordination townsite under paragraph (3)’’ and inserting through the Director of the Bureau of Land with the County and affected Indian Tribes, ‘‘Federal land under paragraph (2)’’; Management, may issue a corrective patent shall prepare a management plan for the (5) in paragraph (6), in the matter pre- for the 7,548 acres of land in Lincoln County, Trail System. ceding subparagraph (A), by striking ‘‘min- Nevada, depicted on the map prepared by the (2) PUBLIC COMMENT.—The management ing townsite’’ and inserting ‘‘Federal land’’; Bureau of Land Management entitled ‘‘Pro- plan shall be developed with opportunities (6) in paragraph (7), by striking ‘‘A mining posed Lincoln County Land Reconfigura- for public comment. townsite to be conveyed by the United tion’’ and dated January 28, 2016. (3) INTERIM MANAGEMENT.—Until the com- States under paragraph (3)’’ and inserting (2) APPLICABLE LAW.—A corrective patent pletion of the management plan, the Trail ‘‘The exterior boundary of the Federal land issued under paragraph (1) shall be treated as System shall be administered in accordance to be conveyed by the United States under issued pursuant to, and in compliance with, with the Decision Record. paragraph (2)’’; the Nevada-Florida Land Exchange Author- (4) RECREATIONAL OPPORTUNITIES.—In de- (7) in paragraph (9)— ization Act of 1988 (Public Law 100–275; 102 veloping the management plan, the Sec- (A) by striking ‘‘a mining townsite under Stat. 52). retary shall seek to provide for new moun- paragraph (3)’’ and inserting ‘‘the Federal (e) CONVEYANCE TO LINCOLN COUNTY, NE- tain bike route and trail construction to in- land under paragraph (2)’’; and VADA, TO SUPPORT A LANDFILL.— crease recreational opportunities within the (B) by striking ‘‘the mining townsite’’ and (1) IN GENERAL.—As soon as practicable Trail System, consistent with this section. inserting ‘‘the Federal land’’; after the date of enactment of this Act, and (f) USES.—The Trail System shall be used (8) in paragraph (10), by striking ‘‘the ex- subject to valid existing rights, at the re- for nonmotorized mountain bike recreation, amination’’ and all that follows through the quest of Lincoln County, Nevada, the Sec- as described in the Decision Record. period at the end and inserting ‘‘the convey- retary shall convey without consideration (g) ACQUISITION.— ance under paragraph (2) should be com- under the Act of June 14, 1926 (commonly

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known as the ‘‘Recreation and Public Pur- (3) RECREATION AREA.—The term ‘‘Recre- (A) IN GENERAL.—Necessary maintenance poses Act’’) (44 Stat. 741, chapter 578; 43 ation Area’’ means the Ashley Karst Na- or repairs to existing roads designated in the U.S.C. 869 et seq.), to Lincoln County all tional Recreation and Geologic Area estab- Management Plan for the use of motorized right, title and interest of the United States lished by subsection (b)(1). vehicles, including necessary repairs to keep in and to approximately 400 acres of land in (4) SECRETARY.—The term ‘‘Secretary’’ existing roads free of debris or other safety Lincoln County, Nevada, more particularly means the Secretary of Agriculture. hazards, shall be permitted after the date of described as follows: T. 11 S., R. 62, E., Sec- (5) STATE.—The term ‘‘State’’ means the enactment of this Act, consistent with the tion 25 E 1⁄2 of W 1⁄2; and W 1⁄2 of E 1⁄2; and E State of Utah. requirements of this section. 1⁄2 of SE 1⁄4. (b) ESTABLISHMENT.— (B) REROUTING.—Nothing in this subsection (2) RESERVATION.—The Secretary shall re- (1) IN GENERAL.—Subject to valid existing prevents the Secretary from rerouting an ex- serve to the United States the mineral estate rights, there is established the Ashley Karst isting road or trail to protect Recreation in any land conveyed under paragraph (1). National Recreation and Geologic Area in Area resources from degradation, or to pro- (3) USE OF CONVEYED LAND.—The land con- the State. tect public safety, as determined to be appro- veyed under paragraph (1) shall be used by (2) AREA INCLUDED.—The Recreation Area priate by the Secretary. Lincoln County, Nevada, to provide a suit- shall consist of approximately 173,475 acres (4) OVER SNOW VEHICLES.— able location for the establishment of a cen- of land in the Ashley National Forest, as (A) IN GENERAL.—Nothing in this section tralized landfill and to provide a designated generally depicted on the Map. prohibits the use of snowmobiles and other area and authorized facilities to discourage (c) PURPOSES.—The purposes of the Recre- over snow vehicles within the Recreation unauthorized dumping and trash disposal on ation Area are to conserve and protect the Area. environmentally-sensitive public land. Lin- watershed, geological, recreational, wildlife, (B) WINTER RECREATION USE PLAN.—Not coln County may not dispose of the land con- scenic, natural, cultural, and historic re- later than 2 years after the date of enact- veyed under paragraph (1). sources of the Recreation Area. ment of this Act, the Secretary shall under- (4) REVERSION.—If Lincoln County, Nevada, (d) MAP AND LEGAL DESCRIPTION.— take a winter recreation use planning proc- ceases to use any parcel of land conveyed (1) IN GENERAL.—As soon as practicable ess, which shall include opportunities for use under paragraph (1) for the purposes de- after the date of enactment of this Act, the by snowmobiles or other over snow vehicles scribed in paragraph (3)— Secretary shall prepare and submit to the in appropriate areas of the Recreation Area. (A) title to the parcel shall revert to the Committee on Natural Resources and the (5) APPLICABLE LAW.—Activities authorized Secretary, at the option of the Secretary; Committee on Agriculture of the House of under this subsection shall be consistent and Representatives and the Committee on En- with the applicable forest plan and travel (B) Lincoln County shall be responsible for ergy and Natural Resources of the Senate a management plan for, and any law (including any reclamation necessary to restore the map and legal description of the Recreation regulations) applicable to, the Ashley Na- parcel to a condition acceptable to the Sec- Area. tional Forest. retary. (2) EFFECT.—The map and legal description (h) WATER INFRASTRUCTURE.— (f) MT. MORIAH WILDERNESS, HIGH SCHELLS prepared under paragraph (1) shall have the (1) EXISTING ACCESS.—The designation of WILDERNESS, AND WILDERNESS same force and effect as if included in this the Recreation Area shall not affect the abil- BOUNDARY ADJUSTMENTS.— section, except that the Secretary may cor- ity of authorized users to access, operate, (1) AMENDMENTS TO THE PAM WHITE WILDER- rect minor errors in the map or legal descrip- and maintain water infrastructure facilities NESS ACT OF 2006.—Section 323 of the Pam tion. within the Recreation Area in accordance White Wilderness Act of 2006 (16 U.S.C. 1132 (3) AVAILABILITY.—A copy of the map and with applicable authorizations and permits. note; 120 Stat. 3031) is amended by striking legal description prepared under paragraph (2) COOPERATIVE AGREEMENTS.— subsection (e) and inserting the following: (1) shall be on file and available for public in- (A) IN GENERAL.—The Secretary shall offer ‘‘(e) MT. MORIAH WILDERNESS ADJUST- spection in the appropriate offices of the to enter into a cooperative agreement with MENT.—The boundary of the Mt. Moriah Wil- Forest Service. authorized users and local governmental en- derness established under section 2(13) of the tities to provide, in accordance with any ap- Nevada Wilderness Protection Act of 1989 (16 (e) ADMINISTRATION.— plicable law (including regulations)— U.S.C. 1132 note) is adjusted to include— (1) IN GENERAL.—The Secretary shall ad- (i) access, including motorized access, for ‘‘(1) the land identified as the ‘Mount minister the Recreation Area in accordance repair and maintenance to water infrastruc- Moriah Wilderness Area’ and ‘Mount Moriah with— ture facilities within the Recreation Area, Additions’ on the map entitled ‘Eastern (A) the laws generally applicable to the including Whiterocks Reservoir, subject to White Pine County’ and dated November 29, National Forest System, including the For- such terms and conditions as the Secretary 2006; and est and Rangeland Renewable Resources determines to be necessary; and ‘‘(2) the land identified as ‘NFS Lands’ on Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) access and maintenance by authorized the map entitled ‘Proposed Wilderness (B) this section; and users and local governmental entities for the Boundary Adjustment Mt. Moriah Wilder- (C) any other applicable law. continued delivery of water to the Ashley ness Area’ and dated January 19, 2017. (2) MANAGEMENT PLAN.— Valley if water flows cease or become dimin- ‘‘(f) HIGH SCHELLS WILDERNESS ADJUST- (A) IN GENERAL.—Not later than 2 years ished due to impairment of the karst system, MENT.—The boundary of the High Schells after the date of enactment of this Act, the Wilderness established under subsection Secretary shall prepare a management plan subject to such terms and conditions as the (a)(11) is adjusted— for the Recreation Area. Secretary determines to be necessary. ‘‘(1) to include the land identified as ‘In- (B) CONSULTATION.—The Secretary shall— (i) GRAZING.—The grazing of livestock in clude as Wilderness’ on the map entitled (i) prepare the management plan in con- the Recreation Area, where established be- ‘McCoy Creek Adjustment’ and dated No- sultation and coordination with Uintah fore the date of enactment of this Act, shall vember 3, 2014; and County, Utah, and affected Indian Tribes; be allowed to continue, subject to such rea- ‘‘(2) to exclude the land identified as ‘NFS and sonable regulations, policies, and practices Lands’ on the map entitled ‘Proposed Wilder- (ii) provide for public input in the prepara- as the Secretary considers to be necessary in ness Boundary Adjustment High Schells Wil- tion of the management plan. accordance with— derness Area’ and dated January 19, 2017.’’. (f) USES.—The Secretary shall only allow (1) applicable law (including regulations); (2) AMENDMENTS TO THE NEVADA WILDER- such uses of the Recreation Area that (2) the purposes of the Recreation Area; NESS PROTECTION ACT OF 1989.—The Nevada would— and Wilderness Protection Act of 1989 (Public (1) further the purposes for which the (3) the guidelines set forth in the report of Law 101–195; 16 U.S.C. 1132 note) is amended Recreation Area is established; and the Committee on Interior and Insular Af- by adding at the end the following: (2) promote the long-term protection and fairs of the House of Representatives accom- ‘‘SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. management of the watershed and under- panying H.R. 5487 of the 96th Congress (H. ‘‘The boundary of the Arc Dome Wilderness ground karst system of the Recreation Area. Rept. 96–617). established under section 2(2) is adjusted to (g) MOTORIZED VEHICLES.— (j) FISH AND WILDLIFE.—Nothing in this exclude the land identified as ‘Exclude from (1) IN GENERAL.—Except as needed for section affects the jurisdiction of the State Wilderness’ on the map entitled ‘Arc Dome emergency response or administrative pur- with respect to the management of fish and Adjustment’ and dated November 3, 2014.’’. poses, the use of motorized vehicles in the wildlife on Federal land in the State. SEC. 1117. ASHLEY KARST NATIONAL RECRE- Recreation Area shall be permitted only on (k) WILDLIFE WATER PROJECTS.—The Sec- ATION AND GEOLOGIC AREA. roads and motorized routes designated in the retary, in consultation with the State, may (a) DEFINITIONS.—In this section: Management Plan for the use of motorized authorize wildlife water projects (including (1) MANAGEMENT PLAN.—The term ‘‘Man- vehicles. guzzlers) within the Recreation Area. agement Plan’’ means the management plan (2) NEW ROADS.—No new permanent or tem- (l) WATER RIGHTS.—Nothing in this sec- for the Recreation Area prepared under sub- porary roads or other motorized vehicle tion— section (e)(2)(A). routes shall be constructed within the Recre- (1) constitutes an express or implied res- (2) MAP.—The term ‘‘Map’’ means the map ation Area after the date of enactment of ervation by the United States of any water entitled ‘‘Northern Utah Lands Management this Act. rights with respect to the Recreation Area; Act-Overview’’ and dated February 4, 2019. (3) EXISTING ROADS.— (2) affects any water rights in the State;

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House of Representatives. and Insular Affairs of the House of Rep- (m) WITHDRAWAL.—Subject to valid exist- (2) EFFECT.—The map and legal description resentatives accompanying H.R. 2570 of the ing rights, all Federal land in the Recreation prepared under paragraph (1) shall have the 101st Congress (House Report 101–405). Area is withdrawn from— same force and effect as if included in this (j) FISH AND WILDLIFE.—Nothing in this (1) all forms of entry, appropriation, and section, except that the Secretary may cor- section affects the jurisdiction of the State disposal under the public land laws; rect minor errors in the map or legal descrip- of Utah with respect to the management of fish and wildlife on Federal land in the (2) location, entry, and patent under the tion. State. mining laws; and (3) AVAILABILITY.—A copy of the map and ILDLIFE WATER PROJECTS.—The Sec- legal description shall be on file and avail- (k) W (3) operation of the mineral leasing, min- retary, in consultation with the State of able for public inspection in the appropriate eral materials, and geothermal leasing laws. Utah, may authorize wildlife water projects EGETATION MANAGEMENT.—Nothing in offices of the Bureau of Land Management. (n) V (including guzzlers) within the National Con- this section prevents the Secretary from (e) MANAGEMENT.—The Secretary shall manage the National Conservation Area— servation Area. conducting vegetation management projects, (l) GREATER SAGE-GROUSE CONSERVATION (1) in a manner that conserves, protects, including fuels reduction activities, within PROJECTS.—Nothing in this section affects the Recreation Area for the purposes of im- and enhances the resources of the National the authority of the Secretary to undertake proving water quality and reducing risks Conservation Area; Greater sage-grouse (Centrocercus from wildfire. (2) in accordance with— urophasianus) conservation projects to main- (o) WILDLAND FIRE OPERATIONS.—Nothing (A) the Federal Land Policy and Manage- tain and improve Greater sage-grouse habi- in this section prohibits the Secretary, in ment Act of 1976 (43 U.S.C. 1701 et seq.); tat, including the management of vegetation consultation with other Federal, State, (B) this section; and through mechanical means, to further the local, and Tribal agencies, as appropriate, (C) any other applicable law; and purposes of the National Conservation Area. from conducting wildland fire treatment op- (3) as a component of the National Land- (m) WATER RIGHTS.—Nothing in this sec- erations or restoration operations in the scape Conservation System. tion— Recreation Area, consistent with the pur- (4) MANAGEMENT PLAN.— (1) constitutes an express or implied res- poses of this section. (A) IN GENERAL.—Not later than 2 years ervation by the United States of any water (p) RECREATION FEES.—Except for fees for after the date of enactment of this Act, the rights with respect to the National Con- improved campgrounds, the Secretary is pro- Secretary shall develop a management plan servation Area; hibited from collecting recreation entrance for the National Conservation Area. (2) affects any water rights in the State; or recreation use fees within the Recreation (B) CONSULTATION.—The Secretary shall (3) affects the use or allocation, in exist- Area. prepare the management plan— ence on the date of enactment of this Act, of (q) COMMUNICATION INFRASTRUCTURE.— (i) in consultation and coordination with any water, water right, or interest in water; Nothing in this section affects the continued the State of Utah, Uintah County, and af- (4) affects any vested absolute or decreed use of, and access to, communication infra- fected Indian Tribes; and conditional water right in existence on the structure (including necessary upgrades) (ii) after providing for public input. date of enactment of this Act, including any within the Recreation Area, in accordance (f) USES.—The Secretary shall only allow water right held by the United States; with applicable authorizations and permits. such uses of the National Conservation Area (5) affects any interstate water compact in (r) NON-FEDERAL LAND.— as the Secretary determines would further existence on the date of enactment of this (1) IN GENERAL.—Nothing in this section af- the purposes for which the National Con- Act; or fects non-Federal land or interests in non- servation is established. (6) shall be considered to be a relinquish- Federal land within the Recreation Area. (g) ACQUISITION.— ment or reduction of any water rights re- (2) ACCESS.—The Secretary shall provide (1) IN GENERAL.—The Secretary may ac- served or appropriated by the United States reasonable access to non-Federal land or in- quire land or interests in land within the in the State on or before the date of enact- terests in non-Federal land within the Recre- boundaries of the National Conservation ment of this Act. ation Area. Area by purchase from a willing seller, dona- (n) NO BUFFER ZONES.— (s) OUTFITTING AND GUIDE ACTIVITIES.— tion, or exchange. (1) IN GENERAL.—Nothing in this section Outfitting and guide services within the (2) INCORPORATION IN NATIONAL CONSERVA- creates a protective perimeter or buffer zone Recreation Area, including commercial out- TION AREA.—Any land or interest in land lo- around the National Conservation Area. fitting and guide services, are authorized in cated inside the boundary of the National (2) ACTIVITIES OUTSIDE NATIONAL CONSERVA- accordance with this section and other appli- Conservation Area that is acquired by the TION AREA.—The fact that an authorized ac- cable law (including regulations). United States after the date of enactment of tivity or use on land outside the National SEC. 1118. JOHN WESLEY POWELL NATIONAL this Act shall be added to and administered Conservation Area can be seen or heard with- CONSERVATION AREA. as part of the National Conservation Area. in the National Conservation Area shall not (a) DEFINITIONS.—In this section: (3) STATE LAND.—On request of the Utah preclude the activity or use outside the (1) MAP.—The term ‘‘Map’’ means the Bu- School and Institutional Trust Lands Ad- boundary of the Area. reau of Land Management map entitled ministration and, if practicable, not later (o) WITHDRAWAL.— ‘‘Proposed John Wesley Powell National than 5 years after the date of enactment of (1) IN GENERAL.—Subject to valid existing Conservation Area’’ and dated December 10, this Act, the Secretary shall seek to acquire rights, all Federal land in the National Con- 2018. all State-owned land within the boundaries servation Area (including any land acquired (2) NATIONAL CONSERVATION AREA.—The of the National Conservation Area by ex- after the date of enactment of this Act) is term ‘‘National Conservation Area’’ means change or purchase, subject to the appropria- withdrawn from— the John Wesley Powell National Conserva- tion of necessary funds. (A) all forms of entry, appropriation, and tion Area established by subsection (b)(1). (h) MOTORIZED VEHICLES.— disposal under the public land laws; (b) ESTABLISHMENT.— (1) IN GENERAL.—Subject to paragraph (2), (B) location, entry, and patent under the (1) IN GENERAL.—Subject to valid existing except in cases in which motorized vehicles mining laws; and rights, there is established the John Wesley are needed for administrative purposes or to (C) operation of the mineral leasing, min- Powell National Conservation Area in the respond to an emergency, the use of motor- eral materials, and geothermal leasing laws. State of Utah. ized vehicles in the National Conservation (p) VEGETATION MANAGEMENT.—Nothing in (2) AREA INCLUDED.—The National Con- Area shall be permitted only on roads des- this section prevents the Secretary from servation Area shall consist of approxi- ignated in the management plan. conducting vegetation management projects, mately 29,868 acres of public land adminis- (2) USE OF MOTORIZED VEHICLES PRIOR TO including fuels reduction activities, within tered by the Bureau of Land Management as COMPLETION OF MANAGEMENT PLAN.—Prior to the National Conservation Area that are generally depicted on the Map. completion of the management plan, the use consistent with this section and that further (c) PURPOSES.—The purposes of the Na- of motorized vehicles within the National the purposes of the National Conservation tional Conservation Area are to conserve, Conservation Area shall be permitted in ac- Area.

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(q) WILDLAND FIRE OPERATIONS.—Nothing (ii) has not received an allotment made tions, shall identify Federal land adminis- in this section prohibits the Secretary, in pursuant to— tered by the Bureau of Land Management as consultation with other Federal, State, (I) the Act of May 17, 1906 (34 Stat. 197, available Federal land for allotment selec- local, and Tribal agencies, as appropriate, chapter 2469) (as in effect on December 17, tion in the State by eligible individuals. from conducting wildland fire prevention 1971); (B) CERTIFICATION; SURVEY.—The Secretary and restoration operations in the National (II) section 14(h)(5) of the Alaska Native shall— Conservation Area, consistent with the pur- Claims Settlement Act (43 U.S.C. 1613(h)(5)); (i) certify that the available Federal land poses of this section. or identified under subparagraph (A) is free of (r) RECREATION FEES.—Except for improved (III) section 41 of the Alaska Native Claims known contamination; and campgrounds, the Secretary is prohibited Settlement Act (43 U.S.C. 1629g); or (ii) survey the available Federal land iden- from collecting recreation entrance or use (B) is the personal representative of the es- tified under subparagraph (A) into aliquot fees within the National Conservation Area. tate of a deceased eligible individual de- parts and lots, segregating all navigable and (s) OUTFITTING AND GUIDE ACTIVITIES.— scribed in subparagraph (A), who has been meanderable waters and land not available Outfitting and guide services within the Na- duly appointed in the appropriate Alaska for allotment selection. tional Conservation Area, including commer- State court or a registrar has qualified, act- (C) MAPS.—As soon as practicable after the cial outfitting and guide services, are au- ing for the benefit of the heirs of the estate date on which available Federal land is iden- thorized in accordance with this section and of a deceased eligible individual described in tified under subparagraph (A), the Secretary other applicable law (including regulations). subparagraph (A). shall submit to Congress, and publish in the (t) NON-FEDERAL LAND.— (3) NATIVE; REGIONAL CORPORATION; VILLAGE Federal Register, 1 or more maps depicting (1) IN GENERAL.—Nothing in this section af- CORPORATION.—The terms ‘‘Native’’, ‘‘Re- the identified available Federal land. fects non-Federal land or interests in non- gional Corporation’’, and ‘‘Village Corpora- (D) CONVEYANCES.—Any available Federal Federal land within the National Conserva- tion’’ have the meanings given those terms land conveyed to an eligible individual under tion Area. in section 3 of the Alaska Native Claims Set- this paragraph shall be subject to— (2) REASONABLE ACCESS.—The Secretary tlement Act (43 U.S.C. 1602). (i) valid existing rights; and shall provide reasonable access to non-Fed- (4) STATE.—The term ‘‘State’’ means the (ii) the reservation of minerals to the eral land or interests in non-Federal land State of Alaska. United States. within the National Conservation Area. (5) VETERAN.—The term ‘‘veteran’’ has the (E) INTENT OF CONGRESS.—It is the intent of (u) RESEARCH AND INTERPRETIVE MANAGE- meaning given the term in section 101 of Congress that not later than 1 year after the MENT.—The Secretary may establish pro- title 38, United States Code. date on which an eligible individual submits grams and projects for the conduct of sci- (b) ALLOTMENTS FOR ELIGIBLE INDIVID- an allotment selection application for avail- entific, historical, cultural, archeological, UALS.— able Federal land that meets the require- and natural studies through the use of public (1) INFORMATION TO DETERMINE ELIGI- ments of this section, as determined by the and private partnerships that further the BILITY.— Secretary, the Secretary shall issue to the purposes of the National Conservation Area. (A) IN GENERAL.—Not later than 180 days eligible individual a certificate of allotment SEC. 1119. ALASKA NATIVE VIETNAM ERA VET- after the date of enactment of this Act, the with respect to the available Federal land ERANS LAND ALLOTMENT. Secretary of Defense, in coordination with covered by the allotment selection applica- (a) DEFINITIONS.—In this section: the Secretary of Veterans Affairs, shall pro- tion, subject to the requirements of subpara- (1) AVAILABLE FEDERAL LAND.— vide to the Secretary a list of all members of graph (D). (A) IN GENERAL.—The term ‘‘available Fed- the Armed Forces who served during the pe- (c) IDENTIFICATION OF AVAILABLE FEDERAL eral land’’ means Federal land in the State riod between August 5, 1964, and December LAND IN UNITS OF THE NATIONAL WILDLIFE that— 31, 1971. REFUGE SYSTEM.— (i) is vacant, unappropriated, and unre- (B) USE.—The Secretary shall use the in- (1) REPORT.—Not later than 1 year after served and is identified as available for selec- formation provided under subparagraph (A) the date of enactment of this Act, the Sec- tion under subsection (b)(5); or to determine whether an individual meets retary shall— (ii) has been selected by, but not yet con- the military service requirements under sub- (A) conduct a study to determine whether veyed to— section (a)(2)(A)(i). any additional Federal lands within units of (I) the State, if the State agrees to volun- (C) OUTREACH AND ASSISTANCE.—The Sec- the National Wildlife Refuge System in the tarily relinquish the selection of the Federal retary, in coordination with the Secretary of State should be made available for allotment land for selection by an eligible individual; Veterans Affairs, shall conduct outreach, selection; and or and provide assistance in applying for allot- (B) report the findings and conclusions of (II) a Regional Corporation or a Village ments, to eligible individuals. the study to Congress. Corporation, if the Regional Corporation or (2) REGULATIONS.—Not later than 18 (2) CONTENT OF THE REPORT.—The Sec- Village Corporation agrees to voluntarily re- months after the date of enactment of this retary shall include in the report required linquish the selection of the Federal land for section, the Secretary shall promulgate reg- under paragraph (1)— selection by an eligible individual. ulations to carry out this subsection. (A) the Secretary’s determination whether (B) EXCLUSIONS.—The term ‘‘available Fed- (3) SELECTION BY ELIGIBLE INDIVIDUALS.— Federal lands within units of the National eral land’’ does not include any Federal land (A) IN GENERAL.—An eligible individual— Wildlife Refuge System in the State should in the State that is— (i) may select 1 parcel of not less than 2.5 be made available for allotment selection by (i)(I) a right-of-way of the TransAlaska acres and not more than 160 acres of avail- eligible individuals; and Pipeline; or able Federal land; and (B) identification of the specific areas (in- (II) an inner or outer corridor of such a (ii) on making a selection pursuant to cluding maps) within units of the National right-of-way; clause (i), shall submit to the Secretary an Wildlife Refuge System in the State that the (ii) withdrawn or acquired for purposes of allotment selection application for the appli- Secretary determines should be made avail- the Armed Forces; cable parcel of available Federal land. able, consistent with the mission of the Na- (iii) under review for a pending right-of- (B) SELECTION PERIOD.—An eligible indi- tional Wildlife Refuge System and the spe- way for a natural gas corridor; vidual may apply for an allotment during cific purposes for which the unit was estab- (iv) within the Arctic National Wildlife the 5-year period beginning on the effective lished, and this subsection. Refuge; date of the final regulations issued under (3) FACTORS TO BE CONSIDERED.—In deter- (v) within a unit of the National Forest paragraph (2). mining whether Federal lands within units System; (4) CONFLICTING SELECTIONS.—If 2 or more of the National Wildlife Refuge System in (vi) designated as wilderness by Congress; eligible individuals submit to the Secretary the State should be made available under (vii) within a unit of the National Park an allotment selection application under paragraph (1)(A), the Secretary shall take System, a National Preserve, or a National paragraph (3)(A)(ii) for the same parcel of into account— Monument; available Federal land, the Secretary shall— (A) the proximity of the Federal land made (viii) within a component of the National (A) give preference to the selection appli- available for allotment selection under sub- Trails System; cation received on the earliest date; and section (b)(5) to eligible individuals; (ix) within a component of the National (B) provide to each eligible individual the (B) the proximity of the units of the Na- Wild and Scenic Rivers System; or selection application of whom is rejected tional Wildlife Refuge System in the State (x) within the National Petroleum Re- under subparagraph (A) an opportunity to se- to eligible individuals; and serve–Alaska. lect a substitute parcel of available Federal (C) the amount of additional Federal land (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- land. within units of the National Wildlife Refuge ble individual’’ means an individual who, as (5) IDENTIFICATION OF AVAILABLE FEDERAL System in the State that the Secretary esti- determined by the Secretary in accordance LAND ADMINISTERED BY THE BUREAU OF LAND mates would be necessary to make allot- with subsection (c)(1), is— MANAGEMENT.— ments available for selection by eligible indi- (A) a Native veteran— (A) IN GENERAL.—Not later than 1 year viduals. (i) who served in the Armed Forces during after the date of enactment of this Act, the (4) IDENTIFYING FEDERAL LAND IN UNITS OF the period between August 5, 1964, and De- Secretary, in consultation with the State, THE NATIONAL WILDLIFE REFUGE SYSTEM.—In cember 31, 1971; and Regional Corporations, and Village Corpora- identifying whether Federal lands within

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units of the National Wildlife Refuge System known as a ‘‘cut bank’’) along the southerly (c) SURVEY OF INDIVIDUAL PARCELS.—Sur- in the State should be made available for al- or right side of the Red River that— veys of individual parcels in the affected lotment under paragraph (2)(B), the Sec- (A) separates the bed of that river from the area shall be conducted in accordance with retary shall not identify any Federal land in adjacent upland, whether valley or hill; and the boundary survey approved under sub- a unit of the National Wildlife Refuge Sys- (B) usually serves, as specified in the fifth section (b)(2). tem— paragraph of Oklahoma v. Texas, 261 U.S. 340 (d) NOTICE AND AVAILABILITY OF SURVEY.— (A) the conveyance of which, independ- (1923)— Not later than 60 days after the date on ently or as part of a group of allotments— (i) to confine the waters within the bed; which the boundary survey is approved under (i) could significantly interfere with bio- and subsection (b)(2), the Secretary shall— logical, physical, cultural, scenic, rec- (ii) to preserve the course of the river. (1) publish notice of the approval of the reational, natural quiet, or subsistence val- (6) SOUTH BANK BOUNDARY LINE.—The term survey in— ues of the unit of the National Wildlife Ref- ‘‘South Bank boundary line’’ means the (A) the Federal Register; and uge System; boundary, with respect to title and owner- (B) 1 or more local newspapers; and (ii) could obstruct access by the public or ship, between the States of Oklahoma and (2) on request, furnish to any landowner a the Fish and Wildlife Service to the resource Texas identified through the gradient bound- copy of— values of the unit; ary survey method that does not impact or (A) the survey; and (iii) could trigger development or future alter the permanent political boundary line (B) any field notes relating to— between the States along the Red River, as uses in an area that would adversely affect (i) the individual parcel of the landowner; resource values of the surrounding National outlined under article II, section B of the or Wildlife Refuge System land; Red River Boundary Compact enacted by the (ii) any individual parcel adjacent to the (iv) could open an area of a unit to new ac- States and consented to by Congress pursu- individual parcel of the landowner. cess and uses that adversely affect resources ant to Public Law 106–288 (114 Stat. 919). values of the unit; or (b) SURVEY OF SOUTH BANK BOUNDARY (e) EFFECT OF SECTION.—Nothing in this (v) could interfere with the management LINE.— section— plan of the unit; (1) SURVEY REQUIRED.— (1) modifies any interest of the State of (B) that is located within 300 feet from the (A) IN GENERAL.—The Secretary shall com- Oklahoma or Texas, or the sovereignty, shore of a navigable water body; mission a survey to identify the South Bank property, or trust rights of any federally rec- (C) that is not consistent with the purposes boundary line in the affected area. ognized Indian Tribe, relating to land lo- for which the unit of the National Wildlife (B) REQUIREMENTS.—The survey shall— cated north of the South Bank boundary Refuge System was established; (i) adhere to the gradient boundary survey line, as established by the survey; (D) that is designated as wilderness by method; (2) modifies any land patented under the Congress; or (ii) span the length of the affected area; Act of December 22, 1928 (45 Stat. 1069, chap- (E) that is within the Arctic National (iii) be conducted by 1 or more independent ter 47; 43 U.S.C. 1068) (commonly known as Wildlife Refuge. third-party surveyors that are— the ‘‘Color of Title Act’’), before the date of (d) LIMITATION.—No Federal land may be (I) licensed and qualified to conduct offi- enactment of this Act; identified for selection or made available for cial gradient boundary surveys; and (3) modifies or supersedes the Red River allotment within a unit of the National (II) selected by the Secretary, in consulta- Boundary Compact enacted by the States of Wildlife Refuge System unless it has been tion with— Oklahoma and Texas and consented to by authorized by an Act of Congress subsequent (aa) the Texas General Land Office; Congress pursuant to Public Law 106–288 (114 to the date of enactment of this Act. Fur- (bb) the Oklahoma Commissioners of the Stat. 919); ther, any proposed conveyance of land within Land Office, in consultation with the attor- (4) creates or reinstates any Indian res- a unit of the National Wildlife Refuge Sys- ney general of the State of Oklahoma; and ervation or any portion of such a reserva- tem must have been identified by the Sec- (cc) each affected federally recognized In- tion; retary in accordance with subsection (c)(4) in dian Tribe; and (5) modifies any interest or any property or the report to Congress required by sub- (iv) subject to the availability of appro- trust rights of any individual Indian allot- section (c) and include patent provisions priations, be completed not later than 2 tee; or that the land remains subject to the laws years after the date of enactment of this (6) alters any valid right of the State of and regulations governing the use and devel- Act. Oklahoma or the Kiowa, Comanche, or opment of the Refuge. (2) APPROVAL OF THE BOUNDARY SURVEY.— Apache Indian tribes to the mineral interest SEC. 1120. RED RIVER GRADIENT BOUNDARY (A) IN GENERAL.—Not later than 60 days trust fund established under the Act of June SURVEY. after the date on which the survey or a por- 12, 1926 (44 Stat. 740, chapter 572). (a) DEFINITIONS.—In this section: tion of the survey under paragraph (1)(A) is (f) AUTHORIZATION OF APPROPRIATIONS.— (1) AFFECTED AREA.— completed, the Secretary shall submit the There is authorized to be appropriated to the (A) IN GENERAL.—The term ‘‘affected area’’ survey for approval to— Secretary to carry out this section $1,000,000. means land along the approximately 116-mile (i) the Texas General Land Office; stretch of the Red River, from its confluence (ii) the Oklahoma Commissioners of the SEC. 1121. SAN JUAN COUNTY SETTLEMENT IM- with the north fork of the Red River on the Land Office, in consultation with the attor- PLEMENTATION. west to the 98th meridian on the east. ney general of the State of Oklahoma; and (a) EXCHANGE OF COAL PREFERENCE RIGHT (B) EXCLUSIONS.—The term ‘‘affected area’’ (iii) each affected federally recognized In- LEASE APPLICATIONS.— does not include the portion of the Red River dian Tribe. (1) DEFINITION OF BIDDING RIGHT.—In this within the boundary depicted on the survey (B) TIMING OF APPROVAL.—Not later than 60 subsection, the term ‘‘bidding right’’ means prepared by the Bureau of Land Management days after the date on which each of the an appropriate legal instrument or other entitled ‘‘Township 5 South, Range 14 West, Texas General Land Office, the Oklahoma written documentation, including an entry of the Indian Meridian, Oklahoma, Depend- Commissioners of the Land Office, in con- in an account managed by the Secretary, ent Resurvey and Survey’’ and dated Feb- sultation with the attorney general of the issued or created under subpart 3435 of title ruary 28, 2006. State of Oklahoma, and each affected feder- 43, Code of Federal Regulations, that may be (2) GRADIENT BOUNDARY SURVEY METHOD.— ally recognized Indian Tribe notify the Sec- used— The term ‘‘gradient boundary survey meth- retary of the approval of the boundary sur- (A) in lieu of a monetary payment for 50 od’’ means the measurement technique used vey or a portion of the survey by the applica- percent of a bonus bid for a coal lease sale to locate the South Bank boundary line in ble office or federally recognized Indian under the Mineral Leasing Act (30 U.S.C. 181 accordance with the methodology estab- Tribe, the Secretary shall determine whether et seq.); or lished in Oklahoma v. Texas, 261 U.S. 340 to approve the survey or portion of the sur- (B) as a monetary credit against 50 percent (1923) (recognizing that the boundary line vey, subject to subparagraph (D). of any rental or royalty payments due under along the Red River is subject to change due (C) SUBMISSION OF PORTIONS OF SURVEY FOR any Federal coal lease. to erosion and accretion). APPROVAL.—As portions of the survey are (2) USE OF BIDDING RIGHT.— (3) LANDOWNER.—The term ‘‘landowner’’ completed, the Secretary may submit the (A) IN GENERAL.—If the Secretary retires a means any individual, group, association, completed portions of the survey for ap- coal preference right lease application under corporation, federally recognized Indian proval under subparagraph (A). the Mineral Leasing Act (30 U.S.C. 181 et tribe or member of such an Indian tribe, or (D) WRITTEN APPROVAL.—The Secretary seq.) by issuing a bidding right in exchange other private or governmental legal entity shall only approve the survey, or a portion of for the relinquishment of the coal preference that owns an interest in land in the affected the survey, that has the written approval of right lease application, the bidding right area. each of— subsequently may be used in lieu of 50 per- (4) SECRETARY.—The term ‘‘Secretary’’ (i) the Texas General Land Office; cent of the amount owed for any monetary means the Secretary, acting through the Di- (ii) the Oklahoma Commissioners of the payment of— rector of the Bureau of Land Management. Land Office, in consultation with the attor- (i) a bonus in a coal lease sale; or (5) SOUTH BANK.—The term ‘‘South Bank’’ ney general of the State of Oklahoma; and (ii) rental or royalty under a Federal coal means the water-washed and relatively per- (iii) each affected federally recognized In- lease. manent elevation or acclivity (commonly dian Tribe. (B) PAYMENT CALCULATION.—

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(i) IN GENERAL.—The Secretary shall cal- (I) the Glade Run Recreation Area; and the Wilderness Act (16 U.S.C. 1131 et culate a payment of amounts owed to a rel- (II) the Fossil Forest Research Natural seq.), except that any reference in that Act evant State under section 35(a) of the Min- Area; or to the effective date of that Act shall be con- eral Leasing Act (30 U.S.C. 191(a)) based on (III) a special management area or area of sidered to be a reference to the date of enact- the combined value of the bidding rights and critical environmental concern identified in ment of this Act. amounts received. a land use plan developed under section 202 (B) ADJACENT MANAGEMENT.— (ii) AMOUNTS RECEIVED.—Except as pro- of the Federal Land Policy and Management (i) IN GENERAL.—Congress does not intend vided in this paragraph, for purposes of cal- Act of 1976 (43 U.S.C. 1712) that is in effect on for the designation of the Wilderness to cre- culating the payment of amounts owed to a the date of enactment of this Act. ate a protective perimeter or buffer zone relevant State under clause (i) only, a bid- (iii) Any land subject to a lease or contract around the Wilderness. ding right shall be considered amounts re- under the Mineral Leasing Act (30 U.S.C. 181 (ii) NONWILDERNESS ACTIVITIES.—The fact ceived. et seq.) or the Act of July 31, 1947 (commonly that nonwilderness activities or uses can be (C) REQUIREMENT.—The total number of known as the ‘‘Materials Act of 1947’’) (30 seen or heard from areas within the Wilder- bidding rights issued by the Secretary under U.S.C. 601 et seq.) as of the date of the selec- ness shall not preclude the conduct of the ac- subparagraph (A) before October 1, 2029, shall tion. tivities or uses outside the boundary of the not exceed the number of bidding rights that (iv) Land not under the jurisdiction of the Wilderness. reflect a value equivalent to $67,000,000. Bureau of Land Management. (C) INCORPORATION OF ACQUIRED LAND AND (3) SOURCE OF PAYMENTS.—The Secretary (v) Land identified as ‘‘Parcels Excluded INTERESTS IN LAND.—Any land or interest in shall make payments to the relevant State from Selection’’ on the map entitled ‘‘Par- land that is within the boundary of the Wil- under paragraph (2) from monetary pay- cels excluded for selection under the San derness that is acquired by the United States ments received by the Secretary when bid- Juan County Settlement Implementation shall— ding rights are exercised under this section. Act’’ and dated December 14, 2018. (i) become part of the Wilderness; and (4) TREATMENT OF PAYMENTS.—A payment (D) DEADLINE.—Not later than 7 years after (ii) be managed in accordance with— to a State under this subsection shall be the date of enactment of this Act, the Nav- (I) the Wilderness Act (16 U.S.C. 1131 et treated as a payment under section 35(a) of ajo Nation shall make all selections under seq.); the Mineral Leasing Act (30 U.S.C. 191(a)). subparagraph (A). (II) this subsection; and (5) TRANSFERABILITY; LIMITATION.— (E) WITHDRAWAL.—Any land selected by (III) any other applicable laws. (A) TRANSFERABILITY.—A bidding right the Navajo Nation under subparagraph (A) (D) GRAZING.—Grazing of livestock in the issued for a coal preference right lease appli- shall be withdrawn from disposal, leasing, Wilderness, where established before the cation under the Mineral Leasing Act (30 and development until the date on which the date of enactment of this Act, shall be al- U.S.C. 181 et seq.) shall be fully transferable selected land is placed into trust for the Nav- lowed to continue in accordance with— to any other person. ajo Nation. (i) section 4(d)(4) of the Wilderness Act (16 (B) NOTIFICATION OF SECRETARY.—A person (3) EQUAL VALUE.— U.S.C. 1133(d)(4)); and who transfers a bidding right shall notify the (A) IN GENERAL.—Notwithstanding the (ii) the guidelines set forth in the report of Secretary of the transfer by any method de- acreage limitation in the second proviso of the Committee on Interior and Insular Af- termined to be appropriate by the Secretary. section 11(c) of Public Law 93–531 (commonly fairs of the House of Representatives accom- (C) EFFECTIVE PERIOD.— known as the ‘‘Navajo-Hopi Land Settlement panying H.R. 5487 of the 96th Congress (H. (i) IN GENERAL.—A bidding right issued Act of 1974’’) (25 U.S.C. 640d–10(c)) and sub- Rept. 96–617). under the Mineral Leasing Act (30 U.S.C. 181 ject to paragraph (2)(B), the value of the land (3) RELEASE OF WILDERNESS STUDY AREAS.— et seq.) shall terminate on the expiration of selected under paragraph (2)(A) and the land Congress finds that, for the purposes of sec- the 7-year period beginning on the date the subject to selections cancellation under tion 603(c) of the Federal Land Policy and bidding right is issued. paragraph (1) shall be equal, based on ap- Management Act of 1976 (43 U.S.C. 1782(c)), (ii) TOLLING OF PERIOD.—The 7-year period praisals conducted under subparagraph (B). the land within the Ah-shi-sle-pah Wilder- described in clause (i) shall be tolled during (B) APPRAISALS.— ness Study Area not designated as wilderness any period in which exercise of the bidding (i) IN GENERAL.—The value of the land se- by this subsection has been adequately stud- right is precluded by temporary injunctive lected under paragraph (2)(A) and the land ied for wilderness designation and is no relief granted under, or administrative, leg- subject to selections cancelled under para- longer subject to section 603(c) of the Federal islative, or judicial suspension of, the Fed- graph (1) shall be determined by appraisals Land Policy and Management Act of 1976 (43 eral coal leasing program. conducted in accordance with— U.S.C. 1782(c)). (6) DEADLINE.— (I) the Uniform Appraisal Standards for (d) EXPANSION OF BISTI/DE-NA-ZIN WILDER- (A) IN GENERAL.—If an existing settlement Federal Land Acquisitions; and NESS.— of a coal preference right lease application (II) the Uniform Standards of Professional (1) IN GENERAL.—There is designated as wil- has not been implemented as of the date of Appraisal Practice. derness and as a component of the National enactment of this Act, not later than 180 (ii) TIMING.— Wilderness Preservation System certain Fed- days after that date of enactment, the Sec- (I) LAND SUBJECT TO SELECTIONS CAN- eral land comprising approximately 2,250 retary shall complete the bidding rights CELLED.—Not later than 18 months after the acres, as generally depicted on the map enti- valuation process in accordance with the date of enactment of this Act, the appraisal tled ‘‘San Juan County Wilderness Designa- terms of the settlement. under clause (i) of the land subject to selec- tions’’ and dated April 2, 2015, which is incor- (B) DATE OF VALUATION.—For purposes of tions cancelled under paragraph (1) shall be porated in and shall be considered to be a the valuation process under subparagraph completed. part of the Bisti/De-Na-Zin Wilderness. (A), the market price of coal shall be deter- (II) NEW SELECTIONS.—The appraisals under (2) ADMINISTRATION.—Subject to valid ex- mined as of the date of the settlement. clause (i) of the land selected under para- isting rights, the land designated as wilder- (b) CERTAIN LAND SELECTIONS OF THE NAV- graph (2)(A) shall be completed as the Navajo ness by paragraph (1) shall be administered AJO NATION.— Nation finalizes those land selections. by the Director of the Bureau of Land Man- (1) CANCELLATION OF CERTAIN SELECTIONS.— (4) BOUNDARY.—For purposes of this sub- agement (referred to in this subsection as The land selections made by the Navajo Na- section and the Act referred to in paragraph the ‘‘Director’’), in accordance with— tion pursuant to Public Law 93–531 (com- (1), the present boundary of the Navajo Res- (A) the Wilderness Act (16 U.S.C. 1131 et monly known as the ‘‘Navajo-Hopi Land Set- ervation is depicted on the map entitled seq.), except that any reference in that Act tlement Act of 1974’’) (88 Stat. 1712) that are ‘‘Navajo Nation Boundary’’ and dated No- to the effective date of that Act shall be con- depicted on the map entitled ‘‘Navajo-Hopi vember 16, 2015. sidered to be a reference to the date of enact- Land Settlement Act Selected Lands’’ and (c) DESIGNATION OF AH-SHI-SLE-PAH WIL- ment of this Act; and dated April 2, 2015, are cancelled. DERNESS.— (B) the San Juan Basin Wilderness Protec- (2) AUTHORIZATION FOR NEW SELECTION.— (1) IN GENERAL.—In accordance with the tion Act of 1984 (Public Law 98–603; 98 Stat. (A) IN GENERAL.—Subject to subparagraphs Wilderness Act (16 U.S.C. 1131 et seq.), the 3155; 110 Stat. 4211). (B), (C), and (D) and paragraph (3), the Nav- approximately 7,242 acres of land as gen- (3) ADJACENT MANAGEMENT.— ajo Nation may make new land selections in erally depicted on the map entitled ‘‘San (A) IN GENERAL.—Congress does not intend accordance with the Act referred to in para- Juan County Wilderness Designations’’ and for the designation of the land as wilderness graph (1) to replace the land selections can- dated April 2, 2015, is designated as wilder- by paragraph (1) to create a protective pe- celled under that paragraph. ness and as a component of the National Wil- rimeter or buffer zone around that land. (B) ACREAGE CAP.—The total acreage of derness Preservation System, which shall be (B) NONWILDERNESS ACTIVITIES.—The fact land selected under subparagraph (A) shall known as the ‘‘Ah-shi-sle-pah Wilderness’’ that nonwilderness activities or uses can be not exceed 15,000 acres of land. (referred to in this subsection as the ‘‘Wil- seen or heard from areas within the land des- (C) EXCLUSIONS.—The following land shall derness’’). ignated as wilderness by paragraph (1) shall not be eligible for selection under subpara- (2) MANAGEMENT.— not preclude the conduct of the activities or graph (A): (A) IN GENERAL.—Subject to valid existing uses outside the boundary of that land. (i) Land within a unit of the National rights, the Wilderness shall be administered (4) INCORPORATION OF ACQUIRED LAND AND Landscape Conservation System. by the Director of the Bureau of Land Man- INTERESTS IN LAND.—Any land or interest in (ii) Land within— agement in accordance with this subsection land that is within the boundary of the land

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S944 CONGRESSIONAL RECORD — SENATE February 6, 2019 designated as wilderness by paragraph (1) (3) The County shall allow for non-motor- Land Management in Don˜ a Ana and Luna that is acquired by the United States shall— ized public recreation access on the conveyed counties comprising approximately 105,085 (A) become part of the Bisti/De-Na-Zin Wil- land. acres, as generally depicted on the map enti- derness; and (4) No new roads may be constructed on the tled ‘‘Potrillo Mountains Complex’’ and (B) be managed in accordance with— conveyed land. dated September 27, 2018, which shall be (i) the Wilderness Act (16 U.S.C. 1131 et (b) REVERSION.—A conveyance under sub- known as the ‘‘Potrillo Mountains Wilder- seq.); section (a) shall include a reversionary ness’’. (ii) the San Juan Basin Wilderness Protec- clause to ensure that management of the (H) ROBLEDO MOUNTAINS WILDERNESS.—Cer- tion Act of 1984 (Public Law 98–603; 98 Stat. land described in that subsection shall revert tain land administered by the Bureau of 3155; 110 Stat. 4211); to the Secretary if the land is no longer Land Management in Don˜ a Ana County com- (iii) this subsection; and being managed in accordance with that sub- prising approximately 16,776 acres, as gen- (iv) any other applicable laws. section. erally depicted on the map entitled ‘‘Desert (5) GRAZING.—Grazing of livestock in the Subtitle C—Wilderness Designations and Peaks Complex’’ and dated October 1, 2018, land designated as wilderness by paragraph Withdrawals which shall be known as the ‘‘Robledo Moun- (1), where established before the date of en- PART I—GENERAL PROVISIONS tains Wilderness’’. actment of this Act, shall be allowed to con- SEC. 1201. ORGAN MOUNTAINS-DESERT PEAKS (I) SIERRA DE LAS UVAS WILDERNESS.—Cer- tinue in accordance with— CONSERVATION. tain land administered by the Bureau of (A) section 4(d)(4) of the Wilderness Act (16 (a) DEFINITIONS.—In this section: Land Management in Don˜ a Ana County com- U.S.C. 1133(d)(4)); and (1) MONUMENT.—The term ‘‘Monument’’ prising approximately 11,114 acres, as gen- (B) the guidelines set forth in the report of means the Organ Mountains-Desert Peaks erally depicted on the map entitled ‘‘Desert the Committee on Interior and Insular Af- National Monument established by Presi- Peaks Complex’’ and dated October 1, 2018, fairs of the House of Representatives accom- dential Proclamation 9131 (79 Fed. Reg. which shall be known as the ‘‘Sierra de las panying H.R. 5487 of the 96th Congress (H. 30431). Uvas Wilderness’’. Rept. 96–617). (2) STATE.—The term ‘‘State’’ means the (J) WHITETHORN WILDERNESS.—Certain land administered by the Bureau of Land Manage- (e) ROAD MAINTENANCE.— State of New Mexico. ment in Don˜ a Ana and Luna counties com- (1) IN GENERAL.—Subject to paragraph (2), (3) WILDERNESS AREA.—The term ‘‘wilder- prising approximately 9,616 acres, as gen- the Secretary, acting through the Director ness area’’ means a wilderness area des- erally depicted on the map entitled ‘‘Potrillo of the Bureau of Indian Affairs, shall ensure ignated by subsection (b)(1). Mountains Complex’’ and dated September that L–54 between I–40 and Alamo, New Mex- (b) DESIGNATION OF WILDERNESS AREAS.— 27, 2018, which shall be known as the ico, is maintained in a condition that is safe (1) IN GENERAL.—In accordance with the ‘‘Whitethorn Wilderness’’. for motorized use. Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated (2) MAPS AND LEGAL DESCRIPTIONS.— (2) USE OF FUNDS.—In carrying out para- (A) IN GENERAL.—As soon as practicable graph (1), the Secretary and the Director of as wilderness and as components of the Na- tional Wilderness Preservation System: after the date of enactment of this Act, the the Bureau of Indian Affairs may not require Secretary shall file maps and legal descrip- any Indian Tribe to use any funds— (A) ADEN LAVA FLOW WILDERNESS.—Certain land administered by the Bureau of Land tions of the wilderness areas with— (A) owned by the Indian Tribe; or Management in Don˜ a Ana County com- (i) the Committee on Energy and Natural (B) provided to the Indian Tribe pursuant prising approximately 27,673 acres, as gen- Resources of the Senate; and to a contract under the Indian Self-Deter- erally depicted on the map entitled ‘‘Potrillo (ii) the Committee on Natural Resources of mination and Education Assistance Act (25 Mountains Complex’’ and dated September the House of Representatives. U.S.C. 5304 et seq.). 27, 2018, which shall be known as the ‘‘Aden (B) FORCE OF LAW.—The maps and legal de- (3) ROAD UPGRADE.— Lava Flow Wilderness’’. scriptions filed under subparagraph (A) shall (A) IN GENERAL.—Nothing in this sub- (B) BROAD CANYON WILDERNESS.—Certain have the same force and effect as if included section requires the Secretary or any Indian land administered by the Bureau of Land in this section, except that the Secretary Tribe to upgrade the condition of L–54 as of Management in Don˜ a Ana County com- may correct errors in the maps and legal de- the date of enactment of this Act. prising approximately 13,902 acres, as gen- scriptions. (B) WRITTEN AGREEMENT.—An upgrade to erally depicted on the map entitled ‘‘Desert (C) PUBLIC AVAILABILITY.—The maps and L–54 may not be made without the written Peaks Complex’’ and dated October 1, 2018, legal descriptions filed under subparagraph agreement of the Pueblo of Laguna. which shall be known as the ‘‘Broad Canyon (A) shall be on file and available for public (4) INVENTORY.—Nothing in this subsection Wilderness’’. inspection in the appropriate offices of the requires L–54 to be placed on the National (C) CINDER CONE WILDERNESS.—Certain land Bureau of Land Management. Tribal Transportation Facility Inventory. administered by the Bureau of Land Manage- (3) MANAGEMENT.—Subject to valid existing SEC. 1122. RIO PUERCO WATERSHED MANAGE- ment in Don˜ a Ana County comprising ap- rights, the wilderness areas shall be adminis- MENT PROGRAM. proximately 16,935 acres, as generally de- tered by the Secretary— (a) REAUTHORIZATION OF THE RIO PUERCO picted on the map entitled ‘‘Potrillo Moun- (A) as components of the National Land- MANAGEMENT COMMITTEE.—Section 401(b)(4) tains Complex’’ and dated September 27, 2018, scape Conservation System; and of division I of the Omnibus Parks and Pub- which shall be known as the ‘‘Cinder Cone (B) in accordance with— lic Lands Management Act of 1996 (Public Wilderness’’. (i) this section; and Law 104–333; 110 Stat. 4147; 123 Stat. 1108) is (D) EAST POTRILLO MOUNTAINS WILDER- (ii) the Wilderness Act (16 U.S.C. 1131 et amended by striking ‘‘Omnibus Public Land NESS.—Certain land administered by the Bu- seq.), except that— Management Act of 2009’’ and inserting reau of Land Management in Don˜ a Ana and (I) any reference in the Wilderness Act to ‘‘Natural Resources Management Act’’. Luna counties comprising approximately the effective date of that Act shall be consid- ered to be a reference to the date of enact- (b) REAUTHORIZATION OF THE RIO PUERCO 12,155 acres, as generally depicted on the map ment of this Act; and WATERSHED MANAGEMENT PROGRAM.—Sec- entitled ‘‘Potrillo Mountains Complex’’ and (II) any reference in the Wilderness Act to tion 401(e) of division I of the Omnibus Parks dated September 27, 2018, which shall be the Secretary of Agriculture shall be consid- and Public Lands Management Act of 1996 known as the ‘‘East Potrillo Mountains Wil- ered to be a reference to the Secretary. (Public Law 104–333; 110 Stat. 4148; 123 Stat. derness’’. (4) INCORPORATION OF ACQUIRED LAND AND 1108) is amended by striking ‘‘Omnibus Pub- (E) MOUNT RILEY WILDERNESS.—Certain INTERESTS IN LAND.—Any land or interest in lic Land Management Act of 2009’’ and in- land administered by the Bureau of Land Management in Don˜ a Ana and Luna counties land that is within the boundary of a wilder- serting ‘‘Natural Resources Management comprising approximately 8,382 acres, as gen- ness area that is acquired by the United Act’’. erally depicted on the map entitled ‘‘Potrillo States shall— SEC. 1123. ASHLEY SPRINGS LAND CONVEYANCE. Mountains Complex’’ and dated September (A) become part of the wilderness area (a) CONVEYANCE.—Subject to valid existing 27, 2018, which shall be known as the ‘‘Mount within the boundaries of which the land is rights, at the request of Uintah County, Riley Wilderness’’. located; and Utah (referred to in this section as the (F) ORGAN MOUNTAINS WILDERNESS.—Cer- (B) be managed in accordance with— ‘‘County’’), the Secretary shall convey to the tain land administered by the Bureau of (i) the Wilderness Act (16 U.S.C. 1131 et County, without consideration, the approxi- Land Management in Don˜ a Ana County com- seq.); mately 791 acres of public land administered prising approximately 19,916 acres, as gen- (ii) this section; and by the Bureau of Land Management, as gen- erally depicted on the map entitled ‘‘Organ (iii) any other applicable laws. erally depicted on the map entitled ‘‘Ashley Mountains Area’’ and dated September 21, (5) GRAZING.—Grazing of livestock in the Springs Property’’ and dated February 4, 2016, which shall be known as the ‘‘Organ wilderness areas, where established before 2019, subject to the following restrictions: Mountains Wilderness’’, the boundary of the date of enactment of this Act, shall be (1) The conveyed land shall be managed as which shall be offset 400 feet from the center- administered in accordance with— open space to protect the watershed and un- line of Dripping Springs Road in T. 23 S., R. (A) section 4(d)(4) of the Wilderness Act (16 derground karst system and aquifer. 04 E., sec. 7, New Mexico Principal Meridian. U.S.C. 1133(d)(4)); and (2) Mining or any form of mineral develop- (G) POTRILLO MOUNTAINS WILDERNESS.—Cer- (B) the guidelines set forth in Appendix A ment on the conveyed land is prohibited. tain land administered by the Bureau of of the Report of the Committee on Interior

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and Insular Affairs to accompany H.R. 2570 of ‘‘Parcel D’’ on the map entitled ‘‘Organ (vi) MILITARY OVERFLIGHTS.—Nothing in the 101st Congress (H. Rept. 101–405). Mountains Area’’ and dated September 21, this subparagraph restricts or precludes— (6) MILITARY OVERFLIGHTS.—Nothing in 2016 (referred to in this paragraph as the (I) low-level overflights of military aircraft this subsection restricts or precludes— ‘‘parcel’’), which is a portion of the public over the parcel, including military over- (A) low-level overflights of military air- land withdrawn and reserved for military flights that can be seen or heard within the craft over the wilderness areas, including purposes by Public Land Order 833 dated May parcel; military overflights that can be seen or 21, 1952 (17 Fed. Reg. 4822). (II) the designation of new units of special heard within the wilderness areas; (ii) OUTDOOR RECREATION PLAN.— airspace over the parcel; or (B) the designation of new units of special (I) IN GENERAL.—The Secretary of the (III) the use or establishment of military airspace over the wilderness areas; or Army shall develop a plan for public outdoor flight training routes over the parcel. (C) the use or establishment of military recreation on the parcel that is consistent (12) ROBLEDO MOUNTAINS.— flight training routes over the wilderness with the primary military mission of the (A) IN GENERAL.—The Secretary shall man- areas. parcel. age the Federal land described in subpara- (7) BUFFER ZONES.— (II) REQUIREMENT.—In developing the plan graph (B) in a manner that preserves the (A) IN GENERAL.—Nothing in this sub- under subclause (I), the Secretary of the character of the land for the future inclusion section creates a protective perimeter or Army shall ensure, to the maximum extent of the land in the National Wilderness Pres- buffer zone around any wilderness area. practicable, that outdoor recreation activi- ervation System. (B) ACTIVITIES OUTSIDE WILDERNESS ties may be conducted on the parcel, includ- (B) LAND DESCRIPTION.—The land referred AREAS.—The fact that an activity or use on ing hunting, hiking, wildlife viewing, and to in subparagraph (A) is certain land admin- land outside any wilderness area can be seen camping. istered by the Bureau of Land Management, or heard within the wilderness area shall not (iii) CLOSURES.—The Secretary of the comprising approximately 100 acres as gen- preclude the activity or use outside the Army may close the parcel or any portion of erally depicted as ‘‘Lookout Peak Commu- boundary of the wilderness area. the parcel to the public as the Secretary of nication Site’’ on the map entitled ‘‘Desert (8) PARAGLIDING.—The use of paragliding the Army determines to be necessary to pro- Peaks Complex’’ and dated October 1, 2018. within areas of the East Potrillo Mountains tect— (C) USES.—The Secretary shall permit only Wilderness designated by paragraph (1)(D) in (I) public safety; or such uses on the land described in subpara- which the use has been established before the (II) the safety of the military members graph (B) as were permitted on the date of date of enactment of this Act, shall be al- training on the parcel. enactment of this Act. lowed to continue in accordance with section (iv) TRANSFER OF ADMINISTRATIVE JURISDIC- (13) RELEASE OF WILDERNESS STUDY AREAS 4(d)(1) of the Wilderness Act (16 U.S.C. TION; WITHDRAWAL.— .—Congress finds that, for purposes of 1133(d)(1)), subject to any terms and condi- section 603(c) of the Federal Land Policy and (I) IN GENERAL.—On a determination by the tions that the Secretary determines to be Secretary of the Army that military train- Management Act of 1976 (43 U.S.C. 1782(c)), ˜ necessary. ing capabilities, personnel safety, and instal- the public land in Dona Ana County adminis- (9) CLIMATOLOGIC DATA COLLECTION.—Sub- lation security would not be hindered as a tered by the Bureau of Land Management ject to such terms and conditions as the Sec- result of the transfer to the Secretary of ad- not designated as wilderness by paragraph (1) retary may prescribe, nothing in this section or described in paragraph (12)— ministrative jurisdiction over the parcel, the precludes the installation and maintenance (A) has been adequately studied for wilder- Secretary of the Army shall transfer to the of hydrologic, meteorologic, or climatologic ness designation; Secretary administrative jurisdiction over collection devices in wilderness areas if the (B) is no longer subject to section 603(c) of the parcel. facilities and access to the facilities are es- the Federal Land Policy and Management (II) WITHDRAWAL.—On transfer of the par- sential to flood warning, flood control, or Act of 1976 (43 U.S.C. 1782(c)); and cel under subclause (I), the parcel shall be— water reservoir operation activities. (C) shall be managed in accordance with— (aa) under the jurisdiction of the Director (10) FISH AND WILDLIFE.—Nothing in this (i) the Federal Land Policy and Manage- of the Bureau of Land Management; and section affects the jurisdiction of the State ment Act of 1976 (43 U.S.C. 1701 et seq.); (bb) withdrawn from— with respect to fish and wildlife located on (ii) this section; and public land in the State, except that the Sec- (AA) entry, appropriation, or disposal (iii) any other applicable laws. under the public land laws; retary, after consultation with the New Mex- (14) PRIVATE LAND.—In accordance with ico Department of Game and Fish, may des- (BB) location, entry, and patent under the section 5 of the Wilderness Act (16 U.S.C. ignate zones where, and establish periods mining laws; and 1134), the Secretary shall ensure adequate ac- during which, no hunting or fishing shall be (CC) operation of the mineral leasing, min- cess to non-Federal land located within the permitted for reasons of public safety, ad- eral materials, and geothermal leasing laws. boundary of a wilderness area. ministration, or compliance with applicable (III) RESERVATION.—On transfer under sub- (c) BORDER SECURITY.— law. clause (I), the parcel shall be reserved for (1) IN GENERAL.—Nothing in this section— (11) WITHDRAWALS.— management of the resources of, and mili- (A) prevents the Secretary of Homeland (A) IN GENERAL.—Subject to valid existing tary training conducted on, the parcel in ac- Security from undertaking law enforcement rights, the Federal land within the wilder- cordance with a memorandum of under- and border security activities, in accordance ness areas and any land or interest in land standing entered into under clause (v). with section 4(c) of the Wilderness Act (16 that is acquired by the United States in the (v) MEMORANDUM OF UNDERSTANDING RELAT- U.S.C. 1133(c)), within the wilderness areas, wilderness areas after the date of enactment ING TO MILITARY TRAINING.— including the ability to use motorized access of this Act is withdrawn from— (I) IN GENERAL.—If, after the transfer of the within a wilderness area while in pursuit of (i) entry, appropriation, or disposal under parcel under clause (iv)(I), the Secretary of a suspect; the public land laws; the Army requests that the Secretary enter (B) affects the 2006 Memorandum of Under- (ii) location, entry, and patent under the into a memorandum of understanding, the standing among the Department of Home- mining laws; and Secretary shall enter into a memorandum of land Security, the Department of the Inte- (iii) operation of the mineral leasing, min- understanding with the Secretary of the rior, and the Department of Agriculture re- eral materials, and geothermal leasing laws. Army providing for the conduct of military garding cooperative national security and (B) PARCEL B.—The approximately 6,498 training on the parcel. counterterrorism efforts on Federal land acres of land generally depicted as ‘‘Parcel (II) REQUIREMENTS.—The memorandum of along the borders of the United States; or B’’ on the map entitled ‘‘Organ Mountains understanding entered into under subclause (C) prevents the Secretary of Homeland Se- Area’’ and dated September 21, 2016, is with- (I) shall— curity from conducting any low-level over- drawn in accordance with subparagraph (A), (aa) address the location, frequency, and flights over the wilderness areas that may be except that the land is not withdrawn for type of training activities to be conducted on necessary for law enforcement and border se- purposes of the issuance of oil and gas pipe- the parcel; curity purposes. line or road rights-of-way. (bb) provide to the Secretary of the Army (2) WITHDRAWAL AND ADMINISTRATION OF (C) PARCEL C.—The approximately 1,297 access to the parcel for the conduct of mili- CERTAIN AREA.— acres of land generally depicted as ‘‘Parcel tary training; (A) WITHDRAWAL.—The area identified as C’’ on the map entitled ‘‘Organ Mountains (cc) authorize the Secretary or the Sec- ‘‘Parcel A’’ on the map entitled ‘‘Potrillo Area’’ and dated September 21, 2016, is with- retary of the Army to close the parcel or a Mountains Complex’’ and dated September drawn in accordance with subparagraph (A), portion of the parcel to the public as the 27, 2018, is withdrawn in accordance with sub- except that the land is not withdrawn from Secretary or the Secretary of the Army de- section (b)(11)(A). disposal under the Act of June 14, 1926 (com- termines to be necessary to protect— (B) ADMINISTRATION.—Except as provided monly known as the ‘‘Recreation and Public (AA) public safety; or in subparagraphs (C) and (D), the Secretary Purposes Act’’) (43 U.S.C. 869 et seq.). (BB) the safety of the military members shall administer the area described in sub- (D) PARCEL D.— training; and paragraph (A) in a manner that, to the max- (i) IN GENERAL.—The Secretary of the (dd) to the maximum extent practicable, imum extent practicable, protects the wil- Army shall allow for the conduct of certain provide for the protection of natural, his- derness character of the area. recreational activities on the approximately toric, and cultural resources in the area of (C) USE OF MOTOR VEHICLES.—The use of 2,035 acres of land generally depicted as the parcel. motor vehicles, motorized equipment, and

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S946 CONGRESSIONAL RECORD — SENATE February 6, 2019 mechanical transport shall be prohibited in (ii) such terms as the Secretary and the ance with the Wilderness Act (16 U.S.C. 1131 the area described in subparagraph (A) ex- State shall establish. et seq.) and this section, except that with re- cept as necessary for— (E) VALUATION, APPRAISALS, AND EQUALI- spect to the wilderness areas designated by (i) the administration of the area (includ- ZATION.— this section— ing the conduct of law enforcement and bor- (i) IN GENERAL.—The value of the Bureau of (A) any reference to the effective date of der security activities in the area); or Land Management land and the State trust the Wilderness Act shall be considered to be (ii) grazing uses by authorized permittees. land to be conveyed in a land exchange under a reference to the date of enactment of this (D) EFFECT OF SUBSECTION.—Nothing in this paragraph— Act; and this paragraph precludes the Secretary from (I) shall be equal, as determined by ap- (B) any reference in the Wilderness Act to allowing within the area described in sub- praisals conducted in accordance with clause the Secretary of Agriculture shall be consid- paragraph (A) the installation and mainte- (ii); or ered to be a reference to the Secretary. nance of communication or surveillance in- (II) if not equal, shall be equalized in ac- (3) INCORPORATION OF ACQUIRED LAND AND frastructure necessary for law enforcement cordance with clause (iii). INTERESTS IN LAND.—Any land or interest in or border security activities. (ii) APPRAISALS.— land within the boundary of the wilderness (3) RESTRICTED ROUTE.—The route excluded (I) IN GENERAL.—The Bureau of Land Man- areas that is acquired by the United States from the Potrillo Mountains Wilderness agement land and State trust land to be ex- shall— identified as ‘‘Restricted—Administrative changed under this paragraph shall be ap- (A) become part of the wilderness area in Access’’ on the map entitled ‘‘Potrillo Moun- praised by an independent, qualified ap- which the land is located; and tains Complex’’ and dated September 27, 2018, praiser that is agreed to by the Secretary (B) be managed in accordance with— shall be— and the State. (i) the Wilderness Act (16 U.S.C. 1131 et (A) closed to public access; but (II) REQUIREMENTS.—An appraisal under seq.); (B) available for administrative and law subclause (I) shall be conducted in accord- (ii) this section; and enforcement uses, including border security ance with— (iii) any other applicable laws. activities. (aa) the Uniform Appraisal Standards for (4) GRAZING.—Grazing of livestock in the (d) ORGAN MOUNTAINS-DESERT PEAKS NA- Federal Land Acquisitions; and wilderness areas, where established before TIONAL MONUMENT.— (bb) the Uniform Standards of Professional the date of enactment of this Act, shall be (1) MANAGEMENT PLAN.—In preparing and Appraisal Practice. administered in accordance with— implementing the management plan for the (iii) EQUALIZATION.— (A) section 4(d)(4) of the Wilderness Act (16 Monument, the Secretary shall include a wa- (I) IN GENERAL.—If the value of the Bureau U.S.C. 1133(d)(4)); and tershed health assessment to identify oppor- of Land Management land and the State (B) the guidelines set forth in appendix A tunities for watershed restoration. trust land to be conveyed in a land exchange of the Report of the Committee on Interior (2) INCORPORATION OF ACQUIRED STATE under this paragraph is not equal, the value and Insular Affairs to accompany H.R. 2570 of TRUST LAND AND INTERESTS IN STATE TRUST may be equalized by— the 101st Congress (H. Rept. 101–405). LAND.— (aa) making a cash equalization payment (5) BUFFER ZONES.— (A) IN GENERAL.—Any land or interest in to the Secretary or to the State, as appro- (A) IN GENERAL.—Nothing in this section land that is within the State trust land de- priate, in accordance with section 206(b) of creates a protective perimeter or buffer zone scribed in subparagraph (B) that is acquired the Federal Land Policy and Management around the wilderness areas. by the United States shall— Act of 1976 (43 U.S.C. 1716(b)); or (B) ACTIVITIES OUTSIDE WILDERNESS (i) become part of the Monument; and (bb) reducing the acreage of the Bureau of AREAS.—The fact that an activity or use on (ii) be managed in accordance with— Land Management land or State trust land land outside a wilderness area can be seen or (I) Presidential Proclamation 9131 (79 Fed. to be exchanged, as appropriate. heard within the wilderness area shall not Reg. 30431); (II) CASH EQUALIZATION PAYMENTS.—Any preclude the activity or use outside the (II) this section; and cash equalization payments received by the boundary of the wilderness area. (III) any other applicable laws. Secretary under subclause (I)(aa) shall be— (6) RELEASE OF WILDERNESS STUDY AREAS.— (B) DESCRIPTION OF STATE TRUST LAND.— (aa) deposited in the Federal Land Disposal Congress finds that, for purposes of section The State trust land referred to in subpara- Account established by section 206(a) of the 603(c) of the Federal Land Policy and Man- graph (A) is the State trust land in T. 22 S., Federal Land Transaction Facilitation Act agement Act of 1976 (43 U.S.C. 1782(c)), the R 01 W., New Mexico Principal Meridian and (43 U.S.C. 2305(a)); and public land within the San Antonio Wilder- T. 22 S., R. 02 W., New Mexico Principal Me- (bb) used in accordance with that Act. ness Study Area not designated as wilderness ridian. (F) LIMITATION.—No exchange of land shall by this section— (3) LAND EXCHANGES.— be conducted under this paragraph unless (A) has been adequately studied for wilder- (A) IN GENERAL.—Subject to subparagraphs mutually agreed to by the Secretary and the ness designation; (C) through (F), the Secretary shall attempt State. (B) is no longer subject to section 603(c) of to enter into an agreement to initiate an ex- SEC. 1202. CERRO DEL YUTA AND RI´O SAN ANTO- the Federal Land Policy and Management change under section 2201.1 of title 43, Code NIO WILDERNESS AREAS. Act of 1976 (43 U.S.C. 1782(c)); and of Federal Regulations (or successor regula- (a) DEFINITIONS.—In this section: (C) shall be managed in accordance with tions), with the Commissioner of Public (1) MAP.—The term ‘‘map’’ means the map this section. Lands of New Mexico, by the date that is 18 entitled ‘‘Rı´o Grande del Norte National (7) MAPS AND LEGAL DESCRIPTIONS.— months after the date of enactment of this Monument Proposed Wilderness Areas’’ and (A) IN GENERAL.—As soon as practicable Act, to provide for a conveyance to the State dated July 28, 2015. after the date of enactment of this Act, the of all right, title, and interest of the United (2) WILDERNESS AREA.—The term ‘‘wilder- Secretary shall file the map and legal de- States in and to Bureau of Land Manage- ness area’’ means a wilderness area des- scriptions of the wilderness areas with— ment land in the State identified under sub- ignated by subsection (b)(1). (i) the Committee on Energy and Natural paragraph (B) in exchange for the convey- (b) DESIGNATION OF CERRO DEL YUTA AND Resources of the Senate; and ance by the State to the Secretary of all RI´O SAN ANTONIO WILDERNESS AREAS.— (ii) the Committee on Natural Resources of right, title, and interest of the State in and (1) IN GENERAL.—In accordance with the the House of Representatives. to parcels of State trust land within the Wilderness Act (16 U.S.C. 1131 et seq.), the (B) FORCE OF LAW.—The map and legal de- boundary of the Monument identified under following areas in the Rı´o Grande del Norte scriptions filed under subparagraph (A) shall that subparagraph or described in paragraph National Monument are designated as wil- have the same force and effect as if included (2)(B). derness and as components of the National in this section, except that the Secretary (B) IDENTIFICATION OF LAND FOR EX- Wilderness Preservation System: may correct errors in the legal description CHANGE.—The Secretary and the Commis- (A) CERRO DEL YUTA WILDERNESS.—Certain and map. sioner of Public Lands of New Mexico shall land administered by the Bureau of Land (C) PUBLIC AVAILABILITY.—The map and jointly identify the Bureau of Land Manage- Management in Taos County, New Mexico, legal descriptions filed under subparagraph ment land and State trust land eligible for comprising approximately 13,420 acres as (A) shall be on file and available for public exchange under this paragraph, the exact generally depicted on the map, which shall inspection in the appropriate offices of the acreage and legal description of which shall be known as the ‘‘Cerro del Yuta Wilder- Bureau of Land Management. be determined by surveys approved by the ness’’. (8) NATIONAL LANDSCAPE CONSERVATION SYS- Secretary and the New Mexico State Land (B) RI´O SAN ANTONIO WILDERNESS.—Certain TEM.—The wilderness areas shall be adminis- Office. land administered by the Bureau of Land tered as components of the National Land- (C) APPLICABLE LAW.—A land exchange Management in Rı´o Arriba County, New scape Conservation System. under subparagraph (A) shall be carried out Mexico, comprising approximately 8,120 (9) FISH AND WILDLIFE.—Nothing in this in accordance with section 206 of the Federal acres, as generally depicted on the map, section affects the jurisdiction of the State Land Policy and Management Act of 1976 (43 which shall be known as the ‘‘Rı´o San Anto- of New Mexico with respect to fish and wild- U.S.C. 1716). nio Wilderness’’. life located on public land in the State. (D) CONDITIONS.—A land exchange under (2) MANAGEMENT OF WILDERNESS AREAS.— (10) WITHDRAWALS.—Subject to valid exist- subparagraph (A) shall be subject to— Subject to valid existing rights, the wilder- ing rights, any Federal land within the wil- (i) valid existing rights; and ness areas shall be administered in accord- derness areas designated by paragraph (1),

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S947 including any land or interest in land that is fishing, that is authorized on land within the from its headwaters to road 34-8-36, as a sce- acquired by the United States after the date area depicted on the map under applicable nic river. of enactment of this Act, is withdrawn law as of the date of enactment of this Act. ‘‘(II) WILD RIVER.—The approximately 3.7- from— SEC. 1205. OREGON WILDLANDS. mile segment of East Fork Big Windy Creek (A) entry, appropriation, or disposal under (a) WILD AND SCENIC RIVER ADDITIONS, DES- from road 34-8-36 to the confluence with Big the public land laws; IGNATIONS AND TECHNICAL CORRECTIONS.— Windy Creek, as a wild river. (B) location, entry, and patent under the (1) ADDITIONS TO ROGUE WILD AND SCENIC ‘‘(viii) LITTLE WINDY CREEK.— mining laws; and RIVER.— ‘‘(I) SCENIC RIVER.—The approximately 1.2- (C) operation of the mineral leasing, min- (A) IN GENERAL.—Section 3(a) of the Wild mile segment of Little Windy Creek from its eral materials, and geothermal leasing laws. and Scenic Rivers Act (16 U.S.C. 1274(a)) is headwaters to the Wild Rogue Wilderness (11) TREATY RIGHTS.—Nothing in this sec- amended by striking paragraph (5) and in- boundary in T. 33 S., R. 9 W., sec. 33, Willam- tion enlarges, diminishes, or otherwise modi- serting the following: ette Meridian, as a scenic river. fies any treaty rights. ‘‘(5) ROGUE, OREGON.— ‘‘(II) WILD RIVER.—The approximately 1.9- SEC. 1203. METHOW VALLEY, WASHINGTON, FED- ‘‘(A) IN GENERAL.—The segment of the river mile segment of Little Windy Creek from the ERAL LAND WITHDRAWAL. extending from the mouth of the Applegate Wild Rogue Wilderness boundary in T. 33 S., (a) DEFINITION OF MAP.—In this section, River downstream to the Lobster Creek R. 9 W., sec. 34, Willamette Meridian, to the the term ‘‘Map’’ means the Forest Service Bridge, to be administered by the Secretary confluence with the Rogue River, as a wild map entitled ‘‘Methow Headwaters With- of the Interior or the Secretary of Agri- river. drawal Proposal Legislative Map’’ and dated culture, as agreed to by the Secretaries of ‘‘(ix) HOWARD CREEK.— May 24, 2016. the Interior and Agriculture or as directed ‘‘(I) SCENIC RIVER.—The approximately 3.5- (b) WITHDRAWAL.—Subject to valid existing by the President. mile segment of Howard Creek from its head- rights, the approximately 340,079 acres of ‘‘(B) ADDITIONS.—In addition to the seg- waters to road 34-9-34, as a scenic river. Federal land and interests in the land lo- ment described in subparagraph (A), there ‘‘(II) WILD RIVER.—The approximately 6.9- cated in the Okanogan-Wenatchee National are designated the following segments in the mile segment of Howard Creek from 0.1 miles Forest within the area depicted on the Map Rogue River: downstream of road 34-9-34 to the confluence as ‘‘Proposed Withdrawal’’ is withdrawn ‘‘(i) KELSEY CREEK.—The approximately with the Rogue River, as a wild river. from all forms of— 6.8-mile segment of Kelsey Creek from the ‘‘(III) WILD RIVER.—The approximately 3.5- (1) entry, appropriation, or disposal under Wild Rogue Wilderness boundary in T. 32 S., mile segment of Anna Creek from its head- the public land laws; R. 9 W., sec. 25, Willamette Meridian, to the waters to the confluence with Howard Creek, (2) location, entry, and patent under the confluence with the Rogue River, as a wild as a wild river. mining laws; and river. ‘‘(x) MULE CREEK.— (3) disposition under the mineral leasing ‘‘(ii) EAST FORK KELSEY CREEK.— ‘‘(I) SCENIC RIVER.—The approximately 3.5- and geothermal leasing laws. ‘‘(I) SCENIC RIVER.—The approximately 0.2- mile segment of Mule Creek from its head- (c) ACQUIRED LAND.—Any land or interest mile segment of East Fork Kelsey Creek waters downstream to the Wild Rogue Wil- in land within the area depicted on the Map from headwaters downstream to the Wild derness boundary as a scenic river. as ‘‘Proposed Withdrawal’’ that is acquired Rogue Wilderness boundary in T. 33 S., R. 8 ‘‘(II) WILD RIVER.—The approximately 7.8- by the United States after the date of enact- W., sec. 5, Willamette Meridian, as a scenic mile segment of Mule Creek from the Wild ment of this Act shall, on acquisition, be im- river. Rogue Wilderness boundary in T. 32 S., R. 9 mediately withdrawn in accordance with this ‘‘(II) WILD RIVER.—The approximately 4.6- W., sec. 29, Willamette Meridian, to the con- section. mile segment of East Fork Kelsey Creek fluence with the Rogue River, as a wild river. (d) AVAILABILITY OF MAP.—The Map shall from the Wild Rogue Wilderness boundary in ‘‘(xi) MISSOURI CREEK.— be kept on file and made available for public T. 33 S., R. 8 W., sec. 5, Willamette Meridian, ‘‘(I) SCENIC RIVER.—The approximately 3.1- inspection in the appropriate offices of the to the confluence with Kelsey Creek, as a mile segment of Missouri Creek from its Forest Service and the Bureau of Land Man- wild river. headwaters downstream to the Wild Rogue agement. ‘‘(iii) WHISKY CREEK.— Wilderness boundary in T. 33 S., R. 10 W., sec. SEC. 1204. EMIGRANT CREVICE WITHDRAWAL. ‘‘(I) RECREATIONAL RIVER.—The approxi- 24, Willamette Meridian, as a scenic river. (a) DEFINITION OF MAP.—In this section, mately 1.6-mile segment of Whisky Creek ‘‘(II) WILD RIVER.—The approximately 1.6- the term ‘‘map’’ means the map entitled from the confluence of the East Fork and mile segment of Missouri Creek from the ‘‘Emigrant Crevice Proposed Withdrawal West Fork to the south boundary of the non- Wild Rogue Wilderness boundary in T. 33 S., Area’’ and dated November 10, 2016. Federal land in T. 33 S., R. 8 W., sec. 17, Wil- R. 10 W., sec. 24, Willamette Meridian, to the (b) WITHDRAWAL.—Subject to valid existing lamette Meridian, as a recreational river. confluence with the Rogue River, as a wild rights in existence on the date of enactment ‘‘(II) WILD RIVER.—The approximately 1.2- river. of this Act, the National Forest System land mile segment of Whisky Creek from road 33- ‘‘(xii) JENNY CREEK.— and interests in the National Forest System 8-23 to the confluence with the Rogue River, ‘‘(I) SCENIC RIVER.—The approximately 3.1- land, as depicted on the map, is withdrawn as a wild river. mile segment of Jenny Creek from its head- from— ‘‘(iv) EAST FORK WHISKY CREEK.— waters downstream to the Wild Rogue Wil- (1) location, entry, and patent under the ‘‘(I) SCENIC RIVER.—The approximately 0.9- derness boundary in T. 33 S., R. 9 W., sec. 28, mining laws; and mile segment of East Fork Whisky Creek Willamette Meridian, as a scenic river. (2) disposition under all laws pertaining to from its headwaters to Wild Rogue Wilder- ‘‘(II) WILD RIVER.—The approximately 1.8- mineral and geothermal leasing. ness boundary in T. 33 S., R. 8 W., sec. 11, mile segment of Jenny Creek from the Wild (c) ACQUIRED LAND.—Any land or interest Willamette Meridian, as a scenic river. Rogue Wilderness boundary in T. 33 S., R. 9 in land within the area depicted on the map ‘‘(II) WILD RIVER.—The approximately 2.6- W., sec. 28, Willamette Meridian, to the con- that is acquired by the United States after mile segment of East Fork Whisky Creek fluence with the Rogue River, as a wild river. the date of enactment of this Act shall, on from the Wild Rogue Wilderness boundary in ‘‘(xiii) RUM CREEK.— acquisition, be immediately withdrawn in T. 33 S., R. 8 W., sec. 11, Willamette Merid- ‘‘(I) SCENIC RIVER.—The approximately 2.2- accordance with this section. ian, downstream to road 33-8-26 crossing, as a mile segment of Rum Creek from its head- (d) MAP.— wild river. waters to the Wild Rogue Wilderness bound- (1) SUBMISSION OF MAP.—As soon as prac- ‘‘(III) RECREATIONAL RIVER.—The approxi- ary in T. 34 S., R. 8 W., sec. 9, Willamette ticable after the date of enactment of this mately 0.3-mile segment of East Fork Whis- Meridian, as a scenic river. Act, the Secretary of Agriculture shall file ky Creek from road 33-8-26 to the confluence ‘‘(II) WILD RIVER.—The approximately 2.2- the map with— with Whisky Creek, as a recreational river. mile segment of Rum Creek from the Wild (A) the Committee on Energy and Natural ‘‘(v) WEST FORK WHISKY CREEK.—The ap- Rogue Wilderness boundary in T. 34 S., R. 8 Resources of the Senate; and proximately 4.8-mile segment of West Fork W., sec. 9, Willamette Meridian, to the con- (B) the Committee on Natural Resources of Whisky Creek from its headwaters to the fluence with the Rogue River, as a wild river. the House of Representatives. confluence with the East Fork Whisky ‘‘(xiv) EAST FORK RUM CREEK.— (2) FORCE OF LAW.—The map filed under Creek, as a wild river. ‘‘(I) SCENIC RIVER.—The approximately 0.8- paragraph (1) shall have the same force and ‘‘(vi) BIG WINDY CREEK.— mile segment of East Fork Rum Creek from effect as if included in this section, except ‘‘(I) SCENIC RIVER.—The approximately 1.5- its headwaters to the Wild Rogue Wilderness that the Secretary of Agriculture may cor- mile segment of Big Windy Creek from its boundary in T. 34 S., R. 8 W., sec. 10, Willam- rect clerical and typographical errors in the headwaters to road 34-9-17.1, as a scenic ette Meridian, as a scenic river. map. river. ‘‘(II) WILD RIVER.—The approximately 1.3- (3) PUBLIC AVAILABILITY.—The map filed ‘‘(II) WILD RIVER.—The approximately 5.8- mile segment of East Fork Rum Creek from under paragraph (1) shall be on file and avail- mile segment of Big Windy Creek from road the Wild Rogue Wilderness boundary in T. 34 able for public inspection in the appropriate 34-9-17.1 to the confluence with the Rogue S., R. 8 W., sec. 10, Willamette Meridian, to offices of the Forest Service and the Bureau River, as a wild river. the confluence with Rum Creek, as a wild of Land Management. ‘‘(vii) EAST FORK BIG WINDY CREEK.— river. (e) EFFECT.—Nothing in this section affects ‘‘(I) SCENIC RIVER.—The approximately 0.2- ‘‘(xv) WILDCAT CREEK.—The approximately any recreational use, including hunting or mile segment of East Fork Big Windy Creek 1.7-mile segment of Wildcat Creek from its

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headwaters downstream to the confluence ‘‘(II) WILD RIVER.—The approximately 1.1- (III) disposition under all laws pertaining with the Rogue River, as a wild river. mile segment of Long Gulch from the Wild to mineral and geothermal leasing or min- ‘‘(xvi) MONTGOMERY CREEK.—The approxi- Rogue Wilderness boundary in T. 33 S., R. 10 eral materials. mately 1.8-mile segment of Montgomery W., sec. 23, Willamette Meridian, to the con- (iv) DESCRIPTION OF STREAM SEGMENTS.— Creek from its headwaters downstream to fluence with the Rogue River, as a wild river. The following are the stream segments re- the confluence with the Rogue River, as a ‘‘(xxxii) BAILEY CREEK.— ferred to in clause (i): wild river. ‘‘(I) SCENIC RIVER.—The approximately 1.4- (I) KELSEY CREEK.—The approximately 2.5- ‘‘(xvii) HEWITT CREEK.— mile segment of Bailey Creek from its head- mile segment of Kelsey Creek from its head- ‘‘(I) SCENIC RIVER.—The approximately 1.4- waters to the Wild Rogue Wilderness bound- waters to the Wild Rogue Wilderness bound- mile segment of Hewitt Creek from its head- ary on the west section line of T. 34 S., R. 8 ary in T. 32 S., R. 9 W., sec. 25, Willamette waters to the Wild Rogue Wilderness bound- W., sec. 14, Willamette Meridian, as a scenic Meridian. ary in T. 33 S., R. 9 W., sec. 19, Willamette river. (II) GRAVE CREEK.—The approximately 10.2- Meridian, as a scenic river. ‘‘(II) WILD RIVER.—The approximately 1.7- mile segment of Grave Creek from the east ‘‘(II) WILD RIVER.—The approximately 1.2- mile segment of Bailey Creek from the west boundary of T. 34 S., R. 7 W., sec. 1, Willam- mile segment of Hewitt Creek from the Wild section line of T. 34 S., R.8 W., sec. 14, Wil- ette Meridian, downstream to the confluence Rogue Wilderness boundary in T. 33 S., R. 9 lamette Meridian, to the confluence of the with the Rogue River. W., sec. 19, Willamette Meridian, to the con- Rogue River, as a wild river. (III) CENTENNIAL GULCH.—The approxi- fluence with the Rogue River, as a wild river. ‘‘(xxxiii) SHADY CREEK.—The approxi- mately 2.2-mile segment of Centennial Gulch ‘‘(xviii) BUNKER CREEK.—The approxi- mately 0.7-mile segment of Shady Creek from its headwaters to its confluence with mately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River in T. 34 S., R. 7, W., sec. 18, from its headwaters to the confluence with the Rogue River, as a wild river. Willamette Meridian. the Rogue River, as a wild river. ‘‘(xxxiv) SLIDE CREEK.— (IV) QUAIL CREEK.—The approximately 0.8- ‘‘(xix) DULOG CREEK.— ‘‘(I) SCENIC RIVER.—The approximately 0.5- mile segment of Quail Creek from its head- ‘‘(I) SCENIC RIVER.—The approximately 0.8- mile segment of Slide Creek from its head- waters to the Wild Rogue Wilderness bound- mile segment of Dulog Creek from its head- waters to road 33-9-6, as a scenic river. ary in T. 33 S., R. 10 W., sec. 1, Willamette waters to 0.1 miles downstream of road 34-8- ‘‘(II) WILD RIVER.—The approximately 0.7- Meridian. 36, as a scenic river. mile section of Slide Creek from road 33-9-6 (V) DITCH CREEK.—The approximately 0.7- ‘‘(II) WILD RIVER.—The approximately 1.0- to the confluence with the Rogue River, as a mile segment of Ditch Creek from its head- mile segment of Dulog Creek from road 34-8- wild river.’’. waters to the Wild Rogue Wilderness bound- 36 to the confluence with the Rogue River, as (B) MANAGEMENT.—Each river segment des- ary in T. 33 S., R. 9 W., sec. 5, Willamette a wild river. ignated by subparagraph (B) of section 3(a)(5) Meridian. ‘‘(xx) QUAIL CREEK.—The approximately of the Wild and Scenic Rivers Act (16 U.S.C. (VI) GALICE CREEK.—The approximately 1.7-mile segment of Quail Creek from the 1274(a)(5)) (as added by subparagraph (A)) 2.2-mile segment of Galice Creek from the Wild Rogue Wilderness boundary in T. 33 S., shall be managed as part of the Rogue Wild confluence with the North Fork Galice Creek R. 10 W., sec. 1, Willamette Meridian, to the and Scenic River. downstream to the confluence with the confluence with the Rogue River, as a wild (C) WITHDRAWAL.—Subject to valid existing Rogue River in T. 34 S., R. 8 W., sec. 36, Wil- river. rights, the Federal land within the bound- lamette Meridian. ‘‘(xxi) MEADOW CREEK.—The approximately aries of the river segments designated by (VII) QUARTZ CREEK.—The approximately 4.1-mile segment of Meadow Creek from its subparagraph (B) of section 3(a)(5) of the 3.3-mile segment of Quartz Creek from its headwaters to the confluence with the Rogue Wild and Scenic Rivers Act (16 U.S.C. headwaters to its confluence with the North River, as a wild river. 1274(a)(5)) (as added by subparagraph (A)) is Fork Galice Creek in T. 35 S., R. 8 W., sec. 4, ‘‘(xxii) RUSSIAN CREEK.—The approxi- withdrawn from all forms of— Willamette Meridian. mately 2.5-mile segment of Russian Creek (i) entry, appropriation, or disposal under (VIII) NORTH FORK GALICE CREEK.—The ap- from the Wild Rogue Wilderness boundary in the public land laws; proximately 5.7-mile segment of the North T. 33 S., R. 8 W., sec. 20, Willamette Merid- (ii) location, entry, and patent under the Fork Galice Creek from its headwaters to its ian, to the confluence with the Rogue River, mining laws; and confluence with the South Fork Galice as a wild river. (iii) disposition under all laws pertaining Creek in T. 35 S., R. 8 W., sec. 3, Willamette ‘‘(xxiii) ALDER CREEK.—The approximately to mineral and geothermal leasing or min- Meridian. 1.2-mile segment of Alder Creek from its eral materials. (2) TECHNICAL CORRECTIONS TO THE WILD headwaters to the confluence with the Rogue (D) ADDITIONAL PROTECTIONS FOR ROGUE AND SCENIC RIVERS ACT.— River, as a wild river. RIVER TRIBUTARIES.— (A) CHETCO, OREGON.—Section 3(a)(69) of ‘‘(xxiv) BOOZE CREEK.—The approximately (i) LICENSING BY COMMISSION.—The Federal 1.5-mile segment of Booze Creek from its Energy Regulatory Commission shall not li- the Wild and Scenic Rivers Act (16 U.S.C. headwaters to the confluence with the Rogue cense the construction of any dam, water 1274(a)(69)) is amended— River, as a wild river. conduit, reservoir, powerhouse, transmission (i) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respec- ‘‘(xxv) BRONCO CREEK.—The approximately line, or other project works on or directly af- 1.8-mile segment of Bronco Creek from its fecting any stream described in clause (iv). tively, and indenting appropriately; headwaters to the confluence with the Rogue (ii) OTHER AGENCIES.— (ii) in the matter preceding clause (i) (as so River, as a wild river. (I) IN GENERAL.—No department or agency redesignated), by striking ‘‘The 44.5-mile’’ ‘‘(xxvi) COPSEY CREEK.—The approximately of the United States shall assist by loan, and inserting the following: 1.5-mile segment of Copsey Creek from its grant, license, or otherwise in the construc- ‘‘(A) DESIGNATIONS.—The 44.5-mile’’; headwaters to the confluence with the Rogue tion of any water resources project on or di- (iii) in clause (i) (as so redesignated)— River, as a wild river. rectly affecting any stream segment that is (I) by striking ‘‘25.5-mile’’ and inserting ‘‘(xxvii) CORRAL CREEK.—The approxi- described in clause (iv), except to maintain ‘‘27.5-mile’’; and mately 0.5-mile segment of Corral Creek or repair water resources projects in exist- (II) by striking ‘‘Boulder Creek at the from its headwaters to the confluence with ence on the date of enactment of this Act. Kalmiopsis Wilderness boundary’’ and insert- the Rogue River, as a wild river. (II) EFFECT.—Nothing in this clause pro- ing ‘‘Mislatnah Creek’’; ‘‘(xxviii) COWLEY CREEK.—The approxi- hibits any department or agency of the (iv) in clause (ii) (as so redesignated)— mately 0.9-mile segment of Cowley Creek United States in assisting by loan, grant, li- (I) by striking ‘‘8-mile’’ and inserting ‘‘7.5- from its headwaters to the confluence with cense, or otherwise, a water resources mile’’; and the Rogue River, as a wild river. project— (II) by striking ‘‘Boulder Creek to Steel ‘‘(xxix) DITCH CREEK.—The approximately (aa) the primary purpose of which is eco- Bridge’’ and inserting ‘‘Mislatnah Creek to 1.8-mile segment of Ditch Creek from the logical or aquatic restoration; Eagle Creek’’; Wild Rogue Wilderness boundary in T. 33 S., (bb) that provides a net benefit to water (v) in clause (iii) (as so redesignated)— R. 9 W., sec. 5, Willamette Meridian, to its quality and aquatic resources; and (I) by striking ‘‘11-mile’’ and inserting ‘‘9.5- confluence with the Rogue River, as a wild (cc) that is consistent with protecting and mile’’; and river. enhancing the values for which the river was (II) by striking ‘‘Steel Bridge’’ and insert- ‘‘(xxx) FRANCIS CREEK.—The approximately designated. ing ‘‘Eagle Creek’’; and 0.9-mile segment of Francis Creek from its (iii) WITHDRAWAL.—Subject to valid exist- (vi) by adding at the end the following: headwaters to the confluence with the Rogue ing rights, the Federal land located within 1⁄4 ‘‘(B) WITHDRAWAL.—Subject to valid rights, River, as a wild river. mile on either side of the stream segments the Federal land within the boundaries of ‘‘(xxxi) LONG GULCH.— described in clause (iv) is withdrawn from all the river segments designated by subpara- ‘‘(I) SCENIC RIVER.—The approximately 1.4- forms of— graph (A) is withdrawn from all forms of— mile segment of Long Gulch from its head- (I) entry, appropriation, or disposal under ‘‘(i) entry, appropriation, or disposal under waters to the Wild Rogue Wilderness bound- the public land laws; the public land laws; ary in T. 33 S., R. 10 W., sec. 23, Willamette (II) location, entry, and patent under the ‘‘(ii) location, entry, and patent under the Meridian, as a scenic river. mining laws; and mining laws; and

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S949 ‘‘(iii) disposition under all laws pertaining boundaries of the river segments designated ‘‘(I) its headwaters to Forest Service Road to mineral and geothermal leasing or min- by subparagraph (A) is withdrawn from all 5325, as a wild river; and eral materials.’’. forms of— ‘‘(II) Forest Service Road 5325 to its con- (B) WHYCHUS CREEK, OREGON.—Section ‘‘(i) entry, appropriation, or disposal under fluence with the Elk River, as a scenic river. 3(a)(102) of the Wild and Scenic Rivers Act the public land laws; ‘‘(ix) MILBURY CREEK.—The approximately (16 U.S.C. 1274(a)(102)) is amended— ‘‘(ii) location, entry, and patent under the 1.5-mile segment of Milbury Creek from— (i) in the paragraph heading, by striking mining laws; and ‘‘(I) its headwaters to Forest Service Road ‘‘SQUAW CREEK’’ and inserting ‘‘WHYCHUS ‘‘(iii) disposition under all laws relating to 5325, as a wild river; and CREEK’’; mineral and geothermal leasing or mineral ‘‘(II) Forest Service Road 5325 to its con- (ii) by redesignating subparagraphs (A) and materials.’’. fluence with the Elk River, as a scenic river. (B) as clauses (i) and (ii), respectively, and (5) DESIGNATION OF ADDITIONAL WILD AND ‘‘(x) BLACKBERRY CREEK.—The approxi- indenting appropriately; SCENIC RIVERS.— mately 5.0-mile segment of Blackberry Creek (iii) in the matter preceding clause (i) (as (A) ELK RIVER, OREGON.— from— so redesignated)— (i) IN GENERAL.—Section 3(a) of the Wild ‘‘(I) its headwaters to Forest Service Road (I) by striking ‘‘The 15.4-mile’’ and insert- and Scenic Rivers Act (16 U.S.C. 1274(a)) is 5325, as a wild river; and ing the following: amended by striking paragraph (76) and in- ‘‘(II) Forest Service Road 5325 to its con- ‘‘(A) DESIGNATIONS.—The 15.4-mile’’; and serting the following: fluence with the Elk River, as a scenic river. (II) by striking ‘‘McAllister Ditch, includ- ‘‘(76) ELK, OREGON.—The 69.2-mile segment ‘‘(xi) EAST FORK BLACKBERRY CREEK.—The ing the Soap Fork Squaw Creek, the North to be administered by the Secretary of Agri- approximately 2.0-mile segment of the Fork, the South Fork, the East and West culture in the following classes: unnamed tributary locally known as ‘East Forks of Park Creek, and Park Creek Fork’’ ‘‘(A) MAINSTEM.—The 17-mile segment from Fork Blackberry Creek’ from its headwaters and inserting ‘‘Plainview Ditch, including the confluence of the North and South Forks in T. 33 S., R. 13 W., sec. 26, Willamette Me- the Soap Creek, the North and South Forks of the Elk to Anvil Creek as a recreational ridian, to its confluence with Blackberry of Whychus Creek, the East and West Forks river. Creek, as a wild river. of Park Creek, and Park Creek’’; ‘‘(B) NORTH FORK.— ‘‘(xii) MCCURDY CREEK.—The approximately (iv) in clause (ii) (as so redesignated), by ‘‘(i) SCENIC RIVER.—The approximately 0.6- 1.0-mile segment of McCurdy Creek from— striking ‘‘McAllister Ditch’’ and inserting mile segment of the North Fork Elk from its ‘‘(I) its headwaters to Forest Service Road ‘‘Plainview Ditch’’; and source in T. 33 S., R. 12 W., sec. 21, Willam- 5325, as a wild river; and (v) by adding at the end the following: ette Meridian, downstream to 0.01 miles ‘‘(II) Forest Service Road 5325 to its con- ‘‘(B) WITHDRAWAL.—Subject to valid exist- below Forest Service Road 3353, as a scenic fluence with the Elk River, as a scenic river. ing rights, the Federal land within the river. ‘‘(xiii) BEAR CREEK.—The approximately boundaries of the river segments designated ‘‘(ii) WILD RIVER.—The approximately 5.5- 1.5-mile segment of Bear Creek from head- by subparagraph (A) is withdrawn from all mile segment of the North Fork Elk from waters to the confluence with Bald Mountain forms of— 0.01 miles below Forest Service Road 3353 to Creek, as a recreational river. ‘‘(i) entry, appropriation, or disposal under its confluence with the South Fork Elk, as a ‘‘(xiv) BUTLER CREEK.—The approximately the public land laws; wild river. 4-mile segment of Butler Creek from— ‘‘(ii) location, entry, and patent under the ‘‘(C) SOUTH FORK.— ‘‘(I) its headwaters to the south boundary mining laws; and ‘‘(i) SCENIC RIVER.—The approximately 0.9- of T. 33 S., R. 13 W., sec. 8, Willamette Merid- ‘‘(iii) disposition under all laws relating to mile segment of the South Fork Elk from its ian, as a wild river; and mineral and geothermal leasing or mineral source in the southeast quarter of T. 33 S., R. ‘‘(II) from the south boundary of T. 33 S., materials.’’. 12 W., sec. 32, Willamette Meridian, Forest R. 13 W., sec. 8, Willamette Meridian, to its (3) WILD AND SCENIC RIVER DESIGNATIONS, Service Road 3353, as a scenic river. confluence with Elk River, as a scenic river. WASSON CREEK AND FRANKLIN CREEK, OR- ‘‘(ii) WILD RIVER.—The approximately 4.2- ‘‘(xv) EAST FORK BUTLER CREEK.—The ap- EGON.—Section 3(a) of the Wild and Scenic mile segment of the South Fork Elk from proximately 2.8-mile segment locally known Rivers Act (16 U.S.C. 1274(a)) is amended by 0.01 miles below Forest Service Road 3353 to as the ‘East Fork of Butler Creek’ from its adding at the end the following: its confluence with the North Fork Elk, as a headwaters on Mount Butler in T. 32 S., R. 13 ‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5- wild river. W., sec. 29, Willamette Meridian, to its con- mile segment from its headwaters to the pri- ‘‘(D) OTHER TRIBUTARIES.— fluence with Butler Creek, as a scenic river. vate land boundary in sec. 8, to be adminis- ‘‘(i) ROCK CREEK.—The approximately 1.7- ‘‘(xvi) PURPLE MOUNTAIN CREEK.—The ap- tered by the Secretary of Agriculture as a mile segment of Rock Creek from its head- proximately 2.0-mile segment locally known wild river. waters to the west boundary of T. 32 S., R. 14 as ‘Purple Mountain Creek’ from— ‘‘(215) WASSON CREEK, OREGON.—The 10.1- W., sec. 30, Willamette Meridian, as a wild ‘‘(I) its headwaters in secs. 35 and 36, T. 33 mile segment in the following classes: river. S., R. 14 W., Willamette Meridian, to 0.01 ‘‘(A) The 4.2-mile segment from the eastern ‘‘(ii) BALD MOUNTAIN CREEK.—The approxi- miles above Forest Service Road 5325, as a boundary of T. 21 S., R. 9 W., sec. 17, down- mately 8-mile segment of Bald Mountain wild river; and stream to the western boundary of T. 21 S., Creek from its headwaters, including Salal ‘‘(II) 0.01 miles above Forest Service Road R. 10 W., sec. 12, to be administered by the Spring to its confluence with Elk River, as a 5325 to its confluence with the Elk River, as Secretary of the Interior as a wild river. recreational river. a scenic river.’’. ‘‘(B) The 5.9-mile segment from the west- ‘‘(iii) SOUTH FORK BALD MOUNTAIN CREEK.— (ii) WITHDRAWAL.—Subject to valid exist- ern boundary of T. 21 S., R. 10 W., sec. 12, The approximately 3.5-mile segment of ing rights, the Federal land within the downstream to the eastern boundary of the South Fork Bald Mountain Creek from its boundaries of the river segments designated northwest quarter of T. 21 S., R. 10 W., sec. headwaters to its confluence with Bald by paragraph (76) of section 3(a) of the Wild 22, to be administered by the Secretary of Mountain Creek, as a scenic river. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as Agriculture as a wild river.’’. ‘‘(iv) PLATINUM CREEK.—The approximately amended by clause (i)) is withdrawn from all (4) WILD AND SCENIC RIVER DESIGNATIONS, 1-mile segment of Platinum Creek from— forms of— MOLALLA RIVER, OREGON.—Section 3(a) of the ‘‘(I) its headwaters to Forest Service Road (I) entry, appropriation, or disposal under Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 5325, as a wild river; and the public land laws; (as amended by paragraph (3)) is amended by ‘‘(II) Forest Service Road 5325 to its con- (II) location, entry, and patent under the adding at the end the following: fluence with Elk River, as a scenic river. mining laws; and ‘‘(216) MOLALLA RIVER, OREGON.— ‘‘(v) PANTHER CREEK.—The approximately (III) disposition under all laws relating to ‘‘(A) IN GENERAL.—The following segments 5.0-mile segment of Panther Creek from— mineral and geothermal leasing or mineral in the State of Oregon, to be administered by ‘‘(I) its headwaters, including Mountain materials. the Secretary of the Interior as a rec- Well, to Forest Service Road 5325, as a wild (B) DESIGNATION OF WILD AND SCENIC RIVER reational river: river; and SEGMENTS.— ‘‘(i) MOLALLA RIVER.—The approximately ‘‘(II) Forest Service Road 5325 to its con- (i) IN GENERAL.—Section 3(a) of the Wild 15.1-mile segment from the southern bound- fluence with Elk River, as a scenic river. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as ary line of T. 7 S., R. 4 E., sec. 19, down- ‘‘(vi) EAST FORK PANTHER CREEK.—The ap- amended by paragraph (4)) is amended by stream to the edge of the Bureau of Land proximately 3.0-mile segment of East Fork adding at the end the following: Management boundary in T. 6 S., R. 3 E., sec. Panther Creek from it headwaters, to the ‘‘(217) NESTUCCA RIVER, OREGON.—The ap- 7. confluence with Panther Creek, as a wild proximately 15.5-mile segment from its con- ‘‘(ii) TABLE ROCK FORK MOLALLA RIVER.— river. fluence with Ginger Creek downstream until The approximately 6.2-mile segment from ‘‘(vii) WEST FORK PANTHER CREEK.—The ap- it crosses the western edge of T. 4 S., R. 7 W., the easternmost Bureau of Land Manage- proximately 3.0-mile segment of West Fork sec. 7, Willamette Meridian, to be adminis- ment boundary line in the NE1⁄4 sec. 4, T. 7 Panther Creek from its headwaters to the tered by the Secretary of the Interior as a S., R. 4 E., downstream to the confluence confluence with Panther Creek as a wild recreational river. with the Molalla River. river. ‘‘(218) WALKER CREEK, OREGON.—The ap- ‘‘(B) WITHDRAWAL.—Subject to valid exist- ‘‘(viii) LOST CREEK.—The approximately proximately 2.9-mile segment from the head- ing rights, the Federal land within the 1.0-mile segment of Lost Creek from— waters in T. 3 S., R. 6 W., sec. 20 downstream

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to the confluence with the Nestucca River in (2) DESIGNATION.—In accordance with the for the Recreation Area developed under sec- T. 3 S., R. 6 W., sec. 15, Willamette Meridian, Wilderness Act (16 U.S.C. 1131 et seq.), the tion 1222(c). to be administered by the Secretary of the approximately 30,621 acres of Forest Service (4) MAP.—The term ‘‘Map’’ means the map Interior as a recreational river. land and Bureau of Land Management land entitled ‘‘Emery County Public Land Man- ‘‘(219) NORTH FORK SILVER CREEK, OREGON.— in the State, as generally depicted on the agement Act of 2018 Overview Map’’ and The approximately 6-mile segment from the map, is designated as wilderness and as a dated February 5, 2019. headwaters in T. 35 S., R. 9 W., sec. 1 down- component of the National Wilderness Pres- (5) RECREATION AREA.—The term ‘‘Recre- stream to the western edge of the Bureau of ervation System, to be known as the ‘‘Dev- ation Area’’ means the San Rafael Swell Land Management boundary in T. 35 S., R. 9 il’s Staircase Wilderness’’. Recreation Area established by section W., sec. 17, Willamette Meridian, to be ad- (3) MAP; LEGAL DESCRIPTION.— 1221(a)(1). ministered by the Secretary of the Interior (A) IN GENERAL.—As soon as practicable (6) SECRETARY.—The term ‘‘Secretary’’ as a recreational river. after the date of enactment of this Act, the means— ‘‘(220) JENNY CREEK, OREGON.—The approxi- Secretary shall prepare a map and legal de- (A) the Secretary, with respect to public mately 17.6-mile segment from the Bureau of scription of the Wilderness. land administered by the Bureau of Land Land Management boundary located at the (B) FORCE OF LAW.—The map and legal de- Management; and north boundary of the southwest quarter of scription prepared under subparagraph (A) (B) the Secretary of Agriculture, with re- the southeast quarter of T. 38 S., R. 4 E., sec. shall have the same force and effect as if in- spect to National Forest System land. 34, Willamette Meridian, downstream to the cluded in this subsection, except that the (7) STATE.—The term ‘‘State’’ means the Oregon State border, to be administered by Secretary may correct clerical and typo- State of Utah. the Secretary of the Interior as a scenic graphical errors in the map and legal de- (8) WILDERNESS AREA.—The term ‘‘wilder- river. scription. ness area’’ means a wilderness area des- ‘‘(221) SPRING CREEK, OREGON.—The ap- (C) AVAILABILITY.—The map and legal de- ignated by section 1231(a). proximately 1.1-mile segment from its source scription prepared under subparagraph (A) SEC. 1212. ADMINISTRATION. at Shoat Springs in T. 40 S., R. 4 E., sec. 34, shall be on file and available for public in- Nothing in this part affects or modifies— Willamette Meridian, downstream to the spection in the appropriate offices of the (1) any right of any federally recognized In- confluence with Jenny Creek in T. 41 S., R. Forest Service and Bureau of Land Manage- dian Tribe; or 4 E., sec. 3, Willamette Meridian, to be ad- ment. (2) any obligation of the United States to ministered by the Secretary of the Interior (4) ADMINISTRATION.—Subject to valid ex- any federally recognized Indian Tribe. as a scenic river. isting rights, the area designated as wilder- SEC. 1213. EFFECT ON WATER RIGHTS. ‘‘(222) LOBSTER CREEK, OREGON.—The ap- ness by this subsection shall be administered Nothing in this part— proximately 5-mile segment from T. 15 S., R. by the Secretary in accordance with the Wil- (1) affects the use or allocation, in exist- 8 W., sec. 35, Willamette Meridian, down- derness Act (16 U.S.C. 1131 et seq.), except ence on the date of enactment of this Act, of stream to the northern edge of the Bureau of that— any water, water right, or interest in water; Land Management boundary in T. 15 S., R. 8 (A) any reference in that Act to the effec- (2) affects any water right (as defined by W., sec. 15, Willamette Meridian, to be ad- tive date shall be considered to be a ref- applicable State law) in existence on the ministered by the Secretary of the Interior erence to the date of enactment of this Act; date of enactment of this Act, including any as a recreational river. and water right held by the United States; ‘‘(223) ELK CREEK, OREGON.—The approxi- (B) any reference in that Act to the Sec- (3) affects any interstate water compact in mately 7.3-mile segment from its confluence retary of Agriculture shall be considered to with Flat Creek near river mile 9, to the existence on the date of enactment of this be a reference to the Secretary that has ju- Act; southern edge of the Army Corps of Engi- risdiction over the land within the Wilder- neers boundary in T. 33 S., R. 1 E., sec. 30, (4) shall be considered to be a relinquish- ness. Willamette Meridian, near river mile 1.7, to ment or reduction of any water rights re- (5) FISH AND WILDLIFE.—Nothing in this be administered by the Secretary of the Inte- served or appropriated by the United States subsection affects the jurisdiction or respon- rior as a scenic river.’’. in the State on or before the date of enact- sibilities of the State with respect to fish (ii) ADMINISTRATION OF ELK CREEK.— ment of this Act; or and wildlife in the State. (I) LATERAL BOUNDARIES OF ELK CREEK.— (5) affects the management and operation (6) ADJACENT MANAGEMENT.— The lateral boundaries of the river segment of Flaming Gorge Dam and Reservoir, in- (A) IN GENERAL.—Nothing in this sub- designated by paragraph (223) of section 3(a) cluding the storage, management, and re- section creates any protective perimeter or of the Wild and Scenic Rivers Act (16 U.S.C. lease of water. buffer zone around the Wilderness. 1274(a)) (as added by clause (i)) shall include SEC. 1214. SAVINGS CLAUSE. (B) ACTIVITIES OUTSIDE WILDERNESS.—The an average of not more than 640 acres per Nothing in this part diminishes the au- mile measured from the ordinary high water fact that a nonwilderness activity or use on thority of the Secretary under Public Law mark on both sides of the river segment. land outside the Wilderness can be seen or 92–195 (commonly known as the ‘‘Wild Free- heard within the Wilderness shall not pre- (II) DEAUTHORIZATION.—The Elk Creek Roaming Horses and Burros Act’’) (16 U.S.C. Project authorized under the Flood Control clude the activity or use outside the bound- 1331 et seq.). ary of the Wilderness. Act of 1962 (Public Law 87–874; 76 Stat. 1192) Subpart A—San Rafael Swell Recreation Area is deauthorized. (7) PROTECTION OF TRIBAL RIGHTS.—Nothing in this subsection diminishes any treaty SEC. 1221. ESTABLISHMENT OF RECREATION (iii) WITHDRAWAL.—Subject to valid exist- AREA. rights of an Indian Tribe. ing rights, the Federal land within the (a) ESTABLISHMENT.— (8) TRANSFER OF ADMINISTRATIVE JURISDIC- boundaries of the river segments designated (1) IN GENERAL.—Subject to valid existing TION.— by paragraphs (217) through (223) of section rights, there is established the San Rafael (A) IN GENERAL.—Administrative jurisdic- 3(a) of the Wild and Scenic Rivers Act (16 Swell Recreation Area in the State. tion over the approximately 49 acres of Bu- U.S.C. 1274(a)) (as added by clause (i)) is (2) AREA INCLUDED.—The Recreation Area reau of Land Management land north of the withdrawn from all forms of— shall consist of approximately 216,995 acres Umpqua River in T. 21 S., R. 11 W., sec. 32, is (I) entry, appropriation, or disposal under of Federal land managed by the Bureau of transferred from the Bureau of Land Man- the public land laws; Land Management, as generally depicted on agement to the Forest Service. (II) location, entry, and patent under the the Map. (B) ADMINISTRATION.—The Secretary shall mining laws; and (b) PURPOSES.—The purposes of the Recre- (III) disposition under all laws relating to administer the land transferred by subpara- ation Area are to provide for the protection, mineral and geothermal leasing or mineral graph (A) in accordance with— conservation, and enhancement of the rec- materials. (i) the Act of March 1, 1911 (commonly reational, cultural, natural, scenic, wildlife, (b) DEVIL’S STAIRCASE WILDERNESS.— known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et ecological, historical, and educational re- (1) DEFINITIONS.—In this subsection: seq.); and sources of the Recreation Area. (A) MAP.—The term ‘‘map’’ means the map (ii) any laws (including regulations) appli- (c) MAP AND LEGAL DESCRIPTION.— entitled ‘‘Devil’s Staircase Wilderness Pro- cable to the National Forest System. (1) IN GENERAL.—As soon as practicable posal’’ and dated July 26, 2018. PART II—EMERY COUNTY PUBLIC LAND after the date of enactment of this Act, the (B) SECRETARY.—The term ‘‘Secretary’’ MANAGEMENT Secretary shall file a map and legal descrip- means— SEC. 1211. DEFINITIONS. tion of the Recreation Area with the Com- (i) the Secretary, with respect to public In this part: mittee on Natural Resources of the House of land administered by the Secretary; or (1) COUNCIL.—The term ‘‘Council’’ means Representatives and the Committee on En- (ii) the Secretary of Agriculture, with re- the San Rafael Swell Recreation Area Advi- ergy and Natural Resources of the Senate. spect to National Forest System land. sory Council established under section (2) EFFECT.—The map and legal description (C) STATE.—The term ‘‘State’’ means the 1223(a). filed under paragraph (1) shall have the same State of Oregon. (2) COUNTY.—The term ‘‘County’’ means force and effect as if included in this subpart, (D) WILDERNESS.—The term ‘‘Wilderness’’ Emery County in the State. except that the Secretary may correct cler- means the Devil’s Staircase Wilderness des- (3) MANAGEMENT PLAN.—The term ‘‘Man- ical and typographical errors in the map and ignated by paragraph (2). agement Plan’’ means the management plan legal description.

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(3) PUBLIC AVAILABILITY.—A copy of the ated with grazing activities in the Recre- the landscape, archeological sites, or cul- map and legal description filed under para- ation Area. tural sites within the County. graph (1) shall be on file and available for (f) COLD WAR SITES.—The Secretary shall Subpart B—Wilderness Areas manage the Recreation Area in a manner public inspection in the appropriate offices SEC. 1231. ADDITIONS TO THE NATIONAL WIL- of the Bureau of Land Management. that educates the public about Cold War and DERNESS PRESERVATION SYSTEM. SEC. 1222. MANAGEMENT OF RECREATION AREA. historic uranium mine sites in the Recre- (a) ADDITIONS.—In accordance with the (a) IN GENERAL.—The Secretary shall ad- ation Area, subject to such terms and condi- Wilderness Act (16 U.S.C. 1131 et seq.), the minister the Recreation Area— tions as the Secretary considers necessary to following land in the State is designated as (1) in a manner that conserves, protects, protect public health and safety. wilderness and as components of the Na- and enhances the purposes for which the (g) INCORPORATION OF ACQUIRED LAND AND tional Wilderness Preservation System: INTERESTS.—Any land or interest in land lo- Recreation Area is established; and (1) BIG WILD HORSE MESA.—Certain Federal (2) in accordance with— cated within the boundary of the Recreation land managed by the Bureau of Land Man- (A) this section; Area that is acquired by the United States agement, comprising approximately 18,192 (B) the Federal Land Policy and Manage- after the date of enactment of this Act acres, generally depicted on the Map as ment Act of 1976 (43 U.S.C. 1701 et seq.); and shall— ‘‘Proposed Big Wild Horse Mesa Wilderness’’, (C) other applicable laws. (1) become part of the Recreation Area; which shall be known as the ‘‘Big Wild Horse and (b) USES.—The Secretary shall allow only Mesa Wilderness’’. (2) be managed in accordance with applica- uses of the Recreation Area that are con- (2) COLD WASH.—Certain Federal land man- sistent with the purposes for which the ble laws, including as provided in this sec- aged by the Bureau of Land Management, Recreation Area is established. tion. comprising approximately 11,001 acres, gen- (h) WITHDRAWAL.—Subject to valid existing (c) MANAGEMENT PLAN.— erally depicted on the Map as ‘‘Proposed rights, all Federal land within the Recre- (1) IN GENERAL.—Not later than 5 years Cold Wash Wilderness’’, which shall be ation Area, including any land or interest in after the date of enactment of this Act, the known as the ‘‘Cold Wash Wilderness’’. land that is acquired by the United States Secretary shall develop a comprehensive (3) DESOLATION CANYON.—Certain Federal within the Recreation Area after the date of management plan for the long-term protec- land managed by the Bureau of Land Man- enactment of this Act, is withdrawn from— tion and management of the Recreation agement, comprising approximately 142,996 (1) entry, appropriation, or disposal under Area. acres, generally depicted on the Map as the public land laws; (2) REQUIREMENTS.—The Management Plan ‘‘Proposed Desolation Canyon Wilderness’’, (2) location, entry, and patent under the shall— which shall be known as the ‘‘Desolation mining laws; and (A) describe the appropriate uses and man- Canyon Wilderness’’. (3) operation of the mineral leasing, min- agement of the Recreation Area; (4) DEVIL’S CANYON.—Certain Federal land eral materials, and geothermal leasing laws. (B) be developed with extensive public managed by the Bureau of Land Manage- (i) STUDY OF NONMOTORIZED RECREATION input; ment, comprising approximately 8,675 acres, OPPORTUNITIES.—Not later than 2 years after (C) take into consideration any informa- the date of enactment of this Act, the Sec- generally depicted on the Map as ‘‘Proposed tion developed in studies of the land within retary, in consultation with interested par- Devil’s Canyon Wilderness’’, which shall be the Recreation Area; and ties, shall conduct a study of nonmotorized known as the ‘‘Devil’s Canyon Wilderness’’. (D) be developed fully consistent with the recreation trail opportunities, including bi- (5) EAGLE CANYON.—Certain Federal land settlement agreement entered into on Janu- cycle trails, within the Recreation Area, managed by the Bureau of Land Manage- ary 13, 2017, in the case in the United States consistent with the purposes of the Recre- ment, comprising approximately 13,832 acres, District Court for the District of Utah styled ation Area. generally depicted on the Map as ‘‘Proposed ‘‘Southern Utah Wilderness Alliance, et al. v. (j) COOPERATIVE AGREEMENT.—The Sec- Eagle Canyon Wilderness’’, which shall be U.S. Department of the Interior, et al.’’ and retary may enter into a cooperative agree- known as the ‘‘Eagle Canyon Wilderness’’. numbered 2:12–cv–257 DAK. ment with the State in accordance with sec- (6) HORSE VALLEY.—Certain Federal land (d) MOTORIZED VEHICLES; NEW ROADS.— tion 307(b) of the Federal Land Policy and managed by the Bureau of Land Manage- (1) MOTORIZED VEHICLES.—Except as needed Management Act of 1976 (43 U.S.C. 1737(b)) ment, comprising approximately 12,201 acres, for emergency response or administrative and other applicable laws to provide for the generally depicted on the Map as ‘‘Proposed purposes, the use of motorized vehicles in protection, management, and maintenance Horse Valley Wilderness’’, which shall be the Recreation Area shall be permitted only of the Recreation Area. known as the ‘‘Horse Valley Wilderness’’. ABYRINTH CANYON on roads and motorized routes designated in SEC. 1223. SAN RAFAEL SWELL RECREATION (7) L .—Certain Federal the Management Plan for the use of motor- AREA ADVISORY COUNCIL. land managed by the Bureau of Land Man- ized vehicles. (a) ESTABLISHMENT.—Not later than 180 agement, comprising approximately 54,643 (2) NEW ROADS.—No new permanent or tem- days after the date of enactment of this Act, acres, generally depicted on the Map as porary roads or other motorized vehicle the Secretary shall establish an advisory ‘‘Proposed Labyrinth Canyon Wilderness’’, routes shall be constructed within the Recre- council, to be known as the ‘‘San Rafael which shall be known as the ‘‘Labyrinth ation Area after the date of enactment of Swell Recreation Area Advisory Council’’. Canyon Wilderness’’. this Act. (b) DUTIES.—The Council shall advise the (8) LITTLE OCEAN DRAW.—Certain Federal (3) EXISTING ROADS.— Secretary with respect to the preparation land managed by the Bureau of Land Man- (A) IN GENERAL.—Necessary maintenance and implementation of the Management agement, comprising approximately 20,660 or repairs to existing roads designated in the Plan for the Recreation Area. acres, generally depicted on the Map as Management Plan for the use of motorized (c) APPLICABLE LAW.—The Council shall be ‘‘Proposed Little Ocean Draw Wilderness’’, vehicles, including necessary repairs to keep subject to— which shall be known as the ‘‘Little Ocean existing roads free of debris or other safety (1) the Federal Advisory Committee Act (5 Draw Wilderness’’. hazards, shall be permitted after the date of U.S.C. App.); and (9) LITTLE WILD HORSE CANYON.—Certain enactment of this Act, consistent with the (2) section 309 of the Federal Land Policy Federal land managed by the Bureau of Land requirements of this section. and Management Act of 1976 (43 U.S.C. 1739). Management, comprising approximately (B) EFFECT.—Nothing in this subsection (d) MEMBERS.—The Council shall include 7 5,479 acres, generally depicted on the Map as prevents the Secretary from rerouting an ex- members, to be appointed by the Secretary, ‘‘Proposed Little Wild Horse Canyon Wilder- isting road or trail to protect Recreation of whom, to the maximum extent prac- ness’’, which shall be known as the ‘‘Little Area resources from degradation or to pro- ticable— Wild Horse Canyon Wilderness’’. tect public safety, as determined to be appro- (1) 1 member shall represent the Emery (10) LOWER LAST CHANCE.—Certain Federal priate by the Secretary. County Commission; land managed by the Bureau of Land Man- (e) GRAZING.— (2) 1 member shall represent motorized rec- agement, comprising approximately 19,338 (1) IN GENERAL.—The grazing of livestock reational users; acres, generally depicted on the Map as in the Recreation Area, if established before (3) 1 member shall represent nonmotorized ‘‘Proposed Lower Last Chance Wilderness’’, the date of enactment of this Act, shall be recreational users; which shall be known as the ‘‘Lower Last allowed to continue, subject to such reason- (4) 1 member shall represent permittees Chance Wilderness’’. able regulations, policies, and practices as holding grazing allotments within the Recre- (11) MEXICAN MOUNTAIN.—Certain Federal the Secretary considers to be necessary in ation Area or wilderness areas designated in land managed by the Bureau of Land Man- accordance with— this part; agement, comprising approximately 76,413 (A) applicable law (including regulations); (5) 1 member shall represent conservation acres, generally depicted on the Map as and organizations; ‘‘Proposed Mexican Mountain Wilderness’’, (B) the purposes of the Recreation Area. (6) 1 member shall have expertise in the which shall be known as the ‘‘Mexican Moun- (2) INVENTORY.—Not later than 5 years historical uses of the Recreation Area; and tain Wilderness’’. after the date of enactment of this Act, the (7) 1 member shall be appointed from the (12) MIDDLE WILD HORSE MESA.—Certain Secretary, in collaboration with any affected elected leadership of a Federally recognized Federal land managed by the Bureau of Land grazing permittee, shall carry out an inven- Indian Tribe that has significant cultural or Management, comprising approximately tory of facilities and improvements associ- historical connections to, and expertise in, 16,343 acres, generally depicted on the Map as

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S952 CONGRESSIONAL RECORD — SENATE February 6, 2019 ‘‘Proposed Middle Wild Horse Mesa Wilder- lished before the date of the enactment of (B) shall affect any water rights in the ness’’, which shall be known as the ‘‘Middle this Act— State existing on the date of enactment of Wild Horse Mesa Wilderness’’. (1) in accordance with the Wilderness Act this Act, including any water rights held by (13) MUDDY CREEK.—Certain Federal land (16 U.S.C. 1131 et seq.); and the United States; managed by the Bureau of Land Manage- (2) subject to any terms and conditions de- (C) shall be construed as establishing a ment, comprising approximately 98,023 acres, termined to be necessary by the Secretary. precedent with regard to any future wilder- generally depicted on the Map as ‘‘Proposed (c) TRAIL PLAN.—After providing opportu- ness designations; Muddy Creek Wilderness’’, which shall be nities for public comment, the Secretary (D) shall affect the interpretation of, or known as the ‘‘Muddy Creek Wilderness’’. shall establish a trail plan that addresses any designation made pursuant to, any other (14) NELSON MOUNTAIN.— hiking and equestrian trails on the wilder- Act; or (A) IN GENERAL.—Certain Federal land ness areas in a manner consistent with the (E) shall be construed as limiting, altering, managed by the Forest Service, comprising Wilderness Act (16 U.S.C. 1131 et seq.). modifying, or amending any of the interstate approximately 7,176 acres, and certain Fed- (d) LIVESTOCK.— compacts or equitable apportionment de- eral land managed by the Bureau of Land (1) IN GENERAL.—The grazing of livestock crees that apportions water among and be- Management, comprising approximately 257 in the wilderness areas, if established before tween the State and other States. acres, generally depicted on the Map as the date of enactment of this Act, shall be (2) STATE WATER LAW.—The Secretary shall ‘‘Proposed Nelson Mountain Wilderness’’, allowed to continue, subject to such reason- follow the procedural and substantive re- which shall be known as the ‘‘Nelson Moun- able regulations, policies, and practices as quirements of the State in order to obtain tain Wilderness’’. the Secretary considers to be necessary in and hold any water rights not in existence on (B) TRANSFER OF ADMINISTRATIVE JURISDIC- accordance with— the date of enactment of this Act with re- TION.—Administrative jurisdiction over the (A) section 4(d)(4) of the Wilderness Act (16 spect to the wilderness areas. 257-acre portion of the Nelson Mountain Wil- U.S.C. 1133(d)(4)); and (j) MEMORANDUM OF UNDERSTANDING.—The derness designated by subparagraph (A) is (B) the guidelines set forth in Appendix A Secretary shall offer to enter into a memo- transferred from the Bureau of Land Man- of the report of the Committee on Interior randum of understanding with the County, in agement to the Forest Service. and Insular Affairs of the House of Rep- accordance with the Wilderness Act (16 (15) RED’S CANYON.—Certain Federal land resentatives accompanying H.R. 2570 of the U.S.C. 1131 et seq.), to clarify the approval managed by the Bureau of Land Manage- 101st Congress (House Report 101–405). processes for the use of motorized equipment ment, comprising approximately 17,325 acres, (2) INVENTORY.—With respect to each wil- and mechanical transport for search and res- generally depicted on the Map as ‘‘Proposed derness area in which grazing of livestock is cue activities in the Muddy Creek Wilderness Red’s Canyon Wilderness’’, which shall be allowed to continue under paragraph (1), not established by section 1231(a)(13). known as the ‘‘Red’s Canyon Wilderness’’. later than 2 years after the date of enact- SEC. 1233. FISH AND WILDLIFE MANAGEMENT. (16) SAN RAFAEL REEF.—Certain Federal ment of this Act, the Secretary, in collabora- Nothing in this subpart affects the juris- land managed by the Bureau of Land Man- tion with any affected grazing permittee, diction of the State with respect to fish and agement, comprising approximately 60,442 shall carry out an inventory of facilities and wildlife on public land located in the State. acres, generally depicted on the Map as improvements associated with grazing ac- SEC. 1234. RELEASE. tivities in the wilderness area. ‘‘Proposed San Rafael Reef Wilderness’’, (a) FINDING.—Congress finds that, for the (e) ADJACENT MANAGEMENT.— which shall be known as the ‘‘San Rafael purposes of section 603(c) of the Federal Land (1) IN GENERAL.—Congress does not intend Reef Wilderness’’. Policy and Management Act of 1976 (43 for the designation of the wilderness areas to (17) SID’S MOUNTAIN.—Certain Federal land U.S.C. 1782(c)), the approximately 17,420 create protective perimeters or buffer zones managed by the Bureau of Land Manage- acres of public land administered by the Bu- around the wilderness areas. ment, comprising approximately 49,130 acres, reau of Land Management in the County (2) NONWILDERNESS ACTIVITIES.—The fact generally depicted on the Map as ‘‘Proposed that has not been designated as wilderness that nonwilderness activities or uses can be Sid’s Mountain Wilderness’’, which shall be by section 1231(a) has been adequately stud- seen or heard from areas within a wilderness known as the ‘‘Sid’s Mountain Wilderness’’. ied for wilderness designation. area shall not preclude the conduct of those (18) TURTLE CANYON.—Certain Federal land (b) RELEASE.—The public land described in managed by the Bureau of Land Manage- activities or uses outside the boundary of the subsection (a)— ment, comprising approximately 29,029 acres, wilderness area. (1) is no longer subject to section 603(c) of (f) MILITARY OVERFLIGHTS.—Nothing in generally depicted on the Map as ‘‘Proposed the Federal Land Policy and Management this subpart restricts or precludes— Turtle Canyon Wilderness’’, which shall be Act of 1976 (43 U.S.C. 1782(c)); and (1) low-level overflights of military air- known as the ‘‘Turtle Canyon Wilderness’’. (2) shall be managed in accordance with— craft over the wilderness areas, including (b) MAP AND LEGAL DESCRIPTION.— (A) applicable law; and military overflights that can be seen or (1) IN GENERAL.—As soon as practicable (B) any applicable land management plan heard within the wilderness areas; after the date of enactment of this Act, the adopted under section 202 of the Federal (2) flight testing and evaluation; or Secretary shall file a map and legal descrip- Land Policy and Management Act of 1976 (43 (3) the designation or creation of new units tion of each wilderness area with— U.S.C. 1712). of special use airspace, or the establishment (A) the Committee on Natural Resources of of military flight training routes, over the Subpart C—Wild and Scenic River the House of Representatives; and wilderness areas. Designation (B) the Committee on Energy and Natural (g) COMMERCIAL SERVICES.—Commercial SEC. 1241. GREEN RIVER WILD AND SCENIC Resources of the Senate. services (including authorized outfitting and RIVER DESIGNATION. (2) EFFECT.—Each map and legal descrip- guide activities) within the wilderness areas (a) IN GENERAL.—Section 3(a) of the Wild tion filed under paragraph (1) shall have the may be authorized to the extent necessary and Scenic Rivers Act (16 U.S.C. 1274(a)) (as same force and effect as if included in this for activities that are appropriate for real- amended by section 1205(a)(5)(B)(i)) is amend- part, except that the Secretary may correct izing the recreational or other wilderness ed by adding at the end the following: clerical and typographical errors in the maps purposes of the wilderness areas, in accord- ‘‘(224) GREEN RIVER.—The approximately and legal descriptions. ance with section 4(d)(5) of the Wilderness 63-mile segment, as generally depicted on (3) AVAILABILITY.—Each map and legal de- Act (16 U.S.C. 1133(d)(5)). the map entitled ‘Emery County Public Land scription filed under paragraph (1) shall be (h) LAND ACQUISITION AND INCORPORATION Management Act of 2018 Overview Map’ and on file and available for public inspection in OF ACQUIRED LAND AND INTERESTS.— dated December 11, 2018, to be administered the appropriate office of the Secretary. (1) ACQUISITION AUTHORITY.—The Secretary by the Secretary of the Interior, in the fol- SEC. 1232. ADMINISTRATION. may acquire land and interests in land with- lowing classifications: (a) MANAGEMENT.—Subject to valid exist- in the boundaries of a wilderness area by do- ‘‘(A) WILD RIVER SEGMENT.—The 5.3-mile ing rights, the wilderness areas shall be ad- nation, purchase from a willing seller, or ex- segment from the boundary of the Uintah ministered by the Secretary in accordance change. and Ouray Reservation, south to the with the Wilderness Act (16 U.S.C. 1131 et (2) INCORPORATION.—Any land or interest in Nefertiti boat ramp, as a wild river. seq.), except that— land within the boundary of a wilderness ‘‘(B) RECREATIONAL RIVER SEGMENT.—The (1) any reference in that Act to the effec- area that is acquired by the United States 8.5-mile segment from the Nefertiti boat tive date shall be considered to be a ref- after the date of enactment of this Act shall ramp, south to the Swasey’s boat ramp, as a erence to the date of enactment of this Act; be added to and administered as part of the recreational river. and wilderness area. ‘‘(C) SCENIC RIVER SEGMENT.—The 49.2-mile (2) any reference in that Act to the Sec- (i) WATER RIGHTS.— segment from Bull Bottom, south to the retary of Agriculture shall be considered to (1) STATUTORY CONSTRUCTION.—Nothing in county line between Emery and Wayne Coun- be a reference to the Secretary. this subpart— ties, as a scenic river.’’. (b) RECREATIONAL CLIMBING.—Nothing in (A) shall constitute or be construed to con- (b) INCORPORATION OF ACQUIRED NON-FED- this part prohibits recreational rock climb- stitute either an express or implied reserva- ERAL LAND.—If the United States acquires ing activities in the wilderness areas, such as tion by the United States of any water or any non-Federal land within or adjacent to a the placement, use, and maintenance of fixed water rights with respect to the land des- river segment of the Green River designated anchors, including any fixed anchor estab- ignated as wilderness by section 1231; by paragraph (224) of section 3(a) of the Wild

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and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (i) this section; (1) IN GENERAL.—Notwithstanding any added by subsection (a)), the acquired land (ii) the Federal Land Policy and Manage- other provision of law (other than a law that shall be incorporated in, and be administered ment Act of 1976 (43 U.S.C. 1701 et seq.); and specifically provides for a portion of the pro- as part of, the applicable wild, scenic, or rec- (iii) any other applicable Federal law. ceeds of a land sale to be distributed to any reational river. (2) NATIONAL LANDSCAPE CONSERVATION SYS- trust fund of the State), proceeds from the Subpart D—Land Management and TEM.—The Monument shall be managed as a sale of public land under subsection (a) shall Conveyances component of the National Landscape Con- be deposited in a separate account in the SEC. 1251. GOBLIN VALLEY STATE PARK. servation System. Treasury, to be known as the ‘‘Emery Coun- (e) MANAGEMENT PLAN.— ty, Utah, Land Acquisition Account’’ (re- (a) IN GENERAL.—The Secretary shall offer (1) IN GENERAL.—Not later than 2 years to convey to the Utah Division of Parks and ferred to in this section as the ‘‘Account’’). after the date of enactment of this Act, the Recreation of the Utah Department of Nat- (2) AVAILABILITY.— Secretary shall develop a comprehensive ural Resources (referred to in this section as (A) IN GENERAL.—Amounts in the Account management plan for the long-term protec- the ‘‘State’’), approximately 6,261 acres of shall be available to the Secretary, without tion and management of the Monument. land identified on the Map as the ‘‘Proposed further appropriation, to purchase from will- (2) COMPONENTS.—The management plan Goblin Valley State Park Expansion’’, with- ing sellers land or interests in land within a developed under paragraph (1) shall— out consideration, for the management by wilderness area or the Recreation Area. (A) describe the appropriate uses and man- the State as a State park, consistent with (B) APPLICABILITY.—Any purchase of land agement of the Monument, consistent with uses allowed under the Act of June 14, 1926 or interest in land under subparagraph (A) the provisions of this section; and (commonly known as the ‘‘Recreation and shall be in accordance with applicable law. (B) allow for continued scientific research Public Purposes Act’’) (44 Stat. 741, chapter (C) PROTECTION OF CULTURAL RESOURCES.— at the Monument during the development of 578; 43 U.S.C. 869 et seq.). To the extent that there are amounts in the the management plan for the Monument, (b) REVERSIONARY CLAUSE REQUIRED.—A Account in excess of the amounts needed to conveyance under subsection (a) shall in- subject to any terms and conditions that the carry out subparagraph (A), the Secretary clude a reversionary clause to ensure that Secretary determines necessary to protect may use the excess amounts for the protec- management of the land described in that Monument resources. tion of cultural resources on Federal land (f) AUTHORIZED USES.—The Secretary shall subsection shall revert to the Secretary if within the County. only allow uses of the Monument that the the land is no longer being managed as a SEC. 1254. PUBLIC PURPOSE CONVEYANCES. Secretary determines would further the pur- State park in accordance with subsection (a). (a) IN GENERAL.—Notwithstanding the land poses for which the Monument has been es- SEC. 1252. JURASSIC NATIONAL MONUMENT. use planning requirement of sections 202 and tablished. 203 of the Federal Land Policy and Manage- (a) ESTABLISHMENT PURPOSES.—To con- (g) INTERPRETATION, EDUCATION, AND SCI- ment Act of 1976 (43 U.S.C. 1712, 1713), on re- serve, interpret, and enhance for the benefit ENTIFIC RESEARCH.— quest by the applicable local governmental of present and future generations the paleon- (1) IN GENERAL.—The Secretary shall pro- entity, the Secretary shall convey without tological, scientific, educational, and rec- vide for public interpretation of, and edu- consideration the following parcels of public reational resources of the area and subject to cation and scientific research on, the paleon- land to be used for public purposes: valid existing rights, there is established in tological resources of the Monument. (1) EMERY CITY RECREATION AREA.—The ap- the State the Jurassic National Monument (2) COOPERATIVE AGREEMENTS.—The Sec- proximately 640-acre parcel as generally de- (referred to in this section as the ‘‘Monu- retary may enter into cooperative agree- picted on the Map, to the City of Emery, ment’’), consisting of approximately 850 ments with appropriate public entities to Utah, for the creation or enhancement of acres of Federal land administered by the carry out paragraph (1). public recreation opportunities consistent Bureau of Land Management in the County (h) SPECIAL MANAGEMENT AREAS.— with uses allowed under the Act of June 14, and generally depicted as ‘‘Proposed Jurassic (1) IN GENERAL.—The establishment of the National Monument’’ on the Map. Monument shall not modify the management 1926 (commonly known as the ‘‘Recreation (b) MAP AND LEGAL DESCRIPTION.— status of any area within the boundary of and Public Purposes Act’’) (44 Stat. 741, (1) IN GENERAL.—Not later than 2 years the Monument that is managed as an area of chapter 578; 43 U.S.C. 869 et seq.). after the date of enactment of this Act, the critical environmental concern. (2) HUNTINGTON AIRPORT.—The approxi- mately 320-acre parcel as generally depicted Secretary shall file with the Committee on (2) CONFLICT OF LAWS.—If there is a conflict Energy and Natural Resources of the Senate between the laws applicable to an area de- on the Map, to Emery County, Utah, for ex- and the Committee on Natural Resources of scribed in paragraph (1) and this section, the pansion of Huntington Airport consistent the House of Representatives a map and more restrictive provision shall control. with uses allowed under the Act of June 14, legal description of the Monument. (i) MOTORIZED VEHICLES.—Except as needed 1926 (commonly known as the ‘‘Recreation (2) EFFECT.—The map and legal description for administrative purposes or to respond to and Public Purposes Act’’) (44 Stat. 741, filed under paragraph (1) shall have the same an emergency, the use of motorized vehicles chapter 578; 43 U.S.C. 869 et seq.). force and effect as if included in this section, in the Monument shall be allowed only on (3) EMERY COUNTY SHERIFF’S OFFICE.—The except that the Secretary may correct cler- roads and trails designated for use by motor- approximately 5-acre parcel as generally de- ical and typographical errors in the map and ized vehicles under the management plan for picted on the Map, to Emery County, Utah, legal description, subject to the requirement the Monument developed under subsection for the Emery County Sheriff’s Office sub- that, before making the proposed correc- (e). station consistent with uses allowed under tions, the Secretary shall submit to the (j) WATER RIGHTS.—Nothing in this section the Act of June 14, 1926 (commonly known as State and any affected county the proposed constitutes an express or implied reservation the ‘‘Recreation and Public Purposes Act’’) corrections. by the United States of any water or water (44 Stat. 741, chapter 578; 43 U.S.C. 869 et (3) PUBLIC AVAILABILITY.—A copy of the rights with respect to the Monument. seq.). map and legal description filed under para- (k) GRAZING.—The grazing of livestock in (4) BUCKHORN INFORMATION CENTER.—The graph (1) shall be on file and available for the Monument, if established before the date approximately 5-acre parcel as generally de- public inspection in the appropriate offices of enactment of this Act, shall be allowed to picted on the Map, to Emery County, Utah, of the Bureau of Land Management. continue, subject to such reasonable regula- for the Buckhorn Information Center con- (c) WITHDRAWAL.—Subject to valid existing tions, policies, and practices as the Sec- sistent with uses allowed under the Act of rights, any Federal land within the bound- retary considers to be necessary in accord- June 14, 1926 (commonly known as the aries of the Monument and any land or inter- ance with— ‘‘Recreation and Public Purposes Act’’) (44 est in land that is acquired by the United (1) applicable law (including regulations); Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). States for inclusion in the Monument after (2) the guidelines set forth in Appendix A (b) MAP AND LEGAL DESCRIPTION.— the date of enactment of this Act is with- of the report of the Committee on Interior (1) IN GENERAL.—As soon as practicable drawn from— and Insular Affairs of the House of Rep- after the date of enactment of this Act, the (1) entry, appropriation, or disposal under resentatives accompanying H.R. 2570 of the Secretary shall file a map and legal descrip- the public land laws; 101st Congress (House Report 101–405); and tion of each parcel of land to be conveyed (2) location, entry, and patent under the (3) the purposes of the Monument. under subsection (a) with— mining laws; and SEC. 1253. PUBLIC LAND DISPOSAL AND ACQUISI- (A) the Committee on Energy and Natural (3) operation of the mineral leasing laws, TION. Resources of the Senate; and geothermal leasing laws, and minerals mate- (a) IN GENERAL.—In accordance with appli- (B) the Committee on Natural Resources of rials laws. cable law, the Secretary may sell public land the House of Representatives. (d) MANAGEMENT.— located in the County that has been identi- (2) EFFECT.—Each map and legal descrip- (1) IN GENERAL.—The Secretary shall man- fied as suitable for disposal based on specific tion filed under paragraph (1) shall have the age the Monument— criteria as listed in the Federal Land Policy same force and effect as if included in this (A) in a manner that conserves, protects, and Management Act of 1976 (43 U.S.C. 1713) part, except that the Secretary may correct and enhances the resources and values of the in the applicable resource management plan clerical or typographical errors in the map Monument, including the resources and val- in existence on the date of enactment of this and legal description. ues described in subsection (a); and Act. (3) PUBLIC AVAILABILITY.—Each map and (B) in accordance with— (b) USE OF PROCEEDS.— legal description filed under paragraph (1)

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shall be on file and available for public in- species or a threatened species under the En- (6) DURATION.—An appraisal conducted spection in the Price Field Office of the Bu- dangered Species Act of 1973 (16 U.S.C. 1531 et under paragraph (1) shall remain valid for 3 reau of Land Management. seq.). years after the date on which the appraisal is (c) REVERSION.— (B) REQUIREMENT.—Any Federal land ex- approved by the Secretary and the State. (1) IN GENERAL.—If a parcel of land con- cluded under subparagraph (A) shall be the (7) COST OF APPRAISAL.— veyed under subsection (a) is used for a pur- smallest area necessary to protect the appli- (A) IN GENERAL.—The cost of an appraisal pose other than the purpose described in that cable critical habitat. conducted under paragraph (1) shall be paid subsection, the parcel of land shall, at the (4) APPLICABLE LAW.— equally by the Secretary and the State. discretion of the Secretary, revert to the (A) IN GENERAL.—The land exchange under (B) REIMBURSEMENT BY SECRETARY.—If the United States. paragraph (1) shall be subject to section 206 State retains an appraiser in accordance (2) RESPONSIBILITY FOR REMEDIATION.—In of the Federal Land Policy and Management with paragraph (2), the Secretary shall reim- the case of a reversion under paragraph (1), if Act of 1976 (43 U.S.C. 1716) and other applica- burse the State in an amount equal to 50 per- the Secretary determines that the parcel of ble law. cent of the costs incurred by the State. land is contaminated with hazardous waste, (B) LAND USE PLANNING.—With respect to (d) CONVEYANCE OF TITLE.—It is the intent the local governmental entity to which the the Federal land to be conveyed under para- of Congress that the land exchange author- parcel of land was conveyed under subsection graph (1), the Secretary shall not be required ized under subsection (b)(1) shall be com- (a) shall be responsible for remediation. to undertake any additional land use plan- pleted not later than 1 year after the date of SEC. 1255. EXCHANGE OF BLM AND SCHOOL AND ning under section 202 of the Federal Land final approval by the Secretary and the INSTITUTIONAL TRUST LANDS AD- Policy and Management Act of 1976 (43 State of the appraisals conducted under sub- MINISTRATION LAND. U.S.C. 1712) before the conveyance of the section (c). (a) DEFINITIONS.—In this section: Federal land. (1) EXCHANGE MAP.—The term ‘‘Exchange (e) PUBLIC INSPECTION AND NOTICE.— (5) VALID EXISTING RIGHTS.—The land ex- Map’’ means the map prepared by the Bureau (1) PUBLIC INSPECTION.—Not later than 30 change under paragraph (1) shall be subject of Land Management entitled ‘‘Emery Coun- days before the date of any exchange of Fed- ty Public Land Management Act—Proposed to valid existing rights. eral land and non-Federal land under sub- Land Exchange’’ and dated December, 10, (6) TITLE APPROVAL.—Title to the Federal section (b)(1), all final appraisals and ap- 2018. land and non-Federal land to be exchanged praisal reviews for the land to be exchanged under paragraph (1) shall be in a form ac- (2) FEDERAL LAND.—The term ‘‘Federal shall be available for public review at the of- land’’ means public land located in the State ceptable to the Secretary and the State. fice of the State Director of the Bureau of of Utah that is identified on the Exchange (c) APPRAISALS.— Land Management in the State of Utah. Map as— (1) IN GENERAL.—The value of the Federal (2) NOTICE.—The Secretary shall make (A) ‘‘BLM Surface and Mineral Lands Pro- land and the non-Federal land to be ex- available on the public website of the Sec- posed for Transfer to SITLA’’; changed under subsection (b)(1) shall be de- retary, and the Secretary or the State, as ap- (B) ‘‘BLM Mineral Lands Proposed for termined by appraisals conducted by 1 or plicable, shall publish in a newspaper of gen- Transfer to SITLA’’; and more independent and qualified appraisers. eral circulation in Salt Lake County, Utah, (C) ‘‘BLM Surface Lands Proposed for (2) STATE APPRAISER.—The Secretary and a notice that the appraisals conducted under Transfer to SITLA’’. the State may agree to use an independent subsection (c) are available for public inspec- (3) NON-FEDERAL LAND.—The term ‘‘non- and qualified appraiser— tion. Federal land’’ means the land owned by the (A) retained by the State; and (f) EQUAL VALUE EXCHANGE.— State in the Emery and Uintah Counties (B) approved by the Secretary. (1) IN GENERAL.—The value of the Federal that is identified on the Exchange Map as— (3) APPLICABLE LAW.—The appraisals under land and non-Federal land to be exchanged (A) ‘‘SITLA Surface and Mineral Land Pro- paragraph (1) shall be conducted in accord- under subsection (b)(1)— posed for Transfer to BLM’’; ance with nationally recognized appraisal (A) shall be equal; or (B) ‘‘SITLA Mineral Lands Proposed for standards, including, as appropriate— (B) shall be made equal in accordance with Transfer to BLM’’; and (A) the Uniform Appraisal Standards for paragraph (2). (C) ‘‘SITLA Surface Lands Proposed for Federal Land Acquisitions; and (2) EQUALIZATION.— Transfer to BLM’’. (B) the Uniform Standards of Professional (A) SURPLUS OF FEDERAL LAND.—With re- (4) STATE.—The term ‘‘State’’ means the Appraisal Practice. spect to any Federal land and non-Federal State, acting through the School and Insti- (4) MINERALS.— land to be exchanged under subsection (b)(1), tutional Trust Lands Administration. (A) MINERAL REPORTS.—The appraisals if the value of the Federal land exceeds the (b) EXCHANGE OF FEDERAL LAND AND NON- under paragraph (1) may take into account value of the non-Federal land, the value of FEDERAL LAND.— mineral and technical reports provided by the Federal land and non-Federal land shall (1) IN GENERAL.—If the State offers to con- the Secretary and the State in the evalua- be equalized by— vey to the United States title to the non- tion of mineral deposits in the Federal land (i) the State conveying to the Secretary, as Federal land, the Secretary, in accordance and non-Federal land. necessary to equalize the value of the Fed- with this section, shall— (B) MINING CLAIMS.—To the extent permis- eral land and non-Federal land, after the ac- (A) accept the offer; and sible under applicable appraisal standards, quisition of all State trust land located with- (B) on receipt of all right, title, and inter- the appraisal of any parcel of Federal land in the wilderness areas or recreation area est in and to the non-Federal land, convey to that is encumbered by a mining or millsite designated by this part, State trust land lo- the State (or a designee) all right, title, and claim located under sections 2318 through cated within any of the wilderness areas or interest of the United States in and to the 2352 of the Revised Statutes (commonly national conservation areas in Washington Federal land. known as the ‘‘Mining Law of 1872’’) (30 County, Utah, established under subtitle O of (2) CONVEYANCE OF PARCELS IN PHASES.— U.S.C. 21 et seq.) shall be appraised in ac- title I of the Omnibus Public Land Manage- (A) IN GENERAL.—Notwithstanding that ap- cordance with standard appraisal practices, ment Act of 2009 (Public Law 111–11; 123 Stat. praisals for all of the parcels of Federal land including, as appropriate, the Uniform Ap- 1075); and and non-Federal land may not have been ap- praisal Standards for Federal Land Acquisi- (ii) the State, to the extent necessary to proved under subsection (c)(5), parcels of the tion. equalize any remaining imbalance of value Federal land and non-Federal land may be (C) VALIDITY EXAMINATIONS.—Nothing in after all available Washington County, Utah, exchanged under paragraph (1) in phases, to this subsection requires the United States to land described in clause (i) has been con- be mutually agreed by the Secretary and the conduct a mineral examination for any min- veyed to the Secretary, conveying to the State, beginning on the date on which the ing claim on the Federal land. Secretary additional State trust land as appraised values of the parcels included in (D) ADJUSTMENT.— identified and agreed on by the Secretary the applicable phase are approved. (i) IN GENERAL.—If value is attributed to and the State. (B) NO AGREEMENT ON EXCHANGE.—If any any parcel of Federal land because of the (B) SURPLUS OF NON-FEDERAL LAND.—If the dispute or delay arises with respect to the presence of minerals subject to leasing under value of the non-Federal land exceeds the exchange of an individual parcel of Federal the Mineral Leasing Act (30 U.S.C. 181 et value of the Federal land, the value of the land or non-Federal land under paragraph seq.), the value of the parcel (as otherwise Federal land and the non-Federal land shall (1), the Secretary and the State may mutu- established under this subsection) shall be be equalized— ally agree to set aside the individual parcel reduced by the percentage of the applicable (i) by the Secretary making a cash equali- to allow the exchange of the other parcels of Federal revenue sharing obligation under zation payment to the State, in accordance Federal land and non-Federal land to pro- section 35(a) of the Mineral Leasing Act (30 with section 206(b) of the Federal Land Pol- ceed. U.S.C. 191(a)). icy and Management Act of 1976 (43 U.S.C. (3) EXCLUSION.— (ii) LIMITATION.—An adjustment under 1716(b)); or (A) IN GENERAL.—The Secretary shall ex- clause (i) shall not be considered to be a (ii) by removing non-Federal land from the clude from any conveyance of a parcel of property right of the State. exchange. Federal land under paragraph (1) any Federal (5) APPROVAL.—An appraisal conducted (g) INDIAN TRIBES.—The Secretary shall land that contains critical habitat des- under paragraph (1) shall be submitted to the consult with any federally recognized Indian ignated for a species listed as an endangered Secretary and the State for approval. Tribe in the vicinity of the Federal land and

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S955 non-Federal land to be exchanged under sub- Salmon Brook Wild and Scenic Study Com- Lower Farmington River and Salmon Brook section (b)(1) before the completion of the mittee prepared the Lower Farmington Wild and Scenic Committee, as specified in land exchange. River and Salmon Brook Management Plan, the management plan. (h) APPURTENANT WATER RIGHTS.—Any June 2011 (referred to in this section as the (3) COOPERATIVE AGREEMENTS.— conveyance of a parcel of Federal land or ‘‘management plan’’), that establishes objec- (A) IN GENERAL.—In order to provide for non-Federal land under subsection (b)(1) tives, standards, and action programs that the long-term protection, preservation, and shall include the conveyance of water rights will ensure the long-term protection of the enhancement of the river segment des- appurtenant to the parcel conveyed. outstanding values of the river segments ignated by subsection (b), the Secretary is (i) GRAZING PERMITS.— without Federal management of affected authorized to enter into cooperative agree- (1) IN GENERAL.—If the Federal land or non- lands not owned by the United States; ments pursuant to sections 10(e) and 11(b)(1) Federal land exchanged under subsection (4) the Lower Farmington River and Salm- of the Wild and Scenic Rivers Act (16 U.S.C. (b)(1) is subject to a lease, permit, or con- on Brook Wild and Scenic Study Committee 1281(e), 1282(b)(1)) with— tract for the grazing of domestic livestock in has voted in favor of Wild and Scenic River (i) the State of Connecticut; effect on the date of acquisition, the Sec- designation for the river segments, and has (ii) the towns of Avon, Bloomfield, Bur- retary and the State shall allow the grazing included this recommendation as an integral lington, East Granby, Farmington, Granby, to continue for the remainder of the term of part of the management plan; Hartland, Simsbury, and Windsor in Con- the lease, permit, or contract, subject to the (5) there is strong local support for the pro- necticut; and related terms and conditions of user agree- tection of the Lower Farmington River and (iii) appropriate local planning and envi- ments, including permitted stocking rates, Salmon Brook, including votes of support for ronmental organizations. grazing fee levels, access rights, and owner- Wild and Scenic designation from the gov- (B) CONSISTENCY.—All cooperative agree- ship and use of range improvements. erning bodies of all ten communities abut- ments provided for under this section shall (2) RENEWAL.—To the extent allowed by ting the study area; be consistent with the management plan and Federal or State law, on expiration of any (6) the State of Connecticut General As- may include provisions for financial or other grazing lease, permit, or contract described sembly has endorsed the designation of the assistance from the United States. in paragraph (1), the holder of the lease, per- Lower Farmington River and Salmon Brook (4) LAND MANAGEMENT.— mit, or contract shall be entitled to a pref- as components of the National Wild and Sce- (A) ZONING ORDINANCES.—For the purposes erence right to renew the lease, permit, or nic Rivers System (Public Act 08–37); and of the segments designated in subsection (b), contract. (7) the Rainbow Dam and Reservoir are lo- the zoning ordinances adopted by the towns (3) CANCELLATION.— cated entirely outside of the river segment in Avon, Bloomfield, Burlington, East Gran- (A) IN GENERAL.—Nothing in this section designated by subsection (b), and, based on by, Farmington, Granby, Hartland, prevents the Secretary or the State from the findings of the study of the Lower Farm- Simsbury, and Windsor in Connecticut, in- canceling or modifying a grazing permit, ington River pursuant to Public Law 109–370, cluding provisions for conservation of lease, or contract if the Federal land or non- this hydroelectric project (including all as- floodplains, wetlands, and watercourses asso- Federal land subject to the permit, lease, or pects of its facilities, operations, and trans- ciated with the segments, shall be deemed to contract is sold, conveyed, transferred, or mission lines) is compatible with the des- satisfy the standards and requirements of leased for non-grazing purposes by the Sec- ignation made by subsection (b). section 6(c) of the Wild and Scenic Rivers retary or the State. (b) DESIGNATION.—Section 3(a) of the Wild Act (16 U.S.C. 1277(c)). (B) LIMITATION.—Except to the extent rea- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (B) ACQUISITION OF LAND.—The provisions sonably necessary to accommodate surface amended by section 1241(a)) is amended by of section 6(c) of the Wild and Scenic Rivers operations in support of mineral develop- adding at the end the following: Act (16 U.S.C. 1277(c)) that prohibit Federal ment, the Secretary or the State shall not ‘‘(225) LOWER FARMINGTON RIVER AND SALM- acquisition of lands by condemnation shall cancel or modify a grazing permit, lease, or ON BROOK, CONNECTICUT.—Segments of the apply to the segments designated in sub- contract because the land subject to the per- main stem and its tributary, Salmon Brook, section (b). The authority of the Secretary mit, lease, or contract has been leased for totaling approximately 62 miles, to be ad- to acquire lands for the purposes of the seg- mineral development. ministered by the Secretary of the Interior ments designated in subsection (b) shall be (4) BASE PROPERTIES.—If non-Federal land as follows: limited to acquisition by donation or acqui- conveyed by the State under subsection ‘‘(A) The approximately 27.2-mile segment sition with the consent of the owner of the (b)(1) is used by a grazing permittee or lessee of the Farmington River beginning 0.2 miles lands, and shall be subject to the additional to meet the base property requirements for a below the tailrace of the Lower Collinsville criteria set forth in the management plan. Federal grazing permit or lease, the land Dam and extending to the site of the (5) RAINBOW DAM.—The designation made shall continue to qualify as a base property Spoonville Dam in Bloomfield and East by subsection (b) shall not be construed to— for— Granby as a recreational river. (A) prohibit, pre-empt, or abridge the po- (A) the remaining term of the lease or per- ‘‘(B) The approximately 8.1-mile segment tential future licensing of the Rainbow Dam mit; and of the Farmington River extending from 0.5 and Reservoir (including any and all aspects (B) the term of any renewal or extension of miles below the Rainbow Dam to the con- of its facilities, operations and transmission the lease or permit. fluence with the Connecticut River in Wind- lines) by the Federal Energy Regulatory (j) WITHDRAWAL OF FEDERAL LAND FROM sor as a recreational river. Commission as a federally licensed hydro- MINERAL ENTRY PRIOR TO EXCHANGE.—Sub- ‘‘(C) The approximately 2.4-mile segment electric generation project under the Federal ject to valid existing rights, the Federal land of the main stem of Salmon Brook extending Power Act (16 U.S.C. 791a et seq.), provided to be conveyed to the State under subsection from the confluence of the East and West that the Commission may, in the discretion (b)(1) is withdrawn from mineral location, Branches to the confluence with the Farm- of the Commission and consistent with this entry, and patent under the mining laws ington River as a recreational river. section, establish such reasonable terms and pending conveyance of the Federal land to ‘‘(D) The approximately 12.6-mile segment conditions in a hydropower license for Rain- the State. of the West Branch of Salmon Brook extend- bow Dam as are necessary to reduce impacts Subtitle D—Wild and Scenic Rivers ing from its headwaters in Hartland, Con- identified by the Secretary as invading or SEC. 1301. LOWER FARMINGTON RIVER AND necticut, to its confluence with the East unreasonably diminishing the scenic, rec- SALMON BROOK WILD AND SCENIC Branch of Salmon Brook as a recreational reational, and fish and wildlife values of the RIVER. river. segments designated by subsection (b); or (a) FINDINGS.—Congress finds that— ‘‘(E) The approximately 11.4-mile segment (B) affect the operation of, or impose any (1) the Lower Farmington River and Salm- of the East Branch of Salmon Brook extend- flow or release requirements on, the unli- on Brook Study Act of 2005 (Public Law 109– ing from the Massachusetts-Connecticut censed hydroelectric facility at Rainbow 370) authorized the study of the Farmington State line to the confluence with the West Dam and Reservoir. River downstream from the segment des- Branch of Salmon Brook as a recreational (6) RELATION TO NATIONAL PARK SYSTEM.— ignated as a recreational river by section river.’’. Notwithstanding section 10(c) of the Wild 3(a)(156) of the Wild and Scenic Rivers Act (c) MANAGEMENT.— and Scenic Rivers Act (16 U.S.C. 1281(c)), the (16 U.S.C. 1277(a)(156)) to its confluence with (1) IN GENERAL.—The river segments des- Lower Farmington River shall not be admin- the Connecticut River, and the segment of ignated by subsection (b) shall be managed istered as part of the National Park System the Salmon Brook including its main stem in accordance with the management plan or be subject to regulations which govern the and east and west branches for potential in- and such amendments to the management National Park System. clusion in the National Wild and Scenic Riv- plan as the Secretary determines are con- (d) FARMINGTON RIVER, CONNECTICUT, DES- ers System; sistent with this section. The management IGNATION REVISION.—Section 3(a)(156) of the (2) the studied segments of the Lower plan shall be deemed to satisfy the require- Wild and Scenic Rivers Act (16 U.S.C. Farmington River and Salmon Brook sup- ments for a comprehensive management plan 1274(a)(156)) is amended in the first sen- port natural, cultural, and recreational re- pursuant to section 3(d) of the Wild and Sce- tence— sources of exceptional significance to the nic Rivers Act (16 U.S.C. 1274(d)). (1) by striking ‘‘14-mile’’ and inserting citizens of Connecticut and the Nation; (2) COMMITTEE.—The Secretary shall co- ‘‘15.1-mile’’; and (3) concurrently with the preparation of ordinate the management responsibilities of (2) by striking ‘‘to the downstream end of the study, the Lower Farmington River and the Secretary under this section with the the New Hartford-Canton, Connecticut town

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line’’ and inserting ‘‘to the confluence with (1) DEFINITIONS.—In this subsection: (A) ZONING ORDINANCES.—The zoning ordi- the Nepaug River’’. (A) COVERED TRIBUTARY.—The term ‘‘cov- nances adopted by the towns of North SEC. 1302. WOOD-PAWCATUCK WATERSHED WILD ered tributary’’ means— Stonington, Sterling, Stonington, and AND SCENIC RIVER SEGMENTS. (i) each of Assekonk Brook, Breakheart Voluntown, Connecticut, and Charlestown, (a) DESIGNATION.—Section 3(a) of the Wild Brook, Brushy Brook, Canochet Brook, Exeter, Hopkinton, North Kingstown, Rich- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as Chickasheen Brook, Cedar Swamp Brook, mond, South Kingstown, Westerly, and West amended by section 1301(b)) is amended by Fisherville Brook, Glade Brook, Glen Rock Greenwich, Rhode Island (including any pro- adding at the end the following: Brook, Kelly Brook, Locke Brook, Meadow vision of the zoning ordinances relating to ‘‘(226) WOOD-PAWCATUCK WATERSHED, RHODE Brook, Pendleton Brook, Parris Brook, the conservation of floodplains, wetlands, ISLAND AND CONNECTICUT.—The following Passquisett Brook, Phillips Brook, Poquiant and watercourses associated with any river river segments within the Wood-Pawcatuck Brook, Queens Fort Brook, Roaring Brook, segment), shall be considered to satisfy the watershed, to be administered by the Sec- Sherman Brook, Taney Brook, Tomaquag standards and requirements described in sec- retary of the Interior, in cooperation with Brook, White Brook, and Wyassup Brook tion 6(c) of the Wild and Scenic Rivers Act the Wood-Pawcatuck Wild and Scenic Rivers within the Wood-Pawcatuck watershed; and (16 U.S.C. 1277(c)). Stewardship Council: (ii) any other perennial stream within the (B) VILLAGES.—For purposes of section 6(c) ‘‘(A) The approximately 11-mile segment of Wood-Pawcatuck watershed. of the Wild and Scenic Rivers Act (16 U.S.C. the Beaver River from its headwaters in Exe- (B) RIVER SEGMENT.—The term ‘‘river seg- 1277(c)), each town described in subparagraph ter and West Greenwich, Rhode Island, to its ment’’ means a river segment designated by (A) shall be considered to be a village. confluence with the Pawcatuck River in paragraph (226) of section 3(a) of the Wild (C) ACQUISITION OF LAND.— Richmond, Rhode Island, as a scenic river. (i) LIMITATION OF AUTHORITY OF SEC- ‘‘(B) The approximately 3-mile segment of and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)). RETARY.—With respect to each river seg- the Chipuxet River from the Kingstown Road ment, the Secretary may only acquire par- Bridge, South Kingstown, Rhode Island, to (C) STEWARDSHIP PLAN.—The term ‘‘Stew- ardship Plan’’ means the plan entitled the cels of land— its outlet in Worden Pond, as a wild river. (I) by donation; or ‘‘(C) The approximately 9-mile segment of ‘‘Wood-Pawcatuck Wild and Scenic Rivers Stewardship Plan for the Beaver, Chipuxet, (II) with the consent of the owner of the the Green Fall River from its headwaters in parcel of land. Voluntown, Connecticut, to its confluence Green Fall-Ashaway, Pawcatuck, Queen- (ii) PROHIBITION RELATING TO THE ACQUISI- with the Ashaway River in Hopkinton, Usquepaugh, Shunock, and Wood Rivers’’ and dated June 2018, which takes a watershed TION OF LAND BY CONDEMNATION.—In accord- Rhode Island, as a scenic river. ance with 6(c) of the Wild and Scenic Rivers ‘‘(D) The approximately 3-mile segment of approach to the management of the river Act (16 U.S.C. 1277(c)), with respect to each the Ashaway River from its confluence with segments. river segment, the Secretary may not ac- the Green Fall River to its confluence with (2) WOOD-PAWCATUCK WILD AND SCENIC RIV- quire any parcel of land by condemnation. the Pawcatuck River in Hopkinton, Rhode ERS STEWARDSHIP PLAN.— Island, as a recreational river. (A) IN GENERAL.—The Secretary, in co- SEC. 1303. NASHUA WILD AND SCENIC RIVERS, ‘‘(E) The approximately 3-mile segment of operation with the Wood-Pawcatuck Wild MASSACHUSETTS AND NEW HAMP- the Pawcatuck River from the Worden Pond and Scenic Rivers Stewardship Council, shall SHIRE. outlet in South Kingstown, Rhode Island, to manage the river segments in accordance (a) DESIGNATION OF WILD AND SCENIC RIVER the South County Trail Bridge, Charlestown with— SEGMENTS.—Section 3(a) of the Wild and Sce- and South Kingstown, Rhode Island, as a (i) the Stewardship Plan; and nic Rivers Act (16 U.S.C. 1274(a)) (as amended wild river. (ii) any amendment to the Stewardship by section 1302(a)) is amended by adding at ‘‘(F) The approximately 4-mile segment of Plan that the Secretary determines is con- the end the following: the Pawcatuck River from South County sistent with this subsection. ‘‘(227) NASHUA, SQUANNACOOK, AND Trail Bridge, Charlestown and South (B) WATERSHED APPROACH.—In furtherance NISSITISSIT WILD AND SCENIC RIVERS, MASSA- Kingstown, Rhode Island, to the Carolina of the watershed approach to resource pres- CHUSETTS AND NEW HAMPSHIRE.— Back Road Bridge in Richmond and Charles- ervation and enhancement described in the ‘‘(A) The following segments in the Com- town, Rhode Island, as a recreational river. Stewardship Plan, the covered tributaries monwealth of Massachusetts and State of ‘‘(G) The approximately 21-mile segment of are recognized as integral to the protection New Hampshire, to be administered by the the Pawcatuck River from Carolina Back and enhancement of the river segments. Secretary of the Interior as a scenic river: Road Bridge in Richmond and Charlestown, (C) REQUIREMENTS FOR COMPREHENSIVE ‘‘(i) The approximately 27-mile segment of Rhode Island, to the confluence with MANAGEMENT PLAN.—The Stewardship Plan the mainstem of the Nashua River from the Shunock River in Stonington, Connecticut, shall be considered to satisfy each require- confluence of the North and South Nashua as a scenic river. ment for a comprehensive management plan Rivers in Lancaster, Massachusetts, and ex- ‘‘(H) The approximately 8-mile segment of required under section 3(d) of the Wild and tending north to the Massachusetts-New the Pawcatuck River from the confluence Scenic Rivers Act (16 U.S.C. 1274(d)). Hampshire border, except as provided in sub- with Shunock River in Stonington, Con- (3) COOPERATIVE AGREEMENTS.—To provide paragraph (B). necticut, to the mouth of the river between for the long-term protection, preservation, ‘‘(ii) The approximately 16.3-mile segment Pawcatuck Point in Stonington, Con- and enhancement of each river segment, in of the Squannacook River from its head- necticut, and Rhodes Point in Westerly, accordance with sections 10(e) and 11(b)(1) of waters in Ash Swamp, Townsend, Massachu- Rhode Island, as a recreational river. the Wild and Scenic Rivers Act (16 U.S.C. setts, extending downstream to the con- ‘‘(I) The approximately 11-mile segment of 1281(e), 1282(b)(1)), the Secretary may enter fluence of the river with the Nashua River in the Queen River from its headwaters in Exe- into cooperative agreements (which may in- Shirley/Ayer, Massachusetts, except as pro- ter and West Greenwich, Rhode Island, to the clude provisions for financial or other assist- vided in subparagraph (B). Kingstown Road Bridge in South Kingstown, ance from the Federal Government) with— ‘‘(iii) The approximately 9.5-mile segment Rhode Island, as a scenic river. (A) the States of Connecticut and Rhode of the Nissitissit River from its headwaters ‘‘(J) The approximately 5-mile segment of Island; in Brookline, New Hampshire, to the con- the Usquepaugh River from the Kingstown (B) political subdivisions of the States of fluence of the river with the Nashua River in Road Bridge to its confluence with the Connecticut and Rhode Island, including— Pepperell, Massachusetts. Pawcatuck River in South Kingstown, Rhode (i) the towns of North Stonington, Ster- ‘‘(B) EXCLUSION AREAS.—The designation of Island, as a wild river. ling, Stonington, and Voluntown, Con- the river segments in subparagraph (A) shall ‘‘(K) The approximately 8-mile segment of necticut; and exclude— the Shunock River from its headwaters in (ii) the towns of Charlestown, Exeter, ‘‘(i) with respect to the Ice House hydro- North Stonington, Connecticut, to its con- Hopkinton, North Kingstown, Richmond, electric project (FERC P–12769), from 700 feet fluence with the Pawcatuck River as a rec- South Kingstown, Westerly, and West upstream from the crest of the dam to 500 reational river. Kingstown, Rhode Island; feet downstream from the crest of the dam; ‘‘(L) The approximately 13-mile segment of (C) the Wood-Pawcatuck Wild and Scenic ‘‘(ii) with respect to the Pepperell hydro- the Wood River from its headwaters in Ster- Rivers Stewardship Council; and electric project (FERC P12721), from 9,240 ling and Voluntown, Connecticut, and Exeter (D) any appropriate nonprofit organiza- feet upstream from the crest of the dam to and West Greenwich, Rhode Island, to the tion, as determined by the Secretary. 1,000 feet downstream from the crest of the Arcadia Road Bridge in Hopkinton and Rich- (4) RELATION TO NATIONAL PARK SYSTEM.— dam; and mond, Rhode Island, as a wild river. Notwithstanding section 10(c) of the Wild ‘‘(iii) with respect to the Hollingsworth ‘‘(M) The approximately 11-mile segment and Scenic Rivers Act (16 U.S.C. 1281(c)), and Vose dam (non-FERC), from 1,200 feet of the Wood River from the Arcadia Road each river segment shall not be— upstream from the crest of the dam to 2,665 Bridge in Hopkinton and Richmond, Rhode (A) administered as a unit of the National feet downstream from the crest of the dam.’’. Island, to the confluence with the Park System; or (b) MANAGEMENT.— Pawcatuck River in Charlestown, (B) subject to the laws (including regula- (1) PROCESS.— Hopkinton, and Richmond, Rhode Island, as tions) that govern the administration of the (A) IN GENERAL.—The river segments des- a recreational river.’’. National Park System. ignated by paragraph (227) of section 3(a) of (b) MANAGEMENT OF RIVER SEGMENTS.— (5) LAND MANAGEMENT.— the Wild and Scenic Rivers Act (16 U.S.C.

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1274(a)) (as added by subsection (a)) shall be (A) ZONING ORDINANCES.—For the purpose tion Area, administered by the Bureau of managed in accordance with— of the segments designated by paragraph Land Management, comprising approxi- (i) the Nashua, Squannacook, and (227) of section 3(a) of the Wild and Scenic mately 80,090 acres, as generally depicted on Nissitissit Rivers Stewardship Plan devel- Rivers Act (16 U.S.C. 1274(a)) (as added by the map entitled ‘Proposed Soda Mountains oped pursuant to the study described in sec- subsection (a)), the zoning ordinances adopt- Wilderness’ and dated November 7, 2018, to be tion 5(b)(21) of the Wild and Scenic Rivers ed by the municipalities described in para- known as the ‘Soda Mountains Wilderness’. Act (16 U.S.C. 1276(b)(21)) (referred to in this graph (3)(A)(ii), including provisions for con- ‘‘(73) MILPITAS WASH WILDERNESS.—Certain subsection as the ‘‘management plan’’), servation of floodplains, wetlands, and wa- land in the California Desert Conservation dated February 15, 2018; and tercourses associated with the segments, Area, administered by the Bureau of Land (ii) such amendments to the management shall be deemed to satisfy the standards and Management, comprising approximately plan as the Secretary determines are con- requirements of section 6(c) of the Wild and 17,250 acres, depicted as ‘Proposed Milpitas sistent with this section and as are approved Scenic Rivers Act (16 U.S.C. 1277(c)). Wash Wilderness’ on the map entitled ‘Pro- by the Nashua, Squannacook, and Nissitissit (B) ACQUISITIONS OF LANDS.—The authority posed Vinagre Wash Special Management Rivers Stewardship Council (referred to in of the Secretary to acquire land for the pur- Area and Proposed Wilderness’ and dated De- this subsection as the ‘‘Stewardship Coun- poses of the segments designated by para- cember 4, 2018, to be known as the ‘Milpitas cil’’). graph (227) of section 3(a) of the Wild and Wash Wilderness’. (B) COMPREHENSIVE MANAGEMENT PLAN.— Scenic Rivers Act (16 U.S.C. 1274(a)) (as ‘‘(74) BUZZARDS PEAK WILDERNESS.—Certain The management plan shall be considered to added by subsection (a)) shall be— land in the California Desert Conservation satisfy the requirements for a comprehensive (i) limited to acquisition by donation or Area, administered by the Bureau of Land management plan under section 3(d) of the acquisition with the consent of the owner of Management, comprising approximately Wild and Scenic Rivers Act (16 U.S.C. the land; and 11,840 acres, depicted as ‘Proposed Buzzards 1274(d)). (ii) subject to the additional criteria set Peak Wilderness’ on the map entitled ‘Pro- forth in the management plan. (2) COMMITTEE.—The Secretary shall co- posed Vinagre Wash Special Management ordinate the management responsibilities of (C) NO CONDEMNATION.—No land or interest Area and Proposed Wilderness’ and dated De- the Secretary under this section with the in land within the boundary of the river seg- cember 4, 2018, to be known as the ‘Buzzards Stewardship Council, as specified in the ments designated by paragraph (227) of sec- Peak Wilderness’.’’. management plan. tion 3(a) of the Wild and Scenic Rivers Act (b) ADDITIONS TO EXISTING WILDERNESS (16 U.S.C. 1274(a)) (as added by subsection (a)) (3) COOPERATIVE AGREEMENTS.— AREAS ADMINISTERED BY THE BUREAU OF may be acquired by condemnation. (A) IN GENERAL.—In order to provide for LAND MANAGEMENT.—In furtherance of the the long-term protection, preservation, and (6) RELATION TO THE NATIONAL PARK SYS- purposes of the Wilderness Act (16 U.S.C. 1131 enhancement of the river segments des- TEM.—Notwithstanding section 10(c) of the et seq.), the following land in the State is ignated by paragraph (227) of section 3(a) of Wild and Scenic Rivers Act(16 U.S.C. 1281(c)), designated as wilderness and as components the Wild and Scenic Rivers Act (16 U.S.C. each segment of the Nashua, Squannacook, of the National Wilderness Preservation Sys- 1274(a)) (as added by subsection (a)), the Sec- and Nissitissit Rivers designated as a compo- tem: retary may enter into cooperative agree- nent of the Wild and Scenic Rivers System (1) GOLDEN VALLEY WILDERNESS.—Certain ments pursuant to sections 10(e) and 11(b)(1) under this section shall not— land in the Conservation Area administered of that Act (16 U.S.C. 1281(e), 1282(b)(1)) (A) be administered as a unit of the Na- by the Director of the Bureau of Land Man- with— tional Park System; or agement, comprising approximately 1,250 (i) the Commonwealth of Massachusetts (B) be subject to regulations that govern acres, as generally depicted on the map enti- and the State of New Hampshire; the National Park System. tled ‘‘Proposed Golden Valley Wilderness Ad- (ii) the municipalities of— Subtitle E—California Desert Protection and dition’’ and dated November 7, 2018, which (I) Ayer, Bolton, Dunstable, Groton, Har- Recreation shall be added to and administered as part of vard, Lancaster, Pepperell, Shirley, and SEC. 1401. DEFINITIONS. the ‘‘Golden Valley Wilderness’’. Townsend in Massachusetts; and In this subtitle: (2) KINGSTON RANGE WILDERNESS.—Certain (II) Brookline and Hollis in New Hamp- (1) CONSERVATION AREA.—The term ‘‘Con- land in the Conservation Area administered shire; and servation Area’’ means the California Desert by the Director of the Bureau of Land Man- (iii) appropriate local, regional, State, or Conservation Area. agement, comprising approximately 52,410 multistate, planning, environmental, or rec- (2) SECRETARY.—The term ‘‘Secretary’’ acres, as generally depicted on the map enti- reational organizations. means— tled ‘‘Proposed Kingston Range Wilderness (B) CONSISTENCY.—Each cooperative agree- (A) the Secretary, with respect to land ad- Additions’’ and dated November 7, 2018, ment entered into under this paragraph shall ministered by the Department of the Inte- which shall be added to and administered as be consistent with the management plan and rior; or part of the ‘‘Kingston Range Wilderness’’. may include provisions for financial or other (B) the Secretary of Agriculture, with re- (3) PALO VERDE MOUNTAINS WILDERNESS.— assistance from the United States. spect to National Forest System land. Certain land in the Conservation Area ad- (4) EFFECT ON WORKING DAMS.— (3) STATE.—The term ‘‘State’’ means the ministered by the Director of the Bureau of (A) IN GENERAL.—The designation of the State of California. Land Management, comprising approxi- river segments by paragraph (227) of section PART I—DESIGNATION OF WILDERNESS mately 9,350 acres, depicted as ‘‘Proposed 3(a) of the Wild and Scenic Rivers Act (16 IN THE CALIFORNIA DESERT CON- Palo Verde Mountains Wilderness Additions’’ U.S.C. 1274(a)) (as added by subsection (a)), SERVATION AREA on the map entitled ‘‘Proposed Vinagre Wash does not— SEC. 1411. CALIFORNIA DESERT CONSERVATION Special Management Area and Proposed Wil- (i) impact or alter the existing terms of AND RECREATION. derness’’ and dated December 4, 2018, which permitting, licensing, or operation of— (a) DESIGNATION OF WILDERNESS AREAS TO shall be added to and administered as part of (I) the Pepperell hydroelectric project BE ADMINISTERED BY THE BUREAU OF LAND the ‘‘Palo Verde Mountains Wilderness’’. (FERC Project P–12721, Nashua River, MANAGEMENT.—Section 102 of the California (4) INDIAN PASS MOUNTAINS WILDERNESS.— Pepperell, MA); Desert Protection Act of 1994 (16 U.S.C. 1132 Certain land in the Conservation Area ad- (II) the Ice House hydroelectric project note; Public Law 103–433; 108 Stat. 4472) is ministered by the Director of the Bureau of (FERC Project P–12769, Nashua River, Ayer, amended by adding at the end the following: Land Management, comprising approxi- MA); or ‘‘(70) AVAWATZ MOUNTAINS WILDERNESS.— mately 10,860 acres, depicted as ‘‘Proposed (III) the Hollingsworth and Vose Dam (non- Certain land in the California Desert Con- Indian Pass Wilderness Additions’’ on the FERC industrial facility, Squannacook servation Area administered by the Director map entitled ‘‘Proposed Vinagre Wash Spe- River, West Groton, MA) as further described of the Bureau of Land Management, com- cial Management Area and Proposed Wilder- in the management plan (Appendix A, prising approximately 89,500 acres, as gen- ness’’ and dated December 4, 2018, which ‘‘Working Dams’’); or erally depicted on the map entitled ‘Pro- shall be added to and administered as part of (ii) preclude the Federal Energy Regu- posed Avawatz Mountains Wilderness’ and the ‘‘Indian Pass Mountains Wilderness’’. latory Commission from licensing, reli- dated November 7, 2018, to be known as the (c) DESIGNATION OF WILDERNESS AREAS TO censing, or otherwise authorizing the oper- ‘Avawatz Mountains Wilderness’. BE ADMINISTERED BY THE NATIONAL PARK ation or continued operation of the Pepperell ‘‘(71) GREAT FALLS BASIN WILDERNESS.—Cer- SERVICE.—In furtherance of the purposes of and Ice House hydroelectric projects under tain land in the California Desert Conserva- the Wilderness Act (16 U.S.C. 1131 et seq.) the the terms of licenses or exemptions in effect tion Area administered by the Director of following land in Death Valley National on the date of enactment of this Act; or the Bureau of Land Management, comprising Park is designated as wilderness and as a (iii) limit actions taken to modernize, up- approximately 7,810 acres, as generally de- component of the National Wilderness Pres- grade, or carry out other changes to such picted on the map entitled ‘Proposed Great ervation System, which shall be added to, projects authorized pursuant to clause (i), Falls Basin Wilderness’ and dated November and administered as part of the Death Valley subject to written determination by the Sec- 7, 2018, to be known as the ‘Great Falls Basin National Park Wilderness established by sec- retary that the changes are consistent with Wilderness’. tion 601(a)(1) of the California Desert Protec- the purposes of the designation. ‘‘(72) SODA MOUNTAINS WILDERNESS.—Cer- tion Act of 1994 (16 U.S.C. 1132 note; Public (5) LAND MANAGEMENT.— tain land in the California Desert Conserva- Law 103–433; 108 Stat. 4496):

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(1) DEATH VALLEY NATIONAL PARK WILDER- egations of authority to the Forest Super- lands’ in section 103 of the Federal Land Pol- NESS ADDITIONS-NORTH EUREKA VALLEY.—Ap- visor, District Manager, or other agency offi- icy and Management Act of 1976 (43 U.S.C. proximately 11,496 acres, as generally de- cials) for responding to fire emergencies in 1702). picted on the map entitled ‘‘Death Valley the wilderness area designated by paragraph ‘‘(4) STATE.—The term ‘State’ means the National Park Proposed Wilderness Area- (1); and State of California. North Eureka Valley’’, numbered 143/ (ii) enter into agreements with appropriate ‘‘(b) ESTABLISHMENT.—There is established 100,082D, and dated November 1, 2018. State or local firefighting agencies relating the Vinagre Wash Special Management Area (2) DEATH VALLEY NATIONAL PARK WILDER- to the wilderness area. in the State, to be managed by the Sec- NESS ADDITIONS-IBEX.—Approximately 23,650 (e) EFFECT ON UTILITY FACILITIES AND retary. acres, as generally depicted on the map enti- RIGHTS-OF-WAY.—Nothing in this section or ‘‘(c) PURPOSE.—The purpose of the Manage- tled ‘‘Death Valley National Park Proposed an amendment made by this section affects ment Area is to conserve, protect, and en- Wilderness Area-Ibex’’, numbered 143/ or precludes the renewal or reauthorization hance— 100,081D, and dated November 1, 2018. of any valid existing right-of-way or cus- ‘‘(1) the plant and wildlife values of the (3) DEATH VALLEY NATIONAL PARK WILDER- tomary operation, maintenance, repair, up- Management Area; and NESS ADDITIONS-PANAMINT VALLEY.—Approxi- grading, or replacement activities in a right- ‘‘(2) the outstanding and nationally signifi- mately 4,807 acres, as generally depicted on of-way acquired by or issued, granted, or per- cant ecological, geological, scenic, rec- the map entitled ‘‘Death Valley National mitted to the Southern California Edison reational, archaeological, cultural, historic, Park Proposed Wilderness Area-Panamint Company or successors or assigns of the and other resources of the Management Valley’’, numbered 143/100,083D, and dated Southern California Edison Company. Area. November 1, 2018. (f) RELEASE OF WILDERNESS STUDY ‘‘(d) BOUNDARIES.—The Management Area (4) DEATH VALLEY NATIONAL PARK WILDER- AREAS.— shall consist of the public land in Imperial NESS ADDITIONS-WARM SPRINGS.—Approxi- (1) FINDING.—Congress finds that, for pur- County, California, comprising approxi- mately 10,485 acres, as generally depicted on poses of section 603 of the Federal Land Pol- mately 81,880 acres, as generally depicted on the map entitled ‘‘Death Valley National icy and Management Act of 1976 (43 U.S.C. the map as ‘Proposed Special Management Park Proposed Wilderness Area-Warm 1782), any portion of a wilderness study area Area’. ‘‘(e) MAP; LEGAL DESCRIPTION.— Spring Canyon/Galena Canyon’’, numbered described in paragraph (2) that is not des- ‘‘(1) IN GENERAL.—As soon as practicable, 143/100,084D, and dated November 1, 2018. ignated as a wilderness area or a wilderness but not later than 3 years, after the date of (5) DEATH VALLEY NATIONAL PARK WILDER- addition by this subtitle (including an enactment of this section, the Secretary NESS ADDITIONS-AXE HEAD.—Approximately amendment made by this subtitle) or any shall submit a map and legal description of 8,638 acres, as generally depicted on the map other Act enacted before the date of enact- the Management Area to— entitled ‘‘Death Valley National Park Pro- ment of this Act has been adequately studied ‘‘(A) the Committee on Natural Resources posed Wilderness Area-Axe Head’’, numbered for wilderness designation. of the House of Representatives; and 143/100,085D, and dated November 1, 2018. (2) DESCRIPTION OF STUDY AREAS.—The ‘‘(B) the Committee on Energy and Natural (6) DEATH VALLEY NATIONAL PARK WILDER- study areas referred to in subsection (a) Resources of the Senate. NESS ADDITIONS-BOWLING ALLEY.—Approxi- are— ‘‘(2) EFFECT.—The map and legal descrip- mately 28,923 acres, as generally depicted on (A) the Cady Mountains Wilderness Study tion submitted under paragraph (1) shall the map entitled ‘‘Death Valley National Area; have the same force and effect as if included Park Proposed Wilderness Area-Bowling (B) the Soda Mountains Wilderness Study in this section, except that the Secretary Alley’’, numbered 143/128,606A, and dated No- Area; may correct any errors in the map and legal vember 1, 2018. (C) the Kingston Range Wilderness Study (d) ADDITIONS TO EXISTING WILDERNESS description. Area; AREA ADMINISTERED BY THE FOREST SERV- ‘‘(3) AVAILABILITY.—Copies of the map sub- (D) the Avawatz Mountain Wilderness ICE.— mitted under paragraph (1) shall be on file Study Area; (1) IN GENERAL.—In furtherance of the pur- and available for public inspection in the ap- (E) the Death Valley 17 Wilderness Study poses of the Wilderness Act (16 U.S.C. 1131 et propriate offices of the Bureau of Land Man- Area; and seq.), the land described in paragraph (2)— agement. (F) the Great Falls Basin Wilderness Study (A) is designated as wilderness and as a ‘‘(f) MANAGEMENT.— Area. component of the National Wilderness Pres- ‘‘(1) IN GENERAL.—The Secretary shall ervation System; and (3) RELEASE.—The following are no longer manage the Management Area— (B) shall be added to and administered as subject to section 603(c) of the Federal Land ‘‘(A) in a manner that conserves, protects, part of the San Gorgonio Wilderness estab- Policy and Management Act of 1976 (43 and enhances the purposes for which the lished by the Wilderness Act (16 U.S.C. 1131 U.S.C. 1782(c)): Management Area is established; and et seq.). (A) Any portion of a wilderness study area ‘‘(B) in accordance with— described in paragraph (2) that is not des- (2) DESCRIPTION OF LAND.—The land re- ‘‘(i) this section; ferred to in paragraph (1) is certain land in ignated as a wilderness area or a wilderness ‘‘(ii) the Federal Land Policy and Manage- the San Bernardino National Forest, com- addition by this subtitle (including an ment Act of 1976 (43 U.S.C. 1701 et seq.); and prising approximately 7,141 acres, as gen- amendment made by this subtitle) or any ‘‘(iii) other applicable laws. other Act enacted before the date of enact- erally depicted on the map entitled ‘‘San ‘‘(2) USES.—The Secretary shall allow only Gorgonio Wilderness Additions—Proposed’’ ment of this Act. those uses that are consistent with the pur- and dated November 7, 2018. (B) Any portion of a wilderness study area poses of the Management Area, including described in paragraph (2) that is not trans- (3) FIRE MANAGEMENT AND RELATED ACTIVI- hiking, camping, hunting, and sightseeing ferred to the administrative jurisdiction of TIES.— and the use of motorized vehicles, mountain the National Park Service for inclusion in a (A) IN GENERAL.—The Secretary may carry bikes, and horses on designated routes in the out such activities in the wilderness area unit of the National Park System by this Management Area in a manner that— designated by paragraph (1) as are necessary subtitle (including an amendment made by ‘‘(A) is consistent with the purpose of the for the control of fire, insects, and disease, in this subtitle) or any other Act enacted be- Management Area described in subsection accordance with section 4(d)(1) of the Wilder- fore the date of enactment of this Act. (c); ness Act (16 U.S.C. 1133(d)(1)) and House Re- PART II—DESIGNATION OF SPECIAL ‘‘(B) ensures public health and safety; and port 98–40 of the 98th Congress. MANAGEMENT AREA ‘‘(C) is consistent with all applicable laws (B) FUNDING PRIORITIES.—Nothing in this SEC. 1421. VINAGRE WASH SPECIAL MANAGE- (including regulations), including the Desert subsection limits the provision of any fund- MENT AREA. Renewable Energy Conservation Plan. ing for fire or fuel management in the wil- Title I of the California Desert Protection ‘‘(3) OFF-HIGHWAY VEHICLE USE.— derness area designated by paragraph (1). Act of 1994 (16 U.S.C. 1132 note; Public Law ‘‘(A) IN GENERAL.—Subject to subpara- (C) REVISION AND DEVELOPMENT OF LOCAL 103–433; 108 Stat. 4472) is amended by adding graphs (B) and (C) and all other applicable FIRE MANAGEMENT PLANS.—As soon as prac- at the end the following: laws, the use of off-highway vehicles shall be ticable after the date of enactment of this ‘‘SEC. 109. VINAGRE WASH SPECIAL MANAGE- permitted on routes in the Management Area Act, the Secretary shall amend the local fire MENT AREA. as generally depicted on the map. management plans that apply to the wilder- ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) CLOSURE.—The Secretary may close or ness area designated by paragraph (1). ‘‘(1) MANAGEMENT AREA.—The term ‘Man- permanently reroute a portion of a route de- (D) ADMINISTRATION.—In accordance with agement Area’ means the Vinagre Wash Spe- scribed in subparagraph (A)— subparagraph (A) and other applicable Fed- cial Management Area established by sub- ‘‘(i) to prevent, or allow for restoration of, eral law, to ensure a timely and efficient re- section (b). resource damage; sponse to fire emergencies in the wilderness ‘‘(2) MAP.—The term ‘map’ means the map ‘‘(ii) to protect Tribal cultural resources, area designated by paragraph (1), the Sec- entitled ‘Proposed Vinagre Wash Special including the resources identified in the retary shall— Management Area and Proposed Wilderness’ Tribal cultural resources management plan (i) not later than 1 year after the date of and dated December 4, 2018. developed under section 705(d); enactment of this Act, establish agency ap- ‘‘(3) PUBLIC LAND.—The term ‘public land’ ‘‘(iii) to address public safety concerns; or proval procedures (including appropriate del- has the meaning given the term ‘public ‘‘(iv) as otherwise required by law.

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‘‘(C) DESIGNATION OF ADDITIONAL ROUTES.— PART III—NATIONAL PARK SYSTEM (b) AVAILABILITY OF MAPS.—The map de- During the 3-year period beginning on the ADDITIONS scribed in subsection (a) and the map depict- date of enactment of this section, the Sec- SEC. 1431. DEATH VALLEY NATIONAL PARK ing the 25 acres described in subsection (c)(2) retary— BOUNDARY REVISION. shall be on file and available for public in- ‘‘(i) shall accept petitions from the public (a) IN GENERAL.—The boundary of Death spection in the appropriate offices of the Na- regarding additional routes for off-highway Valley National Park is adjusted to in- tional Park Service. vehicles; and clude— (c) ADMINISTRATION.— ‘‘(ii) may designate additional routes that (1) the approximately 28,923 acres of Bu- (1) IN GENERAL.—The Secretary shall ad- the Secretary determines— reau of Land Management land in San minister any land added to the Joshua Tree ‘‘(I) would provide significant or unique Bernardino County, California, abutting the National Park under subsection (a) and the additional land described in paragraph (2)— recreational opportunities; and southern end of the Death Valley National (A) as part of Joshua Tree National Park; ‘‘(II) are consistent with the purposes of Park that lies between Death Valley Na- and the Management Area. tional Park to the north and Ft. Irwin Mili- (B) in accordance with applicable laws (in- ‘‘(4) WITHDRAWAL.—Subject to valid exist- tary Reservation to the south and which cluding regulations). ing rights, all Federal land within the Man- runs approximately 34 miles from west to (2) DESCRIPTION OF ADDITIONAL LAND.—The agement Area is withdrawn from— east, as depicted on the map entitled ‘‘Death Valley National Park Proposed Boundary additional land referred to in paragraph (1) is ‘‘(A) all forms of entry, appropriation, or the 25 acres of land— disposal under the public land laws; Addition-Bowling Alley’’, numbered 143/ 128,605A, and dated November 1, 2018; and (A) depicted on the map entitled ‘‘Joshua ‘‘(B) location, entry, and patent under the Tree National Park Boundary Adjustment mining laws; and (2) the approximately 6,369 acres of Bureau of Land Management land in Inyo County, Map’’, numbered 156/80,049, and dated April 1, ‘‘(C) right-of-way, leasing, or disposition 2003; under all laws relating to— California, located in the northeast area of Death Valley National Park that is within, (B) added to Joshua Tree National Park by ‘‘(i) minerals and mineral materials; or the notice of the Department of the Interior ‘‘(ii) solar, wind, and geothermal energy. and surrounded by, land under the jurisdic- tion of the Director of the National Park of August 28, 2003 (68 Fed. Reg. 51799); and ‘‘(5) NO BUFFER ZONE.—The establishment Service, as depicted on the map entitled (C) more particularly described as lots 26, of the Management Area shall not— 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., ‘‘(A) create a protective perimeter or buff- ‘‘Death Valley National Park Proposed Boundary Addition-Crater’’, numbered 143/ San Bernardino Meridian. er zone around the Management Area; or (d) SOUTHERN CALIFORNIA EDISON COMPANY ‘‘(B) preclude uses or activities outside the 100,079D, and dated November 1, 2018. (b) AVAILABILITY OF MAP.—The maps de- ENERGY TRANSPORT FACILITIES AND RIGHTS- Management Area that are permitted under scribed in paragraphs (1) and (2) of sub- OF-WAY.— other applicable laws, even if the uses or ac- section (a) shall be on file and available for (1) IN GENERAL.—Nothing in this section af- tivities are prohibited within the Manage- public inspection in the appropriate offices fects any valid right-of-way for the cus- ment Area. of the National Park Service. tomary operation, maintenance, upgrade, re- ‘‘(6) NOTICE OF AVAILABLE ROUTES.—The (c) ADMINISTRATION.—The Secretary— pair, relocation within an existing right-of- Secretary shall ensure that visitors to the (1) shall administer any land added to way, replacement, or other authorized en- Management Area have access to adequate Death Valley National Park under sub- ergy transport facility activities in a right- notice relating to the availability of des- section (a)— of-way issued, granted, or permitted to the ignated routes in the Management Area (A) as part of Death Valley National Park; Southern California Edison Company or the through— and successors or assigns of the Southern Cali- ‘‘(A) the placement of appropriate signage (B) in accordance with applicable laws (in- fornia Edison Company that is located on along the designated routes; cluding regulations); and land described in paragraphs (1) and (2) of ‘‘(B) the distribution of maps, safety edu- (2) may enter into a memorandum of un- subsection (a), including, at a minimum, the cation materials, and other information that derstanding with Inyo County, California, to use of mechanized vehicles, helicopters, or the Secretary determines to be appropriate; permit operationally feasible, ongoing access other aerial devices. and to and use (including material storage and (2) UPGRADES AND REPLACEMENTS.—Nothing ‘‘(C) restoration of areas that are not des- excavation) of existing gravel pits along Sa- in this section prohibits the upgrading or re- ignated as open routes, including vertical line Valley Road within Death Valley Na- placement of— mulching. tional Park for road maintenance and re- (A) Southern California Edison Company ‘‘(7) STEWARDSHIP.—The Secretary, in con- pairs in accordance with applicable laws (in- energy transport facilities, including the en- sultation with Indian Tribes and other inter- cluding regulations). ergy transport facilities referred to as the ests, shall develop a program to provide op- (d) MORMON PEAK MICROWAVE FACILITY.— Jellystone, Burnt Mountain, Whitehorn, portunities for monitoring and stewardship Title VI of the California Desert Protection Allegra, and Utah distribution circuits of the Management Area to minimize envi- Act of 1994 (16 U.S.C. 1132 note; Public Law rights-of-way; or ronmental impacts and prevent resource 103–433; 108 Stat. 4496) is amended by adding (B) an energy transport facility in rights- damage from recreational use, including vol- at the end the following: of-way issued, granted, or permitted by the unteer assistance with— ‘‘SEC. 604. MORMON PEAK MICROWAVE FACILITY. Secretary adjacent to Southern California ‘‘(A) route signage; ‘‘The designation of the Death Valley Na- Edison Joshua Tree Utility Facilities. ‘‘(B) restoration of closed routes; tional Park Wilderness by section 601(a)(1) (3) PUBLICATION OF PLANS.—Not later than ‘‘(C) protection of Management Area re- shall not preclude the operation and mainte- the date that is 1 year after the date of en- sources; and nance of the Mormon Peak Microwave Facil- actment of this Act or the issuance of a new ‘‘(D) recreation education. ity.’’. energy transport facility right-of-way within the Joshua Tree National Park, whichever is ‘‘(8) PROTECTION OF TRIBAL CULTURAL RE- SEC. 1432. MOJAVE NATIONAL PRESERVE. earlier, the Secretary, in consultation with SOURCES.—Not later than 2 years after the The boundary of the Mojave National Pre- the Southern California Edison Company, date of enactment of this section, the Sec- serve is adjusted to include the 25 acres of shall publish plans for regular and emer- retary, in accordance with chapter 2003 of Bureau of Land Management land in Baker, gency access by the Southern California Edi- title 54, United States Code, and any other California, as depicted on the map entitled son Company to the rights-of-way of the applicable law, shall— ‘‘Mojave National Preserve Proposed Bound- Southern California Edison Company within ‘‘(A) prepare and complete a Tribal cul- ary Addition’’, numbered 170/100,199A, and Joshua Tree National Park. tural resources survey of the Management dated November 1, 2018. (e) VISITOR CENTER.—Title IV of the Cali- Area; and SEC. 1433. JOSHUA TREE NATIONAL PARK. fornia Desert Protection Act of 1994 (16 ‘‘(B) consult with the Quechan Indian Na- (a) BOUNDARY ADJUSTMENT.—The boundary U.S.C. 410aaa–21 et seq.) is amended by add- tion and other Indian Tribes demonstrating of the Joshua Tree National Park is adjusted ing at the end the following: ancestral, cultural, or other ties to the re- to include— ‘‘SEC. 408. VISITOR CENTER. sources within the Management Area on the (1) the approximately 2,879 acres of land ‘‘(a) IN GENERAL.—The Secretary may ac- development and implementation of the managed by the Bureau of Land Management quire not more than 5 acres of land and in- Tribal cultural resources survey under sub- that are depicted as ‘‘BLM Proposed Bound- terests in land, and improvements on the paragraph (A). ary Addition’’ on the map entitled ‘‘Joshua land and interests, outside the boundaries of ‘‘(9) MILITARY USE.—The Secretary may au- Tree National Park Proposed Boundary Ad- the park, in the unincorporated village of thorize use of the non-wilderness portion of ditions’’, numbered 156/149,375, and dated No- Joshua Tree, for the purpose of operating a the Management Area by the Secretary of vember 1, 2018; and visitor center. the Navy for Naval Special Warfare Tactical (2) the approximately 1,639 acres of land ‘‘(b) BOUNDARY.—The Secretary shall mod- Training, including long-range small unit that are depicted as ‘‘MDLT Proposed ify the boundary of the park to include the training and navigation, vehicle conceal- Boundary Addition’’ on the map entitled land acquired under this section as a non- ment, and vehicle sustainment training, con- ‘‘Joshua Tree National Park Proposed contiguous parcel. sistent with this section and other applicable Boundary Additions’’, numbered 156/149,375, ‘‘(c) ADMINISTRATION.—Land and facilities laws.’’. and dated November 1, 2018. acquired under this section—

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S960 CONGRESSIONAL RECORD — SENATE February 6, 2019 ‘‘(1) may include the property owned (as of son Valley OHV Recreation Area’ and dated ‘‘(A) this title; the date of enactment of this section) by the November 7, 2018. ‘‘(B) the Federal Land Policy and Manage- Joshua Tree National Park Association and ‘‘(b) PURPOSE.—The purpose of the off-high- ment Act of 1976 (43 U.S.C. 1701 et seq.); and commonly referred to as the ‘Joshua Tree way vehicle recreation areas designated or ‘‘(C) any other applicable laws (including National Park Visitor Center’; expanded under subsection (a) is to preserve regulations). ‘‘(2) shall be administered by the Secretary and enhance the recreational opportunities ‘‘(2) MANAGEMENT PLAN.— as part of the park; and within the Conservation Area (including op- ‘‘(A) IN GENERAL.—As soon as practicable, ‘‘(3) may be acquired only with the consent portunities for off-highway vehicle recre- but not later than 3 years after the date of of the owner, by donation, purchase with do- ation), while conserving the wildlife and enactment of this title, the Secretary shall— nated or appropriated funds, or exchange.’’. other natural resource values of the Con- ‘‘(i) amend existing resource management servation Area. plans applicable to the off-highway vehicle PART IV—OFF-HIGHWAY VEHICLE ‘‘(c) MAPS AND DESCRIPTIONS.— recreation areas designated or expanded by RECREATION AREAS ‘‘(1) PREPARATION AND SUBMISSION.—As subsection (a); or SEC. 1441. OFF-HIGHWAY VEHICLE RECREATION soon as practicable after the date of enact- ‘‘(ii) develop new management plans for AREAS. ment of this title, the Secretary shall file a each off-highway vehicle recreation area des- Public Law 103–433 is amended by inserting map and legal description of each off-high- ignated or expanded under that subsection. after title XII (16 U.S.C. 410bbb et seq.) the way vehicle recreation area designated or ex- ‘‘(B) REQUIREMENTS.—All new or amended following: panded by subsection (a) with— plans under subparagraph (A) shall be de- ‘‘(A) the Committee on Natural Resources ‘‘TITLE XIII—OFF-HIGHWAY VEHICLE signed to preserve and enhance safe off-high- of the House of Representatives; and RECREATION AREAS way vehicle and other recreational opportu- ‘‘(B) the Committee on Energy and Natural nities within the applicable recreation area ‘‘SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHI- Resources of the Senate. CLE RECREATION AREAS. consistent with— ‘‘(2) LEGAL EFFECT.—The map and legal de- ‘‘(i) the purpose described in subsection (b); ‘‘(a) IN GENERAL.— scriptions of the off-highway vehicle recre- and ‘‘(1) DESIGNATION.—In accordance with the ation areas filed under paragraph (1) shall ‘‘(ii) any applicable laws (including regula- Federal Land Policy and Management Act of have the same force and effect as if included tions). 1976 (43 U.S.C. 1701 et seq.) and resource man- in this title, except that the Secretary may ‘‘(C) INTERIM PLANS.—Pending completion agement plans developed under this title and correct errors in the map and legal descrip- of a new management plan under subpara- subject to valid rights, the following land tions. graph (A), the existing resource management within the Conservation Area in San ‘‘(3) PUBLIC AVAILABILITY.—Each map and plans shall govern the use of the applicable Bernardino County, California, is designated legal description filed under paragraph (1) off-highway vehicle recreation area. as Off-Highway Vehicle Recreation Areas: shall be filed and made available for public ‘‘(f) WITHDRAWAL.—Subject to valid exist- ‘‘(A) DUMONT DUNES OFF-HIGHWAY VEHICLE inspection in the appropriate offices of the ing rights, all Federal land within the off- RECREATION AREA.—Certain Bureau of Land Bureau of Land Management. highway vehicle recreation areas designated Management land in the Conservation Area, ‘‘(d) USE OF THE LAND.— or expanded by subsection (a) is withdrawn comprising approximately 7,620 acres, as gen- ‘‘(1) RECREATIONAL ACTIVITIES.— from— erally depicted on the map entitled ‘Pro- ‘‘(A) IN GENERAL.—The Secretary shall con- ‘‘(1) all forms of entry, appropriation, or posed Dumont Dunes OHV Recreation Area’ tinue to authorize, maintain, and enhance disposal under the public land laws; and dated November 7, 2018, which shall be the recreational uses of the off-highway ve- ‘‘(2) location, entry, and patent under the known as the ‘Dumont Dunes Off-Highway hicle recreation areas designated or ex- mining laws; and Vehicle Recreation Area’. panded by subsection (a), as long as the rec- ‘‘(3) right-of-way, leasing, or disposition ‘‘(B) EL MIRAGE OFF-HIGHWAY VEHICLE reational use is consistent with this section under all laws relating to mineral leasing, RECREATION AREA.—Certain Bureau of Land and any other applicable law. geothermal leasing, or mineral materials. Management land in the Conservation Area, ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF-HIGH- ‘‘(g) SOUTHERN CALIFORNIA EDISON COM- comprising approximately 16,370 acres, as WAY RECREATION.—To the extent consistent PANY UTILITY FACILITIES AND RIGHTS-OF- generally depicted on the map entitled ‘Pro- with applicable Federal law (including regu- WAY.— posed El Mirage OHV Recreation Area’ and lations) and this section, any authorized ‘‘(1) EFFECT OF TITLE.—Nothing in this dated December 10, 2018, which shall be recreation activities and use designations in title— known as the ‘El Mirage Off-Highway Vehi- effect on the date of enactment of this title ‘‘(A) affects any validly issued right-of-way cle Recreation Area’. and applicable to the off-highway vehicle for the customary operation, maintenance, ‘‘(C) RASOR OFF-HIGHWAY VEHICLE RECRE- recreation areas designated or expanded by upgrade, repair, relocation within an exist- ATION AREA.—Certain Bureau of Land Man- subsection (a) shall continue, including cas- ing right-of-way, replacement, or other au- agement land in the Conservation Area, com- ual off-highway vehicular use, racing, com- thorized energy transport facility activities prising approximately 23,900 acres, as gen- petitive events, rock crawling, training, and (including the use of any mechanized vehi- erally depicted on the map entitled ‘Pro- other forms of off-highway recreation. cle, helicopter, and other aerial device) in a posed Rasor OHV Recreation Area’ and dated ‘‘(2) WILDLIFE GUZZLERS.—Wildlife guzzlers right-of-way acquired by or issued, granted, November 7, 2018, which shall be known as shall be allowed in the off-highway vehicle or permitted to Southern California Edison the ‘Rasor Off-Highway Vehicle Recreation recreation areas designated or expanded by Company (including any successor in inter- Area’. subsection (a) in accordance with— est or assign) that is located on land in- ‘‘(D) SPANGLER HILLS OFF-HIGHWAY VEHICLE ‘‘(A) applicable Bureau of Land Manage- cluded in— RECREATION AREA.—Certain Bureau of Land ment guidelines; and ‘‘(i) the El Mirage Off-Highway Vehicle Management land in the Conservation Area, ‘‘(B) State law. Recreation Area; comprising approximately 92,340 acres, as ‘‘(3) PROHIBITED USES.— ‘‘(ii) the Spangler Hills Off-Highway Vehi- generally depicted on the map entitled ‘Pro- ‘‘(A) IN GENERAL.—Except as provided in cle Recreation Area; posed Spangler Hills OHV Recreation Area’ subparagraph (B), commercial development ‘‘(iii) the Stoddard Valley Off-Highway Ve- and dated December 10, 2018, which shall be (including development of energy facilities, hicle Recreation Area; or known as the ‘Spangler Hills Off-Highway but excluding energy transport facilities, ‘‘(iv) the Johnson Valley Off-Highway Ve- Vehicle Recreation Area’. rights-of-way, and related telecommuni- hicle Recreation Area; ‘‘(E) STODDARD VALLEY OFF-HIGHWAY VEHI- cation facilities) shall be prohibited in the ‘‘(B) affects the application, siting, route CLE RECREATION AREA.—Certain Bureau of off-highway vehicle recreation areas des- selection, right-of-way acquisition, or con- Land Management land in the Conservation ignated or expanded by subsection (a) if the struction of the Coolwater-Lugo trans- Area, comprising approximately 40,110 acres, Secretary determines that the development mission project, as may be approved by the as generally depicted on the map entitled is incompatible with the purpose described California Public Utilities Commission and ‘Proposed Stoddard Valley OHV Recreation in subsection (b). the Bureau of Land Management; or Area’ and dated November 7, 2018, which ‘‘(B) EXCEPTION.—The Secretary may issue ‘‘(C) prohibits the upgrading or replace- shall be known as the ‘Stoddard Valley Off- a temporary permit to a commercial vendor ment of any Southern California Edison Highway Vehicle Recreation Area’. to provide accessories and other support for Company— ‘‘(2) EXPANSION OF JOHNSON VALLEY OFF- off-highway vehicle use in an off-highway ve- ‘‘(i) utility facility, including such a util- HIGHWAY VEHICLE RECREATION AREA.—The hicle recreation area designated or expanded ity facility known on the date of enactment Johnson Valley Off-Highway Vehicle Recre- by subsection (a) for a limited period and of this title as— ation Area designated by section 2945 of the consistent with the purposes of the off-high- ‘‘(I) ‘Gale-PS 512 transmission lines or Military Construction Authorization Act for way vehicle recreation area and applicable rights-of-way’; Fiscal Year 2014 (division B of Public Law laws. ‘‘(II) ‘Patio, Jack Ranch, and Kenworth 113–66; 127 Stat. 1038) is expanded to include ‘‘(e) ADMINISTRATION.— distribution circuits or rights-of-way’; or approximately 20,240 acres, depicted as ‘Pro- ‘‘(1) IN GENERAL.—The Secretary shall ad- ‘‘(III) ‘Bessemer and Peacor distribution posed OHV Recreation Area Additions’ and minister the off-highway vehicle recreation circuits or rights-of-way’; or ‘Proposed OHV Recreation Area Study areas designated or expanded by subsection ‘‘(ii) energy transport facility in a right-of- Areas’ on the map entitled ‘Proposed John- (a) in accordance with— way issued, granted, or permitted by the

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Secretary adjacent to a utility facility re- ‘‘SEC. 1402. ALABAMA HILLS NATIONAL SCENIC ‘‘(2) ACTIVITIES OUTSIDE SCENIC AREA.—The ferred to in clause (i). AREA, CALIFORNIA. fact that an activity or use on land outside ‘‘(2) PLANS FOR ACCESS.—The Secretary, in ‘‘(a) ESTABLISHMENT.—Subject to valid ex- the Scenic Area can be seen or heard within consultation with the Southern California isting rights, there is established in Inyo the Scenic Area shall not preclude the activ- Edison Company, shall publish plans for reg- County, California, the Alabama Hills Na- ity or use outside the boundaries of the Sce- ular and emergency access by the Southern tional Scenic Area, to be comprised of the nic Area. California Edison Company to the rights-of- approximately 18,610 acres generally de- ‘‘(g) ACCESS.—The Secretary shall provide way of the Company by the date that is 1 picted on the Map as ‘National Scenic Area’. private landowners adequate access to year after the later of— ‘‘(b) PURPOSE.—The purpose of the Scenic inholdings in the Scenic Area. ‘‘(A) the date of enactment of this title; Area is to conserve, protect, and enhance for ‘‘(h) FILMING.—Nothing in this title pro- and the benefit, use, and enjoyment of present hibits filming (including commercial film ‘‘(B) the date of issuance of a new energy and future generations the nationally sig- production, student filming, and still pho- transport facility right-of-way within— nificant scenic, cultural, geological, edu- tography) within the Scenic Area— ‘‘(i) the El Mirage Off-Highway Vehicle cational, biological, historical, recreational, ‘‘(1) subject to— Recreation Area; cinematographic, and scientific resources of ‘‘(A) such reasonable regulations, policies, ‘‘(ii) the Spangler Hills Off-Highway Vehi- the Scenic Area managed consistent with and practices as the Secretary considers to cle Recreation Area; section 302(a) of the Federal Land Policy and be necessary; and ‘‘(iii) the Stoddard Valley Off-Highway Ve- Management Act of 1976 (43 U.S.C. 1732(a)). ‘‘(B) applicable law; and hicle Recreation Area; or ‘‘(c) MAP; LEGAL DESCRIPTIONS.— ‘‘(2) in a manner consistent with the pur- ‘‘(iv) the Johnson Valley Off-Highway Ve- ‘‘(1) IN GENERAL.—As soon as practicable poses described in subsection (b). hicle Recreation Area. after the date of enactment of this title, the ‘‘(i) FISH AND WILDLIFE.—Nothing in this ‘‘(h) PACIFIC GAS AND ELECTRIC COMPANY Secretary shall file a map and a legal de- title affects the jurisdiction or responsibil- UTILITY FACILITIES AND RIGHTS-OF-WAY.— scription of the Scenic Area with— ities of the State with respect to fish and ‘‘(1) EFFECT OF TITLE.—Nothing in this ‘‘(A) the Committee on Energy and Natural wildlife. title— Resources of the Senate; and ‘‘(j) LIVESTOCK.—The grazing of livestock ‘‘(A) affects any validly issued right-of-way ‘‘(B) the Committee on Natural Resources in the Scenic Area, including grazing under for the customary operation, maintenance, of the House of Representatives. the Alabama Hills allotment and the George upgrade, repair, relocation within an exist- ‘‘(2) FORCE OF LAW.—The map and legal de- Creek allotment, as established before the ing right-of-way, replacement, or other au- scriptions filed under paragraph (1) shall date of enactment of this title, shall be per- thorized activity (including the use of any have the same force and effect as if included mitted to continue— mechanized vehicle, helicopter, and other in this title, except that the Secretary may ‘‘(1) subject to— aerial device) in a right-of-way acquired by correct any clerical and typographical errors ‘‘(A) such reasonable regulations, policies, or issued, granted, or permitted to Pacific in the map and legal descriptions. and practices as the Secretary considers to Gas and Electric Company (including any ‘‘(3) PUBLIC AVAILABILITY.—Each map and be necessary; and successor in interest or assign) that is lo- legal description filed under paragraph (1) ‘‘(B) applicable law; and cated on land included in the Spangler Hills shall be on file and available for public in- ‘‘(2) in a manner consistent with the pur- Off-Highway Vehicle Recreation Area; or spection in the appropriate offices of the poses described in subsection (b). ‘‘(B) prohibits the upgrading or replace- Forest Service and the Bureau of Land Man- ‘‘(k) WITHDRAWAL.—Subject to the provi- ment of any— agement. sions of this title and valid rights in exist- ‘‘(i) utility facilities of the Pacific Gas and ‘‘(d) ADMINISTRATION.—The Secretary shall ence on the date of enactment of this title, Electric Company, including those utility fa- manage the Scenic Area— including rights established by prior with- cilities known on the date of enactment of ‘‘(1) as a component of the National Land- drawals, the Federal land within the Scenic this title as— scape Conservation System; Area is withdrawn from all forms of— ‘‘(I) ‘Gas Transmission Line 311 or rights- ‘‘(2) so as not to impact the future con- ‘‘(1) entry, appropriation, or disposal under of-way’; or tinuing operation and maintenance of any the public land laws; ‘‘(II) ‘Gas Transmission Line 372 or rights- activities associated with valid, existing ‘‘(2) location, entry, and patent under the of-way’; or rights, including water rights; mining laws; and ‘‘(ii) utility facilities of the Pacific Gas ‘‘(3) in a manner that conserves, protects, ‘‘(3) disposition under all laws pertaining and Electric Company in rights-of-way and enhances the resources and values of the to mineral and geothermal leasing or min- issued, granted, or permitted by the Sec- Scenic Area described in subsection (b); and eral materials. retary adjacent to a utility facility referred ‘‘(4) in accordance with— ‘‘(l) WILDLAND FIRE OPERATIONS.—Nothing to in clause (i). ‘‘(A) the Federal Land Policy and Manage- in this title prohibits the Secretary, in co- ‘‘(2) PLANS FOR ACCESS.—Not later than 1 ment Act of 1976 (43 U.S.C. 1701 et seq.); operation with other Federal, State, and year after the date of enactment of this title ‘‘(B) this title; and local agencies, as appropriate, from con- or the issuance of a new utility facility ‘‘(C) any other applicable laws. ducting wildland fire operations in the Sce- right-of-way within the Spangler Hills Off- ‘‘(e) MANAGEMENT.— nic Area, consistent with the purposes de- Highway Vehicle Recreation Area, whichever ‘‘(1) IN GENERAL.—The Secretary shall scribed in subsection (b). is later, the Secretary, in consultation with allow only such uses of the Scenic Area as ‘‘(m) COOPERATIVE AGREEMENTS.—The Sec- the Pacific Gas and Electric Company, shall the Secretary determines would further the retary may enter into cooperative agree- publish plans for regular and emergency ac- purposes of the Scenic Area as described in ments with, State, Tribal, and local govern- cess by the Pacific Gas and Electric Com- subsection (b). mental entities and private entities to con- pany to the rights-of-way of the Pacific Gas ‘‘(2) RECREATIONAL ACTIVITIES.—Except as duct research, interpretation, or public edu- and Electric Company. otherwise provided in this title or other ap- cation or to carry out any other initiative ‘‘TITLE XIV—ALABAMA HILLS NATIONAL plicable law, or as the Secretary determines relating to the restoration, conservation, or SCENIC AREA to be necessary for public health and safety, management of the Scenic Area. ‘‘SEC. 1401. DEFINITIONS. the Secretary shall allow existing rec- ‘‘(n) UTILITY FACILITIES AND RIGHTS-OF- ‘‘In this title: reational uses of the Scenic Area to con- WAY.— ‘‘(1) MANAGEMENT PLAN.—The term ‘man- tinue, including hiking, mountain biking, ‘‘(1) EFFECT OF TITLE.—Nothing in this agement plan’ means the management plan rock climbing, sightseeing, horseback riding, title— for the Scenic Area developed under section hunting, fishing, and appropriate authorized ‘‘(A) affects the existence, use, operation, 1403(a). motorized vehicle use in accordance with maintenance (including vegetation control), ‘‘(2) MAP.—The term ‘Map’ means the map paragraph (3). repair, construction, reconfiguration, expan- entitled ‘Proposed Alabama Hills National ‘‘(3) MOTORIZED VEHICLES.—Except as oth- sion, inspection, renewal, reconstruction, al- Scenic Area’ and dated November 7, 2018. erwise specified in this title, or as necessary teration, addition, relocation, improvement, ‘‘(3) MOTORIZED VEHICLE.—The term ‘mo- for administrative purposes or to respond to funding, removal, or replacement of any util- torized vehicle’ means a motorized or mecha- an emergency, the use of motorized vehicles ity facility or appurtenant right-of-way nized vehicle and includes, when used by a in the Scenic Area shall be permitted only within or adjacent to the Scenic Area; utility, mechanized equipment, a helicopter, on— ‘‘(B) subject to subsection (e), affects nec- and any other aerial device necessary to ‘‘(A) roads and trails designated by the essary or efficient access to utility facilities maintain electrical or communications in- Secretary for use of motorized vehicles as or rights-of-way within or adjacent to the frastructure. part of a management plan sustaining a Scenic Area; and ‘‘(4) SCENIC AREA.—The term ‘Scenic Area’ semiprimitive motorized experience; or ‘‘(C) precludes the Secretary from author- means the Alabama Hills National Scenic ‘‘(B) county-maintained roads in accord- izing the establishment of new utility facil- Area established by section 1402(a). ance with applicable State and county laws. ity rights-of-way (including instream sites, ‘‘(5) STATE.—The term ‘State’ means the ‘‘(f) NO BUFFER ZONES.— routes, and areas) within the Scenic Area in State of California. ‘‘(1) IN GENERAL.—Nothing in this title cre- a manner that minimizes harm to the pur- ‘‘(6) TRIBE.—The term ‘Tribe’ means the ates a protective perimeter or buffer zone pose of the Scenic Area as described in sub- Lone Pine Paiute-Shoshone Tribe. around the Scenic Area. section (b)—

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S962 CONGRESSIONAL RECORD — SENATE February 6, 2019 ‘‘(i) in accordance with the National Envi- gible, or considered to have been taken into shall complete a study regarding the impact ronmental Policy Act of 1969 (42 U.S.C. 4321 trust, for gaming (within the meaning of the of habitat fragmentation on wildlife in the et seq.) and any other applicable law; Indian Gaming Regulatory Act (25 U.S.C. California Desert Conservation Area. ‘‘(ii) subject to such terms and conditions 2701 et seq.)). ‘‘(2) COMPONENTS.—The study under para- as the Secretary determines to be appro- ‘‘SEC. 1405. TRANSFER OF ADMINISTRATIVE JU- graph (1) shall— priate; and RISDICTION. ‘‘(A) identify the species migrating, or ‘‘(iii) that are determined by the Secretary ‘‘Administrative jurisdiction over the ap- likely to migrate in the California Desert to be the only technical or feasible location, proximately 56 acres of Federal land depicted Conservation Area; following consideration of alternatives with- on the Map as ‘USFS Transfer to BLM’ is ‘‘(B) examine the impacts and potential in existing rights-of-way or outside of the transferred from the Forest Service to the impacts of habitat fragmentation on— Scenic Area. Bureau of Land Management. ‘‘(i) plants, insects, and animals; ‘‘(2) MANAGEMENT PLAN.—Consistent with ‘‘SEC. 1406. PROTECTION OF SERVICES AND REC- ‘‘(ii) soil; this title, the Management Plan shall estab- REATIONAL OPPORTUNITIES. ‘‘(iii) air quality; lish provisions for maintenance of public ‘‘(a) EFFECT OF TITLE.—Nothing in this ‘‘(iv) water quality and quantity; and utility and other rights-of-way within the title limits commercial services for existing ‘‘(v) species migration and survival; Scenic Area. or historic recreation uses, as authorized by ‘‘(C) identify critical wildlife and species ‘‘SEC. 1403. MANAGEMENT PLAN. the permit process of the Bureau of Land migration corridors recommended for preser- ‘‘(a) IN GENERAL.—Not later than 3 years Management. vation; and after the date of enactment of this title, in ‘‘(b) GUIDED RECREATIONAL OPPORTUNI- ‘‘(D) include recommendations for ensuring accordance with subsections (b) and (c), the TIES.—Commercial permits to exercise guid- the biological connectivity of public land Secretary shall develop a comprehensive ed recreational opportunities for the public managed by the Secretary and the Secretary plan for the long-term management of the that are authorized as of the date of enact- of Defense throughout the California Desert Scenic Area. ment of this title may continue to be author- Conservation Area. ‘‘(b) CONSULTATION.—In developing the ized.’’. ‘‘(3) RIGHTS-OF-WAY.—The Secretary shall management plan, the Secretary shall con- consider the information and recommenda- PART V—MISCELLANEOUS sult with— tions of the study under paragraph (1) to de- ‘‘(1) appropriate State, Tribal, and local SEC. 1451. TRANSFER OF LAND TO ANZA- termine the individual and cumulative im- governmental entities, including Inyo Coun- BORREGO DESERT STATE PARK. pacts of rights-of-way for projects in the ty and the Tribe; Title VII of the California Desert Protec- California Desert Conservation Area, in ac- ‘‘(2) utilities, including Southern Cali- tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) is cordance with— fornia Edison Company and the Los Angeles amended by adding at the end the following: ‘‘(A) the National Environmental Policy Department of Water and Power; ‘‘SEC. 712. TRANSFER OF LAND TO ANZA- Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(3) the Alabama Hills Stewardship Group; BORREGO DESERT STATE PARK. ‘‘(B) the Endangered Species Act of 1973 (16 and ‘‘(a) IN GENERAL.—On termination of all U.S.C. 1531 et seq.); and ‘‘(4) members of the public. mining claims to the land described in sub- ‘‘(C) any other applicable law. ‘‘(c) REQUIREMENT.—In accordance with section (b), the Secretary shall transfer the ‘‘(c) LAND MANAGEMENT PLANS.—The Sec- this title, the management plan shall include land described in that subsection to the retary shall incorporate into all land man- provisions for maintenance of existing public State of California. agement plans applicable to the California utility and other rights-of-way within the ‘‘(b) DESCRIPTION OF LAND.—The land re- Desert Conservation Area the findings and Scenic Area. ferred to in subsection (a) is certain Bureau recommendations of the study completed ‘‘(d) INCORPORATION.—In developing the of Land Management land in San Diego under subsection (b).’’. County, California, comprising approxi- management plan, in accordance with this SEC. 1453. PROHIBITED USES OF ACQUIRED, DO- section, the Secretary may allow casual use mately 934 acres, as generally depicted on NATED, AND CONSERVATION LAND. mining limited to the use of hand tools, the map entitled ‘Proposed Table Mountain Title VII of the California Desert Protec- metal detectors, hand-fed dry washers, vacu- Wilderness Study Area Transfer to the State’ tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) um cleaners, gold pans, small sluices, and and dated November 7, 2018. (as amended by section 1452) is amended by similar items. ‘‘(c) MANAGEMENT.— adding at the end the following: ‘‘(e) INTERIM MANAGEMENT.—Pending com- ‘‘(1) IN GENERAL.—The land transferred pletion of the management plan, the Sec- under subsection (a) shall be managed in ac- ‘‘SEC. 714. PROHIBITED USES OF ACQUIRED, DO- NATED, AND CONSERVATION LAND. retary shall manage the Scenic Area in ac- cordance with the provisions of the Cali- ‘‘(a) DEFINITIONS.—In this section: cordance with section 1402(b). fornia Wilderness Act (California Public Re- ‘‘(1) ACQUIRED LAND.—The term ‘acquired ‘‘SEC. 1404. LAND TAKEN INTO TRUST FOR LONE sources Code sections 5093.30–5093.40). land’ means any land acquired within the PINE PAIUTE-SHOSHONE RESERVA- ‘‘(2) WITHDRAWAL.—Subject to valid exist- Conservation Area using amounts from the TION. ing rights, the land transferred under sub- land and water conservation fund established ‘‘(a) TRUST LAND.— section (a) is withdrawn from— under section 200302 of title 54, United States ‘‘(1) IN GENERAL.—On completion of the ‘‘(A) all forms of entry, appropriation, or Code. survey described in subsection (b), all right, disposal under the public land laws; ‘‘(2) CONSERVATION AREA.—The term ‘Con- title, and interest of the United States in ‘‘(B) location, entry, and patent under the servation Area’ means the California Desert and to the approximately 132 acres of Fed- mining laws; and Conservation Area. eral land depicted on the Map as ‘Lone Pine ‘‘(C) disposition under all laws relating to ‘‘(3) CONSERVATION LAND.—The term ‘con- Paiute-Shoshone Reservation Addition’ shall mineral and geothermal leasing. servation land’ means any land within the be held in trust for the benefit of the Tribe, ‘‘(3) REVERSION.—If the State ceases to Conservation Area that is designated to sat- subject to paragraphs (2) and (3). manage the land transferred under sub- isfy the conditions of a Federal habitat con- ‘‘(2) CONDITIONS.—The land described in section (a) as part of the State Park System servation plan, general conservation plan, or paragraph (1) shall be subject to all ease- or in a manner inconsistent with the Cali- State natural communities conservation ments, covenants, conditions, restrictions, fornia Wilderness Act (California Public Re- plan, including— withdrawals, and other matters of record in sources Code sections 5093.30–5093.40), the ‘‘(A) national conservation land estab- existence on the date of enactment of this land shall revert to the Secretary at the dis- lished pursuant to section 2002(b)(2)(D) of the title. cretion of the Secretary, to be managed as a Omnibus Public Land Management Act of ‘‘(3) EXCLUSION.—The Federal land over Wilderness Study Area.’’. which the right-of-way for the Los Angeles 2009 (16 U.S.C. 7202(b)(2)(D)); and SEC. 1452. WILDLIFE CORRIDORS. Aqueduct is located, generally described as ‘‘(B) areas of critical environmental con- Title VII of the California Desert Protec- the 250-foot-wide right-of-way granted to the cern established pursuant to section 202(c)(3) tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) City of Los Angeles pursuant to the Act of of the Federal Land Policy and Management (as amended by section 1451) is amended by June 30, 1906 (34 Stat. 801, chapter 3926), shall Act of 1976 (43 U.S.C. 1712(c)(3)). adding at the end the following: not be taken into trust for the Tribe. ‘‘(4) DONATED LAND.—The term ‘donated ‘‘(b) SURVEY.—Not later than 180 days after ‘‘SEC. 713. WILDLIFE CORRIDORS. land’ means any private land donated to the the date of enactment of this title, the Sec- ‘‘(a) IN GENERAL.—The Secretary shall— United States for conservation purposes in retary shall complete a survey of the bound- ‘‘(1) assess the impacts of habitat frag- the Conservation Area. ary lines to establish the boundaries of the mentation on wildlife in the California ‘‘(5) DONOR.—The term ‘donor’ means an land to be held in trust under subsection Desert Conservation Area; and individual or entity that donates private (a)(1). ‘‘(2) establish policies and procedures to land within the Conservation Area to the ‘‘(c) RESERVATION LAND.—The land held in ensure the preservation of wildlife corridors United States. trust pursuant to subsection (a)(1) shall be and facilitate species migration. ‘‘(6) SECRETARY.—The term ‘Secretary’ considered to be a part of the reservation of ‘‘(b) STUDY.— means the Secretary, acting through the Di- the Tribe. ‘‘(1) IN GENERAL.—As soon as practicable, rector of the Bureau of Land Management. ‘‘(d) GAMING PROHIBITION.—Land held in but not later than 2 years, after the date of ‘‘(7) STATE.—The term ‘State’ means the trust under subsection (a)(1) shall not be eli- enactment of this section, the Secretary State of California.

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‘‘(b) PROHIBITIONS.—Except as provided in (1) by redesignating subsection (b) as sub- ‘‘(e) WITHDRAWAL.—Subject to valid exist- subsection (c), the Secretary shall not au- section (c); ing rights, all Federal land within the area thorize the use of acquired land, conserva- (2) by striking subsection (a) and inserting administratively withdrawn and known as tion land, or donated land within the Con- the following: the ‘Indian Pass Withdrawal Area’ is perma- servation Area for any activities contrary to ‘‘(a) ACCESS.—The Secretary shall ensure nently withdrawn from— the conservation purposes for which the land access to areas designated under this Act by ‘‘(1) all forms of entry, appropriation, or was acquired, designated, or donated, includ- members of Indian Tribes for traditional cul- disposal under the public land laws; ing— tural and religious purposes, consistent with ‘‘(2) location, entry, and patent under the ‘‘(1) disposal; applicable law, including Public Law 95–341 mining laws; and ‘‘(2) rights-of-way; (commonly known as the ‘American Indian ‘‘(3) right-of-way leasing and disposition ‘‘(3) leases; Religious Freedom Act’) (42 U.S.C. 1996). under all laws relating to minerals or solar, ‘‘(4) livestock grazing; ‘‘(b) TEMPORARY CLOSURE.— wind, or geothermal energy.’’. ‘‘(5) infrastructure development, except as ‘‘(1) IN GENERAL.—In accordance with appli- cable law, including Public Law 95–341 (com- SEC. 1455. RELEASE OF FEDERAL REVERSIONARY provided in subsection (c); LAND INTERESTS. ‘‘(6) mineral entry; and monly known as the ‘American Indian Reli- gious Freedom Act’) (42 U.S.C. 1996), and sub- (a) DEFINITIONS.—In this section: ‘‘(7) off-highway vehicle use, except on— ject to paragraph (2), the Secretary, on re- (1) 1932 ACT.—The term ‘‘1932 Act’’ means ‘‘(A) designated routes; quest of an Indian Tribe or Indian religious the Act of June 18, 1932 (47 Stat. 324, chapter ‘‘(B) off-highway vehicle areas designated community, shall temporarily close to gen- 270). by law; and eral public use any portion of an area des- (2) DISTRICT.—The term ‘‘District’’ means ‘‘(C) administratively designated open ignated as a national monument, special the Metropolitan Water District of Southern areas. management area, wild and scenic river, California. ‘‘(c) EXCEPTIONS.— area of critical environmental concern, or (b) RELEASE.—Subject to valid existing ‘‘(1) AUTHORIZATION BY SECRETARY.—Sub- National Park System unit under this Act claims perfected prior to the effective date of ject to paragraph (2), the Secretary may au- (referred to in this subsection as a ‘des- the 1932 Act and the reservation of minerals thorize limited exceptions to prohibited uses ignated area’) to protect the privacy of tradi- set forth in the 1932 Act, the Secretary shall of acquired land or donated land in the Con- tional cultural and religious activities in the release, convey, or otherwise quitclaim to servation Area if— designated area by members of the Indian the District, in a form recordable in local ‘‘(A) a right-of-way application for a re- Tribe or Indian religious community. county records, and subject to the approval newable energy development project or asso- ‘‘(2) LIMITATION.—In closing a portion of a of the District, after consultation and with- ciated energy transport facility on acquired designated area under paragraph (1), the Sec- out monetary consideration, all right, title, land or donated land was submitted to the retary shall limit the closure to the smallest and remaining interest of the United States Bureau of Land Management on or before practicable area for the minimum period in and to the land that was conveyed to the December 1, 2009; or necessary for the traditional cultural and re- District pursuant to the 1932 Act or any ‘‘(B) after the completion and consider- ligious activities.’’; and other law authorizing conveyance subject to ation of an analysis under the National Envi- (3) by adding at the end the following: restrictions or reversionary interests re- ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(d) TRIBAL CULTURAL RESOURCES MANAGE- tained by the United States, on request by et seq.), the Secretary has determined that MENT PLAN.— the District. proposed use is in the public interest. ‘‘(1) IN GENERAL.—Not later than 2 years (c) TERMS AND CONDITIONS.—A conveyance ‘‘(2) CONDITIONS.— after the date of enactment of the Natural authorized by subsection (b) shall be subject ‘‘(A) IN GENERAL.—If the Secretary grants Resources Management Act, the Secretary to the following terms and conditions: an exception to the prohibition under para- shall develop and implement a Tribal cul- (1) The District shall cover, or reimburse graph (1), the Secretary shall require the tural resources management plan to iden- the Secretary for, the costs incurred by the permittee to donate private land of com- tify, protect, and conserve cultural resources Secretary to make the conveyance, includ- parable value located within the Conserva- of Indian Tribes associated with the Xam ing title searches, surveys, deed preparation, tion Area to the United States to mitigate Kwatchan Trail network extending from attorneys’ fees, and similar expenses. the use. Avikwaame (Spirit Mountain, Nevada) to (2) By accepting the conveyances, the Dis- ‘‘(B) APPROVAL.—The private land to be do- Avikwlal (Pilot Knob, California). trict agrees to indemnify and hold harmless nated under subparagraph (A) shall be ap- ‘‘(2) CONSULTATION.—The Secretary shall the United States with regard to any bound- proved by the Secretary after— consult on the development and implementa- ary dispute relating to any parcel conveyed ‘‘(i) consultation, to the maximum extent tion of the Tribal cultural resources manage- under this section. practicable, with the donor of the private ment plan under paragraph (1) with— land proposed for nonconservation uses; and ‘‘(A) each of— SEC. 1456. CALIFORNIA STATE SCHOOL LAND. ‘‘(ii) an opportunity for public comment re- ‘‘(i) the Chemehuevi Indian Tribe; Section 707 of the California Desert Protec- garding the donation. ‘‘(ii) the Hualapai Tribal Nation; tion Act of 1994 (16 U.S.C. 410aaa–77) is ‘‘(d) EXISTING AGREEMENTS.—Nothing in ‘‘(iii) the Fort Mojave Indian Tribe; amended— this section affects permitted or prohibited ‘‘(iv) the Colorado River Indian Tribes; (1) in subsection (a)— uses of donated land or acquired land in the ‘‘(v) the Quechan Indian Tribe; and (A) in the first sentence— Conservation Area established in any ease- ‘‘(vi) the Cocopah Indian Tribe; (i) by striking ‘‘Upon request of the Cali- ments, deed restrictions, memoranda of un- ‘‘(B) the Advisory Council on Historic fornia State Lands Commission (hereinafter derstanding, or other agreements in exist- Preservation; and in this section referred to as the ‘Commis- ence on the date of enactment of this sec- ‘‘(C) the State Historic Preservation Of- sion’), the Secretary shall enter into nego- tion. fices of Nevada, Arizona, and California. tiations for an agreement’’ and inserting the ‘‘(e) DEED RESTRICTIONS.—Effective begin- ‘‘(3) RESOURCE PROTECTION.—The Tribal following: ning on the date of enactment of this sec- cultural resources management plan devel- ‘‘(1) IN GENERAL.—The Secretary shall ne- tion, within the Conservation Area, the Sec- oped under paragraph (1) shall— gotiate in good faith to reach an agreement retary may— ‘‘(A) be based on a completed Tribal cul- with the California State Lands Commission ‘‘(1) accept deed restrictions requested by tural resources survey; and (referred to in this section as the ‘Commis- landowners for land donated to, or otherwise ‘‘(B) include procedures for identifying, sion’)’’; and acquired by, the United States; and protecting, and preserving petroglyphs, an- (ii) by inserting ‘‘, national monuments, ‘‘(2) consistent with existing rights, create cient trails, intaglios, sleeping circles, arti- off-highway vehicle recreation areas,’’ after deed restrictions, easements, or other third- facts, and other resources of cultural, ar- ‘‘more of the wilderness areas’’; and party rights relating to any public land de- chaeological, or historical significance in ac- (B) in the second sentence, by striking termined by the Secretary to be necessary— cordance with all applicable laws and poli- ‘‘The Secretary shall negotiate in good faith ‘‘(A) to fulfill the mitigation requirements cies, including— to’’ and inserting the following: resulting from the development of renewable ‘‘(i) chapter 2003 of title 54, United States ‘‘(2) AGREEMENT.—To the maximum extent resources; or Code; practicable, not later than 10 years after the ‘‘(B) to satisfy the conditions of— ‘‘(ii) Public Law 95–341 (commonly known date of enactment of this title, the Secretary ‘‘(i) a habitat conservation plan or general as the ‘American Indian Religious Freedom shall’’; and conservation plan established pursuant to Act’) (42 U.S.C. 1996); (2) in subsection (b)(1), by inserting ‘‘, na- section 10 of the Endangered Species Act of ‘‘(iii) the Archaeological Resources Protec- tional monuments, off-highway vehicle 1973 (16 U.S.C. 1539); or tion Act of 1979 (16 U.S.C. 470aa et seq.); recreation areas,’’ after ‘‘wilderness areas’’. ‘‘(ii) a natural communities conservation ‘‘(iv) the Native American Graves Protec- SEC. 1457. DESIGNATION OF WILD AND SCENIC plan approved by the State.’’. tion and Repatriation Act (25 U.S.C. 3001 et RIVERS. SEC. 1454. TRIBAL USES AND INTERESTS. seq.); and (a) AMARGOSA RIVER, CALIFORNIA.—Section Section 705 of the California Desert Protec- ‘‘(v) Public Law 103–141 (commonly known 3(a)(196)(A) of the Wild and Scenic Rivers Act tion Act is 1994 (16 U.S.C. 410aaa–75) is as the ‘Religious Freedom Restoration Act of (16 U.S.C. 1274(a)(196)(A)) is amended to read amended— 1993’) (42 U.S.C. 2000bb et seq.). as follows:

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Bernardino Meridian, to the section line be- (3) by adding at the end the following: (b) ADDITIONAL SEGMENTS.—Section 3(a) of tween sections 33 and 34, T. 1 S., R. 2 E., San ‘‘(d) DEPARTMENT OF DEFENSE FACILITIES.— the Wild and Scenic Rivers Act (16 U.S.C. Bernardino Meridian, as a recreational river. Nothing in this Act alters any authority of 1274(a)) (as amended by section 1303(a)) is ‘‘(E) The 4.9-mile segment of the South the Secretary of Defense to conduct military amended by adding at the end the following: Fork Whitewater River from the section line operations at installations and ranges within ‘‘(228) SURPRISE CANYON CREEK, CALI- between sections 33 and 34, T. 1 S., R. 2 E., the California Desert Conservation Area that FORNIA.— San Bernardino Meridian, to the confluence are authorized under any other provision of ‘‘(A) IN GENERAL.—The following segments with the Middle Fork, as a wild river. law.’’. of Surprise Canyon Creek in the State of ‘‘(F) The 5.4-mile segment of the main SEC. 1461. DESERT TORTOISE CONSERVATION California, to be administered by the Sec- stem of the Whitewater River from the con- CENTER. retary of the Interior: fluence of the South and Middle Forks to the (a) IN GENERAL.—The Secretary shall es- ‘‘(i) The approximately 5.3 miles of Sur- San Gorgonio Wilderness boundary, as a wild tablish, operate, and maintain a trans-State prise Canyon Creek from the confluence of river. desert tortoise conservation center (referred Frenchman’s Canyon and Water Canyon to ‘‘(G) The 3.6-mile segment of the main to in this section as the ‘‘Center’’) on public 100 feet upstream of Chris Wicht Camp, as a stem of the Whitewater River from the San land along the California-Nevada border— wild river. Gorgonio Wilderness boundary to .25 miles (1) to support desert tortoise research, dis- ‘‘(ii) The approximately 1.8 miles of Sur- upstream of the southern boundary of sec- ease monitoring, handling training, rehabili- prise Canyon Creek from 100 feet upstream of tion 35, T. 2 S., R. 3 E., San Bernardino Me- tation, and reintroduction; Chris Wicht Camp to the southern boundary ridian, as a recreational river.’’. (2) to provide temporary quarters for ani- of sec. 14, T. 21 S., R. 44 E., as a recreational mals collected from authorized salvage from river. SEC. 1458. CONFORMING AMENDMENTS. (a) SHORT TITLE.—Section 1 of the Cali- renewable energy sites; and ‘‘(B) EFFECT ON HISTORIC MINING STRUC- fornia Desert Protection Act of 1994 (16 (3) to ensure the full recovery and ongoing TURES.—Nothing in this paragraph affects survival of the species. the historic mining structures associated U.S.C. 410aaa note; Public Law 103–433) is amended by striking ‘‘1 and 2, and titles I (b) CENTER.—In carrying out this section, with the former Panamint Mining District. the Secretary shall— ‘‘(229) DEEP CREEK, CALIFORNIA.— through IX’’ and inserting ‘‘1, 2, and 3, titles I through IX, and titles XIII and XIV’’. (1) seek the participation of or contract ‘‘(A) IN GENERAL.—The following segments with qualified organizations with expertise of Deep Creek in the State of California, to (b) DEFINITIONS.—The California Desert Protection Act of 1994 (Public Law 103–433; in desert tortoise disease research and expe- be administered by the Secretary of Agri- rience with desert tortoise translocation culture: 108 Stat. 4471) is amended by inserting after techniques, and scientific training of profes- ‘‘(i) The approximately 6.5-mile segment section 2 the following: sional biologists for handling tortoises, to from 0.125 mile downstream of the Rainbow ‘‘SEC. 3. DEFINITIONS. staff and manage the Center; Dam site in sec. 33, T. 2 N., R. 2 W., San ‘‘(a) TITLES I THROUGH IX.—In titles I (2) ensure that the Center engages in pub- Bernardino Meridian, to 0.25 miles upstream through IX, the term ‘this Act’ means only— lic outreach and education on tortoise han- of the Road 3N34 crossing, as a wild river. ‘‘(1) sections 1 and 2; and dling; and ‘‘(ii) The 0.5-mile segment from 0.25 mile ‘‘(2) titles I through IX. (3) consult with the State and the State of upstream of the Road 3N34 crossing to 0.25 ‘‘(b) TITLES XIII AND XIV.—In titles XIII Nevada to ensure that the Center is operated mile downstream of the Road 3N34 crossing, and XIV: consistent with State law. as a scenic river. ‘‘(1) CONSERVATION AREA.—The term ‘Con- (c) NON-FEDERAL CONTRIBUTIONS.—The Sec- ‘‘(iii) The 2.5-mile segment from 0.25 miles servation Area’ means the California Desert retary may accept and expend contributions downstream of the Road 3 N. 34 crossing to Conservation Area. of non-Federal funds to establish, operate, 0.25 miles upstream of the Trail 2W01 cross- ‘‘(2) SECRETARY.—The term ‘Secretary’ and maintain the Center. ing, as a wild river. means— ‘‘(iv) The 0.5-mile segment from 0.25 miles ‘‘(A) with respect to land under the juris- TITLE II—NATIONAL PARKS upstream of the Trail 2W01 crossing to 0.25 diction of the Secretary of the Interior, the Subtitle A—Special Resource Studies mile downstream of the Trail 2W01 crossing, Secretary of the Interior; and SEC. 2001. SPECIAL RESOURCE STUDY OF JAMES as a scenic river. ‘‘(B) with respect to land under the juris- K. POLK PRESIDENTIAL HOME. ‘‘(v) The 10-mile segment from 0.25 miles diction of the Secretary of Agriculture, the (a) DEFINITION OF STUDY AREA.—In this downstream of the Trail 2W01 crossing to the Secretary of Agriculture. section, the term ‘‘study area’’ means the upper limit of the Mojave dam flood zone in ‘‘(3) STATE.—The term ‘State’ means the President James K. Polk Home in Columbia, sec. 17, T. 3 N., R. 3 W., San Bernardino Me- State of California.’’. Tennessee, and adjacent property. ridian, as a wild river. SEC. 1459. JUNIPER FLATS. (b) SPECIAL RESOURCE STUDY.— ‘‘(vi) The 11-mile segment of Holcomb The California Desert Protection Act of (1) STUDY.—The Secretary shall conduct a Creek from 100 yards downstream of the 1994 is amended by striking section 711 (16 special resource study of the study area. Road 3N12 crossing to .25 miles downstream U.S.C. 410aaa–81) and inserting the following: (2) CONTENTS.—In conducting the study of Holcomb Crossing, as a recreational river. ‘‘SEC. 711. JUNIPER FLATS. under paragraph (1), the Secretary shall— ‘‘(vii) The 3.5-mile segment of the Holcomb ‘‘Development of renewable energy genera- (A) evaluate the national significance of Creek from 0.25 miles downstream of Hol- tion facilities (excluding rights-of-way or fa- the study area; comb Crossing to the Deep Creek confluence, cilities for the transmission of energy and (B) determine the suitability and feasi- as a wild river. telecommunication facilities and infrastruc- bility of designating the study area as a unit ‘‘(B) EFFECT ON SKI OPERATIONS.—Nothing ture) is prohibited on the approximately of the National Park System; in this paragraph affects— 27,990 acres of Federal land generally de- (C) consider other alternatives for preser- ‘‘(i) the operations of the Snow Valley Ski picted as ‘BLM Land Unavailable for Energy vation, protection, and interpretation of the Resort; or Development’ on the map entitled ‘Juniper study area by the Federal Government, ‘‘(ii) the State regulation of water rights Flats’ and dated November 7, 2018.’’. State or local government entities, or pri- and water quality associated with the oper- SEC. 1460. CONFORMING AMENDMENTS TO CALI- vate and nonprofit organizations; ation of the Snow Valley Ski Resort. FORNIA MILITARY LANDS WITH- (D) consult with interested Federal agen- ‘‘(230) WHITEWATER RIVER, CALIFORNIA.— DRAWAL AND OVERFLIGHTS ACT OF cies, State or local governmental entities, The following segments of the Whitewater 1994. private and nonprofit organizations, or any River in the State of California, to be admin- (a) FINDINGS.—Section 801(b)(2) of the Cali- other interested individuals; and istered by the Secretary of Agriculture and fornia Military Lands Withdrawal and Over- (E) identify cost estimates for any Federal the Secretary of the Interior, acting jointly: flights Act of 1994 (16 U.S.C. 410aaa–82 note; acquisition, development, interpretation, op- ‘‘(A) The 5.8-mile segment of the North Public Law 103–433) is amended by inserting eration, and maintenance associated with Fork Whitewater River from the source of ‘‘, special management areas, off-highway the alternatives. the River near Mt. San Gorgonio to the con- vehicle recreation areas, scenic areas,’’ be- (3) APPLICABLE LAW.—The study required fluence with the Middle Fork, as a wild river. fore ‘‘and wilderness areas’’. under paragraph (1) shall be conducted in ac- ‘‘(B) The 6.4-mile segment of the Middle (b) OVERFLIGHTS; SPECIAL AIRSPACE.—Sec- cordance with section 100507 of title 54, Fork Whitewater River from the source of tion 802 of the California Military Lands United States Code. the River to the confluence with the South Withdrawal and Overflights Act of 1994 (16 (4) REPORT.—Not later than 3 years after Fork, as a wild river. U.S.C. 410aaa–82) is amended— the date on which funds are first made avail- ‘‘(C) The 1-mile segment of the South Fork (1) in subsection (a), by inserting ‘‘, scenic able for the study under paragraph (1), the Whitewater River from the confluence of the areas, off-highway vehicle recreation areas, Secretary shall submit to the Committee on

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Energy and Natural Resources of the Senate (3) APPLICABLE LAW.—The study required private and nonprofit organizations, or any and the Committee on Natural Resources of under paragraph (1) shall be conducted in ac- other interested individuals; and the House of Representatives a report that cordance with section 100507 of title 54, (E) identify cost estimates for any Federal describes— United States Code. acquisition, development, interpretation, op- (A) the results of the study; and (4) REPORT.—Not later than 3 years after eration, and maintenance associated with (B) any conclusions and recommendations the date on which funds are first made avail- the alternatives. of the Secretary. able for the study under paragraph (1), the (3) APPLICABLE LAW.—The study required SEC. 2002. SPECIAL RESOURCE STUDY OF Secretary shall submit to the Committee on under paragraph (1) shall be conducted in ac- THURGOOD MARSHALL SCHOOL. Natural Resources of the House of Rep- cordance with section 100507 of title 54, (a) DEFINITION OF STUDY AREA.—In this resentatives and the Committee on Energy United States Code. section, the term ‘‘study area’’ means— and Natural Resources of the Senate a report (4) REPORT.—Not later than 3 years after (1) P.S. 103, the public school located in that describes— the date on which funds are first made avail- West Baltimore, Maryland, which Thurgood (A) the results of the study; and able for the study under paragraph (1), the Marshall attended as a youth; and (B) any conclusions and recommendations Secretary shall submit to the Committee on (2) any other resources in the neighborhood of the Secretary. Energy and Natural Resources of the Senate surrounding P.S. 103 that relate to the early SEC. 2004. AMACHE SPECIAL RESOURCE STUDY. and the Committee on Natural Resources of life of Thurgood Marshall. (a) DEFINITION OF STUDY AREA.—In this the House of Representatives a report that (b) SPECIAL RESOURCE STUDY.— section, the term ‘‘study area’’ means the describes— (1) STUDY.—The Secretary shall conduct a (A) the results of the study; and special resource study of the study area. site known as ‘‘Amache’’, ‘‘Camp Amache’’, and ‘‘Granada Relocation Center’’ in Gra- (B) any conclusions and recommendations (2) CONTENTS.—In conducting the study of the Secretary. under paragraph (1), the Secretary shall— nada, Colorado, which was 1 of the 10 reloca- (A) evaluate the national significance of tion centers where Japanese Americans were Subtitle B—National Park System Boundary the study area; incarcerated during World War II. Adjustments and Related Matters (B) determine the suitability and feasi- (b) SPECIAL RESOURCE STUDY.— SEC. 2101. SHILOH NATIONAL MILITARY PARK bility of designating the study area as a unit (1) IN GENERAL.—The Secretary shall con- BOUNDARY ADJUSTMENT. of the National Park System; duct a special resource study of the study (a) DEFINITIONS.—In this section: (C) consider other alternatives for preser- area. (1) AFFILIATED AREA.—The term ‘‘affiliated vation, protection, and interpretation of the (2) CONTENTS.—In conducting the study area’’ means the Parker’s Crossroads Battle- study area by the Federal Government, under paragraph (1), the Secretary shall— field established as an affiliated area of the State or local government entities, or pri- (A) evaluate the national significance of National Park System by subsection (c)(1). vate and nonprofit organizations; the study area; (2) PARK.—The term ‘‘Park’’ means Shiloh (D) consult with interested Federal agen- (B) determine the suitability and feasi- National Military Park, a unit of the Na- cies, State or local governmental entities, bility of designating the study area as a unit tional Park System. private and nonprofit organizations, or any of the National Park System; (b) AREAS TO BE ADDED TO SHILOH NA- other interested individuals; and (C) consider other alternatives for preser- TIONAL MILITARY PARK.— (E) identify cost estimates for any Federal vation, protection, and interpretation of the (1) ADDITIONAL AREAS.—The boundary of acquisition, development, interpretation, op- study area by the Federal Government, the Park is modified to include the areas eration, and maintenance associated with State or local government entities, or pri- that are generally depicted on the map enti- the alternatives. vate and nonprofit organizations; tled ‘‘Shiloh National Military Park, Pro- (3) APPLICABLE LAW.—The study required (D) consult with interested Federal agen- posed Boundary Adjustment’’, numbered 304/ under paragraph (1) shall be conducted in ac- cies, State or local governmental entities, 80,011, and dated July 2014, and which are cordance with section 100507 of title 54, private and nonprofit organizations, or any comprised of the following: United States Code. other interested individuals; and (A) Fallen Timbers Battlefield. (4) REPORT.—Not later than 3 years after (E) identify cost estimates for any Federal (B) Russell House Battlefield. the date on which funds are first made avail- acquisition, development, interpretation, op- (C) Davis Bridge Battlefield. able to carry out the study under paragraph eration, and maintenance associated with (2) ACQUISITION AUTHORITY.—The Secretary (1), the Secretary shall submit to the Com- the alternatives described in subparagraphs may acquire the land described in paragraph mittee on Natural Resources of the House of (B) and (C). (1) by donation, purchase from willing sellers Representatives and the Committee on En- (3) APPLICABLE LAW.—The study required with donated or appropriated funds, or ex- ergy and Natural Resources of the Senate a under paragraph (1) shall be conducted in ac- change. report that describes— cordance with section 100507 of title 54, (3) ADMINISTRATION.—Any land acquired (A) the results of the study; and United States Code. under this subsection shall be administered (B) any conclusions and recommendations (4) REPORT.—Not later than 3 years after as part of the Park. of the Secretary. the date on which funds are first made avail- (c) ESTABLISHMENT OF AFFILIATED AREA.— able to carry out the study under paragraph (1) IN GENERAL.—Parker’s Crossroads Bat- SEC. 2003. SPECIAL RESOURCE STUDY OF PRESI- DENT STREET STATION. (1), the Secretary shall submit to the Com- tlefield in the State of Tennessee is estab- (a) DEFINITION OF STUDY AREA.—In this mittee on Natural Resources of the House of lished as an affiliated area of the National section, the term ‘‘study area’’ means the Representatives and the Committee on En- Park System. President Street Station, a railroad terminal ergy and Natural Resources of the Senate a (2) DESCRIPTION OF AFFILIATED AREA.—The in Baltimore, Maryland, the history of which report that describes— affiliated area shall consist of the area gen- is tied to the growth of the railroad industry (A) the results of the study; and erally depicted within the ‘‘Proposed Bound- in the 19th century, the Civil War, the Un- (B) any conclusions and recommendations ary’’ on the map entitled ‘‘Parker’s Cross- derground Railroad, and the immigrant in- of the Secretary. roads Battlefield, Proposed Boundary’’, num- flux of the early 20th century. SEC. 2005. SPECIAL RESOURCE STUDY OF bered 903/80,073, and dated July 2014. (b) SPECIAL RESOURCE STUDY.— GEORGE W. BUSH CHILDHOOD (3) ADMINISTRATION.—The affiliated area (1) STUDY.—The Secretary shall conduct a HOME. shall be managed in accordance with— special resource study of the study area. (a) DEFINITION OF STUDY AREA.—In this (A) this section; and (2) CONTENTS.—In conducting the study section, the term ‘‘study area’’ means the (B) any law generally applicable to units of under paragraph (1), the Secretary shall— George W. Bush Childhood Home, located at the National Park System. (A) evaluate the national significance of 1412 West Ohio Avenue, Midland, Texas. (4) MANAGEMENT ENTITY.—The City of the study area; (b) SPECIAL RESOURCE STUDY.— Parkers Crossroads and the Tennessee His- (B) determine the suitability and feasi- (1) STUDY.—The Secretary shall conduct a torical Commission shall jointly be the man- bility of designating the study area as a unit special resource study of the study area. agement entity for the affiliated area. of the National Park System; (2) CONTENTS.—In conducting the study (5) COOPERATIVE AGREEMENTS.—The Sec- (C) consider other alternatives for preser- under paragraph (1), the Secretary shall— retary may provide technical assistance and vation, protection, and interpretation of the (A) evaluate the national significance of enter into cooperative agreements with the study area by the Federal Government, the study area; management entity for the purpose of pro- State or local government entities, or pri- (B) determine the suitability and feasi- viding financial assistance for the mar- vate and nonprofit organizations; bility of designating the study area as a unit keting, marking, interpretation, and preser- (D) consult with interested Federal agen- of the National Park System; vation of the affiliated area. cies, State or local governmental entities, (C) consider other alternatives for preser- (6) LIMITED ROLE OF THE SECRETARY.—Noth- private and nonprofit organizations, or any vation, protection, and interpretation of the ing in this section authorizes the Secretary other interested individuals; and study area by the Federal Government, to acquire property at the affiliated area or (E) identify cost estimates for any Federal State or local government entities, or pri- to assume overall financial responsibility for acquisition, development, interpretation, op- vate and nonprofit organizations; the operation, maintenance, or management eration, and maintenance associated with (D) consult with interested Federal agen- of the affiliated area. the alternatives. cies, State or local governmental entities, (7) GENERAL MANAGEMENT PLAN.—

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(A) IN GENERAL.—The Secretary, in con- (E) identify cost estimates for any Federal (B) by striking the proviso; and sultation with the management entity, shall acquisition, development, interpretation, op- (2) in section 2— develop a general management plan for the eration, and maintenance associated with (A) by striking ‘‘SEC. 2. When’’ and insert- affiliated area in accordance with section the alternatives. ing the following: 100502 of title 54, United States Code. (3) APPLICABLE LAW.—The study required ‘‘SEC. 2. ESTABLISHMENT. (B) TRANSMITTAL.—Not later than 3 years under paragraph (1) shall be conducted in ac- ‘‘(a) IN GENERAL.—When’’; and after the date on which funds are made avail- cordance with section 100507 of title 54, (B) by adding at the end the following: able to carry out this section, the Secretary United States Code. ‘‘(b) BOUNDARY MODIFICATION.—The bound- shall submit to the Committee on Natural (4) REPORT.—Not later than 3 years after ary of the Fort Scott National Historic Site Resources of the House of Representatives the date on which funds are first made avail- established under subsection (a) is modified and the Committee on Energy and Natural able to carry out the study under paragraph as generally depicted on the map referred to Resources of the Senate the general manage- (1), the Secretary shall submit to the Com- as ‘Fort Scott National Historic Site Pro- ment plan developed under subparagraph (A). mittee on Natural Resources of the House of posed Boundary Modification’, numbered 471/ SEC. 2102. OCMULGEE MOUNDS NATIONAL HIS- Representatives and the Committee on En- 80,057, and dated February 2016.’’. TORICAL PARK BOUNDARY. ergy and Natural Resources of the Senate a SEC. 2106. FLORISSANT FOSSIL BEDS NATIONAL (a) DEFINITIONS.—In this section: report that describes— MONUMENT BOUNDARY. (1) HISTORICAL PARK.—The term ‘‘Histor- (A) the results of the study; and The first section of Public Law 91–60 (83 ical Park’’ means the Ocmulgee Mounds Na- (B) any conclusions and recommendations Stat. 101) is amended— tional Historical Park in the State of Geor- of the Secretary. (1) by striking ‘‘entitled ‘Proposed gia, as redesignated by subsection(b)(1)(A). Florissant Fossil Beds National Monument’, SEC. 2103. KENNESAW MOUNTAIN NATIONAL BAT- numbered NM–FFB–7100, and dated March (2) MAP.—The term ‘‘map’’ means the map TLEFIELD PARK BOUNDARY. entitled ‘‘Ocmulgee National Monument Pro- 1967, and more particularly described by (a) DEFINITIONS.—In this section: posed Boundary Adjustment’’, numbered 363/ metes and bounds in an attachment to that (1) MAP.—The term ‘‘map’’ means the map map,’’ and inserting ‘‘entitled ‘Florissant 125996, and dated January 2016. entitled ‘‘Kennesaw Mountain National Bat- Fossil Beds National Monument Proposed (3) STUDY AREA.—The term ‘‘study area’’ tlefield Park, Proposed Boundary Adjust- means the Ocmulgee River corridor between Boundary Adjustment’, numbered 171/132,544, ment’’, numbered 325/80,020, and dated Feb- the cities of Macon, Georgia, and and dated May 3, 2016,’’; and ruary 2010. Hawkinsville, Georgia. (2) by striking ‘‘six thousand acres’’ and in- (2) PARK.—The term ‘‘Park’’ means the (b) OCMULGEE MOUNDS NATIONAL HISTOR- serting ‘‘6,300 acres’’. Kennesaw Mountain National Battlefield ICAL PARK.— SEC. 2107. VOYAGEURS NATIONAL PARK BOUND- Park. (1) REDESIGNATION.— ARY ADJUSTMENT. (b) KENNESAW MOUNTAIN NATIONAL BATTLE- (A) IN GENERAL.—The Ocmulgee National (a) BOUNDARIES.— Monument, established pursuant to the Act FIELD PARK BOUNDARY ADJUSTMENT.— (1) IN GENERAL.—Section 102(a) of Public of June 14, 1934 (48 Stat. 958, chapter 519), (1) BOUNDARY ADJUSTMENT.—The boundary Law 91–661 (16 U.S.C. 160a–1(a)) is amended— shall be known and designated as the of the Park is modified to include the ap- (A) in the first sentence, by striking ‘‘the ‘‘Ocmulgee Mounds National Historical proximately 8 acres of land or interests in drawing entitled’’ and all that follows Park’’. land identified as ‘‘Wallis House and through ‘‘February 1969’’ and inserting ‘‘the (B) REFERENCES.—Any reference in a law, Harriston Hill’’, as generally depicted on the map entitled ‘Voyageurs National Park, Pro- map, regulation, document, paper, or other map. posed Land Transfer & Boundary Adjust- record of the United States to the (2) MAP.—The map shall be on file and ment’, numbered 172/80,056, and dated June ‘‘Ocmulgee National Monument’’ shall be available for inspection in the appropriate 2009 (22 sheets)’’; and deemed to be a reference to the ‘‘Ocmulgee offices of the National Park Service. (B) in the second and third sentences, by Mounds National Historical Park’’. (3) LAND ACQUISITION.—The Secretary may striking ‘‘drawing’’ each place it appears and (2) BOUNDARY ADJUSTMENT.— acquire land or interests in land described in inserting ‘‘map’’. (A) IN GENERAL.—The boundary of the His- paragraph (1) by donation, purchase from (2) TECHNICAL CORRECTIONS.—Section torical Park is revised to include approxi- willing sellers, or exchange. 102(b)(2)(A) of Public Law 91–661 (16 U.S.C. mately 2,100 acres of land, as generally de- (4) ADMINISTRATION OF ACQUIRED LAND.— 160a–1(b)(2)(A)) is amended— picted on the map. The Secretary shall administer land and in- (A) by striking ‘‘paragraph (1)(C) and (D)’’ (B) AVAILABILITY OF MAP.—The map shall terests in land acquired under this section as and inserting ‘‘subparagraphs (C) and (D) of be on file and available for public inspection part of the Park in accordance with applica- paragraph (1)’’; and in the appropriate offices of the National ble laws (including regulations). (B) in the second proviso, by striking Park Service. SEC. 2104. FORT FREDERICA NATIONAL MONU- ‘‘paragraph 1(E)’’ and inserting ‘‘paragraph (3) LAND ACQUISITION.— MENT, GEORGIA. (1)(E)’’. (A) IN GENERAL.—The Secretary may ac- (a) MAXIMUM ACREAGE.—The first section (b) LAND ACQUISITIONS.—Section 201 of quire land and interests in land within the of the Act of May 26, 1936 (16 U.S.C. 433g), is Public Law 91–661 (16 U.S.C. 160b) is amend- boundaries of the Historical Park by dona- amended by striking ‘‘two hundred and fifty ed— tion, purchase from a willing seller with do- acres’’ and inserting ‘‘305 acres’’. (1) by striking the section designation and nated or appropriated funds, or exchange. (b) BOUNDARY EXPANSION.— heading and all that follows through ‘‘(a) (B) LIMITATION.—The Secretary may not (1) IN GENERAL.—The boundary of the Fort The Secretary’’ and inserting the following: acquire by condemnation any land or inter- Frederica National Monument in the State ‘‘SEC. 201. LAND ACQUISITIONS. est in land within the boundaries of the His- of Georgia is modified to include the land ‘‘(a) AUTHORIZATION.— torical Park. generally depicted as ‘‘Proposed Acquisition ‘‘(1) IN GENERAL.—The Secretary’’; (4) ADMINISTRATION.—The Secretary shall Areas’’ on the map entitled ‘‘Fort Frederica (2) in subsection (a)— administer any land acquired under para- National Monument Proposed Boundary Ex- (A) in the second sentence, by striking graph (3) as part of the Historical Park in ac- pansion’’, numbered 369/132,469, and dated ‘‘When any tract of land is only partly with- cordance with applicable laws (including reg- April 2016. in such boundaries’’ and inserting the fol- ulations). (2) AVAILABILITY OF MAP.—The map de- lowing: (c) OCMULGEE RIVER CORRIDOR SPECIAL RE- scribed in paragraph (1) shall be on file and ‘‘(2) CERTAIN PORTIONS OF TRACTS.— SOURCE STUDY.— available for public inspection in the appro- ‘‘(A) IN GENERAL.—In any case in which (1) IN GENERAL.—The Secretary shall con- priate offices of the National Park Service. only a portion of a tract of land is within the duct a special resource study of the study (3) ACQUISITION OF LAND.—The Secretary boundaries of the park’’; area. may acquire the land and interests in land (B) in the third sentence, by striking (2) CONTENTS.—In conducting the study described in paragraph (1) by donation or ‘‘Land so acquired’’ and inserting the fol- under paragraph (1), the Secretary shall— purchase with donated or appropriated funds lowing: (A) evaluate the national significance of from willing sellers only. ‘‘(B) EXCHANGE.— the study area; (4) NO USE OF CONDEMNATION OR EMINENT ‘‘(i) IN GENERAL.—Any land acquired pursu- (B) determine the suitability and feasi- DOMAIN.—The Secretary may not acquire by ant to subparagraph (A)’’; bility of designating the study area as a unit condemnation or eminent domain any land (C) in the fourth sentence, by striking of the National Park System; or interests in land under this section or for ‘‘Any portion’’ and inserting the following: (C) consider other alternatives for preser- the purposes of this section. ‘‘(ii) PORTIONS NOT EXCHANGED.—Any por- vation, protection, and interpretation of the SEC. 2105. FORT SCOTT NATIONAL HISTORIC SITE tion’’; study area by the Federal Government, BOUNDARY. (D) in the fifth sentence, by striking ‘‘Any State or local government entities, or pri- Public Law 95–484 (92 Stat. 1610) is amend- Federal property’’ and inserting the fol- vate and nonprofit organizations; ed— lowing: (D) consult with interested Federal agen- (1) in the first section— ‘‘(C) TRANSFERS OF FEDERAL PROPERTY.— cies, State or local governmental entities, (A) by inserting ‘‘, by purchase with appro- Any Federal property’’; and private and nonprofit organizations, or any priated funds, or by exchange’’ after ‘‘dona- (E) by striking the last sentence and in- other interested individuals; and tion’’; and serting the following:

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‘‘(D) ADMINISTRATIVE JURISDICTION.—Effec- to the permanent boundaries of the Park (in- (d) REPEAL OF CERTAIN PROVISIONS RELAT- tive beginning on the date of enactment of cluding any property of the Park located ING TO ACADIA NATIONAL PARK.—The fol- this subparagraph, there is transferred to the within the Schoodic Peninsula and Isle Au lowing are repealed: National Park Service administrative juris- Haut districts) to resolve issues resulting (1) Section 3 of the Act of February 26, 1919 diction over— from causes such as survey error or changed (40 Stat. 1178, chapter 45). ‘‘(i) any land managed by the Bureau of road alignments; and (2) The first section of the Act of January Land Management within the boundaries of ‘‘(B) such limited boundary revisions as 19, 1929 (45 Stat. 1083, chapter 77). the park, as depicted on the map described in the Secretary determines to be appropriate (e) MODIFICATION OF USE RESTRICTION.— section 102(a); and to the permanent boundaries of the Park to The Act of August 1, 1950 (64 Stat. 383, chap- ‘‘(ii) any additional public land identified take into account acquisitions or losses, by ter 511), is amended— by the Bureau of Land Management as ap- exchange, donation, or purchase from willing (1) by striking ‘‘That the Secretary’’ and propriate for transfer within the boundaries sellers using donated or appropriated funds, inserting the following: of the park. of land adjacent to or within the Park, re- ‘‘SECTION 1. CONVEYANCE OF LAND IN ACADIA ‘‘(E) LAND OWNED BY STATE.— spectively, in any case in which the total NATIONAL PARK. ‘‘(i) DONATIONS AND EXCHANGES.—Any land acreage of the land to be so acquired or lost ‘‘The Secretary’’; and located within or adjacent to the boundaries is less than 10 acres, subject to the condition (2) by striking ‘‘for school purposes’’ and of the park that is owned by the State of that— inserting ‘‘for public purposes, subject to the Minnesota (or a political subdivision of the ‘‘(i) any such boundary revision shall not conditions that use of the land shall not de- State) may be acquired by the Secretary be a part of a more-comprehensive boundary grade or adversely impact the resources or only through donation or exchange. revision; and values of Acadia National Park and that the ‘‘(ii) REVISION.—On completion of an acqui- ‘‘(ii) all such boundary revisions, consid- land shall remain in public ownership for sition from the State under clause (i), the ered collectively with any technical bound- recreational, educational, or similar public Secretary shall revise the boundaries of the ary revisions made pursuant to subparagraph purposes’’. park to reflect the acquisition.’’; and (A), do not increase the size of the Park by (f) CONTINUATION OF CERTAIN TRADITIONAL (3) in subsection (b), by striking ‘‘(b) In ex- more than a total of 100 acres, as compared USES.—Title I of Public Law 99–420 (16 U.S.C. ercising his’’ and inserting the following: to the size of the Park on the date of enact- 341 note) is amended by adding at the end the ‘‘(b) OFFERS BY INDIVIDUALS.—In exercising ment of this paragraph.’’. following: the’’. (b) LIMITATION ON ACQUISITIONS OF LAND ‘‘SEC. 109. CONTINUATION OF CERTAIN TRADI- SEC. 2108. ACADIA NATIONAL PARK BOUNDARY. FOR ACADIA NATIONAL PARK.—Section 102 of TIONAL USES. (a) BOUNDARY CLARIFICATION.—Section 101 Public Law 99–420 (16 U.S.C. 341 note) is ‘‘(a) DEFINITIONS.—In this section: of Public Law 99–420 (16 U.S.C. 341 note) is amended— ‘‘(1) LAND WITHIN THE PARK.—The term amended— (1) in subsection (a), in the matter pre- ‘land within the Park’ means land owned or (1) in the first sentence, by striking ‘‘In ceding paragraph (1), by striking ‘‘of the In- controlled by the United States— order to’’ and inserting the following: terior (hereinafter in this title referred to as ‘‘(A) that is within the boundary of the ‘‘(a) BOUNDARIES.—Subject to subsections ‘the Secretary’)’’; Park established by section 101; or (b) and (c)(2), to’’; (2) in subsection (d)(1), in the first sen- ‘‘(B)(i) that is outside the boundary of the (2) in the second sentence— tence, by striking ‘‘the the’’ and inserting Park; and (A) by striking ‘‘The map shall be on file’’ ‘‘the’’; ‘‘(ii) in which the Secretary has or acquires and inserting the following: (3) in subsection (k)— a property interest or conservation easement ‘‘(c) AVAILABILITY AND REVISIONS OF (A) by redesignating the subsection as pursuant to this title. MAPS.— paragraph (4) and indenting the paragraph ‘‘(2) MARINE SPECIES; MARINE WORM; SHELL- ‘‘(1) AVAILABILITY.—The map, together appropriately; and FISH.—The terms ‘marine species’, ‘marine with the map described in subsection (b)(1) (B) by moving the paragraph so as to ap- worm’, and ‘shellfish’ have the meanings and any revised boundary map published pear at the end of subsection (b); and given those terms in section 6001 of title 12 of under paragraph (2), if applicable, shall be— (4) by adding at the end the following: the Maine Revised Statutes (as in effect on ‘‘(A) on file’’; and ‘‘(k) REQUIREMENTS.—Before revising the the date of enactment of this section). (B) by striking ‘‘Interior, and it shall be boundaries of the Park pursuant to this sec- ‘‘(3) STATE LAW.—The term ‘State law’ made’’ and inserting the following: ‘‘Interior; tion or section 101(c)(2)(B), the Secretary means the law (including regulations) of the and shall— State of Maine, including the common law. ‘‘(B) made’’; ‘‘(1) certify that the proposed boundary re- ‘‘(4) TAKING.—The term ‘taking’ means the (3) by inserting after subsection (a) (as des- vision will contribute to, and is necessary removal or attempted removal of a marine ignated by paragraph (1)) the following: for, the proper preservation, protection, in- species, marine worm, or shellfish from the ‘‘(b) SCHOODIC PENINSULA ADDITION.— terpretation, or management of the Park; natural habitat of the marine species, ma- ‘‘(1) IN GENERAL.—The boundary of the ‘‘(2) consult with the governing body of rine worm, or shellfish. Park is confirmed to include approximately each county, city, town, or other jurisdiction ‘‘(b) CONTINUATION OF TRADITIONAL USES.— 1,441 acres of land and interests in land, as with primary taxing authority over the land The Secretary shall allow for the traditional depicted on the map entitled ‘Acadia Na- or interest in land to be acquired regarding taking of marine species, marine worms, and tional Park, Hancock County, Maine, the impacts of the proposed boundary revi- shellfish, on land within the Park between Schoodic Peninsula Boundary Revision’, sion; the mean high watermark and the mean low numbered 123/129102, and dated July 10, 2015. ‘‘(3) obtain from each property owner the watermark in accordance with State law.’’. ‘‘(2) RATIFICATION AND APPROVAL OF ACQUI- land or interest in land of which is proposed (g) CONVEYANCE OF CERTAIN LAND IN ACA- SITIONS OF LAND.—Congress ratifies and ap- to be acquired for, or lost from, the Park DIA NATIONAL PARK TO THE TOWN OF BAR proves— written consent for the proposed boundary HARBOR, MAINE.— ‘‘(A) effective as of September 26, 2013, the revision; and (1) IN GENERAL.—The Secretary shall con- acquisition by the United States of the land ‘‘(4) submit to the Acadia National Park vey to the Town of Bar Harbor all right, and interests in the land described in para- Advisory Commission established by section title, and interest of the United States in graph (1); and 103(a), the Committee on Natural Resources and to the .29-acre parcel of land in Acadia ‘‘(B) effective as of the date on which the of the House of Representatives, the Com- National Park identified as lot 110–055–000 on alteration occurred, any alteration of the mittee on Energy and Natural Resources of the tax map of the Town of Bar Harbor for land or interests in the land described in the Senate, and the Maine Congressional section 110, dated April 1, 2015, to be used paragraph (1) that is held or claimed by the Delegation a written notice of the proposed for— United States (including conversion of the boundary revision. (A) a solid waste transfer facility; or land to fee simple interest) that occurred ‘‘(l) LIMITATION.—The Secretary may not (B) other public purposes consistent with after the date described in subparagraph use the authority provided by section 100506 uses allowed under the Act of June 14, 1926 (A).’’; and of title 54, United States Code, to adjust the (commonly known as the ‘‘Recreation and (4) in subsection (c) (as designated by para- permanent boundaries of the Park pursuant Public Purposes Act’’) (44 Stat. 741, chapter graph (2)(A)), by adding at the end the fol- to this title.’’. 578; 43 U.S.C. 869 et seq.). lowing: (c) ACADIA NATIONAL PARK ADVISORY COM- (2) REVERSION.—If the land conveyed under ‘‘(2) TECHNICAL AND LIMITED REVISIONS.— MISSION.— paragraph (1) is used for a purpose other than Subject to section 102(k), notwithstanding (1) IN GENERAL.—The Secretary shall rees- a purpose described in that paragraph, the any other provision of this section, the Sec- tablish and appoint members to the Acadia land shall, at the discretion of the Secretary, retary of the Interior (referred to in this National Park Advisory Commission in ac- revert to the United States. title as the ‘Secretary’), by publication in cordance with section 103 of Public Law 99– SEC. 2109. AUTHORITY OF SECRETARY OF THE IN- the Federal Register of a revised boundary 420 (16 U.S.C. 341 note). TERIOR TO ACCEPT CERTAIN PROP- map or other description, may make— (2) CONFORMING AMENDMENT.—Section 103 ERTIES, MISSOURI. ‘‘(A) such technical boundary revisions as of Public Law 99–420 (16 U.S.C. 341 note) is (a) STE. GENEVIEVE NATIONAL HISTORICAL the Secretary determines to be appropriate amended by striking subsection (f). PARK.—Section 7134(a)(3) of the Energy and

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S968 CONGRESSIONAL RECORD — SENATE February 6, 2019 Natural Resources Act of 2017 (as enacted ‘‘(C) located in the area of the city bound other paper of the United States to the into law by section 121(a)(2) of division G of by Truman Road on the south, North Lynn Saint-Gaudens National Historic Site shall the Consolidated Appropriations Act, 2018 Street on the west, East White Oak Street be considered to be a reference to the ‘‘Saint- (Public Law 115–141)) is amended by striking on the north, and the city transit center on Gaudens National Historical Park’’. ‘‘ ‘Ste. Genevieve National Historical Park the east. SEC. 2202. REDESIGNATION OF ROBERT EMMET Proposed Boundary’, numbered 571/132,626, ‘‘(3) BOUNDARY MODIFICATION.—On acquisi- PARK. and dated May 2016’’ and inserting ‘‘ ‘Ste. tion of the land under this subsection, the (a) REDESIGNATION.—The small triangular Genevieve National Historical Park Pro- Secretary shall modify the boundary of the property designated by the National Park posed Boundary Addition’, numbered 571/ Harry S Truman National Historic Site to Service as reservation 302, shall be known as 149,942, and dated December 2018’’. reflect that acquisition.’’; and ‘‘Robert Emmet Park’’. (b) HARRY S TRUMAN NATIONAL HISTORIC (E) in subsection (a)— (b) REFERENCE.—Any reference in any law, SITE.—Public Law 98–32 (54 U.S.C. 320101 (i) in the second sentence, by striking ‘‘The regulation, document, record, map, paper, or note) is amended— Secretary may also acquire, by any of the other record of the United States to the (1) in section 3, by striking the section des- above means, fixtures,’’ and inserting the property referred to in subsection (a) is ignation and all that follows through ‘‘is au- following: deemed to be a reference to ‘‘Robert Emmet thorized’’ and inserting the following: ‘‘(2) FIXTURES AND PERSONAL PROPERTY.— Park’’. ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. The Secretary may acquire, by any means (c) SIGNAGE.—The Secretary may post ‘‘There are authorized’’; described in paragraph (1), any fixtures’’; and signs on or near Robert Emmet Park that in- (2) in section 2— (ii) in the first sentence— clude 1 or more of the following: (A) in the second sentence, by striking (I) by striking ‘‘of the Interior (hereinafter (1) Information on Robert Emmet, his con- ‘‘The Secretary is further authorized, in the referred to as the ‘Secretary’)’’; and tribution to Irish Independence, and his re- administration of the site, to’’ and inserting (II) by striking ‘‘That (a) in order to’’ and spect for the United States and the Amer- the following: inserting the following: ican Revolution. ‘‘(b) USE BY MARGARET TRUMAN DANIEL.— ‘‘SECTION 1. SHORT TITLE; DEFINITION OF SEC- (2) Information on the history of the statue In administering the Harry S Truman Na- RETARY. of Robert Emmet located in Robert Emmet tional Historic Site, the Secretary may’’; ‘‘(a) SHORT TITLE.—This Act may be cited Park. and as the ‘Harry S Truman National Historic (B) by striking the section designation and SEC. 2203. FORT SUMTER AND FORT MOULTRIE Site Establishment Act’. NATIONAL HISTORICAL PARK. all that follows through ‘‘and shall be’’ in ‘‘(b) DEFINITION OF SECRETARY.—In this (a) DEFINITIONS.—In this section: the first sentence and inserting the fol- Act, the term ‘Secretary’ means the Sec- lowing: (1) MAP.—The term ‘‘map’’ means the map retary of the Interior. entitled ‘‘Boundary Map, Fort Sumter and ‘‘SEC. 3. DESIGNATION; USE BY MARGARET TRU- ‘‘SEC. 2. PURPOSE; ACQUISITION OF PROPERTY. MAN DANIEL. Fort Moultrie National Historical Park’’, ‘‘(a) PURPOSE; ACQUISITION.— ‘‘(a) DESIGNATION.—Any property acquired numbered 392/80,088, and dated August 2009. ‘‘(1) IN GENERAL.—To’’. pursuant to section 2— (2) PARK.—The term ‘‘Park’’ means the ‘‘(1) is designated as the ‘Harry S Truman SEC. 2110. HOME OF FRANKLIN D. ROOSEVELT Fort Sumter and Fort Moultrie National NATIONAL HISTORIC SITE. National Historic Site’; and Historical Park established by subsection (a) LAND ACQUISITION.—The Secretary may ‘‘(2) shall be’’; and (b). acquire, by donation, purchase from a will- (3) in the first section— (3) STATE.—The term ‘‘State’’ means the ing seller using donated or appropriated (A) by redesignating subsection (e) as para- State of South Carolina. funds, or exchange, the approximately 89 graph (2), indenting the paragraph appro- (4) SULLIVAN’S ISLAND LIFE SAVING STATION acres of land identified as the ‘‘Morgan Prop- priately, and moving the paragraph so as to HISTORIC DISTRICT.—The term ‘‘Sullivan’s Is- erty’’ and generally depicted on the map en- appear at the end of subsection (c); land Life Saving Station Historic District’’ titled ‘‘Home of Franklin D. Roosevelt Na- (B) in subsection (c)— means the Charleston Lighthouse, the boat- tional Historic Site, Proposed Park Addi- (i) by striking the subsection designation house, garage, bunker/sighting station, sig- tion’’, numbered 384/138,461, and dated May and all that follows through ‘‘authorized to’’ nal tower, and any associated land and im- 2017. and inserting the following: provements to the land that are located be- (b) AVAILABILITY OF MAP.—The map re- ‘‘(c) TRUMAN FARM HOME.— tween Sullivan’s Island Life Saving Station ferred to in subsection (a) shall be available ‘‘(1) IN GENERAL.—The Secretary may’’; and and the mean low water mark. (ii) in paragraph (2) (as redesignated by for public inspection in the appropriate of- (b) ESTABLISHMENT.—There is established subparagraph (A))— fices of the National Park Service. the Fort Sumter and Fort Moultrie National (c) BOUNDARY ADJUSTMENT; ADMINISTRA- (I) by striking ‘‘Farm House’’ and inserting Historical Park in the State as a single unit TION.—On acquisition of the land referred to ‘‘Farm Home’’; and of the National Park System to preserve, in subsection (a), the Secretary shall— (II) by striking the paragraph designation maintain, and interpret the nationally sig- (1) adjust the boundary of the Home of and all that follows through ‘‘authorized and nificant historical values and cultural re- Franklin D. Roosevelt National Historic Site directed to’’ and inserting the following: sources associated with Fort Sumter Na- to reflect the acquisition; and ‘‘(2) TECHNICAL AND PLANNING ASSIST- tional Monument, Fort Moultrie National (2) administer the acquired land as part of ANCE.—The Secretary shall’’; Monument, and the Sullivan’s Island Life the Home of Franklin D. Roosevelt National (C) in subsection (b)— Saving Station Historic District. Historic Site, in accordance with applicable (i) by striking ‘‘(b)(1) The Secretary is fur- (c) BOUNDARY.—The boundary of the Park laws. ther authorized to’’ and inserting the fol- shall be as generally depicted on the map. lowing: Subtitle C—National Park System (d) AVAILABILITY OF MAP.—The map shall ‘‘(b) NOLAND/HAUKENBERRY AND WALLACE Redesignations be on file and available for public inspection HOUSES.— SEC. 2201. DESIGNATION OF SAINT-GAUDENS NA- in the appropriate offices of the National ‘‘(1) IN GENERAL.—The Secretary may’’; and TIONAL HISTORICAL PARK. Park Service. (ii) in paragraph (1), by indenting subpara- (a) IN GENERAL.—The Saint-Gaudens Na- (e) ADMINISTRATION.— graphs (A) and (B) appropriately; tional Historic Site shall be known and des- (1) IN GENERAL.—The Secretary, acting (D) by adding at the end the following: ignated as the ‘‘Saint-Gaudens National His- through the Director of the National Park ‘‘(e) ADDITIONAL LAND IN INDEPENDENCE FOR torical Park’’. Service, shall administer the Park in accord- VISITOR CENTER.— (b) AMENDMENTS TO PUBLIC LAW 88–543.— ance with this section and the laws generally ‘‘(1) IN GENERAL.—The Secretary may ac- Public Law 88–543 (78 Stat.749) is amended— applicable to units of the National Park Sys- quire, by donation from the city of Independ- (1) by striking ‘‘National Historic Site’’ tem, including— ence, Missouri, the land described in para- each place it appears and inserting ‘‘Na- (A) section 100101(a), chapter 1003, and sec- graph (2) for— tional Historical Park’’; tions 100751(a), 100752, 100753, and 102101 of ‘‘(A) inclusion in the Harry S Truman Na- (2) in section 2(a), by striking ‘‘historic title 54, United States Code; and tional Historic Site; and site’’ and inserting ‘‘Saint-Gaudens National (B) chapter 3201 of title 54, United States ‘‘(B) if the Secretary determines appro- Historical Park’’; Code. priate, use as a visitor center of the historic (3) in section 3, by— (2) INTERPRETATION OF HISTORICAL site, which may include administrative serv- (A) striking ‘‘national historical site’’ and EVENTS.—The Secretary shall provide for the ices. inserting ‘‘Saint-Gaudens National Histor- interpretation of historical events and ac- ‘‘(2) DESCRIPTION OF LAND.—The land re- ical Park’’; and tivities that occurred in the vicinity of Fort ferred to in paragraph (1) consists of the ap- (B) striking ‘‘part of the site’’ and insert- Sumter and Fort Moultrie, including— proximately 1.08 acres of land— ing ‘‘part of the park’’; and (A) the Battle of Sullivan’s Island on June ‘‘(A) owned by the city of Independence, (4) in section 4(b), by striking ‘‘traditional 28, 1776; Missouri; to the site’’ and inserting ‘‘traditional to the (B) the Siege of Charleston during 1780; ‘‘(B) designated as Lots 6 through 19, park’’. (C) the Civil War, including— DELAYS Subdivision, a subdivision in Inde- (c) REFERENCES.—Any reference in any (i) the bombardment of Fort Sumter by pendence, Jackson County, Missouri; and law, regulation, document, record, map, or Confederate forces on April 12, 1861; and

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(ii) any other events of the Civil War that (B) ST. HELENA ISLAND.—Subject to sub- Secretary to relate to the Reconstruction are associated with Fort Sumter and Fort paragraph (D), the Secretary is authorized to Era. Moultrie; acquire the following and shall expand the (B) Other Federal, State, local, and pri- (D) the development of the coastal defense boundary of the historical park to include vately owned properties that the Secretary system of the United States during the pe- acquisitions under this authority: determines— riod from the Revolutionary War to World (i) Land and interests in land adjacent to (i) relate to the Reconstruction Era; and War II, including— the existing boundary on St. Helena Island, (ii) are included in, or determined by the (i) the Sullivan’s Island Life Saving Sta- South Carolina, as reflected on the Map. Secretary to be eligible for inclusion in, the tion; (ii) Land or interests in land on St. Helena National Register of Historic Places. (ii) the lighthouse associated with the Sul- Island, South Carolina, that has a historic (C) Other governmental and nongovern- livan’s Island Life Saving Station; and connection to the Reconstruction Era. mental sites, facilities, and programs of an (iii) the coastal defense sites constructed (C) CAMP SAXTON.—Subject to subpara- educational, research, or interpretive nature during the period of fortification construc- graph (D), the Secretary is authorized to ac- that are directly related to the Reconstruc- tion from 1898 to 1942, known as the ‘‘Endi- cept administrative jurisdiction of Federal tion Era. cott Period’’; and land or interests in Federal land adjacent to (4) COOPERATIVE AGREEMENTS AND MEMO- (E) the lives of— the existing boundary at Camp Saxton, as re- RANDA OF UNDERSTANDING.—To achieve the (i) the free and enslaved workers who built flected on the Map. Upon finalizing an agree- purposes of this section and to ensure effec- and maintained Fort Sumter and Fort ment to accept administrative jurisdiction tive coordination of the Federal and non- Moultrie; of Federal land or interests in Federal land, Federal elements of the Network and units (ii) the soldiers who defended the forts; the Secretary shall expand the boundary of and programs of the National Park Service, (iii) the prisoners held at the forts; and the historical park to encompass that Fed- the Secretary may enter into cooperative (iv) captive Africans bound for slavery eral land or interests in Federal land. agreements and memoranda of under- who, after first landing in the United States, (D) LAND ACQUISITION AUTHORITY.—The Sec- standing with, and provide technical assist- were brought to quarantine houses in the vi- retary may only acquire land under this sec- ance to, the heads of other Federal agencies, cinity of Fort Moultrie in the 18th century, tion by donation, exchange, or purchase with States, units of local government, regional if the Secretary determines that the quar- donated funds. governmental bodies, and private entities. antine houses and associated historical val- (3) ADMINISTRATION.— SEC. 2205. GOLDEN SPIKE NATIONAL HISTORICAL PARK. ues are nationally significant. (A) IN GENERAL.—The Secretary shall ad- (f) COOPERATIVE AGREEMENTS.—The Sec- minister the historical park in accordance (a) DEFINITIONS.—In this section: retary may enter into cooperative agree- with this section and with the laws generally (1) PARK.—The term ‘‘Park’’ means the ments with public and private entities and applicable to units of the National Park Sys- Golden Spike National Historical Park des- ignated by subsection (b)(1). individuals to carry out this section. tem. (2) PROGRAM.—The term ‘‘Program’’ means (g) REPEAL OF EXISTING LAW.—Section 2 of (B) MANAGEMENT PLAN.—If the manage- the program to commemorate and interpret the Joint Resolution entitled ‘‘Joint Resolu- ment plan for the Reconstruction Era Na- the Transcontinental Railroad authorized tion to establish the Fort Sumter National tional Monument— under subsection (c). Monument in the State of South Carolina’’, (i) has not been completed on or before the (3) SECRETARY.—The term ‘‘Secretary’’ approved April 28, 1948 (16 U.S.C. 450ee–1), is date of enactment of this Act, the Secretary means the Secretary, acting through the Di- repealed. shall incorporate all provisions of this sec- rector of the National Park Service. SEC. 2204. RECONSTRUCTION ERA NATIONAL HIS- tion into the planning process and complete (4) TRANSCONTINENTAL RAILROAD.—The TORICAL PARK AND RECONSTRUC- a management plan for the historical park TION ERA NATIONAL HISTORIC NET- term ‘‘Transcontinental Railroad’’ means within 3 years; and WORK. the approximately 1,912-mile continuous (ii) has been completed on or before the (a) DEFINITIONS.—In this section: railroad constructed between 1863 and 1869 date of enactment of this Act, the Secretary (1) HISTORICAL PARK.—The term ‘‘historical extending from Council Bluffs, Iowa, to San shall update the plan incorporating the pro- park’’ means the Reconstruction Era Na- Francisco, California. visions of this section. tional Historical Park. (b) REDESIGNATION.— (2) MAP.—The term ‘‘Map’’ means the maps (c) RECONSTRUCTION ERA NATIONAL HIS- (1) REDESIGNATION.—The Golden Spike Na- entitled ‘‘Reconstruction Era National TORIC NETWORK.— tional Historic Site designated April 2, 1957, Monument Old Beaufort Firehouse’’, num- (1) IN GENERAL.—The Secretary shall— and placed under the administration of the bered 550/135,755, and dated January 2017; (A) establish, within the National Park National Park Service under Public Law 89– ‘‘Reconstruction Era National Monument Service, a program to be known as the ‘‘Re- 102 (54 U.S.C. 320101 note; 79 Stat. 426), shall Darrah Hall and Brick Baptist Church’’, construction Era National Historic Net- be known and designated as the ‘‘Golden numbered 550/135,756, and dated January 2017; work’’; Spike National Historical Park’’. and ‘‘Reconstruction Era National Monu- (B) not later than 1 year after the date of (2) REFERENCES.—Any reference in a law, ment Camp Saxton’’, numbered 550/135,757, enactment of this Act, solicit proposals from map, regulation, document, paper, or other and dated January 2017, collectively. sites interested in being a part of the Net- record of the United States to the Golden (3) NETWORK.—The term ‘‘Network’’ means work; and Spike National Historic Site shall be consid- the Reconstruction Era National Historic (C) administer the Network through the ered to be a reference to the ‘‘Golden Spike Network established pursuant to this sec- historical park. National Historical Park’’. tion. (2) DUTIES OF SECRETARY.—In carrying out (c) TRANSCONTINENTAL RAILROAD COMMEMO- (b) RECONSTRUCTION ERA NATIONAL HISTOR- the Network, the Secretary shall— RATION AND PROGRAM.— ICAL PARK.— (A) review studies and reports to com- (1) IN GENERAL.—Subject to paragraph (2), (1) REDESIGNATION OF RECONSTRUCTION ERA plement and not duplicate studies of the his- the Secretary shall establish within the Na- NATIONAL MONUMENT.— torical importance of Reconstruction Era tional Park Service a program to commemo- (A) IN GENERAL.—The Reconstruction Era that may be underway or completed, such as rate and interpret the Transcontinental National Monument is redesignated as the the National Park Service Reconstruction Railroad. Reconstruction Era National Historical Handbook and the National Park Service (2) STUDY.—Before establishing the Pro- Park, as generally depicted on the Map. Theme Study on Reconstruction; gram, the Secretary shall conduct a study of (B) AVAILABILITY OF FUNDS.—Any funds (B) produce and disseminate appropriate alternatives for commemorating and inter- available for the purposes of the Reconstruc- educational and promotional materials re- preting the Transcontinental Railroad that tion Era National Monument shall be avail- lating to the Reconstruction Era and the includes— able for the purposes of the historical park. sites in the Network, such as handbooks, (A) a historical assessment of the Trans- (C) REFERENCES.—Any references in a law, maps, interpretive guides, or electronic in- continental Railroad; regulation, document, record, map, or other formation; (B) the identification of— paper of the United States to the Recon- (C) enter into appropriate cooperative (i) existing National Park System land and struction Era National Monument shall be agreements and memoranda of under- affiliated areas, land managed by other Fed- considered to be a reference to the historical standing to provide technical assistance; eral agencies, and Federal programs that park. (D)(i) create and adopt an official, uniform may be related to preserving, commemo- (2) BOUNDARY EXPANSION.— symbol or device for the Network; and rating, and interpreting the Trans- (A) BEAUFORT NATIONAL HISTORIC LANDMARK (ii) issue regulations for the use of the continental Railroad; DISTRICT.—Subject to subparagraph (D), the symbol or device adopted under clause (i); (ii) any properties relating to the Trans- Secretary is authorized to acquire land or in- and continental Railroad— terests in land within the Beaufort National (E) conduct research relating to Recon- (I) that are designated as, or could meet Historic Landmark District that has historic struction and the Reconstruction Era. the criteria for designation as, National His- connection to the Reconstruction Era. Upon (3) ELEMENTS.—The Network shall encom- toric Landmarks; or finalizing an agreement to acquire land, the pass the following elements: (II) that are included, or eligible for inclu- Secretary shall expand the boundary of the (A) All units and programs of the National sion, on the National Register of Historic historical park to encompass the property. Park Service that are determined by the Places;

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(iv) any governmental programs and non- (a) PEARL HARBOR NATIONAL MEMORIAL, (3) REFERENCES.—Any reference in a law governmental programs of an educational, HAWAI’I.— (other than this section), regulation, docu- research, or interpretive nature relating to (1) DEFINITIONS.—In this subsection: ment, record, map, or other paper of the the Transcontinental Railroad; and (A) MAP.—The term ‘‘Map’’ means the map United States to resources in the State of (C) recommendations for— entitled ‘‘Pearl Harbor National Memorial— California included in the World War II (i) incorporating the resources identified Proposed Boundary’’, numbered 580/140,514, Valor in the Pacific National Monument under subparagraph (B) into the Program; and dated November 2017. shall be considered to be a reference to ‘‘Tule Lake National Monument’’. and (B) NATIONAL MEMORIAL.—The term ‘‘Na- (c) WORLD WAR II NA- (ii) other appropriate ways to enhance his- tional Memorial’’ means the Pearl Harbor TIONAL MONUMENT, ALASKA.— torical research, education, interpretation, National Memorial established by paragraph (1) IN GENERAL.—The areas of the World and public awareness of the Trans- (2)(A)(i). War II Valor in the Pacific National Monu- continental Railroad. (2) PEARL HARBOR NATIONAL MEMORIAL.— ment located in the State of Alaska, as es- (3) REPORT.—Not later than 3 years after (A) ESTABLISHMENT.— tablished by Presidential Proclamation 8327 the date on which funds are made available (i) IN GENERAL.—There is established the (73 Fed. Reg. 75293; December 10, 2008), are re- to carry out the study under paragraph (2), Pearl Harbor National Memorial in the State the Secretary shall submit to the Committee designated as the ‘‘Aleutian Islands World of Hawai’i as a unit of the National Park War II National Monument’’. on Natural Resources of the House of Rep- System. (2) ADMINISTRATION.—The Secretary shall resentatives and the Committee on Energy (ii) BOUNDARIES.—The boundaries of the and Natural Resources of the Senate a report administer the Aleutian Islands World War II National Memorial shall be the boundaries National Monument in accordance with the containing the findings and recommenda- generally depicted on the Map. tions of the study. provisions of Presidential Proclamation 8327 (iii) AVAILABILITY OF MAP.—The Map shall (73 Fed. Reg. 75293; December 10, 2008) appli- (4) FREIGHT RAILROAD OPERATIONS.—The be on file and available for public inspection Program shall not include any properties cable to the sites and resources in the State in appropriate offices of the National Park of Alaska that are subject to that proclama- that are— Service. (A) used in active freight railroad oper- tion. (B) PURPOSES.—The purposes of the Na- (3) REFERENCES.—Any reference in a law ations (or other ancillary purposes); or tional Memorial are to preserve, interpret, (other than this section), regulation, docu- (B) reasonably anticipated to be used for and commemorate for the benefit of present ment, record, map, or other paper of the freight railroad operations in the future. and future generations the history of World United States to the sites and resources in (5) ELEMENTS OF THE PROGRAM.—In car- War II in the Pacific from the events leading the State of Alaska included in the World rying out the Program under this subsection, to the December 7, 1941, attack on O’ahu, to War II Valor in the Pacific National Monu- the Secretary— peace and reconciliation. ment shall be considered to be a reference to (A) shall produce and disseminate appro- (3) ADMINISTRATION.—The Secretary shall the ‘‘Aleutian Islands World War II National priate education materials relating to the administer the National Memorial in accord- Monument’’. history, construction, and legacy of the ance with this subsection, section 121 of Pub- (d) HONOULIULI NATIONAL HISTORIC SITE, Transcontinental Railroad, such as hand- lic Law 111–88 (123 Stat. 2930), and the laws HAWAI’I.— books, maps, interpretive guides, or elec- generally applicable to units of the National (1) DEFINITIONS.—In this subsection: tronic information; Park System including— (A) HISTORIC SITE.—The term ‘‘Historic (B) may enter into appropriate cooperative (A) section 100101(a), chapter 1003, and sec- Site’’ means the Honouliuli National His- agreements and memoranda of under- tions 100751(a), 100752, 100753, and 102101 of toric Site established by paragraph (2)(A)(i). standing and provide technical assistance to title 54, United States Code; and (B) MAP.—The term ‘‘Map’’ means the map the heads of other Federal agencies, States, (B) chapter 3201 of title 54, United States entitled ‘‘Honouliuli National Historic Site— units of local government, regional govern- Code. Proposed Boundary’’, numbered 680/139428, mental bodies, and private entities to fur- (4) REMOVAL OF PEARL HARBOR NATIONAL and dated June 2017. ther the purposes of the Program and this MEMORIAL FROM THE WORLD WAR II VALOR IN (2) HONOULIULI NATIONAL HISTORIC SITE.— section; and THE PACIFIC NATIONAL MONUMENT.— (A) ESTABLISHMENT.— (C) may— (A) BOUNDARIES.—The boundaries of the (i) IN GENERAL.—There is established the (i) create and adopt an official, uniform World War II Valor in the Pacific National Honouliuli National Historic Site in the symbol or device to identify the Program; Monument are revised to exclude from the State of Hawai’i as a unit of the National and monument the land and interests in land Park System. (ii) issue guidance for the use of the sym- identified as the ‘‘Pearl Harbor National Me- (ii) BOUNDARIES.—The boundaries of the bol or device created and adopted under morial’’, as depicted on the Map. Historic Site shall be the boundaries gen- clause (i). (B) INCORPORATION INTO NATIONAL MEMO- erally depicted on the Map. (d) PROGRAMMATIC AGREEMENT.— RIAL.— (iii) AVAILABILITY OF MAP.—The Map shall (1) IN GENERAL.—Not later than 180 days (i) IN GENERAL.—The land and interests in be on file and available for public inspection after the date of enactment of this Act, the land excluded from the monument under sub- in appropriate offices of the National Park Secretary shall seek to enter into a pro- paragraph (A) are incorporated in and made Service. grammatic agreement with the Utah State part of the National Memorial in accordance (B) PURPOSES.—The purposes of the His- Historic Preservation Officer to add to the with this subsection. toric Site are to preserve and interpret for list of undertakings eligible for streamlined (ii) USE OF FUNDS.—Any funds for the pur- the benefit of present and future generations review under section 306108 of title 54, United poses of the land and interests in land ex- the history associated with the internment States Code, certain uses that would have cluded from the monument under subpara- and detention of civilians of Japanese and limited physical impact to land in the Park. graph (A) shall be made available for the other ancestries during World War II in Ha- (2) DEVELOPMENT AND CONSULTATION.—The purposes of the National Memorial. wai’i, the impacts of war and martial law on programmatic agreement entered into under (iii) REFERENCES.—Any reference in a law society in the Hawaiian Islands, and the co- paragraph (1) shall be developed— (other than this section), regulation, docu- location and diverse experiences of Prisoners (A) in accordance with applicable laws (in- ment, record, map, or other paper of the of War at the Honouliuli Internment Camp cluding regulations); and United States to resources in the State of site. (B) in consultation with adjacent land- Hawai’i included in the World War II Valor (3) ADMINISTRATION.— owners, Indian Tribes, and other interested in the Pacific National Monument shall be (A) IN GENERAL.—The Secretary shall ad- parties. considered a reference to the ‘‘Pearl Harbor minister the Historic Site in accordance (3) APPROVAL.—The Secretary shall— National Memorial’’. with this subsection and the laws generally (A) consider any application for uses cov- (b) TULE LAKE NATIONAL MONUMENT, CALI- applicable to units of the National Park Sys- ered by the programmatic agreement; and FORNIA.— tem, including— (B) not later than 60 days after the receipt (1) IN GENERAL.—The areas of the World (i) section 100101(a), chapter 1003, and sec- of an application described in subparagraph War II Valor in the Pacific National Monu- tions 100751(a), 100752, 100753, and 102101 of (A), approve the application, if the Secretary ment located in the State of California, as title 54, United States Code; and determines the application is consistent established by Presidential Proclamation (ii) chapter 3201 of title 54, United States with— 8327 (73 Fed. Reg. 75293; December 10, 2008), Code. (i) the programmatic agreement entered are redesignated as the ‘‘Tule Lake National (B) PARTNERSHIPS.— into under paragraph (1); and Monument’’. (i) IN GENERAL.—The Secretary may enter (ii) applicable laws (including regulations). (2) ADMINISTRATION.—The Secretary shall into agreements with, or acquire easements (e) INVASIVE SPECIES.—The Secretary shall administer the Tule Lake National Monu- from, the owners of property adjacent to the consult with, and seek to coordinate with, ment in accordance with the provisions of Historic Site to provide public access to the adjacent landowners to address the treat- Presidential Proclamation 8327 (73 Fed. Reg. Historic Site.

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(ii) INTERPRETATION.—The Secretary may (i) section 100101(a), chapter 1003, and sec- (c) ADMINISTRATION.— enter into cooperative agreements with gov- tions 100751(a), 100752, 100753, and 102101 of (1) IN GENERAL.—The Secretary shall ad- ernmental and nongovernmental organiza- title 54, United States Code; and minister the Monument in accordance with— tions to provide for interpretation at the (ii) chapter 3201 of title 54, United States (A) this section; and Historic Site. Code. (B) the laws generally applicable to units (C) SHARED RESOURCES.—To the maximum (2) MANAGEMENT PLAN.— of the National Park System, including— extent practicable, the Secretary may use (A) IN GENERAL.—Not later than 3 years (i) section 100101(a), chapter 1003, and sec- the resources of the Pearl Harbor National after the date on which funds are first made tions 100751(a), 100752, 100753, and 102101 of Memorial to administer the Historic Site. available to the Secretary for this purpose, title 54, United States Code; and (4) ABOLISHMENT OF HONOULIULI NATIONAL the Secretary shall prepare a general man- (ii) chapter 3201 of title 54, United States MONUMENT.— agement plan for the Monument in accord- Code. (A) IN GENERAL.—In light of the establish- ance with section 100502 of title 54, United (2) MANAGEMENT PLAN.— ment of the Honouliuli National Historic States Code. (A) IN GENERAL.—Not later than 3 years Site, the Honouliuli National Monument is (B) SUBMISSION.—On completion of the gen- after the date on which funds are first made abolished and the lands and interests therein eral management plan under subparagraph available to prepare a general management are incorporated within and made part of (A), the Secretary shall submit it to the plan for the Monument, the Secretary shall Honouliuli National Historic Site. Any funds Committee on Natural Resources of the prepare the general management plan in ac- available for purposes of Honouliuli National House of Representatives and the Committee cordance with section 100502 of title 54, Monument shall be available for purposes of on Energy and Natural Resources of the Sen- United States Code. the Historic Site. ate. (B) SUBMISSION TO CONGRESS.—On comple- (B) REFERENCES.—Any references in law (g) AGREEMENTS.— tion of the general management plan, the (other than in this section), regulation, doc- (1) MONUMENT.—The Secretary— Secretary shall submit to the Committee on ument, record, map or other paper of the (A) shall seek to enter into an agreement Natural Resources of the House of Rep- United States to Honouliuli National Monu- with the College to provide interpretive and resentatives and the Committee on Energy ment shall be considered a reference to educational services relating to the Monu- and Natural Resources of the Senate the gen- Honouliuli National Historic Site. ment; and eral management plan. (B) may enter into agreements with the (d) PRIVATE PROPERTY PROTECTION.—Noth- Subtitle D—New Units of the National Park College and other entities for the purposes of System ing in this section affects the land use rights carrying out this section. of private property owners within or adja- SEC. 2301. MEDGAR AND MYRLIE EVERS HOME (2) HISTORIC DISTRICT.—The Secretary may cent to the Monument. NATIONAL MONUMENT. enter into agreements with the owner of a (e) NO BUFFER ZONES.— (a) DEFINITIONS.—In this section: nationally significant property within the (1) IN GENERAL.—Nothing in this section (1) COLLEGE.—The term ‘‘College’’ means Historic District, to identify, mark, inter- creates a protective perimeter or buffer zone Tougaloo College, a private educational in- pret, and provide technical assistance with around the Monument. stitution located in Tougaloo, Mississippi. respect to the preservation and interpreta- (2) ACTIVITIES OUTSIDE NATIONAL MONU- (2) HISTORIC DISTRICT.—The term ‘‘Historic tion of the property. MENT.—The fact that an activity or use on District’’ means the Medgar Evers Historic SEC. 2302. MILL SPRINGS BATTLEFIELD NA- land outside the Monument can be seen or District, as included on the National Reg- TIONAL MONUMENT. heard within the Monument shall not pre- ister of Historic Places, and as generally de- (a) DEFINITIONS.—In this section: clude the activity or use outside the bound- picted on the Map. (1) MAP.—The term ‘‘Map’’ means the map ary of the Monument. (3) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Mill Springs Battlefield National SEC. 2303. CAMP NELSON HERITAGE NATIONAL entitled ‘‘Medgar and Myrlie Evers Home Na- Monument, Nancy, Kentucky’’, numbered MONUMENT. tional Monument’’, numbered 515/142561, and 297/145513, and dated June 2018. (a) DEFINITIONS.—In this section: dated September 2018. (2) MONUMENT.—The term ‘‘Monument’’ (1) MAP.—The term ‘‘Map’’ means the map (4) MONUMENT.—The term ‘‘Monument’’ means the Mill Springs Battlefield National entitled ‘‘Camp Nelson Heritage National means the Medgar and Myrlie Evers Home Monument established by subsection (b)(1). Monument Nicholasville, Kentucky’’, num- National Monument established by sub- (3) SECRETARY.—The term ‘‘Secretary’’ bered 532/144,148, and dated April 2018. section (b). means the Secretary, acting through the Di- (2) MONUMENT.—The term ‘‘Monument’’ (5) SECRETARY.—The term ‘‘Secretary’’ rector of the National Park Service. means the Camp Nelson Heritage National (b) ESTABLISHMENT.— means the Secretary, acting through the Di- Monument established by subsection (b)(1). (1) IN GENERAL.—Subject to paragraph (2), rector of the National Park Service. (3) SECRETARY.—The term ‘‘Secretary’’ there is established as a unit of the National (b) ESTABLISHMENT.— means the Secretary, acting through the Di- Park System, the Mill Springs Battlefield (1) IN GENERAL.—Subject to paragraph (2), rector of the National Park Service. there is established the Medgar and Myrlie National Monument in the State of Ken- (b) ESTABLISHMENT.— Evers Home National Monument in the State tucky, to preserve, protect, and interpret for (1) IN GENERAL.—Subject to paragraph (2), of Mississippi as a unit of the National Park the benefit of present and future genera- there is established, as a unit of the National System to preserve, protect, and interpret tions— Park System, the Camp Nelson Heritage Na- for the benefit of present and future genera- (A) the nationally significant historic re- tional Monument in the State of Kentucky, tions resources associated with the pivotal sources of the Mill Springs Battlefield; and to preserve, protect, and interpret for the roles of Medgar and Myrlie Evers in the (B) the role of the Mill Springs Battlefield benefit of present and future generations, American Civil Rights Movement. in the Civil War. the nationally significant historic resources (2) DETERMINATION BY THE SECRETARY.—The (2) DETERMINATION BY THE SECRETARY.—The of Camp Nelson and the role of Camp Nelson Monument shall not be established until the Monument shall not be established until the in the American Civil War, Reconstruction, date on which the Secretary determines that date on which the Secretary determines that and African American history and civil a sufficient quantity of land or interests in a sufficient quantity of land or interests in rights. land has been acquired to constitute a man- land has been acquired to constitute a man- (2) CONDITIONS.—The Monument shall not ageable park unit. ageable park unit. be established until after the Secretary— (c) BOUNDARIES.—The boundaries of the (3) NOTICE.—Not later than 30 days after (A) has entered into a written agreement Monument shall be the boundaries generally the date on which the Secretary makes a de- with the owner of any private or non-Federal depicted on the Map. termination under paragraph (2), the Sec- land within the boundary of the Monument, (d) AVAILABILITY OF MAP.—The Map shall retary shall publish in the Federal Register as depicted on the Map, providing that the be on file and available for public inspection notice of the establishment of the Monu- property shall be donated to the United in the appropriate offices of the National ment. States for inclusion in the Monument, to be Park Service. (4) BOUNDARY.—The boundary of the Monu- managed consistently with the purposes of (e) ACQUISITION AUTHORITY.—The Secretary ment shall be as generally depicted on the the Monument; and may only acquire any land or interest in Map. (B) has determined that sufficient land or land located within the boundary of the (5) AVAILABILITY OF MAP.—The Map shall interests in land have been acquired within Monument by— be on file and available for public inspection the boundary of the Monument to constitute (1) donation; in the appropriate offices of the National a manageable unit. (2) purchase from a willing seller with do- Park Service. (c) BOUNDARIES.—The boundaries of the nated or appropriated funds; or (6) ACQUISITION AUTHORITY.—The Secretary Monument shall be the boundaries generally (3) exchange. may only acquire land or an interest in land depicted on the Map. (f) ADMINISTRATION.— located within the boundary of the Monu- (d) AVAILABILITY OF MAP.—The Map shall (1) IN GENERAL.—The Secretary shall ad- ment by— be on file and available for public inspection minister the Monument in accordance with— (A) donation; in the appropriate offices of the National (A) this section; and (B) purchase from a willing seller with do- Park Service. (B) the laws generally applicable to units nated or appropriated funds; or (e) ACQUISITION AUTHORITY.—The Secretary of the National Park System, including— (C) exchange. may only acquire any land or interest in

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DISTRICT OF COLUMBIA AND THE more than 2 appointees may be members of SECRETARY OF THE INTERIOR. the same political party; and (f) ADMINISTRATION.— The Secretary may enter into a coopera- (3) 4 Members of the House of Representa- (1) IN GENERAL.—The Secretary shall ad- tive management agreement with the Dis- tives appointed by the Speaker of the House minister the Monument in accordance with— trict of Columbia in accordance with section of Representatives in consultation with the (A) this section; 101703 of title 54, United States Code. Majority Leader and Minority Leader of the (B) Presidential Proclamation 9811 (83 Fed. SEC. 2404. FEES FOR MEDICAL SERVICES. House of Representatives, of which not more Reg. 54845 (October 31, 2018)); and (a) FEES AUTHORIZED.—The Secretary may than 2 appointees may be members of the (C) the laws generally applicable to units establish and collect fees for medical serv- same political party. of the National Park System, including— ices provided to persons in units of the Na- (c) CHAIR AND VICE CHAIR.—The members of (i) section 100101(a), chapter 1003, and sec- tional Park System or for medical services the Commission shall select a Chair and Vice tions 100751(a), 100752, 100753, and 102101 of provided by National Park Service personnel Chair of the Commission. The Chair and Vice title 54, United States Code; and outside units of the National Park System. Chair shall not be members of the same po- (ii) chapter 3201 of title 54, United States (b) NATIONAL PARK MEDICAL SERVICES litical party. Code. FUND.—There is established in the Treasury (d) VACANCIES.—Any vacancy in the Com- a fund, to be known as the ‘‘National Park (2) MANAGEMENT PLAN.— mission shall not affect its powers if a Medical Services Fund’’ (referred to in this (A) IN GENERAL.—Not later than 3 years quorum is present, but shall be filled in the section as the ‘‘Fund’’). The Fund shall con- after the date on which funds are first made same manner as the original appointment. sist of— available to the Secretary for the prepara- (e) MEETINGS.— (1) donations to the Fund; and tion of a general management plan for the (1) INITIAL MEETING.—Not later than 45 Monument, the Secretary shall prepare a (2) fees collected under subsection (a). days after the date on which a majority of (c) AVAILABILITY OF AMOUNTS.—All general management plan for the Monument the members of the Commission have been amounts deposited into the Fund shall be in accordance with section 100502 of title 54, appointed, the Commission shall hold its available to the Secretary, to the extent pro- United States Code. first meeting. vided in advance by Acts of appropriation, (B) SUBMISSION TO CONGRESS.—On comple- (2) SUBSEQUENT MEETINGS.—The Commis- tion of the general management plan, the for the following in units of the National Park System: sion shall meet at the call of the Chair. Secretary shall submit to the Committee on (f) QUORUM.—A majority of the members of (1) Services listed in subsection (a). Energy and Natural Resources of the Senate the Commission shall constitute a quorum (2) Preparing needs assessments or other and the Committee on Natural Resources of but a lesser number of members may hold the House of Representatives the general programmatic analyses for medical facili- hearings. management plan. ties, equipment, vehicles, and other needs (g) NO COMPENSATION.—A member of the and costs of providing services listed in sub- Commission shall serve without compensa- (g) NO BUFFER ZONES.— section (a). (1) IN GENERAL.—Nothing in this section tion, but may be reimbursed for expenses in- (3) Developing management plans for med- curred in carrying out the duties of the Com- creates a protective perimeter or buffer zone ical facilities, equipment, vehicles, and other around the Monument. mission. needs and costs of services listed in sub- (h) DUTIES.—The Commission shall con- (2) ACTIVITIES OUTSIDE NATIONAL MONU- section (a). sider and formulate plans for a permanent MENT.—The fact that an activity or use on (4) Training related to providing services memorial to honor John Adams and his leg- land outside the Monument can be seen or listed in subsection (a). heard within the Monument shall not pre- acy, including the nature, location, design, (5) Obtaining or improving medical facili- and construction of the memorial. clude the activity or use outside the bound- ties, equipment, vehicles, and other needs (i) POWERS.—The Commission may— ary of the Monument. and costs of providing services listed in sub- (1) make such expenditures for services and (h) CONFLICTS.—If there is conflict between section (a). materials for the purpose of carrying out this section and Proclamation 9811 (83 Fed. SEC. 2405. AUTHORITY TO GRANT EASEMENTS this section as the Commission considers ad- Reg. 54845; October 31, 2018), this section AND RIGHTS-OF-WAY OVER FEDERAL visable from funds appropriated or received shall control. LANDS WITHIN GATEWAY NATIONAL as gifts for that purpose; RECREATION AREA. (2) accept gifts, including funds from the Subtitle E—National Park System Section 3 of Public Law 92–592 (16 U.S.C. Management Adams Memorial Foundation, to be used in 460cc–2) is amended by adding at the end the carrying out this section or to be used in SEC. 2401. DENALI NATIONAL PARK AND PRE- following: connection with the construction or other ‘‘(j) AUTHORITY TO GRANT EASEMENTS AND SERVE NATURAL GAS PIPELINE. expenses of the memorial; and RIGHTS-OF-WAY.— (a) PERMIT.—Section 3(b)(1) of the Denali (3) hold hearings, enter into contracts for ‘‘(1) IN GENERAL.—The Secretary of the In- personal services and otherwise, and do such National Park Improvement Act (Public Law terior may grant, to any State or local gov- other things as are necessary to carry out 113–33; 127 Stat. 516) is amended by striking ernment, an easement or right-of-way over this section. ‘‘within, along, or near the approximately 7- Federal lands within Gateway National (j) REPORTS.—The Commission shall— mile segment of the George Parks Highway Recreation Area for construction, operation, that runs through the Park’’. (1) report the plans required by subsection and maintenance of projects for control and (h), together with recommendations, to the (b) TERMS AND CONDITIONS.—Section 3(c)(1) prevention of flooding and shoreline erosion. of the Denali National Park Improvement President and the Congress at the earliest ‘‘(2) CHARGES AND REIMBURSEMENT OF practicable date; and Act (Public Law 113–33; 127 Stat. 516) is COSTS.—The Secretary may grant such an amended— (2) in the interim, make annual reports on easement or right-of-way without charge for its progress to the President and the Con- (1) in subparagraph (A), by inserting ‘‘and’’ the value of the right so conveyed, except for after the semicolon; gress. reimbursement of costs incurred by the (k) APPLICABILITY OF OTHER LAWS.—The (2) by striking subparagraph (B); and United States for processing the application Federal Advisory Committee Act (5 U.S.C. (3) by redesignating subparagraph (C) as therefore and managing such right. Amounts App.) shall not apply to the Commission. subparagraph (B). received as such reimbursement shall be (l) TERMINATION.—The Commission shall (c) APPLICABLE LAW.—Section 3 of the credited to the relevant appropriation ac- terminate on December 2, 2025. Denali National Park Improvement Act count.’’. (m) AMENDMENTS TO PUBLIC LAW 107–62.— (Public Law 113–33; 127 Stat. 515) is amended SEC. 2406. ADAMS MEMORIAL COMMISSION. (1) REFERENCES TO COMMISSION.—Public by adding at the end the following: (a) COMMISSION.—There is established a Law 107–62 (115 Stat. 411) is amended by ‘‘(d) APPLICABLE LAW.—A high pressure gas commission to be known as the ‘‘Adams Me- striking ‘‘Adams Memorial Foundation’’ transmission pipeline (including appur- morial Commission’’ (referred to in this sec- each place it occurs and inserting ‘‘Adams tenances) in a nonwilderness area within the tion as the ‘‘Commission’’) for the purpose of Memorial Commission’’. boundary of the Park, shall not be subject to establishing a permanent memorial to honor (2) EXTENSION OF AUTHORIZATION.—Section title XI of the Alaska National Interest John Adams and his legacy as authorized by 1(c) of Public Law 107–62 (115 Stat. 411; 124 Lands Conservation Act (16 U.S.C. 3161 et Public Law 107–62 (115 Stat. 411), located in Stat. 1192; 127 Stat. 3880) is amended by seq.).’’. the city of Washington, District of Columbia, striking ‘‘2020’’ and inserting ‘‘2025’’. including sites authorized by Public Law 107– SEC. 2407. TECHNICAL CORRECTIONS TO REF- SEC. 2402. HISTORICALLY BLACK COLLEGES AND 315 (116 Stat. 2763). ERENCES TO THE AFRICAN AMER- UNIVERSITIES HISTORIC PRESERVA- (b) MEMBERSHIP.—The Commission shall be ICAN CIVIL RIGHTS NETWORK. TION PROGRAM REAUTHORIZED. composed of— (a) CHAPTER AMENDMENTS.—Chapter 3084 of Section 507(d)(2) of the Omnibus Parks and (1) 4 persons appointed by the President, title 54, United States Code, is amended by Public Lands Management Act of 1996 (54 not more than 2 of whom may be members of striking ‘‘U.S. Civil Rights Network’’ each U.S.C. 302101 note) is amended by striking the same political party; place it appears and inserting ‘‘African the period at the end and inserting ‘‘and (2) 4 Members of the Senate appointed by American Civil Rights Network’’ (using iden- each of fiscal years 2018 through 2024.’’. the President pro tempore of the Senate in tical font as used in the text being replaced).

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(b) AMENDMENTS TO LIST OF ITEMS.—The ‘‘(A) Notwithstanding any provision of the carried out under this section, including the list of items of title 54, United States Code, Lease to the contrary, if the State does not donation and distribution to Indian Tribes, is amended by striking ‘‘U.S. Civil Rights transfer the improvements as authorized in qualified volunteers, food banks, and other Network’’ each place it appears and inserting paragraph (1), and these improvements are organizations that work to address hunger, ‘‘African American Civil Rights Network’’ not used as or in support of a marine science in accordance with applicable health guide- (using identical font as used in the text laboratory, the State shall demolish and re- lines and such terms and conditions as the being replaced). move the improvements and restore the land Secretary may require.’’. (c) REFERENCES.—Any reference in any law in accordance with the standards set forth (b) CLERICAL AMENDMENT.—The table of (other than in this section), regulation, doc- by the National Park Service, free of unac- sections for chapter 1049 of title 54 (as ument, record, map, or other paper of the ceptable encumbrances and in compliance amended by section 2409(b)), United States United States to the ‘‘U.S. Civil Rights Net- with all applicable laws and regulations re- Code, is amended by inserting after the item work’’ shall be considered to be a reference garding known contaminants. relating to section 104908 the following: to the ‘‘African American Civil Rights Net- ‘‘(B) If the National Oceanic and Atmos- ‘‘104909. Wildlife management in parks.’’. work’’. pheric Administration accepts the improve- SEC. 2411. POTTAWATTAMIE COUNTY REVER- SEC. 2408. TRANSFER OF THE JAMES J. HOWARD ments as authorized in paragraph (1) and SIONARY INTEREST. MARINE SCIENCES LABORATORY. these improvements are not used as or in Section 2 of Public Law 101–191 (103 Stat. Section 7 of Public Law 100–515 (16 U.S.C. support of a marine science laboratory, the 1244 note) is amended by striking subsection 1697) is amended by adding at the end the fol- National Oceanic and Atmospheric Adminis- (b) and inserting the following: lowing: ONVEYANCE OF EVERSIONARY NTER ‘‘(b) TRANSFER FROM THE STATE TO THE NA- tration shall be responsible for demolishing ‘‘(g) C R I - TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- and removing these improvements and re- EST.— TRATION.— storing the land, in accordance with the ‘‘(1) IN GENERAL.—If the Secretary deter- ‘‘(1) IN GENERAL.—Notwithstanding any standards set forth by the National Park mines that it is no longer in the public inter- other provision of law, or the provisions of Service, free of unacceptable encumbrances est to operate and maintain the center, sub- the August 13, 1991, Ground Lease Agreement and in compliance with all applicable laws ject to paragraph (2), the Secretary may (‘Lease’) between the Department of the In- and regulations regarding known contami- enter into 1 or more agreements— terior and the State of New Jersey (‘State’), nants.’’. ‘‘(A) to convey the reversionary interest upon notice to the National Park Service, SEC. 2409. BOWS IN PARKS. held by the United States and described in the State may transfer without consider- (a) IN GENERAL.—Chapter 1049 of title 54, the quitclaim deed dated April 13, 1998, in- ation, and the National Oceanic and Atmos- United States Code, is amended by adding at strument number 19170, and as recorded in pheric Administration may accept, all State the end the following: book 98, page 55015, in Pottawattamie Coun- improvements within the land assignment ‘‘§ 104908. Bows in parks ty, Iowa (referred to in this subsection as the ‘deed’); and and right of way, including the James J. ‘‘(a) DEFINITION OF NOT READY FOR IMME- Howard Marine Sciences Laboratory (‘Lab- ‘‘(B) to extinguish the requirement in the DIATE USE.—The term ‘not ready for imme- deed that alterations to structures on the oratory’), two parking lots, and the seawater diate use’ means— supply and backflow pipes as generally de- property may not be made without the au- ‘‘(1) a bow or crossbow, the arrows of which thorization of the Secretary. picted on the map entitled ‘Gateway Na- are secured or stowed in a quiver or other ‘‘(2) CONSIDERATION.—A reversionary inter- tional Recreation Area, James J. Howard arrow transport case; and Marine Science Laboratory Land Assign- est may be conveyed under paragraph ‘‘(2) with respect to a crossbow, uncocked. (1)(A)— ment’, numbered 646/142,581A, and dated ‘‘(b) VEHICULAR TRANSPORTATION AUTHOR- ‘‘(A) without consideration, if the land sub- April 2018 (‘Map’) and any related State per- IZED.—The Director shall not promulgate or ject to the reversionary interest is required sonal property. enforce any regulation that prohibits an in- to be used in perpetuity for public rec- ‘‘(2) LEASE AMENDMENT.—Upon the transfer dividual from transporting bows and cross- reational, educational, or similar purposes; authorized in paragraph (1), the Lease shall bows that are not ready for immediate use or be amended to exclude any obligations of the across any System unit in the vehicle of the ‘‘(B) for consideration in an amount equal State and the Department of the Interior re- individual if— to the fair market value of the reversionary lated to the Laboratory and associated prop- ‘‘(1) the individual is not otherwise prohib- interest, as determined based on an appraisal erty and improvements transferred to the ited by law from possessing the bows and that is conducted in accordance with— National Oceanic and Atmospheric Adminis- crossbows; ‘‘(i) the Uniform Appraisal Standards for tration. However, all obligations of the State ‘‘(2) the bows or crossbows that are not Federal Land Acquisitions; and to rehabilitate Building 74 and modify land- ready for immediate use remain inside the ‘‘(ii) the Uniform Standards of Professional scaping on the surrounding property as de- vehicle of the individual throughout the pe- Appraisal Practice. picted on the Map, under the Lease and pur- riod during which the bows or crossbows are ‘‘(3) EXECUTION OF AGREEMENTS.—The Sec- suant to subsection (a), shall remain in full transported across System land; and retary shall execute appropriate instruments force and effect. ‘‘(3) the possession of the bows and cross- to carry out an agreement entered into ‘‘(3) USE BY THE NATIONAL OCEANIC AND AT- bows is in compliance with the law of the under paragraph (1). MOSPHERIC ADMINISTRATION.—Upon the trans- State in which the System unit is located.’’. ‘‘(4) EFFECT ON PRIOR AGREEMENT.—Effec- fer authorized in paragraph (1), the Adminis- (b) CLERICAL AMENDMENT.—The table of tive on the date on which the Secretary has trator of the National Oceanic and Atmos- sections for chapter 1049 of title 54, United executed instruments under paragraph (3) pheric Administration is authorized to use States Code, is amended by inserting after and all Federal interests in the land and the land generally depicted on the Map as a the item relating to section 104907 the fol- properties acquired under this Act have been land assignment and right of way and associ- lowing: ated land and appurtenances for continued conveyed, the agreement between the Na- ‘‘104908. Bows in parks.’’. use of the Laboratory, including providing tional Park Service and the State Historical maintenance and repair, and access to the SEC. 2410. WILDLIFE MANAGEMENT IN PARKS. Society of Iowa, dated July 21, 1995, and en- Laboratory, the parking lots and the sea- (a) IN GENERAL.—Chapter 1049 of title 54, tered into under subsection (d), shall have no water supply and back flow pipes, without United States Code (as amended by section force or effect.’’. consideration, except for reimbursement to 2409(a)), is amended by adding at the end the SEC. 2412. DESIGNATION OF DEAN STONE the National Park Service of agreed upon following: BRIDGE. reasonable actual costs of subsequently pro- ‘‘§ 104909. Wildlife management in parks (a) DESIGNATION.—The bridge located in vided goods and services. ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the Blount County, Tennessee, on the Foothills ‘‘(4) AGREEMENT BETWEEN THE NATIONAL Secretary determines it is necessary to re- Parkway (commonly known as ‘‘Bridge 2’’) PARK SERVICE AND THE NATIONAL OCEANIC AND duce the size of a wildlife population on Sys- shall be known and designated as the ‘‘Dean ATMOSPHERIC ADMINISTRATION.—Upon the tem land in accordance with applicable law Stone Bridge’’. transfer authorized in paragraph (1), the Di- (including regulations), the Secretary may (b) REFERENCES.—Any reference in a law, rector of the National Park Service and the use qualified volunteers to assist in carrying map, regulation, document, paper, or other Administrator of the National Oceanic and out wildlife management on System land. record of the United States to the bridge re- Atmospheric Administration shall enter into ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN- ferred to in subsection (a) shall be deemed to an agreement addressing responsibilities per- TEERS.—Qualified volunteers providing as- be a reference to the ‘‘Dean Stone Bridge’’. taining to the use of the land assignment sistance under subsection (a) shall be subject Subtitle F—National Trails and Related within the Sandy Hook Unit of the Gateway to— Matters National Recreation Area as authorized in ‘‘(1) any training requirements or quali- SEC. 2501. NORTH COUNTRY SCENIC TRAIL paragraph (3). The agreement shall prohibit fications established by the Secretary; and ROUTE ADJUSTMENT. any new construction on this land, perma- ‘‘(2) any other terms and conditions that Section 5(a)(8) of the National Trails Sys- nent or nonpermanent, or significant alter- the Secretary may require. tem Act (16 U.S.C. 1244(a)(8)) is amended in ation to the exterior of the Laboratory, ‘‘(c) DONATIONS.—The Secretary may au- the first sentence— without National Park Service approval. thorize the donation and distribution of (1) by striking ‘‘thirty two hundred miles, ‘‘(5) RESTORATION.— meat from wildlife management activities extending from eastern New York State’’ and

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S974 CONGRESSIONAL RECORD — SENATE February 6, 2019 inserting ‘‘4,600 miles, extending from the (2) by striking ‘‘There’’ and inserting the (1) notify the landowner of the program; Appalachian Trail in Vermont’’; and following: and (2) by striking ‘‘Proposed North Country ‘‘(a) IN GENERAL.—There’’; and (2) make available information on the con- Trail’’ and all that follows through ‘‘June (3) by adding at the end the following: servation program options that may be 1975.’’ and inserting ‘‘ ‘North Country Na- ‘‘(b) ALLOCATION OF FUNDS.—Of the total available to the landowner. tional Scenic Trail, Authorized Route’, dated amount made available to the Fund through TITLE IV—SPORTSMEN’S ACCESS AND February 2014, and numbered 649/116870.’’. appropriations or deposited in the Fund RELATED MATTERS under section 105(a)(2)(B) of the Gulf of Mex- SEC. 2502. EXTENSION OF LEWIS AND CLARK NA- Subtitle A—National Policy TIONAL HISTORIC TRAIL. ico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)— SEC. 4001. CONGRESSIONAL DECLARATION OF (a) EXTENSION.—Section 5(a)(6) of the Na- NATIONAL POLICY. tional Trails System Act (16 U.S.C. 1244(a)(6)) ‘‘(1) not less than 40 percent shall be used (a) IN GENERAL.—Congress declares that it for Federal purposes; and is amended— is the policy of the United States that Fed- ‘‘(2) not less than 40 percent shall be used (1) by striking ‘‘three thousand seven hun- eral departments and agencies, in accord- to provide financial assistance to States.’’. dred’’ and inserting ‘‘4,900’’; ance with the missions of the departments (c) PARITY FOR TERRITORIES AND THE DIS- (2) by striking ‘‘Wood River, Illinois,’’ and and agencies, Executive Orders 12962 and inserting ‘‘the Ohio River in Pittsburgh, TRICT OF COLUMBIA.—Section 200305(b) of title 54, United States Code, is amended by strik- 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Pennsylvania,’’; and Reg. 46537 (August 16, 2007)), and applicable (3) by striking ‘‘maps identified as, ‘Vicin- ing paragraph (5). (d) RECREATIONAL PUBLIC ACCESS.—Section law, shall— ity Map, Lewis and Clark Trail’ study report (1) facilitate the expansion and enhance- dated April 1977.’’ and inserting ‘‘the map en- 200306 of title 54, United States Code, is amended by adding at the end the following: ment of hunting, fishing, and recreational titled ‘Lewis and Clark National Historic shooting opportunities on Federal land, in Trail Authorized Trail Including Proposed ‘‘(c) RECREATIONAL PUBLIC ACCESS.— ‘‘(1) IN GENERAL.—Of the amounts made consultation with the Wildlife and Hunting Eastern Legacy Extension’, dated April 2018, Heritage Conservation Council, the Sport and numbered 648/143721.’’. available for expenditure in any fiscal year under section 200303, there shall be made Fishing and Boating Partnership Council, (b) EFFECTIVE DATE.—The amendments State and Tribal fish and wildlife agencies, made by subsection (a) shall take effect on available for recreational public access projects identified on the priority list devel- and the public; the date that is 60 days after the date of en- (2) conserve and enhance aquatic systems actment of this Act. oped under paragraph (2) not less than the greater of— and the management of game species and the SEC. 2503. AMERICAN DISCOVERY TRAIL SIGN- habitat of those species on Federal land, in- AGE. ‘‘(A) an amount equal to 3 percent of those amounts; or cluding through hunting and fishing, in a (a) DEFINITIONS.—In this section: ‘‘(B) $15,000,000. manner that respects— (1) SECRETARY CONCERNED.—The term ‘‘Sec- (A) State management authority over retary concerned’’ means— ‘‘(2) PRIORITY LIST.—The Secretary and the Secretary of Agriculture, in consultation wildlife resources; and (A) the Secretary, with respect to Federal (B) private property rights; and land under the jurisdiction of the Secretary; with the head of each affected Federal agen- cy, shall annually develop a priority list for (3) consider hunting, fishing, and rec- or reational shooting opportunities as part of (B) the Secretary of Agriculture, with re- projects that, through acquisition of land (or an interest in land), secure recreational pub- all Federal plans for land, resource, and trav- spect to Federal land under the jurisdiction el management. of the Secretary of Agriculture. lic access to Federal land under the jurisdic- tion of the applicable Secretary for hunting, (b) EXCLUSION.—In this title, the term (2) TRAIL.—The term ‘‘Trail’’ means the fishing, recreational shooting, or other out- ‘‘fishing’’ does not include commercial fish- trail known as the ‘‘American Discovery ing in which fish are harvested, either in Trail’’, which consists of approximately 6,800 door recreational purposes.’’. (e) ACQUISITION CONSIDERATIONS.—Section whole or in part, that are intended to enter miles of trails extending from Cape Henlopen 200306 of title 54, United States Code (as commerce through sale. State Park in Delaware to Point Reyes Na- amended by subsection (d)), is amended by Subtitle B—Sportsmen’s Access to Federal tional Seashore in California, as generally adding at the end the following: Land described in volume 2 of the National Park ‘‘(d) ACQUISITION CONSIDERATIONS.—In de- Service feasibility study dated June 1995. SEC. 4101. DEFINITIONS. termining whether to acquire land (or an in- (b) SIGNAGE AUTHORIZED.—As soon as prac- In this subtitle: terest in land) under this section, the Sec- ticable after the date on which signage ac- (1) FEDERAL LAND.—The term ‘‘Federal retary and the Secretary of Agriculture shall ceptable to the Secretary concerned is do- land’’ means— take into account— nated to the United States for placement on (A) any land in the National Forest Sys- ‘‘(1) the significance of the acquisition; Federal land at points along the Trail, the tem (as defined in section 11(a) of the Forest ‘‘(2) the urgency of the acquisition; Secretary concerned shall place the signage and Rangeland Renewable Resources Plan- ‘‘(3) management efficiencies; on the Federal land. ning Act of 1974 (16 U.S.C. 1609(a))) that is ad- ‘‘(4) management cost savings; (c) NO FEDERAL FUNDS.—No Federal funds ministered by the Secretary of Agriculture, may be used to acquire signage authorized ‘‘(5) geographic distribution; acting through the Chief of the Forest Serv- for placement under subsection (b). ‘‘(6) threats to the integrity of the land; ice; and and (B) public lands (as defined in section 103 of SEC. 2504. PIKE NATIONAL HISTORIC TRAIL ‘‘(7) the recreational value of the land.’’. STUDY. the Federal Land Policy and Management Section 5(c) of the National Trails System SEC. 3002. CONSERVATION INCENTIVES LAND- Act of 1976 (43 U.S.C. 1702)), the surface of OWNER EDUCATION PROGRAM. Act (16 U.S.C. 1244(c)) is amended by adding which is administered by the Secretary, act- (a) IN GENERAL.—Not later than 1 year at the end the following: ing through the Director of the Bureau of after the date of enactment of this Act, the ‘‘(46) PIKE NATIONAL HISTORIC TRAIL.—The Land Management. Secretary shall establish a conservation in- Pike National Historic Trail, a series of (2) SECRETARY CONCERNED.—The term ‘‘Sec- centives landowner education program (re- routes extending approximately 3,664 miles, retary concerned’’ means— ferred to in this section as the ‘‘program’’). which follows the route taken by Lt. Zebulon (A) the Secretary of Agriculture, with re- (b) PURPOSE OF PROGRAM.—The program Montgomery Pike during the 1806–1807 Pike spect to land described in paragraph (1)(A); shall provide information on Federal con- expedition that began in Fort Bellefontaine, and servation programs available to landowners Missouri, extended through portions of the (B) the Secretary, with respect to land de- interested in undertaking conservation ac- States of Kansas, Nebraska, Colorado, New scribed in paragraph (1)(B). tions on the land of the landowners, includ- Mexico, and Texas, and ended in SEC. 4102. FEDERAL LAND OPEN TO HUNTING, ing options under each conservation program Natchitoches, Louisiana.’’. FISHING, AND RECREATIONAL available to achieve the conservation goals SHOOTING. TITLE III—CONSERVATION of the program, such as— (a) IN GENERAL.—Subject to subsection (b), AUTHORIZATIONS (1) fee title land acquisition; Federal land shall be open to hunting, fish- SEC. 3001. REAUTHORIZATION OF LAND AND (2) donation; and ing, and recreational shooting, in accordance WATER CONSERVATION FUND. (3) perpetual and term conservation ease- with applicable law, unless the Secretary (a) IN GENERAL.—Section 200302 of title 54, ments or agreements. concerned closes an area in accordance with United States Code, is amended— (c) AVAILABILITY.—The Secretary shall en- section 4103. (1) in subsection (b), in the matter pre- sure that the information provided under the (b) EFFECT OF PART.—Nothing in this sub- ceding paragraph (1), by striking ‘‘During program is made available to— title opens to hunting, fishing, or rec- the period ending September 30, 2018, there’’ (1) interested landowners; and reational shooting any land that is not open and inserting ‘‘There’’; and (2) the public. to those activities as of the date of enact- (2) in subsection (c)(1), by striking (d) NOTIFICATION.—In any case in which the ment of this Act. ‘‘through September 30, 2018’’. Secretary contacts a landowner directly SEC. 4103. CLOSURE OF FEDERAL LAND TO HUNT- (b) ALLOCATION OF FUNDS.—Section 200304 about participation in a Federal conserva- ING, FISHING, AND RECREATIONAL of title 54, United States Code, is amended— tion program, the Secretary shall, in writ- SHOOTING. (1) by striking the second sentence; ing— (a) AUTHORIZATION.—

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S975

(1) IN GENERAL.—Subject to paragraph (2) arate public notice and opportunity to com- 4.10 of title 36, Code of Federal Regulations and in accordance with section 302(b) of the ment in accordance with subsection (b)(2). (or successor regulations); Federal Land Policy and Management Act of (d) REPORTING.—On an annual basis, the (B) with respect to land under the jurisdic- 1976 (43 U.S.C. 1732(b)), the Secretary con- Secretaries concerned shall— tion of the United States Fish and Wildlife cerned may designate any area on Federal (1) publish on a public website a list of all Service, on the land under a comprehensive land in which, and establish any period dur- areas of Federal land temporarily or perma- conservation plan prepared under section ing which, for reasons of public safety, ad- nently subject to a closure under this sec- 4(e) of the National Wildlife Refuge System ministration, or compliance with applicable tion; and Administration Act of 1966 (16 U.S.C. laws, no hunting, fishing, or recreational (2) submit to the Committee on Energy and 668dd(e)); shooting shall be permitted. Natural Resources and the Committee on (C) with respect to land under the jurisdic- (2) REQUIREMENT.—In making a designation Agriculture, Nutrition, and Forestry of the tion of the Forest Service, on National For- under paragraph (1), the Secretary concerned Senate and the Committee on Natural Re- est System land under part 212 of title 36, shall designate the smallest area for the sources and the Committee on Agriculture of Code of Federal Regulations (or successor least amount of time that is required for the House of Representatives a report that regulations); and public safety, administration, or compliance identifies— (D) with respect to land under the jurisdic- with applicable laws. (A) a list of each area of Federal land tem- tion of the Bureau of Land Management, (b) CLOSURE PROCEDURES.— porarily or permanently subject to a closure; under a resource management plan devel- (1) IN GENERAL.—Except in an emergency, (B) the acreage of each closure; and oped under the Federal Land Policy and before permanently or temporarily closing (C) a survey of— Management Act of 1976 (43 U.S.C. 1701 et any Federal land to hunting, fishing, or rec- (i) the aggregate areas and acreage closed seq.). under this section in each State; and reational shooting, the Secretary concerned (b) PRIORITY LISTS REQUIRED.— (ii) the percentage of Federal land in each shall— (1) IN GENERAL.—Not later than 1 year after (A) consult with State fish and wildlife State closed under this section with respect the date of enactment of this Act, and bien- agencies; and to hunting, fishing, and recreational shoot- nially thereafter during the 10-year period (B) provide public notice and opportunity ing. beginning on the date on which the first pri- for comment under paragraph (2). (e) APPLICATION.—This section shall not ority list is completed, the Secretary shall (2) PUBLIC NOTICE AND COMMENT.— apply if the closure is— prepare a priority list, to be made publicly (A) IN GENERAL.—Public notice and com- (1) less than 14 days in duration; and available on the website of the applicable ment shall include— (2) covered by a special use permit. Federal agency referred to in subsection (i) a notice of intent— SEC. 4104. SHOOTING RANGES. (a)(1), which shall identify the location and (I) published in advance of the public com- (a) IN GENERAL.—Except as provided in acreage of land within the jurisdiction of ment period for the closure— subsection (b), the Secretary concerned may, each State or regional office on which the (aa) in the Federal Register; in accordance with this section and other ap- public is allowed, under Federal or State (bb) on the website of the applicable Fed- plicable law, lease or permit the use of Fed- law, to hunt, fish, or use the land for other eral agency; eral land for a shooting range. recreational purposes but— (cc) on the website of the Federal land (b) EXCEPTION.—The Secretary concerned (A) to which there is no public access or unit, if available; and shall not lease or permit the use of Federal egress; or (dd) in at least 1 local newspaper; land for a shooting range within— (B) to which public access or egress to the (II) made available in advance of the public (1) a component of the National Landscape legal boundaries of the land is significantly comment period to local offices, chapters, Conservation System; restricted (as determined by the Secretary). and affiliate organizations in the vicinity of (2) a component of the National Wilderness (2) MINIMUM SIZE.—Any land identified the closure that are signatories to the Preservation System; under paragraph (1) shall consist of contig- memorandum of understanding entitled (3) any area that is— uous acreage of at least 640 acres. ‘‘Federal Lands Hunting, Fishing, and Shoot- (A) designated as a wilderness study area; (3) CONSIDERATIONS.—In preparing the pri- ing Sports Roundtable Memorandum of Un- (B) administratively classified as— ority list required under paragraph (1), the derstanding’’; and (i) wilderness-eligible; or Secretary shall consider, with respect to the (III) that describes— (ii) wilderness-suitable; or land— (aa) the proposed closure; and (C) a primitive or semiprimitive area; (A) whether access is absent or merely re- (bb) the justification for the proposed clo- (4) a national monument, national volcanic stricted, including the extent of the restric- sure, including an explanation of the reasons monument, or national scenic area; or tion; and necessity for the decision to close the (5) a component of the National Wild and (B) the likelihood of resolving the absence area to hunting, fishing, or recreational Scenic Rivers System (including areas des- of or restriction to public access; shooting; and ignated for study for potential addition to (C) the potential for recreational use; (ii) an opportunity for public comment for the National Wild and Scenic Rivers Sys- (D) any information received from the pub- a period of— tem). lic or other stakeholders during the nomina- (I) not less than 60 days for a permanent SEC. 4105. IDENTIFYING OPPORTUNITIES FOR tion process described in paragraph (5); and closure; or RECREATION, HUNTING, AND FISH- (E) any other factor, as determined by the (II) not less than 30 days for a temporary ING ON FEDERAL LAND. Secretary. closure. (a) DEFINITIONS.—In this section: (4) ADJACENT LAND STATUS.—For each par- (B) FINAL DECISION.—In a final decision to (1) SECRETARY.—The term ‘‘Secretary’’ cel of land on the priority list, the Secretary permanently or temporarily close an area to means— shall include in the priority list whether re- hunting, fishing, or recreation shooting, the (A) the Secretary, with respect to land ad- solving the issue of public access or egress to Secretary concerned shall— ministered by— the land would require acquisition of an (i) respond in a reasoned manner to the (i) the Director of the National Park Serv- easement, right-of-way, or fee title from— comments received; ice; (A) another Federal agency; (ii) explain how the Secretary concerned (ii) the Director of the United States Fish (B) a State, local, or Tribal government; or resolved any significant issues raised by the and Wildlife Service; and (C) a private landowner. comments; and (iii) the Director of the Bureau of Land (5) NOMINATION PROCESS.—In preparing a (iii) show how the resolution led to the clo- Management; and priority list under this section, the Sec- sure. (B) the Secretary of Agriculture, with re- retary shall provide an opportunity for mem- (c) TEMPORARY CLOSURES.— spect to land administered by the Chief of bers of the public to nominate parcels for in- (1) IN GENERAL.—A temporary closure the Forest Service. clusion on the priority list. under this section may not exceed a period of (2) STATE OR REGIONAL OFFICE.—The term (c) ACCESS OPTIONS.—With respect to land 180 days. ‘‘State or regional office’’ means— included on a priority list described in sub- (2) RENEWAL.—Except in an emergency, a (A) a State office of the Bureau of Land temporary closure for the same area of land Management; or section (b), the Secretary shall develop and closed to the same activities— (B) a regional office of— submit to the Committees on Appropriations (A) may not be renewed more than 3 times (i) the National Park Service; and Energy and Natural Resources of the after the first temporary closure; and (ii) the United States Fish and Wildlife Senate and the Committees on Appropria- (B) must be subject to a separate notice Service; or tions and Natural Resources of the House of and comment procedure in accordance with (iii) the Forest Service. Representatives a report on options for pro- subsection (b)(2). (3) TRAVEL MANAGEMENT PLAN.—The term viding access that— (3) EFFECT OF TEMPORARY CLOSURE.—Any ‘‘travel management plan’’ means a plan for (1) identifies how public access and egress Federal land that is temporarily closed to the management of travel— could reasonably be provided to the legal hunting, fishing, or recreational shooting (A) with respect to land under the jurisdic- boundaries of the land in a manner that under this section shall not become perma- tion of the National Park Service, on park minimizes the impact on wildlife habitat and nently closed to that activity without a sep- roads and designated routes under section water quality;

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S976 CONGRESSIONAL RECORD — SENATE February 6, 2019 (2) specifies the steps recommended to se- not affect any other information that is sub- searchable database containing, with respect cure the access and egress, including acquir- ject to a nondisclosure provision in a settle- to each award of fees and other expenses ing an easement, right-of-way, or fee title ment agreement. under this subsection made on or after the from a willing owner of any land that abuts ‘‘(f) As soon as practicable, and in any date of enactment of the Natural Resources the land or the need to coordinate with State event not later than the date on which the Management Act, the following information: land management agencies or other Federal, first report under subsection (e)(1) is re- ‘‘(A) The case name and number, State, or Tribal governments to allow for quired to be submitted, the Chairman of the hyperlinked to the case, if available. such access and egress; and Administrative Conference of the United ‘‘(B) The name of the agency involved in (3) is consistent with the travel manage- States shall create and maintain online a the case. ment plan in effect on the land. searchable database containing, with respect ‘‘(C) The name of each party to whom the (d) PROTECTION OF PERSONALLY IDENTI- to each award of fees and other expenses award was made as such party is identified FYING INFORMATION.—In making the priority under this section made on or after the date in the order or other court document making list and report prepared under subsections of enactment of the Natural Resources Man- the award. (b) and (c) available, the Secretary shall en- agement Act, the following information: ‘‘(D) A description of the claims in the sure that no personally identifying informa- ‘‘(1) The case name and number of the ad- case. tion is included, such as names or addresses versary adjudication, if available, ‘‘(E) The amount of the award. of individuals or entities. hyperlinked to the case, if available. ‘‘(F) The basis for the finding that the po- (e) WILLING OWNERS.—For purposes of pro- ‘‘(2) The name of the agency involved in sition of the agency concerned was not sub- viding any permits to, or entering into the adversary adjudication. stantially justified. agreements with, a State, local, or Tribal ‘‘(3) A description of the claims in the ad- ‘‘(7) The online searchable database de- government or private landowner with re- versary adjudication. scribed in paragraph (6) may not reveal any spect to the use of land under the jurisdic- ‘‘(4) The name of each party to whom the information the disclosure of which is pro- tion of the government or landowner, the award was made as such party is identified hibited by law or a court order. Secretary shall not take into account wheth- in the order or other court document making ‘‘(8) The head of each agency (including the er the State, local, or Tribal government or the award. Attorney General of the United States) shall private landowner has granted or denied pub- ‘‘(5) The amount of the award. provide to the Chairman of the Administra- lic access or egress to the land. ‘‘(6) The basis for the finding that the posi- tive Conference of the United States in a (f) MEANS OF PUBLIC ACCESS AND EGRESS tion of the agency concerned was not sub- timely manner all information requested by INCLUDED.—In considering public access and stantially justified. the Chairman to comply with the require- egress under subsections (b) and (c), the Sec- ‘‘(g) The online searchable database de- ments of paragraphs (5), (6), and (7).’’. retary shall consider public access and egress scribed in subsection (f) may not reveal any (3) TECHNICAL AND CONFORMING AMEND- to the legal boundaries of the land described information the disclosure of which is pro- MENTS.—Section 2412 of title 28, United in those subsections, including access and hibited by law or a court order. States Code, is amended— egress— ‘‘(h) The head of each agency shall provide (A) in subsection (d)(3), by striking (1) by motorized or non-motorized vehicles; to the Chairman of the Administrative Con- ‘‘United States Code,’’; and and ference of the United States in a timely (B) in subsection (e)— (2) on foot or horseback. manner all information requested by the (i) by striking ‘‘of section 2412 of title 28, (g) EFFECT.— Chairman to comply with the requirements United States Code,’’ and inserting ‘‘of this (1) IN GENERAL.—This section shall have no of subsections (e), (f), and (g).’’. effect on whether a particular recreational section’’; and (2) COURT CASES.—Section 2412(d) of title (ii) by striking ‘‘of such title’’ and insert- use shall be allowed on the land included in 28, United States Code, is amended by adding a priority list under this section. ing ‘‘of this title’’. at the end the following: (b) JUDGMENT FUND TRANSPARENCY.—Sec- (2) EFFECT OF ALLOWABLE USES ON AGENCY ‘‘(5)(A) Not later than March 31 of the first tion 1304 of title 31, United States Code, is CONSIDERATION.—In preparing the priority fiscal year beginning after the date of enact- amended by adding at the end the following: list under subsection (b), the Secretary shall ment of the Natural Resources Management only consider recreational uses that are al- ‘‘(d) Beginning not later than the date that Act, and every fiscal year thereafter, the is 60 days after the date of enactment of the lowed on the land at the time that the pri- Chairman of the Administrative Conference ority list is prepared. Natural Resources Management Act, and un- of the United States shall submit to Con- less the disclosure of such information is Subtitle C—Open Book on Equal Access to gress and make publicly available online a otherwise prohibited by law or a court order, Justice report on the amount of fees and other ex- the Secretary of the Treasury shall make SEC. 4201. FEDERAL ACTION TRANSPARENCY. penses awarded during the preceding fiscal available to the public on a website, as soon (a) MODIFICATION OF EQUAL ACCESS TO JUS- year pursuant to this subsection. as practicable, but not later than 30 days TICE PROVISIONS.— ‘‘(B) Each report under subparagraph (A) after the date on which a payment under this (1) AGENCY PROCEEDINGS.—Section 504 of shall describe the number, nature, and section is tendered, the following informa- title 5, United States Code, is amended— amount of the awards, the claims involved in tion with regard to that payment: (A) in subsection (c)(1), by striking ‘‘, the controversy, and any other relevant in- ‘‘(1) The name of the specific agency or en- United States Code’’; formation that may aid Congress in evalu- tity whose actions gave rise to the claim or (B) by redesignating subsection (f) as sub- ating the scope and impact of such awards. judgment. ‘‘(C)(i) Each report under subparagraph (A) section (i); and ‘‘(2) The name of the plaintiff or claimant. shall account for all payments of fees and (C) by striking subsection (e) and inserting ‘‘(3) The name of counsel for the plaintiff other expenses awarded under this sub- the following: or claimant. section that are made pursuant to a settle- ‘‘(e)(1) Not later than March 31 of the first ‘‘(4) The amount paid representing prin- ment agreement, regardless of whether the fiscal year beginning after the date of enact- cipal liability, and any amounts paid rep- settlement agreement is sealed or otherwise ment of the Natural Resources Management resenting any ancillary liability, including subject to a nondisclosure provision. Act, and every fiscal year thereafter, the attorney fees, costs, and interest. ‘‘(ii) The disclosure of fees and other ex- Chairman of the Administrative Conference ‘‘(5) A brief description of the facts that penses required under clause (i) shall not af- of the United States, after consultation with gave rise to the claim. fect any other information that is subject to the Chief Counsel for Advocacy of the Small ‘‘(6) The name of the agency that sub- a nondisclosure provision in a settlement Business Administration, shall submit to mitted the claim.’’. Congress and make publicly available online agreement. a report on the amount of fees and other ex- ‘‘(D) The Chairman of the Administrative Subtitle D—Migratory Bird Framework and penses awarded during the preceding fiscal Conference of the United States shall include Hunting Opportunities for Veterans year under this section. and clearly identify in each annual report SEC. 4301. FEDERAL CLOSING DATE FOR HUNT- ‘‘(2) Each report under paragraph (1) shall under subparagraph (A), for each case in ING OF DUCKS, MERGANSERS, AND describe the number, nature, and amount of which an award of fees and other expenses is COOTS. the awards, the claims involved in the con- included in the report— Section 3 of the Migratory Bird Treaty Act troversy, and any other relevant information ‘‘(i) any amounts paid under section 1304 of (16 U.S.C. 704) is amended by adding at the that may aid Congress in evaluating the title 31 for a judgment in the case; end the following: scope and impact of such awards. ‘‘(ii) the amount of the award of fees and ‘‘(c) FEDERAL FRAMEWORK CLOSING DATE ‘‘(3)(A) Each report under paragraph (1) other expenses; and FOR HUNTING OF DUCKS, MERGANSERS, AND shall account for all payments of fees and ‘‘(iii) the statute under which the plaintiff COOTS.— other expenses awarded under this section filed suit. ‘‘(1) REGULATIONS RELATING TO FRAMEWORK that are made pursuant to a settlement ‘‘(6) As soon as practicable, and in any CLOSING DATE.— agreement, regardless of whether the settle- event not later than the date on which the ‘‘(A) IN GENERAL.—In promulgating regula- ment agreement is sealed or otherwise sub- first report under paragraph (5)(A) is re- tions under subsection (a) relating to the ject to a nondisclosure provision. quired to be submitted, the Chairman of the Federal framework for the closing date up to ‘‘(B) The disclosure of fees and other ex- Administrative Conference of the United which the States may select seasons for mi- penses required under subparagraph (A) shall States shall create and maintain online a gratory bird hunting, except as provided in

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S977 paragraph (2), the Secretary shall, with re- SEC. 4403. STATE AUTHORITY FOR FISH AND (III) recommendations for, and progress to- spect to the hunting season for ducks, mer- WILDLIFE. wards, establishing new, or enhancing exist- gansers, and coots— Nothing in this title— ing, partnerships to leverage resources. ‘‘(i) subject to subparagraph (B), adopt the (1) authorizes the Secretary of Agriculture (B) ADVISORY COMMITTEE.—The Secretary recommendation of each respective flyway or the Secretary to require Federal licenses shall establish an advisory committee to as- council (as defined in section 20.152 of title or permits to hunt and fish on Federal land; sist the Secretary in implementing the Sys- 50, Code of Federal Regulations) for the Fed- or tem, to be comprised of representatives of eral framework if the Secretary determines (2) enlarges or diminishes the responsi- relevant agencies and members of the sci- that the recommendation is consistent with bility or authority of States with respect to entific community, to be appointed by the science-based and sustainable harvest man- fish and wildlife management. Secretary. agement; and (C) PARTNERSHIPS.—The Secretary may TITLE V—HAZARDS AND MAPPING ‘‘(ii) allow the States to establish the clos- enter into cooperative agreements with in- ing date for the hunting season in accord- SEC. 5001. NATIONAL VOLCANO EARLY WARNING stitutions of higher education and State ance with the Federal framework. AND MONITORING SYSTEM. agencies designating the institutions of ‘‘(B) REQUIREMENT.—The framework clos- (a) DEFINITIONS.—In this section: higher education and State agencies as vol- ing date promulgated by the Secretary under (1) SECRETARY.—The term ‘‘Secretary’’ cano observatory partners for the System. subparagraph (A) shall not be later than Jan- means the Secretary, acting through the Di- (D) COORDINATION.—The Secretary shall co- uary 31 of each year. rector of the United States Geological Sur- ordinate the activities under this section ‘‘(2) SPECIAL HUNTING DAYS FOR YOUTHS, vey. with the heads of relevant Federal agencies, VETERANS, AND ACTIVE MILITARY PER- (2) SYSTEM.—The term ‘‘System’’ means including— SONNEL.— the National Volcano Early Warning and (i) the Secretary of Transportation; ‘‘(A) IN GENERAL.—Notwithstanding the Monitoring System established under sub- (ii) the Administrator of the Federal Avia- Federal framework closing date under para- section (b)(1)(A). tion Administration; graph (1) and subject to subparagraphs (B) (b) NATIONAL VOLCANO EARLY WARNING AND (iii) the Administrator of the National Oce- and (C), the Secretary shall allow States to MONITORING SYSTEM.— anic and Atmospheric Administration; and select 2 days for youths and 2 days for vet- (1) ESTABLISHMENT.— (iv) the Administrator of the Federal erans (as defined in section 101 of title 38, (A) IN GENERAL.—The Secretary shall es- Emergency Management Agency. United States Code) and members of the tablish within the United States Geological (4) ANNUAL REPORT.—Annually, the Sec- Armed Forces on active duty, including Survey a system, to be known as the ‘‘Na- retary shall submit to Congress a report that members of the National Guard and Reserves tional Volcano Early Warning and Moni- describes the activities carried out under on active duty (other than for training), to toring System’’, to monitor, warn, and pro- this section. hunt eligible ducks, geese, swans, mergan- tect citizens of the United States from undue (c) FUNDING.— sers, coots, moorhens, and gallinules, if the and avoidable harm from volcanic activity. (1) AUTHORIZATION OF APPROPRIATIONS.— Secretary determines that the addition of (B) PURPOSES.—The purposes of the System There is authorized to be appropriated to those days is consistent with science-based are— carry out this section $55,000,000 for the pe- and sustainable harvest management. Such (i) to organize, modernize, standardize, and riod of fiscal years 2019 through 2023. days shall be treated as separate from, and stabilize the monitoring systems of the vol- (2) EFFECT ON OTHER SOURCES OF FEDERAL in addition to, the annual Federal frame- cano observatories in the United States, FUNDING.—Amounts made available under work hunting season lengths. which includes the Alaska Volcano Observ- this subsection shall supplement, and not ‘‘(B) REQUIREMENTS.—In selecting days atory, California Volcano Observatory, Cas- supplant, Federal funds made available for under subparagraph (A), a State shall ensure cades Volcano Observatory, Hawaiian Vol- other United States Geological Survey haz- that— cano Observatory, and Yellowstone Volcano ards activities and programs. ‘‘(i) the days selected— Observatory; and SEC. 5002. REAUTHORIZATION OF NATIONAL ‘‘(I) may only include the hunting of duck, (ii) to unify the monitoring systems of vol- GEOLOGIC MAPPING ACT OF 1992. geese, swan, merganser, coot, moorhen, and cano observatories in the United States into (a) REAUTHORIZATION.— gallinule species that are eligible for hunting a single interoperative system. (1) IN GENERAL.—Section 9(a) of the Na- under the applicable annual Federal frame- (C) OBJECTIVE.—The objective of the Sys- tional Geologic Mapping Act of 1992 (43 work; tem is to monitor all the volcanoes in the U.S.C. 31h(a)) is amended by striking ‘‘2018’’ ‘‘(II) are not more than 14 days before or United States at a level commensurate with and inserting ‘‘2023’’. after the Federal framework hunting season the threat posed by the volcanoes by— (2) CONFORMING AMENDMENT.—Section for ducks, mergansers, and coots; and (i) upgrading existing networks on mon- 4(b)(1) of the National Geologic Mapping Act ‘‘(III) are otherwise consistent with the itored volcanoes; of 1992 (43 U.S.C. 31c(b)(1)) is amended by Federal framework; and (ii) installing new networks on striking ‘‘Omnibus Public Land Management ‘‘(ii) the total number of days in a hunting unmonitored volcanoes; and Act of 2009’’ each place it appears in subpara- season for any migratory bird species, in- (iii) employing geodetic and other compo- graphs (A) and (B) and inserting ‘‘Natural cluding any days selected under subpara- nents when applicable. Resources Management Act’’. graph (A), is not more than 107 days. (2) SYSTEM COMPONENTS.— (b) GEOLOGIC MAPPING ADVISORY COM- ‘‘(C) LIMITATION.—A State may combine (A) IN GENERAL.—The System shall in- MITTEE.—Section 5(a)(3) of the National Geo- the 2 days allowed for youths with the 2 days clude— logic Mapping Act of 1992 (43 U.S.C. 31d(a)(3)) allowed for veterans and members of the (i) a national volcano watch office that is is amended by striking ‘‘Associate Director Armed Forces on active duty under subpara- operational 24 hours a day and 7 days a week; for Geology’’ and inserting ‘‘Associate Direc- graph (A), but in no circumstance may a (ii) a national volcano data center; and tor for Core Science Systems’’. State have more than a total of 4 additional (iii) an external grants program to support (c) CLERICAL AMENDMENTS.—Section 3 of days added to its regular hunting season for research in volcano monitoring science and the National Geologic Mapping Act of 1992 any purpose. technology. (43 U.S.C. 31b) is amended— (1) in paragraph (4), by striking ‘‘section ‘‘(3) REGULATIONS.—The Secretary shall (B) MODERNIZATION ACTIVITIES.—Mod- promulgate regulations in accordance with ernization activities under the System shall 6(d)(3)’’ and inserting ‘‘section 4(d)(3)’’; this subsection for the Federal framework include the comprehensive application of (2) in paragraph (5), by striking ‘‘section for migratory bird hunting for the 2019–2020 emerging technologies, including digital 6(d)(1)’’ and inserting ‘‘section 4(d)(1)’’; and hunting season and each hunting season broadband seismometers, real-time contin- (3) in paragraph (9), by striking ‘‘section thereafter.’’. uous Global Positioning System receivers, 6(d)(2)’’ and inserting ‘‘section 4(d)(2)’’. Subtitle E—Miscellaneous satellite and airborne radar interferometry, TITLE VI—NATIONAL HERITAGE AREAS acoustic pressure sensors, and spectrometry SEC. 4401. RESPECT FOR TREATIES AND RIGHTS. SEC. 6001. NATIONAL HERITAGE AREA DESIGNA- to measure gas emissions. TIONS. Nothing in this title or the amendments (3) MANAGEMENT.— (a) IN GENERAL.—The following areas are made by this title— (A) MANAGEMENT PLAN.— designated as National Heritage Areas, to be (1) affects or modifies any treaty or other (i) IN GENERAL.—Not later than 180 days administered in accordance with this sec- right of any federally recognized Indian after the date of enactment of this Act, the tion: Tribe; or Secretary shall submit to Congress a 5-year (1) APPALACHIAN FOREST NATIONAL HERIT- (2) modifies any provision of Federal law management plan for establishing and oper- AGE AREA, WEST VIRGINIA AND MARYLAND.— relating to migratory birds or to endangered ating the System. (A) IN GENERAL.—There is established the or threatened species. (ii) INCLUSIONS.—The management plan Appalachian Forest National Heritage Area SEC. 4402. NO PRIORITY. submitted under clause (i) shall include— in the States of West Virginia and Maryland, Nothing in this title or the amendments (I) annual cost estimates for modernization as depicted on the map entitled ‘‘Appa- made by this title provides a preference to activities and operation of the System; lachian Forest National Heritage Area’’, hunting, fishing, or recreational shooting (II) annual milestones, standards, and per- numbered T07/80,000, and dated October 2007, over any other use of Federal land or water. formance goals; and including—

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S978 CONGRESSIONAL RECORD — SENATE February 6, 2019 (i) Barbour, Braxton, Grant, Greenbrier, refer to each of the Tribal governments of Indian Tribes, nonprofit organizations, and Hampshire, Hardy, Mineral, Morgan, Nich- the Snoqualmie, Yakama, Tulalip, other interested parties; olas, Pendleton, Pocahontas, Preston, Ran- Muckleshoot, and Colville Indian Tribes. (C) to hire and compensate staff, which dolph, Tucker, Upshur, and Webster Counties (E) MANAGEMENT REQUIREMENTS.—With re- shall include individuals with expertise in in West Virginia; and spect to the National Heritage Area des- natural, cultural, and historical resources (ii) Allegany and Garrett Counties in ignated by subparagraph (A)— protection, and heritage programming; Maryland. (i) the preparation of an interpretive plan (D) to obtain money or services from any (B) LOCAL COORDINATING ENTITY.—The Ap- under subsection (c)(2)(C)(vii) shall also in- source including any money or services that palachian Forest Heritage Area, Inc., shall clude plans for Tribal heritage; are provided under any other Federal law or be— (ii) the Secretary shall ensure that the program; (i) the local coordinating entity for the Na- management plan developed under sub- (E) to contract for goods or services; and tional Heritage Area designated by subpara- section (c) is consistent with the trust re- (F) to undertake to be a catalyst for any graph (A) (referred to in this subparagraph sponsibilities of the Secretary to Indian other activity that furthers the National as the ‘‘local coordinating entity’’); and Tribes and Tribal treaty rights within the Heritage Area and is consistent with the ap- (ii) governed by a board of directors that National Heritage Area; proved management plan. shall— (iii) the interpretive plan and management (2) DUTIES.—The local coordinating entity (I) include members to represent a geo- plan for the National Heritage Area shall be for each of the National Heritage Areas des- graphic balance across the counties de- developed in consultation with the Indian ignated by subsection (a) shall— scribed in subparagraph (A) and the States of Tribes; (A) in accordance with subsection (c), pre- West Virginia and Maryland; (iv) nothing in this paragraph shall grant pare and submit a management plan for the (II) be composed of not fewer than 7, and or diminish any hunting, fishing, or gath- National Heritage Area to the Secretary; not more than 15, members elected by the ering treaty right of any Indian Tribe; and (B) assist Federal agencies, the State or a membership of the local coordinating entity; (v) nothing in this paragraph affects the political subdivision of the State, Indian (III) be selected to represent a balanced authority of a State or an Indian Tribe to Tribes, regional planning organizations, non- group of diverse interests, including— manage fish and wildlife, including the regu- profit organizations and other interested (aa) the forest industry; lation of hunting and fishing within the Na- parties in carrying out the approved manage- (bb) environmental interests; tional Heritage Area. ment plan by— (cc) cultural heritage interests; (4) SACRAMENTO-SAN JOAQUIN DELTA NA- (i) carrying out programs and projects that (dd) tourism interests; and TIONAL HERITAGE AREA, CALIFORNIA.— recognize, protect, and enhance important (ee) regional agency partners; (A) IN GENERAL.—There is established the resource values in the National Heritage (IV) exercise all corporate powers of the Sacramento-San Joaquin Delta National Area; local coordinating entity; Heritage Area in the State of California, to (ii) establishing and maintaining interpre- (V) manage the activities and affairs of the consist of land in Contra Costa, Sacramento, tive exhibits and programs in the National local coordinating entity; and San Joaquin, Solano, and Yolo Counties in Heritage Area; (VI) subject to any limitations in the arti- the State, as generally depicted on the map (iii) developing recreational and edu- cles and bylaws of the local coordinating en- entitled ‘‘Sacramento-San Joaquin Delta Na- cational opportunities in the National Herit- tity, this section, and other applicable Fed- age Area; tional Heritage Area Proposed Boundary’’, eral or State law, establish the policies of (iv) increasing public awareness of, and ap- numbered T27/105,030, and dated October 2012. the local coordinating entity. preciation for, natural, historical, scenic, (B) LOCAL COORDINATING ENTITY.—The (2) MARITIME WASHINGTON NATIONAL HERIT- and cultural resources of the National Herit- Delta Protection Commission established by AGE AREA, WASHINGTON.— age Area; section 29735 of the California Public Re- (A) IN GENERAL.—There is established the (v) protecting and restoring historic sites sources Code shall be the local coordinating Maritime Washington National Heritage and buildings in the National Heritage Area entity for the National Heritage Area des- Area in the State of Washington, to include that are consistent with National Heritage ignated by subparagraph (A). land in Whatcom, Skagit, Snohomish, San Area themes; (5) SANTA CRUZ VALLEY NATIONAL HERITAGE Juan, Island, King, Pierce, Thurston, Mason, (vi) ensuring that clear, consistent, and ap- Kitsap, Jefferson, Clallam, and Grays Harbor AREA, ARIZONA.— propriate signs identifying points of public Counties in the State that is at least par- (A) IN GENERAL.—There is established the access and sites of interest are posted Santa Cruz Valley National Heritage Area in tially located within the area that is 1⁄4-mile throughout the National Heritage Area; and landward of the shoreline, as generally de- the State of Arizona, to consist of land in (vii) promoting a wide range of partner- picted on the map entitled ‘‘Maritime Wash- Pima and Santa Cruz Counties in the State, ships among the Federal Government, State, ington National Heritage Area Proposed as generally depicted on the map entitled Tribal, and local governments, organiza- Boundary’’, numbered 584/125,484, and dated ‘‘Santa Cruz Valley National Heritage tions, and individuals to further the Na- August, 2014. Area’’, numbered T09/80,000, and dated No- tional Heritage Area; (B) LOCAL COORDINATING ENTITY.—The vember 13, 2007. (C) consider the interests of diverse units Washington Trust for Historic Preservation (B) LOCAL COORDINATING ENTITY.—Santa of government, businesses, organizations, shall be the local coordinating entity for the Cruz Valley Heritage Alliance, Inc., a non- and individuals in the National Heritage National Heritage Area designated by sub- profit organization established under the Area in the preparation and implementation paragraph (A). laws of the State of Arizona, shall be the of the management plan; (3) MOUNTAINS TO SOUND GREENWAY NA- local coordinating entity for the National (D) conduct meetings open to the public at TIONAL HERITAGE AREA, WASHINGTON.— Heritage Area designated by subparagraph least semiannually regarding the develop- (A) IN GENERAL.—There is established the (A). ment and implementation of the manage- Mountains to Sound Greenway National Her- (6) SUSQUEHANNA NATIONAL HERITAGE AREA, ment plan; itage Area in the State of Washington, to PENNSYLVANIA.— (E) for any year that Federal funds have consist of land in King and Kittitas Counties (A) IN GENERAL.—There is established the been received under this subsection— in the State, as generally depicted on the Susquehanna National Heritage Area in the (i) submit to the Secretary an annual re- map entitled ‘‘Mountains to Sound Green- State of Pennsylvania, to consist of land in port that describes the activities, expenses, way National Heritage Area Proposed Lancaster and York Counties in the State. and income of the local coordinating entity Boundary’’, numbered 584/125,483, and dated (B) LOCAL COORDINATING ENTITY.—The Sus- (including grants to any other entities dur- August, 2014 (referred to in this paragraph as quehanna Heritage Corporation, a nonprofit ing the year that the report is made); the ‘‘map’’). organization established under the laws of (ii) make available to the Secretary for (B) LOCAL COORDINATING ENTITY.—The the State of Pennsylvania, shall be the local audit all records relating to the expenditure Mountains to Sound Greenway Trust shall be coordinating entity for the National Herit- of the funds and any matching funds; and the local coordinating entity for the Na- age Area designated by subparagraph (A). (iii) require, with respect to all agreements tional Heritage Area designated by subpara- (b) ADMINISTRATION.— authorizing expenditure of Federal funds by graph (A). (1) AUTHORITIES.—For purposes of carrying other organizations, that the organizations (C) MAP.—The map shall be on file and out the management plan for each of the Na- receiving the funds make available to the available for public inspection in the appro- tional Heritage Areas designated by sub- Secretary for audit all records concerning priate offices of— section (a), the Secretary, acting through the expenditure of the funds; and (i) the National Park Service; the local coordinating entity, may use (F) encourage by appropriate means eco- (ii) the Forest Service; amounts made available under subsection nomic viability that is consistent with the (iii) the Indian Tribes; and (g)— National Heritage Area. (iv) the local coordinating entity. (A) to make grants to the State or a polit- (3) PROHIBITION ON THE ACQUISITION OF REAL (D) REFERENCES TO INDIAN TRIBE; TRIBAL.— ical subdivision of the State, Indian Tribes, PROPERTY.—The local coordinating entity Any reference in this paragraph to the terms nonprofit organizations, and other persons; shall not use Federal funds made available ‘‘Indian Tribe’’ and ‘‘Tribal’’ shall be consid- (B) to enter into cooperative agreements under subsection (g) to acquire real property ered, for purposes of the National Heritage with, or provide technical assistance to, the or any interest in real property. Area designated by subparagraph (A), to State or a political subdivision of the State, (c) MANAGEMENT PLAN.—

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(1) IN GENERAL.—Not later than 3 years (i) the local coordinating entity is rep- (4) conveys any land use or other regu- after the date of enactment of this Act, the resentative of the diverse interests of the latory authority to the local coordinating local coordinating entity for each of the Na- National Heritage Area, including Federal, entity; tional Heritage Areas designated by sub- State, Tribal, and local governments, nat- (5) authorizes or implies the reservation or section (a) shall submit to the Secretary for ural and historic resource protection organi- appropriation of water or water rights; approval a proposed management plan for zations, educational institutions, businesses, (6) enlarges or diminishes the treaty rights the National Heritage Area. and recreational organizations; of any Indian Tribe within the National Her- (2) REQUIREMENTS.—The management plan (ii) the local coordinating entity has af- itage Area; shall— forded adequate opportunity, including pub- (7) diminishes— (A) incorporate an integrated and coopera- lic hearings, for public and governmental in- (A) the authority of the State to manage tive approach for the protection, enhance- volvement in the preparation of the manage- fish and wildlife, including the regulation of ment, and interpretation of the natural, cul- ment plan; and fishing and hunting within a National Herit- tural, historic, scenic, and recreational re- (iii) the resource protection and interpre- age Area designated by subsection (a); or sources of the National Heritage Area; tation strategies contained in the manage- (B) the authority of Indian Tribes to regu- (B) take into consideration Federal, State, ment plan, if implemented, would adequately late members of Indian Tribes with respect local, and Tribal plans and treaty rights; protect the natural, historical, and cultural (C) include— resources of the National Heritage Area. to fishing, hunting, and gathering in the ex- ercise of treaty rights; or (i) an inventory of— (C) ACTION FOLLOWING DISAPPROVAL.—If the (I) the resources located in the National Secretary disapproves the management plan (8) creates any liability, or affects any li- Heritage Area; and under subparagraph (A), the Secretary ability under any other law, of any private (II) any other property in the National shall— property owner with respect to any person Heritage Area that— (i) advise the local coordinating entity in injured on the private property. (aa) is related to the themes of the Na- writing of the reasons for the disapproval; (f) EVALUATION AND REPORT.— tional Heritage Area; and (ii) make recommendations for revisions to (1) IN GENERAL.—For each of the National (bb) should be preserved, restored, man- the management plan; and Heritage Areas designated by subsection (a), aged, or maintained because of the signifi- (iii) not later than 180 days after the re- not later than 3 years before the date on cance of the property; ceipt of any proposed revision of the manage- which authority for Federal funding termi- (ii) comprehensive policies, strategies and ment plan from the local coordinating enti- nates for each National Heritage Area, the recommendations for conservation, funding, ty, approve or disapprove the proposed revi- Secretary shall— management, and development of the Na- sion. (A) conduct an evaluation of the accom- tional Heritage Area; (D) AMENDMENTS.— plishments of the National Heritage Area; (iii) a description of actions that the Fed- (i) IN GENERAL.—The Secretary shall ap- and eral Government, State, Tribal, and local prove or disapprove each amendment to the (B) prepare a report in accordance with governments, private organizations, and in- management plan that the Secretary deter- dividuals have agreed to take to protect the mines make a substantial change to the paragraph (3). natural, historical, cultural, scenic, and rec- management plan. (2) EVALUATION.—An evaluation conducted reational resources of the National Heritage (ii) USE OF FUNDS.—The local coordinating under paragraph (1)(A) shall— Area; entity shall not use Federal funds authorized (A) assess the progress of the local man- (iv) a program of implementation for the by this subsection to carry out any amend- agement entity with respect to— management plan by the local coordinating ments to the management plan until the (i) accomplishing the purposes of the au- entity that includes a description of— Secretary has approved the amendments. thorizing legislation for the National Herit- (I) actions to facilitate ongoing collabora- (d) RELATIONSHIP TO OTHER FEDERAL AGEN- age Area; and tion among partners to promote plans for re- CIES.— (ii) achieving the goals and objectives of source protection, restoration, and construc- (1) IN GENERAL.—Nothing in this section af- the approved management plan for the Na- tion; and fects the authority of a Federal agency to tional Heritage Area; (II) specific commitments for implementa- provide technical or financial assistance (B) analyze the investments of the Federal tion that have been made by the local co- under any other law. Government, State, Tribal, and local govern- ordinating entity or any government, orga- (2) CONSULTATION AND COORDINATION.—The ments, and private entities in each National nization, or individual for the first 5 years of head of any Federal agency planning to con- Heritage Area to determine the impact of operation; duct activities that may have an impact on the investments; and (v) the identification of sources of funding a National Heritage Area designated by sub- (C) review the management structure, for carrying out the management plan; section (a) is encouraged to consult and co- partnership relationships, and funding of the (vi) analysis and recommendations for ordinate the activities with the Secretary National Heritage Area for purposes of iden- means by which Federal, State, local, and and the local coordinating entity to the tifying the critical components for sustain- Tribal programs, including the role of the maximum extent practicable. ability of the National Heritage Area. National Park Service in the National Herit- (3) OTHER FEDERAL AGENCIES.—Nothing in (3) REPORT.—Based on the evaluation con- age Area, may best be coordinated to carry this section— ducted under paragraph (1)(A), the Secretary out this subsection; and (A) modifies, alters, or amends any law or shall submit to the Committee on Energy (vii) an interpretive plan for the National regulation authorizing a Federal agency to and Natural Resources of the Senate and the Heritage Area; and manage Federal land under the jurisdiction Committee on Natural Resources of the (D) recommend policies and strategies for of the Federal agency; House of Representatives a report that in- resource management that consider and de- (B) limits the discretion of a Federal land cludes recommendations for the future role tail the application of appropriate land and manager to implement an approved land use of the National Park Service, if any, with re- water management techniques, including the plan within the boundaries of a National spect to the National Heritage Area. development of intergovernmental and inter- Heritage Area designated by subsection (a); agency cooperative agreements to protect or (g) AUTHORIZATION OF APPROPRIATIONS.— the natural, historical, cultural, educational, (C) modifies, alters, or amends any author- (1) IN GENERAL.—There is authorized to be scenic, and recreational resources of the Na- ized use of Federal land under the jurisdic- appropriated for each National Heritage tional Heritage Area. tion of a Federal agency. Area designated by subsection (a) to carry (3) DEADLINE.—If a proposed management (e) PRIVATE PROPERTY AND REGULATORY out the purposes of this section $10,000,000, of plan is not submitted to the Secretary by PROTECTIONS.—Nothing in this section— which not more than $1,000,000 may be made the date that is 3 years after the date of en- (1) abridges the rights of any property available in any fiscal year. actment of this Act, the local coordinating owner (whether public or private), including (2) AVAILABILITY.—Amounts made avail- entity shall be ineligible to receive addi- the right to refrain from participating in any able under paragraph (1) shall remain avail- tional funding under this section until the plan, project, program, or activity conducted able until expended. date on which the Secretary receives and ap- within a National Heritage Area designated (3) COST-SHARING REQUIREMENT.— proves the management plan. by subsection (a); (A) IN GENERAL.—The Federal share of the (4) APPROVAL OR DISAPPROVAL OF MANAGE- (2) requires any property owner— total cost of any activity under this section MENT PLAN.— (A) to permit public access (including ac- shall be not more than 50 percent. (A) IN GENERAL.—Not later than 180 days cess by Federal, State, or local agencies) to (B) FORM.—The non-Federal contribution after the date of receipt of the management the property of the property owner; or of the total cost of any activity under this plan under paragraph (1), the Secretary, in (B) to modify public access or use of prop- section may be in the form of in-kind con- consultation with State and Tribal govern- erty of the property owner under any other tributions of goods or services fairly valued. ments, shall approve or disapprove the man- Federal, State, or local law; (4) TERMINATION OF AUTHORITY.—The au- agement plan. (3) alters any duly adopted land use regula- thority of the Secretary to provide assist- (B) CRITERIA FOR APPROVAL.—In deter- tion, approved land use plan, or other regu- ance under this section terminates on the mining whether to approve the management latory authority of any Federal, State, Trib- date that is 15 years after the date of enact- plan, the Secretary shall consider whether— al, or local agency; ment of this Act.

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SEC. 6002. ADJUSTMENT OF BOUNDARIES OF LIN- entities described in subparagraph (E) to de- (j) OIL REGION NATIONAL HERITAGE AREA.— COLN NATIONAL HERITAGE AREA. velop the Heritage Area while encouraging The Oil Region National Heritage Area Act (a) BOUNDARY ADJUSTMENT.—Section State and local economic activity; and (Public Law 108–447; 118 Stat. 3368) is amend- 443(b)(1) of the Consolidated Natural Re- (G) has a conceptual boundary map that is ed by striking ‘‘Oil Heritage Region, Inc.’’ sources Act of 2008 (Public Law 110–229; 122 supported by the public. each place it appears and inserting ‘‘Oil Re- Stat. 819) is amended— (c) REPORT.—Not later than 3 years after gion Alliance of Business, Industry and (1) by inserting ‘‘, Livingston,’’ after ‘‘La- the date on which funds are first made avail- Tourism’’. Salle’’; and able to carry out this section, the Secretary (k) HUDSON RIVER VALLEY NATIONAL HERIT- (2) by inserting ‘‘, the city of Jonesboro in shall submit to the Committee on Natural AGE AREA REDESIGNATION.— Union County, and the city of Freeport in Resources of the House of Representatives (1) IN GENERAL.—The Hudson River Valley Stephenson County’’ after ‘‘Woodford coun- and the Committee on Energy and Natural National Heritage Area Act of 1996 (Public ties’’. Resources of the Senate a report that de- Law 104–333; 110 Stat. 4275) is amended by (b) MAP.—The Secretary shall update the scribes— striking ‘‘Hudson River Valley National Her- map referred to in section 443(b)(2) of the (1) the findings of the study under sub- itage Area’’ each place it appears and insert- Consolidated Natural Resources Act of 2008 section (b); and ing ‘‘Maurice D. Hinchey Hudson River Val- to reflect the boundary adjustment made by (2) any conclusions and recommendations ley National Heritage Area’’. the amendments in subsection (a). of the Secretary. (2) REFERENCE IN LAW.—Any reference in a SEC. 6003. FINGER LAKES NATIONAL HERITAGE law, map, regulation, document, paper, or AREA STUDY. SEC. 6004. NATIONAL HERITAGE AREA AMEND- MENTS. other record of the United States to the Her- (a) DEFINITIONS.—In this section: (a) RIVERS OF STEEL NATIONAL HERITAGE itage Area referred to in paragraph (1) shall (1) HERITAGE AREA.—The term ‘‘Heritage AREA.—Section 409(a) of the Omnibus Parks be deemed to be a reference to the ‘‘Maurice Area’’ means the Finger Lakes National Her- and Public Lands Management Act of 1996 D. Hinchey Hudson River Valley National itage Area. (Public Law 104–333; 110 Stat. 4256; 129 Stat. Heritage Area’’. (2) STATE.—The term ‘‘State’’ means the 2551) is amended in the second sentence, by TITLE VII—WILDLIFE HABITAT AND State of New York. striking ‘‘$17,000,000’’ and inserting CONSERVATION (3) STUDY AREA.—The term ‘‘study area’’ ‘‘$20,000,000’’. SEC. 7001. WILDLIFE HABITAT AND CONSERVA- means— (b) ESSEX NATIONAL HERITAGE AREA.—Sec- TION. (A) the counties in the State of Cayuga, tion 508(a) of the Omnibus Parks and Public (a) PARTNERS FOR FISH AND WILDLIFE PRO- Chemung, Cortland, Livingston, Monroe, On- Lands Management Act of 1996 (Public Law GRAM REAUTHORIZATION.—Section 5 of the ondaga, Ontario, Schuyler, Seneca, Steuben, 104–333; 110 Stat. 4260; 129 Stat. 2551) is Partners for Fish and Wildlife Act (16 U.S.C. Tioga, Tompkins, Wayne, and Yates; and amended in the second sentence, by striking 3774) is amended by striking ‘‘2006 through (B) any other areas in the State that— ‘‘$17,000,000’’ and inserting ‘‘$20,000,000’’. 2011’’ and inserting ‘‘2019 through 2023’’. (i) have heritage aspects that are similar (c) OHIO & ERIE NATIONAL HERITAGE (b) FISH AND WILDLIFE COORDINATION.— to the areas described in subparagraph (A); CANALWAY.—Section 810(a) of the Omnibus (1) PURPOSE.—The purpose of this sub- and Parks and Public Lands Management Act of section is to protect water, oceans, coasts, (ii) are adjacent to, or in the vicinity of, 1996 (Public Law 104–333; 110 Stat. 4275; 122 and wildlife from invasive species. those areas. Stat. 826) is amended by striking the second (2) AMENDMENTS TO FISH AND WILDLIFE CO- (b) STUDY.— sentence and inserting the following: ‘‘Not ORDINATION ACT.— (1) IN GENERAL.—The Secretary, in con- more than a total of $20,000,000 may be appro- (A) SHORT TITLE; AUTHORIZATION.—The first sultation with State and local historic pres- priated for the canalway under this title.’’. section of the Fish and Wildlife Coordination ervation officers, State and local historical (d) BLUE RIDGE NATIONAL HERITAGE Act (16 U.S.C. 661) is amended by striking societies, State and local tourism offices, AREA.—The Blue Ridge National Heritage ‘‘For the purpose’’ and inserting the fol- and other appropriate organizations and gov- Area Act of 2003 (Public Law 108–108; 117 lowing: ernmental agencies, shall conduct a study to Stat. 1274; 131 Stat. 461; 132 Stat. 661) is ‘‘SECTION 1. SHORT TITLE; AUTHORIZATION. assess the suitability and feasibility of desig- amended— ‘‘(a) SHORT TITLE.—This Act may be cited nating the study area as a National Heritage (1) in subsection (i)(1), by striking as the ‘Fish and Wildlife Coordination Act’. Area, to be known as the ‘‘Finger Lakes Na- ‘‘$12,000,000’’ and inserting ‘‘$14,000,000’’; and ‘‘(b) AUTHORIZATION.—For the purpose’’. tional Heritage Area’’. (2) by striking subsection (j) and inserting (B) PROTECTION OF WATER, OCEANS, COASTS, (2) REQUIREMENTS.—The study shall in- the following: AND WILDLIFE FROM INVASIVE SPECIES.—The clude analysis, documentation, and deter- ‘‘(j) TERMINATION OF AUTHORITY.—The au- Fish and Wildlife Coordination Act (16 U.S.C. minations on whether the study area— thority of the Secretary to provide assist- 661 et seq.) is amended by adding at the end (A) has an assemblage of natural, historic, ance under this section terminates on Sep- the following: and cultural resources that— tember 30, 2021.’’. ‘‘SEC. 10. PROTECTION OF WATER, OCEANS, (i) represent distinctive aspects of the her- (e) MOTORCITIES NATIONAL HERITAGE COASTS, AND WILDLIFE FROM itage of the United States; AREA.—Section 110(a) of the Automobile Na- INVASIVE SPECIES. (ii) are worthy of recognition, conserva- tional Heritage Area Act (Public Law 105– ‘‘(a) DEFINITIONS.—In this section: tion, interpretation, and continuing use; and 355; 112 Stat. 3252) is amended, in the second ‘‘(1) CONTROL.—The term ‘control’, with re- (iii) would be best managed— sentence, by striking ‘‘$10,000,000’’ and in- spect to an invasive species, means the eradi- (I) through partnerships among public and serting ‘‘$12,000,000’’. cation, suppression, or reduction of the popu- private entities; and (f) WHEELING NATIONAL HERITAGE AREA.— lation of the invasive species within the area (II) by linking diverse and sometimes non- Subsection (h)(1) of the Wheeling National in which the invasive species is present. contiguous resources and active commu- Heritage Area Act of 2000 (Public Law 106– ‘‘(2) ECOSYSTEM.—The term ‘ecosystem’ nities; 291; 114 Stat. 967; 128 Stat. 2421; 129 Stat. 2550) means the complex of a community of orga- (B) reflects traditions, customs, beliefs, is amended by striking ‘‘$13,000,000’’ and in- nisms and the environment of the organisms. and folklife that are a valuable part of the serting ‘‘$15,000,000’’. ‘‘(3) ELIGIBLE STATE.—The term ‘eligible story of the United States; (g) TENNESSEE CIVIL WAR HERITAGE State’ means any of— (C) provides outstanding opportunities— AREA.—Section 208 of the Omnibus Parks ‘‘(A) a State; (i) to conserve natural, historic, cultural, and Public Lands Management Act of 1996 ‘‘(B) the District of Columbia; or scenic features; and (Public Law 104–333; 110 Stat. 4248; 127 Stat. ‘‘(C) the Commonwealth of Puerto Rico; (ii) for recreation and education; 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) ‘‘(D) Guam; (D) contains resources that— is amended by striking ‘‘after’’ and all that ‘‘(E) American Samoa; (i) are important to any identified themes follows through the period at the end and in- ‘‘(F) the Commonwealth of the Northern of the study area; and serting the following: ‘‘after September 30, Mariana Islands; and (ii) retain a degree of integrity capable of 2021.’’. ‘‘(G) the United States Virgin Islands. supporting interpretation; (h) AUGUSTA CANAL NATIONAL HERITAGE ‘‘(4) INVASIVE SPECIES.— (E) includes residents, business interests, AREA.—Section 310 of the Omnibus Parks ‘‘(A) IN GENERAL.—The term ‘invasive spe- nonprofit organizations, and State and local and Public Lands Management Act of 1996 cies’ means an alien species, the introduc- governments that— (Public Law 104–333; 110 Stat. 4252; 127 Stat. tion of which causes, or is likely to cause, (i) are involved in the planning of the Her- 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) economic or environmental harm or harm to itage Area; is amended by striking ‘‘2019’’ and inserting human health. (ii) have developed a conceptual financial ‘‘2021’’. ‘‘(B) ASSOCIATED DEFINITION.—For purposes plan that outlines the roles of all partici- (i) SOUTH CAROLINA NATIONAL HERITAGE of subparagraph (A), the term ‘alien species’, pants in the Heritage Area, including the CORRIDOR.—Section 607 of the Omnibus Parks with respect to a particular ecosystem, Federal Government; and and Public Lands Management Act of 1996 means any species (including the seeds, eggs, (iii) have demonstrated support for the des- (Public Law 104–333; 110 Stat. 4264; 127 Stat. spores, or other biological material of the ignation of the Heritage Area; 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) species that are capable of propagating the (F) has a potential management entity to is amended by striking ‘‘2019’’ and inserting species) that is not native to the affected work in partnership with the individuals and ‘‘2021’’. ecosystem.

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‘‘(5) MANAGE; MANAGEMENT.—The terms ble States in which an ecosystem affected by priated or otherwise made available to each ‘manage’ and ‘management’, with respect to an invasive species is located. Secretary concerned for a fiscal year for pro- an invasive species, mean the active imple- ‘‘(3) FACTORS FOR CONSIDERATION.—In de- grams that address or include protection of mentation of any activity— veloping a strategic plan under this sub- land or water from an invasive species, the ‘‘(A) to reduce or stop the spread of the section, the Secretary concerned shall take Secretary concerned may use not more than invasive species; and into consideration the economic and ecologi- 15 percent for investigations, development ‘‘(B) to inhibit further infestations of the cal costs of action or inaction, as applicable. activities, and outreach and public aware- invasive species, the spread of the invasive ‘‘(d) COST-EFFECTIVE METHODS.—In select- ness efforts to address invasive species con- species, or harm caused by the invasive spe- ing a method to be used to control or man- trol and management needs. cies, including investigations regarding age an invasive species as part of a specific ‘‘(i) ADMINISTRATIVE COSTS.—Of the methods for early detection and rapid re- control or management project conducted as amount appropriated or otherwise made sponse, prevention, control, or management part of a strategic plan developed under sub- available to each Secretary concerned for a of the invasive species. section (c), the Secretary concerned shall fiscal year for programs that address or in- clude protection of land or water from an ‘‘(6) PREVENT.—The term ‘prevent’, with prioritize the use of methods that— respect to an invasive species, means— ‘‘(1) effectively control and manage invasive species, not more than 10 percent may be used for administrative costs in- ‘‘(A) to hinder the introduction of the invasive species, as determined by the Sec- curred to carry out those programs, includ- invasive species onto land or water; or retary concerned, based on sound scientific ing costs relating to oversight and manage- ‘‘(B) to impede the spread of the invasive data; ment of the programs, recordkeeping, and species within land or water by inspecting, ‘‘(2) minimize environmental impacts; and implementation of the strategic plan devel- intercepting, or confiscating invasive species ‘‘(3) control and manage invasive species in the most cost-effective manner. oped under subsection (c). threats prior to the establishment of the ‘‘(j) REPORTING REQUIREMENTS.—Not later invasive species onto land or water of an eli- ‘‘(e) COMPARATIVE ECONOMIC ASSESSMENT.— To achieve compliance with subsection (d), than 60 days after the end of the second fis- gible State. cal year beginning after the date of enact- ‘‘(7) SECRETARY CONCERNED.—The term the Secretary concerned shall require a com- parative economic assessment of invasive ment of this section, each Secretary con- ‘Secretary concerned’ means— cerned shall submit to Congress a report— species control and management methods to ‘‘(A) the Secretary of the Army, with re- ‘‘(1) describing the use by the Secretary spect to Federal land administered by the be conducted. ‘‘(f) EXPEDITED ACTION.— concerned during the 2 preceding fiscal years Corps of Engineers; of funds for programs that address or include ‘‘(1) IN GENERAL.—The Secretaries con- ‘‘(B) the Secretary of the Interior, with re- cerned shall use all tools and flexibilities invasive species management; and spect to Federal land administered by the available (as of the date of enactment of this ‘‘(2) specifying the percentage of funds ex- Secretary of the Interior through— section) to expedite the projects and activi- pended for each of the purposes specified in ‘‘(i) the United States Fish and Wildlife ties described in paragraph (2). subsections (g), (h), and (i). Service; ‘‘(k) RELATION TO OTHER AUTHORITY.— ‘‘(2) DESCRIPTION OF PROJECTS AND ACTIVI- ‘‘(ii) the Bureau of Indian Affairs; ‘‘(1) OTHER INVASIVE SPECIES CONTROL, PRE- TIES.—A project or activity referred to in ‘‘(iii) the Bureau of Land Management; VENTION, AND MANAGEMENT AUTHORITIES.— paragraph (1) is a project or activity— ‘‘(iv) the Bureau of Reclamation; or Nothing in this section precludes the Sec- ‘‘(A) to protect water or wildlife from an ‘‘(v) the National Park Service; retary concerned from pursuing or sup- invasive species that, as determined by the ‘‘(C) the Secretary of Agriculture, with re- porting, pursuant to any other provision of Secretary concerned is, or will be, carried spect to Federal land administered by the law, any activity regarding the control, pre- out on land or water that is— Secretary of Agriculture through the Forest vention, or management of an invasive spe- ‘‘(i) directly managed by the Secretary Service; and cies, including investigations to improve the concerned; and ‘‘(D) the head or a representative of any control, prevention, or management of the ‘‘(ii) located in an area that is— other Federal agency the duties of whom re- invasive species. ‘‘(I) at high risk for the introduction, es- quire planning relating to, and the treat- ‘‘(2) PUBLIC WATER SUPPLY SYSTEMS.—Noth- tablishment, or spread of invasive species; ment of, invasive species for the purpose of ing in this section authorizes the Secretary and protecting water and wildlife on land and concerned to suspend any water delivery or ‘‘(II) determined by the Secretary con- coasts and in oceans and water. diversion, or otherwise to prevent the oper- cerned to require immediate action to ad- ‘‘(8) SPECIES.—The term ‘species’ means a ation of a public water supply system, as a group of organisms, all of which— dress the risk identified in subclause (I); and measure to control, manage, or prevent the ‘‘(A) have a high degree of genetic simi- ‘‘(B) carried out in accordance with appli- introduction or spread of an invasive species. larity; cable agency procedures, including any ap- ‘‘(l) USE OF PARTNERSHIPS.—Subject to the ‘‘(B) are morphologically distinct; plicable— subsections (m) and (n), the Secretary con- ‘‘(C) generally— ‘‘(i) land or resource management plan; or cerned may enter into any contract or coop- ‘‘(i) interbreed at maturity only among ‘‘(ii) land use plan. erative agreement with another Federal ‘‘(g) ALLOCATION OF FUNDING.—Of the themselves; and agency, an eligible State, a federally recog- amount appropriated or otherwise made nized Indian tribe, a political subdivision of ‘‘(ii) produce fertile offspring; and available to each Secretary concerned for a ‘‘(D) show persistent differences from an eligible State, or a private individual or fiscal year for programs that address or in- entity to assist with the control and man- members of allied groups of organisms. clude protection of land or water from an agement of an invasive species. ‘‘(b) CONTROL AND MANAGEMENT.—Each invasive species, the Secretary concerned ‘‘(m) MEMORANDUM OF UNDERSTANDING.— Secretary concerned shall plan and carry out shall use not less than 75 percent for on-the- ‘‘(1) IN GENERAL.—As a condition of a con- activities on land directly managed by the ground control and management of invasive tract or cooperative agreement under sub- Secretary concerned to protect water and species, which may include— section (l), the Secretary concerned and the wildlife by controlling and managing ‘‘(1) the purchase of necessary products, applicable Federal agency, eligible State, po- invasive species— equipment, or services to conduct that con- litical subdivision of an eligible State, or ‘‘(1) to inhibit or reduce the populations of trol and management; private individual or entity shall enter into invasive species; and ‘‘(2) the use of integrated pest management a memorandum of understanding that de- ‘‘(2) to effectuate restoration or reclama- options, including options that use pesticides scribes— tion efforts. authorized for sale, distribution, or use ‘‘(A) the nature of the partnership between ‘‘(c) STRATEGIC PLAN.— under the Federal Insecticide, Fungicide, the parties to the memorandum of under- ‘‘(1) IN GENERAL.—Each Secretary con- and Rodenticide Act (7 U.S.C. 136 et seq.); standing; and cerned shall develop a strategic plan for the ‘‘(3) the use of biological control agents ‘‘(B) the control and management activi- implementation of the invasive species pro- that are proven to be effective to reduce ties to be conducted under the contract or gram to achieve, to the maximum extent invasive species populations; cooperative agreement. practicable, a substantive annual net reduc- ‘‘(4) the use of revegetation or cultural res- ‘‘(2) CONTENTS.—A memorandum of under- tion of invasive species populations or in- toration methods designed to improve the di- standing under this subsection shall contain, fested acreage on land or water managed by versity and richness of ecosystems; at a minimum, the following: the Secretary concerned. ‘‘(5) the use of monitoring and detection ‘‘(A) A prioritized listing of each invasive ‘‘(2) COORDINATION.—Each strategic plan activities for invasive species, including species to be controlled or managed. under paragraph (1) shall be developed— equipment, detection dogs, and mechanical ‘‘(B) An assessment of the total acres of ‘‘(A) in coordination with affected— devices; land or area of water infested by the invasive ‘‘(i) eligible States; and ‘‘(6) the use of appropriate methods to re- species. ‘‘(ii) political subdivisions of eligible move invasive species from a vehicle or ves- ‘‘(C) An estimate of the expected total States; sel capable of conveyance; or acres of land or area of water infested by the ‘‘(B) in consultation with federally recog- ‘‘(7) the use of other effective mechanical invasive species after control and manage- nized Indian tribes; and or manual control methods. ment of the invasive species is attempted. ‘‘(C) in accordance with the priorities es- ‘‘(h) INVESTIGATIONS, OUTREACH, AND PUB- ‘‘(D) A description of each specific, inte- tablished by 1 or more Governors of the eligi- LIC AWARENESS.—Of the amount appro- grated pest management option to be used,

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including a comparative economic assess- ‘‘(2) COMPOSITION.—The Secretary shall en- countries and territories of the United ment to determine the least-costly method. sure that the panel referred to in paragraph States under the jurisdiction of United ‘‘(E) Any map, boundary, or Global Posi- (1) includes, to the maximum extent prac- States Fish and Wildlife Service programs’’; tioning System coordinates needed to clear- ticable, 1 or more representatives— (II) in subparagraphs (A), (B), and (C), by ly identify the area in which each control or ‘‘(A) from each country that comprises the striking ‘‘nesting’’ each place it appears; management activity is proposed to be con- natural range of great apes; and (III) in subparagraph (D)— ducted. ‘‘(B) with expertise in great ape conserva- (aa) in the matter preceding clause (i), by ‘‘(F) A written assurance that each partner tion. striking ‘‘countries to—’’ and inserting will comply with section 15 of the Federal ‘‘(3) CONSERVATION PLANS.—In identifying ‘‘countries—’’; Noxious Weed Act of 1974 (7 U.S.C. 2814). the conservation needs and priorities under (bb) in clause (i)— ‘‘(3) COORDINATION.—If a partner to a con- paragraph (1), the panel referred to in that (AA) by inserting ‘‘to’’ before ‘‘protect’’; tract or cooperative agreement under sub- paragraph shall consider any relevant great and section (l) is an eligible State, political sub- ape conservation plan or strategy, including (BB) by striking ‘‘nesting’’ each place it division of an eligible State, or private indi- scientific research and findings relating to— appears; and vidual or entity, the memorandum of under- ‘‘(A) the conservation needs and priorities (cc) in clause (ii), by inserting ‘‘to’’ before of great apes; standing under this subsection shall include ‘‘prevent’’; ‘‘(B) any regional or species-specific action a description of— (IV) in subparagraph (E)(i), by striking plan or strategy; ‘‘(A) the means by which each applicable ‘‘turtles on nesting habitat’’ and inserting ‘‘(C) any applicable strategy developed or control or management effort will be coordi- ‘‘turtles, freshwater turtles, and tortoises’’; initiated by the Secretary; and nated; and (V) in subparagraph (F), by striking ‘‘tur- ‘‘(D) any other applicable conservation ‘‘(B) the expected outcomes of managing tles over habitat used by marine turtles for plan or strategy. and controlling the invasive species. nesting’’ and inserting ‘‘turtles, freshwater ‘‘(4) FUNDS.—Subject to the availability of ‘‘(4) PUBLIC OUTREACH AND AWARENESS EF- turtles, and tortoises over habitats used by appropriations, the Secretary may use FORTS.—If a contract or cooperative agree- marine turtles, freshwater turtles, and tor- ment under subsection (l) involves any out- amounts available to the Secretary to pay for the costs of convening and facilitating toises’’; and reach or public awareness effort, the memo- (VI) in subparagraph (H), by striking randum of understanding under this sub- any meeting of the panel referred to in para- graph (1).’’. ‘‘nesting’’ each place it appears; section shall include a list of goals and ob- (ii) by redesignating paragraphs (3), (4), (5), (B) MULTIYEAR GRANTS.—Section 4 of the jectives for each outreach or public aware- and (6) as paragraphs (4), (6), (7), and (8), re- ness effort that have been determined to be Great Ape Conservation Act of 2000 (16 U.S.C. 6303) is amended by adding at the end the fol- spectively; efficient to inform national, regional, State, (iii) by inserting before paragraph (4) (as so Tribal, or local audiences regarding invasive lowing: ‘‘(j) MULTIYEAR GRANTS.— redesignated) the following: species control and management. ‘‘(1) AUTHORIZATION.—The Secretary may ‘‘(3) FRESHWATER TURTLE.— ‘‘(n) INVESTIGATIONS.—The purpose of any award to a person who is otherwise eligible ‘‘(A) IN GENERAL.—The term ‘freshwater invasive species-related investigation carried for a grant under this section a multiyear turtle’ means any member of the family out under a contract or cooperative agree- grant to carry out a project that the person Carettochelyidae, Chelidae, Chelydridae, ment under subsection (l) shall be— demonstrates is an effective, long-term con- Dermatemydidae, Emydidae, Geoemydidae, ‘‘(1) to develop solutions and specific rec- servation strategy for great apes and the Kinosternidae, Pelomedusidae, ommendations for control and management habitat of great apes. Platysternidae, Podocnemididae, or of invasive species; and ‘‘(2) EFFECT OF SUBSECTION.—Nothing in Trionychidae. ‘‘(2) specifically to provide faster imple- this subsection precludes the Secretary from ‘‘(B) INCLUSIONS.—The term ‘freshwater mentation of control and management meth- awarding a grant on an annual basis.’’. turtle’ includes— ods. (C) ADMINISTRATIVE EXPENSES.—Section ‘‘(i) any part, product, egg, or offspring of ‘‘(o) COORDINATION WITH AFFECTED LOCAL 5(b)(2) of the Great Ape Conservation Act of a turtle described in subparagraph (A); and GOVERNMENTS.—Each project and activity 2000 (16 U.S.C. 6304(b)(2)) is amended by strik- ‘‘(ii) a carcass of such a turtle.’’; carried out pursuant to this section shall be ing ‘‘$100,000’’ and inserting ‘‘$150,000’’. (iv) by inserting after paragraph (4) (as so coordinated with affected local governments (D) AUTHORIZATION OF APPROPRIATIONS.— redesignated) the following: in a manner that is consistent with section Section 6 of the Great Ape Conservation Act ‘‘(5) HABITAT.—The term ‘habitat’ means 202(c)(9) of the Federal Land Policy and Man- of 2000 (16 U.S.C. 6305) is amended by striking any marine turtle, freshwater turtle, or tor- agement Act of 1976 (43 U.S.C. 1712(c)(9)).’’. ‘‘2006 through 2010’’ and inserting ‘‘2019 toise habitat (including a nesting habitat) (c) WILDLIFE CONSERVATION.— through 2023’’. that is under the jurisdiction of United (1) REAUTHORIZATIONS.— (3) AMENDMENTS TO MARINE TURTLE CON- States Fish and Wildlife Service programs.’’; (A) REAUTHORIZATION OF AFRICAN ELEPHANT SERVATION ACT OF 2004.— and CONSERVATION ACT.—Section 2306(a) of the Af- (A) PURPOSE.—Section 2 of the Marine Tur- (v) by inserting after paragraph (8) (as so rican Elephant Conservation Act (16 U.S.C. tle Conservation Act of 2004 (16 U.S.C. 6601) is redesignated) the following: 4245(a)) is amended by striking ‘‘2007 through amended by striking subsection (b) and in- ‘‘(9) TERRITORY OF THE UNITED STATES.— 2012’’ and inserting ‘‘2019 through 2023’’. serting the following: The term ‘territory of the United States’ (B) REAUTHORIZATION OF ASIAN ELEPHANT ‘‘(b) PURPOSE.—The purpose of this Act is means— CONSERVATION ACT OF 1997.—Section 8(a) of to assist in the conservation of marine tur- ‘‘(A) American Samoa; the Asian Elephant Conservation Act of 1997 tles, freshwater turtles, and tortoises and ‘‘(B) the Commonwealth of the Northern (16 U.S.C. 4266(a)) is amended by striking the habitats of marine turtles, freshwater Mariana Islands; ‘‘2007 through 2012’’ and inserting ‘‘2019 turtles, and tortoises in foreign countries ‘‘(C) the Commonwealth of Puerto Rico; through 2023’’. and territories of the United States by sup- ‘‘(D) Guam; (C) REAUTHORIZATION OF RHINOCEROS AND porting and providing financial resources for ‘‘(E) the United States Virgin Islands; and TIGER CONSERVATION ACT OF 1994.—Section projects— ‘‘(F) any other territory or possession of 10(a) of the Rhinoceros and Tiger Conserva- ‘‘(1) to conserve marine turtle, freshwater the United States. tion Act of 1994 (16 U.S.C. 5306(a)) is amended turtle, and tortoise habitats under the juris- ‘‘(10) TORTOISE.— by striking ‘‘2007 through 2012’’ and inserting diction of United States Fish and Wildlife ‘‘(A) IN GENERAL.—The term ‘tortoise’ ‘‘2019 through 2023’’. Service programs; means any member of the family (2) AMENDMENTS TO GREAT APE CONSERVA- ‘‘(2) to conserve marine turtles, freshwater Testudinidae. TION ACT OF 2000.— turtles, and tortoises in those habitats; and ‘‘(B) INCLUSIONS.—The term ‘tortoise’ in- (A) PANEL.—Section 4(i) of the Great Ape ‘‘(3) to address other threats to the sur- cludes— Conservation Act of 2000 (16 U.S.C. 6303(i)) is vival of marine turtles, freshwater turtles, ‘‘(i) any part, product, egg, or offspring of amended— and tortoises, including habitat loss, poach- a tortoise described in subparagraph (A); and (i) by striking paragraph (1) and inserting ing of turtles or their eggs, and wildlife traf- ‘‘(ii) a carcass of such a tortoise.’’. the following: ficking.’’. (C) CONSERVATION ASSISTANCE.—Section 4 ‘‘(1) CONVENTION.—Not later than 1 year (B) DEFINITIONS.—Section 3 of the Marine of the Marine Turtle Conservation Act of after the date of enactment of the Natural Turtle Conservation Act of 2004 (16 U.S.C. 2004 (16 U.S.C. 6603) is amended— Resources Management Act, and every 5 6602) is amended— (i) in the section heading, by striking ‘‘MA- years thereafter, the Secretary may convene (i) in paragraph (2)— RINE TURTLE’’; a panel of experts on great apes to identify (I) in the matter preceding subparagraph (ii) in subsection (a), by inserting ‘‘, fresh- the greatest needs and priorities for the con- (A), by striking ‘‘nesting habitats of marine water turtles, or tortoises’’ after ‘‘marine servation of great apes.’’; turtles in foreign countries and of marine turtles’’; (ii) by redesignating paragraph (2) as para- turtles in those habitats’’ and inserting ‘‘ma- (iii) in subsection (b)(1)— graph (5); and rine turtles, freshwater turtles, and tor- (I) in the matter preceding subparagraph (iii) by inserting after paragraph (1) the toises, and the habitats of marine turtles, (A), by inserting ‘‘, freshwater turtles, or following: freshwater turtles, and tortoises, in foreign tortoises’’ after ‘‘marine turtles’’;

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(II) by striking subparagraph (A) and in- (A) DEFINITIONS.—In this paragraph: (v) REQUIREMENTS.—The Board shall com- serting the following: (i) BOARD.—The term ‘‘Board’’ means the ply with all requirements under paragraph ‘‘(A) any wildlife management authority of Prevention of Wildlife Poaching and Traf- (7)(A). a foreign country or territory of the United ficking Technology Advisory Board estab- (D) AGREEMENT WITH NATIONAL FISH AND States that has within its boundaries marine lished by subparagraph (C)(i). WILDLIFE FOUNDATION.— turtle, freshwater turtle, or tortoise habitat, (ii) PRIZE COMPETITION.—The term ‘‘prize (i) IN GENERAL.—The Secretary shall offer if the activities of the authority directly or competition’’ means the Theodore Roosevelt to enter into an agreement under which the indirectly affect marine turtle, freshwater Genius Prize for the prevention of wildlife National Fish and Wildlife Foundation shall turtle, or tortoise conservation; or’’; and poaching and trafficking established under administer the prize competition. (III) in subparagraph (B), by inserting ‘‘, subparagraph (B). (ii) REQUIREMENTS.—An agreement entered freshwater turtles, or tortoises’’ after ‘‘ma- (B) AUTHORITY.—Not later than 180 days into under clause (i) shall comply with all re- rine turtles’’; after the date of enactment of this Act, the quirements under paragraph (7)(B). (iv) in subsection (c)(2), in each of subpara- Secretary shall establish under section 24 of (E) JUDGES.— graphs (A) and (C), by inserting ‘‘and terri- the Stevenson-Wydler Technology Innova- (i) APPOINTMENT.—The Secretary shall ap- tory of the United States’’ after ‘‘each coun- tion Act of 1980 (15 U.S.C. 3719) a prize com- point not fewer than 3 judges who shall, ex- try’’; petition, to be known as the ‘‘Theodore Roo- cept as provided in clause (ii), select the 1 or (v) by striking subsection (d) and inserting sevelt Genius Prize for the prevention of more annual winners of the prize competi- the following: tion. ‘‘(d) CRITERIA FOR APPROVAL.—The Sec- wildlife poaching and trafficking’’— (ii) DETERMINATION BY SECRETARY.—The retary may approve a project proposal under (i) to encourage technological innovation this section if the Secretary determines that with the potential to advance the mission of judges appointed under clause (i) shall not the project will help to restore, recover, and the United States Fish and Wildlife Service select any annual winner of the prize com- sustain a viable population of marine tur- with respect to the prevention of wildlife petition if the Secretary makes a determina- tles, freshwater turtles, or tortoises in the poaching and trafficking; and tion that, in any fiscal year, none of the wild by assisting efforts in a foreign country (ii) to award 1 or more prizes annually for technological advancements entered into the or territory of the United States to imple- a technological advancement that prevents prize competition merits an award. ment a marine turtle, freshwater turtle, or wildlife poaching and trafficking. (F) REPORT TO CONGRESS.—Not later than tortoise conservation program.’’; and (C) ADVISORY BOARD.— 60 days after the date on which a cash prize (vi) in subsection (e), by striking ‘‘marine (i) ESTABLISHMENT.—There is established is awarded under this paragraph, the Sec- turtles and their nesting habitats’’ and in- an advisory board, to be known as the ‘‘Pre- retary shall submit to the Committee on En- serting ‘‘marine turtles, freshwater turtles, vention of Wildlife Poaching and Trafficking vironment and Public Works of the Senate or tortoises and the habitats of marine tur- Technology Advisory Board’’. and the Committee on Natural Resources of tles, freshwater turtles, or tortoises’’. (ii) COMPOSITION.—The Board shall be com- the House of Representatives a report on the (D) MARINE TURTLE CONSERVATION FUND.— posed of not fewer than 9 members appointed prize competition that includes— Section 5 of the Marine Turtle Conservation by the Secretary, who shall provide expertise (i) a statement by the Board that describes Act of 2004 (16 U.S.C. 6604) is amended— in— the activities carried out by the Board relat- (i) in subsection (a)(2), by striking ‘‘section (I) wildlife trafficking and trade; ing to the duties described in subparagraph 6’’ and inserting ‘‘section 7(a)’’; and (II) wildlife conservation and management; (C)(iii); (ii) in subsection (b)(2), by striking ‘‘3 per- (III) biology; (ii) if the Secretary has entered into an cent, or up to $80,000’’ and inserting ‘‘5 per- (IV) technology development; agreement under subparagraph (D)(i), a cent, or up to $150,000’’. (V) engineering; statement by the National Fish and Wildlife (E) ADVISORY GROUP.—Section 6(a) of the (VI) economics; Foundation that describes the activities car- ried out by the National Fish and Wildlife Marine Turtle Conservation Act of 2004 (16 (VII) business development and manage- Foundation relating to the duties described U.S.C. 6605(a)) is amended by inserting ‘‘, ment; and in paragraph (7)(B); and freshwater turtles, or tortoises’’ after ‘‘ma- (VIII) any other discipline, as the Sec- (iii) a statement by 1 or more of the judges rine turtles’’. retary determines to be necessary to achieve appointed under subparagraph (E) that ex- (F) AUTHORIZATION OF APPROPRIATIONS.— the purposes of this paragraph. plains the basis on which the winner of the Section 7 of the Marine Turtle Conservation (iii) DUTIES.—Subject to clause (iv), with cash prize was selected. Act of 2004 (16 U.S.C. 6606) is amended to read respect to the prize competition, the Board (G) TERMINATION OF AUTHORITY.—The as follows: shall— Board and all authority provided under this ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (I) select a topic; paragraph shall terminate on December 31, ‘‘(a) IN GENERAL.—There is authorized to (II) issue a problem statement; 2023. be appropriated to the Fund $5,000,000 for (III) advise the Secretary regarding any op- (3) THEODORE ROOSEVELT GENIUS PRIZE FOR each of fiscal years 2019 through 2023. portunity for technological innovation to ‘‘(b) ALLOCATION.—Of the amounts made PROMOTION OF WILDLIFE CONSERVATION.— prevent wildlife poaching and trafficking; available for each fiscal year pursuant to (A) DEFINITIONS.—In this paragraph: and subsection (a)— (i) BOARD.—The term ‘‘Board’’ means the (IV) advise winners of the prize competi- ‘‘(1) not less than $1,510,000 shall be used by Promotion of Wildlife Conservation Tech- tion regarding opportunities to pilot and im- the Secretary for marine turtle conservation nology Advisory Board established by sub- plement winning technologies in relevant purposes in accordance with this Act; and paragraph (C)(i). fields, including in partnership with con- ‘‘(2) of the amounts in excess of the (ii) PRIZE COMPETITION.—The term ‘‘prize amount described in paragraph (1), not less servation organizations, Federal or State competition’’ means the Theodore Roosevelt than 40 percent shall be used by the Sec- agencies, federally recognized Indian tribes, Genius Prize for the promotion of wildlife retary for freshwater turtle and tortoise con- private entities, and research institutions conservation established under subparagraph servation purposes in accordance with this with expertise or interest relating to the pre- (B). Act.’’. vention of wildlife poaching and trafficking. (B) AUTHORITY.—Not later than 180 days (d) PRIZE COMPETITIONS.— (iv) CONSULTATION.—In selecting a topic after the date of enactment of this Act, the (1) DEFINITIONS.—In this subsection: and issuing a problem statement for the Secretary shall establish under section 24 of (A) NON-FEDERAL FUNDS.—The term ‘‘non- prize competition under subclauses (I) and the Stevenson-Wydler Technology Innova- Federal funds’’ means funds provided by— (II) of clause (iii), respectively, the Board tion Act of 1980 (15 U.S.C. 3719) a prize com- (i) a State; shall consult widely with Federal and non- petition, to be known as the ‘‘Theodore Roo- (ii) a territory of the United States; Federal stakeholders, including— sevelt Genius Prize for the promotion of (iii) 1 or more units of local or tribal gov- (I) 1 or more Federal agencies with juris- wildlife conservation’’— ernment; diction over the prevention of wildlife poach- (i) to encourage technological innovation (iv) a private for-profit entity; ing and trafficking; with the potential to advance the mission of (v) a nonprofit organization; or (II) 1 or more State agencies with jurisdic- the United States Fish and Wildlife Service (vi) a private individual. tion over the prevention of wildlife poaching with respect to the promotion of wildlife (B) SECRETARY.—The term ‘‘Secretary’’ and trafficking; conservation; and means the Secretary, acting through the Di- (III) 1 or more State, regional, or local (ii) to award 1 or more prizes annually for rector of the United States Fish and Wildlife wildlife organizations, the mission of which a technological advancement that promotes Service. relates to the prevention of wildlife poaching wildlife conservation. (C) WILDLIFE.—The term ‘‘wildlife’’ has the and trafficking; and (C) ADVISORY BOARD.— meaning given the term in section 8 of the (IV) 1 or more wildlife conservation groups, (i) ESTABLISHMENT.—There is established Fish and Wildlife Coordination Act (16 U.S.C. technology companies, research institutions, an advisory board, to be known as the ‘‘Pro- 666b). institutions of higher education, industry as- motion of Wildlife Conservation Technology (2) THEODORE ROOSEVELT GENIUS PRIZE FOR sociations, or individual stakeholders with Advisory Board’’. PREVENTION OF WILDLIFE POACHING AND TRAF- an interest in the prevention of wildlife (ii) COMPOSITION.—The Board shall be com- FICKING.— poaching and trafficking. posed of not fewer than 9 members appointed

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(G) TERMINATION OF AUTHORITY.—The an interest in the management of invasive (iii) DUTIES.—Subject to clause (iv), with Board and all authority provided under this species. respect to the prize competition, the Board paragraph shall terminate on December 31, (v) REQUIREMENTS.—The Board shall com- shall— 2023. ply with all requirements under paragraph (I) select a topic; (7)(A). (4) THEODORE ROOSEVELT GENIUS PRIZE FOR (II) issue a problem statement; (D) AGREEMENT WITH NATIONAL FISH AND MANAGEMENT OF INVASIVE SPECIES.— (III) advise the Secretary regarding any op- WILDLIFE FOUNDATION.— (A) DEFINITIONS.—In this paragraph: portunity for technological innovation to (i) IN GENERAL.—The Secretary shall offer (i) BOARD.—The term ‘‘Board’’ means the promote wildlife conservation; and to enter into an agreement under which the Management of Invasive Species Technology (IV) advise winners of the prize competi- National Fish and Wildlife Foundation shall Advisory Board established by subparagraph tion regarding opportunities to pilot and im- administer the prize competition. (C)(i). plement winning technologies in relevant (ii) REQUIREMENTS.—An agreement entered (ii) PRIZE COMPETITION.—The term ‘‘prize fields, including in partnership with con- into under clause (i) shall comply with all re- competition’’ means the Theodore Roosevelt servation organizations, Federal or State quirements under paragraph (7)(B). Genius Prize for the management of invasive agencies, federally recognized Indian tribes, (E) JUDGES.— species established under subparagraph (B). private entities, and research institutions (i) APPOINTMENT.—The Secretary shall ap- with expertise or interest relating to the (B) AUTHORITY.—Not later than 180 days point not fewer than 3 judges who shall, ex- promotion of wildlife conservation. after the date of enactment of this Act, the cept as provided in clause (ii), select the 1 or Secretary shall establish under section 24 of (iv) CONSULTATION.—In selecting a topic more annual winners of the prize competi- and issuing a problem statement for the the Stevenson-Wydler Technology Innova- tion. prize competition under subclauses (I) and tion Act of 1980 (15 U.S.C. 3719) a prize com- (ii) DETERMINATION BY SECRETARY.—The (II) of clause (iii), respectively, the Board petition, to be known as the ‘‘Theodore Roo- judges appointed under clause (i) shall not shall consult widely with Federal and non- sevelt Genius Prize for the management of select any annual winner of the prize com- Federal stakeholders, including— invasive species’’— petition if the Secretary makes a determina- (I) 1 or more Federal agencies with juris- (i) to encourage technological innovation tion that, in any fiscal year, none of the diction over the promotion of wildlife con- with the potential to advance the mission of technological advancements entered into the servation; the United States Fish and Wildlife Service prize competition merits an award. (II) 1 or more State agencies with jurisdic- with respect to the management of invasive (F) REPORT TO CONGRESS.—Not later than tion over the promotion of wildlife conserva- species; and 60 days after the date on which a cash prize tion; (ii) to award 1 or more prizes annually for is awarded under this paragraph, the Sec- (III) 1 or more State, regional, or local a technological advancement that manages retary shall submit to the Committee on En- wildlife organizations, the mission of which invasive species. vironment and Public Works of the Senate relates to the promotion of wildlife con- (C) ADVISORY BOARD.— and the Committee on Natural Resources of servation; and (i) ESTABLISHMENT.—There is established the House of Representatives a report on the (IV) 1 or more wildlife conservation groups, an advisory board, to be known as the ‘‘Man- prize competition that includes— technology companies, research institutions, agement of Invasive Species Technology Ad- (i) a statement by the Board that describes institutions of higher education, industry as- visory Board’’. the activities carried out by the Board relat- sociations, or individual stakeholders with (ii) COMPOSITION.—The Board shall be com- ing to the duties described in subparagraph an interest in the promotion of wildlife con- posed of not fewer than 9 members appointed (C)(iii); servation. by the Secretary, who shall provide expertise (ii) if the Secretary has entered into an (v) REQUIREMENTS.—The Board shall com- in— agreement under subparagraph (D)(i), a ply with all requirements under paragraph (I) invasive species; statement by the National Fish and Wildlife (7)(A). (II) biology; Foundation that describes the activities car- (D) AGREEMENT WITH NATIONAL FISH AND (III) technology development; ried out by the National Fish and Wildlife WILDLIFE FOUNDATION.— (IV) engineering; Foundation relating to the duties described (i) IN GENERAL.—The Secretary shall offer (V) economics; in paragraph (7)(B); and to enter into an agreement under which the (VI) business development and manage- (iii) a statement by 1 or more of the judges National Fish and Wildlife Foundation shall ment; and appointed under subparagraph (E) that ex- administer the prize competition. (VII) any other discipline, as the Secretary plains the basis on which the winner of the (ii) REQUIREMENTS.—An agreement entered determines to be necessary to achieve the cash prize was selected. into under clause (i) shall comply with all re- purposes of this paragraph. (G) TERMINATION OF AUTHORITY.—The quirements under paragraph (7)(B). (iii) DUTIES.—Subject to clause (iv), with Board and all authority provided under this (E) JUDGES.— respect to the prize competition, the Board paragraph shall terminate on December 31, (i) APPOINTMENT.—The Secretary shall ap- shall— 2023. point not fewer than 3 judges who shall, ex- (I) select a topic; (5) THEODORE ROOSEVELT GENIUS PRIZE FOR cept as provided in clause (ii), select the 1 or (II) issue a problem statement; PROTECTION OF ENDANGERED SPECIES.— more annual winners of the prize competi- (III) advise the Secretary regarding any op- (A) DEFINITIONS.—In this paragraph: tion. portunity for technological innovation to (i) BOARD.—The term ‘‘Board’’ means the (ii) DETERMINATION BY SECRETARY.—The manage invasive species; and Protection of Endangered Species Tech- judges appointed under clause (i) shall not (IV) advise winners of the prize competi- nology Advisory Board established by sub- select any annual winner of the prize com- tion regarding opportunities to pilot and im- paragraph (C)(i). petition if the Secretary makes a determina- plement winning technologies in relevant (ii) PRIZE COMPETITION.—The term ‘‘prize tion that, in any fiscal year, none of the fields, including in partnership with con- competition’’ means the Theodore Roosevelt technological advancements entered into the servation organizations, Federal or State Genius Prize for the protection of endan- prize competition merits an award. agencies, federally recognized Indian tribes, gered species established under subparagraph (F) REPORT TO CONGRESS.—Not later than private entities, and research institutions (B). 60 days after the date on which a cash prize with expertise or interest relating to the (B) AUTHORITY.—Not later than 180 days is awarded under this paragraph, the Sec- management of invasive species. after the date of enactment of this Act, the retary shall submit to the Committee on En- (iv) CONSULTATION.—In selecting a topic Secretary shall establish under section 24 of vironment and Public Works of the Senate and issuing a problem statement for the the Stevenson-Wydler Technology Innova- and the Committee on Natural Resources of prize competition under subclauses (I) and tion Act of 1980 (15 U.S.C. 3719) a prize com- the House of Representatives a report on the (II) of clause (iii), respectively, the Board petition, to be known as the ‘‘Theodore Roo- prize competition that includes— shall consult widely with Federal and non- sevelt Genius Prize for the protection of en- (i) a statement by the Board that describes Federal stakeholders, including— dangered species’’— the activities carried out by the Board relat- (I) 1 or more Federal agencies with juris- (i) to encourage technological innovation ing to the duties described in subparagraph diction over the management of invasive with the potential to advance the mission of (C)(iii); species; the United States Fish and Wildlife Service

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with respect to the protection of endangered (F) REPORT TO CONGRESS.—Not later than (IV) advise winners of the prize competi- species; and 60 days after the date on which a cash prize tion regarding opportunities to pilot and im- (ii) to award 1 or more prizes annually for is awarded under this paragraph, the Sec- plement winning technologies in relevant a technological advancement that protects retary shall submit to the Committee on En- fields, including in partnership with con- endangered species. vironment and Public Works of the Senate servation organizations, Federal or State (C) ADVISORY BOARD.— and the Committee on Natural Resources of agencies, federally recognized Indian tribes, (i) ESTABLISHMENT.—There is established the House of Representatives a report on the private entities, and research institutions an advisory board, to be known as the ‘‘Pro- prize competition that includes— with expertise or interest relating to the tection of Endangered Species Technology (i) a statement by the Board that describes nonlethal management of human-wildlife Advisory Board’’. the activities carried out by the Board relat- conflicts. (ii) COMPOSITION.—The Board shall be com- ing to the duties described in subparagraph (iv) CONSULTATION.—In selecting a topic posed of not fewer than 9 members appointed (C)(iii); and issuing a problem statement for the by the Secretary, who shall provide expertise (ii) if the Secretary has entered into an prize competition under subclauses (I) and in— agreement under subparagraph (D)(i), a (II) of subparagraph (C), respectively, the (I) endangered species; statement by the National Fish and Wildlife Board shall consult widely with Federal and (II) biology; Foundation that describes the activities car- non-Federal stakeholders, including— (III) technology development; ried out by the National Fish and Wildlife (I) 1 or more Federal agencies with juris- (IV) engineering; Foundation relating to the duties described diction over the management of native wild- (V) economics; life species at risk due to conflict with in paragraph (7)(B); and (VI) business development and manage- human activities; (iii) a statement by 1 or more of the judges ment; and (II) 1 or more State agencies with jurisdic- appointed under subparagraph (E) that ex- (VII) any other discipline, as the Secretary tion over the management of native wildlife plains the basis on which the winner of the determines to be necessary to achieve the species at risk due to conflict with human cash prize was selected. purposes of this paragraph. activities; (G) TERMINATION OF AUTHORITY.—The (iii) DUTIES.—Subject to clause (iv), with (III) 1 or more State, regional, or local Board and all authority provided under this respect to the prize competition, the Board wildlife organizations, the mission of which shall— paragraph shall terminate on December 31, relates to the management of native wildlife (I) select a topic; 2023. species at risk due to conflict with human (II) issue a problem statement; (6) THEODORE ROOSEVELT GENIUS PRIZE FOR activities; and (III) advise the Secretary regarding any op- NONLETHAL MANAGEMENT OF HUMAN-WILDLIFE (IV) 1 or more wildlife conservation groups, portunity for technological innovation to CONFLICTS.— technology companies, research institutions, protect endangered species; and (A) DEFINITIONS.—In this paragraph: institutions of higher education, industry as- (IV) advise winners of the prize competi- (i) BOARD.—The term ‘‘Board’’ means the sociations, or individual stakeholders with tion regarding opportunities to pilot and im- Nonlethal Management of Human-Wildlife an interest in the management of native plement winning technologies in relevant Conflicts Technology Advisory Board estab- wildlife species at risk due to conflict with fields, including in partnership with con- lished by subparagraph (C)(i). human activities. servation organizations, Federal or State (ii) PRIZE COMPETITION.—The term ‘‘prize (v) REQUIREMENTS.—The Board shall com- agencies, federally recognized Indian tribes, competition’’ means the Theodore Roosevelt ply with all requirements under paragraph private entities, and research institutions Genius Prize for the nonlethal management (7)(A). with expertise or interest relating to the of human-wildlife conflicts established under (D) AGREEMENT WITH NATIONAL FISH AND protection of endangered species. subparagraph (B). WILDLIFE FOUNDATION.— (iv) CONSULTATION.—In selecting a topic (B) AUTHORITY.—Not later than 180 days (i) IN GENERAL.—The Secretary shall offer and issuing a problem statement for the after the date of enactment of this Act, the to enter into an agreement under which the prize competition under subclauses (I) and Secretary shall establish under section 24 of National Fish and Wildlife Foundation shall (II) of clause (iii), respectively, the Board the Stevenson-Wydler Technology Innova- administer the prize competition. shall consult widely with Federal and non- tion Act of 1980 (15 U.S.C. 3719) a prize com- (ii) REQUIREMENTS.—An agreement entered Federal stakeholders, including— petition, to be known as the ‘‘Theodore Roo- into under clause (i) shall comply with all re- (I) 1 or more Federal agencies with juris- sevelt Genius Prize for the nonlethal man- quirements under paragraph (7)(B). diction over the protection of endangered agement of human-wildlife conflicts’’— (E) JUDGES.— species; (i) to encourage technological innovation (i) APPOINTMENT.—The Secretary shall ap- (II) 1 or more State agencies with jurisdic- with the potential to advance the mission of point not fewer than 3 judges who shall, ex- tion over the protection of endangered spe- the United States Fish and Wildlife Service cept as provided in clause (ii), select the 1 or cies; with respect to the nonlethal management of more annual winners of the prize competi- (III) 1 or more State, regional, or local human-wildlife conflicts; and tion. wildlife organizations, the mission of which (ii) to award 1 or more prizes annually for (ii) DETERMINATION BY SECRETARY.—The relates to the protection of endangered spe- a technological advancement that promotes judges appointed under clause (i) shall not cies; and the nonlethal management of human-wildlife select any annual winner of the prize com- (IV) 1 or more wildlife conservation groups, conflicts. petition if the Secretary makes a determina- technology companies, research institutions, (C) ADVISORY BOARD.— tion that, in any fiscal year, none of the institutions of higher education, industry as- (i) ESTABLISHMENT.—There is established technological advancements entered into the sociations, or individual stakeholders with an advisory board, to be known as the ‘‘Non- prize competition merits an award. an interest in the protection of endangered lethal Management of Human-Wildlife Con- (F) REPORT TO CONGRESS.—Not later than species. flicts Technology Advisory Board’’. 60 days after the date on which a cash prize (v) REQUIREMENTS.—The Board shall com- (ii) COMPOSITION.—The Board shall be com- is awarded under this paragraph, the Sec- ply with all requirements under paragraph posed of not fewer than 9 members appointed retary shall submit to the Committee on En- (7)(A). by the Secretary, who shall provide expertise vironment and Public Works of the Senate (D) AGREEMENT WITH NATIONAL FISH AND in— and the Committee on Natural Resources of WILDLIFE FOUNDATION.— (I) nonlethal wildlife management; the House of Representatives a report on the (i) IN GENERAL.—The Secretary shall offer (II) social aspects of human-wildlife con- prize competition that includes— to enter into an agreement under which the flict management; (i) a statement by the Board that describes National Fish and Wildlife Foundation shall (III) biology; the activities carried out by the Board relat- administer the prize competition. (IV) technology development; ing to the duties described in subparagraph (ii) REQUIREMENTS.—An agreement entered (V) engineering; (C)(iii); into under clause (i) shall comply with all re- (VI) economics; (ii) if the Secretary has entered into an quirements under paragraph (7)(B). (VII) business development and manage- agreement under subparagraph (D)(i), a (E) JUDGES.— ment; and statement by the National Fish and Wildlife (i) APPOINTMENT.—The Secretary shall ap- (VIII) any other discipline, as the Sec- Foundation that describes the activities car- point not fewer than 3 judges who shall, ex- retary determines to be necessary to achieve ried out by the National Fish and Wildlife cept as provided in clause (ii), select the 1 or the purposes of this paragraph. Foundation relating to the duties described more annual winners of the prize competi- (iii) DUTIES.—Subject to clause (iv), with in paragraph (7)(B); and tion. respect to the prize competition, the Board (iii) a statement by 1 or more of the judges (ii) DETERMINATION BY SECRETARY.—The shall— appointed under subparagraph (E) that ex- judges appointed under clause (i) shall not (I) select a topic; plains the basis on which the winner of the select any annual winner of the prize com- (II) issue a problem statement; cash prize was selected. petition if the Secretary makes a determina- (III) advise the Secretary regarding any op- (G) TERMINATION OF AUTHORITY.—The tion that, in any fiscal year, none of the portunity for technological innovation to Board and all authority provided under this technological advancements entered into the promote the nonlethal management of paragraph shall terminate on December 31, prize competition merits an award. human-wildlife conflicts; and 2023.

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(7) ADMINISTRATION OF PRIZE COMPETI- (X) protect against unauthorized use or (F) The map entitled ‘‘Topsail Unit L06 (2 TIONS.— disclosure by the National Fish and Wildlife of 2)’’ and dated November 20, 2013, with re- (A) ADDITIONAL REQUIREMENTS FOR ADVI- Foundation of any trade secret or confiden- spect to Unit L06. SORY BOARDS.—An advisory board established tial business information of a prize competi- (G) The map entitled ‘‘Litchfield Beach under paragraph (2)(C)(i), (3)(C)(i), (4)(C)(i), tion participant. Unit M02 Pawleys Inlet Unit M03’’ and dated (5)(C)(i), or (6)(C)(i) (referred to in this para- (ii) ADDITIONAL CASH PRIZES.—An agree- March 18, 2016, with respect to Unit M02 and graph as a ‘‘Board’’) shall comply with the ment shall provide that the National Fish Unit M03. following requirements: and Wildlife Foundation may award more (H) The map entitled ‘‘Fort Clinch Unit (i) TERM; VACANCIES.— than 1 cash prize annually if the initial cash FL–01/FL–01P’’ and dated March 18, 2016, (I) TERM.—A member of the Board shall prize referred to in clause (i)(IX) and any ad- with respect to Unit FL–01 and Unit FL–01P. serve for a term of 5 years. ditional cash prize are awarded using only (I) The map entitled ‘‘Usina Beach Unit (II) VACANCIES.—A vacancy on the Board— non-Federal funds. P04A Conch Island Unit P05/P05P’’ and dated (aa) shall not affect the powers of the (iii) SOLICITATION OF FUNDS.—An agree- March 18, 2016, with respect to Unit P04A, Board; and ment shall provide that the National Fish Unit P05, and Unit P05P. (bb) shall be filled in the same manner as and Wildlife Foundation— (J) The map entitled ‘‘Ponce Inlet Unit the original appointment was made. (I) may request and accept Federal funds P08/P08P’’ and dated March 18, 2016, with re- (ii) INITIAL MEETING.—Not later than 30 and non-Federal funds for a cash prize; spect to Unit P08 and Unit P08P. days after the date on which all members of (II) may accept a contribution for a cash (K) The map entitled ‘‘Spessard Holland the Board have been appointed, the Board prize in exchange for the right to name the Park Unit FL–13P Coconut Point Unit P09A/ shall hold the initial meeting of the Board. prize; and P09AP’’ and dated March 18, 2016, with re- (iii) MEETINGS.— (III) shall not give special consideration to spect to Unit FL–13P, Unit P09A, and Unit (I) IN GENERAL.—The Board shall meet at any Federal agency or non-Federal entity in P09AP. the call of the Chairperson. exchange for a donation for a cash prize (L) The map entitled ‘‘Blue Hole Unit P10A (II) REMOTE PARTICIPATION.— awarded under this subsection. Pepper Beach Unit FL–14P’’ and dated March (aa) IN GENERAL.—Any member of the (C) AWARD AMOUNTS.— 18, 2016, with respect to Unit P10A and Unit Board may participate in a meeting of the (i) IN GENERAL.—The amount of the initial FL–14P. Board through the use of— cash prize referred to in subparagraph (M) The map entitled ‘‘Hutchinson Island (B)(i)(IX) shall be $100,000. (AA) teleconferencing; or Unit P11/P11P (1 of 2)’’ and dated March 18, (ii) ADDITIONAL CASH PRIZES.—On notifica- (BB) any other remote business tele- 2016, with respect to Unit P11 and Unit P11P. tion by the National Fish and Wildlife Foun- communications method that allows each (N) The map entitled ‘‘Hutchinson Island participating member to simultaneously dation that non-Federal funds are available for an additional cash prize, the Secretary Unit P11 (2 of 2)’’ and dated March 18, 2016, hear each other participating member during with respect to Unit P11. the meeting. shall determine the amount of the additional cash prize. (O) The map entitled ‘‘Blowing Rocks Unit (bb) PRESENCE.—A member of the Board FL–15 Jupiter Beach Unit FL–16P Carlin who participates in a meeting remotely SEC. 7002. REAUTHORIZATION OF NEOTROPICAL Unit FL–17P’’ and dated March 18, 2016, with under item (aa) shall be considered to be MIGRATORY BIRD CONSERVATION respect to Unit FL–15, Unit FL–16P, and Unit ACT. present at the meeting. FL–17P. (iv) QUORUM.—A majority of the members Section 10 of the Neotropical Migratory (P) The map entitled ‘‘MacArthur Beach of the Board shall constitute a quorum, but Bird Conservation Act (16 U.S.C. 6109) is Unit FL–18P’’ and dated March 18, 2016, with a lesser number of members may hold a amended to read as follows: respect to Unit FL–18P. meeting. ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (Q) The map entitled ‘‘Birch Park Unit FL– (v) CHAIRPERSON AND VICE CHAIRPERSON.— ‘‘(a) IN GENERAL.—There is authorized to 19P’’ and dated March 18, 2016, with respect The Board shall select a Chairperson and be appropriated to carry out this Act to Unit FL–19P. Vice Chairperson from among the members $6,500,000 for each of fiscal years 2019 through (R) The map entitled ‘‘Lloyd Beach Unit of the Board. 2023. FL–20P North Beach Unit P14A’’ and dated (vi) ADMINISTRATIVE COST REDUCTION.—The March 18, 2016, with respect to Unit FL–20P Board shall, to the maximum extent prac- ‘‘(b) USE OF FUNDS.—Of the amounts made and Unit P14A. ticable, minimize the administrative costs of available under subsection (a) for each fiscal (S) The map entitled ‘‘Tavernier Key Unit the Board, including by encouraging the re- year, not less than 75 percent shall be ex- FL–39 Snake Creek Unit FL–40’’ and dated mote participation described in clause pended for projects carried out at a location March 18, 2016, with respect to Unit FL–39 (iii)(II)(aa) to reduce travel costs. outside of the United States.’’. and Unit FL–40. (B) AGREEMENTS WITH NATIONAL FISH AND SEC. 7003. JOHN H. CHAFEE COASTAL BARRIER (T) The map entitled ‘‘Channel Key Unit WILDLIFE FOUNDATION.—Any agreement en- RESOURCES SYSTEM. FL–43 Toms Harbor Keys Unit FL–44 Deer/ tered into under paragraph (2)(D)(i), (3)(D)(i), (a) REPLACEMENT OF JOHN H. CHAFEE Long Point Keys Unit FL–45’’ and dated (4)(D)(i), (5)(D)(i), or (6)(D)(i) shall comply COASTAL BARRIER RESOURCES SYSTEM March 18, 2016, with respect to Unit FL–43, with the following requirements: MAPS.— Unit FL–44, and FL–45. (i) DUTIES.—An agreement shall provide (1) IN GENERAL.—Subject to paragraph (3), that the National Fish and Wildlife Founda- each map included in the set of maps re- (U) The map entitled ‘‘Boot Key Unit FL– tion shall— ferred to in section 4(a) of the Coastal Bar- 46’’ and dated March 18, 2016, with respect to (I) advertise the prize competition; rier Resources Act (16 U.S.C. 3503(a)) that re- Unit FL–46. (II) solicit prize competition participants; lates to a Unit of such System referred to in (V) The map entitled ‘‘Bowditch Point (III) administer funds relating to the prize paragraph (2) is replaced in such set with the Unit P17A Bunche Beach Unit FL–67/FL–67P competition; map described in that paragraph with re- Sanibel Island Complex P18P (1 of 2)’’ and (IV) receive Federal funds— spect to that Unit. dated March 18, 2016, with respect to Unit (aa) to administer the prize competition; (2) REPLACEMENT MAPS DESCRIBED.—The re- P17A, Unit FL–67, and Unit FL–67P. and placement maps referred to in paragraph (1) (W) The map entitled ‘‘Bocilla Island Unit (bb) to award a cash prize; are the following: P21/P21P’’ and dated March 18, 2016, with re- (V) carry out activities to generate con- (A) The map entitled ‘‘Delaware Seashore spect to Unit P21 and Unit P21P. tributions of non-Federal funds to offset, in Unit DE–07/DE–07P North Bethany Beach (X) The map entitled ‘‘Venice Inlet Unit whole or in part— Unit H01’’ and dated March 18, 2016, with re- FL–71P Casey Key Unit P22’’ and dated (aa) the administrative costs of the prize spect to Unit DE–07, Unit DE–07P, and Unit March 18, 2016, with respect to Unit P22. competition; and H01. (Y) The map entitled ‘‘Lido Key Unit FL– (bb) the costs of a cash prize; (B) The map entitled ‘‘Pine Island Bay 72P’’ and dated March 18, 2016, with respect (VI) in consultation with, and subject to Unit NC–01/NC–01P’’ and dated March 18, to Unit FL–72P. final approval by, the Secretary, develop cri- 2016, with respect to Unit NC–01 and Unit (Z) The map entitled ‘‘De Soto Unit FL– teria for the selection of prize competition NC–01P. 73P Rattlesnake Key Unit FL–78 Bishop Har- winners; (C) The map entitled ‘‘Roosevelt Natural bor Unit FL–82’’ and dated March 18, 2016, (VII) provide advice and consultation to Area Unit NC–05P’’ and dated March 18, 2016, with respect to Unit FL–73P, Unit FL–78, and the Secretary on the selection of judges with respect to Unit NC–05P. Unit FL–82. under paragraphs (2)(E), (3)(E), (4)(E), (5)(E), (D) The map entitled ‘‘Hammocks Beach (AA) The map entitled ‘‘Passage Key Unit and (6)(E) based on criteria developed in con- Unit NC–06/NC–06P (2 of 2) Onslow Beach FL–80P Egmont Key Unit FL–81/FL–81P The sultation with, and subject to the final ap- Complex L05 (1 of 2)’’ and dated March 18, Reefs Unit P24P (1 of 2)’’ and dated March 18, proval of, the Secretary; 2016, with respect to Unit L05. 2016, with respect to Unit FL–80P, Unit FL– (VIII) announce 1 or more annual winners (E) The map entitled ‘‘Onslow Beach Com- 81, and Unit FL–81P. of the prize competition; plex L05 (2 of 2) Topsail Unit L06 (1 of 2)’’ and (BB) The map entitled ‘‘Cockroach Bay (IX) subject to clause (ii), award 1 cash dated November 20, 2013, with respect to Unit Unit FL–83’’ and dated March 18, 2016, with prize annually; and L05 and Unit L06. respect to Unit FL–83.

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S987 (CC) The map entitled ‘‘Sand Key Unit FL– SEC. 8002. DEFINITIONS. out further authorization from Congress, 85P’’ and dated March 18, 2016, with respect In this subtitle: may, on application of a qualifying entity, to Unit FL–85P. (1) CONVEYED PROPERTY.—The term ‘‘con- convey to a qualifying entity all right, title, (DD) The map entitled ‘‘Pepperfish Keys veyed property’’ means an eligible facility and interest of the United States in and to Unit P26’’ and dated March 18, 2016, with re- that has been conveyed to a qualifying enti- any eligible facility, if— spect to Unit P26. ty under section 8003. (A) not later than 90 days before the date (EE) The map entitled ‘‘Peninsula Point (2) ELIGIBLE FACILITY.—The term ‘‘eligible on which the Secretary makes the convey- Unit FL–89’’ and dated March 18, 2016, with facility’’ means a facility that meets the cri- ance, the Secretary submits to Congress— respect to Unit FL–89. teria for potential transfer established under (i) a written notice of the proposed convey- (FF) The map entitled ‘‘Phillips Inlet Unit section 8004(a). ance; and FL–93/FL–93P Deer Lake Complex FL–94’’ (3) FACILITY.— (ii) a description of the reasons for the con- and dated March 18, 2016, with respect to (A) IN GENERAL.—The term ‘‘facility’’ in- veyance; and Unit FL–93, Unit FL–93P, and Unit FL–94. cludes a dam or appurtenant works, canal, (B) a joint resolution disapproving the con- (GG) The map entitled ‘‘St. Andrew Com- lateral, ditch, gate, control structure, pump- veyance is not enacted before the date on plex P31 (1 of 3)’’ and dated October 7, 2016, ing station, other infrastructure, rec- which the Secretary makes the conveyance. with respect to Unit P31. reational facility, building, distribution and (2) CONSULTATION.—A conveyance under (HH) The map entitled ‘‘St. Andrew Com- drainage works, and associated land or inter- paragraph (1) shall be made by written agree- plex P31 (2 of 3)’’ and dated October 7, 2016, est in land or water. ment between the Secretary and the quali- with respect to Unit P31. (B) EXCLUSIONS.—The term ‘‘facility’’ does fying entity, developed in consultation with (II) The map entitled ‘‘St. Andrew Complex not include a Reclamation project facility, any existing water and power customers af- P31/P31P (3 of 3)’’ and dated October 7, 2016, or a portion of a Reclamation project facil- fected by the conveyance of the eligible fa- with respect to Unit P31 and Unit P31P. ity— cility. (3) LIMITATIONS.—For purposes of para- (i) that is a reserved works as of the date (b) RESERVATION OF EASEMENT.—The Sec- graph (1)— of enactment of this Act; retary may reserve an easement over a con- (A) nothing in this subsection affects the (ii) that generates hydropower marketed veyed property if— boundaries of any of Units NC–06 and NC– by a Federal power marketing administra- (1) the Secretary determines that the ease- 06P; tion; or ment is necessary for the management of (B) the occurrence in paragraph (2) of the (iii) that is managed for recreation under a any interests retained by the Federal Gov- name of a Unit solely in the title of a map lease, permit, license, or other management ernment under this subtitle; agreement that does contribute to capital re- shall not be construed to be a reference to (2) the Reclamation project or a portion of payment. such Unit; and the Reclamation project remains under Fed- (4) PROJECT USE POWER.—The term ‘‘project (C) the depiction of boundaries of any of eral ownership; and use power’’ means the electrical capacity, Units P18P, FL–71P, and P24P in a map re- (3) the Secretary enters into an agreement energy, and associated ancillary service ferred to in subparagraph (V), (X), or (AA) of regarding the easement with the applicable components required to provide the min- paragraph (2) shall not be construed to affect qualifying entity. imum electrical service needed to operate or (c) INTERESTS IN WATER.—No interests in the boundaries of such Unit. maintain Reclamation project facilities in water shall be conveyed under this subtitle (4) CONFORMING AMENDMENT.—Section 4(a) accordance with the authorization for the unless the conveyance is provided for in a of the Coastal Barrier Resources Act (16 Reclamation project. separate, quantified agreement between the U.S.C. 3503(a)) is amended— (5) QUALIFYING ENTITY.—The term ‘‘quali- Secretary and the qualifying entity, subject (A) in the matter preceding paragraph (1), fying entity’’ means an agency of a State or to applicable State law and public process by inserting ‘‘replaced,’’ after ‘‘may be’’; and political subdivision of a State, a joint ac- requirements. (B) in paragraph (3), by inserting ‘‘replaces tion or powers agency, a water users associa- SEC. 8004. ELIGIBILITY CRITERIA. such a map or’’ after ‘‘that specifically’’. tion, or an Indian Tribe or Tribal utility au- (a) ESTABLISHMENT.—The Secretary shall (b) DIGITAL MAPS OF JOHN H. CHAFEE thority that— establish criteria for determining whether a COASTAL BARRIER RESOURCES SYSTEM (A) as of the date of conveyance under this facility is eligible for conveyance under this UNITS.—Section 4(b) of the Coastal Barrier subtitle, is the current operator of the eligi- subtitle. Resources Act (16 U.S.C. 3503(b)) is amend- ble facility pursuant to a contract with Rec- (b) MINIMUM REQUIREMENTS.— ed— lamation; and (1) AGREEMENT OF QUALIFYING ENTITY.—The (1) by inserting before the first sentence (B) as determined by the Secretary, has criteria established under subsection (a) the following: the capacity to continue to manage the eligi- shall include a requirement that a qualifying ‘‘(1) IN GENERAL.—’’; and ble facility for the same purposes for which entity shall agree— (2) by adding at the end the following: the property has been managed under the (A) to accept title to the eligible facility; ‘‘(2) DIGITAL MAPS.— reclamation laws. (B) to use the eligible facility for substan- ‘‘(A) AVAILABILITY.—The Secretary shall (6) RECLAMATION.—The term ‘‘Reclama- tially the same purposes for which the eligi- make available to the public on the Internet tion’’ means the Bureau of Reclamation. ble facility is being used at the time the Sec- web site of the United States Fish and Wild- (7) RECLAMATION PROJECT.—The term ‘‘Rec- retary evaluates the potential transfer; and life Service digital versions of the maps in- lamation project’’ means— (C) to provide, as consideration for the as- cluded in the set of maps referred to in sub- (A) any reclamation or irrigation project, sets to be conveyed, compensation to the section (a). including incidental features of the project— reclamation fund established by the first ‘‘(B) EFFECT.—Any determination as to (i) that is authorized by the reclamation section of the Act of June 17, 1902 (32 Stat. whether a location is inside or outside the laws; 388, chapter 1093), in an amount that is the System shall be made without regard to the (ii) that is constructed by the United equivalent of the net present value of any re- digital maps available under this paragraph, States pursuant to the reclamation laws; or payment obligation to the United States or except that this subparagraph does not apply (iii) in connection with which there is a re- other income stream that the United States with respect to any printed version of such a payment or water service contract executed derives from the eligible facility to be trans- digital map if the printed version is included by the United States pursuant to the rec- ferred, as of the date of the transfer. in the maps referred to in subsection (a). lamation laws; or (2) DETERMINATIONS OF SECRETARY.—The ‘‘(C) REPORT.—No later than 180 days after (B) any project constructed by the Sec- criteria established under subsection (a) the date of the enactment of Natural Re- retary for the reclamation of land. shall include a requirement that the Sec- sources Management Act, the Secretary (8) RESERVED WORKS.—The term ‘‘reserved retary shall— shall submit to the Committee on Natural works’’ means any building, structure, facil- (A) be able to enter into an agreement with Resources of the House of Representatives ity, or equipment— the qualifying entity with respect to the and the Committee on Environment and (A) that is owned by the Bureau; and legal, institutional, and financial arrange- Public Works of the Senate a report regard- (B) for which operations and maintenance ments relating to the conveyance; ing the progress and challenges in the transi- are performed, regardless of the source of (B) determine that the proposed transfer— tion from paper to digital maps and a time- funding— (i) would not have an unmitigated signifi- table for completion of the digitization of all (i) by an employee of the Bureau; or cant effect on the environment; maps related to the System.’’. (ii) through a contract entered into by the (ii) is consistent with the responsibilities (c) REPEAL OF REPORT.—Section 3 of Public Commissioner. of the Secretary— Law 109–226 (16 U.S.C. 3503 note) is repealed. (9) SECRETARY.—The term ‘‘Secretary’’ (I) in the role as trustee for federally rec- TITLE VIII—WATER AND POWER means the Secretary, acting through the ognized Indian Tribes; and Subtitle A—Reclamation Title Transfer Commissioner of Reclamation. (II) to ensure compliance with any applica- SEC. 8001. PURPOSE. SEC. 8003. AUTHORIZATION OF TRANSFERS OF ble international and Tribal treaties and The purpose of this subtitle is to facilitate TITLE TO ELIGIBLE FACILITIES. agreements and interstate compacts and the transfer of title to Reclamation project (a) AUTHORIZATION.— agreements; facilities to qualifying entities on the com- (1) IN GENERAL.—Subject to the require- (iii) is in the financial interest of the pletion of repayment of capital costs. ments of this subtitle, the Secretary, with- United States;

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S988 CONGRESSIONAL RECORD — SENATE February 6, 2019 (iv) protects the public aspects of the eligi- (C) the Secretary and the qualifying entity ‘‘(I) any expenditures of appropriated ble facility, including water rights managed enter into an agreement under which the funds; for public purposes, such as flood control or qualifying entity agrees to continue to be re- ‘‘(II) any power revenues; fish and wildlife; sponsible for a proportionate share of oper- ‘‘(III) any contributions by the States, (v) complies with all applicable Federal ation and maintenance and capital costs for power customers, Tribes, water users, and and State law; and the Federal facilities that generate and de- environmental organizations; and (vi) will not result in an adverse impact on liver, if applicable, power used for delivery of ‘‘(IV) any other sources of funds for the Re- fulfillment of existing water delivery obliga- Reclamation project water after the date of covery Implementation Programs; and tions consistent with historical operations conveyance, in accordance with Reclamation ‘‘(D) describes— and applicable contracts; and project use power rates. ‘‘(i) any activities to be carried out under (C) if the eligible facility proposed to be SEC. 8007. COMPLIANCE WITH OTHER LAWS. the Recovery Implementation Program after transferred is a dam or diversion works (not (a) IN GENERAL.—Before conveying an eli- September 30, 2023; and including canals or other project features gible facility under this subtitle, the Sec- ‘‘(ii) the projected cost of the activities de- that receive or convey water from the divert- retary shall comply with all applicable Fed- scribed under clause (i). ing works) diverting water from a water eral environmental laws, including— ‘‘(2) CONSULTATION REQUIRED.—The Sec- body containing a species listed as a threat- (1) the National Environmental Policy Act retary shall consult with the participants in ened species or an endangered species or crit- of 1969 (42 U.S.C. 4321 et seq.); the Recovery Implementation Programs in ical habitat under the Endangered Species (2) the Endangered Species Act of 1973 (16 preparing the report under paragraph (1).’’. Act of 1973 (16 U.S.C. 1531 et seq.), determine U.S.C. 1531 et seq.); and Subtitle C—Yakima River Basin Water that— (3) subtitle III of title 54, United States Enhancement Project Code. (i) the eligible facility continues to comply SEC. 8201. AUTHORIZATION OF PHASE III. with the Endangered Species Act of 1973 (16 (b) SENSE OF CONGRESS.—It is the sense of Congress that any Federal permitting and (a) DEFINITIONS.—In this section: U.S.C. 1531 et seq.) in a manner that provides (1) INTEGRATED PLAN.—The term ‘‘Inte- no less protection to the listed species as ex- review processes required with respect to a conveyance of an eligible facility under this grated Plan’’ means the Yakima River Basin isted under Federal ownership; and Integrated Water Resource Management (ii) the eligible facility is not part of the subtitle should be completed with the max- imum efficiency and effectiveness. Plan, the Federal elements of which are Central Valley Project in the State of Cali- known as ‘‘phase III of the Yakima River Subtitle B—Endangered Fish Recovery fornia. Basin Water Enhancement Project’’, as de- Programs (3) STATUS OF RECLAMATION LAND.—The cri- scribed in the Bureau of Reclamation docu- teria established under subsection (a) shall SEC. 8101. EXTENSION OF AUTHORIZATION FOR ment entitled ‘‘Record of Decision for the require that any land to be conveyed out of ANNUAL BASE FUNDING OF FISH RE- Yakima River Basin Integrated Water Re- COVERY PROGRAMS; REMOVAL OF Federal ownership under this subtitle is— source Management Plan Final Pro- (A) land acquired by the Secretary; or CERTAIN REPORTING REQUIRE- MENT. grammatic Environmental Impact State- (B) land withdrawn by the Secretary, only Section 3(d) of Public Law 106–392 (114 Stat. ment’’ and dated March 2, 2012. if— 1604; 126 Stat. 2444) is amended— (2) IRRIGATION ENTITY.—The term ‘‘irriga- (i) the Secretary determines in writing (1) by striking paragraph (1) and inserting tion entity’’ means a district, project, or that the withdrawn land is encumbered by the following: State-recognized authority, board of control, facilities to the extent that the withdrawn ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— agency, or entity located in the Yakima land is unsuitable for return to the public ‘‘(A) IN GENERAL.—There is authorized to River basin that manages and delivers irriga- domain; and be appropriated to the Secretary to be used tion water to farms in the Yakima River (ii) the qualifying entity agrees to pay fair by the Bureau of Reclamation to make the basin. market value based on historical or existing annual base funding contributions to the Re- (3) PRORATABLE IRRIGATION ENTITY.—The uses for the withdrawn land to be conveyed. covery Implementation Programs $10,000,000 term ‘‘proratable irrigation entity’’ means (c) HOLD HARMLESS.—No conveyance under for each of fiscal years 2020 through 2023. an irrigation entity that possesses, or the this subtitle shall adversely impact applica- ‘‘(B) NONREIMURSABLE FUNDS.—The funds members of which possess, proratable water ble Federal power rates, repayment obliga- contributed to the Recovery Implementation (as defined in section 1202 of Public Law 103– tions, or other project power uses. Programs under subparagraph (A) shall be 434 (108 Stat. 4551)). SEC. 8005. LIABILITY. considered a nonreimbursable Federal ex- (4) STATE.—The term ‘‘State’’ means the (a) IN GENERAL.—Effective on the date of penditure.’’; and State of Washington. conveyance of any eligible facility under this (2) in paragraph (2), by striking the fourth, (5) TOTAL WATER SUPPLY AVAILABLE.—The subtitle, the United States shall not be held fifth, sixth, and seventh sentences. term ‘‘total water supply available’’ has the liable by any court for damages of any kind SEC. 8102. REPORT ON RECOVERY IMPLEMENTA- meaning given the term in applicable civil arising out of any act, omission, or occur- TION PROGRAMS. actions, as determined by the Secretary. rence relating to the eligible facility, other Section 3 of Public Law 106–392 (114 Stat. (6) YAKIMA RIVER BASIN WATER ENHANCE- than damages caused by acts of negligence 1603; 126 Stat. 2444) is amended by adding at MENT PROJECT.—The term ‘‘Yakima River committed by the United States or by agents the end the following: Basin Water Enhancement Project’’ means or employees of the United States prior to ‘‘(j) REPORT.— the Yakima River basin water enhancement the date of the conveyance. ‘‘(1) IN GENERAL.—Not later than Sep- project authorized by Congress pursuant to (b) EFFECT.—Nothing in this section in- tember 30, 2021, the Secretary shall submit title XII of Public Law 103–434 (108 Stat. 4550; creases the liability of the United States be- to the appropriate committees of Congress a 114 Stat. 1425) and other Acts (including Pub- yond that currently provided in chapter 171 report that— lic Law 96–162 (93 Stat. 1241), section 109 of of title 28, United States Code (commonly ‘‘(A) describes the accomplishments of the Public Law 98–381 (16 U.S.C. 839b note), and known as the ‘‘Federal Tort Claims Act’’). Recovery Implementation Programs; Public Law 105–62 (111 Stat. 1320)) to promote SEC. 8006. BENEFITS. ‘‘(B) identifies— water conservation, water supply, habitat, After a conveyance of an eligible facility ‘‘(i) as of the date of the report, the listing and stream enhancement improvements in under this subtitle— status under the Endangered Species Act of the Yakima River basin. (1) the conveyed property shall no longer 1973 (16 U.S.C. 1531 et seq.) of the Colorado (b) INTEGRATED PLAN.— be considered to be part of a Reclamation pikeminnow, humpback chub, razorback (1) INITIAL DEVELOPMENT PHASE.— project; sucker, and bonytail; and (A) IN GENERAL.—As the initial develop- (2) except as provided in paragraph (3), the ‘‘(ii) as of September 30, 2023, the projected ment phase of the Integrated Plan, the Sec- qualifying entity to which the conveyed listing status under that Act of each of the retary, in coordination with the State and property is conveyed shall not be eligible to species referred to in clause (i); the Yakama Nation, shall identify and im- receive any benefits, including project use ‘‘(C)(i) identifies— plement projects under the Integrated Plan power, with respect to the conveyed prop- ‘‘(I) the total expenditures and the expend- that are prepared to be commenced during erty, except for any benefit that would be itures by categories of activities by the Re- the 10-year period beginning on the date of available to a similarly situated entity with covery Implementation Programs during the enactment of this Act. respect to property that is not a part of a period beginning on the date on which the (B) REQUIREMENT.—The initial develop- Reclamation project; and applicable Recovery Implementation Pro- ment phase of the Integrated Plan under sub- (3) the qualifying entity to which the con- gram was established and ending on Sep- paragraph (A) shall be carried out in accord- veyed property is conveyed may be eligible tember 30, 2021; and ance with— to receive project use power if— ‘‘(II) projected expenditures by the Recov- (i) this subsection, including any related (A) the qualifying entity is receiving ery Implementation Programs during the pe- plans, reports, and correspondence referred project use power as of the date of enact- riod beginning on October 1, 2021, and ending to in this subsection; and ment of this Act; on September 30, 2023; and (ii) title XII of Public Law 103–434 (108 (B) the project use power will be used for ‘‘(ii) for purposes of the expenditures iden- Stat. 4550; 114 Stat. 1425). the delivery of Reclamation project water; tified under clause (i), includes a description (2) INTERMEDIATE AND FINAL DEVELOPMENT and of— PHASES.—

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(A) PLANS.—The Secretary, in coordination Plant or the Keechelus to Kachess Pipeline (3) PROJECT POWER FOR KACHESS PUMPING with the State and the Yakama Nation, shall shall include provisions regarding— PLANT.— develop plans for the intermediate and final (i) responsibilities of each participating (A) IN GENERAL.—Subject to subparagraphs development phases of the Integrated Plan proratable irrigation entity for— (B) through (D), the Administrator of the to achieve the purposes of title XII of Public (I) the planning, design, and construction Bonneville Power Administration, pursuant Law 103–434 (108 Stat. 4550; 114 Stat. 1425), in- of infrastructure, in consultation and coordi- to the Pacific Northwest Electric Power cluding conducting applicable feasibility nation with the Secretary; and Planning and Conservation Act (16 U.S.C. 839 studies, environmental reviews, and other (II) the pumping and operational costs nec- et seq.), shall provide to the Secretary relevant studies required to develop those essary to provide the total water supply project power to operate the Kachess Pump- plans. available that is made inaccessible due to ing Plant constructed under this section if (B) INTERMEDIATE DEVELOPMENT PHASE.— drought pumping during any preceding cal- inactive storage in the Kachess Reservoir is The Secretary, in coordination with the endar year, if the Kachess Reservoir fails to needed to provide drought relief for irriga- State and the Yakama Nation, shall develop refill as a result of pumping drought storage tion. an intermediate development phase of the water during such a calendar year; (B) DETERMINATIONS BY SECRETARY.—The Integrated Plan, to commence not earlier (ii) property titles and responsibilities of project power described in subparagraph (A) than the date that is 10 years after the date each participating proratable irrigation enti- may be provided only if the Secretary deter- of enactment of this Act. ty for the maintenance of, and liability for, mines that— (C) FINAL DEVELOPMENT PHASE.—The Sec- all infrastructure constructed under title XII (i) there are in effect— retary, in coordination with the State and of Public Law 103–434 (108 Stat. 4550; 114 Stat. (I) a drought declaration issued by the the Yakama Nation, shall develop a final de- 1425); State; and velopment phase of the Integrated Plan, to (iii) operation and integration of the (II) conditions that have led to 70 percent commence not earlier than the date that is projects by the Secretary in the operation of or lower water delivery to proratable irriga- 20 years after the date of enactment of this the Yakima Project; and tion districts; and Act. (iv) costs associated with the design, fi- (ii) it is appropriate to provide the power (3) REQUIREMENTS.—The projects and ac- nancing, construction, operation, mainte- under that subparagraph. tivities identified by the Secretary for im- nance, and mitigation of projects, with the (C) PERIOD OF AVAILABILITY.—The power plementation under the Integrated Plan costs of Federal oversight and review to be described in subparagraph (A) shall be pro- shall be carried out only— nonreimbursable to the participating prorat- vided during the period— (A) subject to authorization and appropria- able irrigation entities and the Yakima (i) beginning on the date on which the Sec- tion; Project. retary makes the determinations described (B) contingent on the completion of appli- (B) TREATMENT.—A facility developed or in subparagraph (B); and cable feasibility studies, environmental re- operated by a participating proratable irri- (ii) ending on the earlier of— views, and cost-benefit analyses that include gation entity under this subsection shall not (I) the date that is 1 year after that date; favorable recommendations for further be considered to be a supplemental work for and project development; purposes of section 9(a) of the Reclamation (II) the date on which the Secretary deter- (C) on public review and a determination Project Act of 1939 (43 U.S.C. 485h(a)). mines that— by the Secretary that design, construction, (2) KACHESS RESERVOIR.— (aa) drought mitigation measures are still and operation of a proposed project or activ- (A) IN GENERAL.—Any additional stored necessary in the Yakima River basin; or ity is in the best interest of the public; and water made available by the construction of (bb) the power should no longer be provided (D) in accordance with applicable laws, in- a facility to access and deliver inactive and for any other reason. cluding— natural storage in Kachess Lake and Res- (D) RATE.— (i) the National Environmental Policy Act ervoir under this subsection— (i) IN GENERAL.—The Administrator of the of 1969 (42 U.S.C. 4321 et seq.); and (i) shall be considered to be Yakima Bonneville Power Administration shall pro- (ii) the Endangered Species Act of 1973 (16 Project water; vide project power under subparagraph (A) at U.S.C. 1531 et seq.). (ii) shall be used exclusively by the Sec- the then-applicable lowest Bonneville Power (4) EFFECT OF SUBSECTION.—Nothing in this retary to enhance the water supply during Administration rate for public body, cooper- subsection— years for which the total water supply avail- ative, and Federal agency customer firm ob- (A) shall be considered to be a new or sup- able is not sufficient to provide a percentage ligations on the date on which the authority plemental benefit for purposes of the Rec- of proratable entitlements in order to make is provided. lamation Reform Act of 1982 (43 U.S.C. 390aa that additional water available, in a quan- (ii) NO DISCOUNTS.—The rate under clause et seq.); tity representing not more than 70 percent of (i) shall not include any irrigation discount. (B) affects— proratable entitlements to the Kittitas Rec- (E) LOCAL PROVIDER.—During any period (i) any contract in existence on the date of lamation District, the Roza Irrigation Dis- for which project power is not provided enactment of this Act that was executed pur- trict, or any other proratable irrigation enti- under subparagraph (A), the Secretary shall suant to the reclamation laws; or ty participating in the construction, oper- obtain power to operate the Kachess Pump- (ii) any contract or agreement between the ation, or maintenance costs of a facility ing Plant from a local provider. Bureau of Indian Affairs and the Bureau of under this section, in accordance with such (F) OTHER COSTS.—The cost of power for Reclamation; terms and conditions as the districts may pumping and station service, and the costs of (C) affects, waives, abrogates, diminishes, agree, subject to the conditions that— transmitting power from the Federal Colum- defines, or interprets any treaty between the (I) the Bureau of Indian Affairs, the bia River power system to the pumping fa- Yakama Nation and the United States; or Wapato Irrigation Project, and the Yakama cilities of the Yakima River Basin Water En- (D) constrains the authority of the Sec- Nation, on an election to participate, may hancement Project, shall be borne by the ir- retary to provide fish passage in the Yakima also obtain water from Kachess Reservoir in- rigation districts receiving the benefits of River basin, in accordance with the Hoover active storage to enhance applicable existing the applicable water. Power Plant Act of 1984 (43 U.S.C. 619 et irrigation water supply in accordance with (G) DUTIES OF COMMISSIONER.—For purposes seq.). such terms and conditions as the Bureau of of this paragraph, the Commissioner of Rec- (5) PROGRESS REPORT.—Not later than 5 Indian Affairs and the Yakama Nation may lamation shall arrange transmission for any years after the date of enactment of this agree; and delivery of— Act, the Secretary, in conjunction with the (II) the additional supply made available (i) Federal power over the Bonneville sys- State and in consultation with the Yakama under this clause shall be available to par- tem through applicable tariff and business Nation, shall submit to the Committee on ticipating individuals and entities based on— practice processes of that system; or Energy and Natural Resources of the Senate (aa) the proportion that— and the Committee on Natural Resources of (AA) the proratable entitlement of each (ii) power obtained from any local pro- the House of Representatives a progress re- participating individual or entity; bears to vider. port on the development and implementa- (BB) the proratable entitlements of all par- (d) DESIGN AND USE OF GROUNDWATER RE- tion of the Integrated Plan. ticipating individuals and entities; or CHARGE PROJECTS.—The Secretary, in coordi- (c) FINANCING, CONSTRUCTION, OPERATION, (bb) such other proportion as the partici- nation with the State and the Yakama Na- AND MAINTENANCE OF KACHESS DROUGHT RE- pating entities may agree; and tion, may provide technical assistance for, LIEF PUMPING PLANT AND KEECHELUS TO (iii) shall not be any portion of the total participate in, and enter into agreements, in- KACHESS PIPELINE.— water supply available. cluding with irrigation entities for the use of (1) LONG-TERM AGREEMENTS.— (B) EFFECT OF PARAGRAPH.—Nothing in this excess conveyance capacity in Yakima River (A) IN GENERAL.—A long-term agreement paragraph affects, as in existence on the date Basin Water Enhancement Project facilities, negotiated pursuant to this section or the of enactment of this Act, any— for— reclamation laws between the Secretary and (i) contract; (1) groundwater recharge projects; and a participating proratable irrigation entity (ii) law (including regulations) relating to (2) aquifer storage and recovery projects. in the Yakima River basin for the non-Fed- repayment costs; eral financing, construction, operation, or (iii) water rights; or (e) OPERATIONAL CONTROL OF WATER SUP- maintenance of the Drought Relief Pumping (iv) treaty right of the Yakama Nation. PLIES.—

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(1) IN GENERAL.—The Secretary shall retain ‘‘(D) protection, creation, and enhance- ‘‘(A) domestic consumption (whether urban authority and discretion over the manage- ment of wetlands; and or rural); ment of Yakima River Basin Water Enhance- ‘‘(E) other appropriate means of habitat ‘‘(B) maintenance and protection of public ment Project supplies— improvement;’’; health and safety; (A) to optimize operational use and flexi- (2) in paragraph (2), by inserting ‘‘, munic- ‘‘(C) manufacture, fabrication, processing, bility; and ipal, industrial, and domestic water supply assembly, or other production of a good or (B) to ensure compliance with all applica- and use purposes, especially during drought commodity; ble Federal and State laws, treaty rights of years, including reducing the frequency and ‘‘(D) production of energy; the Yakama Nation, and legal obligations, severity of water supply shortages for pro- ‘‘(E) fish hatcheries; or including those under title XII of Public Law ratable irrigation entities’’ before the semi- ‘‘(F) water conservation activities relating 103–434 (108 Stat. 4550; 114 Stat. 1425). colon at the end; to a use described in subparagraphs (A) (2) INCLUSION.—The authority and discre- (3) by striking paragraph (4); through (E).’’; and tion described in paragraph (1) shall include (4) by redesignating paragraph (3) as para- (4) by inserting after paragraph (15) (as so the ability of the United States to store, de- graph (4); redesignated) the following: liver, conserve, and reuse water supplies de- (5) by inserting after paragraph (2) the fol- ‘‘(16) YAKIMA ENHANCEMENT PROJECT; YAK- riving from projects authorized under title lowing: IMA RIVER BASIN WATER ENHANCEMENT XII of Public Law 103–434 (108 Stat. 4550; 114 ‘‘(3) to authorize the Secretary to make PROJECT.—The terms ‘Yakima Enhancement Stat. 1425). water available for purchase or lease for Project’ and ‘Yakima River Basin Water En- (f) COOPERATIVE AGREEMENTS AND meeting municipal, industrial, and domestic hancement Project’ mean the Yakima River GRANTS.—The Secretary may enter into co- water supply purposes;’’; basin water enhancement project authorized operative agreements and make grants to (6) by redesignating paragraphs (5) and (6) by Congress pursuant to this Act and other carry out this section, including for the pur- as paragraphs (6) and (8), respectively; Acts (including Public Law 96–162 (93 Stat. poses of land and water transfers, leases, and (7) by inserting after paragraph (4) (as re- 1241), section 109 of Public Law 98–381 (16 acquisitions from willing participants, sub- designated by paragraph (4)) the following: U.S.C. 839b note; 98 Stat. 1340), Public Law ject to the condition that the acquiring enti- ‘‘(5) to realize sufficient water savings 105–62 (111 Stat. 1320), and Public Law 106–372 ty shall hold title to, and be responsible for, from implementing the Yakima River Basin (114 Stat. 1425)) to promote water conserva- all required operation, maintenance, and Integrated Water Resource Management tion, water supply, habitat, and stream en- management of the acquired land or water Plan, so that not less than 85,000 acre feet of hancement improvements in the Yakima during any period in which the acquiring en- water savings are achieved by implementing River basin.’’. tity holds title to the acquired land. the initial development phase of the Inte- SEC. 8203. YAKIMA RIVER BASIN WATER CON- (g) WATER CONSERVATION PROJECTS.—The grated Plan pursuant to section 8201(b)(1) of SERVATION PROGRAM. Secretary may participate in, provide fund- Section 1203 of Public Law 103–434 (108 the Natural Resources Management Act, in ing for, and accept non-Federal financing for Stat. 4551) is amended— addition to the 165,000 acre-feet of water sav- water conservation projects, regardless of (1) in subsection (a)— ings targeted through the Basin Conserva- whether the projects are in accordance with (A) in paragraph (1)— tion Program, as authorized on October 31, the Yakima River Basin Water Conservation (i) in the second sentence, by striking 1994;’’; Program established under section 1203 of ‘‘title’’ and inserting ‘‘section’’; and (8) in paragraph (6) (as redesignated by Public Law 103–434 (108 Stat. 4551), that are (ii) in the third sentence, by striking paragraph (6))— intended to partially implement the Inte- ‘‘within 5 years of the date of enactment of (A) by inserting ‘‘an increase in’’ before grated Plan by providing conserved water to this Act’’; and ‘‘voluntary’’; and improve tributary and mainstem stream (B) in paragraph (2), by striking ‘‘irriga- flow. (B) by striking ‘‘and’’ at the end; tion’’ and inserting ‘‘the number of irrigated (9) by inserting after paragraph (6) (as so (h) INDIAN IRRIGATION PROJECTS.— acres’’; (1) IN GENERAL.—The Secretary, acting redesignated) the following: (2) in subsection (c)— through the Commissioner of Reclamation, ‘‘(7) to encourage an increase in the use of, (A) in paragraph (2)— may contribute funds for the preparation of and reduce the barriers to, water transfers, (i) in each of subparagraphs (A) through plans and investigation measures, and, after leasing, markets, and other voluntary trans- (D), by striking the comma at the end of the the date on which the Secretary certifies actions among public and private entities to subparagraph and inserting a semicolon; that the measures are consistent with the enhance water management in the Yakima (ii) in subparagraph (E), by striking the water conservation objectives of this section, River basin;’’; comma at the end and inserting ‘‘; and’’; to any Indian irrigation project— (10) in paragraph (8) (as so redesignated), (iii) in subparagraph (F), by striking ‘‘De- (A) that is located in the Pacific Northwest by striking the period at the end and insert- partment of Wildlife of the State of Wash- Region; ing ‘‘; and’’; and ington, and’’ and inserting ‘‘Department of (B) that is identified in the report of the (11) by adding at the end the following: Fish and Wildlife of the State of Wash- Government Accountability Office numbered ‘‘(9) to improve the resilience of the eco- ington.’’; and GAO–15–453T; systems, economies, and communities in the (iv) by striking subparagraph (G); (C) that has been identified as part of a Bu- Yakima River basin facing drought, hydro- (B) in paragraph (3)— reau of Reclamation basin study pursuant to logic changes, and other related changes and (i) in each of subparagraphs (A) through subtitle F of title IX of Public Law 111–11 (42 variability in natural and human systems, (C), by striking the comma at the end of the U.S.C. 10361 et seq.) to increase water supply for the benefit of the people, fish, and wild- subparagraph and inserting a semicolon; for the Pacific Northwest Region; and life of the region.’’. (ii) in subparagraph (D), by striking ‘‘, (D) an improvement to which would con- (b) DEFINITIONS.—Section 1202 of Public and’’ at the end and inserting a semicolon; tribute to the flow of interstate water. Law 103–434 (108 Stat. 4550) is amended— (iii) in subparagraph (E), by striking the (2) AUTHORIZATION OF APPROPRIATIONS.— (1) by redesignating paragraphs (6), (7), (8), period at the end and inserting ‘‘; and’’; and There is authorized to be appropriated to (9), (10), (11), (12), (13), and (14) as paragraphs (iv) by adding at the end the following: carry out this subsection $75,000,000. (8), (10), (11), (12), (13), (14), (15), (17), and (18), ‘‘(F) provide recommendations to advance SEC. 8202. MODIFICATION OF PURPOSES AND respectively; the purposes and programs of the Yakima DEFINITIONS. (2) by inserting after paragraph (5) the fol- Enhancement Project, including the Inte- (a) PURPOSES.—Section 1201 of Public Law lowing: grated Plan.’’; and 103–434 (108 Stat. 4550) is amended— ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The (C) by striking paragraph (4) and inserting (1) by striking paragraph (1) and inserting term ‘designated Federal official’ means the the following: the following: Commissioner of Reclamation (or a des- ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF- ‘‘(1) to protect, mitigate, and enhance fish ignee), acting pursuant to the charter of the FICIAL.—The designated Federal official and wildlife and the recovery and mainte- Conservation Advisory Group. may— nance of self-sustaining harvestable popu- ‘‘(7) INTEGRATED PLAN.—The term ‘Inte- ‘‘(A) arrange and provide logistical support lations of fish and other aquatic life, both grated Plan’ has the meaning given the term for meetings of the Conservation Advisory anadromous and resident species, throughout in section 8201(a) of the Natural Resources Group; their historic distribution range in the Yak- Management Act, to be carried out in co- ‘‘(B) use a facilitator to serve as a moder- ima Basin through— operation with, and in addition to, activities ator for meetings of the Conservation Advi- ‘‘(A) improved water management and the of the State of Washington and the Yakama sory Group or provide additional logistical constructions of fish passage at storage and Nation.’’; support; and diversion dams, as authorized under the Hoo- (3) by inserting after paragraph (8) (as re- ‘‘(C) grant any request for a facilitator by ver Power Plant Act of 1984 (43 U.S.C. 619 et designated by paragraph (1)) the following: any member of the Conservation Advisory seq.); ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC Group.’’; ‘‘(B) improved instream flows and water WATER SUPPLY AND USE.—The term ‘munic- (3) in subsection (d), by adding at the end supplies; ipal, industrial, and domestic water supply the following: ‘‘(C) improved water quality, watershed, and use’ means the supply and use of water ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR and ecosystem function; for— FEDERAL GOVERNMENT.—

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‘‘(A) IN GENERAL.—The State or the Fed- (B) in subparagraph (B)(i), in the first sen- Yakima River basin when those improve- eral Government may fund not more than tence, by inserting ‘‘in proportion to the ments allow for increased irrigation system the 17.5-percent local share of the costs of funding received’’ after ‘‘Program’’; conveyance and corresponding reduction in the Basin Conservation Program in exchange (2) in subsection (b), in the second sen- diversion from tributaries or flow enhance- for the long-term use of conserved water, tence, by striking ‘‘instream flows for use by ments to tributaries through direct flow sup- subject to the requirement that the funding the Yakima Project Manager as flushing plementation or groundwater recharge; by the Federal Government of the local flows or as otherwise’’ and inserting ‘‘fishery ‘‘(D) improvements of irrigation system share of the costs shall provide a quantifi- purposes, as’’; and management or delivery facilities to reduce able public benefit in meeting Federal re- (3) in subsection (e), by striking paragraph or eliminate excessively high flows caused sponsibilities in the Yakima River basin and (1) and inserting the following: by the use of natural streams for conveyance the purposes of this title. ‘‘(1) IN GENERAL.—Additional purposes of or irrigation water or return water;’’; ‘‘(B) USE OF CONSERVED WATER.—The Yak- the Yakima Project shall be any of the fol- (vi) in subparagraph (E) (as redesignated ima Project Manager may use water result- lowing: by clause (iv)), by striking ‘‘ground water’’ ing from conservation measures taken under ‘‘(A) To recover and maintain self-sus- and inserting ‘‘groundwater recharge and’’; this title, in addition to water that the Bu- taining harvestable populations of native (vii) in subparagraph (G) (as so redesig- reau of Reclamation may acquire from any fish, both anadromous and resident species, nated), by inserting ‘‘or transfer’’ after ‘‘pur- willing seller through purchase, donation, or throughout their historic distribution range chase’’; and lease, for water management uses pursuant in the Yakima River basin. (viii) in subparagraph (H) (as so redesig- to this title.’’; ‘‘(B) To protect, mitigate, and enhance nated), by inserting ‘‘stream processes and’’ (4) in subsection (e), by striking the first aquatic life and wildlife. before ‘‘stream habitats’’; sentence and inserting the following: ‘‘To ‘‘(C) Recreation. (B) in paragraph (2)— participate in the Basin Conservation Pro- ‘‘(D) Municipal, industrial, and domestic (i) in the matter preceding subparagraph gram, as described in subsection (b), an enti- use.’’. (A), by striking ‘‘the Taneum Creek study’’ ty shall submit to the Secretary a proposed (c) ENHANCEMENT OF WATER SUPPLIES FOR and inserting ‘‘studies under this sub- water conservation plan.’’; YAKIMA BASIN TRIBUTARIES.—Section 1207 of section’’; (5) in subsection (i)(3)— Public Law 103–434 (108 Stat. 4560) is amend- (ii) in subparagraph (B)— ed— (A) by striking ‘‘purchase or lease’’ each (I) by striking ‘‘and economic’’ and insert- (1) in the section heading, by striking place it appears and inserting ‘‘purchase, ing ‘‘, infrastructure, economic, and land ‘‘ ’’ and inserting ‘‘ ’’; lease, or management’’; and SUPPLIES MANAGEMENT use’’; and (2) in subsection (a)— (B) in the third sentence, by striking (II) by striking ‘‘and’’ at the end; (A) in the matter preceding paragraph (1), ‘‘made immediately upon availability’’ and (iii) in subparagraph (C), by striking the by striking ‘‘supplies’’ and inserting ‘‘man- all that follows through ‘‘Committee’’ and period at the end and inserting ‘‘; and’’; and agement’’; inserting ‘‘continued as needed to provide (iv) by adding at the end the following: (B) in paragraph (1), by inserting ‘‘and water to be used by the Yakima Project ‘‘(D) any related studies already underway water supply entities’’ after ‘‘owners’’; and Manager as recommended by the System Op- (C) in paragraph (2)— or undertaken.’’; and erations Advisory Committee and the Con- (i) in subparagraph (A), by inserting ‘‘that (C) in paragraph (3), in the first sentence, servation Advisory Group’’; and choose not to participate in, or opt out of, by inserting ‘‘of each tributary or group of (6) in subsection (j)(4), in the first sen- tributary enhancement projects pursuant to tributaries’’ after ‘‘study’’; tence, by striking ‘‘initial acquisition’’ and this section’’ after ‘‘water right owners’’; and (4) in subsection (c)— all that follows through ‘‘flushing flows’’ and (ii) in subparagraph (B), by inserting ‘‘non- (A) in the subsection heading, by inserting inserting ‘‘acquisition of water from willing participating’’ before ‘‘tributary water ‘‘AND NONSURFACE STORAGE’’ after ‘‘NON- sellers or lessors specifically to provide im- users’’; STORAGE’’; and proved instream flows for anadromous and (3) in subsection (b)— (B) in the matter preceding paragraph (1), resident fish and other aquatic life, including (A) in paragraph (1)— by inserting ‘‘and nonsurface storage’’ after pulse flows to facilitate outward migration (i) by striking the paragraph designation ‘‘nonstorage’’; of anadromous fish’’. and all that follows through ‘‘(but not lim- (5) by striking subsection (d); SEC. 8204. YAKIMA BASIN WATER PROJECTS, OP- ited to)—’’ and inserting the following: (6) by redesignating subsection (e) as sub- ERATIONS, AND AUTHORIZATIONS. ‘‘(1) IN GENERAL.—The Secretary, following section (d); and (a) REDESIGNATION OF YAKAMA NATION.— consultation with the State of Washington, (7) in paragraph (2) of subsection (d) (as so Section 1204(g) of Public Law 103–434 (108 tributary water right owners, and the redesignated)— Stat. 4557) is amended— Yakama Nation, and on agreement of appro- (A) in the first sentence— (1) by striking the subsection designation priate water right owners, is authorized to (i) by inserting ‘‘and implementation’’ and heading and all that follows through conduct studies to evaluate measures to fur- after ‘‘investigation’’; paragraph (1) and inserting the following: ther Yakima Project purposes on tributaries (ii) by striking ‘‘other’’ before ‘‘Yakima ‘‘(g) REDESIGNATION OF YAKAMA INDIAN NA- to the Yakima River. Enhancement pro- River’’; and TION TO YAKAMA NATION.— grams that use measures authorized by this (iii) by inserting ‘‘and other water supply ‘‘(1) REDESIGNATION.—The Confederated subsection may be investigated and imple- entities’’ after ‘‘owners’’; and Tribes and Bands of the Yakama Indian Na- mented by the Secretary in tributaries to (B) by striking the second sentence. tion shall be known and designated as the the Yakima River, including Taneum Creek, (d) CHANDLER PUMPING PLANT AND POWER- ‘Confederated Tribes and Bands of the other areas, or tributary basins that cur- PLANT-OPERATIONS AT PROSSER DIVERSION Yakama Nation’.’’; and rently or could potentially be provided sup- DAM.—Section 1208(d) of Public Law 103–434 (2) in paragraph (2), by striking ‘‘deemed to plemental or transfer water by entities, such (108 Stat. 4562; 114 Stat. 1425) is amended by be a reference to the ‘Confederated Tribes as the Kittitas Reclamation District or the inserting ‘‘negatively’’ before ‘‘affected’’. and Bands of the Yakama Indian Nation’.’’ Yakima-Tieton Irrigation District, subject Subtitle D—Bureau of Reclamation Facility and inserting ‘‘deemed to be a reference to to the condition that activities may com- Conveyances the ‘Confederated Tribes and Bands of the mence on completion of applicable and re- Yakama Nation’.’’. quired feasibility studies, environmental re- SEC. 8301. CONVEYANCE OF MAINTENANCE COM- (b) OPERATION OF YAKIMA BASIN views, and cost-benefit analyses that include PLEX AND DISTRICT OFFICE OF THE PROJECTS.—Section 1205 of Public Law 103– favorable recommendations for further ARBUCKLE PROJECT, OKLAHOMA. 434 (108 Stat. 4557) is amended— project development, as appropriate. Meas- (a) DEFINITIONS.—In this section: (1) in subsection (a)(4)— ures to evaluate include—’’; (1) AGREEMENT.—The term ‘‘Agreement’’ (A) in subparagraph (A)— (ii) by indenting subparagraphs (A) means the agreement entitled ‘‘Agreement (i) in clause (i)— through (F) appropriately; between the United States and the Arbuckle (I) by inserting ‘‘additional’’ after ‘‘se- (iii) in subparagraph (A), by inserting be- Master Conservancy District for Transfer- cure’’; fore the semicolon at the end the following: ring Title to the Federally Owned Mainte- (II) by striking ‘‘flushing’’ and inserting ‘‘, including irrigation efficiency improve- nance Complex and District Office to the Ar- ‘‘pulse’’; and ments (in coordination with programs of the buckle Master Conservancy District’’ and (III) by striking ‘‘uses’’ and inserting Department of Agriculture), consolidation of numbered 14AG640141. ‘‘uses, in addition to the quantity of water diversions or administration, and diversion (2) DISTRICT.—The term ‘‘District’’ means provided under the treaty between the scheduling or coordination’’; the Arbuckle Master Conservancy District, Yakama Nation and the United States’’; (iv) by redesignating subparagraphs (C) located in Murray County, Oklahoma. (ii) by striking clause (ii); through (F) as subparagraphs (E) through (3) DISTRICT OFFICE.—The term ‘‘District (iii) by redesignating clause (iii) as clause (H), respectively; Office’’ means— (ii); and (v) by inserting after subparagraph (B) the (A) the headquarters building located at (iv) in clause (ii) (as so redesignated) by in- following: 2440 East Main, Davis, Oklahoma; and serting ‘‘and water rights mandated’’ after ‘‘(C) improvements in irrigation system (B) the approximately 0.83 acres of land de- ‘‘goals’’; and management or delivery facilities within the scribed in the Agreement.

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(4) MAINTENANCE COMPLEX.—The term (C) EXCLUSION.—The term ‘‘Contra Costa ant to the Rock Slough fish screen facility ‘‘Maintenance Complex’’ means the care- Canal’’ does not include the Rock Slough title transfer agreement. taker’s residence, shop buildings, and any fish screen facility. (B) COOPERATION.—Not later than 180 days appurtenances located on the land described (3) CONTRA COSTA CANAL AGREEMENT.—The after the conveyance of the Contra Costa in the Agreement comprising approximately term ‘‘Contra Costa Canal Agreement’’ Canal, the Secretary and the District shall 2 acres. means an agreement between the District enter into good faith negotiations to accom- (b) CONVEYANCE TO DISTRICT.—As soon as and the Bureau of Reclamation to determine plish the conveyance and assignment under practicable after the date of enactment of the legal, institutional, and financial terms subparagraph (A). this Act, the Secretary shall convey to the surrounding the transfer of the Contra Costa (3) PAYMENT OF COSTS.—The District shall District, all right, title, and interest of the Canal, including compensation to the rec- pay to the Secretary any administrative and United States in and to the Maintenance lamation fund established by the first sec- real estate transfer costs incurred by the Complex and District Office, Arbuckle tion of the Act of June 17, 1902 (32 Stat. 388, Secretary in carrying out the conveyances Project, Oklahoma, consistent with the chapter 1093), equal to the net present value and assignments under paragraphs (1) and terms and conditions of the Agreement. of miscellaneous revenues that the United (2), including the cost of any boundary sur- (c) LIABILITY.— States would otherwise derive over the 10 vey, title search, cadastral survey, appraisal, (1) IN GENERAL.—Effective on the date of years following the date of enactment of this and other real estate transaction required conveyance to the District of the Mainte- Act from the eligible land and facilities to be for the conveyances and assignments. nance Complex and District Office under this transferred, as governed by reclamation law (4) COMPLIANCE WITH ENVIRONMENTAL section, the United States shall not be held and policy and the contracts. LAWS.— liable by any court for damages of any kind (4) CONTRACTS.—The term ‘‘contracts’’ (A) IN GENERAL.—Before carrying out the arising out of any act, omission, or occur- means the existing water service contract conveyances and assignments under para- rence relating to the Maintenance Complex between the District and the United States, graphs (1) and (2), the Secretary shall comply or District Office, except for damages caused Contract No. 175r–3401A–LTR1 (2005), Con- with all applicable requirements under— by acts of negligence committed by the tract No. 14–06–200–6072A (1972, as amended), (i) the National Environmental Policy Act United States or by an employee or agent of and any other contract or land permit in- of 1969 (42 U.S.C. 4321 et seq.); the United States prior to the date of con- volving the United States, the District, and (ii) the Endangered Species Act of 1973 (16 veyance. Contra Costa Canal. U.S.C. 1531 et seq.); and (2) APPLICABLE LAW.—Nothing in this sec- (5) DISTRICT.—The term ‘‘District’’ means (iii) any other law applicable to the Contra tion increases the liability of the United the Contra Costa Water District, a political Costa Canal or the acquired land. States beyond the liability provided in chap- subdivision of the State of California. (B) EFFECT.—Nothing in this section modi- ter 171 of title 28, United States Code (com- (6) ROCK SLOUGH FISH SCREEN FACILITY.— fies or alters any obligations under— monly known as the ‘‘Federal Tort Claims (A) IN GENERAL.—The term ‘‘Rock Slough (i) the National Environmental Policy Act Act’’), on the date of enactment of this Act. fish screen facility’’ means the fish screen of 1969 (42 U.S.C. 4321 et seq.); or facility at the Rock Slough intake to the (d) BENEFITS.—After the conveyance of the (ii) the Endangered Species Act of 1973 (16 Maintenance Complex and District Office to Contra Costa Canal. U.S.C. 1531 et seq.). NCLUSIONS.—The term ‘‘Rock Slough the District under this section— (B) I fish screen facility’’ includes the screen (c) RELATIONSHIP TO EXISTING CENTRAL (1) the Maintenance Complex and District structure, rake cleaning system, and acces- VALLEY PROJECT CONTRACTS.— Office shall not be considered to be a part of sory structures integral to the screen func- (1) IN GENERAL.—Nothing in this section af- a Federal reclamation project; and tion of the Rock Slough fish screen facility, fects— (2) the District shall not be eligible to re- as required under the Central Valley Project (A) the application of the reclamation laws ceive any benefits with respect to any facil- Improvement Act (Public Law 102–575; 106 to water delivered to the District pursuant ity comprising that Maintenance Complex Stat. 4706). to any contract with the Secretary; or and District Office, other than benefits that (7) ROCK SLOUGH FISH SCREEN FACILITY (B) subject to paragraph (2), the contracts. would be available to a similarly situated TITLE TRANSFER AGREEMENT.—The term (2) AMENDMENTS TO CONTRACTS.—The Sec- person with respect to a facility that is not ‘‘Rock Slough fish screen facility title trans- retary and the District may modify the con- part of a Federal reclamation project. fer agreement’’ means an agreement between tracts as necessary to comply with this sec- (e) COMMUNICATION.—If the Secretary has the District and the Bureau of Reclamation tion. not completed the conveyance required to— (3) LIABILITY.— under subsection (b) by the date that is 1 (A) determine the legal, institutional, and (A) IN GENERAL.—Except as provided in year after the date of enactment of this Act, financial terms surrounding the transfer of subparagraph (B), the United States shall the Secretary shall submit to Congress a let- the Rock Slough fish screen facility; and not be liable for damages arising out of any ter with sufficient detail that— (B) ensure the continued safe and reliable act, omission, or occurrence relating to the (1) explains the reasons the conveyance has operations of the Rock Slough fish screen fa- Contra Costa Canal or the acquired land. not been completed; and cility. (B) EXCEPTION.—The United States shall (2) specifies the date by which the convey- (b) CONVEYANCE OF LAND AND FACILITIES.— continue to be liable for damages caused by ance will be completed. (1) IN GENERAL.—Not later than 180 days acts of negligence committed by the United SEC. 8302. CONTRA COSTA CANAL TRANSFER. after the date of enactment of this Act, in States or by any employee or agent of the (a) DEFINITIONS.—In this section: consideration for the District assuming from United States before the date of the convey- (1) ACQUIRED LAND.—The term ‘‘acquired the United States all liability for the admin- ance and assignment under subsection (b)(1), land’’ means land in Federal ownership and istration, operation, maintenance, and re- consistent with chapter 171 of title 28, United land over which the Federal Government placement of the Contra Costa Canal, con- States Code (commonly known as the ‘‘Fed- holds an interest for the purpose of the con- sistent with the terms and conditions set eral Tort Claims Act’’). struction and operation of the Contra Costa forth in the Contra Costa Canal Agreement (C) LIMITATION.—Nothing in this section Canal, including land under the jurisdiction and subject to valid existing rights and ex- increases the liability of the United States of— isting recreation agreements between the beyond the liability provided under chapter (A) the Bureau of Reclamation; Bureau of Reclamation and the East Bay Re- 171 of title 28, United States Code (commonly (B) the Western Area Power Administra- gional Park District for Contra Loma Re- known as the ‘‘Federal Tort Claims Act’’). tion; and gional Park and other local agencies within (d) REPORT.—If the conveyance and assign- (C) the Department of Defense in the case the Contra Costa Canal, the Secretary shall ment authorized by subsection (b)(1) is not of the Clayton Canal diversion traversing the offer to convey and assign to the District— completed by the date that is 1 year after Concord Naval Weapons Station. (A) all right, title, and interest of the the date of enactment of this Act, the Sec- (2) CONTRA COSTA CANAL.— United States in and to— retary shall submit to Congress a report (A) IN GENERAL.—The term ‘‘Contra Costa (i) the Contra Costa Canal; and that— Canal’’ means the Contra Costa Canal Unit (ii) the acquired land; and (1) describes the status of the conveyance of the Central Valley Project, which exclu- (B) all interests reserved and developed as and assignment; sively serves the Contra Costa Water Dis- of the date of enactment of this Act for the (2) describes any obstacles to completing trict in an urban area of Contra Costa Coun- Contra Costa Canal in the acquired land, in- the conveyance and assignment; and ty, California. cluding existing recreation agreements be- (3) specifies an anticipated date for com- (B) INCLUSIONS.—The term ‘‘Contra Costa tween the Bureau of Reclamation and the pletion of the conveyance and assignment. Canal’’ includes pipelines, conduits, pumping East Bay Regional Park District for Contra plants, aqueducts, laterals, water storage Loma Regional Park and other local agen- Subtitle E—Project Authorizations and regulatory facilities, electric sub- cies within the Contra Costa Canal. stations, related works and improvements, (2) ROCK SLOUGH FISH SCREEN FACILITY.— SEC. 8401. EXTENSION OF EQUUS BEDS DIVISION OF THE WICHITA PROJECT. and all interests in land associated with the (A) IN GENERAL.—The Secretary shall con- Contra Costa Canal Unit of the Central Val- vey and assign to the District all right, title, Section 10(h) of Public Law 86–787 (74 Stat. ley Project in existence on the date of enact- and interest of the United States in and to 1026; 120 Stat. 1474) is amended by striking ment of this Act. the Rock Slough fish screen facility pursu- ‘‘10 years’’ and inserting ‘‘20 years’’.

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S993 Subtitle F—Modifications of Existing SEC. 8602. ASSET MANAGEMENT REPORT EN- sponsible for the operation and maintenance Programs HANCEMENTS FOR RESERVED of transferred works in developing reporting WORKS. requirements for Asset Management Reports SEC. 8501. WATERSMART. (a) IN GENERAL.—Not later than 2 years with respect to major repair and rehabilita- after the date of enactment of this Act, the Section 9504 of the Omnibus Public Land tion needs for transferred works that are Secretary shall submit to Congress an Asset similar to the reporting requirements de- Management Act of 2009 (42 U.S.C. 10364) is Management Report that— amended in subsection (a)— scribed in section 8602(b). (1) describes the efforts of the Bureau— (b) GUIDANCE.— (1) in paragraph (2)(A)— (A) to maintain in a reliable manner all re- (1) IN GENERAL.—After considering input (A) by striking ‘‘within the States’’ and in- served works at Reclamation facilities; and from water and power contractors of the Bu- serting the following: ‘‘within— (B) to standardize and streamline data re- reau, the Secretary shall develop and imple- ‘‘(i) the States’’; porting and processes across regions and ment a rating system for transferred works (B) in clause (i) (as so designated), by areas for the purpose of maintaining re- that incorporates, to the maximum extent striking ‘‘and’’ at the end; and served works at Reclamation facilities; and practicable, the rating system for major re- (C) by adding at the end the following: (2) expands on the information otherwise pair and rehabilitation needs for reserved ‘‘(ii) the State of Alaska; or provided in an Asset Management Report, in works developed under section 8602(b)(3). ‘‘(iii) the State of Hawaii; and’’; and accordance with subsection (b). (2) UPDATES.—The ratings system devel- (2) in paragraph (3)(B)— (b) INFRASTRUCTURE MAINTENANCE NEEDS oped under paragraph (1) shall be included in (A) by redesignating clauses (i) and (ii) as ASSESSMENT.— the updated Asset Management Reports subclauses (I) and (II), respectively, and in- (1) IN GENERAL.—The Asset Management under section 8602(c). denting appropriately; Report submitted under subsection (a) shall (B) in the matter preceding subclause (I) include— TITLE IX—MISCELLANEOUS (as so redesignated), by striking ‘‘In car- (A) a detailed assessment of major repair SEC. 9001. EVERY KID OUTDOORS ACT. rying’’ and inserting the following: and rehabilitation needs for all reserved (a) DEFINITIONS.—In this section: ‘‘(i) IN GENERAL.—Except as provided in works at all Reclamation projects; and (1) FEDERAL LAND AND WATERS.—The term clause (ii), in carrying’’; and (B) to the maximum extent practicable, an ‘‘Federal land and waters’’ means any Fed- (C) by adding at the end the following: itemized list of major repair and rehabilita- eral land or body of water under the jurisdic- ‘‘(ii) INDIAN TRIBES.—In the case of an eligi- tion needs of individual Reclamation facili- tion of any of the Secretaries to which the ble applicant that is an Indian tribe, in car- ties at each Reclamation project. public has access. rying out paragraph (1), the Secretary shall (2) INCLUSIONS.—To the maximum extent (2) PROGRAM.—The term ‘‘program’’ means not provide a grant, or enter into an agree- practicable, the itemized list of major repair the Every Kid Outdoors program established ment, for an improvement to conserve irriga- and rehabilitation needs under paragraph under subsection (b)(1). tion water unless the Indian tribe agrees (1)(B) shall include— (3) SECRETARIES.—The term ‘‘Secretaries’’ not— (A) a budget level cost estimate of the ap- means— ‘‘(I) to use any associated water savings to propriations needed to complete each item; (A) the Secretary, acting through— increase the total irrigated acreage more and (i) the Director of the National Park Serv- than the water right of that Indian tribe, as (B) an assignment of a categorical rating ice; determined by— for each item, consistent with paragraph (3). (ii) the Director of the United States Fish ‘‘(aa) a court decree; (3) RATING REQUIREMENTS.— and Wildlife Service; ‘‘(bb) a settlement; (A) IN GENERAL.—The system for assigning (iii) the Director of the Bureau of Land ‘‘(cc) a law; or ratings under paragraph (2)(B) shall be— Management; and ‘‘(dd) any combination of the authorities (i) consistent with existing uniform cat- (iv) the Commissioner of Reclamation; described in items (aa) through (cc); or egorization systems to inform the annual (B) the Secretary of Agriculture, acting ‘‘(II) to otherwise increase the consump- budget process and agency requirements; and through the Chief of the Forest Service; tive use of water more than the water right (ii) subject to the guidance and instruc- (C) the Secretary of Commerce, acting of the Indian tribe described in subclause tions issued under subparagraph (B). through the Administrator of the National (I).’’. (B) GUIDANCE.—As soon as practicable after Oceanic and Atmospheric Administration; the date of enactment of this Act, the Sec- and Subtitle G—Bureau of Reclamation retary shall issue guidance that describes (D) the Secretary of the Army, acting Transparency the applicability of the rating system appli- through the Assistant Secretary of the Army for Civil Works. SEC. 8601. DEFINITIONS. cable under paragraph (2)(B) to Reclamation facilities. (4) STATE.—The term ‘‘State’’ means each In this part: (4) PUBLIC AVAILABILITY.—Except as pro- of the several States, the District of Colum- (1) ASSET.— vided in paragraph (5), the Secretary shall bia, American Samoa, Guam, the Northern (A) IN GENERAL.—The term ‘‘asset’’ means make publicly available, including on the Mariana Islands, Puerto Rico, the Virgin Is- any of the following assets that are used to internet, the Asset Management Report re- lands of the United States, and any other achieve the mission of the Bureau to man- quired under subsection (a). territory or possession of the United States. age, develop, and protect water and related (5) CONFIDENTIALITY.—The Secretary may (5) STUDENT OR STUDENTS.—The term ‘‘stu- resources in an environmentally and eco- exclude from the public version of the Asset dent’’ or ‘‘students’’ means any fourth grader nomically sound manner in the interest of Management Report made available under or home-schooled learner 10 years of age re- the people of the United States: paragraph (4) any information that the Sec- siding in the United States, including any (i) Capitalized facilities, buildings, struc- retary identifies as sensitive or classified, territory or possession of the United States. tures, project features, power production but shall make available to the Committee (b) EVERY KID OUTDOORS PROGRAM.— equipment, recreation facilities, or quarters. on Energy and Natural Resources of the Sen- (1) ESTABLISHMENT.—The Secretaries shall (ii) Capitalized and noncapitalized heavy ate and the Committee on Natural Resources jointly establish a program, to be known as equipment and other installed equipment. of the House of Representatives a version of the ‘‘Every Kid Outdoors program’’, to pro- (B) INCLUSIONS.—The term ‘‘asset’’ includes the report containing the sensitive or classi- vide free access to Federal land and waters assets described in subparagraph (A) that are fied information. for students and accompanying individuals considered to be mission critical. (c) UPDATES.—Not later than 2 years after in accordance with this subsection. (2) ASSET MANAGEMENT REPORT.—The term the date on which the Asset Management Re- (2) ANNUAL PASSES.— ‘‘Asset Management Report’’ means— port is submitted under subsection (a) and (A) IN GENERAL.—At the request of a stu- (A) the annual plan prepared by the Bureau biennially thereafter, the Secretary shall up- dent, the Secretaries shall issue a pass to the known as the ‘‘Asset Management Plan’’; date the Asset Management Report, subject student, which allows access to Federal and to the requirements of section 8603(b)(2). lands and waters for which access is subject (B) any publicly available information re- (d) CONSULTATION.—To the extent that to an entrance, standard amenity, or day use lating to the plan described in subparagraph such consultation would assist the Secretary fee, free of charge for the student and— (A) that summarizes the efforts of the Bu- in preparing the Asset Management Report (i) in the case of a per-vehicle fee area— reau to evaluate and manage infrastructure under subsection (a) and updates to the (I) any passengers accompanying the stu- assets of the Bureau. Asset Management Report under subsection dent in a private, noncommercial vehicle; or (3) MAJOR REPAIR AND REHABILITATION (c), the Secretary shall consult with— (II) not more than three adults accom- NEED.—The term ‘‘major repair and rehabili- (1) the Secretary of the Army (acting panying the student on bicycles; or tation need’’ means major nonrecurring through the Chief of Engineers); and (ii) in the case of a per-person fee area, not maintenance at a Reclamation facility, in- (2) water and power contractors. more than three adults accompanying the cluding maintenance related to the safety of SEC. 8603. ASSET MANAGEMENT REPORT EN- student. dams, extraordinary maintenance of dams, HANCEMENTS FOR TRANSFERRED (B) TERM.—A pass described in subpara- deferred major maintenance activities, and WORKS. graph (A) shall be effective during the period all other significant repairs and extraor- (a) IN GENERAL.—The Secretary shall co- beginning on September 1 and ending on Au- dinary maintenance. ordinate with the non-Federal entities re- gust 31 of the following year.

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(C) PRESENCE OF A STUDENT IN GRADE FOUR ees Compensation Act’’), shall not apply to ‘‘(i) an institution described in section REQUIRED.—A pass described in subparagraph an eligible organization or individual con- 101(b) of the Higher Education Act of 1965 (20 (A) shall be effective only if the student to ducting a good Samaritan search-and-recov- U.S.C. 1001(b)); or which the pass was issued is present at the ery mission under this section, and the con- ‘‘(ii) an institution outside the United point of entry to the applicable Federal land duct of the good Samaritan search-and-re- States, as described in section 102(a)(1)(C) of or water. covery mission shall not constitute civilian the Higher Education Act of 1965 (20 U.S.C. (3) OTHER ACTIVITIES.—In carrying out the employment. 1002(a)(1)(C)).’’; program, the Secretaries— (c) RELEASE OF FEDERAL GOVERNMENT (4) in paragraph (9) (as so redesignated)— (A) may collaborate with State Park sys- FROM LIABILITY.—The Secretary shall not re- (A) in the matter preceding subparagraph tems that opt to implement a complemen- quire an eligible organization or individual (A), by striking ‘‘, as follows’’ and inserting tary Every Kid Outdoors State park pass; to have liability insurance as a condition of ‘‘and other conservation and restoration ini- (B) may coordinate with the Secretary of accessing Federal land under this section, if tiatives, as follows’’; and Education to implement the program; the eligible organization or individual— (B) by adding at the end the following: (C) shall maintain a publicly available (1) acknowledges and consents, in writing, ‘‘(E) To protect, restore, or enhance ma- website with information about the program; to the provisions described in subparagraphs rine, estuarine, riverine, and coastal habitat (D) may provide visitor services for the (A) through (D) of subsection (b)(2); and ecosystem components— program; and (2) signs a waiver releasing the Federal ‘‘(i) to promote the recovery of threatened (E) may support approved partners of the Government from all liability relating to the species, endangered species, and managed Federal land and waters by providing the access granted under this section and agrees fisheries; partners with opportunities to participate in to indemnify and hold harmless the United ‘‘(ii) to restore fisheries, protected re- the program. States from any claims or lawsuits arising sources, and habitats impacted by oil and (4) REPORTS.—The Secretary, in coordina- from any conduct by the eligible organiza- chemical spills and natural disasters; or tion with each Secretary described in sub- tion or individual on Federal land. ‘‘(iii) to enhance the resilience of coastal paragraphs (B) through (D) of subsection ecosystems, communities, and economies (d) APPROVAL AND DENIAL OF REQUESTS.— (a)(3), shall prepare a comprehensive report through habitat conservation.’’; (1) IN GENERAL.—The Secretary shall notify to Congress each year describing— (5) in subparagraph (A) of paragraph (11) an eligible organization or individual of the (A) the implementation of the program; (as so redesignated), by striking ‘‘individuals approval or denial of a request by the eligi- (B) the number and geographical distribu- between the ages of 16 and 30, inclusive,’’ and ble organization or individual to carry out a tion of students who participated in the pro- inserting ‘‘individuals between the ages of 16 good Samaritan search-and-recovery mission gram; and and 30, inclusive, or veterans age 35 or under this section by not later than 48 hours (C) the number of passes described in para- younger’’; after the request is made. graph (2)(A) that were distributed. (6) in paragraph (13) (as so redesignated)— (2) DENIALS.—If the Secretary denies a re- (5) SUNSET.—The authorities provided in (A) in subparagraph (A), by striking ‘‘and’’ quest from an eligible organization or indi- this section, including the reporting require- at the end; vidual to carry out a good Samaritan search- ment, shall expire on the date that is 7 years (B) in subparagraph (B), by striking the pe- and-recovery mission under this section, the after the date of enactment of this Act. riod at the end and inserting ‘‘; and’’; and Secretary shall notify the eligible organiza- SEC. 9002. GOOD SAMARITAN SEARCH AND RE- (C) by adding at the end the following: tion or individual of— COVERY ACT. ‘‘(C) with respect to the National Marine (a) DEFINITIONS.—In this section: (A) the reason for the denial of the request; Sanctuary System, coral reefs, and other (1) ELIGIBLE.—The term ‘‘eligible’’, with re- and coastal, estuarine, and marine habitats, and spect to an organization or individual, means (B) any actions that the eligible organiza- other land and facilities administered by the that the organization or individual, respec- tion or individual can take to meet the re- National Oceanic and Atmospheric Adminis- tively, is— quirements for the request to be approved. tration, the Secretary of Commerce.’’; and (A) acting in a not-for-profit capacity; and (e) PARTNERSHIPS.—Each Secretary shall (7) by adding at the end the following: (B) composed entirely of members who, at develop search-and-recovery-focused partner- ‘‘(15) VETERAN.—The term ‘veteran’ has the the time of the good Samaritan search-and- ships with search-and-recovery organiza- meaning given the term in section 101 of recovery mission, have attained the age of tions— title 38, United States Code.’’. majority under the law of the State where (1) to coordinate good Samaritan search- (b) PUBLIC LANDS CORPS PROGRAM.—Sec- the mission takes place. and-recovery missions on Federal land under tion 204 of the Public Lands Corps Act of 1993 (2) GOOD SAMARITAN SEARCH-AND-RECOVERY the administrative jurisdiction of the Sec- (16 U.S.C. 1723) is amended— MISSION.—The term ‘‘good Samaritan search- retary; and (1) by striking subsection (a) and inserting and-recovery mission’’ means a search con- (2) to expedite and accelerate good Samari- the following: ducted by an eligible organization or indi- tan search-and-recovery mission efforts for ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS vidual for 1 or more missing individuals be- missing individuals on Federal land under CORPS.— lieved to be deceased at the time that the the administrative jurisdiction of the Sec- ‘‘(1) IN GENERAL.—There is established in search is initiated. retary. the Department of the Interior, the Depart- (3) SECRETARY.—The term ‘‘Secretary’’ (f) REPORT.—Not later than 180 days after ment of Agriculture, and the Department of means the Secretary or the Secretary of Ag- the date of enactment of this Act, the Secre- Commerce a corps, to be known as the ‘Pub- riculture, as applicable. taries shall submit to Congress a joint report lic Lands Corps’. (b) PROCESS.— describing— ‘‘(2) NO EFFECT ON OTHER AGENCIES.—Noth- (1) IN GENERAL.—Each Secretary shall de- (1) plans to develop partnerships described ing in this subsection precludes the estab- velop and implement a process to expedite in subsection (e)(1); and lishment of a public lands corps by the head access to Federal land under the administra- (2) efforts carried out to expedite and ac- of a Federal department or agency other tive jurisdiction of the Secretary for eligible celerate good Samaritan search-and-recov- than a department described in paragraph organizations and individuals to request ac- ery mission efforts for missing individuals on (1), in accordance with this Act.’’; cess to Federal land to conduct good Samari- Federal land under the administrative juris- (2) in subsection (b)— tan search-and-recovery missions. diction of each Secretary pursuant to sub- (A) in the first sentence, by striking ‘‘indi- (2) INCLUSIONS.—The process developed and section (e)(2). viduals between the ages of 16 and 30, inclu- implemented under this subsection shall in- sive,’’ and inserting ‘‘individuals between the clude provisions to clarify that— SEC. 9003. 21ST CENTURY CONSERVATION SERV- ICE CORPS ACT. ages of 16 and 30, inclusive, and veterans age (A) an eligible organization or individual 35 or younger’’; and granted access under this section— (a) DEFINITIONS.—Section 203 of the Public (B) in the second sentence, by striking (i) shall be acting for private purposes; and Lands Corps Act of 1993 (16 U.S.C. 1722) is ‘‘section 137(b) of the National and Commu- (ii) shall not be considered to be a Federal amended— nity Service Act of 1990’’ and inserting volunteer; (1) in paragraph (2), by striking ‘‘under sec- ‘‘paragraphs (1), (2), (4), and (5) of section (B) an eligible organization or individual tion 204’’ and inserting ‘‘by section 204(a)(1)’’; 137(a) of the National and Community Serv- conducting a good Samaritan search-and-re- (2) by redesignating paragraphs (8) through ice Act of 1990 (42 U.S.C. 12591(a))’’; and covery mission under this section shall not (13) as paragraphs (9) through (14), respec- (3) by adding at the end the following: be considered to be a volunteer under section tively; ‘‘(g) EFFECT.—Nothing in this section au- 102301(c) of title 54, United States Code; (3) by inserting after paragraph (7) the fol- thorizes the use of the Public Lands Corps (C) chapter 171 of title 28, United States lowing: for projects on or impacting real property Code (commonly known as the ‘‘Federal Tort ‘‘(8) INSTITUTION OF HIGHER EDUCATION.— owned by, operated by, or within the cus- Claims Act’’), shall not apply to an eligible ‘‘(A) IN GENERAL.—The term ‘institution of tody, control, or administrative jurisdiction organization or individual carrying out a pri- higher education’ has the meaning given the of the Administrator of General Services vately requested good Samaritan search-and- term in section 102 of the Higher Education without the express permission of the Ad- recovery mission under this section; and Act of 1965 (20 U.S.C. 1002). ministrator of General Services.’’. (D) chapter 81 of title 5, United States Code ‘‘(B) EXCLUSION.—The term ‘institution of (c) TRANSPORTATION.—Section 205 of the (commonly known as the ‘‘Federal Employ- higher education’ does not include— Public Lands Corps Act of 1993 (16 U.S.C.

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1724) is amended by adding at the end the fol- (f) REPORTING AND DATA COLLECTION.— ‘‘(c) GUIDELINES.—Not later than 18 months lowing: Title II of the Public Lands Corps Act of 1993 after the date of enactment of the Natural ‘‘(e) TRANSPORTATION.—The Secretary may (16 U.S.C. 1721 et seq.) is amended— Resources Management Act, the Secretary of provide to Corps participants who reside in (1) by redesignating sections 209 through the Interior, in consultation with Indian their own homes transportation to and from 211 as sections 211 through 213, respectively; tribes, shall issue guidelines for the manage- appropriate conservation project sites.’’. (2) by inserting after section 208 the fol- ment of the Indian Youth Service Corps, in (d) RESOURCE ASSISTANTS.— lowing: accordance with this Act and any other ap- (1) IN GENERAL.—Section 206(a) of the Pub- ‘‘SEC. 209. REPORTING AND DATA COLLECTION. plicable Federal laws.’’. lic Lands Corps Act of 1993 (16 U.S.C. 1725(a)) ‘‘(a) REPORT.—Not later than 2 years after SEC. 9004. NATIONAL NORDIC MUSEUM ACT. is amended by striking the first sentence and the date of enactment of the Natural Re- (a) DESIGNATION.—The Nordic Museum lo- inserting the following: ‘‘The Secretary may sources Management Act, and annually cated at 2655 N.W. Market Street, Seattle, provide individual placements of resource as- thereafter, the Chief Executive Officer of the Washington, is designated as the ‘‘National sistants to carry out research or resource Corporation for National and Community Nordic Museum’’. protection activities on behalf of the Sec- Service, in coordination with the Secre- (b) EFFECT OF DESIGNATION.— retary.’’. taries, shall submit to Congress a report that (1) IN GENERAL.—The museum designated (2) DIRECT HIRE AUTHORITY.—Section 121(a) includes data on the Corps, including— by subsection (a) is not a unit of the Na- of the Department of the Interior, Environ- ‘‘(1) the number of participants enrolled in tional Park System. ment, and Related Agencies Appropriations the Corps and the length of the term of serv- (2) USE OF FEDERAL FUNDS.—The designa- Act, 2012 (16 U.S.C. 1725a), is amended— ice for each participant; tion of the museum by subsection (a) shall (A) in paragraph (1)— ‘‘(2) the projects carried out by Corps par- not require Federal funds to be expended for (i) by striking ‘‘Secretary of the Interior’’ ticipants, categorized by type of project and any purpose related to the museum. and inserting ‘‘Secretary (as defined in sec- Federal agency; SEC. 9005. DESIGNATION OF NATIONAL GEORGE tion 203 of the Public Lands Corps Act of 1993 ‘‘(3) the total amount and sources of fund- C. MARSHALL MUSEUM AND LI- (16 U.S.C. 1722))’’; ing provided for the service of participants; BRARY. (ii) by striking ‘‘paragraph (1)’’ and insert- ‘‘(4) the type of service performed by par- (a) DESIGNATION.—The George C. Marshall ing ‘‘paragraph (2)’’; and ticipants and the impact and accomplish- Museum and the George C. Marshall Re- (iii) by striking ‘‘with a land managing ments of the service; and search Library in Lexington, Virginia, are agency of the Department of the Interior’’; ‘‘(5) any other similar data determined to designated as the ‘‘National George C. Mar- and be appropriate by the Chief Executive Officer shall Museum and Library’’ (referred to in (B) in paragraph (2)(A), by striking ‘‘with a of the Corporation for National and Commu- this section as the ‘‘museum)’’. land managing agency’’ and inserting ‘‘with nity Service or the Secretaries. (b) EFFECT OF DESIGNATION.— the Secretary (as so defined)’’. ‘‘(b) DATA.—Not later than 1 year after the (1) IN GENERAL.—The museum designated (e) COMPENSATION AND EMPLOYMENT STAND- date of enactment of the Natural Resources by subsection (a) is not a unit of the Na- ARDS.—Section 207 of the Public Lands Corps Management Act, and annually thereafter, tional Park System. Act of 1993 (16 U.S.C. 1726) is amended— the Secretaries shall submit to the Chief Ex- (2) USE OF FEDERAL FUNDS.—The designa- (1) by striking the section heading and in- ecutive Officer of the Corporation for Na- tion of the museum by subsection (a) shall serting ‘‘COMPENSATION AND TERMS OF SERV- tional and Community Service the data de- not require Federal funds to be expended for ICE’’; scribed in subsection (a). any purpose related to the museum. (2) by redesignating subsections (b) and (c) ‘‘(c) DATA COLLECTION.—The Chief Execu- SEC. 9006. 21ST CENTURY RESPECT ACT. as subsections (c) and (d), respectively; tive Officer of the Corporation for National (a) AMENDMENTS TO REGULATIONS RE- (3) by inserting after subsection (a) the fol- and Community Service may coordinate QUIRED.— lowing: with qualified youth or conservation corps to (1) SECRETARY OF AGRICULTURE.—The Sec- ‘‘(b) EDUCATIONAL CREDIT.—The Secretary improve the collection of the required data retary of Agriculture shall amend section may provide a Corps participant with an edu- described in subsection (a). 1901.202 of title 7, Code of Federal Regula- cational credit that may be applied toward a ‘‘(d) COORDINATION.— tions, for purposes of— program of postsecondary education at an ‘‘(1) IN GENERAL.—The Secretaries shall, to (A) replacing the reference to the term institution of higher education that agrees the maximum extent practicable, coordinate ‘‘Negro or Black’’ with ‘‘Black or African to award the credit for participation in the with each other to carry out activities au- American’’; Corps.’’; thorized under this Act, including— (B) replacing the reference to the term (4) in subsection (c) (as so redesignated)— ‘‘(A) the data collection and reporting re- ‘‘Spanish Surname’’ with ‘‘Hispanic’’; and (A) by striking ‘‘Each participant’’ and in- quirements of this section; and (C) replacing the reference to the term serting the following: ‘‘(B) implementing and issuing guidance on ‘‘Oriental’’ with ‘‘Asian American or Pacific ‘‘(1) IN GENERAL.—Each participant’’; and eligibility for noncompetitive hiring status Islander’’. (B) by adding at the end the following: under section 207(d). (2) ADMINISTRATOR OF GENERAL SERVICES.— ‘‘(2) INDIAN YOUTH SERVICE CORPS.—With re- ‘‘(2) DESIGNATION OF COORDINATORS.—The The Administrator of General Services shall spect to the Indian Youth Service Corps es- Secretary shall designate a coordinator to amend section 906.2 of title 36, Code of Fed- tablished under section 210, the Secretary coordinate and serve as the primary point of eral Regulations, for purposes of— shall establish the term of service of partici- contact for any activity of the Corps carried (A) replacing the references to the term pants in consultation with the affected In- out by the Secretary.’’; and ‘‘Negro’’ with ‘‘Black or African American’’; dian tribe.’’; (3) in subsection (c) of section 212 (as so re- (B) replacing the definition of ‘‘Negro’’ (5) in subsection (d) (as so redesignated)— designated), by striking ‘‘211’’ and inserting with the definition of ‘‘Black or African (A) by redesignating paragraphs (1) and (2) ‘‘213’’. American’’ as ‘‘ an individual having origins as subparagraphs (A) and (B), respectively, (g) INDIAN YOUTH SERVICE CORPS.—Title II in any of the Black racial groups of Africa’’; and indenting the subparagraphs appro- of the Public Lands Corps Act of 1993 (16 (C) replacing the references to the term priately; U.S.C. 1721 et seq.) (as amended by sub- ‘‘Oriental’’ with ‘‘Asian American or Pacific (B) in the matter preceding subparagraph section (f)) is amended by inserting after sec- Islander’’; and (A) (as so redesignated), by striking ‘‘The tion 209 the following: (D) replacing the references to the terms Secretary’’ and inserting the following: ‘‘SEC. 210. INDIAN YOUTH SERVICE CORPS. ‘‘Eskimo’’ and ‘‘’’ with ‘‘Alaska Na- ‘‘(1) IN GENERAL.—The Secretary’’; and ‘‘(a) IN GENERAL.—There is established tive’’. (C) by adding at the end the following: within the Public Lands Corps a program to (b) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) TIME-LIMITED APPOINTMENT.—For pur- be known as the ‘Indian Youth Service this section, or the amendments required by poses of section 9602 of title 5, United States Corps’ that— this section, shall be construed to affect Fed- Code, a former member of the Corps hired by ‘‘(1) enrolls participants between the ages eral law, except with respect to the use of the Secretary under paragraph (1)(B) for a of 16 and 30, inclusive, and veterans age 35 or terms by the Secretary of Agriculture and time-limited appointment shall be consid- younger, a majority of whom are Indians; the Administrator of General Services, re- ered to be appointed initially under open, ‘‘(2) is established pursuant to an agree- spectively, to the regulations affected by competitive examination.’’; and ment between an Indian tribe and a qualified this section. (6) by adding at the end the following: youth or conservation corps for the benefit SEC. 9007. AMERICAN WORLD WAR II HERITAGE ‘‘(e) APPLICABILITY TO QUALIFIED YOUTH OR of the members of the Indian tribe; and CITIES. CONSERVATION CORPS.—The hiring and com- ‘‘(3) carries out appropriate conservation (a) DESIGNATION.—In order to recognize and pensation standards described in this section projects on eligible service land. ensure the continued preservation and im- shall apply to any individual participating in ‘‘(b) AUTHORIZATION OF COOPERATIVE portance of the history of the United States an appropriate conservation project through AGREEMENTS.—The Secretary may enter into involvement in World War II, each calendar a qualified youth or conservation corps, in- cooperative agreements with Indian tribes year the Secretary may designate 1 or more cluding an individual placed through a con- and qualified youth or conservation corps for cities located in 1 of the several States or a tract or cooperative agreement, as approved the establishment and administration of the territory of the United States as an ‘‘Amer- by the Secretary.’’. Indian Youth Service Corps. ican World War II Heritage City’’. Not more

VerDate Sep 11 2014 03:26 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S996 CONGRESSIONAL RECORD — SENATE February 6, 2019 than 1 city in each State or territory may be the Secretary has entered into a cooperative (iv) grazing land that supports the agricul- designated under this section. agreement under paragraph (1). tural economy of the State; (b) APPLICATION FOR DESIGNATION.—The (d) NO EFFECT ON ACTIONS OF PROPERTY (3) outdoor recreation on public land is a Secretary may— OWNERS.—Designation of the Quindaro key component of the economy of the State, (1) establish and publicize the process by Townsite as a National Commemorative Site supporting large and small businesses and which a city may apply for designation as an shall not prohibit any actions that may oth- communities statewide; American World War II Heritage City based erwise be taken by a property owner (includ- (4) according to the Outdoor Industry Asso- on the criteria in subsection (c); and ing any owner of the Commemorative Site) ciation— (2) encourage cities to apply for designa- with respect to the property of the owner. (A) 71 percent of Colorado residents par- tion as an American World War II Heritage (e) NO EFFECT ON ADMINISTRATION.—Noth- ticipate in outdoor recreation each year; and City. ing in this section affects the administration (B) in Colorado, outdoor recreation gen- (c) CRITERIA FOR DESIGNATION.—The Sec- of the Commemorative Site by Kansas City, erates— retary, in consultation with the Secretary of Kansas, or the State. (i) $28,000,000,000 in consumer spending an- the Smithsonian Institution or the President SEC. 9009. DESIGNATION OF NATIONAL COMEDY nually; of the National Trust for Historic Preserva- CENTER IN JAMESTOWN, NEW YORK. (ii) 229,000 direct jobs; tion, shall make each designation under sub- (a) CONGRESSIONAL RECOGNITION.—Con- (iii) $9,700,000,000 in wages and salaries; and section (a) based on the following criteria: gress— (iv) $2,000,000,000 in State and local tax rev- (1) Contributions by a city and its environs (1) recognizes that the National Comedy enue; to the World War II home-front war effort, Center, located in Jamestown, New York, is (5) the wilderness, conservation, and recre- including contributions related to— the only museum of its kind that exists for ation areas in this subtitle will— (A) defense manufacturing, such as ships, the exclusive purpose of celebrating comedy (A) protect— aircraft, uniforms, and equipment; in all its forms; and (i) 3 highly visible mountain peaks with an (B) production of foodstuffs and consumer (2) officially designates the National Com- elevation of at least 14,000 feet (commonly items for Armed Forces and home consump- edy Center as the ‘‘National Comedy Center’’ known as ‘‘’’), including Mt. tion; (referred to in this section as the ‘‘Center’’). Sneffels, Wilson Peak, and Quandary Peak; (C) war bond drives; (b) EFFECT OF RECOGNITION.—The National and (D) adaptations to wartime survival; Comedy Center recognized in this section is (ii) many well-known smaller peaks; (E) volunteer participation; not a unit of the National Park System and (B) preserve iconic landscapes across Colo- (F) civil defense preparedness; the designation of the Center shall not be rado; (G) personnel serving in the Armed Forces, construed to require or permit Federal funds (C) conserve important wildlife habitat; their achievements, and facilities for their to be expended for any purpose related to the (D) safeguard important watersheds that rest and recreation; or Center. provide many communities a supply of clean (H) the presence of Armed Forces camps, drinking water; bases, airfields, harbors, repair facilities, and SA 112. Ms. MURKOWSKI submitted (E) protect valuable, high-quality land for other installations within or in its environs. an amendment intended to be proposed biking, skiing, and other road- and trail- (2) Achievements by a city and its environs to amendment SA 111 submitted by Ms. based recreation; and to preserve the heritage and legacy of the MURKOWSKI (for herself and Mr. (F) provide access to world-class hunting city’s contributions to the war effort and to MANCHIN) and intended to be proposed and fishing opportunities; preserve World War II history, including— to the bill S. 47, to provide for the man- (6) the Camp Hale National Historic Land- (A) the identification, preservation, res- agement of the natural resources of the scape designation honors the legacy of the toration, and interpretation of World War II- 10th Mountain Division, the members of related structures, facilities and sites; United States, and for other purposes; which— (B) establishment of museums, parks, and which was ordered to lie on the table; (A) trained at Camp Hale; markers; as follows: (B) contributed to the United States vic- (C) establishment of memorials to area Strike section 2402 and insert the fol- tory during World War II; and men who lost their lives in service; lowing: (C) went on to help create the modern out- (D) organizing groups of veterans and SEC. 2402. HISTORICALLY BLACK COLLEGES AND door industry in Colorado, including several home-front workers and their recognition; UNIVERSITIES HISTORIC PRESERVA- iconic Colorado ski areas; (E) presentation of cultural events such as TION PROGRAM REAUTHORIZED. (7) the Thompson Divide in western Colo- dances, plays, and lectures; Section 507(d)(2) of the Omnibus Parks and rado— (F) public relations outreach through the Public Lands Management Act of 1996 (54 (A) supports a robust agriculture-based print and electronic media, and books; and U.S.C. 302101 note) is amended by striking economy; (G) recognition and ceremonies remem- the period at the end and inserting ‘‘and (B) provides outstanding recreation and bering wartime event anniversaries. each of fiscal years 2019 through 2025.’’. hunting opportunities to the public; SEC. 9008. QUINDARO TOWNSITE NATIONAL COM- (C) serves as important spring and summer MEMORATIVE SITE. SA 113. Mr. BENNET submitted an grazing land for ranching operations; and (a) DEFINITIONS.—In this section: amendment intended to be proposed by (D) was described by President Theodore (1) COMMEMORATIVE SITE.—The term ‘‘Com- him to the bill S. 47, to provide for the Roosevelt as a ‘‘great, wild country’’; memorative Site’’ means the Quindaro management of the natural resources (8) the National Park Service has formally Townsite National Commemorative Site des- of the United States, and for other pur- recommended that Congress legislatively es- ignated by subsection (b)(1). poses; which was ordered to lie on the tablish Curecanti as a National Recreation Area with a new legislative boundary; (2) STATE.—The term ‘‘State’’ means the table; as follows: State of Kansas. (9) Curecanti National Recreation Area— At the end of title I, add the following: (b) DESIGNATION.— (A) includes an abundance of natural fea- (1) IN GENERAL.—The Quindaro Townsite in Subtitle F—Colorado Outdoor Recreation tures in a setting of reservoirs, canyons, pin- Kansas City, Kansas, as listed on the Na- SEC. 1501. FINDINGS. nacles, cliffs, and mesas; tional Register of Historic Places, is des- Congress finds that— (B) includes Blue Mesa Reservoir, the larg- ignated as the ‘‘Quindaro Townsite National (1) Coloradans value public land and have a est body of water entirely contained in Colo- Commemorative Site’’. long and proud history of balanced, varied, rado and home to an outstanding fishery; (2) EFFECT OF DESIGNATION.—The Com- sustainable use of public land for agri- (C) offers the public outstanding opportu- memorative Site shall not be considered to culture, energy development, recreation, and nities for recreation; and be a unit of the National Park System. other purposes; (D) is 1 of the few remaining units of the (c) COOPERATIVE AGREEMENTS.— (2) public land— National Park Service that has never been (1) IN GENERAL.—The Secretary, in con- (A) is an essential part of the Colorado way legislatively established by Congress; sultation with the State, Kansas City, Kan- of life and what makes the State a desirable (10) the provisions contained in this sub- sas, and affected subdivisions of the State, place to live, work, and visit; and title are the result of years-long, locally may enter into cooperative agreements with (B) provides for— driven, collaborative efforts from a diverse appropriate public or private entities, for the (i) a clean water supply; set of stakeholders regarding the manage- purposes of— (ii) access to recreational opportunities, ment of public land in Colorado; and (A) protecting historic resources at the including hiking, backpacking, camping, (11) this subtitle will provide long-term Commemorative Site; and mountain biking, skiing, climbing, certainty for management of public land in (B) providing educational and interpretive snowmobiling, off-highway vehicle travel, Colorado, protecting the relevant areas in facilities and programs at the Commemora- and rafting; perpetuity for the benefit of the people of the tive Site for the public. (iii) high-quality wildlife habitat and mi- United States. (2) TECHNICAL AND FINANCIAL ASSISTANCE.— gration corridors that support at-risk species SEC. 1502. DEFINITION OF STATE. The Secretary may provide technical and fi- and big game animals important to hunters In this subtitle, the term ‘‘State’’ means nancial assistance to any entity with which and anglers across the United States; and the State of Colorado.

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S997 PART I—CONTINENTAL DIVIDE that the Secretary determines to be nec- date on which the Secretary publishes a posi- SEC. 1511. DEFINITIONS. essary for the control of fire, insects, and tive determination under subsection (c)(3). In this part: diseases, subject to such terms and condi- (e) DESIGNATION AS WILDERNESS.— (1) COVERED AREA.—The term ‘‘covered tions as the Secretary determines to be ap- (1) DESIGNATION.—The potential wilderness area’’ means any area designated as wilder- propriate. area designated by subsection (a) shall be ness by the amendments to section 2(a) of (d) GRAZING.—The grazing of livestock on a designated as wilderness, to be known as the the Colorado Wilderness Act of 1993 (16 covered area, if established before the date of ‘‘Williams Fork Wilderness’’— U.S.C. 1132 note; Public Law 103–77) made by enactment of this Act, shall be permitted to (A) effective not earlier than the date that section 1512(a). continue subject to such reasonable regula- is 180 days after the date of enactment this (2) HISTORIC LANDSCAPE.—The term ‘‘His- tions as are considered to be necessary by Act; and toric Landscape’’ means the Camp Hale Na- the Secretary, in accordance with— (B) on the earliest of— tional Historic Landscape designated by sec- (1) section 4(d)(4) of the Wilderness Act (16 (i) the date on which the Secretary pub- tion 1517(a). U.S.C. 1133(d)(4)); and lishes in the Federal Register a notice that (3) RECREATION MANAGEMENT AREA.—The (2) the guidelines set forth in Appendix A the construction or rehabilitation of range term ‘‘Recreation Management Area’’ means of the report of the Committee on Interior improvements under subsection (d) is com- the Tenmile Recreation Management Area and Insular Affairs of the House of Rep- plete; designated by section 1514(a). resentatives accompanying H.R. 2570 of the (ii) the date described in subsection (d)(2); (4) SECRETARY.—The term ‘‘Secretary’’ 101st Congress (H. Rept. 101–405). and means the Secretary of Agriculture. (e) COORDINATION.—For purposes of admin- (iii) the effective date of a determination (5) WILDLIFE CONSERVATION AREA.—The istering the Federal land designated as wil- of the Secretary not to authorize livestock term ‘‘Wildlife Conservation Area’’ means, as derness by paragraph (26) of section 2(a) of grazing or other use by livestock under sub- applicable— the Colorado Wilderness Act of 1993 (16 section (c)(1). (A) the Porcupine Gulch Wildlife Conserva- U.S.C. 1132 note; Public Law 103–77) (as added (2) ADMINISTRATION.—Subject to valid ex- tion Area designated by section 1515(a); and by subsection (a)(2)), the Secretary shall, as isting rights, the Secretary shall manage the (B) the Williams Fork Wildlife Conserva- determined to be appropriate for the protec- Williams Fork Wilderness in accordance tion Area designated by section 1516(a). tion of watersheds, coordinate the activities with— SEC. 1512. COLORADO WILDERNESS ADDITIONS. of the Secretary in response to fires and (A) the Colorado Wilderness Act of 1993 (16 flooding events with interested State and (a) DESIGNATION.—Section 2(a) of the Colo- U.S.C. 1132 note; Public Law 103–77); and rado Wilderness Act of 1993 (16 U.S.C. 1132 local agencies, including operations using (B) this part. note; Public Law 103–77) is amended— aircraft or mechanized equipment. SEC. 1514. TENMILE RECREATION MANAGEMENT (1) in paragraph (18), by striking ‘‘1993,’’ SEC. 1513. WILLIAMS FORK WILDERNESS. AREA. and inserting ‘‘1993, and certain Federal land (a) DESIGNATION.—In furtherance of the (a) DESIGNATION.—Subject to valid existing within the White River National Forest that purposes of the Wilderness Act (16 U.S.C. 1131 rights, the approximately 16,996 acres of Fed- comprises approximately 6,876 acres, as gen- et seq.), certain Federal land in the White eral land in the White River National Forest erally depicted as ‘Proposed Ptarmigan Peak River National Forest in the State, com- in the State depicted as ‘‘Proposed Tenmile Wilderness Additions’ on the map entitled prising approximately 8,192 acres and gen- Recreation Management Area’’ on the map ‘Proposed Ptarmigan Peak Wilderness Addi- erally depicted as ‘‘Proposed Williams Fork entitled ‘‘Tenmile Proposal’’ and dated Janu- tions’ and dated January 23, 2018,’’; and Wilderness’’ on the map entitled ‘‘Williams ary 23, 2018, are designated as the ‘‘Tenmile (2) by adding at the end the following: Fork Proposal’’ and dated January 23, 2018, is Recreation Management Area’’. ‘‘(23) HOLY CROSS WILDERNESS ADDITION.— designated as a potential wilderness area. (b) PURPOSES.—The purposes of the Recre- Certain Federal land within the White River (b) MANAGEMENT.—Subject to valid exist- ation Management Area are to conserve, pro- National Forest that comprises approxi- ing rights and except as provided in sub- tect, and enhance for the benefit and enjoy- mately 3,902 acres, as generally depicted as section (d), the potential wilderness area ment of present and future generations the ‘Proposed Megan Dickie Wilderness Addi- designated by subsection (a) shall be man- recreational, scenic, watershed, habitat, and tion’ on the map entitled ‘Holy Cross Wilder- aged in accordance with— ecological resources of the Recreation Man- ness Addition Proposal’ and dated January (1) the Wilderness Act (16 U.S.C. 1131 et agement Area. 23, 2018, which shall be incorporated into, seq.); and (c) MANAGEMENT.— and managed as part of, the Holy Cross Wil- (2) this section. (1) IN GENERAL.—The Secretary shall man- derness designated by section 102(a)(5) of (c) LIVESTOCK USE OF VACANT ALLOT- age the Recreation Management Area— Public Law 96–560 (94 Stat. 3266). MENTS.— (A) in a manner that conserves, protects, ‘‘(24) HOOSIER RIDGE WILDERNESS.—Certain (1) IN GENERAL.—Not later than 3 years and enhances— Federal land within the White River Na- after the date of enactment of this Act, in (i) the purposes of the Recreation Manage- tional Forest that comprises approximately accordance with applicable laws (including ment Area described in subsection (b); and 5,235 acres, as generally depicted on the map regulations), the Secretary shall publish a (ii) recreation opportunities, including entitled ‘Tenmile Proposal’ and dated Janu- determination regarding whether to author- mountain biking, hiking, fishing, horseback ary 23, 2018, which shall be known as the ize livestock grazing or other use by live- riding, snowshoeing, climbing, skiing, camp- ‘Hoosier Ridge Wilderness’. stock on the vacant allotments known as— ing, and hunting; and ‘‘(25) TENMILE WILDERNESS.—Certain Fed- (A) the ‘‘Big Hole Allotment’’; and (B) in accordance with— eral land within the White River National (B) the ‘‘Blue Ridge Allotment’’. (i) the Forest and Rangeland Renewable Forest that comprises approximately 7,606 (2) MODIFICATION OF ALLOTMENTS.—In pub- Resources Planning Act of 1974 (16 U.S.C. 1600 acres, as generally depicted as ‘Proposed lishing a determination pursuant to para- et seq.); Tenmile Wilderness’ on the map entitled graph (1), the Secretary may modify or com- (ii) any other applicable laws (including ‘Tenmile Proposal’ and dated January 23, bine the vacant allotments referred to in regulations); and 2018, which shall be known as the ‘Tenmile that paragraph. (iii) this section. Wilderness’. (3) PERMIT OR OTHER AUTHORIZATION.—Not (2) USES.— ‘‘(26) EAGLES NEST WILDERNESS ADDITIONS.— later than 1 year after the date on which a (A) IN GENERAL.—The Secretary shall only Certain Federal land within the White River determination of the Secretary to authorize allow such uses of the Recreation Manage- National Forest that comprises approxi- livestock grazing or other use by livestock is ment Area as the Secretary determines mately 9,419 acres, as generally depicted as published under paragraph (1), if applicable, would further the purposes described in sub- ‘Proposed Freeman Creek Wilderness Addi- the Secretary shall grant a permit or other section (b). tion’ and ‘Proposed Spraddle Creek Wilder- authorization for that livestock grazing or (B) VEHICLES.— ness Addition’ on the map entitled ‘Eagles other use. (i) IN GENERAL.—Except as provided in Nest Wilderness Additions Proposal’ and (d) RANGE IMPROVEMENTS.— clause (iii), the use of motorized vehicles in dated January 23, 2018, which shall be incor- (1) IN GENERAL.—If the Secretary permits the Recreation Management Area shall be porated into, and managed as part of, the Ea- livestock grazing or other use by livestock limited to the roads, vehicle classes, and pe- gles Nest Wilderness designated by Public on the potential wilderness area under sub- riods authorized for motorized vehicle use on Law 94–352 (90 Stat. 870).’’. section (c), the Secretary, or a third party the date of enactment of this Act. (b) APPLICABLE LAW.—Any reference in the authorized by the Secretary, may use any (ii) NEW OR TEMPORARY ROADS.—Except as Wilderness Act (16 U.S.C. 1131 et seq.) to the motorized or mechanized transport or equip- provided in clause (iii), no new or temporary effective date of that Act shall be considered ment for purposes of constructing or reha- road shall be constructed in the Recreation to be a reference to the date of enactment of bilitating such range improvements as are Management Area. this Act for purposes of administering a cov- necessary to obtain appropriate livestock (iii) EXCEPTIONS.—Nothing in clause (i) or ered area. management objectives (including habitat (ii) prevents the Secretary from— (c) FIRE, INSECTS, AND DISEASES.—In ac- and watershed restoration). (I) rerouting or closing an existing road or cordance with section 4(d)(1) of the Wilder- (2) TERMINATION OF AUTHORITY.—The au- trail to protect natural resources from deg- ness Act (16 U.S.C. 1133(d)(1)), the Secretary thority provided by this subsection termi- radation, as the Secretary determines to be may carry out any activity in a covered area nates on the date that is 2 years after the appropriate;

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S998 CONGRESSIONAL RECORD — SENATE February 6, 2019 (II) authorizing the use of motorized vehi- 2018, are designated as the ‘‘Porcupine Gulch (B) construction of multimodal transpor- cles for administrative purposes or roadside Wildlife Conservation Area’’ (referred to in tation systems; or camping; this section as the ‘‘Wildlife Conservation (2) any infrastructure, activity, or safety (III) constructing temporary roads or per- Area’’). measure associated with the implementation mitting the use of motorized vehicles to (b) PURPOSES.—The purposes of the Wild- or use of a facility constructed under para- carry out pre- or post-fire watershed protec- life Conservation Area are— graph (1). tion projects; (1) to conserve and protect a wildlife mi- (f) APPLICABLE LAW.—Nothing in this sec- (IV) authorizing the use of motorized vehi- gration corridor over Interstate 70; and tion affects the designation of the Federal cles to carry out any activity described in (2) to conserve, protect, and enhance for land within the Wildlife Conservation Area subsection (d), (e)(1), or (f); or the benefit and enjoyment of present and fu- for purposes of— (V) responding to an emergency. ture generations the wildlife, scenic, (1) section 138 of title 23, United States (C) COMMERCIAL TIMBER.— roadless, watershed, and ecological resources Code; or (i) IN GENERAL.—Subject to clause (ii), no of the Wildlife Conservation Area. (2) section 303 of title 49, United States project shall be carried out in the Recreation (c) MANAGEMENT.— Code. Management Area for the purpose of har- (1) IN GENERAL.—The Secretary shall man- (g) WATER.—Section 3(e) of the James Peak vesting commercial timber. age the Wildlife Conservation Area— Wilderness and Protection Area Act (Public (ii) LIMITATION.—Nothing in clause (i) pre- (A) in a manner that conserves, protects, Law 107–216; 116 Stat. 1058) shall apply to the vents the Secretary from harvesting or sell- and enhances the purposes described in sub- Wildlife Conservation Area. ing a merchantable product that is a byprod- section (b); and SEC. 1516. WILLIAMS FORK WILDLIFE CONSERVA- uct of an activity authorized under this sec- (B) in accordance with— TION AREA. tion. (i) the Forest and Rangeland Renewable (a) DESIGNATION.—Subject to valid existing (d) FIRE, INSECTS, AND DISEASES.—The Sec- Resources Planning Act of 1974 (16 U.S.C. 1600 rights, the approximately 3,492 acres of Fed- retary may carry out any activity, in ac- et seq.); eral land in the White River National Forest cordance with applicable laws (including reg- (ii) any other applicable laws (including in the State, as generally depicted on the ulations), that the Secretary determines to regulations); and map entitled ‘‘Williams Fork Proposal’’ and be necessary to prevent, control, or mitigate (iii) this section. dated January 23, 2018, are designated as the fire, insects, or disease in the Recreation (2) USES.— ‘‘Williams Fork Wildlife Conservation Area’’ Management Area, subject to such terms and (A) IN GENERAL.—The Secretary shall only (referred to in this section as the ‘‘Wildlife conditions as the Secretary determines to be allow such uses of the Wildlife Conservation Conservation Area’’). appropriate. Area as the Secretary determines would fur- (b) PURPOSES.—The purposes of the Wild- (e) WATER.— ther the purposes described in subsection (b). life Conservation Area are to conserve, pro- (1) EFFECT ON WATER MANAGEMENT INFRA- (B) RECREATION.—The Secretary may per- tect, and enhance for the benefit and enjoy- STRUCTURE.—Nothing in this section affects mit such recreational activities in the Wild- ment of present and future generations the the construction, repair, reconstruction, re- life Conservation Area that the Secretary de- wildlife, scenic, roadless, watershed, rec- placement, operation, maintenance, or ren- termines are consistent with the purposes reational, and ecological resources of the ovation within the Recreation Management described in subsection (b). Wildlife Conservation Area. (c) MANAGEMENT.— Area of— (C) MOTORIZED VEHICLES AND MECHANIZED (1) IN GENERAL.—The Secretary shall man- (A) water management infrastructure in TRANSPORT; NEW OR TEMPORARY ROADS.— age the Wildlife Conservation Area— existence on the date of enactment of this (i) MOTORIZED VEHICLES AND MECHANIZED (A) in a manner that conserves, protects, Act; or TRANSPORT.—Except as provided in clause and enhances the purposes described in sub- (B) any future infrastructure necessary for (iii), the use of motorized vehicles and section (b); and the development or exercise of water rights mechanized transport in the Wildlife Con- (B) in accordance with— decreed before the date of enactment of this servation Area shall be prohibited. (i) the Forest and Rangeland Renewable Act. (ii) NEW OR TEMPORARY ROADS.—Except as Resources Planning Act of 1974 (16 U.S.C. 1600 (2) APPLICABLE LAW.—Section 3(e) of the provided in clause (iii) and subsection (e), no et seq.); James Peak Wilderness and Protection Area new or temporary road shall be constructed (ii) any other applicable laws (including Act (Public Law 107–216; 116 Stat. 1058) shall within the Wildlife Conservation Area. regulations); and apply to the Recreation Management Area. (iii) EXCEPTIONS.—Nothing in clause (i) or (iii) this section. (f) REGIONAL TRANSPORTATION PROJECTS.— (ii) prevents the Secretary from— (2) USES.— Nothing in this section precludes the Sec- (I) authorizing the use of motorized vehi- (A) IN GENERAL.—The Secretary shall only retary from authorizing, in accordance with cles or mechanized transport for administra- allow such uses of the Wildlife Conservation applicable laws (including regulations), the tive purposes; Area as the Secretary determines would fur- use or leasing of Federal land within the (II) constructing temporary roads or per- ther the purposes described in subsection (b). Recreation Management Area for— mitting the use of motorized vehicles or (B) MOTORIZED VEHICLES.— (1) a regional transportation project, in- mechanized transport to carry out pre- or (i) IN GENERAL.—Except as provided in cluding— post-fire watershed protection projects; clause (iii), the use of motorized vehicles in (A) highway widening or realignment; and (III) authorizing the use of motorized vehi- the Wildlife Conservation Area shall be lim- (B) construction of multimodal transpor- cles or mechanized transport to carry out ac- ited to designated roads and trails. tation systems; or tivities described in subsection (d) or (e); or (ii) NEW OR TEMPORARY ROADS.—Except as (2) any infrastructure, activity, or safety (IV) responding to an emergency. provided in clause (iii), no new or temporary measure associated with the implementation (D) COMMERCIAL TIMBER.— road shall be constructed in the Wildlife or use of a facility constructed under para- (i) IN GENERAL.—Subject to clause (ii), no Conservation Area. graph (1). project shall be carried out in the Wildlife (iii) EXCEPTIONS.—Nothing in clause (i) or (g) APPLICABLE LAW.—Nothing in this sec- Conservation Area for the purpose of har- (ii) prevents the Secretary from— tion affects the designation of the Federal vesting commercial timber. (I) authorizing the use of motorized vehi- land within the Recreation Management (ii) LIMITATION.—Nothing in clause (i) pre- cles for administrative purposes; Area for purposes of— vents the Secretary from harvesting or sell- (II) authorizing the use of motorized vehi- (1) section 138 of title 23, United States ing a merchantable product that is a byprod- cles to carry out activities described in sub- Code; or uct of an activity authorized under this sec- section (d); or (2) section 303 of title 49, United States tion. Code. (d) FIRE, INSECTS, AND DISEASES.—The Sec- (III) responding to an emergency. (h) PERMITS.—Nothing in this section al- retary may carry out any activity, in ac- (C) BICYCLES.—The use of bicycles in the ters or limits— cordance with applicable laws (including reg- Wildlife Conservation Area shall be limited (1) any permit held by a ski area or other ulations), that the Secretary determines to to designated roads and trails. entity; or be necessary to prevent, control, and miti- (D) COMMERCIAL TIMBER.— (2) the acceptance, review, or implementa- gate fire, insects, and diseases in the Wildlife (i) IN GENERAL.—Subject to clause (ii), no tion of associated activities or facilities pro- Conservation Area, subject to such terms project shall be carried out in the Wildlife posed or authorized by law or permit outside and conditions as the Secretary determines Conservation Area for the purpose of har- the boundaries of the Recreation Manage- to be appropriate. vesting commercial timber. ment Area. (e) REGIONAL TRANSPORTATION PROJECTS.— (ii) LIMITATION.—Nothing in clause (i) pre- SEC. 1515. PORCUPINE GULCH WILDLIFE CON- Nothing in this section precludes the Sec- vents the Secretary from harvesting or sell- SERVATION AREA. retary from authorizing, in accordance with ing a merchantable product that is a byprod- (a) DESIGNATION.—Subject to valid existing applicable laws (including regulations), the uct of an activity authorized under this sec- rights, the approximately 8,176 acres of Fed- use or leasing of Federal land within the tion. eral land located in the White River National Wildlife Conservation Area for— (E) GRAZING.—The laws (including regula- Forest, as generally depicted on the map en- (1) a regional transportation project, in- tions) and policies followed by the Secretary titled ‘‘Porcupine Gulch Wildlife Conserva- cluding— in issuing and administering grazing permits tion Area Proposal’’ and dated January 23, (A) highway widening or realignment; and or leases on land under the jurisdiction of

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S999 the Secretary shall continue to apply with (i) improving the interpretation of historic ence on the date of enactment of this Act re- regard to the land in the Wildlife Conserva- events, activities, structures, and artifacts lating to the remediation or cleanup of any tion Area, consistent with the purposes de- of the Historic Landscape, including with re- unexploded ordnance or legacy environ- scribed in subsection (b). spect to the role of the Historic Landscape in mental hazard located in or around the Camp (d) FIRE, INSECTS, AND DISEASES.—The Sec- local, national, and world history; Hale historic cantonment area, the Camp retary may carry out any activity, in ac- (ii) conducting historic preservation ac- Hale Formerly Used Defense Site, or the His- cordance with applicable laws (including reg- tivities; toric Landscape, including such an obliga- ulations), that the Secretary determines to (iii) managing recreational opportunities, tion under— be necessary to prevent, control, or mitigate including the use and stewardship of— (A) the program for environmental restora- fire, insects, or disease in the Wildlife Con- (I) the road and trail systems; and tion of formerly used defense sites under sec- servation Area, subject to such terms and (II) dispersed recreation resources; tion 2701 of title 10, United States Code; conditions as the Secretary determines to be (iv) the conservation, protection, restora- (B) the Comprehensive Environmental Re- appropriate. tion, or enhancement of the scenic, water- sponse, Compensation, and Liability Act of (e) REGIONAL TRANSPORTATION PROJECTS.— shed, and ecological resources of the Historic 1980 (42 U.S.C. 9601 et seq.); or Nothing in this section precludes the Sec- Landscape, including conducting the restora- (C) any other applicable provision of law retary from authorizing, in accordance with tion and enhancement project under sub- (including regulations). applicable laws (including regulations), the section (d); and use or leasing of Federal land within the (f) INTERAGENCY AGREEMENT.—The Sec- (v) consistent with subsection (e)(2), the re- retary and the Secretary of the Army shall Wildlife Conservation Area for— moval of unexploded ordnance and other leg- (1) a regional transportation project, in- enter into an agreement— acy hazards. (1) to specify— cluding— (3) ENVIRONMENTAL HAZARDS.—The Sec- (A) highway widening or realignment; and (A) the responsibility of the Secretary to retary shall provide to the Secretary of the manage the Historic Landscape; and (B) construction of multimodal transpor- Army a notification of any unexploded ord- tation systems; or (B) the responsibility of the Secretary of nance (as defined in section 101(e) of title 10, the Army for the removal of unexploded ord- (2) any infrastructure, activity, or safety United States Code) that is discovered in the measure associated with the implementation nance and other legacy hazards in accord- Historic Landscape. ance with subsection (e) and other applicable or use of a facility constructed under para- (d) CAMP HALE RESTORATION AND ENHANCE- laws; and graph (1). MENT PROJECT.— (2) to require the Secretary to provide to (f) WATER.—Section 3(e) of the James Peak (1) IN GENERAL.—The Secretary shall con- the Secretary of the Army, by not later than Wilderness and Protection Area Act (Public duct a restoration and enhancement project Law 107–216; 116 Stat. 1058) shall apply to the in the Historic Landscape— 1 year after the date of enactment of this Wildlife Conservation Area. (A) to improve aquatic, riparian, and wet- Act and periodically thereafter, as appro- SEC. 1517. CAMP HALE NATIONAL HISTORIC land conditions in and along the Eagle River priate, a management plan for the Historic LANDSCAPE. and tributaries of the Eagle River; Landscape for purposes of the removal ac- (a) DESIGNATION.—Subject to valid existing (B) to maintain or improve recreation and tivities described in subsection (e). rights, the approximately 28,728 acres of Fed- interpretive opportunities and facilities; and (g) EFFECT.—Nothing in this section— eral land in the White River National Forest (C) to conserve historic values in the Camp (1) affects the jurisdiction of the State over in the State depicted as ‘‘Proposed Camp Hale area. any water law, water right, or adjudication Hale National Historic Landscape’’ on the (2) COORDINATION.—In carrying out the or administration relating to any water re- map entitled ‘‘Camp Hale National Historic project described in paragraph (1), the Sec- source; Landscape Proposal’’ and dated January 23, retary shall coordinate with— (2) affects any water right in existence on 2018, are designated the ‘‘Camp Hale Na- (A) the Corps of Engineers; or after the date of enactment of this Act, or tional Historic Landscape’’. (B) the Camp Hale-Eagle River Headwaters the exercise of such a water right, includ- (b) PURPOSES.—The purposes of the His- ing— toric Landscape are— Collaborative Group; (A) a water right under an interstate water (1) to provide for— (C) the National Forest Foundation; compact (including full development of any (A) the interpretation of historic events, (D) the Colorado Department of Public apportionment made in accordance with activities, structures, and artifacts of the Health and Environment; such a compact); Historic Landscape, including with respect (E) the Colorado State Historic Preserva- (B) a water right decreed within, above, to the role of the Historic Landscape in tion Office; below, or through the Historic Landscape; local, national, and world history; (F) units of local government; and (C) a water right held by the United (B) the historic preservation of the His- (G) other interested organizations and States; toric Landscape, consistent with— members of the public. (D) the management or operation of any (i) the designation of the Historic Land- (e) ENVIRONMENTAL REMEDIATION.— scape as a national historic site; and (1) IN GENERAL.—The Secretary of the reservoir, including the storage, manage- (ii) the other purposes of the Historic Army shall continue to carry out the ment, release, or transportation of water; Landscape; projects and activities of the Department of and (C) recreational opportunities, with an em- the Army in existence on the date of enact- (E) the construction or operation of such phasis on the activities related to the his- ment of this Act relating to cleanup of— infrastructure as is determined to be nec- toric use of the Historic Landscape, includ- (A) the Camp Hale Formerly Used Defense essary by an individual or entity holding ing skiing, snowshoeing, snowmobiling, hik- Site; or water rights to develop and place to bene- ing, horseback riding, climbing, other road- (B) the Camp Hale historic cantonment ficial use those rights, subject to applicable and trail-based activities, and other outdoor area. Federal, State, and local law (including reg- activities; and (2) REMOVAL OF UNEXPLODED ORDNANCE.— ulations); (D) the continued cleanup of unexploded (A) IN GENERAL.—The Secretary of the (3) constitutes an express or implied res- ordnance and legacy hazards at the Camp Army may remove unexploded ordnance (as ervation by the United States of any re- Hale Formerly Used Defense Site and the defined in section 101(e) of title 10, United served or appropriative water right; Camp Hale historic cantonment area; and States Code) from the Historic Landscape, as (4) alters or limits— (2) to conserve, protect, restore, and en- the Secretary of the Army determines to be (A) a permit held by a ski area; hance for the benefit and enjoyment of appropriate— (B) the implementation of activities gov- present and future generations the scenic, (i) in any case in which the unexploded erned by a ski area permit; or watershed, and ecological resources of the ordnance interferes with the management of (C) the authority of the Secretary to mod- Historic Landscape. the Historic Landscape; or ify or expand an existing ski area permit; (c) MANAGEMENT.— (ii) to ensure public safety. (5) prevents the Secretary from closing (1) IN GENERAL.—The Secretary shall man- (B) ACTION ON RECEIPT OF NOTICE.—On re- portions of the Historic Landscape for public age the Historic Landscape in accordance ceipt from the Secretary of a notification of safety, environmental remediation, or other with— unexploded ordnance under subsection (c)(3), use in accordance with applicable laws; or (A) the purposes of the Historic Landscape the Secretary of the Army may remove the (6) affects— described in subsection (b); and unexploded ordnance in accordance with— (A) any special use permit in effect on the (B) any other applicable laws (including (i) the program for environmental restora- date of enactment of this Act; or regulations). tion of formerly used defense sites under sec- (B) the renewal of a permit described in (2) MANAGEMENT PLAN.— tion 2701 of title 10, United States Code; subparagraph (A). (A) IN GENERAL.—Not later than 5 years (ii) the Comprehensive Environmental Re- (h) FUNDING.— after the date of enactment of this Act, the sponse, Compensation, and Liability Act of (1) IN GENERAL.—There is established in the Secretary shall prepare a management plan 1980 (42 U.S.C. 9601 et seq.); and general fund of the Treasury a special ac- for the Historic Landscape. (iii) any other applicable provision of law count, to be known as the ‘‘Camp Hale His- (B) CONTENTS.—The management plan pre- (including regulations). toric Preservation and Restoration Fund’’. pared under subparagraph (A) shall include (3) EFFECT OF SUBSECTION.—Nothing in this (2) AUTHORIZATION OF APPROPRIATIONS.— plans for— subsection modifies any obligation in exist- There is authorized to be appropriated to the

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Camp Hale Historic Preservation and Res- (d) ACQUISITION OF LAND.— ‘‘(B) WHITEHOUSE ADDITIONS.—Certain Fed- toration Fund $10,000,000, to be available to (1) IN GENERAL.—The Secretary may ac- eral land in the Grand Mesa, Uncompahgre, the Secretary until expended, for activities quire any land or interest in land within the and Gunnison National Forests comprising relating to historic interpretation, preserva- boundaries of an area described in subsection approximately 12,465 acres, as generally de- tion, and restoration carried out in and (b)(1) only through exchange, donation, or picted on the map entitled ‘Proposed White- around the Historic Landscape. purchase from a willing seller. house Additions to the Mt. Sneffels Wilder- SEC. 1518. WHITE RIVER NATIONAL FOREST (2) MANAGEMENT.—Any land or interest in ness’ and dated September 6, 2018, which is BOUNDARY MODIFICATION. land acquired under paragraph (1) shall be in- incorporated in, and shall be administered as (a) IN GENERAL.—The boundary of the corporated into, and administered as a part part of, the Mount Sneffels Wilderness. White River National Forest is modified to of, the wilderness area, Recreation Manage- ‘‘(29) MCKENNA PEAK WILDERNESS.—Certain include the approximately 120 acres com- ment Area, Wildlife Conservation Area, or Federal land in the State of Colorado com- prised of the SW 1⁄4, the SE 1⁄4, and the NE 1⁄4 Historic Landscape, as applicable, in which prising approximately 8,884 acres of Bureau of the SE 1⁄4 of sec. 1, T. 2 S., R. 80 W., 6th the land or interest in land is located. of Land Management land, as generally de- Principal Meridian, in Summit County in (e) WITHDRAWAL.—Subject to valid rights picted on the map entitled ‘Proposed McKen- the State. in existence on the date of enactment of this na Peak Wilderness Area’ and dated Sep- (b) LAND AND WATER CONSERVATION Act, the areas described in subsection (b)(1) tember 18, 2018, to be known as the ‘McKenna FUND.—For purposes of section 200306 of title are withdrawn from— Peak Wilderness’.’’. 54, United States Code, the boundaries of the (1) entry, appropriation, and disposal under SEC. 1533. SPECIAL MANAGEMENT AREAS. White River National Forest, as modified the public land laws; (a) DESIGNATION.— under subsection (a), shall be considered to (2) location, entry, and patent under min- (1) SHEEP MOUNTAIN SPECIAL MANAGEMENT be the boundaries of the White River Na- ing laws; and AREA.—The Federal land in the Grand Mesa, tional Forest as in existence on January 1, (3) operation of the mineral leasing, min- Uncompahgre, and Gunnison and San Juan 1965. eral materials, and geothermal leasing laws. National Forests in the State comprising ap- (f) MILITARY OVERFLIGHTS.—Nothing in SEC. 1519. ROCKY MOUNTAIN NATIONAL PARK proximately 21,663 acres, as generally de- WILDERNESS BOUNDARY ADJUST- this part or an amendment made by this part picted on the map entitled ‘‘Proposed Sheep MENT. restricts or precludes— Mountain Special Management Area’’ and (a) PURPOSE.—The purpose of this section (1) any low-level overflight of military air- dated September 19, 2018, is designated as the is to provide for the ongoing maintenance craft over any area subject to this part or an ‘‘Sheep Mountain Special Management and use of portions of the Trail River Ranch amendment made by this part, including Area’’. military overflights that can be seen, heard, and the associated property located within (2) LIBERTY BELL EAST SPECIAL MANAGE- or detected within such an area; Rocky Mountain National Park in Grand MENT AREA.—The Federal land in the Grand County in the State. (2) flight testing or evaluation over an area Mesa, Uncompahgre, and Gunnison National (b) BOUNDARY ADJUSTMENT.—Section described in paragraph (1); or Forests in the State comprising approxi- 1952(b) of the Omnibus Public Land Manage- (3) the use or establishment of— mately 792 acres, as generally depicted on ment Act of 2009 (Public Law 111–11; 123 Stat. (A) any new unit of special use airspace the map entitled ‘‘Proposed Liberty Bell and 1070) is amended by adding at the end the fol- over an area described in paragraph (1); or Last Dollar Additions to the Mt. Sneffels lowing: (B) any military flight training or trans- Wilderness, Liberty Bell East Special Man- ‘‘(3) BOUNDARY ADJUSTMENT.—The bound- portation over such an area. agement Area’’ and dated September 6, 2018, ary of the Wilderness is modified to exclude PART II—SAN JUAN MOUNTAINS is designated as the ‘‘Liberty Bell East Spe- the potential wilderness comprising approxi- SEC. 1531. DEFINITIONS. cial Management Area’’. mately 15.5 acres of land identified as ‘Poten- In this part: (b) PURPOSE.—The purpose of the Special tial Wilderness to Non-wilderness’ on the (1) COVERED LAND.—The term ‘‘covered Management Areas is to conserve and pro- map entitled ‘Rocky Mountain National land’’ means— tect for the benefit and enjoyment of present Park Proposed Wilderness Area Amendment’ (A) land designated as wilderness under and future generations the geological, cul- and dated January 16, 2018.’’. paragraphs (27) through (29) of section 2(a) of tural, archaeological, paleontological, nat- SEC. 1520. ADMINISTRATIVE PROVISIONS. the Colorado Wilderness Act of 1993 (16 ural, scientific, recreational, wilderness, (a) FISH AND WILDLIFE.—Nothing in this U.S.C. 1132 note; Public Law 103–77) (as added wildlife, riparian, historical, educational, part affects the jurisdiction or responsibility by section 1532); and and scenic resources of the Special Manage- of the State with respect to fish and wildlife (B) a Special Management Area. ment Areas. in the State. (2) SECRETARY.—The term ‘‘Secretary’’ (c) MANAGEMENT.— (b) NO BUFFER ZONES.— means the Secretary of Agriculture. (1) IN GENERAL.—The Secretary shall man- (1) IN GENERAL.—Nothing in this part or an (3) SPECIAL MANAGEMENT AREA.—The term age the Special Management Areas in a man- amendment made by this part establishes a ‘‘Special Management Area’’ means each of— ner that— protective perimeter or buffer zone around— (A) the Sheep Mountain Special Manage- (A) conserves, protects, and enhances the (A) a covered area; ment Area designated by section 1533(a)(1); resources and values of the Special Manage- (B) a wilderness area or potential wilder- and ment Areas described in subsection (b); ness area designated by section 1513; (B) the Liberty Bell East Special Manage- (B) subject to paragraph (3), maintains or (C) the Recreation Management Area; ment Area designated by section 1533(a)(2). improves the wilderness character of the (D) a Wildlife Conservation Area; or SEC. 1532. ADDITIONS TO NATIONAL WILDER- Special Management Areas and the suit- (E) the Historic Landscape. NESS PRESERVATION SYSTEM. ability of the Special Management Areas for (2) OUTSIDE ACTIVITIES.—The fact that a Section 2(a) of the Colorado Wilderness Act potential inclusion in the National Wilder- nonwilderness activity or use on land outside of 1993 (16 U.S.C. 1132 note; Public Law 103– ness Preservation System; and of a covered area can be seen or heard from 77) (as amended by section 1512(a)(2)) is (C) is in accordance with— within the covered area shall not preclude amended by adding at the end the following: (i) the National Forest Management Act of the activity or use outside the boundary of ‘‘(27) LIZARD HEAD WILDERNESS ADDITION.— 1976 (16 U.S.C. 1600 et seq.); the covered area. Certain Federal land in the Grand Mesa, (ii) this part; and (c) MAPS AND LEGAL DESCRIPTIONS.— Uncompahgre, and Gunnison National For- (iii) any other applicable laws. (1) IN GENERAL.—As soon as practicable ests comprising approximately 3,141 acres, as (2) PROHIBITIONS.—The following shall be after the date of enactment of this Act, the generally depicted on the map entitled ‘Pro- prohibited in the Special Management Areas: Secretary shall file maps and legal descrip- posed Wilson, Sunshine, Black Face and San (A) Permanent roads. tions of each area described in subsection Bernardo Additions to the Lizard Head Wil- (B) Except as necessary to meet the min- (b)(1) with— derness’ and dated September 6, 2018, which imum requirements for the administration (A) the Committee on Natural Resources of is incorporated in, and shall be administered of the Federal land, to provide access for the House of Representatives; and as part of, the Lizard Head Wilderness. abandoned mine cleanup, and to protect pub- (B) the Committee on Energy and Natural ‘‘(28) MOUNT SNEFFELS WILDERNESS ADDI- lic health and safety— Resources of the Senate. TIONS.— (i) the use of motor vehicles, motorized (2) FORCE OF LAW.—Each map and legal de- ‘‘(A) LIBERTY BELL AND LAST DOLLAR ADDI- equipment, or mechanical transport (other scription filed under paragraph (1) shall have TIONS.—Certain Federal land in the Grand than as provided in paragraph (3)); and the same force and effect as if included in Mesa, Uncompahgre, and Gunnison National (ii) the establishment of temporary roads. this part, except that the Secretary may cor- Forests comprising approximately 7,235 (3) AUTHORIZED ACTIVITIES.— rect any typographical errors in the maps acres, as generally depicted on the map enti- (A) IN GENERAL.—The Secretary may allow and legal descriptions. tled ‘Proposed Liberty Bell and Last Dollar any activities (including helicopter access (3) PUBLIC AVAILABILITY.—Each map and Additions to the Mt. Sneffels Wilderness, for recreation and maintenance and the com- legal description filed under paragraph (1) Liberty Bell East Special Management Area’ petitive running event permitted since 1992) shall be on file and available for public in- and dated September 6, 2018, which is incor- that have been authorized by permit or li- spection in the appropriate offices of the porated in, and shall be administered as part cense as of the date of enactment of this Act Forest Service. of, the Mount Sneffels Wilderness. to continue within the Special Management

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1001 Areas, subject to such terms and conditions (A) is no longer subject to section 603(c) of of 1993 (16 U.S.C. 1132 note; Public Law 103– as the Secretary may require. the Federal Land Policy and Management 77) (as added by section 1532) may carry out (B) PERMITTING.—The designation of the Act of 1976 (43 U.S.C. 1782(c)); and any activity in the wilderness area that the Special Management Areas by subsection (a) (B) shall be managed in accordance with Secretary determines to be necessary for the shall not affect the issuance of permits relat- applicable laws. control of fire, insects, and diseases, subject ing to the activities covered under subpara- SEC. 1535. ADMINISTRATIVE PROVISIONS. to such terms and conditions as the Sec- retary determines to be appropriate. graph (A) after the date of enactment of this (a) FISH AND WILDLIFE.—Nothing in this (g) WITHDRAWAL.—Subject to valid rights Act. part affects the jurisdiction or responsibility in existence on the date of enactment of this (C) BICYCLES.—The Secretary may permit of the State with respect to fish and wildlife Act, the covered land and the approximately the use of bicycles in— in the State. (i) the portion of the Sheep Mountain Spe- 6,590 acres generally depicted on the map en- (b) NO BUFFER ZONES.— titled ‘‘Proposed Naturita Canyon Mineral cial Management Area identified as ‘‘Ophir (1) IN GENERAL.—Nothing in this part es- Valley Area’’ on the map entitled ‘‘Proposed Withdrawal Area’’ and dated September 6, tablishes a protective perimeter or buffer 2018, is withdrawn from— Sheep Mountain Special Management Area’’ zone around covered land. and dated September 19, 2018; and (1) entry, appropriation, and disposal under (2) ACTIVITIES OUTSIDE WILDERNESS.—The the public land laws; (ii) the portion of the Liberty Bell East fact that a nonwilderness activity or use on Special Management Area identified as ‘‘Lib- (2) location, entry, and patent under min- land outside of the covered land can be seen ing laws; and erty Bell Corridor’’ on the map entitled or heard from within covered land shall not (3) operation of the mineral leasing, min- ‘‘Proposed Liberty Bell and Last Dollar Ad- preclude the activity or use outside the eral materials, and geothermal leasing laws. ditions to the Mt. Sneffels Wilderness, Lib- boundary of the covered land. PART III—THOMPSON DIVIDE erty Bell East Special Management Area’’ (c) MAPS AND LEGAL DESCRIPTIONS.— SEC. 1541. PURPOSES. and dated September 6, 2018. (1) IN GENERAL.—As soon as practicable (d) APPLICABLE LAW.—Water and water after the date of enactment of this Act, the The purposes of this part are— rights in the Special Management Areas Secretary or the Secretary of the Interior, as (1) subject to valid existing rights, to with- shall be administered in accordance with appropriate, shall file a map and a legal de- draw certain Federal land in the Thompson section 8 of the Colorado Wilderness Act of scription of each wilderness area designated Divide area from mineral and other disposal 1993 (Public Law 103–77; 107 Stat. 762), except laws; and by paragraphs (27) through (29) of section 2(a) that— (2) to promote the capture of methane gas of the Colorado Wilderness Act of 1993 (16 (1) any reference contained in that section that would otherwise be emitted into the at- U.S.C. 1132 note; Public Law 103–77) (as added to ‘‘the lands designated as wilderness by mosphere— by section 1532) and the Special Management this Act’’, ‘‘the Piedra, Roubideau, and (A) to reduce greenhouse gas emissions; Areas with— Tabeguache areas identified in section 9 of and (A) the Committee on Natural Resources of this Act, or the Bowen Gulch Protection (B) to provide— the House of Representatives; and Area or the Fossil Ridge Recreation Manage- (i) new renewable electricity supplies; and (B) the Committee on Energy and Natural ment Area identified in sections 5 and 6 of (ii) increased royalties for taxpayers. Resources of the Senate. this Act’’, or ‘‘the areas described in sections SEC. 1542. DEFINITIONS. (2) FORCE OF LAW.—Each map and legal de- 2, 5, 6, and 9 of this Act’’ shall be considered In this part: scription filed under paragraph (1) shall have to be a reference to ‘‘the Special Manage- (1) THOMPSON DIVIDE LEASE.— the same force and effect as if included in ment Areas’’; and (A) IN GENERAL.—The term ‘‘Thompson Di- this part, except that the Secretary or the (2) any reference contained in that section vide lease’’ means any oil or gas lease in ef- Secretary of the Interior, as appropriate, to ‘‘this Act’’ shall be considered to be a ref- fect on the date of enactment of this Act may correct any typographical errors in the erence to ‘‘part II of subtitle F of title I of within the Thompson Divide Withdrawal and maps and legal descriptions. the Natural Resources Management Act’’. Protection Area. (3) PUBLIC AVAILABILITY.—Each map and (B) EXCLUSIONS.—The term ‘‘Thompson Di- SEC. 1534. RELEASE OF WILDERNESS STUDY legal description filed under paragraph (1) AREAS. vide lease’’ does not include any oil or gas shall be on file and available for public in- (a) DOMINGUEZ CANYON WILDERNESS STUDY lease that— spection in the appropriate offices of the Bu- AREA.—Subtitle E of title II of Public Law (i) is associated with a Wolf Creek Storage 111–11 is amended— reau of Land Management and the Forest Field development right; or (1) by redesignating section 2408 (16 U.S.C. Service. (ii) before the date of enactment of this 460zzz–7) as section 2409; and (d) ACQUISITION OF LAND.— Act, has expired, been cancelled, or other- (2) by inserting after section 2407 (16 U.S.C. (1) IN GENERAL.—The Secretary or the Sec- wise terminated. 460zzz–6) the following: retary of the Interior, as appropriate, may (2) THOMPSON DIVIDE MAP.—The term acquire any land or interest in land within ‘‘SEC. 2408. RELEASE. ‘‘Thompson Divide map’’ means the map en- the boundaries of a Special Management ‘‘(a) IN GENERAL.—Congress finds that, for titled ‘‘Greater Thompson Divide Area Map’’ the purposes of section 603(c) of the Federal Area or the wilderness designated under and dated September 22, 2016. Land Policy and Management Act of 1976 (43 paragraphs (27) through (29) of section 2(a) of (3) THOMPSON DIVIDE WITHDRAWAL AND PRO- U.S.C. 1782(c)), the portions of the the Colorado Wilderness Act of 1993 (16 TECTION AREA.—The term ‘‘Thompson Divide Dominguez Canyon Wilderness Study Area U.S.C. 1132 note; Public Law 103–77) (as added Withdrawal and Protection Area’’ means the not designated as wilderness by this subtitle by section 1532) only through exchange, do- Federal land and minerals generally depicted have been adequately studied for wilderness nation, or purchase from a willing seller. on the Thompson Divide map as the designation. (2) MANAGEMENT.—Any land or interest in ‘‘Thompson Divide Withdrawal and Protec- ‘‘(b) RELEASE.—Any public land referred to land acquired under paragraph (1) shall be in- tion Area’’. in subsection (a) that is not designated as corporated into, and administered as a part (4) WOLF CREEK STORAGE FIELD DEVELOP- wilderness by this subtitle— of, the wilderness or Special Management MENT RIGHT.— ‘‘(1) is no longer subject to section 603(c) of Area in which the land or interest in land is (A) IN GENERAL.—The term ‘‘Wolf Creek the Federal Land Policy and Management located. Storage Field development right’’ means a Act of 1976 (43 U.S.C. 1782(c)); and (e) GRAZING.—The grazing of livestock on development right for any of the Federal ‘‘(2) shall be managed in accordance with covered land, if established before the date of mineral leases numbered COC 007496, COC this subtitle and any other applicable laws.’’. enactment of this Act, shall be permitted to 007497, COC 007498, COC 007499, COC 007500, (b) MCKENNA PEAK WILDERNESS STUDY continue subject to such reasonable regula- COC 007538, COC 008128, COC 015373, COC AREA.— tions as are considered to be necessary by 0128018, COC 051645, and COC 051646, and gen- (1) IN GENERAL.—Congress finds that, for the Secretary with jurisdiction over the cov- erally depicted on the Thompson Divide map the purposes of section 603(c) of the Federal ered land, in accordance with— as ‘‘Wolf Creek Storage Agreement’’. Land Policy and Management Act of 1976 (43 (1) section 4(d)(4) of the Wilderness Act (16 (B) EXCLUSIONS.—The term ‘‘Wolf Creek U.S.C. 1782(c)), the portions of the McKenna U.S.C. 1133(d)(4)); and Storage Field development right’’ does not Peak Wilderness Study Area in San Miguel (2) the applicable guidelines set forth in include any storage right or related activity County in the State not designated as wil- Appendix A of the report of the Committee within the area described in subparagraph derness by paragraph (29) of section 2(a) of on Interior and Insular Affairs of the House (A). the Colorado Wilderness Act of 1993 (16 of Representatives accompanying H.R. 2570 SEC. 1543. THOMPSON DIVIDE WITHDRAWAL AND U.S.C. 1132 note; Public Law 103–77) (as added of the 101st Congress (H. Rept. 101–405) or PROTECTION AREA. by section 1532) have been adequately studied H.R. 5487 of the 96th Congress (H. Rept. 96– (a) WITHDRAWAL.—Subject to valid existing for wilderness designation. 617). rights, the Thompson Divide Withdrawal and (2) RELEASE.—Any public land referred to (f) FIRE, INSECTS, AND DISEASES.—In ac- Protection Area is withdrawn from all forms in paragraph (1) that is not designated as cordance with section 4(d)(1) of the Wilder- of— wilderness by paragraph (29) of section 2(a) of ness Act (16 U.S.C. 1133(d)(1)), the Secretary (1) entry, appropriation, and disposal under the Colorado Wilderness Act of 1993 (16 with jurisdiction over a wilderness area des- the public land laws; U.S.C. 1132 note; Public Law 103–77) (as added ignated by paragraphs (27) through (29) of (2) location, entry, and patent under the by section 1532)— section 2(a) of the Colorado Wilderness Act mining laws; and

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1002 CONGRESSIONAL RECORD — SENATE February 6, 2019 (3) operation of the mineral leasing, min- right shall permanently relinquish, transfer, costs to be included in the pricing estab- eral materials, and geothermal leasing laws. and otherwise convey to the Secretary, in a lished under paragraph (3). (b) SURVEYS.—The exact acreage and legal form acceptable to the Secretary, all Wolf SEC. 1546. EFFECT. description of the Thompson Divide With- Creek Storage Field development rights of Except as expressly provided in this part, drawal and Protection Area shall be deter- the leaseholder. nothing in this part— mined by surveys approved by the Secretary, (2) LIMITATION OF TRANSFER.—An interest (1) expands, diminishes, or impairs any in consultation with the Secretary of Agri- acquired by the Secretary under paragraph valid existing mineral leases, mineral inter- culture. (1)— est, or other property rights wholly or par- SEC. 1544. THOMPSON DIVIDE LEASE EXCHANGE. (A) shall be held in perpetuity; and tially within the Thompson Divide With- (a) IN GENERAL.—In exchange for the relin- (B) shall not be— drawal and Protection Area, including access quishment by a leaseholder of all Thompson (i) transferred; to the leases, interests, rights, or land in ac- Divide leases of the leaseholder, the Sec- (ii) reissued; or cordance with applicable Federal, State, and retary may issue to the leaseholder credits (iii) otherwise used for mineral extraction. local laws (including regulations); for any bid, royalty, or rental payment due SEC. 1545. METHANE LEASING IN LOWER NORTH (2) prevents the capture of methane from under any Federal oil or gas lease on Federal FORK VALLEY. any active, inactive, or abandoned coal mine (a) INVENTORY.—Not later than 1 year after land in the State, in accordance with sub- covered by this part, in accordance with ap- the date of enactment of this Act, the Sec- section (b). plicable laws; or retary shall complete, or shall collaborate MOUNT OF CREDITS.— (3) prevents access to, or the development (b) A with agencies of the State or with institu- (1) IN GENERAL.—Subject to paragraph (2), of, any new or existing coal mine or lease in tions of higher education in the State to Delta or Gunnison County in the State. the amount of the credits issued to a lease- complete, an inventory of all significant holder of a Thompson Divide lease relin- emissions of methane in the North Fork Val- PART IV—CURECANTI NATIONAL quished under subsection (a) shall— ley in the State, including methane emis- RECREATION AREA (A) be equal to the sum of— sions from active, inactive, and abandoned SEC. 1551. DEFINITIONS. (i) the amount of the bonus bids paid for coal mines. In this part: the applicable Thompson Divide leases; (b) LEASING PROGRAM.— (1) MAP.—The term ‘‘map’’ means the map (ii) the amount of any rental paid for the (1) IN GENERAL.—Not later than 1 year after entitled ‘‘Curecanti National Recreation applicable Thompson Divide leases as of the the date of completion of the inventory re- Area, Proposed Boundary’’, numbered 616/ date on which the leaseholder submits to the quired under subsection (a), the Secretary 100,485C, and dated August 11, 2016. Secretary a notice of the decision to relin- shall carry out, to the extent permissible (2) NATIONAL RECREATION AREA.—The term quish the applicable Thompson Divide leases; under applicable law, a program to offer for ‘‘National Recreation Area’’ means the and lease Federal methane from active, inactive, Curecanti National Recreation Area estab- (iii) the amount of any expenses incurred and abandoned coal mines where methane is lished by section 1552(a). by the leaseholder of the applicable Thomp- escaping into the atmosphere, subject to SEC. 1552. CURECANTI NATIONAL RECREATION son Divide leases in the preparation of any valid existing rights. AREA. drilling permit, sundry notice, or other re- (2) CONDITIONS.—The program carried out (a) ESTABLISHMENT.—Effective beginning lated submission in support of the develop- under paragraph (1) shall— on the earlier of the date on which the Sec- ment of the applicable Thompson Divide (A) only include methane that can be col- retary approves a request under subsection leases as of January 28, 2019, including any lected and transported in a manner that does (c)(2)(B)(i)(I) and the date that is 1 year after expenses relating to the preparation of any not— the date of enactment of this Act, there shall analysis under the National Environmental (i) endanger the safety of coal mine work- be established as a unit of the National Park Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ers; or System the Curecanti National Recreation (B) require the approval of the Secretary. (ii) unreasonably interfere with ongoing Area, in accordance with this part, con- (2) EXCLUSION.—The amount of a credit operations at coal mines; and sisting of approximately 50,667 acres of land issued under subsection (a) shall not include (B) provide for the owners or operators of in the State, as generally depicted on the any expenses paid by the leaseholder of a mines with leases that overlap potential map as ‘‘Curecanti National Recreation Area Thompson Divide lease for legal fees or re- methane leases under the program carried Proposed Boundary’’. lated expenses for legal work with respect to out under paragraph (1) to elect to remove (b) AVAILABILITY OF MAP.—The map shall a Thompson Divide lease. the areas from potential methane leasing be on file and available for public inspection (c) CANCELLATION.—Effective on relinquish- under the program, if the owner or operator in the appropriate offices of the National ment under this section, and without any ad- determines that the conditions described in Park Service. ditional action by the Secretary, a Thomp- subparagraph (A) are not met. (c) ADMINISTRATION.— son Divide lease— (c) COAL MINE METHANE ELECTRICAL POWER (1) IN GENERAL.—The Secretary shall ad- (1) shall be permanently cancelled; and GENERATION DEMONSTRATION PROGRAM.— minister the National Recreation Area in ac- (2) shall not be reissued. (1) IN GENERAL.—Not later than 2 years cordance with— (d) CONDITIONS.— after the date of completion of the inventory (A) this part; and (1) APPLICABLE LAW.—Except as otherwise required under subsection (a), the Secretary (B) the laws (including regulations) gen- provided in this section, each exchange shall consult with the eligible entities de- erally applicable to units of the National under this section shall be conducted in ac- scribed in paragraph (2) to develop a program Park System, including section 100101(a), cordance with— to facilitate the sale and delivery of methane chapter 1003, and sections 100751(a), 100752, (A) this subtitle; and from active, inactive, and abandoned coal 100753, and 102101 of title 54, United States (B) other applicable laws (including regula- mines where methane is escaping into the at- Code. tions). mosphere to 1 or more of the eligible entities (2) DAM, POWERPLANT, AND RESERVOIR MAN- (2) ACCEPTANCE OF CREDITS.—The Secretary to demonstrate the feasibility, cost-effec- AGEMENT AND OPERATIONS.— shall accept credits issued under subsection tiveness, and environmental benefits of pro- (A) IN GENERAL.—Nothing in this part af- (a) in the same manner as cash for the pay- ducing electrical power from methane that— fects or interferes with the authority of the ments described in that subsection. (A) is subject to subsection (b); but Secretary— (3) APPLICABILITY.—The use of a credit (B) has not been leased under that sub- (i) to operate the Uncompahgre Valley issued under subsection (a) shall be subject section. Reclamation Project under the reclamation to the laws (including regulations) applica- (2) DESCRIPTION OF ELIGIBLE ENTITIES.—An laws; ble to the payments described in that sub- eligible entity referred to in paragraph (1) is (ii) to operate the Wayne N. Aspinall Unit section, to the extent that the laws are con- any rural electric utility, energy coopera- of the Colorado River Storage Project under sistent with this section. tive, or municipal utility the service area the Act of April 11, 1956 (commonly known as (4) TREATMENT OF CREDITS.—All amounts in boundaries of which are located within 100 the ‘‘Colorado River Storage Project Act’’) the form of credits issued under subsection miles of Paonia in the State. (43 U.S.C. 620 et seq.); or (a) accepted by the Secretary shall be con- (3) ESTABLISHMENT OF PRICING.—The Sec- (iii) under the Federal Water Project sidered to be amounts received for the pur- retary shall establish pricing for the sale and Recreation Act (16 U.S.C. 460l–12 et seq.). poses of— delivery of methane under paragraph (1) that (B) RECLAMATION LAND.— (A) section 35 of the Mineral Leasing Act is sufficient to reimburse all costs to the (i) SUBMISSION OF REQUEST TO RETAIN AD- (30 U.S.C. 191); and Secretary for the implementation and man- MINISTRATIVE JURISDICTION.—If, before the (B) section 20 of the Geothermal Steam Act agement of the demonstration program date that is 1 year after the date of enact- of 1970 (30 U.S.C. 1019). under that paragraph. ment of this Act, the Commissioner of Rec- (e) WOLF CREEK STORAGE FIELD DEVELOP- (4) CONTRACTS.—The Secretary may enter lamation submits to the Secretary a request MENT RIGHTS.— into a contract with the State or 1 or more for the Commissioner of Reclamation to re- (1) CONVEYANCE TO SECRETARY.—As a condi- institutions of higher education in the State tain administrative jurisdiction over the tion precedent to the relinquishment of a to provide services to the eligible entities de- minimum quantity of land within the land Thompson Divide lease, any leaseholder with scribed in paragraph (2) to facilitate the pro- identified on the map as ‘‘Lands withdrawn a Wolf Creek Storage Field development gram under paragraph (1), with all related or acquired for Bureau of Reclamation

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1003 projects’’ that the Commissioner of Rec- vate land located not more than 3 miles from (i) accept the voluntary termination of a lamation identifies as necessary for the ef- the boundary of the National Recreation lease or permit for grazing; or fective operation of Bureau of Reclamation Area, the Secretary may work in partnership (ii) in the case of a lease or permit vacated water facilities, the Secretary may— with the individual to enhance the long-term for a period of 3 or more years, terminate the (I) approve, modify, or disapprove the re- conservation of natural, cultural, rec- lease or permit. quest; and reational, and scenic resources in and around (8) WATER RIGHTS.—Nothing in this part— (II) if the request is approved under sub- the National Recreation Area— (A) affects any use or allocation in exist- clause (I), make any modifications to the (A) by acquiring the portion of the private ence on the date of enactment of this Act of map that are necessary to reflect that the land or interests in private land located not any water, water right, or interest in water; Commissioner of Reclamation has manage- more than 3 miles from the boundary of the (B) affects any vested absolute or decreed ment authority over the minimum quantity National Recreation Area by purchase, ex- conditional water right in existence on the of land required to fulfill the reclamation change, or donation, in accordance with sec- date of enactment of this Act, including any mission. tion 1553; water right held by the United States; (ii) TRANSFER OF LAND.— (B) by providing technical assistance to (C) affects any interstate water compact in (I) IN GENERAL.—Administrative jurisdic- the individual, including cooperative assist- existence on the date of enactment of this tion over the land identified on the map as ance; Act; ‘‘Lands withdrawn or acquired for Bureau of (C) through available grant programs; and (D) authorizes or imposes any new reserved Reclamation projects’’, as modified pursuant (D) by supporting conservation easement Federal water right; or to clause (i)(II), if applicable, shall be trans- (E) shall be considered to be a relinquish- opportunities. ferred from the Commissioner of Reclama- ment or reduction of any water right re- (6) WITHDRAWAL.—Subject to valid existing tion to the Director of the National Park served or appropriated by the United States rights, all Federal land within the National Service by not later than the date that is 1 in the State on or before the date of enact- Recreation Area is withdrawn from— year after the date of enactment of this Act. ment of this Act. (A) all forms of entry, appropriation, or (II) ACCESS TO TRANSFERRED LAND.— (9) FISHING EASEMENTS.— disposal under the public land laws; (aa) IN GENERAL.—Subject to item (bb), the (A) IN GENERAL.—Nothing in this part di- Commissioner of Reclamation shall retain (B) location, entry, and patent under the minishes or alters the fish and wildlife pro- access to the land transferred to the Director mining laws; and gram for the Aspinall Unit developed under of the National Park Service under subclause (C) disposition under all laws relating to section 8 of the Act of April 11, 1956 (com- (I) for reclamation purposes, including for mineral and geothermal leasing. monly known as the ‘‘Colorado River Stor- the operation, maintenance, and expansion (7) GRAZING.— age Project Act’’) (70 Stat. 110, chapter 203; or replacement of facilities. (A) STATE LAND SUBJECT TO A STATE GRAZ- 43 U.S.C. 620g), by the United States Fish and ING LEASE (bb) MEMORANDUM OF UNDERSTANDING.—The .— Wildlife Service, the Bureau of Reclamation, terms of the access authorized under item (i) IN GENERAL.—If State land acquired and the Colorado Division of Wildlife (includ- (aa) shall be determined by a memorandum under this part is subject to a State grazing ing any successor in interest to that divi- of understanding entered into between the lease in effect on the date of acquisition, the sion) that provides for the acquisition of Commissioner of Reclamation and the Direc- Secretary shall allow the grazing to continue public access fishing easements as mitiga- tor of the National Park Service not later for the remainder of the term of the lease, tion for the Aspinall Unit (referred to in this than 1 year after the date of enactment of subject to the related terms and conditions paragraph as the ‘‘program’’). this Act. of user agreements, including permitted (B) ACQUISITION OF FISHING EASEMENTS.— (3) MANAGEMENT AGREEMENTS.— stocking rates, grazing fee levels, access The Secretary shall continue to fulfill the (A) IN GENERAL.—The Secretary may enter rights, and ownership and use of range im- obligation of the Secretary under the pro- into management agreements, or modify provements. gram to acquire 26 miles of class 1 public management agreements in existence on the (ii) ACCESS.—A lessee of State land may fishing easements to provide to sportsmen date of enactment of this Act, relating to the use established routes within the National access for fishing within the Upper Gunnison authority of the Director of the National Recreation Area to access State land for pur- Basin upstream of the Aspinall Unit, subject Park Service, the Commissioner of Reclama- poses of administering the lease if the use to the condition that no existing fishing ac- tion, the Director of the Bureau of Land was established before the date of enactment cess downstream of the Aspinall Unit shall Management, or the Chief of the Forest of this Act, subject to such terms and condi- be counted toward the minimum mileage re- Service to manage Federal land within, adja- tions as the Secretary may require. quirement under the program. cent to, or near the boundary of the National (B) STATE AND PRIVATE LAND.—The Sec- (C) PLAN.—Not later than 1 year after the Recreation Area. retary may, in accordance with applicable date of enactment of this Act, the Secretary (B) STATE LAND.—The Secretary may enter laws, authorize grazing on land acquired shall— into cooperative management agreements from the State or private landowners under (i) develop a plan for fulfilling the obliga- for any land administered by the State that section 1553, if grazing was established before tion of the Secretary described in subpara- is within, adjacent to, or near the National the date of acquisition. graph (B); and Recreation Area, in accordance with the co- (C) PRIVATE LAND.—On private land ac- (ii) submit to Congress a report that— operative management authority under sec- quired from a willing seller under section (I) includes the plan developed under tion 101703 of title 54, United States Code. 1553 for the National Recreation Area on clause (i); and (4) RECREATIONAL ACTIVITIES.— which authorized grazing is occurring before (II) describes any progress made in the ac- (A) AUTHORIZATION.—Except as provided in the date of enactment of this Act, the Sec- quisition of public access fishing easements subparagraph (B), the Secretary shall allow retary, in consultation with the lessee, may as mitigation for the Aspinall Unit under the boating, boating-related activities, hunting, allow the continuation and renewal of graz- program. and fishing in the National Recreation Area ing on the land based on the terms of nego- SEC. 1553. ACQUISITION OF LAND; BOUNDARY in accordance with applicable Federal and tiation of the individual land acquisition by MANAGEMENT. State laws. the lessee on the date of acquisition, subject (a) ACQUISITION.— (B) CLOSURES; DESIGNATED ZONES.— to applicable law (including regulations). (1) IN GENERAL.—The Secretary may ac- (i) IN GENERAL.—The Secretary, acting (D) FEDERAL LAND.—The Secretary shall— quire any land or interest in land within the through the Superintendent of the National (i) allow, consistent with the grazing boundary of the National Recreation Area. Recreation Area, may designate zones in leases, uses, and practices in effect as of the (2) MANNER OF ACQUISITION.— which, and establish periods during which, date of enactment of this Act, the continu- (A) IN GENERAL.—Subject to subparagraph no boating, hunting, or fishing shall be per- ation and renewal of grazing on Federal land (B), land described in paragraph (1) may be mitted in the National Recreation Area located within the boundary of the National acquired under this subsection by— under subparagraph (A) for reasons of public Recreation Area on which grazing is allowed (i) donation; safety, administration, or compliance with before the date of enactment of this Act, un- (ii) purchase from willing sellers with do- applicable laws. less the Secretary determines that grazing nated or appropriated funds; (ii) CONSULTATION REQUIRED.—Except in on the Federal land would present unaccept- (iii) transfer from another Federal agency; the case of an emergency, any closure pro- able impacts (as defined in section 1.4.7.1 of or posed by the Secretary under clause (i) shall the National Park Service document entitled (iv) exchange. not take effect until after the date on which ‘‘Management Policies 2006: The Guide to (B) STATE LAND.—Land or interests in land the Superintendent of the National Recre- Managing the National Park System’’) to owned by the State or a political subdivision ation Area consults with— the natural, cultural, recreational, and sce- of the State may only be acquired by pur- (I) the appropriate State agency respon- nic resource values and the character of the chase, donation, or exchange. sible for hunting and fishing activities; and land within the National Recreation Area; (b) TRANSFER OF ADMINISTRATIVE JURISDIC- (II) the Board of County Commissioners in and TION.— each county in which the zone is proposed to (ii) retain all authorities to manage graz- (1) FOREST SERVICE LAND.— be designated. ing in the National Recreation Area. (A) IN GENERAL.—Administrative jurisdic- (5) LANDOWNER ASSISTANCE.—On the writ- (E) TERMINATION OF LEASES.—The Sec- tion over the approximately 2,560 acres of ten request of an individual that owns pri- retary may— land identified on the map as ‘‘U.S. Forest

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Service proposed transfer to the National (1) COUNTY.—The term ‘‘County’’ means (1) IN GENERAL.—The sale or exchange of el- Park Service’’ is transferred to the Sec- Pershing County, Nevada. igible land under subsection (a) shall be— retary, to be administered by the Director of (2) STATE.—The term ‘‘State’’ means the (A) consistent with subsections (b), (d), and the National Park Service as part of the Na- State of Nevada. (f) of section 203 and section 206(a) of the tional Recreation Area. (3) WILDERNESS AREA.—The term ‘‘wilder- Federal Land Policy and Management Act of (B) BOUNDARY ADJUSTMENT.—The boundary ness area’’ means a wilderness area des- 1976 (43 U.S.C. 1713, 1716(a)); and of the Gunnison National Forest shall be ad- ignated by section 1531(a). (B) conducted through— justed to exclude the land transferred to the PART I—CHECKERBOARD LAND (i) a sale, which shall be— Secretary under subparagraph (A). RESOLUTION (I) through a competitive bidding process, (2) BUREAU OF LAND MANAGEMENT LAND.— under which adjoining landowners are of- SEC. 1511. FINDINGS. Administrative jurisdiction over the ap- fered the first option, unless otherwise deter- Congress finds that— proximately 5,040 acres of land identified on mined by the Secretary; (1) since the passage of the Act of July 1, the map as ‘‘Bureau of Land Management (II) for not less than fair market value, 1862 (12 Stat. 489, chapter 120) (commonly proposed transfer to National Park Service’’ based on an appraisal in accordance with the is transferred from the Director of the Bu- known as the ‘‘Pacific Railway Act of 1862’’), Uniform Standards of Professional Appraisal reau of Land Management to the Director of under which railroad land grants along the Practice; and the National Park Service, to be adminis- Union Pacific Railroad right-of-way created (III) conducted in accordance with sub- tered as part of the National Recreation a checkerboard land pattern of alternating section (f); or Area. public land and privately owned land, man- (ii) subject to paragraph (3), an acre-for- (3) WITHDRAWAL.—Administrative jurisdic- agement of the land in the checkerboard acre exchange for private land located with- tion over the land identified on the map as area has been a constant source of frustra- in a Management Priority Area identified ‘‘Proposed for transfer to the Bureau of Land tion for both private landholders and the under paragraph (4)(A). Management, subject to the revocation of Federal Government; (2) MASS APPRAISAL.—Not later than 1 year Bureau of Reclamation withdrawal’’ shall be (2) management of Federal land in the after the date of enactment of this Act, and transferred to the Director of the Bureau of checkerboard area has been costly and dif- every 5 years thereafter, the Secretary Land Management on relinquishment of the ficult for the Federal land management shall— land by the Bureau of Reclamation and rev- agencies, creating a disincentive to manage (A) conduct a mass appraisal of the eligible ocation by the Bureau of Land Management the land effectively; land to determine whether any parcel of eli- of any withdrawal as may be necessary. (3) parcels of land within the checkerboard gible land is likely valued at equal to or (c) POTENTIAL LAND EXCHANGE.— area in the County will not vary signifi- greater than $500 per acre (in 2017 constant (1) IN GENERAL.—The withdrawal of land cantly in appraised value by acre due to the dollars, as measured by the Consumer Price identified on the map as ‘‘Potential ex- similarity of highest and best use in the Index); and change lands’’ shall be relinquished by the County; and (B) make available to the public the re- Commissioner of Reclamation and revoked (4) consolidation of appropriate land within sults of the mass appraisal conducted under by the Director of Bureau of Land Manage- the checkerboard area through sales and as subparagraph (A). ment and the land shall be transferred to the acre-for-acre exchanges for development and (3) EXCLUSION.— National Park Service. Federal management will— (A) IN GENERAL.—If the Secretary deter- (2) EXCHANGE; INCLUSION IN NATIONAL (A) help improve the tax base of the Coun- mines that a parcel of eligible land is likely RECREATION AREA.—On transfer of the land ty; and valued at equal to or greater than $500 per described in paragraph (1), the transferred (B) simplify management for the Federal acre (in 2017 constant dollars, as measured land— Government. by the Consumer Price Index) under para- (A) may be exchanged by the Secretary for SEC. 1512. DEFINITIONS. graph (2)(A), the Secretary shall exclude that the private land described in section In this part: parcel from the acre-for-acre exchange de- 1552(c)(5)— (1) ELIGIBLE LAND.—The term ‘‘eligible scribed in paragraph (1)(B)(ii). (i) subject to a conservation easement re- land’’ means— (B) PUBLICATION IN FEDERAL REGISTER.—If a maining on the transferred land, to protect (A) any land administered by the Director mass appraisal of eligible land under para- the scenic resources of the transferred land; of the Bureau of Land Management that is graph (2)(A) is not finalized, or up-to-date and within the area identified on the Map as and publicly available, before an acre-for- (ii) in accordance with the laws (including ‘‘Checkerboard Lands Resolution Area’’ that acre exchange described in paragraph regulations) and policies governing National is designated for disposal by the Secretary (1)(B)(ii) is completed, the Secretary may fi- Park Service land exchanges; and through— nalize the exchange if the Secretary pub- (B) if not exchanged under subparagraph (i) the Winnemucca Consolidated Resource lishes in the Federal Register— (A), shall be included in the boundary of the Management Plan; or (i) a determination stating that the one or National Recreation Area. (ii) any subsequent amendment or revision more parcels of eligible land included in the (d) ADDITION TO NATIONAL RECREATION to the management plan that is undertaken exchange are likely valued at less than $500 AREA.—Any land within the boundary of the with full public involvement; and per acre (in 2017 constant dollars, as meas- National Recreation Area that is acquired by (B) the land identified on the Map as ‘‘Ad- ured by the Consumer Price Index); and the United States shall be added to, and ditional Lands Eligible for Disposal’’. (ii) a description of the methodology used managed as a part of, the National Recre- (2) MAP.—The term ‘‘Map’’ means the map to arrive at that determination. ation Area. entitled ‘‘Pershing County Checkerboard (4) MANAGEMENT PRIORITY AREAS.— SEC. 1554. GENERAL MANAGEMENT PLAN. Lands Resolution’’ and dated February 9, (A) IN GENERAL.—Subject to subparagraph Not later than 3 years after the date on 2017. (B), not later than 1 year after the date of which funds are made available to carry out SEC. 1513. SALE OR EXCHANGE OF ELIGIBLE enactment of this Act, for the purpose of the this part, the Director of the National Park LAND. exchanges authorized under paragraph Service, in consultation with the Commis- (a) AUTHORIZATION OF CONVEYANCE.—Not- (1)(B)(ii), the Secretary— sioner of Reclamation, shall prepare a gen- withstanding sections 202 and 203, sub- (i) shall identify Management Priority eral management plan for the National sections (b) through (i) of section 206, and Areas within the Checkerboard Lands Reso- Recreation Area in accordance with section section 209 of the Federal Land Policy and lution Area, as identified on the Map, that 100502 of title 54, United States Code. Management Act of 1976 (43 U.S.C. 1712, 1713, are considered by the Secretary to be— SEC. 1555. BOUNDARY SURVEY. 1716, 1719), the Secretary, in cooperation (I) greater sage-grouse habitat; The Secretary (acting through the Direc- with the County, in accordance with this (II) part of an identified wildlife corridor tor of the National Park Service) shall pre- subtitle and any other applicable law, and or designated critical habitat; pare a boundary survey and legal description subject to valid existing rights, shall con- (III) of value for outdoor recreation or pub- of the National Recreation Area. duct sales or exchanges of the eligible land. lic access for hunting, fishing, and other rec- (b) JOINT SELECTION REQUIRED.—The Sec- reational purposes; SA 114. Ms. CORTEZ MASTO sub- retary and the County shall jointly select (IV) of significant cultural, historic, eco- mitted an amendment intended to be which parcels of eligible land to offer for sale logical, or scenic value; or proposed by her to the bill S. 47, to pro- or exchange under subsection (a). (V) of value for improving Federal land vide for the management of the natural (c) COMPLIANCE WITH LOCAL PLANNING AND management; and resources of the United States, and for ZONING LAWS.—Before carrying out a sale or (ii) as appropriate, may identify additional other purposes; which was ordered to exchange under subsection (a), the County management priority areas in the County lie on the table; as follows: shall submit to the Secretary a certification any time after the identification under that qualified bidders have agreed to comply clause (i) is completed. At the end of title I, add the following: with— (B) LIMITATION.—Management of Federal Subtitle F—Pershing County, Nevada, (1) local zoning ordinances; and land within any Management Priority Area Economic Development and Conservation (2) any master plan for the area approved identified under subparagraph (A) shall not SEC. 1501. DEFINITIONS. by the County. be changed based solely on that identifica- In this subtitle: (d) METHOD OF SALE OR EXCHANGE.— tion.

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(e) WITHDRAWAL.— (A) the reimbursement of costs incurred by (ii) that has paid (or whose agent has paid) (1) IN GENERAL.—Subject to valid existing the Department of the Interior in preparing the annual claim maintenance fee or filed a rights and mining claims for which the for the sale or exchange of the eligible land, maintenance fee waiver on or before Sep- claims maintenance fees have been paid in including— tember 1, 2016, with the authority or consent the applicable assessment year, effective on (i) the costs of surveys and appraisals; and of the owner, for the upcoming assessment the date on which a parcel of eligible land is (ii) the costs of compliance with the Na- year for the mining claims, millsites, or tun- selected for sale or exchange under sub- tional Environmental Policy Act of 1969 (42 nel sites within the exterior boundary of the section (b), that parcel is withdrawn from— U.S.C. 4321 et seq.) and sections 202 and 203 of portion of covered land, as determined based (A) all forms of entry and appropriation the Federal Land Policy and Management on the claim maintenance fee records of the under the public land laws, including the Act of 1976 (43 U.S.C. 1712, 1713); Bureau of Land Management as of the date mining laws; (B) the conduct of wildlife habitat con- of introduction of this Act; and (B) location, entry, and patent under the servation and restoration projects, including (iii) that has the authority or consent of mining laws; and projects that benefit the greater sage-grouse the owner to acquire the portion of covered (C) operation of the mineral leasing and in the County; land; or geothermal leasing laws. (C) a project or activity carried out in the (C) a subsequent successor to the interest (2) TERMINATION.—The withdrawal of a par- County to address drought conditions; of a qualified entity in the covered land that cel of eligible land under paragraph (1) shall (D) the implementation of wildfire has the authority or consent of the owner to terminate— presuppression and restoration projects in acquire the portion of covered land. (A) on the date of sale or, in the case of ex- the County; (b) LAND CONVEYANCES.— change, the conveyance of title of the parcel (E) the acquisition of environmentally sen- (1) IN GENERAL.—Subject to paragraph (3), of eligible land under this part; or sitive land or interests in environmentally notwithstanding the inventory and land use (B) with respect to any parcel of eligible sensitive land in the County; planning requirements of sections 201 and 202 land selected for sale or exchange under sub- (F) projects that secure public access to or the sales provisions of section 203 of the section (b) that is not sold or exchanged, not Federal land for hunting, fishing, and other Federal Land Policy and Management Act of later than 2 years after the date on which recreational purposes through easements or 1976 (43 U.S.C. 1711, 1712, 1713), not later than the parcel was offered for sale or exchange rights-of-way in the County; and 180 days after the date of enactment of this under this part. (G) the conduct of any surveys related to Act and subject to valid existing rights held (f) PARAMETERS FOR SALE OR EXCHANGE.— the designation of the wilderness areas under by third parties and any mining claims, mill- (1) SALES.— part III. site, or tunnel site of a qualified entity ap- (A) DEADLINE.—Except as provided in para- (b) INVESTMENT OF SPECIAL ACCOUNT.—Any graph (3), not later than 1 year after the date amounts deposited in the special account es- plicable to the covered land, the Secretary of enactment of this Act, and not less fre- tablished under subsection (a)(3)— shall offer for sale to qualified entities, for quently than once per year thereafter until (1) shall earn interest in an amount deter- fair market value, the remaining right, title, the date on which the limitation in subpara- mined by the Secretary of the Treasury, and interest of the United States in and to graph (B) has been reached or the date on based on the current average market yield the covered land. which the County requests a postponement on outstanding marketable obligations of (2) CONVEYANCE.—Not later than 1 year under paragraph (3), the Secretary shall offer the United States of comparable maturities; after the date of the acceptance of an offer for sale the parcels of eligible land jointly and under paragraph (1) by a qualified entity and selected under subsection (b). (2) may be expended by the Secretary in completion of a sale for all or part of the (B) LIMITATION.—The total acreage of eligi- accordance with this section. covered land to a qualified entity, the Sec- ble land sold under this part shall consist of (c) REPORTS.— retary, by delivery of an appropriate deed, not more than 150,000 acres of eligible land. (1) IN GENERAL.—Beginning with fiscal year patent, or other valid instrument of convey- (2) DEADLINE FOR EXCHANGES.—Except as 2020, and once every 5 fiscal years thereafter, ance, shall convey to the qualified entity, all provided in paragraph (3), not later than 1 not later than 60 days after the last day of remaining right, title, and interest of the year after the date on which the Manage- the preceding fiscal year, the Secretary shall United States in and to the applicable por- ment Priority Areas are identified under submit to the State, the County, and the ap- tion of the covered land. subsection (d)(4)(A), and not less frequently propriate committees of Congress a report on (3) MERGER.—Subject to valid existing than once per year thereafter until the date the operation of the special account estab- rights held by third parties, on delivery of on which all of the parcels of eligible land lished under subsection (a)(3) for the pre- the instrument of conveyance to the quali- have been disposed of or the date on which ceding 5 fiscal years. fied entity under paragraph (2), any prior in- the County requests a postponement under (2) CONTENTS.—Each report submitted terests in the locatable minerals and the paragraph (3), the Secretary shall offer for under paragraph (1) shall include, for the fis- right to use the surface for mineral purposes exchange the parcels of eligible land jointly cal year covered by the report— held by the qualified entity under a mining selected under subsection (b). (A) a statement of the amounts deposited claim, millsite, tunnel site, or any other (3) POSTPONEMENT; EXCLUSION FOR SALE OR into the special account; Federal land use authorization applicable to EXCHANGE.— (B) a description of the expenditures made the covered land conveyed to the qualified (A) REQUEST BY COUNTY FOR POSTPONEMENT from the special account for the fiscal year, entity shall merge with all right, title, and OR EXCLUSION.—At the request of the County, including the purpose of the expenditures; interest conveyed to the qualified entity by the Secretary shall postpone or exclude from (C) recommendations for additional au- the United States under this section to en- a sale or exchange all or a portion of the eli- thorities to fulfill the purpose of the special sure that the qualified entity receives fee gible land jointly selected under subsection account; and simple title to the purchased covered land. (b). (D) a statement of the balance remaining (4) APPRAISAL TO DETERMINE FAIR MARKET (B) INDEFINITE POSTPONEMENT.—Unless spe- in the special account at the end of the fiscal VALUE.—The Secretary shall determine the cifically requested by the County, a post- year. fair market value of the covered land to be ponement under subparagraph (A) shall not PART II—LAND CONVEYANCES AND conveyed under this subsection in accord- be indefinite. TRANSFERS ance with— (C) POSTPONEMENT OR EXCLUSION BY THE SEC. 1521. CONVEYANCES OF COVERED LAND. (A) the Federal Land Policy and Manage- SECRETARY.—The Secretary may postpone or (a) DEFINITIONS.—In this section: ment Act of 1976 (43 U.S.C. 1701 et seq.); and exclude from a sale or exchange all or a por- (1) COVERED LAND.—The term ‘‘covered (B) the Uniform Standards of Professional tion of the eligible land jointly selected land’’ means any Federal land or interest in Appraisal Practice. under subsection (b) for emergency ecologi- Federal land in the County identified on the (5) COSTS.—As a condition of the convey- cal or safety reasons. Map as ‘‘Covered Land’’. ance of the covered land under this section, SEC. 1514. DISPOSITION OF PROCEEDS. (2) MAP.—The term ‘‘Map’’ means the map the qualified entity shall pay all costs re- (a) DISPOSITION OF PROCEEDS.—Of the pro- entitled ‘‘Pershing County Land Convey- lated to the conveyance of the covered land ceeds from the sale of land under section 1513 ances and Transfers’’ and dated February 9, conveyed, including the costs of surveys and or 1521— 2017. other administrative costs associated with (1) 5 percent shall be disbursed to the State (3) QUALIFIED ENTITY.—The term ‘‘qualified the conveyance. for use in the general education program of entity’’ means, with respect to a portion of (6) AVAILABILITY OF MAP.—The Map shall the State; covered land— be on file and available for public inspection (2) 10 percent shall be disbursed to the (A) the owner of the mining claims, mill- in the appropriate offices of the Bureau of County for use as determined through nor- sites, or tunnel sites on a portion of the cov- Land Management. mal County budgeting procedures; and ered land on the date of enactment of this (7) MINOR CORRECTIONS.—The Secretary, in (3) the remainder shall be deposited in a Act; consultation with the County, may correct special account in the Treasury of the (B) the lessee, or other successor in inter- minor errors in the Map or a description of United States, to be known as the ‘‘Pershing est of the owner— the covered land. County Special Account’’, which shall be (i) with the right of possession of the min- (c) DISPOSITION OF PROCEEDS.—Any available to the Secretary, in consultation ing claims, millsites, or tunnel sites on the amounts collected under this section shall be with the County, for— covered land; disposed of in accordance with section 1514.

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(d) TERMINATION.—The authority of the the same force and effect as if included in and conditions as the Secretary may pre- Secretary to sell covered land under this sec- this subtitle, except that the Secretary may scribe, the Secretary may authorize the in- tion shall terminate on the date that is 10 correct clerical and typographical errors in stallation and maintenance of hydrologic, years after the date of enactment of this the map or legal description. meteorologic, or climatological data collec- Act. (3) AVAILABILITY.—Each map and legal de- tion devices in the wilderness areas if the SEC. 1522. CONVEYANCE OF LAND FOR USE AS A scription prepared under paragraph (1) shall Secretary determines that the facilities and PUBLIC CEMETERY. be on file and available for public inspection access to the facilities are essential to flood (a) IN GENERAL.—The Secretary shall con- in the appropriate offices of the Bureau of warning, flood control, or water reservoir op- vey to the County, without consideration, Land Management. eration activities. the Federal land described in subsection (b). (4) WITHDRAWAL.—Subject to valid existing (h) WATER RIGHTS.— (b) DESCRIPTION OF FEDERAL LAND.—The rights, the wilderness areas designated by (1) FINDINGS.—Congress finds that— Federal land referred to in subsection (a) is subsection (a) are withdrawn from— (A) the wilderness areas are located— the approximately 10 acres of land depicted (A) all forms of entry, appropriation, and (i) in the semiarid region of the Great as ‘‘Unionville Cemetery’’ on the Map. disposal under the public land laws; Basin; and (c) USE OF CONVEYED LAND.—The Federal (B) location, entry, and patent under the (ii) at the headwaters of the streams and land conveyed under subsection (a) shall be mining laws; and rivers on land with respect to which there used by the County as a public cemetery. (C) disposition under all laws relating to are few, if any— PART III—WILDERNESS AREAS mineral and geothermal leasing or mineral (I) actual or proposed water resource facili- SEC. 1531. ADDITIONS TO THE NATIONAL WIL- materials. ties located upstream; and DERNESS PRESERVATION SYSTEM. (II) opportunities for diversion, storage, or SEC. 1532. ADMINISTRATION. (a) ADDITIONS.—In accordance with the other uses of water occurring outside the Wilderness Act (16 U.S.C. 1131 et seq.), the (a) MANAGEMENT.—Subject to valid exist- land that would adversely affect the wilder- following parcels of Federal land in the ing rights, the wilderness areas shall be ad- ness values of the land; State are designated as wilderness and as ministered by the Secretary in accordance (B) the wilderness areas are generally not components of the National Wilderness Pres- with the Wilderness Act (16 U.S.C. 1131 et suitable for use or development of new water ervation System: seq.), except that— resource facilities; and (1) CAIN MOUNTAIN WILDERNESS.—Certain (1) any reference in that Act to the effec- (C) because of the unique nature of the wil- Federal land managed by the Bureau of Land tive date shall be considered to be a ref- derness areas, it is possible to provide for Management, comprising approximately erence to the date of enactment of this Act; proper management and protection of the 12,339 acres, as generally depicted on the map and wilderness and other values of land in ways entitled ‘‘Proposed Cain Mountain Wilder- (2) any reference in that Act to the Sec- different from those used in other laws. ness’’ and dated February 9, 2017, which shall retary of Agriculture shall be considered to (2) PURPOSE.—The purpose of this section be known as the ‘‘Cain Mountain Wilder- be a reference to the Secretary. is to protect the wilderness values of the wil- ness’’. (b) LIVESTOCK.—The grazing of livestock in derness areas by means other than a feder- (2) BLUEWING WILDERNESS.—Certain Fed- the wilderness areas, if established before ally reserved water right. eral land managed by the Bureau of Land the date of enactment of this Act, shall be (3) STATUTORY CONSTRUCTION.—Nothing in Management, comprising approximately allowed to continue, subject to such reason- this subtitle— 24,900 acres, as generally depicted on the map able regulations, policies, and practices as (A) constitutes an express or implied res- entitled ‘‘Proposed Bluewing Wilderness’’ the Secretary considers to be necessary in ervation by the United States of any water and dated February 9, 2017, which shall be accordance with— or water rights with respect to the wilder- known as the ‘‘Bluewing Wilderness’’. (1) section 4(d)(4) of the Wilderness Act (16 ness areas; (3) SELENITE PEAK WILDERNESS.—Certain U.S.C. 1133(d)(4)); and (B) affects any water rights in the State Federal land managed by the Bureau of Land (2) the guidelines set forth in Appendix A (including any water rights held by the Management, comprising approximately of the report of the Committee on Interior United States) in existence on the date of en- 22,822 acres, as generally depicted on the map and Insular Affairs of the House of Rep- actment of this Act; entitled ‘‘Proposed Selenite Peak Wilder- resentatives accompanying H.R. 2570 of the (C) establishes a precedent with regard to ness’’ and dated February 9, 2017, which shall 101st Congress (House Report 101–405). any future wilderness designations; be known as the ‘‘Selenite Peak Wilderness’’. (c) INCORPORATION OF ACQUIRED LAND AND (D) affects the interpretation of, or any (4) MOUNT LIMBO WILDERNESS.—Certain INTERESTS.—Any land or interest in land designation made under, any other Act; or Federal land managed by the Bureau of Land within the boundary of a wilderness area (E) limits, alters, modifies, or amends any Management, comprising approximately that is acquired by the United States after interstate compact or equitable apportion- 11,855 acres, as generally depicted on the map the date of enactment of this Act shall be ment decree that apportions water among entitled ‘‘Proposed Mt. Limbo Wilderness’’ added to and administered as part of the wil- and between the State and other States. and dated February 9, 2017, which shall be derness area. (4) NEVADA WATER LAW.—The Secretary known as the ‘‘Mount Limbo Wilderness’’. (d) ADJACENT MANAGEMENT.— shall follow the procedural and substantive (5) NORTH SAHWAVE WILDERNESS.—Certain (1) IN GENERAL.—Congress does not intend requirements of State law in order to obtain Federal land managed by the Bureau of Land for the designation of the wilderness areas to and hold any water rights not in existence on Management, comprising approximately create protective perimeters or buffer zones the date of enactment of this Act with re- 13,875 acres, as generally depicted on the map around the wilderness areas. spect to the wilderness areas. entitled ‘‘Proposed North Sahwave Wilder- (2) NONWILDERNESS ACTIVITIES.—The fact (5) NEW PROJECTS.— ness’’ and dated February 9, 2017, which shall that nonwilderness activities or uses can be (A) DEFINITION OF WATER RESOURCE FACIL- be known as the ‘‘North Sahwave Wilder- seen or heard from areas within a wilderness ITY.— ness’’. area shall not preclude the conduct of those (i) IN GENERAL.—In this paragraph, the (6) GRANDFATHERS’ WILDERNESS.—Certain activities or uses outside the boundary of the term ‘‘water resource facility’’ means irriga- Federal land managed by the Bureau of Land wilderness area. tion and pumping facilities, reservoirs, water Management, comprising approximately (e) MILITARY OVERFLIGHTS.—Nothing in conservation works, aqueducts, canals, 35,339 acres, as generally depicted on the map this subtitle restricts or precludes— ditches, pipelines, wells, hydropower entitled ‘‘Proposed Grandfathers’ Wilder- (1) low-level overflights of military air- projects, transmission and other ancillary ness’’ and dated February 9, 2017, which shall craft over the wilderness areas, including facilities, and other water diversion, storage, be known as the ‘‘Grandfathers’ Wilderness’’. military overflights that can be seen or and carriage structures. (7) FENCEMAKER WILDERNESS.—Certain Fed- heard within the wilderness areas; (ii) EXCLUSION.—In this paragraph, the eral land managed by the Bureau of Land (2) flight testing and evaluation; or term ‘‘water resource facility’’ does not in- Management, comprising approximately (3) the designation or creation of new units clude wildlife guzzlers. 14,942 acres, as generally depicted on the map of special use airspace, or the establishment (B) RESTRICTION ON NEW WATER RESOURCE entitled ‘‘Proposed Fencemaker Wilderness’’ of military flight training routes, over the FACILITIES.—Except as otherwise provided in and dated February 9, 2017, which shall be wilderness areas. this subtitle, on and after the date of enact- known as the ‘‘Fencemaker Wilderness’’. (f) WILDFIRE, INSECT, AND DISEASE MANAGE- ment of this Act, neither the President nor (b) BOUNDARY.—The boundary of any por- MENT.—In accordance with section 4(d)(1) of any other officer, employee, or agent of the tion of a wilderness area that is bordered by the Wilderness Act (16 U.S.C. 1133(d)(1)), the United States shall fund, assist, authorize, a road shall be 100 feet from the centerline of Secretary may take such measures in the or issue a license or permit for the develop- the road. wilderness areas as are necessary for the ment of any new water resource facility (c) MAP AND LEGAL DESCRIPTION.— control of fire, insects, and diseases (includ- within the wilderness areas. (1) IN GENERAL.—As soon as practicable ing, as the Secretary determines to be appro- (i) TEMPORARY TELECOMMUNICATIONS DE- after the date of enactment of this Act, the priate, the coordination of the activities VICE.— Secretary shall file a map and legal descrip- with a State or local agency). (1) IN GENERAL.—Nothing in this subtitle tion of each wilderness area. (g) CLIMATOLOGICAL DATA COLLECTION.—In prevents the placement of a temporary tele- (2) EFFECT.—Each map and legal descrip- accordance with the Wilderness Act (16 communications device for law enforcement tion prepared under paragraph (1) shall have U.S.C. 1131 et seq.) and subject to such terms or agency administrative purposes in the

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Selenite Peak Wilderness in accordance with (2) CONSULTATION.—Except in emergencies, (II) by adding at the end the following: paragraph (2). the Secretary shall consult with the appro- ‘‘(iii) development and implementation of (2) ADDITIONAL REQUIREMENTS.—Any tem- priate State agency and notify the public be- comprehensive, cost-effective, and multi- porary telecommunications device author- fore taking any action under paragraph (1). jurisdictional hazardous fuels reduction ized by the Secretary under paragraph (1) (f) COOPERATIVE AGREEMENT.— projects and wildfire prevention planning ac- shall— (1) IN GENERAL.—The State, including a tivities (particularly for pinyon-juniper (A) be carried out in accordance with— designee of the State, may conduct wildlife dominated landscapes) and other rangeland (i) the Wilderness Act (16 U.S.C. 1131 et management activities in the wilderness and woodland restoration projects within the seq.); and areas— County, consistent with the Ely Resource (ii) all other applicable laws (including reg- (A) in accordance with the terms and con- Management Plan or any subsequent revi- ulations); ditions specified in the cooperative agree- sions or amendments to that plan; and’’; and (B) to the maximum practicable, be lo- ment between the Secretary and the State (B) by adding at the end the following: cated in such a manner as to minimize im- entitled ‘‘Memorandum of Understanding be- ‘‘(3) COOPERATIVE AGREEMENTS.—The Direc- pacts on the recreational and other wilder- tween the Bureau of Land Management and tor of the Bureau of Land Management shall ness values of the area; and the Nevada Department of Wildlife Supple- enter into cooperative agreements with the (C) be for a period of not longer than 7 ment No. 9’’ and signed November and De- County for County-provided law enforcement years. cember 2003, including any amendments to and planning related activities approved by SEC. 1533. WILDLIFE MANAGEMENT. the cooperative agreement agreed to by the the Secretary regarding— ‘‘(A) wilderness in the County designated (a) IN GENERAL.—In accordance with sec- Secretary and the State; and by the Lincoln County Conservation, Recre- tion 4(d)(7) of the Wilderness Act (16 U.S.C. (B) subject to all applicable laws (including ation, and Development Act of 2004 (Public 1133(d)(7)), nothing in this subtitle affects or regulations). Law 108–424; 118 Stat. 2403); diminishes the jurisdiction of the State with (2) REFERENCES; CLARK COUNTY.—For the ‘‘(B) cultural resources identified, pro- respect to fish and wildlife management, in- purposes of this subsection, any references to tected, and managed pursuant to that Act; cluding the regulation of hunting, fishing, Clark County in the cooperative agreement ‘‘(C) planning, management, and law en- and trapping, in the wilderness areas. described in paragraph (1)(A) shall be consid- ered to be a reference to the wilderness forcement associated with the Silver State (b) MANAGEMENT ACTIVITIES.—In further- OHV Trail designated by that Act; and ance of the purposes and principles of the areas. SEC. 1534. RELEASE OF WILDERNESS STUDY ‘‘(D) planning associated with land disposal Wilderness Act (16 U.S.C. 1131 et seq.), the and related land use authorizations required Secretary may conduct any management ac- AREAS. (a) FINDING.—Congress finds that, for the for utility corridors and rights-of-way to tivities in the wilderness areas that are nec- serve land that has been, or is to be, disposed essary to maintain or restore fish and wild- purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 of pursuant to that Act (other than rights-of- life populations and the habitats to support way granted pursuant to that Act) and this the populations, if the activities are carried U.S.C. 1782(c)), the approximately 48,600 acres of public land in the portions of the Act.’’. out— (2) AVAILABILITY OF SPECIAL ACCOUNT (1) consistent with relevant wilderness China Mountain, Mt. Limbo, Selenite Moun- tains, and Tobin Range wilderness study UNDER LINCOLN COUNTY CONSERVATION, RECRE- management plans; and ATION, AND DEVELOPMENT ACT OF 2004.—Sec- (2) in accordance with— areas that have not been designated as wil- derness by section 1531(a) and the portion of tion 103 of the Lincoln County Conservation, (A) the Wilderness Act (16 U.S.C. 1131 et Recreation, and Development Act of 2004 seq.); and the Augusta Mountains wilderness study area within the County that has not been (Public Law 108–424; 118 Stat. 2405) is amend- (B) appropriate policies, such as those set ed— forth in Appendix B of the report of the Com- designated as wilderness by section 1531(a) have been adequately studied for wilderness (A) in subsection (b)(3)— mittee on Interior and Insular Affairs of the (i) in subparagraph (E), by striking ‘‘; and’’ House of Representatives accompanying H.R. designation. (b) RELEASE.—The public land described in at the end and inserting a semicolon; 2570 of the 101st Congress (House Report 101– subsection (a)— (ii) in subparagraph (F), by striking the pe- 405), including noxious weed treatment and (1) is no longer subject to section 603(c) of riod at the end and inserting ‘‘; and’’; and the occasional and temporary use of motor- the Federal Land Policy and Management (iii) by adding at the end the following: ized vehicles if the use, as determined by the Act of 1976 (43 U.S.C. 1782(c)); and ‘‘(G) development and implementation of Secretary, would promote healthy, viable, (2) shall be managed in accordance with comprehensive, cost-effective, and multi- and more naturally distributed wildlife pop- the applicable land use plans adopted under jurisdictional hazardous fuels reduction and ulations that would enhance wilderness val- section 202 of the Federal Land Policy and wildfire prevention planning activities (par- ues with the minimal impact necessary to Management Act of 1976 (43 U.S.C. 1712). ticularly for pinyon-juniper dominated land- reasonably accomplish those tasks. SEC. 1535. NATIVE AMERICAN CULTURAL AND RE- scapes) and other rangeland and woodland (c) EXISTING ACTIVITIES.—Consistent with LIGIOUS USES. restoration projects within the County, con- section 4(d)(1) of the Wilderness Act (16 (a) IN GENERAL.—Nothing in this part al- sistent with the Ely Resource Management U.S.C. 1133(d)(1)) and in accordance with ap- ters or diminishes the treaty rights of any Plan or any subsequent revisions or amend- propriate policies such as those set forth in Indian tribe (as defined in section 4 of the In- ments to that plan.’’; and Appendix B of the Committee on Interior and dian Self-Determination and Education As- (B) by adding at the end the following: Insular Affairs of the House of Representa- sistance Act (25 U.S.C. 5304)). ‘‘(d) COOPERATIVE AGREEMENTS.—The Di- tives accompanying H.R. 2570 of the 101st (b) CULTURAL USES.—Nothing in this part rector of the Bureau of Land Management Congress (House Report 101–405), the State precludes the traditional collection of pine shall enter into cooperative agreements with may continue to use aircraft, including heli- nuts in a wilderness area for personal, non- the County for County-provided law enforce- copters, to survey, capture, transplant, mon- commercial use consistent with the Wilder- ment and planning related activities ap- itor, and provide water for wildlife popu- ness Act (16 U.S.C. 1131 et seq.). proved by the Secretary regarding— lations, specifically sage-grouse, in the wil- ‘‘(1) wilderness in the County designated derness areas. SA 115. Ms. CORTEZ MASTO sub- by this Act; (d) WILDLIFE WATER DEVELOPMENT mitted an amendment intended to be ‘‘(2) cultural resources identified, pro- PROJECTS.—Subject to subsection (f), the proposed by her to the bill S. 47, to pro- tected, and managed pursuant to this Act; Secretary shall authorize structures and fa- ‘‘(3) planning, management, and law en- cilities, including existing structures and fa- vide for the management of the natural forcement associated with the Silver State cilities, for wildlife water development resources of the United States, and for OHV Trail designated by this Act; and projects, including guzzlers, in the wilder- other purposes; which was ordered to ‘‘(4) planning associated with land disposal ness areas if— lie on the table; as follows: and related land use authorizations required (1) the structures and facilities will, as de- At the end of section 1116, add the fol- for utility corridors and rights-of-way to termined by the Secretary, enhance wilder- lowing: serve land that has been, or is to be, disposed ness values by promoting healthy, viable and (g) FACILITATION OF PINYON-JUNIPER RE- of pursuant to this Act (other than rights-of- more naturally distributed wildlife popu- LATED PROJECTS.— way granted pursuant to this Act) and the lations; and (1) AVAILABILITY OF SPECIAL ACCOUNT Lincoln County Land Act of 2000 (Public Law (2) the visual impacts of the structures and UNDER LINCOLN COUNTY LAND ACT OF 2000.— 106–298; 114 Stat. 1046).’’. facilities on the wilderness areas can reason- Section 5(b) of the Lincoln County Land Act (3) DISPOSITION OF PROCEEDS.— ably be minimized. of 2000 (Public Law 106–298; 114 Stat. 1048) is (A) DISPOSITION OF PROCEEDS UNDER LIN- (e) HUNTING, FISHING, AND TRAPPING.— amended— COLN COUNTY LAND ACT OF 2000.—Section (1) IN GENERAL.—The Secretary may des- (A) in paragraph (1)— 5(a)(2) of the Lincoln County Land Act of ignate areas in which, and establish periods (i) in subparagraph (B), by inserting ‘‘and 2000 (Public Law 106–298; 114 Stat. 1047) is during which, for reasons of public safety, implementation’’ after ‘‘development’’; and amended by inserting ‘‘and economic devel- administration, or compliance with applica- (ii) in subparagraph (C)— opment’’ after ‘‘schools’’. ble laws, no hunting, fishing, or trapping will (I) in clause (i), by striking ‘‘; and’’ at the (B) DISPOSITION OF PROCEEDS UNDER LIN- be permitted in the wilderness areas. end and inserting a semicolon; and COLN COUNTY CONSERVATION, RECREATION, AND

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DEVELOPMENT ACT OF 2004.—Section 103(b)(2) Act for inclusion in the Ruby Mountains 30, 2018’’ and inserting ‘‘September 30, 2043’’; of the Lincoln County Conservation, Recre- Ranger District. and ation, and Development Act of 2004 (Public (2) in subsection (c)(1), by striking ‘‘Sep- Law 108–424; 118 Stat. 2405) is amended by SA 117. Mrs. SHAHEEN submitted an tember 30, 2018’’ and inserting ‘‘September striking ‘‘and transportation’’ and inserting amendment intended to be proposed by 30, 2043’’. ‘‘transportation, and economic develop- her to the bill S. 47, to provide for the (b) ALLOCATION OF FUNDS.—Section 200304 ment’’. management of the natural resources of title 54, United States Code, is amended— (h) IMPLEMENTATION OF WHITE PINE COUNTY of the United States, and for other pur- (1) by striking ‘‘There’’ and inserting the CONSERVATION, RECREATION, AND DEVELOP- poses; which was ordered to lie on the following: MENT ACT.— ‘‘(a) IN GENERAL.—There’’; and (1) DISPOSITION OF PROCEEDS.—Section 312 table; as follows: (2) by striking the second sentence and in- of the White Pine County Conservation, At the appropriate place, insert the fol- serting the following: Recreation, and Development Act of 2006 lowing: ‘‘(b) ALLOCATION.— (Public Law 109–432; 120 Stat. 3030) is amend- SEC. ll. REPEAL OF PERCENTAGE DEPLETION ‘‘(1) IN GENERAL.—Of the appropriations ed— ALLOWANCE FOR CERTAIN from the Fund— (A) in paragraph (2), by striking ‘‘and plan- HARDROCK MINES. ‘‘(A) not less than 60 percent shall be used ning’’ and inserting ‘‘municipal water and (a) IN GENERAL.—Section 613(a) of the In- collectively to provide financial assistance sewer infrastructure, public electric trans- ternal Revenue Code of 1986 is amended by to States under section 200305; mission facilities, public broadband infra- inserting ‘‘(other than hardrock mines lo- ‘‘(B) not less than 30 percent shall be used structure, and planning’’; and cated on lands subject to the general mining collectively for Federal purposes under sec- (B) in paragraph (3)— laws or on land patented under the general tion 200306; and (i) in subparagraph (G), by striking ‘‘; and’’ mining laws)’’ after ‘‘In the case of the ‘‘(C) not less than 10 percent shall be used and inserting a semicolon; mines’’. collectively— (ii) in subparagraph (H), by striking the pe- (b) GENERAL MINING LAWS DEFINED.—Sec- ‘‘(i) for the Forest Legacy Program estab- riod at the end and inserting ‘‘; and’’; and tion 613 of the Internal Revenue Code of 1986 lished under section 7 of the Cooperative (iii) by adding at the end the following: is amended by adding at the end the fol- Forestry Assistance Act of 1978 (16 U.S.C. ‘‘(I) processing by a government entity of lowing: 2103c); ENERAL MINING LAWS.—For purposes public land use authorizations and rights-of- ‘‘(f) G ‘‘(ii) for cooperative endangered species of subsection (a), the term ‘general mining way relating to the development of land con- grants authorized under section 6 of the En- laws’ means those Acts which generally com- veyed to the County under this Act, with an dangered Species Act of 1973 (16 U.S.C. 1535); prise chapters 2, 11, 12, 12A, 15, and 16, and emphasis on authorizations and rights-of- and sections 161 and 162, of title 30, United States way relating to any infrastructure needed ‘‘(iii) for the American Battlefield Protec- Code.’’. for the expansion of the White Pine County tion Program established under chapter 3081. (c) EFFECTIVE DATE.—The amendments Industrial Park under section 352(c)(2).’’. ‘‘(2) REQUIREMENT.—Of the appropriations made by this section shall apply to taxable (2) CONVEYANCE TO WHITE PINE COUNTY, NE- from the Fund, not less than 1.5 percent or years beginning after December 31, 2019. VADA.—Section 352 of the White Pine County $10,000,000, whichever is greater, shall be Conservation, Recreation, and Development SA 118. Mrs. SHAHEEN (for herself used for projects that secure recreational Act of 2006 (Public Law 109–432; 120 Stat. 3039) public access to Federal public land for hunt- and Ms. COLLINS) submitted an amend- is amended— ing, fishing, or other recreational purposes.’’. (A) in subsection (a), by striking ‘‘the Sec- ment intended to be proposed by her to retary’’ and inserting ‘‘not later than De- the bill S. 47, to provide for the man- SA 120. Mr. BARRASSO submitted an cember 31, 2020, the Secretary’’; agement of the natural resources of the amendment intended to be proposed by (B) in subsection (c)(3)(B)(i), by striking United States, and for other purposes; him to the bill S. 47, to provide for the ‘‘through a competitive bidding process’’ and which was ordered to lie on the table; management of the natural resources inserting ‘‘consistent with section 244 of the as follows: Nevada Revised Statutes (as in effect on the of the United States, and for other pur- At the end of subtitle E of title II, add the date of enactment of the Natural Resources poses; which was ordered to lie on the following: Management Act)’’; and table; as follows: (C) by adding at the end the following: SEC. 24lll. NATIONAL RECREATIONAL PASSES FOR DISABLED VETERANS. At the end of section 3001, add the fol- ‘‘(e) DEADLINE.—If the Secretary has not lowing: conveyed to the County the parcels of land Section 805(b) of the Federal Lands Recre- ation Enhancement Act (16 U.S.C. 6804(b)) is (f) ALLOWABLE PURPOSES.—Section described in subsection (b) by December 31, 200306(a) of title 54, United States Code, is 2020, the Secretary shall immediately convey amended by striking paragraph (2) and in- serting the following: amended— to the County, without consideration, all (1) by resdesignating paragraphs (3) and (4) ‘‘(2) DISABILITY DISCOUNT.—The Secretary right, title, and interest of the United States as paragraphs (4) and (5), respectively; and in and to the parcels of land.’’. shall make the National Parks and Federal Recreational Lands Pass available, without (2) by inserting after paragraph (2) the fol- charge and for the lifetime of the passholder, lowing: SA 116. Ms. CORTEZ MASTO sub- ‘‘(3) CONSERVATION ACTIVITIES.—Amounts mitted an amendment intended to be to the following: ‘‘(A) Any United States citizen or person shall be allotted for conservation activities, proposed by her to the bill S. 47, to pro- domiciled in the United States who has been including invasive species control, preven- vide for the management of the natural medically determined to be permanently dis- tion, and mitigation efforts, to improve the resources of the United States, and for abled for purposes of section 7(20)(A)(i) of the ecological health of Federal land and water other purposes; which was ordered to Rehabilitation Act of 1973 (29 U.S.C. resources.’’. lie on the table; as follows: 705(20)(A)(i)), if the citizen or person provides adequate proof of the disability and such SA 121. Mr. BARRASSO submitted an At the end of subtitle B of title I, add the amendment intended to be proposed by following: citizenship or residency. him to the bill S. 47, to provide for the SEC. 11llll. PROHIBITION OF OIL AND GAS ‘‘(B) Any veteran who has been found to LEASING, RUBY MOUNTAINS RANG- have a compensable or noncompensable serv- management of the natural resources ER DISTRICT. ice-connected disability under title 38, of the United States, and for other pur- (a) DEFINITION OF DISTRICT LAND.—In this United States Code.’’. poses; which was ordered to lie on the section, the term ‘‘District land’’ means the table; as follows: approximately 450,000 acres of National For- SA 119. Mr. BARRASSO submitted an In section 3001, strike subsection (a) and est System land comprising the Ruby Moun- amendment intended to be proposed by insert the following: tains Ranger District of the Humboldt- him to the bill S. 47, to provide for the (a) IN GENERAL.—Section 200302 of title 54, Toiyabe National Forest, Elko and White management of the natural resources United States Code, is amended— Pine Counties, Nevada, as in existence on the of the United States, and for other pur- (1) in subsection (b), in the matter pre- date of enactment of this Act. poses; which was ordered to lie on the ceding paragraph (1), by striking ‘‘September (b) PROHIBITION.—Subject to valid existing rights in existence on the date of enactment table; as follows: 30, 2018’’ and inserting ‘‘September 30, 2043’’; of this Act, the Secretary shall not issue Strike section 3001 and insert the fol- and under any law, including the Mineral Leas- lowing: (2) in subsection (c)(1), by striking ‘‘Sep- ing Act (30 U.S.C. 181 et seq.), an oil or gas SEC. 3001. LAND AND WATER CONSERVATION tember 30, 2018’’ and inserting ‘‘September lease on the District land. FUND. 30, 2043’’. (c) APPLICATION.—The prohibition under (a) REAUTHORIZATION.—Section 200302 of subsection (b) shall apply to any land or in- title 54, United States Code, is amended— SA 122. Mr. DAINES (for himself and terest in land that is acquired by the United (1) in subsection (b), in the matter pre- Mr. TESTER) submitted an amendment States after the date of enactment of this ceding paragraph (1), by striking ‘‘September intended to be proposed to amendment

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.051 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1009 SA 111 submitted by Ms. MURKOWSKI (II) water treatment; section (b) does not comply with the rec- (for herself and Mr. MANCHIN) and in- (III) water storage; lamation feasibility standards, the Secretary tended to be proposed to the bill S. 47, (IV) water supply wells; may enter into a cooperative agreement with to provide for the management of the (V) distribution pipelines; and the Dry-Redwater Regional Water Authority (VI) control systems; to complete additional work to ensure that natural resources of the United States, (ii) transmission pipelines; the study complies with the reclamation fea- and for other purposes; which was or- (iii) pumping stations; sibility standards. dered to lie on the table; as follows: (iv) appurtenant buildings, maintenance (d) AUTHORIZATION OF APPROPRIATIONS.— At the end of title VIII, add the following: equipment, and access roads; There is authorized to be appropriated to the Subtitle H—Clean Water for Rural (v) any interconnection facility that con- Secretary $5,000,000 to carry out this section. (e) TERMINATION.—The authority provided Communities nects a pipeline of the Musselshell-Judith Rural Water System to a pipeline of a public by this section shall expire on the date that SEC. 8701. PURPOSE. water system; is 5 years after the date of enactment of this The purpose of this subtitle is to ensure a (vi) electrical power transmission and dis- Act. safe and adequate municipal, rural, and in- tribution facilities required for the operation SEC. 8705. WATER RIGHTS. dustrial water supply for the citizens of— and maintenance of the Musselshell-Judith Nothing in this subtitle— (1) Dawson, Garfield, McCone, Prairie, Rural Water System; (1) preempts or affects any State water Richland, Judith Basin, Wheatland, Golden (vii) any other facility or service required law; or Valley, Fergus, Yellowstone, and Musselshell for the development of a rural water dis- (2) affects any authority of a State, as in Counties in the State of Montana; and tribution system, as determined by the Sec- effect on the date of enactment of this Act, (2) McKenzie County, North Dakota. retary; and to manage water resources within that SEC. 8702. DEFINITIONS. (viii) any property or property right re- State. In this subtitle: quired for the construction or operation of a SEC. 8706. AUTHORIZATION OF APPROPRIATIONS. (1) AUTHORITY.—The term ‘‘Authority’’ facility described in this subsection. (a) AUTHORIZATION.—There is authorized to means— (B) LIMITATION.—Federal funds made avail- be appropriated to carry out the planning, (A) the Central Montana Regional Water able to carry out this section shall not be design, and construction of the Musselshell- Authority, a publicly owned nonprofit water used for the operation, maintenance, or re- Judith Rural Water System, substantially in authority formed in accordance with Mont. placement of the Musselshell-Judith Rural accordance with the cost estimate set forth Code Ann. Sec. 75-6-302 (2007); and Water System. in the feasibility report described in section (B) any nonprofit successor entity to the (C) TITLE.—Title to the Musselshell-Judith 8703(a), $56,650,000. Authority described in subparagraph (A). Rural Water System shall be held by the Au- (b) COST INDEXING.—The amount author- (2) MUSSELSHELL-JUDITH RURAL WATER SYS- thority. ized to be appropriated under subsection (a) TEM.—The term ‘‘Musselshell-Judith Rural SEC. 8704. DRY-REDWATER FEASIBILITY STUDY. may be increased or decreased in accordance Water System’’ means the Musselshell-Ju- (a) DEFINITIONS.—In this section: with ordinary fluctuations in development dith Rural Water System authorized under (1) DRY-REDWATER REGIONAL WATER AU- costs incurred after November 1, 2014, as in- section 8703(a), with a project service area THORITY.—The term ‘‘Dry-Redwater Regional dicated by any available engineering cost in- that includes— Water Authority’’ means— dices applicable to construction activities (A) Judith Basin, Wheatland, Golden Val- (A) the Dry-Redwater Regional Water Au- that are similar to the construction of the ley, and Musselshell Counties in the State; thority, a publicly owned nonprofit water Musselshell-Judith Rural Water System. (B) the portion of Yellowstone County in authority formed in accordance with Mont. the State within 2 miles of State Highway 3 Code Ann. § 75–6–302 (2007); and SA 123. Mr. RUBIO submitted an and within 4 miles of the county line be- (B) any nonprofit successor entity to the amendment intended to be proposed to tween Golden Valley and Yellowstone Coun- Authority described in subparagraph (A). amendment SA 111 submitted by Ms. ties in the State, inclusive of the Town of (2) DRY-REDWATER REGIONAL WATER AU- MURKOWSKI (for herself and Mr. Broadview, Montana; and THORITY SYSTEM.—The term ‘‘Dry-Redwater (C) the portion of Fergus County in the Regional Water Authority System’’ means MANCHIN) and intended to be proposed State within 2 miles of U.S. Highway 87 and the project entitled the ‘‘Dry-Redwater Re- to the bill S. 47, to provide for the man- within 4 miles of the county line between gional Water Authority System’’, with a agement of the natural resources of the Fergus and Judith Basin Counties in the project service area that includes— United States, and for other purposes; State, inclusive of the Town of Moore, Mon- (A) Garfield and McCone Counties in the which was ordered to lie on the table; tana. State; as follows: (3) STATE.—The term ‘‘State’’ means the (B) the area west of the Yellowstone River On page 601, between lines 11 and 12, insert State of Montana. in Dawson and Richland Counties in the the following: State; SEC. 8703. MUSSELSHELL-JUDITH RURAL WATER (JJ) The map entitled ‘‘Cape San Blas Unit SYSTEM. (C) T. 15 N. (including the area north of the P30/P30P (1 of 2)’’ and dated December 19, (a) AUTHORIZATION.—The Secretary may Township) in Prairie County in the State; 2018, with respect to Unit P30 and Unit P30P. carry out the planning, design, and construc- and (KK) The map entitled ‘‘Cape San Blas tion of the Musselshell-Judith Rural Water (D) the portion of McKenzie County, North Unit P30/P30P (2 of 2)’’ and dated December System in a manner that is substantially in Dakota, that includes all land that is located 19, 2018, with respect to Unit P30 and Unit accordance with the feasibility report enti- west of the Yellowstone River in the State of P30P. tled ‘‘Musselshell-Judith Rural Water Sys- North Dakota. tem Feasibility Report’’ (including any and (3) RECLAMATION FEASIBILITY STANDARDS.— SA 124. Mr. LANKFORD (for himself, all revisions of the report). The term ‘‘reclamation feasibility stand- Mr. LEE, Mr. INHOFE, Mr. CRUZ, Mr. (b) COOPERATIVE AGREEMENT.—The Sec- ards’’ means the eligibility criteria and fea- retary shall enter into a cooperative agree- sibility study requirements described in sec- RUBIO, Mrs. FISCHER, and Mr. BRAUN) ment with the Authority to provide Federal tion 106 of the Reclamation Rural Water submitted an amendment intended to assistance for the planning, design, and con- Supply Act of 2006 (43 U.S.C. 2405) (as in ef- be proposed to amendment SA 111 sub- struction of the Musselshell-Judith Rural fect on September 29, 2016). mitted by Ms. MURKOWSKI (for herself Water System. (4) SUBMITTED FEASIBILITY STUDY.—The and Mr. MANCHIN) and intended to be (c) COST-SHARING REQUIREMENT.— term ‘‘submitted feasibility study’’ means proposed to the bill S. 47, to provide for (1) FEDERAL SHARE.— the feasibility study entitled ‘‘Dry-Redwater the management of the natural re- (A) IN GENERAL.—The Federal share of the Regional Water System Feasibility Study’’ sources of the United States, and for costs relating to the planning, design, and (including revisions of the study), which re- construction of the Musselshell-Judith Rural ceived funding from the Bureau of Reclama- other purposes; which was ordered to Water System shall not exceed 65 percent of tion on September 1, 2010. lie on the table; as follows: the total cost of the Musselshell-Judith (b) STUDY.— Strike section 3001 and insert the fol- Rural Water System. (1) IN GENERAL.—The Secretary, in con- lowing: (B) LIMITATION.—Amounts made available sultation with the Dry-Redwater Regional SEC. 3001. LAND AND WATER CONSERVATION under subparagraph (A) shall not be return- Water Authority, may undertake a study, in- FUND. able or reimbursable under the reclamation cluding a review of the submitted feasibility (a) REAUTHORIZATION.—Section 200302 of laws. study, to determine the feasibility of con- title 54, United States Code, is amended— (2) USE OF FEDERAL FUNDS.— structing the Dry-Redwater Regional Water (1) in subsection (b), in the matter pre- (A) GENERAL USES.—Subject to subpara- System. ceding paragraph (1), by striking ‘‘September graph (B), the Musselshell-Judith Rural (2) REQUIREMENT.—The study under para- 30, 2018’’ and inserting ‘‘September 30, 2023’’; Water System may use Federal funds made graph (1) shall comply with the reclamation and available to carry out this section for— feasibility standards. (2) in subsection (c)(1), by striking ‘‘Sep- (i) facilities relating to— (c) COOPERATIVE AGREEMENT.—If the Sec- tember 30, 2018’’ and inserting ‘‘September (I) water pumping; retary determines that the study under sub- 30, 2023’’.

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.052 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1010 CONGRESSIONAL RECORD — SENATE February 6, 2019 (b) ALLOCATION OF FUNDS.—Section 200304 ‘‘(b) ALLOCATION.—Of the appropriations agement of the natural resources of the of title 54, United States Code, is amended— from the Fund— United States, and for other purposes; (1) by striking ‘‘There’’ and inserting ‘‘(a) ‘‘(1) not less than 50 percent shall be used which was ordered to lie on the table; In General.—There’’; and to provide financial assistance to States as follows: (2) by striking the second sentence and in- under section 200305; and serting the following: ‘‘(2) not more than 50 percent shall be used At the end of subtitle E of title II, add the ‘‘(b) ALLOCATION.—Of the appropriations collectively for Federal purposes under sec- following: from the Fund— tion 200306, of which not less than 50 percent SEC. 24llll. PRESERVATION OF NATIONALLY ‘‘(1) not less than 50 percent shall be used shall be used for deferred maintenance needs SIGNIFICANT BATTLEFIELDS. to provide financial assistance to States on Federal land under subsection (a)(2)(D) of (a) CIVIL WAR BATTLEFIELD PRESERVATION under section 200305; and that section.’’. ACT OF 2002.—Section 2 of the Civil War Bat- ‘‘(2) not more than 50 percent shall be used (2) CONFORMING AMENDMENT.—Section tlefield Preservation Act of 2002 (Public Law collectively for Federal purposes under sec- 200306(a)(2) of title 54, United States Code, is 107–359) is amended to read as follows: tion 200306, of which not less than 50 percent amended— ‘‘SEC. 2. FINDINGS AND PURPOSES. shall be used for deferred maintenance needs (A) in the paragraph heading, by striking ‘‘(a) FINDINGS.—Congress finds the fol- on Federal land under subsection (a)(2)(D) of ‘‘OR WATER’’ and inserting ‘‘OR WATER; DE- lowing: that section.’’. FERRED MAINTENANCE NEEDS’’; and ‘‘(1) Battlefields of the American Revolu- (c) CERTAIN LAND ACQUISITION REQUIRE- (B) by adding at the end the following: tion, War of 1812, and the Civil War— MENTS.—Section 200306 of title 54, United ‘‘(D) DEFERRED MAINTENANCE NEEDS.— ‘‘(A) provide a means for the people of the States Code, is amended— Amounts shall be allotted for deferred main- United States to understand our Nation’s (1) in subsection (a), in paragraph (2)— tenance needs on Federal land.’’. turbulent first century; (A) in the paragraph heading, by striking ‘‘(B) serve as living memorials to those ‘‘OR WATER’’ and inserting ‘‘OR WATER; DE- SA 126. Mr. LANKFORD (for himself, who fought and sacrificed in these conflicts FERRED MAINTENANCE NEEDS’’; and Mr. LEE, Mr. INHOFE, Mr. RUBIO, and to establish and maintain our freedom and (B) by adding at the end the following: Mr. BRAUN) submitted an amendment liberty; ‘‘(D) DEFERRED MAINTENANCE NEEDS.— intended to be proposed to amendment ‘‘(C) serve as training grounds for our Na- Amounts shall be allotted for deferred main- SA 111 submitted by Ms. MURKOWSKI tion’s Armed Forces; and tenance needs on Federal land.’’; and (for herself and Mr. MANCHIN) and in- ‘‘(D) serve as heritage tourism destina- (2) by adding at the end the following: tions, generating revenue for local econo- ‘‘(c) MAINTENANCE NEEDS.— tended to be proposed to the bill S. 47, to provide for the management of the mies. ‘‘(1) IN GENERAL.—Subject to paragraph (3), ‘‘(2) According to the Report on the Na- funds appropriated for the acquisition of natural resources of the United States, tion’s Civil War Battlefields, prepared by the land under this section shall include any and for other purposes; which was or- National Park Service and updated in 2010, of funds necessary to address maintenance dered to lie on the table; as follows: the 383 Civil War battlefields identified as needs at the time of acquisition on the ac- At the end of section 3001, add the fol- national preservation priorities— quired land. lowing: ‘‘(A) only at 31 battlefields is more than ‘‘(2) ACCEPTANCE OF DONATIONS.—A Federal (f) CERTAIN LAND ACQUISITION REQUIRE- half of the surviving landscape permanently agency may accept, hold, administer, and MENTS.—Section 200306 of title 54, United protected; use donations to address maintenance needs States Code (as amended by subsection (e)), ‘‘(B) at 227 battlefields, less than half of on land acquired under this section. is amended by adding at the end the fol- the surviving landscape is permanently pro- ‘‘(3) LIMITATION.—If a Federal agency ac- lowing: tected; cepts a donation under paragraph (2) to ad- ‘‘(e) MAINTENANCE NEEDS.— ‘‘(C) 65 battlefields have no protection at dress maintenance needs on land acquired ‘‘(1) IN GENERAL.—Subject to paragraph (3), all; and under this section, the funds appropriated funds appropriated for the acquisition of ‘‘(D) 113 battlefields have been severely for the acquisition under paragraph (1) shall land under this section shall include any hampered by development since the Civil not include funds equivalent to the amount funds necessary to address maintenance War or are on the verge of being over- of that donation. needs at the time of acquisition on the ac- whelmed. ‘‘(d) CONGRESSIONAL APPROVAL OF CERTAIN quired land. ‘‘(3) According to the 2007 Report to Con- LAND ACQUISITIONS.—For any acquisition of ‘‘(2) ACCEPTANCE OF DONATIONS.—A Federal gress on the Historic Preservation of Revolu- land under this section for which the cost of agency may accept, hold, administer, and tionary War and War of 1812 Sites in the the land is greater than $50,000 per acre, as use donations to address maintenance needs United States, prepared by the National indexed for United States dollar inflation on land acquired under this section. Park Service, of the 243 principal Revolu- from the date of enactment of the Natural ‘‘(3) LIMITATION.—If a Federal agency ac- tionary War and War of 1812 battlefields Resources Management Act (as measured by cepts a donation under paragraph (2) to ad- identified as national preservation prior- the Consumer Price Index)— dress maintenance needs on land acquired ities— ‘‘(1) before acquiring the land, the Sec- under this section, the funds appropriated ‘‘(A) almost 70 percent lie within urban retary shall submit to Congress a report that for the acquisition under paragraph (1) shall areas as denoted in the 2000 U.S. Census; describes the land proposed to be acquired; not include funds equivalent to the amount ‘‘(B) 141 are lost or extremely fragmented, and of that donation.’’. with residential and commercial develop- ‘‘(2) no acquisition may be made unless the ment being the chief threats; proposed acquisition is— SA 127. Mr. LANKFORD (for himself, ‘‘(C) 100 other battlefields retain signifi- ‘‘(A) reported to Congress in accordance Mr. INHOFE, and Mr. BRAUN) submitted cant features and lands from the period of with paragraph (1); and an amendment intended to be proposed battle, although on average these battle- ‘‘(B) approved by the enactment of a bill or to amendment SA 111 submitted by Ms. fields retain only 37 percent of the original joint resolution.’’. MURKOWSKI (for herself and Mr. historic scene; ‘‘(D) of these 100 surviving but diminished SA 125. Mr. LANKFORD (for himself, MANCHIN) and intended to be proposed to the bill S. 47, to provide for the man- battle landscapes, 82 are partially owned and Mr. LEE, Mr. INHOFE, Mr. RUBIO, and protected by public and nonprofit stewards, Mr. BRAUN) submitted an amendment agement of the natural resources of the although the extent of that protection varies intended to be proposed to amendment United States, and for other purposes; from site to site; SA 111 submitted by Ms. MURKOWSKI which was ordered to lie on the table; ‘‘(E) 18 are without any legal protection; (for herself and Mr. MANCHIN) and in- as follows: ‘‘(F) the condition of two battlefields is un- tended to be proposed to the bill S. 47, In section 200304(b)(1) of title 54, United known, with additional research and survey to provide for the management of the States Code (as added by section 3001(b)(3)), being required to determine their exact loca- tion and condition; and natural resources of the United States, strike ‘‘purposes’’ and insert ‘‘purposes, of which not less than 5 percent shall be used ‘‘(G) the paucity of existing battlefield and for other purposes; which was or- for deferred maintenance needs on Federal landscapes necessitates preservation and dered to lie on the table; as follows: land’’. maintenance of what precious little remains In section 3001, strike subsection (b) and today. insert the following: SA 128. Mr. ISAKSON (for himself, ‘‘(b) PURPOSES.—The purposes of this Act (b) ALLOCATION OF FUNDS.— Mr. KAINE, and Mr. BLUNT) submitted are— (1) IN GENERAL.—Section 200304 of title 54, an amendment intended to be proposed ‘‘(1) to act quickly and proactively to pre- United States Code, is amended— serve and protect nationally significant bat- (A) by striking ‘‘There’’ and inserting ‘‘(a) to amendment SA 111 submitted by Ms. tlefields of the American Revolution, War of In General.—There’’; and MURKOWSKI (for herself and Mr. 1812, and Civil War through conservation (B) by striking the second sentence and in- MANCHIN) and intended to be proposed easements and fee-simple purchases of those serting the following: to the bill S. 47, to provide for the man- battlefields from willing sellers; and

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‘‘(2) to create partnerships among State (D) administering a viable population con- AGEMENT FROM WASHINGTON, DC, TO A WEST- and local governments, regional entities, and trol plan for the horses, including auctions, ERN STATE.—Notwithstanding section 72 of the private sector to preserve, conserve, and adoptions, contraceptive fertility methods, title 4, United States Code, the Secretary enhance the visitor experience at nationally and other viable options. may relocate the headquarters of the Bureau significant battlefields of the American Rev- of Land Management from Washington, DC, olution, War of 1812, and Civil War.’’. SA 130. Mr. BURR (for himself and to a western State specified by the (b) PRESERVATION ASSISTANCE.—Section Mr. TILLIS) submitted an amendment Secretary. 308103(f) of title 54, United States Code, is intended to be proposed by him to the amended to read as follows: bill S. 47, to provide for the manage- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— SA 133. Mr. GARDNER submitted an There is authorized to be appropriated to the ment of the natural resources of the amendment intended to be proposed to Secretary to provide grants under this sec- United States, and for other purposes; amendment SA 111 submitted by Ms. tion $20,000,000 for each fiscal year through which was ordered to lie on the table; MURKOWSKI (for herself and Mr. 2028, of which not more than 10 percent may as follows: MANCHIN) and intended to be proposed be used each fiscal year as follows: At the end of title VII, add the following: to the bill S. 47, to provide for the man- ‘‘(1) Not more than $1,000,000 for projects SEC. 70ll. BEACH RENOURISHMENT PROJECTS. agement of the natural resources of the and programs that modernize battlefield in- Section 6(a)(6)(G) of the Coastal Barrier United States, and for other purposes; terpretive and educational assets through Resources Act (16 U.S.C. 3505(a)(6)(G)) is the deployment of technology, disbursed which was ordered to lie on the table; amended by inserting ‘‘, including beach re- as follows: through the competitive grant process to nourishment projects that remove sand ma- non-profit organizations. terial within a System unit for placement on Before section 9001, insert the following: ‘‘(2) Not more than $1,000,000 for grants to or near a shoreline that is not within the Subtitle A—Good Samaritan Remediation of organizations described in section 501(c)(3) of System’’ after ‘‘stabilization system’’. the Internal Revenue Code of 1986 and ex- Orphan Hardrock Mines empt from taxation under section 501(a) of SA 131. Mr. MARKEY (for himself SEC. 9001. DEFINITIONS. such Code to be used for projects that restore and Ms. WARREN) submitted an amend- In this subtitle: day-of-battle conditions on land preserved (1) ADMINISTRATOR.—The term ‘‘Adminis- through Battlefield Land Acquisition Grant ment intended to be proposed by him trator’’ means the Administrator of the En- Program funds.’’. to the bill S. 47, to provide for the man- agement of the natural resources of the vironmental Protection Agency. SA 129. Mr. BURR (for himself and United States, and for other purposes; (2) COOPERATING PERSON.—The term ‘‘co- operating person’’ means any person that is Mr. TILLIS) submitted an amendment which was ordered to lie on the table; intended to be proposed by him to the named by the Good Samaritan in the permit as follows: application as a cooperating entity. bill S. 47, to provide for the manage- At the end of subtitle E of title II, add the (3) FEDERAL LAND MANAGEMENT AGENCY.— ment of the natural resources of the following: The term ‘‘Federal land management agen- United States, and for other purposes; SEC. 24llll. CAPE COD NATIONAL SEASHORE cy’’ means any Federal agency authorized by which was ordered to lie on the table; ADVISORY COMMISSION. law or executive order to exercise jurisdic- as follows: Effective September 26, 2018, section 8(a) of tion, custody, or control over land owned by Public Law 87–126 (16 U.S.C. 459b–7(a)) is At the end of title VII, add the following: the United States. amended in the second sentence by striking SEC. 70ll. WILD HORSES IN AND AROUND THE (4) GOOD SAMARITAN.—The term ‘‘Good Sa- CURRITUCK NATIONAL WILDLIFE ‘‘2018’’ and inserting ‘‘2028’’. maritan’’ means a person that, with respect REFUGE. to historic mine residue, as determined by (a) GENETIC DIVERSITY.—The Secretary, in SA 132. Mr. GARDNER submitted an the Administrator— consultation with the North Carolina De- amendment intended to be proposed to (A) is not a past or current owner or oper- partment of Environment and Natural Re- amendment SA 111 submitted by Ms. ator of— sources, Currituck County, North Carolina, MURKOWSKI (for herself and Mr. (i) the orphan mine site at which the his- and the Corolla Wild Horse Fund, shall allow MANCHIN) and intended to be proposed toric mine residue is located; or for the introduction of a small number of to the bill S. 47, to provide for the man- (ii) a portion of that orphan mine site; free-roaming wild horses from the Cape agement of the natural resources of the (B) had no role in the creation of the his- Lookout National Seashore as necessary to toric mine residue; and ensure the genetic diversity of the wild horse United States, and for other purposes; (C) is not potentially liable under any Fed- population in and around the Currituck Na- which was ordered to lie on the table; eral, State, Tribal, or local law for the reme- tional Wildlife Refuge, consistent with— as follows: diation, treatment, or control of the historic (1) the laws (including regulations) appli- At the end of title IX, add the following: mine residue. cable to the Currituck National Wildlife Ref- SEC. 90lll. BUREAU OF LAND MANAGEMENT (5) GOOD SAMARITAN PERMIT.—The term uge and the Cape Lookout National Sea- HEADQUARTERS RELOCATION. ‘‘Good Samaritan permit’’ means a permit shore; and (a) DEFINITION OF WESTERN STATE.—In this granted by the Administrator under section (2) the December 2014 Wild Horse Manage- section, the term ‘‘western State’’ means 9003(a)(1). ment Agreement approved by the United any of the States of Alaska, Arizona, Cali- (6) HISTORIC MINE RESIDUE.— States Fish and Wildlife Service, the North fornia, Colorado, Idaho, Montana, Nevada, (A) IN GENERAL.—The term ‘‘historic mine Carolina Department of Environment and New Mexico, Oregon, Utah, Washington, or residue’’ means mine residue or any condi- Natural Resources, Currituck County, North Wyoming. tion at an orphan mine site resulting from Carolina, and the Corolla Wild Horse Fund. (b) STRATEGY FOR RELOCATING THE HEAD- hardrock mining activities conducted on— (b) AGREEMENT.— QUARTERS OF THE BUREAU OF LAND MANAGE- (i) Federal land under sections 2319 (1) IN GENERAL.—The Secretary may enter MENT FROM WASHINGTON, DC, TO A WESTERN through 2352 of the Revised Statutes (com- into an agreement with the Corolla Wild STATE.— monly known as the ‘‘Mining Law of 1872’’; 30 Horse Fund to provide for the cost-effective (1) IN GENERAL.—Not later than 180 days U.S.C. 22 et seq.); or management of the horses in and around the after the date of enactment of this Act, the (ii) State or private land. Currituck National Wildlife Refuge while en- Secretary shall submit to the Committee on (B) INCLUSIONS.—The term ‘‘historic mine suring that natural resources within the Energy and Natural Resources of the Senate residue’’ includes— Currituck National Wildlife Refuge are not and the Committee on Natural Resources of (i) previously mined ores and minerals adversely impacted. the House of Representatives a strategy for other than coal that contribute to acid mine (2) REQUIREMENTS.—The agreement entered relocating the headquarters of the Bureau of drainage or other pollution; into under paragraph (1) shall specify that Land Management from Washington, DC, to (ii) equipment (including materials in the Corolla Wild Horse Fund shall pay the a western State in a manner that will save equipment); costs associated with, with respect to the the maximum amount of taxpayer money (iii) any tailings, heap leach piles, dump horses in and around the Currituck National practicable. leach piles, waste rock, overburden, slag Wildlife Refuge— (2) REQUIREMENTS.—The strategy sub- piles, or other waste or material resulting (A) coordinating and conducting a periodic mitted under paragraph (1) shall include— from any extraction, beneficiation, or other census, and inspecting the health, of the (A) metrics for choosing a location for the processing activity that occurred during the horses; relocated headquarters of the Bureau of active operation of an orphan mine site; (B) maintaining records of the horses liv- Land Management; (iv) any acidic or otherwise polluted flow ing in the wild and in confinement; (B) a description of the determining fac- in surface water or groundwater that origi- (C) coordinating and conducting the re- tors in favor of the relocation; and nates from, or is pooled and contained in, an moval and placement of horses and moni- (C) a proposed timeline for the relocation. inactive or abandoned mine site, such as un- toring of any horses removed from the (c) AUTHORIZATION FOR RELOCATION OF THE derground workings, open pits, in-situ leach- Currituck County Outer Banks; and HEADQUARTERS OF THE BUREAU OF LAND MAN- ing operations, ponds, or impoundments;

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.053 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1012 CONGRESSIONAL RECORD — SENATE February 6, 2019 (v) any hazardous substance (as defined in (V) that actively mined or processed min- tion, and Liability Act of 1980 (42 U.S.C. 9607) section 101 of the Comprehensive Environ- erals after December 11, 1980. or section 301 of the Federal Water Pollution mental Response, Compensation, and Liabil- (10) PASSIVE LANDOWNER.—The term ‘‘pas- Control Act (33 U.S.C. 1311) that exists apart ity Act of 1980 (42 U.S.C. 9601)); sive landowner’’ means an individual who— from any action undertaken pursuant to this (vi) any pollutant or contaminant (as de- (A) owns property containing an orphan subtitle. fined in section 101 of the Comprehensive En- mine site; SEC. 9003. ORPHAN MINE SITE GOOD SAMARITAN vironmental Response, Compensation, and (B) had no part in the operation of the or- PILOT PROJECT AUTHORIZATION. Liability Act of 1980 (42 U.S.C. 9601)); and phan mine site; and (a) ESTABLISHMENT.— (vii) any pollutant (as defined in section (C) took ownership of the property de- (1) IN GENERAL.—The Administrator shall 502 of the Federal Water Pollution Control scribed in subparagraph (A) after termi- establish a pilot program under which the Act (33 U.S.C. 1362)). nation of the mining operation at the orphan Administrator shall grant not more than 15 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ mine site. Good Samaritan permits to carry out has the meaning given the term in section (11) PERSON.—The term ‘‘person’’ means projects to remediate historic mine residue 518(h) of the Federal Water Pollution Control any entity described in— at any portions of orphan mine sites in ac- Act (33 U.S.C. 1377(h)). (A) section 502(5) of the Federal Water Pol- cordance with this subtitle. (2) OVERSIGHT OF PERMITS.—The Adminis- (8) INVESTIGATIVE SAMPLING PERMIT.—The lution Control Act (33 U.S.C. 1362(5)); and trator may oversee the remediation project term ‘‘investigative sampling permit’’ means (B) section 101(21) of the Comprehensive under paragraph (1), and any action taken by a permit granted by the Administrator under Environmental Response, Compensation, and the applicable Good Samaritan or any co- section 9003(d)(1). Liability Act of 1980 (42 U.S.C. 9601(21)). operating person under the applicable Good (9) ORPHAN MINE SITE.— (12) REMEDIATION.— Samaritan permit, for the duration of the (A) IN GENERAL.—The term ‘‘orphan mine (A) IN GENERAL.—The term ‘‘remediation’’ means any action taken to investigate, char- Good Samaritan permit, as the Adminis- site’’ means an abandoned or inactive trator determines to be necessary to review hardrock mine site and any facility associ- acterize, or cleanup, in whole or in part, a discharge, release, or threat of release of a the status of the project. ated with an abandoned or inactive hardrock OOD SAMARITAN PERMIT ELIGIBILITY.— hazardous substance, pollutant, or contami- (b) G mine site— (1) IN GENERAL.—To be eligible to receive a nant into the environment at or from an or- (i) that was used for the production of a Good Samaritan permit to carry out a phan mine site, or to otherwise protect and mineral other than coal conducted on Fed- project to remediate an orphan mine site, a improve human health and the environment. eral land under sections 2319 through 2352 of person shall demonstrate that— (B) INCLUSION.—The term ‘‘remediation’’ the Revised Statutes (commonly known as (A) the orphan mine site that is the subject includes any action to remove, treat, or con- the ‘‘Mining Law of 1872’’; 30 U.S.C. 22 et of the application for a Good Samaritan per- tain historic mine residue to prevent, mini- seq.) or on non-Federal land; and mit is located in the United States; mize, or reduce— (ii) for which, based on information sup- (B) the purpose of the proposed project is (i) the release or threat of release of a haz- plied by the Good Samaritan after review of the remediation at that orphan mine site of ardous substance, pollutant, or contaminant publicly available data and after review of historic mine residue; that would harm human health or the envi- other information in the possession of the (C) the proposed activities are designed to ronment; or Administrator, the Administrator or, in the result in the partial or complete remediation (ii) a migration or discharge of a hazardous case of a site on land owned by the United of historic mine residue at the orphan mine substance, pollutant, or contaminant that States, the Federal land management agen- site; would harm human health or the environ- cy, determines that no responsible owner or (D) to the satisfaction of the Adminis- ment. operator has been identified— trator, the person— (13) RESERVATION.—The term ‘‘reservation’’ (I) who is potentially liable for, or has been (i) possesses, or has the ability to secure, has the meaning given the term ‘‘Indian required to perform or pay for, environ- the financial and other resources necessary— country’’ in section 1151 of title 18, United mental remediation activities under applica- (I) to complete the permitted work, as de- States Code. ble law; and termined by the Administrator; and (14) RESPONSIBLE OWNER OR OPERATOR.— (II) other than, in the case of a mine site (II) to address any contingencies identified The term ‘‘responsible owner or operator’’ located on land owned by the United States, in the Good Samaritan permit application means a person that is— a Federal land management agency that has described in subsection (c); (A)(i) legally responsible under section 301 not been involved in mining activity on that (ii) possesses the proper and appropriate of the Federal Water Pollution Control Act land, except that the approval of a plan of experience and capacity to complete the per- (33 U.S.C. 1311) for a discharge that origi- operations under the hardrock mining regu- mitted work; and nates from an orphan mine site; and lations of the applicable Federal land man- (iii) will complete the permitted work; and (ii) financially able to comply with each agement agency shall not be considered in- (E) the person is a Good Samaritan with requirement described in that section; or volvement in the mining activity. respect to the historic mine residue proposed (B)(i) a present or past owner or operator (B) INCLUSION.—The term ‘‘orphan mine to be covered by the Good Samaritan permit. or other person that is liable with respect to site’’ includes a hardrock mine site (includ- (2) IDENTIFICATION OF ALL RESPONSIBLE a release or threat of release of a hazardous ing associated facilities) that was previously OWNERS OR OPERATORS.— substance, pollutant, or contaminant associ- the subject of a completed response action (A) IN GENERAL.—A Good Samaritan shall ated with the historic mine residue at or under the Comprehensive Environmental Re- make reasonable and diligent efforts to iden- from an orphan mine site under section 104, sponse, Compensation, and Liability Act of tify, from a review of publicly available in- 106, 107, or 113 of the Comprehensive Environ- 1980 (42 U.S.C. 9601 et seq.) or a similar Fed- formation in land records or on internet mental Response, Compensation, and Liabil- eral and State reclamation or cleanup pro- websites of Federal, State, and local regu- ity Act of 1980 (42 U.S.C. 9604, 9606, 9607, 9613); gram, including the remediation of mine- latory authorities, all responsible owners or and scarred land under the brownfields revital- operators of an orphan mine site proposed to (ii) financially able to comply with each ization program under section 104(k) of the be remediated by the Good Samaritan under requirement described in those sections, as Comprehensive Environmental Response, this section. applicable. Compensation, and Liability Act of 1980 (42 (B) EXISTING RESPONSIBLE OWNER OR OPER- U.S.C. 9604(k)). SEC. 9002. SCOPE. ATOR.—If the Administrator determines, (C) EXCLUSIONS.— Nothing in this subtitle— based on information provided by a Good Sa- (i) IN GENERAL.—The term ‘‘orphan mine (1) reduces any existing liability; maritan or otherwise, that a responsible site’’ does not include a mine site (including (2) releases any person from liability, ex- owner or operator exists for an orphan mine associated facilities)— cept in compliance with this subtitle; site proposed to be remediated by the Good (I) in a temporary shutdown or cessation; (3) authorizes the conduct of any mining or Samaritan, the Administrator shall deny the (II) included on the National Priorities processing other than the conduct of any application for a Good Samaritan permit. List developed by the President in accord- processing of previously mined ores, min- (c) APPLICATION FOR PERMITS.—To obtain a ance with section 105(a)(8)(B) of the Com- erals, wastes, or other materials that is au- Good Samaritan permit, a person shall sub- prehensive Environmental Response, Com- thorized by a Good Samaritan permit; mit to the Administrator an application, pensation, and Liability Act of 1980 (42 (4) imposes liability on the United States signed by the person and any cooperating U.S.C. 9605(a)(8)(B)) or is proposed for inclu- or a Federal land management agency pursu- person, that provides, to the extent known or sion on that list; ant to section 107 of the Comprehensive En- reasonably discoverable by the person on the (III) that is the subject of a planned or on- vironmental Response, Compensation, and date on which the application is submitted— going response action under the Comprehen- Liability Act of 1980 (42 U.S.C. 9607) or sec- (1) a description of the orphan mine site sive Environmental Response, Compensa- tion 301 of the Federal Water Pollution Con- (including the boundaries of the orphan mine tion, and Liability Act of 1980 (42 U.S.C. 9601 trol Act (33 U.S.C. 1311); or site) proposed to be covered by the Good Sa- et seq.) or a similar Federal and State rec- (5) relieves the United States or any Fed- maritan permit; lamation or cleanup program; eral land management agency from any li- (2) a description of all parties proposed to (IV) that has a responsible owner or oper- ability under section 107 of the Comprehen- be involved in the remediation project, in- ator; or sive Environmental Response, Compensa- cluding any cooperating person and each

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.064 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1013 member of an applicable corporation, asso- ging, opening, or otherwise altering the por- water, as described in the investigative sam- ciation, partnership, consortium, joint ven- tal or adit of an orphan mine site, an evalua- pling permit application under paragraph (2). ture, commercial entity, or nonprofit asso- tion of orphan mine site conditions, includ- (4) REQUIREMENTS RELATING TO SAMPLES.— ciation; ing an assessment of any pooled water or hy- In conducting investigative sampling of his- (3) evidence that the person has or will ac- draulic pressure in the orphan mine site con- toric mine residue, soil, or water, a person quire all legal rights or the authority nec- ducted by a licensed professional engineer; shall— essary to enter the relevant orphan mine site (10) a health and safety plan that is specifi- (A) collect samples that are representative and perform the remediation described in the cally designed for mining remediation work; of the conditions present at the orphan mine application; (11) a specific contingency plan that— site that is the subject of the investigative (4) a detailed description of the historic (A) includes provisions on response and no- sampling permit; and mine residue to be remediated; tification to Federal, State, and local au- (B) retain publically available records of (5) a detailed description of the expertise thorities with jurisdiction over downstream all sampling events for a period of not less and experience of the person and the re- waters that have the potential to be im- than 3 years. sources available to the person to success- pacted by an unplanned release or discharge (5) POST-SAMPLING REMEDIATION.— fully implement and complete the remedi- of hazardous substances, pollutants, or con- (A) REFUSAL TO CONVERT PERMIT.—Subject ation plan under paragraph (7); taminants; and to subparagraph (B), a person who obtains an (6) to the satisfaction of the Administrator (B) is designed to respond to unplanned ad- investigative sampling permit may decline and subject to subsection (d), a description of verse events (such as potential fluid release to apply to convert the investigative sam- the baseline environmental conditions, in- that may result from addressing pooled pling permit into a Good Samaritan permit cluding potentially affected surface water water or hydraulic pressure situations), in- under paragraph (6) and decline to undertake quality and hydrological conditions, affected cluding the sudden release of historic mine remediation on conclusion of investigative by the historic mine residue to be remedi- residue; sampling. ated that includes— (12) subject to subsection (d), a project (B) RETURN TO PREEXISTING CONDITIONS.—If (A) the nature and extent of any adverse budget and description of financial resources the activities carried out by a person under impact on the water quality of any body of that demonstrate that the permitted work, an investigative sampling permit result in water caused by the drainage of historic including any operation and maintenance, surface water quality conditions, or any mine residue or other discharges from the or- will be completed; other environmental conditions, that are phan mine site; (13) subject to subsection (d), information worse than the preexisting conditions of the (B) the flow rate and concentration of any demonstrating that the applicant has the fi- applicable orphan mine site due to historic drainage of historic mine residue or other nancial resources to carry out the remedi- mine residue at the orphan mine site, the discharge from the orphan mine site in any ation (including any long-term monitoring person shall undertake actions to return the body of water that has resulted in an adverse that may be required by the Good Samaritan orphan mine site to those preexisting condi- impact described in subparagraph (A); and permit) or the ability to secure an appro- tions. (C) any other release or threat of release of priate third-party financial assurance, as de- (6) PERMIT CONVERSION.—Not later than 1 historic mine residue that has resulted in an termined by the Administrator, to ensure year after the date on which the investiga- adverse impact to public health or the envi- completion of the permitted work, including tive sampling under the investigative sam- ronment; any long-term operations and maintenance pling permit concludes, a person to whom an (7) subject to subsection (d), a remediation of remediation activities that may be— investigative sampling permit is granted plan for the orphan mine site that de- (A) proposed in the application for the under paragraph (1) may apply to convert an scribes— Good Samaritan permit; or investigative sampling permit into a Good (A) the nature and scope of the proposed (B) required by the Administrator as a con- Samaritan permit under subsection (e)(1). remediation activities, including— dition of granting the permit; (e) INVESTIGATIVE SAMPLING CONVERSION.— (i) any historic mine residue to be ad- (14) subject to subsection (d), a detailed (1) IN GENERAL.—A person to which an in- dressed by the remediation plan; and plan for any required operation and mainte- vestigative sampling permit was granted (ii) a description of the goals of the reme- nance of any remediation, including a may submit to the Administrator an applica- diation including, if applicable, with respect timeline, if necessary; tion in accordance with paragraph (2) to con- to— (15) subject to subsection (d), a description vert the investigative sampling permit into (I) the reduction or prevention of a release, of any planned post-remediation monitoring, a Good Samaritan permit. threat of release, or discharge to surface if necessary; and (2) APPLICATION.— waters; or (16) subject to subsection (d), any other ap- (A) INVESTIGATIVE SAMPLING.—An applica- (II) other appropriate goals relating to propriate information, as determined by the tion for the conversion of an investigative water or soil; Administrator or the applicant. sampling permit under paragraph (1) shall (B) each activity that the person proposes (d) INVESTIGATIVE SAMPLING.— include any requirement described in sub- to take that is designed— (1) INVESTIGATIVE SAMPLING PERMITS.—The section (c) that was not included in full in (i) to improve or enhance water quality or Administrator may grant an investigative the application submitted under subsection site-specific soil quality relevant to the his- sampling permit for a period determined by (d)(2). toric mine residue addressed by the remedi- the Administrator to authorize a person to (B) PUBLIC NOTICE AND COMMENT.—An appli- ation plan; or conduct investigative sampling of historic cation for permit conversion under this para- (ii) to otherwise protect human health and mine residue, soil, or water to determine— graph shall be subject to— the environment (including through the pre- (A) baseline conditions; and (i) a period of public notice and comment; vention of a release, discharge, or threat of (B) whether the person— and release to water or soil); (i) is willing to perform further remedi- (ii) a public hearing, if requested. (C) the monitoring or other form of assess- ation to address the historic mine residue; (f) CONTENT OF PERMITS.— ment, if any, that will be undertaken by the and (1) IN GENERAL.—A Good Samaritan permit person to evaluate the success of the activi- (ii) will proceed with a permit conversion shall contain— ties described in subparagraph (A) during under subsection (e)(1). (A) the information described in subsection and after the remediation, with respect to (2) APPLICATION.—If a person proposes to (c), including any modification required by the baseline conditions, as described in para- conduct investigative sampling, the person the Administrator; graph (6); shall submit to the Administrator a Good (B)(i) a provision that states that the Good (D) to the satisfaction of the Adminis- Samaritan permit application that contains, Samaritan is responsible for securing, for all trator, detailed engineering plans for the to the satisfaction of the Administrator— activities authorized under the Good Samari- project; (A) each description required under para- tan permit, all authorizations, licenses, and (E) any proposed recycling or reprocessing graphs (1), (2), (5), and (6) of subsection (c); permits that are required under applicable of historic mine residue to be conducted by (B) the evidence required under subsection law except for— the person (including a description of how all (c)(3); (I) section 301, 302, 306, 307, 402, or 404 of the proposed recycling or reprocessing activities (C) each plan required under paragraphs Federal Water Pollution Control Act (33 relate to the remediation of the orphan mine (10) and (11) of subsection (c); and U.S.C. 1311, 1312, 1316, 1317, 1342, 1344); and site); and (D) a detailed plan of the investigative (II) authorizations, licenses, and permits (F) identification of any proposed con- sampling. that would not need to be obtained if the re- tractor that will perform any remediation (3) PERMIT LIMITATIONS.—If a person sub- mediation was conducted pursuant to section activity; mits an application that proposes only inves- 121 of the Comprehensive Environmental Re- (8) subject to subsection (d), a schedule for tigative sampling of historic mine residue, sponse, Compensation, and Liability Act of the work to be carried out under the project, soil, or water that only includes the require- 1980 (42 U.S.C. 9621); or including a schedule for periodic reporting ments described in paragraph (2), the Admin- (ii) in the case of an orphan mine site in a by the person on the remediation of the or- istrator may only grant an investigative State that is authorized to implement State phan mine site; sampling permit that authorizes the person law pursuant to section 402 or 404 of the Fed- (9) subject to subsection (d), in the case of only to carry out the plan of investigative eral Water Pollution Control Act (33 U.S.C. a remediation activity that requires plug- sampling of historic mine residue, soil, or 1342, 1344) or on land of an Indian tribe that

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.064 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1014 CONGRESSIONAL RECORD — SENATE February 6, 2019 is authorized to implement Tribal law pursu- the sale or use of the materials are first this section, the Administrator shall provide ant to that section, a provision that states used— notice and a copy of the application to— that the Good Samaritan is responsible for (i) to defray the costs of the remediation; (1) each local government with jurisdiction securing, for all activities authorized under and over a drinking water utility, and each In- the Good Samaritan permit, all authoriza- (ii) to the extent required by the Good Sa- dian tribe with reservation or off-reservation tions, licenses, and permits that are required maritan permit, to reimburse the Adminis- treaty rights to land or water, located down- under applicable law, except for— trator or the head of a Federal land manage- stream from a proposed remediation project (I) the State or Tribal law, as applicable; ment agency for any costs incurred for over- that is reasonably anticipated to be ad- and sight of the Good Samaritan. versely impacted by a potential release of (II) authorizations, licenses, and permits (C) CONNECTION WITH OTHER ACTIVITIES.— contaminants from the orphan mine site, as that would not need to be obtained if the re- The commingling or association of any other determined by the Administrator; mediation was conducted pursuant to section discharge of water or historic mine residue (2) each Federal, State, and Tribal agency 121 of the Comprehensive Environmental Re- or any activity, project, or operation with that may have an interest in the application; sponse, Compensation, and Liability Act of any aspect of a project subject to a Good Sa- and 1980 (42 U.S.C. 9621); maritan permit shall not limit or reduce the (3) in the case of an orphan mine site that (C) specific public notification require- liability of any person associated with the is located partially or entirely on land owned ments, including the contact information for other discharge of water or historic mine by the United States, the Federal land man- all appropriate response centers in accord- residue or activity, project, or operation. agement agency with jurisdiction over that ance with subsection (o); and (g) ADDITIONAL WORK.—A Good Samaritan land. (D) any other terms and conditions deter- permit may allow the Good Samaritan to re- (l) PUBLIC NOTICE OF RECEIPT OF APPLICA- mined to be appropriate by the Adminis- turn to the orphan mine site after the com- trator. pletion of the remediation to perform oper- TIONS.— ations and maintenance or other work— (1) IN GENERAL.—Not later than 30 days (2) FORCE MAJEURE.—A Good Samaritan (1) to ensure the functionality of the or- permit may include, at the request of the after the date on which the Administrator phan mine site; or Good Samaritan, a provision that a Good Sa- receives a complete application for a Good (2) to protect public health and the envi- maritan may assert a claim of force majeure Samaritan permit, the Administrator shall ronment. for any violation of the Good Samaritan per- provide to the public a notice that— (h) TIMING.—Work authorized under a Good mit caused solely by— (A) describes— Samaritan permit— (i) the location of the relevant orphan (A) an act of God; (1) shall commence, as applicable— (B) an act of war; mine site; (A) not later than the date that is 18 (ii) the scope and nature of the proposed (C) negligence on the part of the United months after the date on which the Adminis- States; or remediation; and trator granted the Good Samaritan permit, (iii) the name of the person applying for (D) an act or omission of a third party, if unless the Administrator grants an exten- the Good Samaritan— the Good Samaritan permit; and sion under subsection (r)(3)(B)(i); or (B) provides to the public a means of view- (i) exercises due care with respect to the (B) if the grant of the Good Samaritan per- actions of the Good Samaritan under the ing or obtaining the application, including, mit is the subject of a petition for judicial at a minimum, posting the application on Good Samaritan permit, as determined by review, not later than the date that is 18 the Administrator; the website of the Administrator. months after the date on which the judicial (2) HEARING.— (ii) took precautions against foreseeable review, including any appeals, has concluded; acts or omissions of the third party, as de- (A) IN GENERAL.—Before the date on which and the Administrator grants a Good Samaritan termined by the Administrator; and (2) shall continue until completed, with (iii) uses reasonable efforts— permit, if requested, the Administrator shall temporary suspensions permitted during ad- hold a public hearing in the vicinity of the (I) to anticipate any potential force verse weather or other conditions specified majeure; and affected orphan mine site. in the Good Samaritan permit. (B) NOTICE.—Not later than 30 days before (II) to address the effects of any potential (i) TRANSFER OF PERMITS.—A Good Samari- force majeure. the date of a hearing under subparagraph tan permit may be transferred to another (A), the Administrator shall provide to the (3) MONITORING.— person only if— public— (A) IN GENERAL.—The Good Samaritan (1) the Administrator determines that the shall take such actions as the Good Samari- (i) notice of the hearing; and transferee qualifies as a Good Samaritan; (ii) a draft Good Samaritan permit. tan permits requires to ensure appropriate (2) the transferee signs, and agrees to be baseline monitoring, monitoring during the (C) COMMENTS.—The Administrator shall bound by the terms of, the Good Samaritan provide to the relevant applicant and the remediation project, and post-remediation permit; monitoring of the environment under para- public the opportunity— (3) the Administrator includes in the trans- (i) to comment on the draft Good Samari- graphs (6), (7), and (15), respectively, of sub- ferred Good Samaritan permit any addi- section (c). tan permit at the public hearing; and tional conditions necessary to meet the (ii) to submit written comments to the Ad- (B) MULTIPARTY MONITORING.—The Admin- goals of this subtitle; and istrator may approve in a Good Samaritan ministrator during the 30-day period begin- (4) in the case of a project carried out or ning on the date of the hearing. permit the monitoring by multiple cooper- proposed to be carried out under the trans- ating persons if, as determined by the Ad- ferred Good Samaritan permit on land owned (m) PERMIT GRANT.— ministrator— by the United States— (1) IN GENERAL.—The Administrator may (i) the multiparty monitoring will effec- (A) the head of the appropriate Federal grant a Good Samaritan permit to carry out tively accomplish the goals of this section; land management agency consents to the a project for the remediation of an orphan and transfer; and mine site only if— (ii) the Good Samaritan remains respon- (B) the transferee enters into any applica- (A) the Administrator determines that— sible for compliance with the terms of the ble special use permit or other land use (i) the person seeking the permit is a Good Good Samaritan permit. agreement with that Federal land manage- Samaritan; (4) SIGNATURE BY GOOD SAMARITAN.—The ment agency. (ii) the application described in subsection signature of the relevant Good Samaritan (j) ROLE OF ADMINISTRATOR.—In carrying (c) is complete; and a cooperating person, if any, on the Good out this section, the Administrator shall— (iii) the project is designed to remediate Samaritan permit shall be considered to be (1) consult with prospective applicants; historic mine residue at the orphan mine site an acknowledgment by the Good Samaritan (2) convene, coordinate, and lead the appli- to protect public health and the environ- that the Good Samaritan accepts the terms cation review process; ment; and conditions of the Good Samaritan per- (3) maintain all records relating to the (iv) the proposed project is designed to mit. Good Samaritan permit and the permit proc- meet all other goals, as determined by the (5) OTHER DEVELOPMENT.— ess; Administrator, including any goals set forth (A) NO AUTHORIZATION OF MINING ACTIVI- (4) provide an opportunity for cooperating in the application for the Good Samaritan TIES.—Except as provided in the Good Sa- persons and the public to participate in the permit that are accepted by the Adminis- maritan permit, no mineral exploration, Good Samaritan permit process, including— trator; processing, benefication, or mining shall (A) a public comment period; and (v) the proposed activities are designed to be— (B) a public hearing, if requested; and result in, as compared to the baseline condi- (i) authorized by this subtitle; or (5) enforce and otherwise carry out this tions described in subsection (c)(6)— (ii) covered by any waiver of liability pro- section. (I) improved water or soil quality or other vided by this subtitle from applicable law. (k) STATE, LOCAL, AND TRIBAL GOVERN- environmental or safety conditions; or (B) SALE OR USE OF MATERIALS.—A Good MENTS.—As soon as practicable, but not later (II) reductions in further threats to water Samaritan may sell or use materials recov- than 14 days after the date on which the Ad- or soil quality or other environmental or ered during the implementation of a remedi- ministrator receives an application for the safety conditions; ation plan only if all of the proceeds from remediation of an orphan mine site under (vi) the applicant has—

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.064 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1015 (I) demonstrated that the applicant has the plete and meets all applicable requirements from the orphan mine site that is the subject proper and appropriate experience and capac- of subsection (c); or of the Good Samaritan permit (including any ity to complete the permitted work; (ii) such later date as may be determined releases, threats of releases, or discharges (II) demonstrated that the applicant will by the Administrator with notification pro- that occurred prior to the grant of the Good complete the permitted work; vided to the applicant. Samaritan permit) during the term of the (III) the financial and other resources to (B) CONSTRUCTIVE DENIAL.—If the Adminis- Good Samaritan permit and after termi- address any contingencies identified in the trator fails to grant or deny a Good Samari- nation of the Good Samaritan permit. Good Samaritan permit application de- tan permit by the applicable deadline de- (B) OTHER PARTIES.—Nothing in subpara- scribed in subsections (b) and (c); scribed in subparagraph (A), the application graph (A) limits the liability of any person (IV) granted access and provided the au- shall be considered to be denied. that is not described in that subparagraph. thority to review the records of the appli- (n) EFFECT OF PERMITS.— (C) VIOLATION OF PERMIT PRIOR TO TERMI- cant relevant to compliance with the re- (1) IN GENERAL.—A Good Samaritan, recipi- NATION.—Notwithstanding subparagraph (A), quirements of the Good Samaritan permit; ent of an investigative sampling permit, pas- if the Good Samaritan, passive landowner, or and sive landowner, and any cooperating person cooperating person violates the terms of the (V) demonstrated, to the satisfaction of undertaking remediation activities identi- Good Samaritan permit and that violation fied in and carried out pursuant to and in the Administrator, that— results in surface water quality or other en- full compliance with a Good Samaritan per- (aa) the applicant has, or has access to, the vironmental conditions that are worse than mit— financial resources to complete the project baseline conditions at the orphan mine site, (A) shall be considered to be in compliance described in the Good Samaritan permit ap- the Administrator— with all requirements (including permitting plication, including any long-term moni- (i) shall notify the Good Samaritan of the requirements) under the Federal Water Pol- violation; and toring and operations and maintenance that lution Control Act (33 U.S.C. 1251 et seq.) (in- the Administrator may require the applicant (ii) may require the Good Samaritan to un- cluding any law or regulation implemented dertake reasonable measures, as determined to perform in the Good Samaritan permit; or by a State or Indian tribe under section 402 (bb) the applicant has established a third by the Administrator, to return surface or 404 of the Federal Water Pollution Control water quality or other environmental condi- party financial assurance mechanism, such Act (33 U.S.C. 1342, 1344)) and the Comprehen- as a corporate guarantee from a parent or tions to the condition that existed prior to sive Environmental Response, Compensa- the violation. other corporate affiliate, letter of credit, tion, and Liability Act of 1980 (42 U.S.C. 9601 (o) PUBLIC NOTIFICATION OF ADVERSE trust, surety bond, or insurance to assure et seq.) during the term of the Good Samari- EVENT.—A Good Samaritan shall notify all that funds are available to complete the per- tan permit and after the termination of the appropriate Federal, State, Tribal, and local mitted work, including for operations and Good Samaritan permit; entities of any unplanned or previously un- maintenance and to address potential con- (B) shall not be required to obtain a permit known release of historic mine residue tingencies, that establishes the Adminis- under, or to comply with, section 301, 302, caused by the actions of the Good Samari- trator or the head of the Federal land man- 306, 307, 402, or 404 of the Federal Water Pol- agement agency as the beneficiary of the lution Control Act (33 U.S.C. 1311, 1312, 1316, tan, passive landowner, or any cooperating third-party financial assurance mechanism 1317, 1342, 1344), or any State or Tribal stand- person in accordance with— and that allows the Administrator to retain ards or regulations approved by the Adminis- (1) section 103 of the Comprehensive Envi- and use the funds from the financial assur- trator under those sections of that Act, dur- ronmental Response, Compensation, and Li- ance mechanism in the event the Good Sa- ing the term of the Good Samaritan permit ability Act of 1980 (42 U.S.C. 9603); maritan does not complete the remediation and after the termination of the Good Sa- (2) section 304 of the Emergency Planning under the Good Samaritan permit; and maritan permit; and and Community Right-To-Know Act of 1986 (vii) the project meets the requirements of (C) shall not be required to obtain any au- (42 U.S.C. 11004); this subtitle; thorizations, licenses, or permits that would (3) the Federal Water Pollution Control (B) the State or Indian tribe with jurisdic- otherwise not need to be obtained if the re- Act (33 U.S.C. 1251 et seq.); tion over land on which the orphan mine site mediation was conducted pursuant to section (4) any other applicable provision of Fed- is located has been given an opportunity to 121 of the Comprehensive Environmental Re- eral law; and review and, if necessary, comment on the sponse, Compensation, and Liability Act of (5) any other applicable provision of State, grant of the Good Samaritan permit; 1980 (42 U.S.C. 9621). Tribal, or local law. (C) in the case of a project proposed to be (2) ACTIVITIES NOT RELATING TO REMEDI- (p) GRANT ELIGIBILITY.—A remediation carried out under the Good Samaritan per- ATION.— project conducted under a Good Samaritan mit partially or entirely on land owned by (A) IN GENERAL.—A Good Samaritan or any permit shall be eligible for funding pursuant the United States— cooperating person that carries out any ac- to— (i) the head of the Federal land manage- tivity relating to mineral exploration, proc- (1) section 319 of the Federal Water Pollu- ment agency with jurisdiction over that land essing, beneficiation, or mining, including tion Control Act (33 U.S.C. 1329); and reviews and concurs with the grant of the development, that is not authorized by the (2) section 104(k) of the Comprehensive En- Good Samaritan permit; and applicable Good Samaritan permit shall be vironmental Response, Compensation, and (ii) the Good Samaritan has entered into subject to all applicable law. Liability Act of 1980 (42 U.S.C. 9604(k)). any applicable special use permit or other (B) LIABILITY.—Any activity not author- (q) EMERGENCY AUTHORITY AND LIABILITY.— land use agreement with the Federal land ized by a Good Samaritan permit, as deter- (1) EMERGENCY AUTHORITY.—Nothing in management agency pursuant to applicable mined by the Administrator, may be subject this section affects the authority of— Federal land management law; and to liability and enforcement under all appli- (A) the Administrator to take any respon- (D) the Administrator has provided— cable law, including— sive action authorized by law; or (i) notice under subsection (l); and (i) the Federal Water Pollution Control (B) a Federal, State, Tribal, or local agen- (ii) a period of public comment and a pub- Act (33 U.S.C. 1251 et seq.); and cy to carry out any emergency authority, in- lic hearing under that subsection, if re- (ii) the Comprehensive Environmental Re- cluding an emergency authority provided quested. sponse, Compensation, and Liability Act of under Federal, State, Tribal, or local law. (2) RELATION TO NEPA.— 1980 (42 U.S.C. 9601 et seq.). (2) LIABILITY.—Except as specifically pro- (A) IN GENERAL.—The grant or modifica- (3) NO ENFORCEMENT LIABILITY.— vided in this subtitle, nothing in this sub- tion of a Good Samaritan permit by the Ad- (A) DISCHARGES.—Subject to subparagraphs title or a Good Samaritan permit limits the ministrator shall not be considered a major (B) and (C), a Good Samaritan, recipient of liability of any person (including a Good Sa- Federal action significantly affecting the an investigative sampling permit, passive maritan or any cooperating person) under quality of the human environment for pur- landowner, or cooperating person that is any provision of law. poses of section 102 of the National Environ- conducting remediation pursuant to a Good (r) TERMINATION OF AUTHORITY.— mental Policy Act (42 U.S.C. 4332). Samaritan permit shall not be subject to en- (1) TERMINATION.— (B) LIMITATION.—Nothing in this paragraph forcement, civil or criminal penalties, cit- (A) IN GENERAL.—Except as provided in exempts the Secretary of Agriculture or the izen suits, or any other liability (including subparagraph (B), the authority to grant Secretary of the Interior, as applicable, from any liability for response costs, natural re- Good Samaritan permits pursuant to this any other requirements of section 102 of the source damage, or contribution) under the subtitle shall terminate on the date that is 7 National Environmental Policy Act (42 Federal Water Pollution Control Act (33 years after the date of enactment of this U.S.C. 4332). U.S.C. 1251 et seq.) (including under any law Act. (3) DEADLINE.— or regulation administered by a State or In- (B) EXCEPTION.—Notwithstanding subpara- (A) IN GENERAL.—The Administrator shall dian tribe under that Act) or the Comprehen- graph (A), the Administrator may grant a grant or deny a Good Samaritan permit by sive Environmental Response, Compensa- Good Samaritan permit pursuant to this sub- not later than— tion, and Liability Act of 1980 (42 U.S.C. 9601 title after the date identified in subpara- (i) the date that is 180 days after the date et seq.) for any actions undertaken or for graph (A) if the application for the Good Sa- of receipt by the Administrator of an appli- any past, present, or future releases, threats maritan permit— cation for the Good Samaritan permit that, of releases, or discharges of hazardous sub- (i) was submitted not later than 180 days as determined by the Administrator, is com- stances, pollutants, or contaminants at or before that date; and

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(ii) was completed in accordance with sub- (1), (2), and (3) of subsection (n) shall con- (e) LIMITATION.—Amounts in each Fund section (e)(1) by not later than 7 years after tinue to apply to the Good Samaritan, the may only be used for the Good Samaritan the date of enactment of this Act. recipient of an investigative sampling per- project for which the funds were deposited. (2) EFFECT ON CERTAIN PERMITS.—Any Good mit, and any cooperating persons after the SEC. 9005. REPORT TO CONGRESS. Samaritan permit granted by the deadline termination. (a) IN GENERAL.—Not later than 8 years prescribed in subparagraph (A) or (B) of para- (5) LONG-TERM OPERATIONS AND MAINTE- after the date of enactment of this Act, the graph (1), as applicable, that is in effect on NANCE.—In the case of a project that involves Administrator, in consultation with the the date that is 7 years after the date of en- long-term operations and maintenance at an heads of Federal land management agencies, actment of this Act shall remain in effect orphan mine site located on land owned by shall submit to the Committee on Environ- after that date in accordance with— the United States, the project may be con- ment and Public Works of the Senate and (A) the terms and conditions of the Good sidered complete and the Administrator may the Committees on Transportation and In- Samaritan permit; and terminate the Good Samaritan permit under frastructure, Energy and Commerce, and (B) this subtitle. this subsection if the applicable Good Sa- Natural Resources of the House of Rep- (3) TERMINATION OF PERMIT.— maritan has entered into an agreement with resentatives a report evaluating the Good (A) IN GENERAL.—A Good Samaritan permit the applicable Federal land management Samaritan pilot program under this subtitle. shall terminate, as applicable— agency or a cooperating person for the long- (b) INCLUSIONS.—The report under sub- (i) on inspection and notice from the Ad- term operations and maintenance that in- section (a) shall include— ministrator to the recipient of the Good Sa- cludes sufficient funding for the long-term (1) a description of— maritan permit that the permitted work has operations and maintenance. (A) the number, types, and objectives of been completed in accordance with the terms (s) REGULATIONS.— Good Samaritan permits granted pursuant to of the Good Samaritan permit, as deter- (1) IN GENERAL.—Subject to paragraph (2), this subtitle; and mined by the Administrator; not later than 1 year after the date of enact- (B) each remediation project authorized by (ii) if the Administrator terminates a per- ment of this Act, the Administrator, in con- those Good Samaritan permits; mit under paragraph (4)(B)(i); or sultation with the Secretary of the Interior (2) qualitative and quantitative data on (iii) except as provided in subparagraph and the Secretary of Agriculture, and appro- the results achieved under the Good Samari- (B)— priate State, Tribal, and local officials, shall tan permits before the date of issuance of the (I) on the date that is 18 months after the promulgate regulations to establish— report; date on which the Administrator granted the (A) requirements for remediation plans de- (3) a description of— Good Samaritan permit, if the permitted scribed in subsection (c); and (A) any problems encountered in admin- work has not commenced by that date; or (B) any other requirement that the Admin- (II) if the grant of the Good Samaritan per- istering this subtitle; and istrator determines to be necessary to carry mit was the subject of a petition for judicial (B) whether the problems have been or can review, on the date that is 18 months after out this subtitle. be remedied by administrative action (in- the date on which the judicial review, includ- (2) SPECIFIC REQUIREMENTS BEFORE PROMUL- cluding amendments to existing law); ing any appeals, has concluded, if the per- GATION OF REGULATIONS.—Before the date on (4) a description of progress made in mitted work has not commenced by that which the Administrator promulgates regu- achieving the purposes of this subtitle; and date. lations under paragraph (1), the Adminis- (5) recommendations on whether the Good (B) EXTENSION.— trator may establish, on a case-by-case basis, Samaritan pilot program under this subtitle (i) IN GENERAL.—If the Administrator is specific requirements that the Adminis- should be continued, including a description otherwise required to terminate a Good Sa- trator determines would facilitate the imple- of any modifications (including amendments maritan permit under subparagraph (A)(iii), mentation of this subsection with respect to to existing law) required to continue admin- the Administrator may grant an extension of a Good Samaritan permitting program. istering this subtitle. the Good Samaritan permit. SEC. 9004. SPECIAL ACCOUNTS. Subtitle B—Other Matters (ii) LIMITATION.—Any extension granted (a) ESTABLISHMENT.—There is established under clause (i) shall be not more than 180 in the Treasury of the United States a Good Mr. PORTMAN (for himself, days for each extension. SA 134. Samaritan Mine Remediation Fund (referred Mr. WARNER, Mr. ALEXANDER, Mr. (4) UNFORESEEN CIRCUMSTANCES.— to in this section as a ‘‘Fund’’) for each Fed- KING, Mr. TILLIS, Ms. COLLINS, Mr. (A) IN GENERAL.—The recipient of a Good eral land management agency that author- Samaritan permit or investigative sampling izes a Good Samaritan to conduct a project DAINES, Mr. CRAMER, and Mr. GARDNER) permit may seek to modify or terminate the on Federal land under the jurisdiction of submitted an amendment intended to Good Samaritan permit or investigative that Federal land management agency under be proposed to amendment SA 111 sub- sampling permit to take into account any a Good Samaritan permit. mitted by Ms. MURKOWSKI (for herself event or condition that— and Mr. MANCHIN) and intended to be (i) significantly reduces the feasibility or (b) DEPOSITS.—Each Fund shall consist of— significantly increases the cost of com- (1) amounts provided in appropriation proposed to the bill S. 47, to provide for pleting the remediation project that is the Acts; the management of the natural re- subject of the Good Samaritan permit or in- (2) any reimbursements for the costs of sources of the United States, and for vestigative sampling permit; oversight received under section other purposes; which was ordered to (ii) was not— 9003(f)(5)(B)(ii); lie on the table; as follows: (3) any financial assurance funds collected (I) reasonably contemplated by the recipi- At the end of subtitle E of title II, add the ent of the permit; or from an agreement described in section following: (II) taken into account in the remediation 9003(m)(1)(A)(vi)(V)(bb); plan of the recipient of the permit; and (4) any funds collected for long-term oper- SEC. 24llll. NATIONAL PARK SERVICE LEG- ACY RESTORATION FUND. (iii) is beyond the control of the recipient ations and maintenance under an agreement (a) IN GENERAL.—Chapter 1049 of title 54, of the permit, as determined by the Adminis- under section 9003(r)(5); United States Code (as amended by section trator. (5) any interest earned under an invest- 2410(a)), is amended by adding at the end the (B) TERMINATION.— ment under subsection (c); and following: (i) IN GENERAL.—Subject to subsection (6) any proceeds from the sale or redemp- (n)(3), the Administrator shall terminate a tion of investments held in the Fund. ‘‘§ 104910. National park service legacy res- Good Samaritan permit or investigative (c) UNUSED FUNDS.—Amounts in each Fund toration fund sampling permit if— not currently needed to carry out this sub- ‘‘(a) DEFINITIONS.—In this section: (I) the recipient of the permit seeks termi- title shall be— ‘‘(1) FUND.—The term ‘Fund’ means the Na- nation of the permit under subparagraph (A); (1) maintained as readily available or on tional Park Service Legacy Restoration (II) the factors described in subparagraph deposit; Fund established by subsection (b). (A) are satisfied; and (2) invested in obligations of the United ‘‘(2) PROJECT.—The term ‘project’ means (III) the Administrator determines that re- States or guaranteed by the United States; the overall plan of remediation of deferred mediation activities conducted by the Good or maintenance for an asset, which may include Samaritan or person pursuant to the Good (3) invested in obligations, participations, resolving directly related infrastructure de- Samaritan permit or investigative sampling or other instruments that are lawful invest- ficiencies of the asset. permit, respectively, may result in surface ments for a fiduciary, a trust, or public ‘‘(b) ESTABLISHMENT.—There is established water quality conditions, or any other envi- funds. in the Treasury of the United States a fund, ronmental conditions, that will be worse (d) RETAIN AND USE AUTHORITY.—Each to be known as the ‘National Park Service than the baseline conditions, as described in head of a Federal land management agency, Legacy Restoration Fund’. subsection (c)(6), as applicable. as appropriate, may, notwithstanding any ‘‘(c) DEPOSITS.— (ii) EFFECT OF TERMINATION.—Notwith- other provision of law, retain and use money ‘‘(1) IN GENERAL.—Except as provided in standing the termination of a Good Samari- deposited in the applicable Fund without fis- paragraph (2), for each of fiscal years 2019 tan permit or investigative sampling permit cal year limitation for the purpose of car- through 2023, there shall be deposited in the under clause (i), the provisions of paragraphs rying out this subtitle. Fund an amount equal to 50 percent of all

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.064 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1017 energy development revenues due and pay- ‘‘(h) SUBMISSION TO CONGRESS.—The Sec- SA 111 submitted by Ms. MURKOWSKI able to the United States from oil, gas, coal, retary shall submit to the Committee on En- (for herself and Mr. MANCHIN) and in- or alternative or renewable energy develop- ergy and Natural Resources of the Senate tended to be proposed to the bill S. 47, ment on Federal land and water that would and the Committee on Natural Resources of to provide for the management of the otherwise be credited, covered, or deposited the House of Representatives, as part of the as miscellaneous receipts under Federal law. annual budget submission of the President, a natural resources of the United States, ‘‘(2) MAXIMUM AMOUNT.—The amount de- list of projects for which the amounts in the and for other purposes; which was or- posited in the Fund under paragraph (1) shall Fund are allocated under this section, in- dered to lie on the table; as follows: not exceed $1,300,000,000 for any fiscal year. cluding a description of each project. At the appropriate place, insert the fol- ‘‘(3) EFFECT ON OTHER REVENUES.—Nothing ‘‘(i) PUBLIC DONATIONS.— lowing: in this section affects the disposition of reve- ‘‘(1) IN GENERAL.—The Secretary and the SEC. lll. REISSUANCE OF FINAL RULE RE- nues that— Director may accept public cash or in-kind GARDING GRAY WOLVES IN WEST- ‘‘(A) are due to the United States, special donations that advance efforts— ERN GREAT LAKES. funds, trust funds, or States from mineral ‘‘(A) to reduce the deferred maintenance Before the end of the 60-day period begin- and energy development on Federal land and backlog of the Service; and ning on the date of enactment of this Act, water; or ‘‘(B) to encourage relevant public-private the Secretary of the Interior shall reissue ‘‘(B) have been otherwise appropriated partnerships. the final rule published on December 28, 2011 under Federal law, including the Gulf of ‘‘(2) CREDITS TO FUND.—Any cash donations (76 Fed. Reg. 81666), without regard to any Mexico Energy Security Act of 2006 (43 accepted under paragraph (1) shall be cred- other provision of statute or regulation that U.S.C. 1331 note; Public Law 109–432), the ited to, and form a part of, the Fund. applies to issuance of such rule. Such Mineral Leasing Act (30 U.S.C. 181 et seq.), ‘‘(3) REPORTING.—Each donation received reissuance shall not be subject to judicial re- and chapter 2003. under paragraph (1) that is used for, or di- view. ‘‘(d) AVAILABILITY OF FUNDS.—Amounts de- rectly related to, the reduction of the de- SEC. lll. REISSUANCE OF FINAL RULE RE- posited in the Fund shall be available to the ferred maintenance backlog of the Service GARDING GRAY WOLVES IN WYO- MING. Secretary without further appropriation or shall be included with the annual budget The final rule published on September 10, fiscal year limitation. submission of the President to Congress.’’. ‘‘(e) INVESTMENT OF AMOUNTS.— 2012 (77 Fed. Reg. 55530) that was reinstated (b) CLERICAL AMENDMENT.—The table of ‘‘(1) IN GENERAL.—The Secretary may re- on March 3, 2017, by the decision of the U.S. sections for chapter 1049 of title 54, United Court of Appeals for the District of Columbia quest the Secretary of the Treasury to invest States Code (as amended by section 2410(b)), any portion of the Fund that is not, as deter- (No. 14–5300) and further republished on May is amended by adding at the end the fol- 1, 2017 (82 Fed. Reg. 20284–85) that reinstates mined by the Secretary, required to meet the lowing: current needs of the Fund. the removal of Federal protections for the ‘‘104910. National Park Service Legacy Res- ‘‘(2) REQUIREMENT.—An investment re- gray wolf in Wyoming under the Endangered quested under paragraph (1) shall be made by toration Fund.’’. Species Act of 1973, as amended, shall not be the Secretary of the Treasury in a public subject to judicial review. debt security— SA 135. Ms. MCSALLY (for herself ‘‘(A) with a maturity suitable to the needs and Ms. SINEMA) submitted an amend- SA 137. Mr. BARRASSO submitted an of the Fund, as determined by the Secretary; ment intended to be proposed to amendment intended to be proposed to and amendment SA 111 submitted by Ms. amendment SA 111 submitted by Ms. ‘‘(B) bearing interest at a rate determined MURKOWSKI (for herself and Mr. MURKOWSKI (for herself and Mr. by the Secretary of the Treasury, taking MANCHIN) and intended to be proposed MANCHIN) and intended to be proposed into consideration current market yields on to the bill S. 47, to provide for the man- to the bill S. 47, to provide for the man- outstanding marketable obligations of the agement of the natural resources of the agement of the natural resources of the United States of comparable maturity. United States, and for other purposes; United States, and for other purposes; ‘‘(3) CREDITS TO FUND.—The income on in- which was ordered to lie on the table; vestments of the Fund under this subsection which was ordered to lie on the table; shall be credited to, and form a part of, the as follows: as follows: Fund. On page 163, between lines 14 and 15, insert On page 236, line 9, insert ‘‘, including full ‘‘(f) USE OF FUNDS.—Amounts in the Fund the following: development of any apportionment made in shall be used for the priority deferred main- accordance with any interstate water com- SEC. 1124. COCONINO NATIONAL FOREST, ARI- pact’’ after ‘‘Act’’. tenance needs of the Service, as determined ZONA. by the Secretary, to carry out repair, res- (a) DEFINITIONS.—In this section: toration, or rehabilitation projects as fol- SA 138. Mr. BARRASSO submitted an (1) OBSERVATORY.—The term ‘‘Observ- lows: amendment intended to be proposed to atory’’ means the Lowell Observatory in ‘‘(1) Not less than 65 percent of amounts in Flagstaff, Arizona. amendment SA 111 submitted by Ms. the Fund shall be allocated for non-transpor- (2) SECRETARY.—The term ‘‘Secretary’’ MURKOWSKI (for herself and Mr. tation projects, including— means the Secretary of Agriculture, acting MANCHIN) and intended to be proposed ‘‘(A) historic structures, facilities, and through the Chief of the Forest Service. to the bill S. 47, to provide for the man- other historic assets; (b) RELEASE OF REVERSIONARY AND RE- ‘‘(B) structures, facilities, and other non- agement of the natural resources of the SERVED INTERESTS.— historic assets that relate directly to the vis- United States, and for other purposes; (1) IN GENERAL.—Subject to valid existing itor experience, including— which was ordered to lie on the table; rights, if the Observatory makes a written ‘‘(i) access, including making facilities ac- as follows: request to the Secretary for conveyance of cessible to visitors with disabilities; the parcel of land described in paragraph (2) At the end of title IX, add the following: ‘‘(ii) health and safety; and not later than 180 days after the date of en- SEC. 90ll. REDUCTION IN ROYALTY RATE ON ‘‘(iii) recreation; and actment of this Act, the Secretary shall con- SODA ASH. ‘‘(C) administrative facilities, water and vey to the Observatory, without consider- Notwithstanding section 102(a)(9) of the utility systems, and employee housing. ation and by quitclaim deed, all right, title, Federal Land Policy and Management Act of ‘‘(2) The remaining amounts in the Fund and interest of the United States in and to 1976 (43 U.S.C. 1701(a)(9)), section 24 of the may be allocated to road, bridge, tunnel, or that parcel of land. Mineral Leasing Act (30 U.S.C. 262), and the other transportation-related projects that terms of any lease under that Act, the roy- (2) LAND DESCRIBED.—The parcel of land to may be eligible for funding made available to be conveyed under paragraph (1) is the Na- alty rate on the quantity or gross value of the Service through— tional Forest System land— the output of sodium compounds and related ‘‘(A) the transportation program under sec- (A) conveyed by the United States to Per- products at the point of shipment to market tion 203 of title 23; or cival Lowell and his heirs by the Act entitled from Federal land in the 1-year period begin- ‘‘(B) any similar Federal land highway pro- ‘‘An Act granting certain lands in the ning on the date of enactment of this Act gram administered by the Secretary of Coconino National Forest, in Arizona, for ob- shall be 4 percent. Transportation. servatory purposes’’, approved May 30, 1910 ‘‘(g) PROHIBITED USE OF FUNDS.—No SA 139. Mr. CASSIDY (for himself, amounts in the Fund shall be used— (36 Stat. 452; chapter 261); and (B) described as sec. 17, T. 21 N., R. 7 E., of Mr. JONES, Mr. KENNEDY, and Mr. ‘‘(1) for land acquisition; WICKER) submitted an amendment in- ‘‘(2) to supplant discretionary funding the Gila and Salt River base and meridian in Coconino County, Arizona. tended to be proposed by him to the made available for the annually recurring fa- bill S. 47, to provide for the manage- cility operations, maintenance, and con- struction needs of the Service; or SA 136. Mr. JOHNSON (for himself, ment of the natural resources of the ‘‘(3) for bonuses for employees of the Fed- Ms. BALDWIN, Mr. BARRASSO, and Mr. United States, and for other purposes; eral Government that are carrying out this ENZI) submitted an amendment in- which was ordered to lie on the table; section. tended to be proposed to amendment as follows:

VerDate Sep 11 2014 04:50 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.054 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1018 CONGRESSIONAL RECORD — SENATE February 6, 2019 At the end of title IX, add the following: (b) DESCRIPTION OF LAND.—The National and for other purposes; which was or- SEC. 90ll. AMENDMENTS TO THE GULF OF MEX- Forest System land referred to in subsection dered to lie on the table; as follows: ICO ENERGY SECURITY ACT OF 2006. (a) consists of National Forest System land At the end of title VII, add the following: (a) IN GENERAL.—Section 105(a) of the Gulf that— of Mexico Energy Security Act of 2006 (43 (1) is located along U.S. Highway No. 27 SECTION 70ll. CORRECTION TO MAP. U.S.C. 1331 note; Public Law 109–432) is from Burnside, Kentucky, through the Dan- (a) IN GENERAL.—Not later than 30 days amended— iel Boone National Forest to the point at after the date of enactment of this Act, the (1) in paragraph (1), by striking ‘‘50’’ and which U.S. Highway No. 27 crosses into the Secretary of the Interior shall make such inserting ‘‘37.5’’; and State of Tennessee, as depicted on the map corrections to the map described in sub- (2) in paragraph (2)— prepared under subsection (c); and section (b) as are necessary to exclude lots (A) in the matter preceding subparagraph (2) is identified for disposal by the Sec- from unit L06 of the John H. Chafee Coastal (A), by striking ‘‘50’’ and inserting ‘‘62.5’’; retary. Barrier Resources System in North Topsail Beach, North Carolina, that were serviced by (B) in subparagraph (A), by striking ‘‘75’’ (c) MAP.—As soon as practicable after the and inserting ‘‘80’’; and date of enactment of this Act, the Secretary infrastructure, as described in subsection (c), (C) in subparagraph (B), by striking ‘‘25’’ shall prepare a map of the National Forest installed along North Carolina Highway 210 and inserting ‘‘20’’. System land referred to in subsection (b)(1). and New River Inlet Road as of the date of (b) LIMITATIONS ON AUTHORIZED USES.—Sec- (d) CONSIDERATION.—The sale of National enactment of the Coastal Barrier Resources tion 105(d) of the Gulf of Mexico Energy Se- Forest System land under subsection (a) Act (16 U.S.C. 3501 et seq.). curity Act of 2006 (43 U.S.C. 1331 note; Public shall be for not less than fair market value. (b) MAPS DESCRIBED.—The map referred to Law 109–432) is amended— in subsection (a) is a map that— (1) in paragraph (1), by adding at the end SA 142. Mr. UDALL (for himself and (1) is included in a set of maps as part of the John H. Chafee Coastal Barrier Re- the following: Mr. HEINRICH) submitted an amend- ‘‘(F) Planning, engineering, design, con- sources System entitled ‘‘John H. Chafee ment intended to be proposed to Coastal Barrier Resources System’’ and struction, operations, and maintenance of 1 amendment SA 111 submitted by Ms. or more projects that are specifically au- dated December 21, 2018; and thorized by any other Act for ecosystem res- MURKOWSKI (for herself and Mr. (2) relates to unit L06 of the John H. toration, hurricane protection, or flood dam- MANCHIN) and intended to be proposed Chafee Coastal Barrier Resources System. age prevention.’’; and to the bill S. 47, to provide for the man- (c) INFRASTRUCTURE DESCRIBED.— (2) by striking paragraph (2) and inserting agement of the natural resources of the (1) IN GENERAL.—Subject to paragraph (2), the following: United States, and for other purposes; the infrastructure referred to in subsection (a)(1) is infrastructure that meets the cri- ‘‘(2) LIMITATION.—Of the amounts received which was ordered to lie on the table; teria described in section 4(g)(1)(B) of the by a Gulf producing State or coastal polit- as follows: ical subdivision under subsection (b)— Coastal Barrier Resources Act (16 U.S.C. At the end of part I of subtitle C of title I, ‘‘(A) not more than 3 percent shall be used 3503(g)(1)(B)). add the following: for the purposes described in paragraph (2) INCLUSION.—For purposes of paragraph (1)(E); and SEC. 12lll. WITHDRAWAL OF CERTAIN FED- (1), North Carolina Highway 210 and New ‘‘(B) not less than 25 percent shall be used ERAL LAND IN THE STATE OF NEW River Inlet Road shall be considered to meet MEXICO. for the purposes described in paragraph the criteria described in section 4(g)(1)(B)(i) (a) DEFINITIONS.—In this section: (1)(F), which shall be applied proportionally of the Coastal Barrier Resources Act (16 (1) FEDERAL LAND.—The term ‘‘Federal to the Federal and non-Federal share appli- U.S.C. 3503(g)(1)(B)(i)). land’’ means— cable to the project.’’. (A) any Federal land or interest in Federal (c) REPEAL OF LIMITATION.—Section 105 of SA 144. Mr. BLUNT submitted an the Gulf of Mexico Energy Security Act of land that is within the boundaries of the amendment intended to be proposed to 2006 (43 U.S.C. 1331 note; Public Law 109–432) Chaco Cultural Heritage Withdrawal Area, as amendment SA 111 submitted by Ms. depicted on the Map; and is amended by striking subsection (f). MURKOWSKI (for herself and Mr. (B) any land or interest in land located within the boundaries of the Chaco Cultural MANCHIN) and intended to be proposed SA 140. Mr. PAUL submitted an to the bill S. 47, to provide for the man- amendment intended to be proposed by Heritage Withdrawal Area, as depicted on the Map, that is acquired by the Federal agement of the natural resources of the him to the bill S. 47, to provide for the Government after the date of enactment of United States, and for other purposes; management of the natural resources this Act. which was ordered to lie on the table; of the United States, and for other pur- (2) MAP.—The term ‘‘Map’’ means the map as follows: poses; which was ordered to lie on the prepared by the Bureau of Land Management In section 2109, strike subsection (a) and table; as follows: entitled ‘‘Chaco Cultural Heritage With- insert the following: drawal Area’’ and dated May 14, 2018. At the end of subtitle B of title I, add the (a) STE. GENEVIEVE NATIONAL HISTORICAL (b) WITHDRAWAL.—Subject to any valid ex- following: PARK.—Section 7134(e)(1) of the Energy and SEC. 11lll. ACCESS TO WATERWAYS IN THE isting rights, the Federal land is withdrawn Natural Resources Act of 2017 (as enacted DANIEL BOONE NATIONAL FOREST, from— into law by section 121(a)(2) of division G of KENTUCKY. (1) all forms of entry, appropriation, and the Consolidated Appropriations Act, 2018 The Secretary of Agriculture shall allow disposal under the public land laws; (Public Law 115–141)) is amended, in the mat- access to the waterways feeding into Lake (2) location, entry, and patent under min- ter preceding subparagraph (A), by striking Cumberland through the Daniel Boone Na- ing laws; and ‘‘any nationally significant property identi- tional Forest in Rockcastle County, Pulaski (3) operation of the mineral leasing, min- fied in the special resource study within’’ County, Laurel County, Wayne County, eral materials, and geothermal leasing laws. and inserting ‘‘any property within’’. McCreary County, and Whitley County, Ken- (c) AVAILABILITY OF MAP.—The Map shall tucky, for the purpose of installing docks, be made available for inspection at each ap- SA 145. Mr. KENNEDY (for himself, propriate office of the Bureau of Land Man- boat slips, and marinas. Mr. CASSIDY, and Mr. HEINRICH) sub- agement. mitted an amendment intended to be SA 141. Mr. PAUL submitted an (d) EFFECT OF ACT.—Nothing in this sec- amendment intended to be proposed by tion— proposed to amendment SA 111 sub- him to the bill S. 47, to provide for the (1) affects the mineral rights of a Tribe or mitted by Ms. MURKOWSKI (for herself management of the natural resources member of a Tribe to trust land or allotment and Mr. MANCHIN) and intended to be land; or of the United States, and for other pur- proposed to the bill S. 47, to provide for (2) precludes improvements to, or rights- the management of the natural re- poses; which was ordered to lie on the of-way for water, power, or road development table; as follows: sources of the United States, and for on, the Federal land to assist communities other purposes; which was ordered to At the end of subtitle A of title I, add the adjacent to or in the vicinity of the Federal following land. lie on the table; as follows: SEC. 10llll. SALE OF CERTAIN NATIONAL At the appropriate place, insert the fol- FOREST SYSTEM LAND IN THE DAN- SA 143. Mr. TILLIS (for himself and lowing: IEL BOONE NATIONAL FOREST. Mr. BURR) submitted an amendment in- SEC. lll. NORTH AMERICAN WETLANDS CON- (a) IN GENERAL.—The Secretary of Agri- tended to be proposed to amendment SERVATION ACT REAUTHORIZATION. culture (referred to in this section as the Section 7(c) of the North American Wet- SA 111 submitted by Ms. MURKOWSKI ‘‘Secretary’’) shall, in accordance with any lands Conservation Act (16 U.S.C. 4406(c)) is other applicable law and subject to valid ex- (for herself and Mr. MANCHIN) and in- amended by striking ‘‘not to exceed—’’ and isting rights, conduct 1 or more sales of the tended to be proposed to the bill S. 47, all that follows through paragraph (5) and in- National Forest System land described in to provide for the management of the serting ‘‘not to exceed $60,000,000 for each of subsection (b) to qualified bidders. natural resources of the United States, fiscal years 2020 through 2024.’’.

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.054 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1019 SA 146. Mr. KENNEDY submitted an inserting after section 2 (as redesignated by (1) for each of fiscal years 2017 through 2019, amendment intended to be proposed to subsection (b)(1)) the following: including an accounting of holdings and ex- amendment SA 111 submitted by Ms. ‘‘SEC. 3. MAINTENANCE AND REPAIR OF CERTAIN penditures by each Federal agency with re- FACILITIES. spect to the land holdings. MURKOWSKI (for herself and Mr. ‘‘(a) DEFINITION OF COVERED CONCESSION MANCHIN) and intended to be proposed ACTIVITY.— SA 150. Mr. LEE submitted an to the bill S. 47, to provide for the man- ‘‘(1) IN GENERAL.—In this section, the term amendment intended to be proposed to agement of the natural resources of the ‘covered concession activity’ means a com- amendment SA 111 submitted by Ms. United States, and for other purposes; mercial activity conducted to provide ac- MURKOWSKI (for herself and Mr. which was ordered to lie on the table; commodations, facilities, or services to MANCHIN) and intended to be proposed as follows: members of the public who are visiting land to the bill S. 47, to provide for the man- At the appropriate place, insert the fol- or water in the System for the purpose of agement of the natural resources of the lowing: providing those members of the public rec- United States, and for other purposes; reational, educational, or interpretive enjoy- SEC. lll. EMERALD ASH BORER PLAN. ment of the land or water. which was ordered to lie on the table; Each Secretary concerned (as defined in ‘‘(2) EXCLUSION.— as follows: section 10(a) of the Fish and Wildlife Coordi- ‘‘(A) IN GENERAL.—The term ‘covered con- Strike sections 1222 through 1232 and insert nation Act (16 U.S.C. 661 et seq.)) shall expe- cession activity’ does not include— the following: dite any action necessary to develop and ‘‘(i) any activity carried out under a pro- SEC. 1222. MANAGEMENT OF RECREATION AREA. carry out a plan to combat the emerald ash curement contract, grant agreement, memo- (a) IN GENERAL.—The Secretary shall ad- borer on land administered by the Secretary randum of understanding, or cooperative minister the Recreation Area— concerned. agreement; (1) in a manner that conserves, protects, and enhances the purposes for which the Mr. KENNEDY submitted an ‘‘(ii) the performance of volunteer services; SA 147. ‘‘(iii) any activity by a governmental enti- Recreation Area is established; and amendment intended to be proposed to ty; or (2) in accordance with— amendment SA 111 submitted by Ms. ‘‘(iv) except as provided in subparagraph (A) this section; MURKOWSKI (for herself and Mr. (B), the performance of any guide or out- (B) the Federal Land Policy and Manage- MANCHIN) and intended to be proposed fitter services authorized by any permit or ment Act of 1976 (43 U.S.C. 1701 et seq.); and to the bill S. 47, to provide for the man- other authorization issued by the Secretary, (C) other applicable laws. including services relating to fishing, hunt- (b) USES.—The Secretary shall allow only agement of the natural resources of the uses of the Recreation Area that are con- United States, and for other purposes; ing, boating, sightseeing, hiking, or camp- ing. sistent with the purposes for which the which was ordered to lie on the table; Recreation Area is established. ‘‘(B) EXCEPTION.—Clause (iv) of subpara- (c) MANAGEMENT PLAN.— as follows: graph (A) does not include the construction, (1) IN GENERAL.—Not later than 5 years At the appropriate place, insert the fol- maintenance, or occupancy of any signifi- after the date of enactment of this Act, the lowing: cant structure or facility. Secretary shall develop a comprehensive SEC. lll. STUDY ON EFFECTS OF FLOODING OF ‘‘(b) MAINTENANCE AND REPAIR.— management plan for the long-term protec- AGRICULTURAL FIELDS. ‘‘(1) IN GENERAL.—Notwithstanding any tion and management of the Recreation Not later than 2 years after the date of en- other provision of law, the Secretary shall Area. actment of this Act, the Secretary shall include in each contract that authorizes a (2) REQUIREMENTS.—The Management Plan carry out, and submit to Congress a report person to use any land or water in the Sys- shall— describing the results of, a study on the ef- tem for a covered concession activity provi- (A) describe the appropriate uses and man- fects of the flooding of agricultural fields for sions that— agement of the Recreation Area; non-agricultural purposes on duck migra- ‘‘(A) authorize the person to maintain or (B) be developed with extensive public tion. repair any improvement on or in the land or input; water that the person is authorized to use for (C) take into consideration any informa- SA 148. Mr. KENNEDY submitted an that activity; and tion developed in studies of the land within amendment intended to be proposed to ‘‘(B) treat costs incurred by the person for the Recreation Area; and the maintenance or repair described in sub- amendment SA 111 submitted by Ms. (D) be developed fully consistent with the paragraph (A) as consideration otherwise re- MURKOWSKI (for herself and Mr. settlement agreement entered into on Janu- quired to be paid to the United States for MANCHIN) and intended to be proposed ary 13, 2017, in the case in the United States that use. to the bill S. 47, to provide for the man- District Court for the District of Utah styled ‘‘(2) DIRECT RELATION.—Nothing in this ‘‘Southern Utah Wilderness Alliance, et al. v. agement of the natural resources of the subsection authorizes any maintenance or U.S. Department of the Interior, et al.’’ and United States, and for other purposes; repair that is not directly related to a cov- numbered 2:12–cv–257 DAK. which was ordered to lie on the table; ered concession activity authorized by a con- (d) MOTORIZED VEHICLES; EXISTING as follows: tract described in paragraph (1). ROADS.— ‘‘(3) TITLE.—The United States shall retain At the appropriate place, insert the fol- (1) MOTORIZED VEHICLES.—Except as needed lowing: title to all property that is maintained or re- for emergency response or administrative SEC. lll. CONCESSION CONTRACTS IN THE NA- paired under this subsection.’’. purposes, the use of motorized vehicles in TIONAL WILDLIFE REFUGE SYSTEM. (d) CONFORMING AMENDMENT.—Section 12 of the Recreation Area shall be permitted only (a) SHORT TITLE.—Section 4 of the National Public Law 91–135 (83 Stat. 282) is amended on roads and motorized routes designated in Wildlife Refuge System Administration Act by striking subsection (f). the Management Plan for the use of motor- of 1966 (16 U.S.C. 668dd) is amended by strik- ized vehicles. SA 149. Mr. BRAUN (for himself and ing the section designation and all that fol- (2) EXISTING ROADS.— lows through ‘‘For the purpose of’’ in the Mr. TOOMEY) submitted an amendment (A) IN GENERAL.—Necessary maintenance first sentence of subsection (a)(1) and insert- intended to be proposed to amendment or repairs to existing roads designated in the ing the following: SA 111 submitted by Ms. MURKOWSKI Management Plan for the use of motorized ‘‘SECTION 1. SHORT TITLE. (for herself and Mr. MANCHIN) and in- vehicles, including necessary repairs to keep ‘‘This Act may be cited as the ‘National tended to be proposed to the bill S. 47, existing roads free of debris or other safety Wildlife Refuge System Administration Act to provide for the management of the hazards, shall be permitted after the date of of 1966’. natural resources of the United States, enactment of this Act, consistent with the ‘‘SEC. 4. NATIONAL WILDLIFE REFUGE SYSTEM and for other purposes; which was or- requirements of this section. DESIGNATION. (B) EFFECT.—Nothing in this subsection ‘‘(a) DESIGNATION.— dered to lie on the table; as follows: prevents the Secretary from rerouting an ex- ‘‘(1) IN GENERAL.—For the purpose of’’. On page 695 of the amendment, after line isting road or trail to protect Recreation (b) DEFINITIONS.—The National Wildlife 22, add the following: Area resources from degradation or to pro- Refuge System Administration Act of 1966 is SEC. 90ll. REPORT ON MAINTAINING FEDERAL tect public safety, as determined to be appro- amended— LAND HOLDINGS. priate by the Secretary. (1) by redesignating section 5 (16 U.S.C. Not later than 120 days after the date on (e) GRAZING.— 668ee) as section 2; and which the President submits to Congress the (1) IN GENERAL.—The grazing of livestock (2) by moving section 2 (as so redesignated) budget of the United States for fiscal year in the Recreation Area, if established before so as to appear after section 1 (as added by 2020, the President shall submit to Congress the date of enactment of this Act, shall be subsection (a)). a report that describes— allowed to continue, subject to such reason- (c) CONCESSION CONTRACTS.—The National (1) all Federal land holdings; and able regulations, policies, and practices as Wildlife Refuge System Administration Act (2) the total cost of maintaining the Fed- the Secretary considers to be necessary in of 1966 (16 U.S.C. 668dd et seq.) is amended by eral land holdings described under paragraph accordance with—

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.062 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1020 CONGRESSIONAL RECORD — SENATE February 6, 2019 (A) applicable law (including regulations); (5) 1 member shall represent conservation ment, comprising approximately 17,325 acres, and organizations; generally depicted on the Map as ‘‘Proposed (B) the purposes of the Recreation Area. (6) 1 member shall have expertise in the Red’s Canyon Wilderness’’, which shall be (2) INVENTORY.—Not later than 5 years historical uses of the Recreation Area; and known as the ‘‘Red’s Canyon Wilderness’’. after the date of enactment of this Act, the (7) 1 member shall be appointed from the (10) SAN RAFAEL REEF.—Certain Federal Secretary, in collaboration with any affected elected leadership of a Federally recognized land managed by the Bureau of Land Man- grazing permittee, shall carry out an inven- Indian Tribe that has significant cultural or agement, comprising approximately 60,442 tory of facilities and improvements associ- historical connections to, and expertise in, acres, generally depicted on the Map as ated with grazing activities in the Recre- the landscape, archeological sites, or cul- ‘‘Proposed San Rafael Reef Wilderness’’, ation Area. tural sites within the County. which shall be known as the ‘‘San Rafael (f) COLD WAR SITES.—The Secretary shall SEC. 1224. LIMITATION ON THE DESIGNATION OF Reef Wilderness’’. manage the Recreation Area in a manner NATIONAL MONUMENTS IN THE (11) SID’S MOUNTAIN.—Certain Federal land that educates the public about Cold War and COUNTY. managed by the Bureau of Land Manage- historic uranium mine sites in the Recre- Notwithstanding any other provision of ment, comprising approximately 49,130 acres, ation Area, subject to such terms and condi- law, no national monuments may be estab- generally depicted on the Map as ‘‘Proposed tions as the Secretary considers necessary to lished in the County under section 320301 of Sid’s Mountain Wilderness’’, which shall be protect public health and safety. title 54, United States Code. known as the ‘‘Sid’s Mountain Wilderness’’. (g) INCORPORATION OF ACQUIRED LAND AND Subpart B—Wilderness Areas (12) TURTLE CANYON.—Certain Federal land INTERESTS.—Any land or interest in land lo- SEC. 1231. ADDITIONS TO THE NATIONAL WIL- managed by the Bureau of Land Manage- cated within the boundary of the Recreation DERNESS PRESERVATION SYSTEM. ment, comprising approximately 29,029 acres, Area that is acquired by the United States (a) ADDITIONS.—In accordance with the generally depicted on the Map as ‘‘Proposed after the date of enactment of this Act Wilderness Act (16 U.S.C. 1131 et seq.), the Turtle Canyon Wilderness’’, which shall be shall— following land in the State is designated as known as the ‘‘Turtle Canyon Wilderness’’. (1) become part of the Recreation Area; wilderness and as components of the Na- (b) MAP AND LEGAL DESCRIPTION.— and tional Wilderness Preservation System: (1) IN GENERAL.—As soon as practicable (2) be managed in accordance with applica- (1) COLD WASH.—Certain Federal land man- after the date of enactment of this Act, the ble laws, including as provided in this sec- aged by the Bureau of Land Management, Secretary shall file a map and legal descrip- tion. comprising approximately 11,001 acres, gen- tion of each wilderness area with— (h) WITHDRAWAL.—Subject to valid existing erally depicted on the Map as ‘‘Proposed (A) the Committee on Natural Resources of rights, all Federal land within the Recre- Cold Wash Wilderness’’, which shall be the House of Representatives; and ation Area, including any land or interest in known as the ‘‘Cold Wash Wilderness’’. (B) the Committee on Energy and Natural land that is acquired by the United States (2) DESOLATION CANYON.—Certain Federal Resources of the Senate. land managed by the Bureau of Land Man- within the Recreation Area after the date of (2) EFFECT.—Each map and legal descrip- enactment of this Act, is withdrawn from— agement, comprising approximately 142,996 tion filed under paragraph (1) shall have the acres, generally depicted on the Map as (1) entry, appropriation, or disposal under same force and effect as if included in this ‘‘Proposed Desolation Canyon Wilderness’’, the public land laws; part, except that the Secretary may correct which shall be known as the ‘‘Desolation (2) location, entry, and patent under the clerical and typographical errors in the maps Canyon Wilderness’’. mining laws; and and legal descriptions. (3) DEVIL’S CANYON.—Certain Federal land (3) operation of the mineral leasing, min- (3) AVAILABILITY.—Each map and legal de- managed by the Bureau of Land Manage- eral materials, and geothermal leasing laws. scription filed under paragraph (1) shall be ment, comprising approximately 8,675 acres, (i) STUDY OF NONMOTORIZED RECREATION on file and available for public inspection in generally depicted on the Map as ‘‘Proposed OPPORTUNITIES.—Not later than 2 years after the appropriate office of the Secretary. the date of enactment of this Act, the Sec- Devil’s Canyon Wilderness’’, which shall be SEC. 1232. ADMINISTRATION. retary, in consultation with interested par- known as the ‘‘Devil’s Canyon Wilderness’’. ties, shall conduct a study of nonmotorized (4) EAGLE CANYON.—Certain Federal land (a) MANAGEMENT.—Subject to valid exist- recreation trail opportunities, including bi- managed by the Bureau of Land Manage- ing rights, the wilderness areas shall be ad- cycle trails, within the Recreation Area, ment, comprising approximately 13,832 acres, ministered by the Secretary in accordance consistent with the purposes of the Recre- generally depicted on the Map as ‘‘Proposed with the Wilderness Act (16 U.S.C. 1131 et ation Area. Eagle Canyon Wilderness’’, which shall be seq.), except that— (j) COOPERATIVE AGREEMENT.—The Sec- known as the ‘‘Eagle Canyon Wilderness’’. (1) any reference in that Act to the effec- retary may enter into a cooperative agree- (5) LABYRINTH CANYON.—Certain Federal tive date shall be considered to be a ref- ment with the State in accordance with sec- land managed by the Bureau of Land Man- erence to the date of enactment of this Act; tion 307(b) of the Federal Land Policy and agement, comprising approximately 54,643 and Management Act of 1976 (43 U.S.C. 1737(b)) acres, generally depicted on the Map as (2) any reference in that Act to the Sec- and other applicable laws to provide for the ‘‘Proposed Labyrinth Canyon Wilderness’’, retary of Agriculture shall be considered to protection, management, and maintenance which shall be known as the ‘‘Labyrinth be a reference to the Secretary. of the Recreation Area. Canyon Wilderness’’. (b) RECREATIONAL CLIMBING.—Nothing in SEC. 1223. SAN RAFAEL SWELL RECREATION (6) MEXICAN MOUNTAIN.—Certain Federal this part prohibits recreational rock climb- AREA ADVISORY COUNCIL. land managed by the Bureau of Land Man- ing activities in the wilderness areas, such as (a) ESTABLISHMENT.—Not later than 180 agement, comprising approximately 76,413 the placement, use, and maintenance of fixed days after the date of enactment of this Act, acres, generally depicted on the Map as anchors, including any fixed anchor estab- the Secretary shall establish an advisory ‘‘Proposed Mexican Mountain Wilderness’’, lished before the date of the enactment of council, to be known as the ‘‘San Rafael which shall be known as the ‘‘Mexican Moun- this Act— Swell Recreation Area Advisory Council’’. tain Wilderness’’. (1) in accordance with the Wilderness Act (b) DUTIES.—The Council shall advise the (7) MUDDY CREEK.—Certain Federal land (16 U.S.C. 1131 et seq.); and Secretary with respect to the preparation managed by the Bureau of Land Manage- (2) subject to any terms and conditions de- and implementation of the Management ment, comprising approximately 98,023 acres, termined to be necessary by the Secretary. Plan for the Recreation Area. generally depicted on the Map as ‘‘Proposed (c) TRAIL PLAN.—After providing opportu- (c) APPLICABLE LAW.—The Council shall be Muddy Creek Wilderness’’, which shall be nities for public comment, the Secretary subject to— known as the ‘‘Muddy Creek Wilderness’’. shall establish a trail plan that addresses (1) the Federal Advisory Committee Act (5 (8) NELSON MOUNTAIN.— hiking and equestrian trails on the wilder- U.S.C. App.); and (A) IN GENERAL.—Certain Federal land ness areas in a manner consistent with the (2) section 309 of the Federal Land Policy managed by the Forest Service, comprising Wilderness Act (16 U.S.C. 1131 et seq.). and Management Act of 1976 (43 U.S.C. 1739). approximately 7,176 acres, and certain Fed- (d) LIVESTOCK.— (d) MEMBERS.—The Council shall include 7 eral land managed by the Bureau of Land (1) IN GENERAL.—The grazing of livestock members, to be appointed by the Secretary, Management, comprising approximately 257 in the wilderness areas, if established before of whom, to the maximum extent prac- acres, generally depicted on the Map as the date of enactment of this Act, shall be ticable— ‘‘Proposed Nelson Mountain Wilderness’’, allowed to continue, subject to such reason- (1) 1 member shall represent the Emery which shall be known as the ‘‘Nelson Moun- able regulations, policies, and practices as County Commission; tain Wilderness’’. the Secretary considers to be necessary in (2) 1 member shall represent motorized rec- (B) TRANSFER OF ADMINISTRATIVE JURISDIC- accordance with— reational users; TION.—Administrative jurisdiction over the (A) section 4(d)(4) of the Wilderness Act (16 (3) 1 member shall represent nonmotorized 257-acre portion of the Nelson Mountain Wil- U.S.C. 1133(d)(4)); and recreational users; derness designated by subparagraph (A) is (B) the guidelines set forth in Appendix A (4) 1 member shall represent permittees transferred from the Bureau of Land Man- of the report of the Committee on Interior holding grazing allotments within the Recre- agement to the Forest Service. and Insular Affairs of the House of Rep- ation Area or wilderness areas designated in (9) RED’S CANYON.—Certain Federal land resentatives accompanying H.R. 2570 of the this part; managed by the Bureau of Land Manage- 101st Congress (House Report 101–405).

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(2) INVENTORY.—With respect to each wil- and mechanical transport for search and res- provision of this section, the President may derness area in which grazing of livestock is cue activities in the Muddy Creek Wilderness not establish or extend a national monument allowed to continue under paragraph (1), not established by section 1231(a)(7). in the State of Utah (referred to in this sub- later than 2 years after the date of enact- section as the ‘State’) unless— ment of this Act, the Secretary, in collabora- SA 151. Mr. LEE submitted an ‘‘(1) the extension or establishment has tion with any affected grazing permittee, amendment intended to be proposed to been authorized by an Act of Congress; and shall carry out an inventory of facilities and amendment SA 111 submitted by Ms. ‘‘(2) the President has received from the improvements associated with grazing ac- MURKOWSKI (for herself and Mr. Governor of the State notice that the State tivities in the wilderness area. legislature has enacted legislation approving MANCHIN) and intended to be proposed (e) ADJACENT MANAGEMENT.— the proposed establishment or extension.’’. (1) IN GENERAL.—Congress does not intend to the bill S. 47, to provide for the man- for the designation of the wilderness areas to agement of the natural resources of the SA 154. Mr. LEE (for himself, Mr. create protective perimeters or buffer zones United States, and for other purposes; LANKFORD, Mr. TOOMEY, and Mr. ROM- around the wilderness areas. which was ordered to lie on the table; NEY) submitted an amendment in- (2) NONWILDERNESS ACTIVITIES.—The fact as follows: tended to be proposed to amendment that nonwilderness activities or uses can be At the appropriate place, insert the fol- SA 111 submitted by Ms. MURKOWSKI seen or heard from areas within a wilderness lowing: area shall not preclude the conduct of those (for herself and Mr. MANCHIN) and in- SEC. ll. ACREAGE LIMITATIONS FOR CONVEY- tended to be proposed to the bill S. 47, activities or uses outside the boundary of the ANCES OF PUBLIC LAND FOR REC- wilderness area. REATIONAL AND PUBLIC PURPOSES. to provide for the management of the (f) MILITARY OVERFLIGHTS.—Nothing in Section 1 of the Act of June 14, 1926 (com- natural resources of the United States, this subpart restricts or precludes— monly known as the ‘‘Recreation and Public and for other purposes; which was or- (1) low-level overflights of military air- Purposes Act’’) (44 Stat. 741, chapter 578; 43 dered to lie on the table; as follows: craft over the wilderness areas, including U.S.C. 869), is amended— At the appropriate place, add the fol- military overflights that can be seen or (1) in subsection (a)— lowing: heard within the wilderness areas; (A) in the second sentence, by striking (2) flight testing and evaluation; or SEC. lll. LIMITATION ON THE EXTENSION OR ‘‘640’’ and inserting ‘‘6,400’’; and ESTABLISHMENT OF NATIONAL (3) the designation or creation of new units (B) in the third sentence, by striking ‘‘six MONUMENTS IN THE STATE OF of special use airspace, or the establishment hundred forty’’ and inserting ‘‘6,400’’; and UTAH. of military flight training routes, over the (2) in subsection (b)— Section 320301(d) of title 54, United States wilderness areas. (A) in clause (i)— Code, is amended— (g) COMMERCIAL SERVICES.—Commercial (i) in subparagraph (A)— (1) in the heading, by striking ‘‘WYOMING’’ services (including authorized outfitting and (I) by striking ‘‘six thousand four hundred’’ and inserting ‘‘THE STATE OF WYOMING OR guide activities) within the wilderness areas and inserting ‘‘64,000’’; and UTAH’’; and may be authorized to the extent necessary (II) by striking ‘‘ten’’ and inserting ‘‘100’’; (2) by striking ‘‘Wyoming’’ and inserting for activities that are appropriate for real- (ii) in subparagraph (B), by striking ‘‘six ‘‘the State of Wyoming or Utah’’. izing the recreational or other wilderness purposes of the wilderness areas, in accord- hundred and forty’’ and inserting ‘‘6,400’’; and SA 155. Mr. LEE submitted an ance with section 4(d)(5) of the Wilderness amendment intended to be proposed to Act (16 U.S.C. 1133(d)(5)). (iii) in subparagraph (C), in the first sen- (h) LAND ACQUISITION AND INCORPORATION tence, by striking ‘‘twenty-five thousand six amendment SA 111 submitted by Ms. OF ACQUIRED LAND AND INTERESTS.— hundred’’ and inserting ‘‘256,000’’; and MURKOWSKI (for herself and Mr. (1) ACQUISITION AUTHORITY.—The Secretary (B) in clause (ii), by striking ‘‘six hundred MANCHIN) and intended to be proposed may acquire land and interests in land with- and forty’’ each place it appears and insert- to the bill S. 47, to provide for the man- in the boundaries of a wilderness area by do- ing ‘‘6,400’’. agement of the natural resources of the nation, purchase from a willing seller, or ex- United States, and for other purposes; change. SA 152. Mr. LEE submitted an amendment intended to be proposed to which was ordered to lie on the table; (2) INCORPORATION.—Any land or interest in as follows: land within the boundary of a wilderness amendment SA 111 submitted by Ms. area that is acquired by the United States MURKOWSKI (for herself and Mr. In section 3001(b), strike paragraph (3) and insert the following: after the date of enactment of this Act shall MANCHIN) and intended to be proposed be added to and administered as part of the (3) by adding at the end the following: to the bill S. 47, to provide for the man- ‘‘(b) ALLOCATION OF FUNDS.—Of the total wilderness area. agement of the natural resources of the (i) WATER RIGHTS.— amount made available to the Fund through (1) STATUTORY CONSTRUCTION.—Nothing in United States, and for other purposes; appropriations or deposited in the Fund this subpart— which was ordered to lie on the table; under section 105(a)(2)(B) of the Gulf of Mex- (A) shall constitute or be construed to con- as follows: ico Energy Security Act of 2006 (43 U.S.C. stitute either an express or implied reserva- Strike section 1121. 1331 note; Public Law 109–432)— tion by the United States of any water or Strike section 1201. ‘‘(1) not more than 50 percent shall be used water rights with respect to the land des- Strike section 1204. for Federal purposes; and ignated as wilderness by section 1231; Strike section 1205. ‘‘(2) not less than 50 percent shall be used (B) shall affect any water rights in the Strike subtitle E of title I. to provide financial assistance to States.’’. State existing on the date of enactment of Strike subtitle C of title VIII. this Act, including any water rights held by Strike section 9003. SA 156. Mr. LEE (for himself and Mr. the United States; LANKFORD) submitted an amendment (C) shall be construed as establishing a SA 153. Mr. LEE (for himself and Mr. intended to be proposed to amendment precedent with regard to any future wilder- ROMNEY) submitted an amendment in- SA 111 submitted by Ms. MURKOWSKI ness designations; tended to be proposed to amendment (for herself and Mr. MANCHIN) and in- (D) shall affect the interpretation of, or SA 111 submitted by Ms. MURKOWSKI tended to be proposed to the bill S. 47, any designation made pursuant to, any other (for herself and Mr. MANCHIN) and in- to provide for the management of the Act; or tended to be proposed to the bill S. 47, natural resources of the United States, (E) shall be construed as limiting, altering, to provide for the management of the modifying, or amending any of the interstate and for other purposes; which was or- compacts or equitable apportionment de- natural resources of the United States, dered to lie on the table; as follows: crees that apportions water among and be- and for other purposes; which was or- In section 3001, strike subsection (a) and tween the State and other States. dered to lie on the table; as follows: insert the following: (2) STATE WATER LAW.—The Secretary shall At the appropriate place, add the fol- (a) IN GENERAL.—Section 200302 of title 54, follow the procedural and substantive re- lowing: United States Code, is amended— quirements of the State in order to obtain SEC. lll. LIMITATION ON THE ESTABLISH- (1) in subsection (b), in the matter pre- and hold any water rights not in existence on MENT OR EXTENSION OF NATIONAL ceding paragraph (1), by striking ‘‘September the date of enactment of this Act with re- MONUMENTS IN THE STATE OF 30, 2018’’ and inserting ‘‘September 30, 2028’’; spect to the wilderness areas. UTAH. and (j) MEMORANDUM OF UNDERSTANDING.—The Section 320301 of title 54, United States (2) in subsection (c)(1), by striking ‘‘Sep- Secretary shall offer to enter into a memo- Code, is amended by adding at the end the tember 30, 2018’’ and inserting ‘‘September randum of understanding with the County, in following: 30, 2028’’. accordance with the Wilderness Act (16 ‘‘(e) LIMITATION ON THE ESTABLISHMENT OR U.S.C. 1131 et seq.), to clarify the approval EXTENSION OF NATIONAL MONUMENTS IN THE SA 157. Mr. SCHATZ (for himself and processes for the use of motorized equipment STATE OF UTAH.—Notwithstanding any other Mr. CASSIDY) submitted an amendment

VerDate Sep 11 2014 03:39 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.063 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1022 CONGRESSIONAL RECORD — SENATE February 6, 2019 intended to be proposed by him to the ‘‘(1) the economic impact of the program tices in tourism development and visitor bill S. 47, to provide for the manage- on local communities (including Native management, such as— ment of the natural resources of the American communities and National Herit- ‘‘(A) inventorying tourism resources in the United States, and for other purposes; age Areas); and gateway community; ‘‘(2) the effect of the program on efforts to ‘‘(B) identifying historic heritage and cul- which was ordered to lie on the table; preserve heritage resources. tural resources; as follows: ‘‘(b) GRANTEE REPORT.—Not later than 2 ‘‘(C) engaging collaborative partners and At the end of subtitle E of title II, add the years after the date on which a grantee re- stakeholders; following: ceives a grant or technical assistance under ‘‘(D) designing community outreach and SEC. 24lll. MODIFICATIONS TO THE PRESERVE this chapter, the grantee shall submit to the participation strategies; AMERICA PROGRAM. Secretary a report that— ‘‘(E) developing concept plans for trails, (a) PURPOSES.—The purposes of this section ‘‘(1) describes the outcome of the project parks, historic resources, and natural areas; are— that was provided a grant or technical as- ‘‘(F) developing sustainable tourism devel- (1) to strengthen economic development sistance under this chapter; and opment frameworks for community plan- across the United States by supporting cul- ‘‘(2) based on the metrics developed under ning; and tural heritage tourism and historic preserva- subsection (a), assesses— ‘‘(G) encouraging regional strategies for tion activities through the Preserve America ‘‘(A) the accomplishments of the project; tourism development and promotion; and Program; and and ‘‘(3) assisting gateway communities in ac- (2) to encourage the Director of the Na- ‘‘(B) the impact of the project on the com- cessing additional Federal resources avail- tional Park Service to partner with gateway munity in which the project was carried out. able to strengthen tourism assets and sup- communities (including Native American ‘‘(c) ANNUAL REPORTS.—The Secretary port economic development. communities and National Heritage Areas) shall submit an annual report to the appro- ‘‘(b) OBTAINING FINANCIAL AND TECHNICAL to leverage local cultural and historic herit- priate committees of Congress that includes ASSISTANCE.—The Secretary, in consultation age tourism assets. data provided by grantees to demonstrate with stakeholders of System units, shall es- (b) PRESERVE AMERICA GRANT PROGRAM.— the economic impact of the program.’’. tablish a process through which States, units (1) ESTABLISHMENT.—Section 311102 of title (3) CONFORMING AMENDMENT.—The table of of local government, and Tribal governments 54, United States Code, is amended— sections for chapter 3111 of title 54, United may apply for designation as a gateway com- (A) in subsection (d)— States Code, is amended by striking the item munity to become eligible for financial and (i) in paragraph (1), by inserting ‘‘and the relating to section 311105 and inserting the technical assistance made available under Secretary of Commerce’’ after ‘‘Council’’; following: this section. and ‘‘311105. Reports. ‘‘(c) METRICS.—The Secretary, in consulta- (ii) by adding at the end the following: ‘‘311106. Authorization of appropriations.’’. tion with gateway communities, shall de- ‘‘(3) ADVISORY ROLE OF SECRETARY OF COM- (c) NATIONAL PARK SERVICE PARTNERSHIPS velop metrics to measure the impact of the MERCE.—The Secretary of Commerce shall WITH GATEWAY COMMUNITIES.— financial and technical assistance provided advise the program with respect to job cre- (1) IN GENERAL.—Subdivision 1 of division B to gateway communities under this section. of subtitle III of title 54, United States Code, ation, economic growth, and tourism policy ‘‘§ 309203. Report and promotion.’’; and is amended by adding at the end the fol- (B) by adding at the end the following: lowing: ‘‘Not later than 1 year after the date of en- actment of this Act, the Secretary shall sub- ‘‘(f) TECHNICAL ASSISTANCE.— ‘‘CHAPTER 3092—PARTNERSHIPS WITH mit to the appropriate congressional com- ‘‘(1) IN GENERAL.—For any fiscal year for GATEWAY COMMUNITIES which funds are not made available to pro- mittees a report that— ‘‘Sec. ‘‘(1) describes the efforts of the Secretary vide grants under this section, to the extent ‘‘309201. Definitions. to partner with gateway communities under practicable, the program shall, in lieu of the ‘‘309202. Partnerships with gateway commu- this chapter; grants, provide technical assistance to the nities. eligible entities described in subsection (a) ‘‘309203. Report. ‘‘(2) analyzes the results of the financial for projects that meet the eligibility require- ‘‘309204. Authorization of appropriations. and technical assistance using the metrics developed under section 309202(c); and ments described in subsection (b), as identi- ‘‘§ 309201. Definitions ‘‘(3) identifies— fied on the list of projects prepared by the ‘‘In this chapter: ‘‘(A) the next steps that should be taken to Secretary in accordance with subsection (d). ‘‘(1) APPROPRIATE CONGRESSIONAL COM- improve partnerships with gateway commu- ‘‘(2) LIMITATION.—The Secretary may take MITTEE.—The term ‘appropriate congres- nities; and into account the availability of staff re- sional committee’ means— ‘‘(B) any actions that the Secretary will sources at the Department of the Interior, ‘‘(A) the Committee on Commerce, take to improve the partnerships. the Council, and the Department of Com- Science, and Transportation of the Senate; merce for purposes of determining the num- ‘‘(B) the Committee on Energy and Natural ‘‘§ 309204. Authorization of appropriations ber of projects that are provided technical Resources of the Senate; ‘‘There are authorized to be appropriated assistance under this subsection. ‘‘(C) the Committee on Appropriations of such sums as are necessary to carry out this ‘‘(3) FORM.—The form of technical assist- the Senate; chapter.’’. ance under paragraph (1) may include tech- ‘‘(D) the Committee on Energy and Com- (2) CONFORMING AMENDMENT.—The table of nical assistance provided by— merce of the House of Representatives; chapters for title 54, United States Code, is ‘‘(A) the Director, with respect to— ‘‘(E) the Committee on Natural Resources amended by inserting after the item relating ‘‘(i) best practices in visitor services; of the House of Representatives; and to chapter 3091 the following: ‘‘(ii) the conduct of research, inventories, ‘‘(F) the Committee on Appropriations of ‘‘3092. Partnerships with gate- and surveys; the House of Representatives. way communities ...... 309201’’. ‘‘(iii) the documentation of historic re- ‘‘(2) GATEWAY COMMUNITY.—The term ‘gate- sources; and way community’ means a community adja- f ‘‘(iv) the interpretation and promotion of cent to a unit of the System, including a Na- AUTHORITY FOR COMMITTEES TO cultural and heritage assets; tive American community or a National Her- ‘‘(B) the Council, with respect to historic itage Area. MEET preservation initiatives and best practices in ‘‘(3) HERITAGE TOURISM.—The term ‘herit- Mr. CORNYN. Mr. President, I have 8 stewardship; and age tourism’ has the meaning given the term requests for committees to meet during ‘‘(C) the Secretary of Commerce, with re- in section 311101. today’s session of the Senate. They spect to economic development and job cre- ‘‘§ 309202. Partnerships with gateway commu- have the approval of the Majority and ation resources.’’. nities (2) PROGRAM METRICS.—Chapter 3111 of title Minority leaders. ‘‘(a) IN GENERAL.—The Secretary shall, to 54, United States Code, is amended— Pursuant to rule XXVI, paragraph the extent practicable, offer to enter into (A) by redesignating section 311105 as sec- partnerships with gateway communities to 5(a), of the Standing Rules of the Sen- tion 311106; and leverage heritage tourism assets to strength- ate, the following committees are au- (B) by inserting after section 311104 the fol- en local economies and create jobs in the thorized to meet during today’s session lowing: gateway communities with the goal of estab- of the Senate: ‘‘§ 311105. Reports lishing a standardized framework for part- COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘(a) METRICS.—Not later than 180 days nerships throughout the System, including AFFAIRS after the date of enactment of the Natural through— The Committee on Banking, Housing, Resources Management Act, the Secretary, ‘‘(1) providing financial assistance to gate- in consultation with the Council and the way communities to support outreach and and Urban Affairs is authorized to Secretary of Commerce, shall develop spe- promotional efforts; meet during the session of the Senate cific metrics to measure the effectiveness of ‘‘(2) providing technical assistance to gate- on Wednesday, February 6, 2019, at 9:45 the program, including— way communities based on Service best prac- a.m., to conduct a hearing entitled

VerDate Sep 11 2014 04:50 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.065 S06FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 6, 2019 CONGRESSIONAL RECORD — SENATE S1023 ‘‘Organizational business meeting to 25, 2019, at a time to be determined by motions to reconsider be considered consider committee rules, sub- the majority leader in consultation made and laid upon the table. committee assignments, and com- with the Democratic leader. The PRESIDING OFFICER. Without mittee budget resolutions.’’ The PRESIDING OFFICER. Without objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. The resolution (S. Res. 33) was agreed TRANSPORTATION f to. The Committee on Commerce, The preamble was agreed to. Science, and Transportation is author- APPOINTMENTS (The resolution, with its preamble, is ized to meet during the session of the The PRESIDING OFFICER. The printed in the RECORD of January 28, Senate on Wednesday, February 6, 2019, Chair, on behalf of the Vice President, 2019, under ‘‘Submitted Resolutions.’’) at 10 a.m., to conduct an executive pursuant to the order of the Senate of f hearing. January 24, 1901, as modified by the COMMITTEE ON COMMERCE, SCIENCE, AND order of February 6, 2019, appoints the RECOGNIZING THE STAFF OF THE TRANSPORTATION, Senator from Nebraska (Mrs. FISCHER) OFFICE OF THE LEGISLATIVE The Committee on Commerce, to read Washington’s Farewell Address COUNSEL OF THE SENATE ON Science, and Transportation is author- on Monday, February 25, 2019. THE 100TH ANNIVERSARY OF ized to meet during the session of the The Chair announces on behalf of the THE OFFICE Senate on Wednesday, February 6, 2019, Committee on Finance, pursuant to Mr. MCCONNELL. Mr. President, I at 10 a.m., to conduct a hearing enti- section 8002 of title 26, U.S. Code, the ask unanimous consent that the Sen- tled ‘‘Winning the Race to G and the designation of the following Senators ate proceed to the consideration of S. Next Era of Technology Innovation in as members of the Joint Committee on Res. 53, submitted earlier today. the United States’’. Taxation: the Senator from Iowa (Mr. The PRESIDING OFFICER. The COMMITTEE ON HOMELAND SECURITY AND GRASSLEY), the Senator from Idaho clerk will report the resolution by GOVERNMENTAL AFFAIRS (Mr. CRAPO), the Senator from Wyo- title. The Committee on Homeland Secu- ming (Mr. ENZI), the Senator from Or- The bill clerk read as follows: rity and Governmental Affairs is au- egon (Mr. WYDEN), and the Senator A resolution (S. Res. 53) recognizing the thorized to meet during the session of from Michigan (Ms. STABENOW). staff of the Office of the Legislative Counsel the Senate on Wednesday, February 6, The Chair, in accordance with Public of the Senate on the occasion of the 100th an- 2019, at 10 a.m., to conduct an organiza- Law 93–618, as amended by Public Law niversary of the Office. tional hearing. 100–418, on behalf of the President pro There being no objection, the Senate COMMITTEE ON INDIAN AFFAIRS tempore and upon the recommendation proceeded to consider the resolution. The Committee on Indian Affairs is of the Chairman of the Committee on Mr. MCCONNELL. I ask unanimous authorized to meet during the session Finance, appoints the following Mem- consent that the resolution be agreed of the Senate on Wednesday, February bers of the Finance Committee as con- to, the preamble be agreed to, and the 6, 2019, at 2:30 p.m., to conduct a busi- gressional advisers on trade policy and motions to reconsider be considered ness meeting and hearing entitled ‘‘Or- negotiations to international con- made and laid upon the table with no ganizational business meeting to con- ferences, meetings and negotiation ses- intervening action or debate. sider committee rules, subcommittee sions relating to trade agreements: the The PRESIDING OFFICER. Without assignments, and an original resolution Senator from Iowa (Mr. GRASSLEY), the objection, it is so ordered. authorizing expenditures by the com- Senator from Idaho (Mr. CRAPO), the The resolution (S. Res. 53) was agreed mittee.’’ Senator from Kansas (Mr. ROBERTS), to. COMMITTEE ON VETERANS’ AFFAIRS the Senator from Oregon (Mr. WYDEN), The preamble was agreed to. The Committee on Veterans’ Affairs and the Senator from Michigan (Ms. (The resolution, with its preamble, is is authorized to meet during the ses- STABENOW). printed in today’s RECORD under ‘‘Sub- sion of the Senate on Wednesday, Feb- The Chair announces, on behalf of mitted Resolutions.’’) ruary 6, 2019, to conduct a hearing enti- the Democratic Leader, pursuant to f tled ‘‘Organizational business meeting the provisions of Public Law 100–458, to consider committee rules, sub- sec. 114(b)(2)(c), the appointment of the ORDERS FOR THURSDAY, committee assignments, and com- following individual to serve as a mem- FEBRUARY 7, 2019 mittee budget resolutions.’’ ber of the Board of Trustees of the Mr. MCCONNELL. Mr. President, I John C. Stennis Center for Public Serv- SPECIAL COMMITTEE ON AGING ask unanimous consent that when the ice Training and Development for a The Special Committee on Aging is Senate completes its business today, it term expiring 2020: the Honorable authorized to meet during the session adjourn until 12 noon, Thursday, Feb- CHRISTOPHER A. COONS of Delaware vice of the Senate on Wednesday, February ruary 7; further, that following the Mike Moore of Mississippi. 6, 2019, at 9:30 a.m., to conduct a hear- prayer and pledge, the morning hour be ing entitled ‘‘Financial Security in Re- f deemed expired, the Journal of pro- ceedings be approved to date, the time tirement: InnoVation and Best Prac- SUPPORTING THE CONTRIBUTIONS tices to Promote Savings.’’ for the two leaders be reserved for their OF CATHOLIC SCHOOLS use later in the day, and morning busi- SUBCOMMITTEE ON READINESS AND MANAGEMENT SUPPORT Mr. MCCONNELL. Mr. President, I ness be closed; finally, that following The Subcommittee on Readiness and ask unanimous consent that the leader remarks, the Senate resume Management Support of the Com- Health, Education, Labor, and Pen- consideration of the motion to proceed mittee on Armed Services is authorized sions Committee be discharged from to S. 47, with all postcloture time on to meet during the session of the Sen- further consideration of, and the Sen- the motion to proceed expired. ate on Wednesday, February 6, 2019, at ate now proceed to, S. Res. 33. The PRESIDING OFFICER. Without 2:30 p.m., to conduct a closed hearing. The PRESIDING OFFICER. The objection, it is so ordered. clerk will report the resolution by f f title. UNANIMOUS CONSENT AGREE- The bill clerk read as follows: ADJOURNMENT UNTIL TOMORROW MENT—READING OF WASHING- A resolution (S. Res. 33) supporting the Mr. MCCONNELL. Mr. President, if TON’S FAREWELL ADDRESS contributions of Catholic schools. there is no further business to come be- Mr. MCCONNELL. Mr. President, I There being no objection, the Com- fore the Senate, I ask unanimous con- ask unanimous consent that notwith- mittee was discharged, and the Senate sent that it stand adjourned under the standing the resolution of the Senate proceeded to consider the resolution. previous order. of January 24, 1901, the traditional Mr. MCCONNELL. I ask unanimous There being no objection, the Senate, reading of Washington’s Farewell Ad- consent that the resolution be agreed at 6:18 p.m., adjourned until Thursday, dress take place on Monday, February to, the preamble be agreed to, and the February 7, 2019, at 12 noon.

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CHRISTOPHER W. AMSLEY MORGAN W. CAMPBELL NOMINATIONS GARRETT D. ANDERSON MARIANO J. CANNONE JASON L. ANDERSON SCOTT T. CAPELA Executive nominations received by JOHN P. ANDREWS PAUL A. CAPONE the Senate: BLAIR T. ANTHONY ANTHONY D. CAPOZZI CHRISTOPHER A. ARNETT EDMUND J. CARAZO III NATIONAL CREDIT UNION ADMINISTRATION NICHOLAS P. ASHLEY NICHOLAS B. CARBAUGH TODD M. HARPER, OF VIRGINIA, TO BE A MEMBER OF CHRISTOPHORO ATHANASOPOULOS ROSS W. CARGILE THE NATIONAL CREDIT UNION ADMINISTRATION BOARD KYLE R. ATWELL CHRISTOPHER S. CARLSON FOR A TERM EXPIRING APRIL 10, 2021, VICE DEBORAH JUSTIN R. AUGUST ROBERT W. CARNEY DONALD R. AURAY MATTHEW J. CARPENTER MATZ, RESIGNED. JONATHAN C. AUSTIN AARON J. CARRAWAY UNITED STATES TAX COURT GREGORY AVANT SPENCER G. CARRIKER EDWARD M. BACHAR KENNETH V. CARROLL II TRAVIS GREAVES, OF THE DISTRICT OF COLUMBIA, TO DARNELL L. BADGER ABIGAIL G. CARTER BE A JUDGE OF THE UNITED STATES TAX COURT FOR A JASON J. BAGGOTT MICHAEL P. CASPERS TERM OF FIFTEEN YEARS, VICE JUAN F. VASQUEZ, TERM COLIN J. BAGGS CHAD A. CASSIDY EXPIRED. GARRETT C. BAILEY ORLANDO R. CASTANEDA MARK VAN DYKE HOLMES, OF NEW YORK, TO BE A GEORGE W. BAILEY, JR. JOEL O. CASTRO JUDGE OF THE UNITED STATES TAX COURT FOR A TERM STEVEN M. BAILEY NATHAN R. CATCHING OF FIFTEEN YEARS. (REAPPOINTMENT) JOSHUA C. BAKER AUSTIN B. CATTLE COURTNEY DUNBAR JONES, OF VIRGINIA, TO BE A MICHAEL R. BAKER OMAR M. CAVALIER JUDGE OF THE UNITED STATES TAX COURT FOR A TERM JARED S. BALDWIN DAVID A. CELSKI OF FIFTEEN YEARS, VICE JOHN O. COLVIN, RETIRED. ZACHARY B. BALDWIN MATTHEW CERNIGLIA EMIN TORO, OF VIRGINIA, TO BE A JUDGE OF THE ERICK S. BALISH JON M. CHACHULA UNITED STATES TAX COURT FOR A TERM OF FIFTEEN DANIEL L. BALL MICHAEL A. CHANDLER YEARS, VICE JOSEPH ROBERT GOEKE, TERM EXPIRED. GWENDOLYN J. BAMFORD SEAN S. CHANG DAVID J. BANAS STEVEN R. CHASE THE JUDICIARY SAMUEL B. BANKS CHRISTOPHER J. CHAVEZ STANLEY BLUMENFELD, OF CALIFORNIA, TO BE LESLYE P. BARKSDALE MICHAEL CHAVEZ UNITED STATES DISTRICT JUDGE FOR THE CENTRAL VIRGIL J. BARNARD KEVIN A. CHESNUT DISTRICT OF CALIFORNIA, VICE AUDREY B. COLLINS, RE- STEPHEN A. BARNES LINDA M. CHO TIRED. TARIEL E. BARRAGAN BRIAN H. CHOI DANIEL AARON BRESS, OF CALIFORNIA, TO BE UNITED TREVOR R. BARRETT DOK K. CHON GREGORY J. BARRY ANTHONY L. CHUNG STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE MATTHEW P. BASILICO ROBERT C. CHURCHILL ALEX KOZINSKI, RETIRED. JAMES M. BATES DOMINICK J. CINOTTO PATRICK J. BUMATAY, OF CALIFORNIA, TO BE UNITED KRISTOFFER M. BATES MICHAEL T. CLAPPER STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT DANIEL J. BAUSCHER ABDULLAH H. CLARK OF CALIFORNIA, VICE MARILYN L. HUFF, RETIRED. THOMAS W. BAZEMORE ANDREW M. CLARK DANIEL P. COLLINS, OF CALIFORNIA, TO BE UNITED JOSEPH C. BECKMAN BRITTANY M. CLARK STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE STEVEN A. BECKMAN, JR. WILLIAM L. CLARK HARRY PREGERSON, RETIRED. JAY G. BEEMAN ANDRE J. CLAYBURN KENNETH KIYUL LEE, OF CALIFORNIA, TO BE UNITED JEFFREY J. BENDER WILLIAM C. CLELAND STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE JOSHUA B. BENEVIAT NICK CLEMMER STEPHEN R. REINHARDT, DECEASED. CHRISTOPHER T. BENJUMEA ARTHUR N. CLYMER JEREMY B. ROSEN, OF CALIFORNIA, TO BE UNITED MICHAEL B. BENSON MACKENZIE S. COLELLA STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT JOSEPH E. BERLIN DAVID P. COLEMAN OF CALIFORNIA, VICE MARGARET M. MORROW, RETIRED. ANDREW A. BERRETH PAUL M. COLEMAN MARK C. SCARSI, OF CALIFORNIA, TO BE UNITED TODD A. BERRIOS ROBERT W. COLEMAN STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT CURTIS L. BEW JOHN C. COLLIER OF CALIFORNIA, VICE GEORGE H. KING, RETIRED. ERIC T. BIERSCHENK JOSEPH F. COLLIER IN THE AIR FORCE PAUL J. BILLY JAY R. COLLOTON NATHANIEL J. BISHOP JOEL P. CONCANNON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDREW W. BISSET MICHAEL A. CONFORTI IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ERICK T. BLACKHAM MATTHEW N. CONNELL CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ROBERT T. BLACKMAN MATTHEW B. CONNER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TATIANA R. BLANC BRIAN A. COOK 601: KALEB S. BLANKENSHIP ERIC V. CORNELIUS To be lieutenant general ANDREW J. BLIK THOMAS C. CORRELL CHRISTOPHER D. BLOM SETH D. CORRIGAN LT. GEN. VERALINN JAMIESON JOSHUA E. BOBBITT ANDREW D. COTTER RHETT A. BOCHETTE BRANDON R. COUNTS IN THE ARMY HERBERT A. BOEDECKER DALE E. COX KURT L. BOEHMER MATTHEW Q. COX THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATHAN R. BOLING TRENTON J. COYLE IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRENT M. BOND MATTHEW J. CRAMPTON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JORGE A. BONILLAMANCHAN WELLS L. CRAWLEY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: GARY BOSTIC BYRON L. CRITCHFIELD To be lieutenant general TYLOR D. BOTT HENRY J. CROFOOT SCOTT W. BOURNE JUSTIN J. CROTTS MAJ. GEN. DUANE A. GAMBLE BLAKE M. BOWLES DANNY CRUZ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALEXANDER L. BOWLING DANIEL C. CUMMINGS IN THE UNITED STATES ARMY TO THE GRADE INDICATED NICHOLAS R. BOWMAN STEVEN A. CUMMINGS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOSHUA L. BOYLE CHRISTOPHER J. CURRAN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RONALD W. BRAASCH KEITH A. DAILY RICHARD A. BRADLEY II LANCELOT A. DALEY To be general LUKE T. BRADY JONATHAN D. DAMALOUJI GEN. STEPHEN J. TOWNSEND DESMOND J. BRAZIEL SCOTT A. DARHOWER JAY M. BREND JOSHUA P. DAVID IN THE AIR FORCE DAVID R. BRENNAN BENJAMIN A. DAVIS THOMAS P. BRICELAND DERRICK M. DAVIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW J. BRIGGS KYLE C. DAVIS IN THE GRADES INDICATED IN THE REGULAR AIR FORCE EARL J. BRIGHT DANIEL O. DAVISON UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: ANDREW J. BRIGMAN DREW T. DEAL To be lieutenant colonel CHAD A. BRINK CLIFFORD DECOSTER ANITA M. BROOKS BRIAN M. DEGEN PATRICK N. WESTMORELAND LAMONT E. BROOKS JOSEPH E. DEHAVEN WAYNE H. BROOKS, JR. BRAULIO DEJESUSSANTIAGO To be major CORY L. BROWN JAVIER A. DELATORRE JOSEPH A. CALAMAIO DEREK T. BROWN OSCAR DELGADOVEANA MICHAEL P. CRAIG JOHNATHON S. BROWN EDWIN C. DENHARDER JOEL L. DETRICK MATTHEW R. BROWN ROBERT Q. DEPPA KEVIN M. HUGHES RYAN G. BROWN WILLIAM F. DEROBERTS AARON J. LIPPY ROBIN C. BRUCE DAVID J. DEVINE BENJAMIN J. BRUDER HERITIER N. DIAKABANA IN THE ARMY TRAVIS L. BRUNSON JOVAN F. DIAZ ADAM K. BRYANT CHARLES A. DIB THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON G. BRYANT CLINT L. DICKERSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRENT T. BUBANY AVALON E. DILLON UNDER TITLE 10, U.S.C., SECTION 624: JOHN W. BUCHANAN, JR. DARRYL L. DILTZ, JR. To be major RYAN E. BUCHANAN ENOCH J. DIXON PAUL S. BUNCIC JEFFREY S. DONIS ADRIAN ACEVEDO ANTHONY T. BURCH ADAM B. DOTTS EVAN N. ADAMS JASON W. BURGESS ROBERT L. DOUGHTY REMINGTON D. ADAMS EMMANUEL J. BURKS MICHAEL J. DOYLE WILLIS B. AKERS IV TYLER J. BURNISTON NATHAN R. DUE ANDRE C. ALEONG KEVIN M. BURNS CORBYN J. DUKE KATHLEEN E. ALFIN ANDRE D. BYRD JONATHAN T. DUKE CHAD A. ALFORD WILLIAM S. BYRD, JR. DUSTIN M. DUNCAN BRIAN K. ALLISTON JAMES R. CALDWELL THOMAS A. DUNCAN WILLIAM B. ALLSUP JOEL CAMACHO MICHAEL J. DUNGEY, JR. ANDREW M. ALOISIO ANDREW S. CAMPBELL MYLES W. DURKIN MATTHEW R. ALVEY BRIAN A. CAMPBELL DYMITRI A. DUTKANICZ AARON W. AMACKER DENIS P. CAMPBELL CHARLES F. A. DVORAK EMMANUEL F. AMBROISE MAKONEN A. CAMPBELL DONALD J. DYER JACOB M. AMSDEN MICHAEL J. CAMPBELL CHARLES M. EASON

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GEOFFREY P. EDMONDS BLAKE R. HAWTHORNE DAVID T. LANGDON JESSE L. EDWARDS ANDREW W. HEADID TATE E. LANGLEY WILLIAM A. EGGERS ANDREW J. HEATH JESSE W. LANSFORD CHRISTOPHER R. ELAM KEVIN J. HEATH WILLIAM J. LARSEN NATHAN A. ELKINS MATTHEW J. HEATH COLBY R. LARSON DAVID R. ENGOREN MEGAN L. HEDMAN ROBERT T. LAUFER MEGAN M. ENNENGA AARON J. HEFFELFINGER JEFFREY J. LAUGHLIN JILLIAN J. ERIKSSON JARED T. HELLE JOSEPH C. LAW JOSHUA D. ESLINGER AMANDA S. HENDRICK DANIEL L. LE CHARLES A. EVANS JOSHUA A. HENRY ALBERT G. LEDDY MICHAEL J. EZELL, JR. TODD M. HERGERT BRIAN N. LEE ALEXEI FAINBLOUT JOSE T. HERNANDEZTORRES BRYAN D. LEE JOSEPH M. FANNING ADAM M. HERRING JAMES R. LEE CHRISTOPHER A. FARMER ANDREW V. HIBBS JESSE LEE MARCUS D. FARMER BOBBY L. HILL SEON J. LEE LOUIS E. FAY CANDACE J. HILL ANDREW J. LEEMAN CHRISTINA J. FENSTERMAKER ROBERT C. HILL, JR. JUSTIN P. LEFOR HELAMAN P. FEPULEAI ANDREW R. HINNANT JOHN D. LEISINGER TAYLOR R. FERNANDEZ JARED B. HIRSCHKORN ROBERT E. LELITO MICHAEL S. FERNHOLZ DEREK S. HIRTZ CHRISTOPHER C. LEONARD DAVID A. FERREIRA TYLER A. HITTER RAMON N. LEONGUERRERO DANIEL J. FERRY IV GREGORY J. HJELLE PAUL W. LEW, JR. PHILIP R. FICKEN MICHAEL B. HOBGOOD FREDDIE R. LEWIS ANGEL E. FIGUEROA DANIEL D. HOCKSTEDLER CHRISTOPHER A. LIEBES MICHAEL A. FILIZETTI DANIEL J. HOGAN DANIEL T. LIEBETREU ALBERT J. FINOCCHIARO, JR. STEVEN C. HOJNICKI PATRICK W. LIETO JASON R. FISH KELLY A. HOLLERAN WILLIAM S. LINDBERG BRIANA D. FISK JARED E. HOLLOWS NATHAN R. LINSE CHARLES T. FITZGERALD JAMIE L. HOLM KYLE E. LITCHFIELD DANIEL P. FITZGERALD GREGORY K. HOLMES BRENTON L. LITFIN PATRICK M. FLANNAGAN COREY M. HOLOWACH SAVANNAH J. LIVINGSTON MICHAEL F. FLEMING ALFRED P. T. HOLTZ CURTIS J. LOFTIN JOSHUA G. FLETCHER ASHLEY F. HOLZMANN ZACHARY Y. LONG MATTHEW M. FLETCHER DENARD HONEYSUCKLE JUSTIN J. LOPEZ RAYMOND G. FLETCHER WILLIAM A. HOOVER NATHAN D. LUBBA, JR. TRUETT F. FLOYD BRIAN A. HOTCHKISS TERRENCE LUCAS ROGER J. FOLEY, JR. DAVID T. HOUDE MATTHEW J. LUDEMANN WILLIAM FOLINUSZ CHRISTOPHER S. HOUSEL ANDREW R. LUDLOW JOSEPH J. FONTANA NATHAN W. HOUSTON EDGAR Y. LUNAOGANDO ANTHONY M. FORMICA MICHAEL C. HOWARD ADAM K. LUTZ MARCUS B. FORRESTER RONALD T. HOWELL II KAMAN T. LYKINS AMANDA G. FORT MARC A. HOWLE CHRISTOPHER R. LYNCH MICHAEL L. FORTUNE THOMAS A. HUENS RILEY W. LYNCH BENJAMIN M. FRANKLIN DAVID R. HUGHES DAVID G. MACASPAC JOHN E. FRANKLIN NATHAN S. HUMBERT ALANA L. MACK ANDREW J. FREEMAN ALEXANDER M. HUMES EVAN K. MAIR DAVID C. FREEMAN ANDREW L. HUMMEL AARON W. MALCOLM DAVID G. FROST WILLIAM P. HURT NATALIE A. MALLUE WILLIAM L. FULLER ERIC HURTADO KEVIN S. MALMQUIST NICHOLAS C. FULTZ JAMES J. HYMAN CHARLES W. MANGUM JORDAN M. FUNDERBURK OSCAR IBARRA SARAH E. MANION STEPHEN A. GAGNON NEVILLE S. IBIT RYAN N. R. MANNINA BRYAN P. GALAS WILLIAM J. INGE FELIX A. MANYWEATHER DAVID R. GALBREATH CLAUDIO R. INNOCENTI STEVEN A. MARRERO MICHAEL J. GALLOW ANTONIO E. JACKSON BRIAN C. MARTIN JOSEPH M. GAMBINO MATTHEW D. JACOBS EMILY K. MARTIN JASON S. GARCIA WILL J. JANOTKA TYLER S. MARTIN DAVID T. GARDNER ELOISE S. JEANBART BLAS A. MARTINEZ KYLE E. GARDNER JAMES M. JENNINGS ERICK V. MARTINEZ CHRISTOPHER J. GARLICK ARIC H. JENSEN JOSE A. MARTINEZ ANTONIO GAROFALO DANIEL JIMENEZ JOSEPH E. MARUT III MARK D. GARRISON MARTIN A. JOHNSON DAVID W. MASON NICHOLAS H. GARVER TRAVIS D. JOHNSON NICOLAS K. MASSIE MARK C. GAUDET BRANDEN L. JONES JONATHON P. MATHIAS BRIAN J. GAUDETTE CHARLES W. JONES ROBERT C. MATHIS GREGORY A. GEORGE IAN T. JONES AHMAD N. MATTHEWS CHARLES H. GEORGI JAMES B. JONES LANCE J. MAURER GRIFFITH R. GETTY JAMES O. JONES, JR. KYLE A. MAY JESSE D. GEYER KYLE C. JONES CHRISTOPHER D. MAZUREK DESIREE M. GIANGREGORIO LYNN N. JONES BRYAN P. MCALISTER RYAN B. GIBBONS MATTHEW C. JONES JUSTIN G. MCBRIDE SHAUN L. GILBERT TODD R. JONES LON C. MCBRIDE BRANDON H. GILLIS STEVEN L. JORDAN CODY S. MCBROOM SHANTEL K. GLASS STEDROY P. JOSEPH AARON M. MCCANN TROY B. GLOVER KEVIN JOYCE CALEB J. MCCOLLUM JOHN G. GONZALES LOREN F. KACOROSKI BRIAN K. MCCOWN MICHAEL N. GONZALEZ GEORGE H. KANE SEAN S. MCCUNE YARICK GONZALEZ MISON KANG GARTH T. MCDERMOTT MICHAEL P. GOODMAN JOSHUA B. KASSEL DEANDRE L. MCDONALD GERALD H. GORSS RICHARD A. KATTE MICHAEL P. MCEUNN STEPHEN M. GOUTHRO PHILIP E. KAUTZ PATRICK S. MCGEE WILEY W. GRANT JOHN A. KEARBY PATRICK R. MCGRATH JEB S. GRAYDON MICHAEL R. B. KEARNES KEVIN B. MCGREW JACOB A. GREEN PAUL M. KEARNEY SHANNON M. MCKENNA OLEG GREEN JAMES C. KEATON ELIJAH J. MCMAHAN PATRICK M. GRESS TIMOTHY J. KEILTY SCOTT G. MCMAHAN SEAN D. GRIFFIN MATTHEW D. KELLEHER RICHARD K. MCMANAMON JAYPATRICK GRIFFITH JUSTIN M. KEMP CHRISTOPHER C. MCMASTER ROBERT T. GRIFFITH SEAN I. KENNEDY SIDNEY H. MCMATH JEFFREY A. GRIMES MAURICE G. KENNER LAWRENCE T. MCNAMARA BRIAN P. GRISHAM DANIEL G. KEYSER AUSTIN C. MCNAUL JACOB P. GROB RYAN R. KIDD ALONZO MCNEAL BENJAMIN J. GROEN DAVID T. KIM MOHDHISHAM MDISA IAN P. GRUNDHAUSER JONG S. KIM SEAN C. MEBERG ZHUOYI GU ADAM J. KINDER DANIEL M. MEEGAN ADAM P. GUAY RYAN L. KLINE SOLOMON E. METCALF MICHAEL E. GUERRETTAZ MARK A. KLOIBER RICHARD V. METZGAR III MATTHEW J. GURNIAK RAYMOND T. KLUTSE BENJAMIN A. MICHAEL ERIC J. GUTIERREZ JOSEPH C. KNIGHT DANIEL R. MIDGETT PAUL M. GUZMAN MICHAEL P. KNIGHT ZACHARY S. MIERVA JACOB B. HAAG PAUL L. KNUDSEN DAVID C. MILLIKAN JOHN A. HACKMANN LUKE E. KOEHLER FREDERICK L. MIMS KYLE A. HAGER PATRICK D. KOHLER JASON R. MINOR BENJAMIN B. HAGGERTY JARED R. KOLB LUCIEN S. MIRANNE ERIN C. HAHN DANIEL J. KONOPA JOSHUA T. MITCHELL TRAVIS A. HAIGLER KIMBERLY G. KOPACK SCOTT M. MODESITT CHARLES B. HALE JOSHUA T. KOPSIE THOMAS W. MOENTMANN JEFFREY A. HALL KENNETH D. KOVACH STEVEN E. MOHR MATTHEW D. HANES LIAM J. KOZMA THOMAS W. MOHR III JAMES B. HARGUS CHESTER N. KRAFT MICHAEL L. MOLCZYK HENRY G. HARPEN ANDREW M. KRUMM NICHOLAS G. MOLNAR TAYLOR S. HARRINGTON MATTHEW V. KRUPSKI STEWART MONTESSANDOVAL CHARLES L. HARRIS ADAM R. KUBATZKE GRANT M. MONTGOMERY SPENCER A. HARVEY RICHARD D. KUBU LUKE J. MOODY BRIAN H. HAUSLE ERIC D. LAIN JEFFREY T. MORACCO BRADEN O. HAWKINS PATRICK R. LAMONDA JAMES T. MORGAN TRAVIS N. HAWKINS ANDREW D. LANCE KYLE A. MORGAN

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JORDAN R. MORRIS IAN B. RILEY TRAVIS W. TARBOX THADDEUS D. MORRIS JESSICA K. RILEY NATHAN J. TARTER TIMOTHY R. MORTON JAMIE M. RIOS JOHN R. TATE DEMETRICK L. MOSELEY PATRICK G. RIPTON AARON A. TAYLOR ERIC V. MUIRHEAD BRIAN C. RISER ANGELO Q. TAYLOR KEVIN W. MULLEN BENJAMIN R. RISHER NICHOLAS J. TERPIN KATHERINE M. MUNOZ JACK T. ROACH THOMAS J. TERRY JOSE G. MURILLO ROBERT C. ROBERTS KYLE W. TERZA TAYLOR W. MURPHY CHRISTOPHER K. ROBINSON STEVEN F. THOMAS JOHN N. NAELGAS DREW A. ROBINSON PETER D. THOMPSON RENNIE A. NEGRON JEREMY M. ROBINSON WILLIAM D. THOMSON DAVID W. NELSON MICHAEL A. ROBINSON STEPHEN L. NELSON WENDELL C. ROBINSON HUNTER M. THORNAL FORREST E. NEUMANN JOSE R. ROCHAALVAREZ KYLE M. THURMAN TONY NGUYEN EVAN E. RODERICK KIRILL S. TIKHONENKOV JONATHAN P. NIBLOCK JOSE E. RODRIGUEZ MICHAEL E. TIKKANEN JASON J. NICHOLS SCOTT U. ROETT PAUL D. TILLMAN ALEXANDER R. NICKLES MATTHEW J. ROGERS MICHAEL T. TIMCHO TRAVIS W. NICOLETTE SEAN A. ROLING MARSHALL R. TITCH BENJAMIN W. NIEHOFF DEREK J. RONDEAU CHAD T. TOBIN BRENDAN T. NINTZEL GRACE E. RONE RYAN V. TODD DEVIN S. NIU CHRISTOPHER A. ROSE PETER B. TODSEN III BENJAMIN A. NOBLES TODD J. ROSSBACH PATRICK A. TOFFLER XAVIER A. NOEL JOHN R. ROSSI MICHAEL D. TOLLISON ERIC E. NORGARD NATHAN F. ROUBICEK ERIK J. TOMSEN DANIEL A. NORTON JAMIA L. ROWLAND JUAN TORRES, JR. VICTOR P. NUNCHUCK, JR. ZACHARY S. ROZAR ERIC S. TOWLE TRISTAN W. OBLUCK ERIC M. RUFF RYAN T. TOWNSEND RODERIC M. OCONNOR RONALD J. RUNYAN CRAIG M. TRYZBIAK BRIANNA M. ODOM NICHOLAS M. RUNYON JOHNDAVID D. TYDINGCO CHRISTOPHER P. OFFOR, JR. ALAMA F. RUSH IKE M. UKACHI MICHAEL J. OGAN MICHAEL RUSSO JESSE M. UNDERWOOD SEAN P. OHALLORAN KYLE J. RUTLEDGE THOMAS W. OLMSTEAD WILLIAM R. RYAN ANTONIO L. URESTE EDWARD H. OLSON JOSEPH A. SAGLIMBENI II KRIS R. URQUHART TERIKAZU ONODA CHRISTOPHER M. SALISBURY ROBERT A. VADNEY MICHAEL E. OPBROEK BENJAMIN L. SALVITO STEPHEN VADOVSKY DARE C. ORAVITZ THOMAS SANCHEZ, JR. WIE R. C. VAN DANIEL C. OTT GREGORY M. SANDERS MATTHEW T. VANARSDALE BRYAN S. PAINTER GRANCIS SANTANA PHILLIP W. VANDERCOOK MATTHEW J. PALANGE MATTHEW C. SARDO JOSHUA R. VANDERLIP RODOLFO P. PALMA ROBERT SARVIS JODY R. VANMETER, JR. BRIAN A. PALMIOTTI DAVID A. SAXTON ROBERT W. VANWEY JONATHAN W. PANKAKE MATTHEW R. SCHLESINGER TREY S. VANWYHE JASON P. PANNELL THOMAS S. SCHLESINGER ALEJANDRO L. VARGAS JEREMY D. PAQUIN BENJAMIN J. SCHMIDT MORRIZ F. VELAZQUEZ MICHAEL H. PARKER SCOTT J. SCHULTZ JACOB S. VELDHOUSE WILLIAM R. PARTIN ZACHARY J. SCHULTZ SAMUEL R. VELEZ MARK A. PASSMORE MICHAEL S. SCHUMACHER JORDAN D. VELIE DONALD B. PATE MARY K. O. SCHUSTER ERIC T. VENDITTI TYSON D. PATRICK BRANDON C. SCHWARTZ DONALD O. VERPOORTEN CHRISTOPHER T. PAYNE PAUL F. SCIFERS LUIS C. VILLA KYLE D. PAYNE RYAN O. SCOTT DANIELLE L. VILLANUEVA CHAD E. PEABODY NOAH L. SCRIBNER JON M. VOSS SETH G. PEARSON DANIEL J. SELF GREGORY K. WALKER ANDREW J. PEAVY DOMINIC A. SENTENO KAYLEIGH E. WALLACE ROBERT H. PECHA DAVID J. SERVIDEO MARK D. WALLACE JONATHAN P. PECHON STEPHEN T. SEXTON ABBEY L. PEDERSEN DAVID M. SHANAHAN WESTON T. WALROND EDWARD PEGUERO GREGORY S. SHANEMAN BRIAN K. WALSH MARK P. PELAEZ ANDREW T. SHATTUCK LOREN M. WAMPLER GINO L. PELLICANO JUSTIN K. SHAW JAMES T. WARD LAURIKA R. PENN TIMOTHY S. SHEPHERD, JR. JED W. WARNOCK FELIPE J. PEREZ WILLIAM E. SHERR JONATHAN M. WATSON JOSEPH L. PERKINS BENJAMIN T. SHOWMAN SHANNON J. WAX THOMAS M. PERRY ANDREW B. SHRIBER THOMAS R. WEADON II SETH G. PETERS KEVIN C. SHUFFSTALL THOMAS J. WEBB ERIN J. PETERSON SCOTT R. SHUTTS WILLIAM B. WEBSTER LANCE E. PETERSON MICHAEL S. SIDMAN SPENSER C. WEDDINGTON THEODORE R. PETERSON ROBERT J. SIMMONS MICHAEL F. WEIDEL JAMES R. PFEIFFER WILLIAM C. SIMPSON JOSHUA P. WEIDNER PERRY PHAM WHITNEY E. SIMS JAMES W. WEIR ANITA R. PHILLIPS ALEXANDER M. SINCLAIR JOSHUA J. WELTE FRANCIS G. PHILLIPS ANDREW D. SIVANICH ADAM F. WERNER JEREMY M. PHILLIPS TAYLOR W. SIVLEY MATTHEW A. WESTCOTT BRYAN D. PHILPOTT KARL T. SKIDMORE PAUL S. WHALEY II MICHAEL A. PICCINI JASON A. SLONE KENNETH T. WHEELER DANIEL H. PICKERING RYAN M. SMEDILE MATTHEW T. WHEELER DANIEL J. PIECHOCKI JORDON M. SMILEY ROBERT O. WHITBY ANDREW C. PINGREY BRANDON C. SMITH MATTHEW S. WHITE BENJAMIN A. PINNER BRANDON J. SMITH ROSS T. WHITE RUDY PIROLOZZI CHRISTOPHER B. SMITH TREVOR C. WHITE WILLIAM T. PITT TIMOTHY W. SMITH TYLER R. WHITE JOHN A. PLEASANTS MICHAEL J. SMOLUCHA VERNON J. WHITE JOHN R. PLUMSTEAD NEIL D. SMYTHE JAMES R. WHITNEY JASON L. POMEROY DOUGLAS E. SNELLING ZACHARY T. WILLEY KENNETH E. POPLAR JOE SNIPES ADAM K. WILLIAMS BENJAMIN J. PORATH MATTHEW A. SNYDER CHAD E. WILLIAMS DANIEL N. PORRIS RICHARD G. SNYDER DOUGLAS H. WILLIAMS DAVID R. PORTER PHILIP Y. SOHN SHANNON V. WILSON KHEMMER M. PORTER NICOLAS F. SORIA TIMOTHY K. WILSON BRADLEY A. PORTWOOD STEPHEN C. SORRELLS MARSHALL W. WISH ANDREW L. POWELL JESUS D. SOTOMELENDEZ JACOB J. WISHKO JOHN P. POWELL THOMAS L. SPENCE KYLE J. WOLFLEY PETER M. PREISINGER HERBERT M. SPERBER ERIC J. WONG WILLIAM R. PRICE GERARD T. SPINNEY DONALD A. WOOTEN II DAVID A. PROVENCHER KENNETH J. SPOON DANIEL WORKMASTER CHRISTOPHER J. PURSEL CHRISTOPHER C. SPROUL LI XU ROBERT E. PUSHARD MAUREEN STAGNEY RYAN K. YAMAUCHI GARY T. QUACH KATHERINE A. STAMPFLE CHRISTOPHER T. YANKOW KEVIN J. QUIGLEY JOHN STANCZAK SARAH A. YATES DANIEL S. QUINLAN MATTHEW J. STAPAY SCOTT W. YINGLING DAVID R. RADKE NICHOLAS J. STAVE DAVID W. ZAK MATTHEW J. RADMAN REX C. STEELE PATRICK M. ZANG ALEXANDER J. RADOMSKY DAVID J. STEWART KIONA L. ZAPPE LANCE C. RAE DEREK A. STEWART NICKOLAS M. ZAPPONE DUSTIN D. RAMATOWSKI JERED L. STOKES REED M. ZIEGLER REGINALD E. RAMSEY II THEODORE D. STOUCH JULIANNE C. ZIKE JEREMY R. RATHBUN ROBERT A. STOVALL JIMMIE L. ZILLINER BRITTANY J. RAY DANIEL L. STRASSER COURTNEY A. ZIMMERMAN JARRETT B. REDMAN NICHOLAS E. STRONCZEK MARK G. ZWIRGZDAS CHRISTOPHER D. REED RUSSELL E. STUART D014270 WILLIAM J. REILLY CHRISTOPHER SUAREZ ERIK S. REKEDAL TRON S. SUGAI D014758 ANDREW B. REYNOSO THOMAS E. SULIK D014794 MARK E. RICE CHRISTOPHER P. SULLIVAN G010477 RONALD B. RICE MICHAEL W. SULLIVAN, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHARIL K. RICHARDS SCOTT M. SYLVESTER TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN M. RICHARDS MATTHEW C. SZARZYNSKI UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Sep 11 2014 03:43 Feb 08, 2019 Jkt 089060 PO 00000 Frm 00152 Fmt 0624 Sfmt 9801 E:\RECORD19\FEBRUARY\S06FE9.REC S06FE9 February 6, 2019 CONGRESSIONAL RECORD — SENATE S1027 To be major NATHANIEL M. DRAKE COREY R. KEIFFER ANTHONY M. DRELLA CHRISTIAN R. KELLER BENJAMIN T. ABEL CHRISTOPHER M. DRESCHER PAUL R. KELLMURRAY ANTHONY ABEYTA RYAN S. DUDLEY BRIAN J. KEMPER JENNIFER G. ACOJEDO ANDREW P. DUKE DERECK N. KENNEDY CHRISTOPHER S. ALEXANDER CLAYTON K. DURDEN, JR. RILEY F. KENNEDY YELENA P. ALEXANDER PAULINE C. EDWARDS EVAN M. KERRANE CHRISTOPHER M. ANDERSON JOHN P. ELCO LEILA KETTERLINUS DAVID C. ANDERSON MICHAEL P. ELLIS SEUNGKYU KIM ROBERT J. ANDERSON ERIC A. ENGSTROM SUHAN KIM ANGEL M. APONTE ERIK ESTRADA ANDREW T. KINNEY ANDREW A. ARIAS SITIA M. FALEAFINE JESSICA P. KLEIN CAMERON R. ARNDT JOSEPH D. FASONE ZACHARY W. KLEIN JOEL M. ASKINS JOSEPH E. FEIFER SAMANTHA E. KNAPMAN AZIZ ATAKUZI RODNEY A. FERGUSON DAMON N. KNAUSS GARY A. AUSTIN SARAH A. FERREIRA JUSTIN A. KNOX FRANCIS J. AXLINE JAY B. FISHER NICHOLAS J. KNUDTSON JONATHAN D. AZBILL JOSEPH FORNASIER KADEN C. KOBA KEVIN BADGER WILLIAM L. FOULKS MATTHEW J. KRIVENSKY NICHOLAS F. BARBER PATRICK H. FRANKS ISAAC J. KUNZE TRAVIS R. BARKER JEROD M. FRANZ KWEKU A. KWARTENG EMERY C. BAUGHAN SEAN T. FRASER VERONICA L. KYLE BRET A. BEAVERS BLANCA G. FRAZIER KAI L. LABAC ELANA A. BELL SPENCER L. FRENCH JOSEPH A. LAMIA DENISE BERNARD JOSHUA D. FREY MATTHEW C. LANDON LISA H. BEUM TREONE M. FRINK JORDAN T. LANDRY SEAN M. BIRMINGHAM CHRISTOPHER P. FROELICH BRIAN S. LASKEY DAVID R. BLACK GLENDON C. FRYE, JR. SHEA J. LEAP RANDALL B. BLADES AVERY FULP WILLIAM L. LEASURE JOSHUA M. BLANC TOMMY R. GALLOWAY BOMBE LEE RAYMOND G. BLOCKMON ALISHA M. GARCIA BRANDON S. LEE JACOB L. BOESEN AIANA J. F. GARIN JULIUS N. LEE BENJAMIN P. BOETTCHER LANCE M. GARNETT YOUNG H. LEE MARK R. BONAUDI JACOB T. GARRETT KATHLEEN M. LEFORTE JULIO R. BONFE SPENCER G. GARRISON LORIS F. LEPRI FRANCISCO J. BONILLA ABRAHAM GATES, JR. NATHAN B. LEQUIRE MATTHEW T. BOREL LAURENCE W. GAUTHIER III CHARLES R. LEWANDOWSKI ANDREW R. BOYD SHELLYANN S. GAYLEJACKSON JHORDN G. LEWIS MICHAEL A. BRADY LUCAS C. GEBHART JERAD M. LINDER KENNETH BRANDT CHRISTIAN P. GEHRELS STEVEN S. LIZAMA DRAKE E. BREWSTER GRACE M. GEIGER LUIS E. LLAURY MICHAEL M. BROOKS JOSHUA H. GEIGER PILLCO W. LLIVICHUZHCA BLAKE A. BUGAJ RYAN C. GENARD LIBERTY F. LOBDELL BRIAN R. BUHLER ROBERT B. GILBREATH PAUL A. LOOMIS ANDREW M. BUNCE SAMUEL E. GILTNER MAYRA E. LOPEZNANEZ MARK S. BURACZESKI ANDREW J. GLUBZINSKI JASON C. LOVALLO SHAWN M. BURKE BRANDON J. GOOCH SERGIO A. LOYNAZ III RYAN M. BURKHOLDER JOHN C. GOODWILL JASMINE L. LOZANO GEORGE H. CALHOUN RUSSELL M. GORDON CHRISTOPHER M. LUCK ROBERT A. CALKINS SHARREE L. GORDON LAURENT LUNDY ANDREW M. CAMMACK SARAH E. GOUDREAU CHRISTOPHER C. MACE CLINTON B. CAMPBELL DERRICK V. GOUGH ISAAC A. MACMILLEN JOSHUA J. CAMPBELL BRIAN T. GRAHAM MILTON E. MADDOX GREGORY P. CAMPISI ROBERT L. GRAMER, JR. WILLIAM T. MAHAN CARLOS A. CANALESRAMIREZ JASON P. GRAMS THOMAS R. MAHONEY BYRON W. CARLSON CHRISTOPHER W. GRAUEL KENNETH L. MANDAKUNIS TYRIE D. CARROLL ROBERT F. GREENE DANIEL J. MANOR CHRISTOPHER D. CARTIER WILLIAM A. GRIFFITH, JR. CHRISTOPHER A. MANSELL ANNAMARIE F. CASIMES ADAM C. GRINES SHELDON D. MARCELLINE JUSTIN H. CASTRO KYLE D. GROGAN ANTHONY G. MARINELLO ADAN A. CAZAREZ JOSE D. GUILLENPEDROZO HOWARD K. MARKEL RYAN R. CHANEY SHAWN GUTIERREZ AJAYA K. MARTIN RYAN G. CHANKO JEFFREY M. HACKMAN BENJAMIN W. MARTIN JEANETTE CHAVEZ JOSHUA R. HAINES CODY J. MARTIN ALEXANDER J. CHERNUSHIN TINA M. HAIRSTON KYLE V. MARTIN JUNG U. CHO JASON M. HALL ALEXANDER L. MARTINEZ KYUN Y. CHOI ROBERT D. HALSTEAD MICHAEL J. MARTINEZ WILLIAM CHOI JEREMIE J. HANNAH MATTHEW M. MASSON SETH P. CHURCH JASON E. HANSON CRAIG A. MAYBEE MORGAN P. CINA MARGARET C. HARRIS CHRISTOPHER A. MAYS SEAN A. CLEMENT MICHAEL A. HARRIS JAMES M. MCCABE LEONARDO E. CLEVERSLEY MICHAEL J. HARRIS BRANDON H. J. MCCALLA MACKENZIE A. COHE TERRINA A. HARRISON CARLYLE O. MCCALLA RONNIE L. COLLINS BRANDON M. HARTMANN JOSEPH M. MCCANDLESS SARAH C. COMPTON JOSHUA A. HASELTINE MICHAEL J. MCCASLAND KRISTOPHER L. CONKLIN KELSEY N. HASSIN JENIFER R. MCCLARY TRAVIS G. CONNELL JEFFREY W. HATCH MICHAEL D. MCCONKEY CHRISTOPHER R. CONNER MICHAEL J. HEIM ROBERT D. MCCORMICK KEVIN A. CONNERS FELICIA D. HEISLER ANNMARIE S. MCCREIGHT MICHAEL R. CONNORS DENNIS K. HELMS DAVID N. MCCRERY IV JESSICA L. COOK WARREN C. HENDERSON LOGAN F. MCDARMENT CHRISTOPHER J. COOPER CHAUNCEY D. HENRY JASON L. MCELROY KEI C. COOPER MICHAEL J. HERBST ANDREW J. MCKEE JESSIE A. CORTEZ ANDREW P. HERENDEEN ZACHARY S. MCLAIN NICHOLAS J. COSMAS NICHOLE C. HERNDON MATTHEW P. MCLEAN TODD E. CRAMER ADAM D. HESS AARON A. MCMURRAY RENATA M. CRAPPS SCOTT C. HETZEL JUSTINE M. MEBERG LOUIS CRIST LAURENCE C. HINES WILLIAM M. MEIER JAMES S. CROTTY CARL E. HODGSON VANESA M. MENAFERNANDEZ DAVID P. CROW ALEXANDER S. HOFFMAN NATASHA MERCADO DOUGLAS E. CRUTCHLEY, JR. MICHAEL D. HOGANS SALVATORE E. MESSINA LEONARD CRUZ LUCAS M. HOLMBECK ANDREW R. MEYER GUSTER CUNNINGHAM III ROBERT W. HONTZ MICHAEL J. MILLER DANIEL J. CURTIS CHERYL D. HOOKER DAVID E. MINGHELLA CLYDE J. DAINES IRA C. HOUCK EVAN MIZE JONATHON A. DANIELL SARAH J. HOUP LUKAS R. MOORE SCOTT M. DANIELS MEGHAN N. HOUSEL JACOB L. MORMON KOJO O. F. DARTEY JAMES G. HOWARD DEMETRIUS K. MORRIS BRIAN P. DAVIS ORLANDON M. HOWARD JARROD J. MORRIS GREGORY L. DAVIS DAVID K. HUFFMAN RICHARD L. MORRIS PATRICK W. DAVIS BENJAMIN A. HUNTER DEREK B. MUELLER PAUL J. DEEHAN BERNARD C. HUNTER JASON A. MULL TAMARA J. DEJESUS KURT G. HUXEL CARLOS R. MUNOZAGUIRRE MATTHEW D. DELAGUARDIA JOSHUA A. HYATT RACHEAL W. MWANGI TRAVIS M. DESOUSA BENJAMIN M. IHNAT JACOB E. MYERS AARON L. DEVIG SARA M. IRWIN DANIEL NA IBRAHIMA DIALLO JASON W. ISGRIGG JOHN D. NALETELICH ALEXANDER C. DIAZMARTINEZ DANNY JARAMILLO SARAH E. NALETELICH STEPHEN C. DILORENZO DANIEL C. JOHNSON JAMES L. NAPPER GERYAH A. DINGLE JAMES D. JOHNSON MENDOLA A. NASHWALLACE BRANDON D. DOGGETTE MATTHEW S. JOHNSON JAIME E. NAVARRO CORY M. DOMBROWSKI PATRICK D. JONES MARION J. NEDERHOED JOAN C. DORREJOGONZALEZ YOUNG H. JOO PEDRO J. NEGRONBETANCOURT SCOTT DOTSON MATTHEW M. KALIN KATTIE L. NEUJAHR CLIFTON O. DOUGLAS IV NIKESH D. KAPADIA CHRISTINE M. NEUMAN STEVEN T. DOWNEY STEPHEN J. KARR TRAVIS A. NEWTON MAXINE A. DRAKE BENJAMIN A. KEDO STEPHEN C. NICHOLS

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DARRICK M. NOAH AARON J. TRIMBLE HEATH A. BERGMANN MINAH NUZUM NEAL J. TRUMP JOSEPH L. BEST, SR. BABAJIDE ODEJOKEMAXWELL BERNARD N. N. TUMANJONG MATTHEW D. BINKINZ JASON J. ODELL GREGORY A. UNDERWOOD MICHEAL J. BINNS OLA O. ODUNAIKECHERRY ANDREW B. UONG DAVID J. BJORK KYONG L. OH JASON M. UPOLE TODD V. BLACKBURN ASHLEY R. OLDS MATTHEW J. URBAN IAN M. BLOOMSBURG ANDREW J. ONEILL MIGUEL A. URBINACHAVEZ LATRICE BOATNER CHRISTIAN G. ORELLANA DARINEL D. URENAFABIAN SHERRY T. BOBBETT AARON M. OVERSTAKE JOSE M. VALENCIA NORIELYS BONILLA JAMES E. PALIDAR REBEKAH E. VAUGHAN JAMES M. BONIN BRADLEY J. PALMERLOURENCO KEVIN J. VEGA STEPHEN J. BONNER JAMES T. PANTELAKIS JAMIE R. VENNEMAN MYREON D. BOOKER DANIELLE R. PAPPAS STEVEN A. VILLALVA STEPHEN A. BOUGHTON ALEX C. PARKER GREGORY P. WALSH JOSEPH M. BOURDA BONITA M. P. PARKER ROBERT E. WALSH EFFENS Y. BOWDEN KYLE W. PARKER JEREMY L. WARNKEN SIRRON D. BOWMAN BRIAN P. PATTERSON JAMES A. WATSON MICHAEL H. BRESETTE ABE L. PAYNE BRIAN D. WEAVER TINA D. BREVARD RICHARD M. PAZDZIERSKI KEVIN P. WEAVER MATTHEW A. BROOKS JENNIFER M. PEACE BILLIE C. WEBB MITCHELL K. BROOKS FRANKLIN G. PEACHEY DEXTER W. WEBB FREDERICK BROWN DANIEL PEARSON SCOTT A. WEBB KELLY E. BROWN EVAN M. PECK JORDAN K. WEBER MICHEAL A. BROWN JANE A. PETRICK COLLIN M. WEEKS VICKIE L. BROWN DIANA PETRIS KERRI L. WEISS ALEXANDER C. BRUBAKER RICHARD W. PFROGNER JASON G. WELCH NATALIA P. BRYANT DANIEL J. PHILLIPS CHRISTOPHER E. WELLER AUSTIN L. BUCHANS LOGAN J. PHILLIPS BRADLEY WELLSANDT THOMAS L. BURBANK MICHAEL C. PHILLIPS WILLIAM J. WHELAN STANLEY R. BURDINE, JR. ROBERT J. PHILLIPS ERIC A. WHIPPLE ANTHOWAN A. BURRELL BRYON J. PIEPER ROBERT C. WHITE SAMUEL CAMPBELL BEVERLY A. PIMIENTA BRENT C. WHITEHEAD SHEILOH S. A. CARLOS TERRANCE T. PITTS JEFFERY W. WHITTINGTON GEOFFREY A. CARMICHAEL MICHAEL A. POOLE CARL R. WIGINGTON LANDON P. CASSELS TRAVIS A. PRATT BENJAMIN WILLIAMS, JR. HAROLD CASTANEDA ANDREW J. PULASKI DATHAN L. WILLIAMS TODD C. CASTLES CHRISTIAN A. RAMOS JAMES WILLIAMS III CEDRIC A. CATO DARREN M. RAWLINGS MICHAEL S. WILSON KATRINA P. CEZAR TRACY C. READE SCOTT W. WILSON NEIDAS M. CEZAR KENNETH B. REDD II LARRY R. WITKOVSKI CHRISTINE S. CHANG JOSHUA A. REDDEN MARK T. WITTE DANIEL B. CHELSEA LATISHA R. REEDER KENNETH E. WOLFLE SHERRY A. CHILDS CHRISTOPHER D. REGO JENNIFER M. WONG JOSHUA S. CHOATE JONATHAN L. REID MARIOPHILIP A. WONG THERESA D. CHRISTIE ERIC D. RICHARDS CLAY D. WOODY STEPHANIE L. CIABOTTI COREY C. RIDDICK CANNDICE C. WOOTEN CHRISTOPHER L. CIMAN SARA A. RIESEL DENDRE WRIGHT JESSIE CLASS MARIO O. RIVAS KIRK T. WRIGHT, JR. JASON B. CLOWE EVARISTO RIVERA TRAVIS D. WRIGHT JUDE G. COE CATHERINE J. RIVERS JASON WU PATRICK R. COFFEE ARTURO RODRIGUEZ JIANG WU JIMMYVAN COGLESGUERRERO ISAAC D. RODRIGUEZ STEPHEN J. YAFFE CASEY R. COLBETH VIRGINA M. RODRIGUEZ TOMECA S. YANCEY BRENDAN T. COLLINS LINDSAY D. ROMAN STACEY M. YARBOROUGH EZRA M. COLLINS HUGO I. ROMERO PIPER M. YETMAN JERED A. COLLINS JEREMIE M. ROWAN FON P. E. ZAMCHO LILIENI B. COLLINS ANDREW E. ROWLAND DANIEL P. ZUNIGA TOMMY E. COLLINS GORDON D. RUTLEDGE D012709 DEANNA M. COMSTOCK JACK B. SADLER D013345 LATONYA K. CONKLETON BRANDON P. SALMERI D013475 SHIRLEY J. COOLEY KELLAN S. SAMS D013484 HOLGER A. CORREA WILLIAM B. SAMUEL D013549 CONNIE R. COX CHRISTOPHER J. SANDOVAL D013690 ELOISA A. COX PATRICK A. SANDOVAL D013694 JOHN S. CRAWFORD ALEXANDER J. SAUL D014403 JOY L. CRENSHAW ZACHARY B. SCHAEFFER D014427 NICHOLAS P. CRINER TYLER SCHAUER D014430 STANLEY A. CROCKETT EMMA A. SCHILLER D014439 KELSIE M. CUMMINS MATTHEW A. SCHLEUPNER D014536 SCOTT A. CURTICE JOHN A. SCHLICHT D014680 BENJAMIN E. DANIEL ELIZABETH K. SCHLOEMANN G010350 LORI D. DANIELS MATTHEW A. SCHMIEDICKE G010422 ANGEL F. DAVILA JEFFREY W. SCHRIMP G010461 DON R. DAVIS LEE E. SCHROEDER G010470 INISHA T. DAWKINS KYLE D. SCOTT G010495 KURT D. DAY II TOBIAS I. SCOTT G010518 JESSE M. DEBOEST CARLOS J. SEMIDEY G010537 ANDREW P. DEEL JAMES R. SESSIONS III G010540 MICHAEL R. DEEM ANTHONY D. SEVERSON G010541 BRYAN M. DEMPSEY DOUGLAS A. SHARP G010542 SCOTT N. DEMPSEY CALEB J. SHEFFIELD G010598 LLOYD DERRICOATTE II JABAKA D. SHERROD DEVON C. DIAZ TIMBERLY H. SHUMAKER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RAMSES DIAZ MARCELLUS SIMMONS TO THE GRADE INDICATED IN THE UNITED STATES ARMY KAREE N. DIXONTHOMPSON PAUL D. SIMNIOK UNDER TITLE 10, U.S.C., SECTION 624: RAVEN S. DONELSON MATTHEW S. SINDA To be major SAMANTHA E. DOUGLAS KENNETH A. SLEZAK GREG M. DOYEN ELLIOTT J. SMALLWOOD KWANSAH E. ACKAH CAROL E. DOYLE DANIEL W. SMITH KRISTEN N. ADAMS DEVEN DRAKE MATTHEW A. SMITH WILLIAM H. ADAMS BETHANY G. DUMAS MICHAEL A. SMITH GBENGA S. ADIGUN DUANE D. DUMLAO LINDSEY M. SNYDER JAMES J. AGIUS BRANDON P. DUNCAN PETER J. SOLANA, JR. ERIC R. AHLE NICHOLAS P. DUNN KYLE P. SOLER TODD M. AKROYD TIMOTHY M. DWYER WESLEY G. SOLWAY LLOYD M. ALAIMALO ARRON M. EDMONDS BENJAMIN M. STAATS ELIZABETH H. ALBERTSON DEDRICK W. EDWARDS WOJCIECH W. STACHURA JESSE J. ALCOCK JACOB ELDERS THOMAS B. STAUFFER PATRIC M. ALEXANDER MOHAMED M. ELZEIN MICAH J. STEDMAN BRANDON W. ALFORD TRAVIS D. EMBRYMARTIN RYAN A. STEUK THEODORE C. ALLEN AMBER L. ENGLISH JOHN C. STEWART VICTORIA A. ALLEN DAVID M. ENNIS SEAN C. STOREY FRIDAY E. AMEH CHRISTOPHER J. ENYART GARRY STRATIEV PHILLIP J. ANKLIN PETER F. ERICKSON BOONE A. SUPINGER ANDREA J. ASENDIO JEFFREY T. FELL BRYAN D. SWIFT DEREK D. ATWATERS, SR. BOBBY J. FILIPUNAS SCOTT S. TANAKA RONALD L. BAILEY, JR. JOHN R. FORRISTER, JR. JEROME TATUM TRENT J. BAILEY THERESA M. FOSTER KENNETH D. TAYLOR JENNIFER L. BAKER AUSTIN L. FRANKLIN STERLING E. TAYLOR MONICA M. BAKER DANIEL R. FRANTZ JASON W. THOMAS YESIR A. BALLENARIZA AARON K. FRAZIER KASSIE D. THOMPSON BRIAN A. BANFIELD BRANDON C. FRAZIER ROXANA M. THOMPSON KEVIN M. BARNES HEATHER R. FRAZIER STEVEN J. THOMPSON CLIFTON C. BARNETT IVAN FUENTES ANDREW B. THORNSLEY KELLY L. BARTON COURTNEY L. FULLER RYAN G. TINTERA DEQUINCY K. BASS JOSEPH S. FUOCO BRIAN W. TOBIAS JORDAN L. BASS STEPHEN M. GAGIN STEPHAN P. TOBIN RENARDO L. BASTIAN LUIS A. GAITANTOVAR LILIANA TOLLIVER RAYMOND A. BEARD RICHARD A. GARCIA JOHN F. TOMASELLI AVRAHAM BEHAR SHAWN L. GARCIA KYRYLO TOROPCHYN CONRAD L. BELLARD II EULOGIO GARCIAFLORES PAUL A. TORREZ RYAN C. BELLMANN HECTOR W. GARCIARODRIGUEZ CARLOS M. TOSCANO CARLA L. BENDER CANDACE N. GARLAND ROBERT W. TOWNSEND, JR. EDER G. BENNETT JONATHAN K. GARMAN TYRONE N. TRAPNELL JOSEPH C. BENNETT QIONG GARNER

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TONYA L. GARRETT ALLAN F. LAGGUI EMILLE K. PROSKO STEFANIE M. GASKILL ROBERTO A. LAINEZ ROSECLAIRE PROSPER GRETCHEN D. GASKINS NATHAN A. LAISURE CHAD B. PROSSER GAREY L. GATES BRENDAN F. LAMB ROWAN L. PRUITT JOHANNES J. GEIST DAVID J. LAMMERS BRITTANY K. QUILES JENNIFER L. GENSLINGER WILL N. LANDAVERDE RAHEEM T. RAHNI ROY GEORGE NICHOLAS P. LANGE VINCENT T. RAMOS CURTIS A. GIBBS ERIN E. LANGLEY PAOLO G. RAPHAEL DEREK S. GIBSON MATTHEW D. LANGLEY STEVEN J. RAUCHBACH SCOTT A. GILBERT ASHLEY M. LANGSTON CONTANYA L. RAVIN CRISTINA C. GOMEZ NATHAN A. LARSEN JOHN B. RAYNOR KRISTIN R. GONZALEZ SHEMONIA T. LEA COURTNEY E. RAZON JERMAINE D. GOODMAN SCOTT A. LECHNER NATHAN R. RECTA JASON W. GOODSON ROBERT S. I. LEE JOSHUA A. REDMOND SHASHESHE L. GOOLSBY VON S. LENNOX KURT N. REYNOLDS BRIAN M. GRACE ROBERT D. LINDSEY MICHAEL G. RIDLON MICHAEL L. GRADDY, JR. MICHAEL S. LISTOPAD ADAN L. RIVAS ARTHUR D. GRAY JEREMY S. LITTREL MIGUEL J. RIVERATRISTANI NICHOLAS R. GRECO AVIS J. LIVERPOOL BERSY P. ROBERSON SHERRI A. GREGOIRE CURT Q. LIVINGSTON ELISSA R. ROBINSON COREY J. GRIFFIN ROBERT R. LOBDELL TOMIKA S. ROBINSON JEREMY D. GRIFFIN BENJAMIN J. LONG ROMAN A. RODRIGUEZ MICHAEL R. GRIFFIN ARIANNA LONGORIA GENEVIEVE B. RODRIQUEZ MAGATTE GUEYE BRITTANY L. M. LOPRESTI NEFJOVENY J. ROSA DERRICK C. GUILLORY KESIA S. LOYDBROWN ADRIAN ROSADO DEREK R. GUNTER BRANDON S. LUCAS DENNIS W. ROWE JEAN J. GWON RENE LUJAN TATIANA V. SABUROVA JUSTIN D. HACKETT CHERRY M. LUST JORDAN L. SALCEDO JAROD M. HAHN DAVID G. MACK KRISTAN M. SALTER BRIAN J. HALEY JOSHUA R. MALDEN JAMES P. SANDERS DAVID M. HALL KIMBERLY L. MALLARDBROWN SEONTAE J. SANDLAIN MARKEL HALL CLIFTON J. MALONE RENEE L. SANJUAN TANISHA C. HANSON HUMPHREY W. MARARO ELVIN J. SANTOSRENTAS ROCKY A. HARKLESS, JR. JAMES MARLEY MICHAEL G. SASLO JOSEPH N. HARMON JOANN M. MARQUEZ CHRISTOPHER L. SAWTELLE KEVIN A. HARRIS JACQUELIN N. MARRERO ANTHONY D. SAYLES LASHERDO M. HARRIS SARAH A. C. MARTIN MARK M. SCHILLY SHALLUM I. HARRIS RAUL MARTINEZ, JR. SHANE A. SCHRADER JOY L. HARRY SUSANA MARTINEZ BRANDON J. SCHWARTZ JON W. HATCHER MICHAEL R. MATERNICK STEPHEN J. SCHWARTZ JAMES M. HAWTHORNE JAMIE L. MATTHEWS ALICIA D. SCOTT ROBERT E. HAYNES LAKEISHA MATTHEWS KENNETH SCOTT ANTHONY S. HEBERLEIN CAROL M. MAUGAVAITAUTOLU LERAE B. SCOTT THOMAS E. HEIDORN MATTHEW N. MAYOR CHRISTINA A. SCOTTO ALANDA D. HENDERSON CLEOTILDE MAZZOCOGONZALES OLIVER R. SEARS, JR. GREGORY S. HENDERSON CAROLYN P. MCARTHUR SUMALINDINIE R. SERION MICHAEL A. HERMES VAUGHN R. MCCLINTOCK EDUARDO SERRANO JOHN A. HERMIDA, JR. ROOSEVELT J. MCCRAY DARRELL E. SHEPPEARD SARAH M. HERNANDEZ MELVIN MCDONALD III FRANKIE B. SHY LONNIE T. HILL ALEXANDRA C. MCGUIRE DEXTER D. SIMMONS ANDREW S. HINES TERI A. MCMAHAN DANIAL A. SINGER CODY A. HOLDER BRIAN C. MCNALLY JAMIE A. SINKER AARON B. HOLKER MISSY L. MCNEILL SAMUEL A. SISTARE DARIAS D. HOLLOWAY RODERICK S. MCNIEL DANIEL T. SLOAN MONICA M. HOLMES JODIE H. MCQUILLAN CHARLES F. SMITH SUNG Y. HONG SEAN M. MCSHERRY CHRISTINA D. SMITH ZACHARY B. HORNE JUSTIN R. MEREDITH DEVAN M. SMITH DAVID W. HORTON III NICHOLAS C. MILANO RICHARD A. SMITH TY P. HORTON RODNEY A. MILBOURNE SALOME SOTILLEO LAURA C. HOUCK ZACHARY S. MILLER WALTER F. SPRENGELER JACOB E. HOUSE DAVID N. K. MOBEE ADAM D. STEAR APRIL M. HOWARD HANS J. MOGELGAARD BRADLEY P. STEIMLE JAMES M. HOWARD, JR. KEYLA M. MOJICADIAZ JIMMY T. STEWART JOEL C. HOWARD, JR. MITCHELL D. MONETTE DOUGLAS S. STONER CORAETTA A. HOWELL KAREN J. MONIGAN ANIETRA D. STOVALL JEREMY M. HOWELL VICTOR M. MONTELLANO ANDRACHELLE E. STRAKA SHAUN A. HULSIZER KELCEE L. MOODY ALAN M. STRANGE MICHAEL T. IMDIEKE JESSE L. MORGAN IV MARCUS D. STRINGER SHINANE K. ISREAL JUDITH R. MORGAN SANDIS SULLIVAN II ASHIAN M. IZADI SHARLEEN L. MORGAN JAMES B. SUMMERSELL CHRISTOPHER G. JACKSON MICHAEL A. MORNER TRENT W. SUTTERFIELD MIKHAIL J. JACKSON JOHANNA A. MOSBY JESSE D. SWANZY KEVIN F. JAGUSCH LUCAS J. MOUTON QUERUBIN S. TAGULAO, JR. CHARDETTE L. JAMES JEFFREY S. MUIR JESSICA A. TAHILRAMANI TONI R. JAMES CHRISTOPHER E. MULLIS ERIC TAYLOR MARKLY JEANCHARLES JAMAL D. MURPHY JOSHUA P. TAYLOR SILVIA JEMUTAI ROLLIN B. MYERS RONALD C. TAYLOR THOMAS C. JEWELL STEVEN J. NASER JEFFREY R. TEPLIS JOSE A. JIMENEZ MATTHEW J. NETER TREVOR P. TETZLAFF CARREA L. JOHNSON JUSTIN A. NEWLIN WEDMAIER THENOR COREY N. JOHNSON DIANNA L. NEWTON KIETH A. THIERRY GEORGE E. JOHNSON KENNY K. NGUYEN JERRY L. THOMAS, JR. JERAME E. JOHNSON JENNIFER L. NICHOLAS ANTHONY E. THOMPSON SARAH E. JOHNSON BLAKE A. NIEWENHUIS JOSEPH E. THOMPSON SHEILA R. JOHNSON KINGSLEY C. ONYEMA MICHAEL L. THOMPSON SPENCER D. JOHNSON MARIA M. OROZCO REED G. TIMME TIMOTHY J. JOHNSON JORGE A. ORTIZ JAMES R. TOOMEY VIVLAVIA O. JOHNSON EUNICE E. OWUSUBOADI CHRISTOPHER J. TRILLING CHRISTOPHER D. JONES ANDREA D. PABODY MATTHEW TRUAX HUGH M. JONES DAVID J. PADDOCK ERIC E. TUBBS JAMES A. JONES MINOU PAK RYAN D. TUTTON SHAWN M. JONES DARYLE S. PALMER, JR. CHAD M. TYSON JASON K. JOST KEDRICK D. PALMER LILLIAN K. VAN PELT ANTHONY A. JOYCE ANTWON D. PARKER BENJAMIN B. VANBEURDEN BRADY C. JUELSON REGINALD F. PARKER CAROLYN P. VANDEVENTER CYR KAMGATABOPDA TERRENCE C. PARKER AMY M. VARNER MASIRAY A. KANNEHPEART ALVA M. PEARSON BRYAN J. VELEZ ADAM M. KARLEWICZ RACHEL L. PENNY JOHN P. VIDIKSIS III MICHELLE K. KELLEY JOSE L. PEREZ, JR. ALAN J. VILLANUEVA ANDREA L. KELLY JADDIEL PEREZCOLON ROYSTON S. VOGLEZON CHRISTOPHER J. KEMPF FERDINAND PEREZRIVERA KEVIN S. VOSS PAUL M. KILGORE GEORGE N. PERKINSON RAYSHUA WAGENHEIM ERIC Y. KIM TIMOTHY B. PETERS JACOB A. WALSH JAE H. KIM JOSHUA W. PETRUS CHARLES A. WALTON JAMAAL R. KIRKLAND JUDITH A. PHINN GREGORY B. WARDWELL STEPHEN F. KIROUAC DAVID M. PICARD WILLIAM T. WARREN JONATHAN M. KLEINFELT JOHN A. PICCIONE JAMES D. WEATHERS NICOLE R. KOEHLER JIMMY PLATA CAMERON D. WEBB KYMBERLY T. KOENIG VITALIY PLOKHOVSKYY ANDREW J. WEBER LYDIA KOH WILLIAM E. PONDER JEREMY M. WEEKS JASON A. KOMINIAK JASON A. PORTER JOSHUA S. WEINTRAUB ARMEJOY B. KOONTZ KEVIN L. PORTER JOHN W. WEIRAUCH FRANCIS J. KOYKAR SOLOMON A. PREKO JOSHUA J. WEISMAN MATTHEW T. KRAMER COLE S. PRICE JOHN D. WELCH JUSTIN M. KUHLMANN FERGUSON G. PRICE ERIC S. WENSTRUP KEVIN C. KUMLIEN THOMAS C. PRITCHARD ERNEST I. WEST CHRISTOPHER M. LADD TRAVIS A. PROPES KHANASTO J. WEST

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ROBIN J. WHARTON JOEL R. FREDRICKSON NEWTON R. ARIAS KIERNAN P. WHITE AVERROES A. FREEMAN VERBON D. BRADLEY III MICHAEL R. WHITE JOSHUA GOMPERT KEVIN M. BRENT KENYA U. WICKS DANIEL L. HANNUM STEVEN J. BRINKLEY JAMES B. WILBURN III DANIEL S. HAWTHORNE ERIC S. CLARK BRADLEY M. WILCOX SETH M. HAYDEN BENJIMAN D. COYLE BRANDON A. WILLIAMS MATTHEW D. HEINMILLER FORREST S. CROWELL DANELLA J. WILLIAMS PHILIP T. HENKE STEVEN CUEVAS GINA V. WILLIAMS NATHAN M. HICKS SAMUEL L. CURLEE HOPE WILLIAMS NATHAN R. JENKINS BRENT E. DEERING KYLE A. WILLIAMS AUSTYN W. KRUTSINGER CHRISTOPHER T. DEYOUNG TODD R. WILLIAMS MARK C. LESAK REBECCA L. DICKEY ALFIERITA A. WILSON WILLIAM B. LILES JOHN A. DUGGER DAVID A. WILSON SEAN M. LYNCH FRANK L. ELLIS EARL E. WILSON PHILIP J. MACIEJEWSKI JOHN P. ENGLISH JADE J. WILSON NEIL A. MILCHAK ROBERT M. FEDELE KEVIN L. WILSON JOSHUA S. NIKES TAMFU G. FOMUSO JUSTIN A. WINN HERBERT W. NORTON III DEISY R. WOLFE DANIEL OCONER MILES A. GARRETT MARY M. WONG BRADLEY D. PEMBERTON BRIAN F. GOTTFRIED JERIMIAH A. WOOD JULIAN C. PETTY SAMUEL W. GRAESSLE MICHAEL P. WOODARD ROY D. RAGSDALE DUNCAN N. HAMILTON KENNETH L. WOODFORD, JR. HYMAN H. RAYBORN II ROBERT N. HARRIS III NIRASARA WOODS JOSHUA C. SANCHEZ TERENCE P. HIGGINS IEISHA M. WOOLRIDGE SHANE A. SARTALAMACCHIA JAMES T. HOUGH STEPHANIE R. WORTH THOMAS M. SCHINDLER CHRISTOPHER A. ISLEY ADAM K. WRIGHT SARAH J. SMITH MEGAN E. JAMISON SHEMEKA L. WRIGHT JOSEPH U. STANLEY JASMINE D. LEE PAUL J. YI DARNELL STOKES KEVIN M. LEWMAN BYRON V. YOUNG ADAM J. SZCZYPKA JUSTIN C. MCCORKLE TAMARA N. YOUNG BRIDGER S. TERRA CHRISTIAN J. MINEUR JENNIFER C. YURK SARAH P. WHITE JUNG H. PARK PATRICK M. ZEBROWSKI STEVEN M. WHITHAM NATHANIEL S. PELLETIER PATRICIA E. ZUMWALT DANIEL J. WILD DAVID C. PHILLIPS D013472 LEONARD A. WILLIS, JR. BRIDGET M. RIORDAN D013513 JONATHAN P. WOOD THELMAR A. ROSARDA D014348 EUGINNA S. WOODS ALEX M. SCAPEROTTO D014355 BRADLEY W. YOUNG JOSHUA B. SEAGRAVE D014486 THOMAS E. ZASTOUPIL PATRICK D. SHANNON D014510 D013220 ERIC T. STROMME D014535 D013619 MICHAEL A. TARESCAVAGE D014862 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT W. TERRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES R. THOMPSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: HELENA J. VANGILDER UNDER TITLE 10, U.S.C., SECTION 624: DANIEL M. WOODS To be major To be major BRET A. YOUNT ELIZABETH A. FIELDS ALAN ADAME IN THE MARINE CORPS JAMES R. ARMSTRONG, JR. IN THE NAVY CRAIG T. BRECHLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARLO A. CAPPELLA THE FOLLOWING NAMED OFFICERS FOR TEMPORARY IN THE GRADE INDICATED IN THE IN THE REGULAR MA- TRAVIS A. CARRENO APPOINTMENT TO THE GRADE INDICATED IN THE RINE CORPS UNDER TITLE 10, U.S.C. SECTION 531: THOMAS J. CROSS UNDER TITLE 10, U.S.C., SECTION CARLINTON O. DOBSON 605: To be major ADAM B. DUBY To be lieutenant commander RICHARD EATON BETHANY S. PETERSON JAMES M. FASONE SCOTT A. ADAMS JON T. PETERSON

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TRIBUTE HONORING DR. R.A. American Clergy & Elected Officials—Brooklyn clearly referred only to the term ‘‘Western Civ- GREGG, COMMISSIONER, NYSCAB (Member), Bronx Clergy Task Force (Mem- ilization’’. I was not asking how the terms ber), the Global Alliance of Hispanic Law En- white nationalist and white supremacist have HON. MAX ROSE forcement Professionals (Chair, Board of become offensive. If there is any doubt as to OF NEW YORK Chaplains), God’s Whisper Burial Fund (Vice the accuracy of this accounting, I would direct IN THE HOUSE OF REPRESENTATIVES Chairman), the International Conference of you to the CSPAN video of my floor remarks Police Chaplains (Member), the National As- from that day, January 15, 2019. Wednesday, February 6, 2019 sociation for the Advancement of Colored As the descendant of abolitionists and Mr. ROSE of New York. Madam Speaker, I People (NAACP) (Member), National Baptist Union soldiers who fought and died to purge respectfully ask that you and my other distin- Convention (Member), the National Organiza- this land of the crime of human slavery, I well guished colleagues join me in honoring Dr. tion of Black Law Enforcement Executives know why certain terms—such as white na- R.A. Gregg for his consistently remarkable (NOBLE) (Regular Member), Clergy Leaders tionalist and white supremacist—are offensive. dedication to community affairs, community- Council (Member) and Occupy the Block (a And I always have and always will reject them police relations and his longstanding commit- Founding Member). completely. ment to improving our community. Each aspect of Dr. Gregg’s service to the While Dr. Gregg has a varied professional community speaks to his complete nature and I stipulate that the RECORD reflects precisely portfolio ranging from Commissioner and Chief his dedication to improving the quality of life my words, which are those of a man who Executive Officer of a community affairs non- for the residents of the community as well as loves his country and all its people and will profit organization that serves New York State for the police community. I am proud to say continue to work for the betterment of our so- to political campaign committee Chairman to that we have someone like Dr. R.A. Gregg liv- ciety for all Americans, who are all endowed Director of Operations for a family established ing in our community and am very grateful for by their Creator with certain unalienable rights boutique law firm, his dedication to providing all the work he has done and continues to do and are equal under the law. community affairs and improving community- to improve our community. police relations can be seen in all his endeav- Madam Speaker, it is with great pleasure f ors. Most recently, Dr. Gregg was appointed and admiration that I stand before you today the first Commissioner of the New York State to honor Dr. R.A. Gregg for his many years of HONORING JUDY HAWLEY Community Affairs Bureau, a nonprofit organi- selfless and compassionate service to the zation, by its Board of Governors. The Staten Island and Brooklyn community, and to NYSCAB is a volunteer organization com- all of our community’s residents and acknowl- HON. MICHAEL CLOUD prised of community, nonprofit and clergy edge his latest recognition which he shall re- OF TEXAS leaders as well as current, former and retired ceive at the 2019 Somos Albany Conference law enforcement officers and law enforcement held March 8–10, 2019 as well as recognize IN THE HOUSE OF REPRESENTATIVES and government officials that provides quality Dr. Gregg’s milestone birthday which is on Wednesday, February 6, 2019 community affairs services to New York State, March 9th. and its residents. f Mr. CLOUD. Madam Speaker, I rise today Beyond his dedication to ensuring that qual- to honor Judy Hawley, who devoted her life to ity community affairs services are provided to CLARIFYING REMARKS ON H. RES. serving the people of Corpus Christi, Texas. New York State, New York City and its resi- 41 Ms. Hawley received the 2018 nomination dents, Commissioner Gregg has a passion for for the Texas Transportation Hall of Honor, community-police relations. He is active in the HON. STEVE KING due in large part to her commitment and advo- law enforcement community and serves as a OF IOWA cacy for transportation infrastructure invest- Chaplain or Chaplain (ex-officio) for numerous IN THE HOUSE OF REPRESENTATIVES ment and policy decisions. organizations including the New York City De- partment of Correction’s Correction Officers’ Wednesday, February 6, 2019 Some of Ms. Hawley’s community involve- Benevolent Association (COBA), the New York Mr. KING of Iowa. Madam Speaker, on Jan- ment includes: eight years in the Texas House State Court Officers Association, the New uary 15, 2019, the House of Representatives of Representatives, Commissioner for the Port York City Police Department’s Detectives En- considered H. Res. 41, a resolution rejecting of Corpus Christi Authority from 2004 to 2016 dowment Association (DEA) and the New York white nationalism and white supremacy as (serving as Chair during the last two years), City Police Department’s Patrolmen’s Benevo- hateful expressions of intolerance that are chair of the Corpus Christi Regional Economic lent Association (PBA), among others. He also contradictory to the values that define the peo- Development Corporation, chair of the Texas serves as the Chief of the Chaplains Unit for ple of the United States. I voted for the resolu- State Aquarium Board, and co-chair of the the Law Enforcement Employees Benevolent tion because it cited accurately the misquote Chamber Infrastructure Committee. Association (LEEBA). Upon being appointed of my words by The New York Times and be- Furthermore, Ms. Hawley served as the Commissioner of NYSCAB, he established the cause I wholeheartedly agree with the rejec- former chair of the I–69 Advisory Committee. NYSCAB Volunteers in Police Service Unit to tion of white nationalism and white supremacy. During her tenure, she played a pivotal role in oversee and run the VIPS Program which is a I write today to emphatically correct the guiding the growth of essential trade corridors locally-driven Citizen Corps program that al- quote once again to align with what I actually linking ports, waterways, trains, airports, and lows community members to offer their time stated to The New York Times reporter and on highways from the Rio Grande Valley and the and talents to NYSCAB and local law enforce- the floor of the House of Representatives. As Coastal Bend, creating opportunities for local ment agencies. The VIPS program is man- I stated on the House floor, what I actually jobs and commerce. aged and implemented by the International said was ‘‘ ‘White nationalist, white suprema- Association of Chiefs of Police (IACP) and has cist—(there is a dash here as a pause) West- If not for Judy Hawley, critical issues, such registered the NYSCAB VIPS with the national ern civilization, how did that language become as the need for a rail master plan, an enduring VIPS program. offensive? Why did I sit in classes teaching replacement for the Harbor Bridge, and the For many years Dr. Gregg has been active me about the merits of our history and civiliza- development of Interstate 69 would not have in civic organizations. He serves as a Member tion’—that is the end of the quote—just to received the kind of attention they warranted. of the Board of Directors or as a Member of watch ‘Western civilization’ become a deroga- I would like to extend my heartfelt thanks the following organizations: Archdiocese of tory term in political discourse today?’’ and appreciation to Judy Hawley for her in- New York (Regional Advisory Board Member According to my actual words, the question credible service and devotion to the people of and School Advisory Board Member), African ‘‘how did that language become offensive?’’ Corpus Christi and the 27th District of Texas.

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

VerDate Sep 11 2014 05:10 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K06FE8.001 E06FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E138 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2019 IN HONOR OF 40 YEARS OF YES TO the 79th Fighter Squadron in 1999 as Chief of RECOGNIZING THE EIGHTEENTH YOUTH: MONTGOMERY COUNTY Standardization and Evaluation. Continuing his CONGRESS OF KAZAKHSTAN’S YOUTH SERVICES love of flight and earnest ability to help others, NUR OTAN PARTY Moses started instructing young and hopeful HON. KEVIN BRADY pilots, then becoming an Air Liaison and Flight HON. ALCEE L. HASTINGS OF TEXAS Commander in Fort Benning, Georgia. In 2007 OF FLORIDA he received an MBA from the University of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Maryland University College, and soon after Wednesday, February 6, 2019 finished another master’s degree, this time Wednesday, February 6, 2019 Mr. BRADY. Madam Speaker, today I rise to from the United States Air Force Command Mr. HASTINGS. Madam Speaker, I rise recognize the Fortieth Anniversary of one of and Staff College. After more positions in today to recognize the Nur Otan party in my community’s finest service organizations, leadership as a commander in Germany and Kazakhstan for its twentieth anniversary and Yes to Youth—Montgomery County Youth senior advisor to the Iraqi Ministry of Defense the convening of its eighteenth Congress in Services. in Baghdad, Moses Thompson is now the Astana, Kazakhstan later this month. The Nur Established on February 2, 1979, Yes to Chief of Advanced Weapons Systems at the Otan party has made Kazakhstan’s growth in Youth (Y2Y) has faithfully served the Mont- U.S. Air Force Headquarters Air Combat Com- the region, and around the world, its core mis- gomery County community for four decades. mand. sion through ‘‘Kazakhstan 2050’’. Their noble mission is to empower teens and After a lengthy and dedicated career, Colo- This strategy seeks to place the country in their families by building up their existing nel Thompson will now retire with his wife Ali. the top 30 global economies by 2050 by in- strengths, expanding their access to opportu- He has been described as a ‘‘powerful, inspi- vesting in not only economic sectors; but nities, and overall, enhancing their lives. Their ration, and effective leader,’’ known for his in- through social initiatives as well. For instance, selfless service, hard work, and dedicated tegrity and ability to ‘‘make the difficult look President Nazarbayev, Chairman of Nur Otan, commitment to this mission has inspired and easy.’’ As previously stated, he has had many has singled out investments in public housing, positively affected countless lives in our com- titles and many honorable positions, but his education, small business, economic diver- munity. selfless action and dedicated service are what sification, and energy. Y2Y first began providing services to teens keep Americans safe. People like Moses are Madam Speaker, we must encourage such facing crises through the launch of their crisis special and rare, and our country is blessed to development, but we must also never forget hotline. As the organization expanded over the have had him serve our people. the role Kazakhstan has played in our fight years, so too did the scope of the services of- Madam Speaker, I ask you to join me in against terrorism and the immense role the fered to those in need. Today, the organiza- recognizing the many accomplishments of country has played in the global cause of non- tion offers a wide variety of resources and ini- Colonel Michael ‘‘Moses’’ Thompson, honoring proliferation. In Afghanistan, Kazakhstan has tiatives to serve teens and their families. To his love of country and service he has given provided invaluable support for supply lines name just a few, Y2Y offers group and family to our great nation. used by the International Security Assistance mental health counseling, school presentations Force (ISAF) Coalition, while also conducting on crisis situations, suicide prevention, emer- f joint military training programs with American gency youth shelter, outreach program from and North Atlantic Treaty Organization (NATO) homeless teens, and a support program for CELEBRATION AND RECOGNITION forces in the Central Asian steppes. As for young adults. OF NILDA L. WILSON non-proliferation, Kazakhstan, under President These services have not only saved count- Nazarbayev’s steady leadership, has not only less lives, but they have made Montgomery relentlessly championed the cause of nuclear County a better place to call home. The quali- HON. ADRIANO ESPAILLAT disarmament, but it has also established the ties that Y2Y and its volunteers embody rep- OF NEW YORK world’s first-ever Low Enriched Uranium Fuel resent the best in our society, and today is Bank, in order to ensure stable civil nuclear IN THE HOUSE OF REPRESENTATIVES about making sure they know the tireless work energy use worldwide. they do to improve our community does not go Wednesday, February 6, 2019 Madam Speaker, it is abundantly clear that unnoticed. Kazakhstan has been, and continues to be, a It is my absolute honor to congratulate the Mr. ESPAILLAT. Madam Speaker, Nilda L. strong partner of ours in Central Asia, and it Y2Y team today as they celebrate four dec- Wilson has been a longtime leader in the Do- is my hope that the U.S.-Kazakhstan relation- ades of extraordinary service. I know I speak minican community. She was among the origi- ship will continue to strengthen to the benefit for the entire Eighth Congressional District of nal co-founders of many non-profit charities in- of both countries. Texas when I say, thank you. Madam Speak- cluding the Dominican Medical Society Wom- er, please join me in honoring Y2Y’s Fortieth en’s Chapter, Dominicanos Pro-Ayuda A La f Anniversary and their positive impact on the Nin˜ez, and many more philanthropic activities HONORING MAYOR JOE D. HERMES Montgomery County community. supporting the community. f Nilda L. Wilson with her husband Dr. James A. Wilson, have for over 40 years managed HON. MICHAEL CLOUD IN RECOGNITION OF COLONEL and operated one of the earliest Dominican OF TEXAS MICHAEL ‘‘MOSES’’ THOMPSON medical practices in Washington Heights in IN THE HOUSE OF REPRESENTATIVES New York’s 13th Congressional District. HON. ROBERT J. WITTMAN Wednesday, February 6, 2019 They were among the first Dominican med- Mr. CLOUD. Madam Speaker, I rise today OF VIRGINIA ical practices in Northern Manhattan first es- IN THE HOUSE OF REPRESENTATIVES to honor Mayor Joe D. Hermes, an Edna na- tablished in 1966 on the corner of 178th St. & tive who dedicated his life to public service Wednesday, February 6, 2019 Audubon Ave. and remained in the same loca- and his community. Mr. WITTMAN. Madam Speaker, I rise tion serving the Dominican community through Mayor Hermes first moved to Edna when he today to recognize the retirement of Colonel their retirement in 2006. was six years old and has considered it his Michael ‘‘Moses’’ Thompson. As a member of Nilda L. Wilson has always felt a strong and home ever since. His first public service role the United States Air Force, ‘‘Moses,’’ his call enduring responsibility to care for those in came as council member from 1979 to 1987. sign as an F–16 pilot, plans his retirement need of health care especially in Washington He was then elected Mayor in 1987. After forty after 24 years of dutiful service to his country. Heights and Northern Manhattan. Ms. Wilson devoted years of serving the people of Edna, With his long and successful career in a and Dr. Wilson have maintained and strength- Mayor Hermes has decided to retire. many number of leadership positions, Colonel ened their ties to the Dominican Republic Since Mayor Hermes took office, Edna has Moses Thompson will officially retire in the helping sponsor medical students and trainees built three parks and a swimming pool, pur- summer of this year. His career began at the coming to the United States. chased and restored property for the city, United States Air Force Academy in 1991 Nilda L. Wilson and her remarkable family moved City Hall from the building that now ac- where he majored in Political Science and have reached extraordinary professional suc- commodates the Edna Police Department, and International Relations. He became an F–16 cess and continue to give back to the Domini- navigated the community through difficult eco- Pilot of the 14th Fighter Squadron, then joined can-American community. nomic times.

VerDate Sep 11 2014 05:10 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.003 E06FEPT1 dlhill on DSK3GLQ082PROD with REMARKS February 6, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E139 Mayor Hermes’ service to Edna includes REMEMBERING THE LIFE OF cation at Arizona State University after serving various board member and committee mem- MOZELLE W. MYERS in the Army. He graduated in 1958 and re- ber positions on the Golden Crescent Re- ceived his master’s degree in sociology in gional Planning Commission, the Jackson HON. JAMES E. CLYBURN 1960. Mr. Salter alternated between activism County Industrial Foundation and the Jackson OF SOUTH CAROLINA and teaching. He pursued his tenure in both County Chamber of Commerce and Agri- IN THE HOUSE OF REPRESENTATIVES education and activism in Vermont, the State of Washington, Rochester, New York, Chi- culture, among others. Wednesday, February 6, 2019 cago, at the University of Iowa, Dine´ College, Mayor Hermes’ retirement will afford him the Mr. CLYBURN. Madam Speaker, I rise and the University of North Dakota. His opportunity to spend more time with some of today to pay tribute to an extraordinary woman worked encompassed a variety of services in- his most important constituents, his three chil- who possessed an adventurous spirit and a cluding Directing the Department of American dren and grandchildren, all of whom live within big heart. Mrs. Mozelle Myers passed away on Indian Studies at the University of North Da- two hours of the city. Nevertheless, he will re- Thursday, January 31, 2019, but her legacy kota, teaching, and working with street gangs main involved in the community. remains with us through the many lives she in Chicago. Mr. Salter worked as a labor orga- I would like to extend my heartfelt thanks touched during her 82 years among us. nizer in Arizona, the NAACP’s Mississippi field and appreciation to Mayor Joe D. Hermes for Mozelle, the daughter of the late Reverend secretary, and organized the Jackson Move- his tremendous public service and dedication Willie Williams and Inez Williams Brown, was ment. to the people of Edna. He is a model of gen- born on March 16, 1936. She was an honor John Salter, Jr. died on Monday, January 7, erosity and embodies the spirit of Edna, graduate of Burke High School and graduated 2019, at 84 years of age. He and his wife Eldri Summa Cum Laude from Claflin University in Texas. Johanson, who died in 2015, had been mar- 1958. She married her college sweetheart and ried for 54 years. He is survived by four chil- classmate, AME Presiding Elder Samuel L. f dren, Maria Salter and Josephine Evans, both Myers. of Pocatello, and John Salter III and Peter RECOGNIZING THE CANANDAIGUA Mrs. Myers had a passion for learning and Salter, both of Lincoln, Neb.; a brother; 12 VA MEDICAL CENTER service that led to a lifelong pursuit of knowl- grandchildren; and two great-grandchildren. edge. She continued her education at the Uni- Madam Speaker, today I honor the life of versity of Notre Dame, South Carolina State Mr. John Salter, Jr. for his many contributions HON. ANTHONY BRINDISI University, the University of South Carolina, to education and civil rights. Salter made a ca- and the College of Charleston. Mrs. Myers reer of serving others, and his work had a di- OF NEW YORK shared her deep appreciation for knowledge rect and positive influence on the lives of lit- IN THE HOUSE OF REPRESENTATIVES with future generations, devoting 30 years to erally thousands. teaching at Bonds Wilson and North Charles- f Wednesday, February 6, 2019 ton High Schools. Her desire to learn ex- tended beyond the classroom and inspired her CELEBRATION AND RECOGNITION Mr. BRINDISI. Madam Speaker, I rise today to study the Bible and ancient history. OF JUDGE MARY V. ROSADO on behalf of my constituent to recognize the As a First Lady of the African Methodist staff of the Canandaigua, New York U.S. De- Episcopal Church, Mrs. Myers supported her HON. ADRIANO ESPAILLAT partment of Veterans Affairs (VA) Medical husband’s mission in ministry while remaining OF NEW YORK Center. a leader in the church and her community. As IN THE HOUSE OF REPRESENTATIVES Health care for our nation’s veterans is truly a leader in the Women’s Missionary Society Wednesday, February 6, 2019 for over 50 years she supported scholarship one of the most important services the federal Mr. ESPAILLAT. Madam Speaker, I rise and community building efforts. government provides. All too often however, today to recognize and celebrate the elevation we read news stories about substandard and Her favorite words of inspiration were, ‘‘Lord, when it’s my time to leave, let me come of Judge Mary V. Rosado to the New York unacceptable care that those who served our home to you with a clean heart and a peaceful State Supreme Court, the highest-ranking country in uniform receive. I was heartened re- soul. I have fought a good fight; now let me court in the State of New York. cently to receive correspondence from a con- Judge Rosado is a lifelong resident of Man- rest in your loving arms.’’ stituent, Beth Jones of Rome. Beth is the sis- In addition to her husband of 61 years, she hattan and was raised in the Jefferson Houses ter of a Vietnam veteran who served a total of is survived by her loving daughters, Ms. An- in East Harlem in New York’s 13th Congres- six years in the Air Force and Army. He suf- gela Myers and Ms. Sarita Myers; a special sional District. From an early age, Judge Rosado was an fered trauma connected to his service, and grandson, Brandon Jackson-Williams; siblings, omnipresent contributor to the local community through the years has resided in several facili- Rev. Dr. Alfred Williams, Mrs. Luethel McNeil, organizing daytime summer camps in East ties for veterans. Mrs. Mildred Williams, Mrs. Leila Daniels, Mrs. Harlem. Before starting her legal career, she Beth told my office that, for nearly ten years, Rebecca Small, Mrs. Bessie Simmons, Mrs. was a committed educator in the New York Gloria Edwards, Mrs. Susie Williams Manning, her brother has resided at the VA’s City Public Schools for seven years teaching Mr. Leon Williams, and nieces, nephews, Canandaigua community living center. During Social Studies and English. that time, he and the other patients there have cousins and friends. She was predeceased by As the oldest of ten children born to Puerto received individual attention with staff mem- her devoted brother, Isaac Williams, who also Rican migrants to the U.S., Judge Rosado has bers that take care of any health issues or served as an aide to me for many years. committed herself to scholastic achievement Madam Speaker, I ask that you and my col- other concerns promptly; communicate with as a graduate of Hunter College of the City leagues join me in offering our heartfelt condo- out of town family members; and maintain the University of New York (CUNY) where she re- lences to Mozelle Myers’ family and friends. facility so that it is a clean, comfortable envi- ceived her B.A. and M.A. and Fullbright Schol- Her extraordinary faith and dedication to serv- ronment for its residents. ar in Cairo, Egypt before receiving her J.D. ing others are the hallmarks of a life well lived. On Beth’s behalf, I would like to commend from Columbia University Law School. f the staff of the Canandaigua VA Medical Cen- Judge Rosado through her professional and ter for providing such devoted and compas- HONORING MR. JOHN SALTER, JR. pro-bono work has become an acclaimed sionate care to this veteran and his family. community activist and is the Founder and Our nation’s veterans have earned our stead- HON. BENNIE G. THOMPSON President of Friends of the West 59th Street Recreation Center Inc., Puerto Rican Bar As- fast support and respect, and I am glad to OF MISSISSIPPI sociation, Dominican Bar Association, Wom- hear that this military family has received the IN THE HOUSE OF REPRESENTATIVES care they needed at Canandaigua. en’s Bar Association, Harlem School of the Wednesday, February 6, 2019 Arts, Inc., Amsterdam Action Community As- Veterans in New York and across the coun- Mr. THOMPSON of Mississippi. Madam sociation, Dominican Women’s Caucus, and try deserve this same level of care, and I will Speaker, I rise today to honor Mr. John Salter, proud participant in the Mentor-Guardian ad continue fighting to ensure that they have the Jr. on his great contributions to civil rights ac- litem program with the Civil Court of the City support and resources they need both when tivism. of New York. wearing our country’s uniform, and when they Born in Chicago and raised in Flagstaff, Ari- Judge Rosado has forged a thirty-year legal return home. zona, John began his journey to higher edu- career which epitomized with the creation of

VerDate Sep 11 2014 05:10 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.007 E06FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E140 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2019 her very own practice in 1998, the Law Office IN RECOGNITION OF CYRUS term sustainability, issues like climate of Mary V. Rosado. Since then, she has TARAPOREVALA’S REMARKS ON change or cybersecurity. And, yes, gen- served as Manhattan Civil Court judge and THE OCCASION OF THE INSTAL- der diversity. now ascends to serve in the First District of LATION OF THE ‘‘FEARLESS ‘‘There is a growing body of data that the New York State Supreme Court. GIRL STATUE’’ AT THE NEW suggests cognitive diversity contrib- YORK STOCK EXCHANGE utes to better decision-making at the f board level. These studies show that REMEMBERING THE LIFE OF HON. CAROLYN B. MALONEY gender-diverse boards pay more atten- SANDRA ELLA LEE OF NEW YORK tion to risk management, and are less IN THE HOUSE OF REPRESENTATIVES inclined toward cronyism and Wednesday, February 6, 2019 groupthink. In other words, all other HON. TIM RYAN things being equal, these companies OF OHIO Mrs. CAROLYN B. MALONEY of New York. tend to be better managed. So, for us, Madam Speaker, I rise to recognize and in- IN THE HOUSE OF REPRESENTATIVES advocating for gender diversity is not clude in the RECORD remarks made by State Wednesday, February 6, 2019 part of some kind of political agenda. Street Global Advisors CEO, Cyrus It’s part of our long-term performance Mr. RYAN. Madam Speaker, I rise today to Taraporevala, at the unveiling of the ‘‘Fearless agenda. This is about value, not values. honor the life of Sandra Ella Lee, age 71, who Girl’’ statue at the passed away peacefully on Sunday, October (NYSE) on December 10, 2018. The ‘‘Fearless ‘‘Yet in early 2017, one in four compa- 21, 2018 at Holy Cross Hospital in Silver Girl’’ was commissioned by State Street to nies in the Russell 3000—the 3,000 larg- Spring, Maryland. draw attention to the small number or women est public companies in the U.S.—still Sandra Ella Lee, one of four daughters born in leadership positions on Wall Street. She didn’t have a single woman on their to Ralph W. Lee and Flossie A. Lee, arrived was moved from her original location opposite board. Not one, despite evidence that unexpectedly early on the morning of April 1, the ‘‘Charging Bull’’ statue near Bowling Green shows it is in their best long-term in- 1947, on the way to Gallinger Hospital in to a permanent place in front of NYSE: terest. Washington, D.C. She was a tiny baby with a ‘‘Thank you Lori. It is so exciting to ‘‘Then, Fearless Girl came along—a pair of lungs so powerful that only her father’s be here to unveil Fearless Girl at her symbol of our efforts to get more deep bass voice could coax her to quiet down. new home where she will have an even women on corporate boards. Since her She attended Washington, D.C. Public bigger stage to make an even bigger installation, 301 of the companies iden- Schools where she was a good student known impact. tified as having no women at all on for crisp wise cracks and phenomenal danc- ‘‘I want to thank everyone who their boards have added a female direc- ing. She was raised as a faithful member of helped make this day happen: Mayor de tor. And another 28 have committed to Shiloh Baptist Church, where she was bap- Blasio and his team; the Department of doing so. In addition, many other in- tized at age 9. Sandra graduated in Eastern Transportation; the Landmarks Preser- vestment managers and institutions Senior High School’s Class of 1965 and later vation Commission; the New York have stepped forward to advocate for attended Federal City College, now known as Stock Exchange, in particular Betty greater gender diversity on boards as the University of the District of Columbia. Liu and the Exchange president Stacey well. During a 40-year career, Sandra held posi- Cunningham—who are here today; Con- ‘‘All told, $15 trillion in total share- tions with both federal and city governments, gresswoman Maloney; the thousands of holder assets now publicly back greater including assignments at the Board of Gov- women in leadership; and, the millions gender diversity on boards. And while ernors of the Federal Reserve, the D.C. May- of Fearless Girl fans worldwide. there’s still a lot more work to do, the or’s Office on Aging, and the D.C. City Coun- ‘‘Throughout this campaign, even number of companies in the Russell cil. She worked with the staff of City Council today, many people have asked: Why is 3000 without a female board director member Vincent Gray until her death. And, State Street Global Advisors—one of has now actually dropped by a third. she was a volunteer who helped serve meals the largest investment managers in the It’s gone from 24% to 16%. to homeless city residents on Thanksgiving world—so focused on an issue like gen- ‘‘But for me, there’s also something Day every year. der diversity? l’d like to explain. Among her many accomplishments, Sandra ‘‘Our clients are businesses and orga- deeply personal about Fearless Girl’s was nominated by Ward 7 Council member nizations serving millions of people new location here at the New York Vincent Gray to receive the 2018 Ward 7 across the globe. They’re pension plans Stock Exchange. Nearly 30 years ago I Women of Excellence Award. This award was helping to fund a teacher or police- was fortunate to have a summer in- presented to her on March 27, 2018. man’s retirement. They’re foundations ternship right here at the Exchange. I Sandra was also an active, longtime, and investing in scientific and environ- worked as a specialist on the floor of devoted member of New Bethel Baptist mental breakthroughs. And advisors the Exchange in 1989. It was the first Church, where she attended Bible Study and helping moms and dads figure out how job in America for this immigrant. Prayer Services. She was also active in the to make the numbers add up so they Every day I would grab my lunch and Women’s Ministry and participated in many can pay for their children’s college sit on those steps at the Federal Build- community outreach projects. education. Our goal is to ensure the in- ing, next to George Washington’s stat- Sandra is preceded in death by her parents; vestments we manage on their behalf ue, and I’d look at that powerful sym- brother, Ralph W. Lee, Jr; grandchild, Troy perform for the long-term. bol of capitalism that the New York Jackson, Jr.; and great grandchild, Kayla Rose ‘‘Now, on our active management Stock Exchange facade represents. Taylor. She is survived by her children, Troy side of the business—where portfolio ‘‘Now Fearless Girl will be part of Jackson (Moana) and Terri Christene Phillips managers pick the stocks they want to that powerful image to inspire the next (Mark); grandchildren: Janay Jackson, Andre invest in—if they don’t like a company summer intern, the next public leader, Taylor, Taylor Jackson, Darrell West, II, or the way it is behaving, it’s quite and the next business leader of one of DeOndre Wright, Deyares Jackson, Diamond simple: they sell the stock. On the the companies traded on this Ex- Jackson, and Ayanna Jackson; two great index side, our portfolio managers change. grandchildren: Kennedy Rose Taylor and An- don’t have that luxury. They just can’t ‘‘That’s why I believe Fearless Girl is tonio Kingwood, : Jessica Lee sell the stock. As long as that company not only reinventing the way we in- Lalanne (Joseph), Donna Lee Frederick is in the index we have to hold the vest, she is also changing the way we (Keith), and Dianne Lee; three nieces: Dawn stock. We can’t give our clients the re- see the world. Bragg, Dana Queen, and Nakeya Proctor; one turns of the S&P 499, when they expect ‘‘Once again a big thank you to ev- aunt, Greta L. Dunn; and a host of other fam- the S&P 500. That’s not how it works. eryone who made this possible.’’ ily and friends. ‘‘That means we actually have to en- I am very proud to be a friend of her son, gage those companies with our voice Madam Speaker, I ask my colleagues to join Troy Jackson. I extend my deepest sym- and vote as a large shareholder—to me in recognizing Cyrus Taraporevala’s re- pathies to all the family and friends whose push them to take seriously the issues marks and the inspiring message of the ‘‘Fear- lives were blessed by Sandra Ella Lee. we believe are important to their long- less Girl’’ statue.

VerDate Sep 11 2014 05:10 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.011 E06FEPT1 dlhill on DSK3GLQ082PROD with REMARKS February 6, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E141 HONORING JEAN MEADORS I would like to extend my thanks and grati- Born and raised in San Pedro, California, tude to Jean Meadors for her gracious heart Dave began working on the docks of the Wil- HON. MICHAEL CLOUD and contribution to developing the eager mington waterfront when he was only 18 years OF TEXAS minds of Corpus Christi. Her stories will be old. Dave became involved with International dearly missed, but her legacy lives on in the IN THE HOUSE OF REPRESENTATIVES Longshore and Warehouse Union (ILWU) and generations of book readers and story tellers served three terms as local president before Wednesday, February 6, 2019 she inspired. being elected as the International President. Mr. CLOUD. Madam Speaker, I rise today f Despite reaching the highest office of the to honor Jean Meadors, who dedicated her life HONORING THE LIFE OF MR. union, Dave always described himself as a to educating and serving her community. DAVID ARIAN ‘‘rank and filer,’’ and maintained his open and Jean Meadors’ love of teaching and books down to earth demeanor. motivated her to devote the last thirty years in- After his retirement, Dave was appointed to spiring and educating children at the Owen R. HON. TED LIEU OF CALIFORNIA the Los Angeles Board of Harbor Commis- Hopkins Public Library in Corpus Christi. IN THE HOUSE OF REPRESENTATIVES sioners, where he used his decades of exper- As the Youth Librarian, Meadors was known tise to reduce air emissions and set a record for her popular story-telling series, ‘‘Miss Wednesday, February 6, 2019 for cargo volume. Dave served on the com- Jean’s Story Time Kids,’’ which has been a Mr. TED LIEU of California. Madam Speak- mission until his death, all the while fighting for tradition at the public library for decades. er, I rise to remember and celebrate the life of what was best for the dockworkers and main- Meadors started her ‘‘Story Time Kids’’ series Mr. David Arian, a tireless defender of the to introduce children to an interactive book rights of dockworkers and an invaluable mem- taining a vision of the port’s future. reading experience. ber of our community. Over the course of his Dave is survived by his children, Sean and Her selfless devotion to the children of Cor- remarkable career, Dave rose to be the Inter- Justine, his sister Laraine, five grandchildren, pus Christi has made an impact on the com- national President of the International and many nieces, nephews and cousins. Dave munity that spans generations. Individuals like Longshore and Warehouse Union and later is also remembered by countless friends and Jean Meadors serve as an inspiring role served on the Los Angeles Harbor Commis- colleagues on whom he left a lasting impres- model to all. sion. sion.

VerDate Sep 11 2014 05:10 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.014 E06FEPT1 dlhill on DSK3GLQ082PROD with REMARKS E142 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2019 SENATE COMMITTEE MEETINGS FEBRUARY 13 States Code, to modify the continu- Time to be announced ation of service provision for members Title IV of Senate Resolution 4, Committee on the Judiciary of the Merit Systems Protection Board, agreed to by the Senate of February 4, To hold hearings to examine pending an original bill entitled, ‘‘Presidential 1977, calls for establishment of a sys- nominations. Transition Enhancement Act of 2019’’, tem for a computerized schedule of all SD–226 an original bill entitled, ‘‘Providing Accountability Through Transparency meetings and hearings of Senate com- 9:30 a.m. Committee on Armed Services Act of 2019’’, an original bill entitled, mittees, subcommittees, joint commit- To receive a closed briefing on cyber op- ‘‘Federal Rotational Cyber Workforce tees, and committees of conference. erations to defend the midterm elec- Program Act of 2019’’, an original bill This title requires all such committees tions. entitled, ‘‘Payment Integrity Informa- to notify the Office of the Senate Daily SVC–217 tion Act of 2019’’, an original bill enti- Digest—designated by the Rules Com- 10 a.m. tled, ‘‘Fair Chance Act’’, and the nomi- mittee—of the time, place and purpose Committee on Commerce, Science, and nations of Dennis Dean Kirk, of Vir- Transportation of the meetings, when scheduled and ginia, to be Chairman, and Julia Akins To hold hearings to examine the nomina- Clark, of Maryland, and Andrew F. any cancellations or changes in the tions of Janice Miriam Hellreich, of Maunz, of Ohio, both to be a Member, meetings as they occur. Hawaii, Robert A. Mandell, of Florida, all of the of the Merit Systems Protec- As an additional procedure along Don Munce, of Florida, and Bruce M. tion Board, and Ronald D. Vitiello, of Ramer, of California, each to be a with the computerization of this infor- Illinois, to be an Assistant Secretary of Member of the Board of Directors of Homeland Security. mation, the Office of the Senate Daily the Corporation for Public Broad- SD–342 Digest will prepare this information for casting, and a routine list in the Coast Commission on Security and Cooperation printing in the Extensions of Remarks Guard. in Europe section of the CONGRESSIONAL RECORD SD–G50 To receive a briefing on asset recovery in on Monday and Wednesday of each Committee on Environment and Public Eurasia. week. Works SD–562 To hold hearings to examine the invasive 10:30 a.m. Meetings scheduled for Thursday, species threat, focusing on protecting Committee on Rules and Administration February 7, 2019 may be found in the wildlife, public health, and infrastruc- Business meeting to consider S. Res. 50, Daily Digest of today’s RECORD. ture. improving procedures for the consider- SD–406 ation of nominations in the Senate, an Committee on Homeland Security and original resolution authorizing expend- MEETINGS SCHEDULED Governmental Affairs itures by committees for the 116th Con- Business meeting to consider S. 195, to FEBRUARY 12 gress, and committee rules. require the Director of the Government SR–301 9:30 a.m. Publishing Office to establish and 2 p.m. Committee on Armed Services maintain a website accessible to the Committee on Armed Services To hold hearings to examine the United public that allows the public to obtain Subcommittee on Personnel States Indo-Pacific Command and electronic copies of all congressionally To hold a joint hearing to examine the United States Forces Korea in review mandated reports in one place, S. 196, current condition of the Military Hous- of the Defense Authorization Request to save taxpayer money and improve ing Privatization Initiative. for fiscal year 2020 and the Future the efficiency and speed of SD–G50 Years Defense Program. intragovernmental correspondence, S. SD–G50 315, to authorize cyber hunt and inci- FEBRUARY 14 10 a.m. dent response teams at the Department Committee on Health, Education, Labor, of Homeland Security, S. 333, to au- 2 p.m. and Pensions thorize the Secretary of Homeland Se- Select Committee on Intelligence To hold hearings to examine managing curity to work with cybersecurity con- To receive a closed briefing on certain pain during the opioid crisis. sortia for training, S. 74, to prohibit intelligence matters. SD–430 paying Members of Congress during pe- SH–219 2:30 p.m. riods during which a Government shut- Committee on Armed Services down is in effect, H.R. 504, to amend FEBRUARY 27 To receive a closed briefing on the the Homeland Security Act of 2002 to 2:30 p.m. United States Indo-Pacific Command require the Department of Homeland Committee on Armed Services and United States Forces Korea in re- Security to develop an engagement Subcommittee on Personnel view of the Defense Authorization Re- strategy with fusion centers, an origi- To hold an oversight hearing to examine quest for fiscal year 2020 and the Fu- nal bill entitled, ‘‘Guidance Out Of military personnel policies and mili- ture Years Defense Program. Darkness Act’’, an original bill to tary family readiness. SVC–217 amend section 1202 of title 5, United SR–222

VerDate Sep 11 2014 05:10 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M06FE8.000 E06FEPT1 dlhill on DSK3GLQ082PROD with REMARKS Wednesday, February 6, 2019 Daily Digest Senate Chamber Action Appointments: John C. Stennis Center for Public Service Routine Proceedings, pages S875–S1030 Training and Development Board of Trustees: The Measures Introduced: Twenty-five bills and seven Chair announced, on behalf of the Democratic Lead- resolutions were introduced, as follows: S. 342–366, er, pursuant to the provisions of Public Law and S. Res. 47–53. Pages S919–20 100–458, sec. 114(b)(2)(c), the appointment of the Measures Reported: following individual to serve as a member of the S. Res. 47, authorizing expenditures by the Com- Board of Trustees of the John C. Stennis Center for mittee on Banking, Housing, and Urban Affairs. Public Service Training and Development for a term S. Res. 48, authorizing expenditures by the Com- expiring 2020: Senator Coons vice Mike Moore of mittee on Commerce, Science, and Transportation. Mississippi. Page S1023 S. Res. 49, authorizing expenditures by the Com- Joint Committee on Taxation: The Chair an- mittee on Homeland Security and Governmental Af- nounced on behalf of the Committee on Finance, fairs. pursuant to section 8002 of title 26, U.S. Code, the S. Res. 51, authorizing expenditures by the Select designation of the following Senators as members of Committee on Intelligence. the Joint Committee on Taxation: Senators Grassley, S. Res. 52, authorizing expenditures by the Com- Crapo, Enzi, Wyden, and Stabenow. Page S1023 mittee on Indian Affairs. Pages S981–19 Congressional Advisers on Trade Policy and Ne- Measures Passed: gotiations: The Chair, in accordance with Public Law 93–618, as amended by Public Law 100–418, Supporting the Contributions of Catholic on behalf of the President pro tempore and upon the Schools: Committee on Health, Education, Labor, recommendation of the Chairman of the Committee and Pensions was discharged from further consider- on Finance, appointed the following Members of the ation of S. Res. 33, supporting the contributions of Finance Committee as congressional advisers on trade Catholic schools, and the resolution was then agreed policy and negotiations to International conferences, to. Page S1023 meetings and negotiation sessions relating to trade 100th Anniversary of the Office of Legislative agreements: Senators Grassley, Crapo, Roberts, Counsel: Senate agreed to S. Res. 53, recognizing Wyden, and Stabenow. Page S1023 the staff of the Office of Legislative Counsel of the Washington’s Farewell Address: The Chair, on Senate on the occasion of the 100th anniversary of behalf of the Vice President, pursuant to the order the Office. Page S1023 of the Senate of January 24, 1901, as modified by Measures Considered: the order of February 6, 2019, appointed Senator Fischer to read Washington’s Farewell Address on Natural Resources Management Act—Agree- Monday, February 25, 2019. Page S1023 ment: Senate continued consideration of the motion to proceed to consideration of S. 47, to provide for Washington’s Farewell Address—Agreement: A the management of the natural resources of the unanimous-consent agreement was reached providing United States. Pages S876–S908 that notwithstanding the resolution of the Senate of A unanimous-consent agreement was reached pro- January 24, 1901, the traditional reading of Wash- viding for further consideration of the motion to ington’s Farewell Address take place on Monday, proceed to consideration of the bill, post-cloture, at February 25, 2019, at a time to be determined by approximately 12 noon, on Thursday, February 7, the Majority Leader, in consultation with the Demo- 2019, with all post-cloture time on the motion to cratic Leader. Page S1023 proceed to consideration of the bill expired. Nominations Received: Senate received the fol- Page S1023 lowing nominations: D121

VerDate Sep 11 2014 04:19 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE9.REC D06FEPT1 dlhill on DSK3GLQ082PROD with DIGEST D122 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2019 Todd M. Harper, of Virginia, to be a Member of the National Credit Union Administration Board for Committee Meetings a term expiring April 10, 2021. (Committees not listed did not meet) Travis Greaves, of the District of Columbia, to be a Judge of the United States Tax Court for a term ARMY READINESS of fifteen years. Committee on Armed Services: Subcommittee on Readi- Mark Van Dyke Holmes, of New York, to be a ness and Management Support concluded a closed Judge of the United States Tax Court for a term of hearing to examine United States Army readiness, fifteen years. after receiving testimony from Mark T. Esper, Sec- Courtney Dunbar Jones, of Virginia, to be a Judge retary of the Army, General Mark A. Milley, USA, of the United States Tax Court for a term of fifteen Chief of Staff of the Army, both of the Department years. of Defense; and John H. Pendleton, Director, De- Emin Toro, of Virginia, to be a Judge of the fense Capabilities and Management, Government Ac- United States Tax Court for a term of fifteen years. countability Office. Stanley Blumenfeld, of California, to be United GLOBAL NUCLEAR DEVELOPMENTS States District Judge for the Central District of Cali- Committee on Armed Services: Subcommittee on Stra- fornia. tegic Forces received a closed briefing on global nu- Daniel Aaron Bress, of California, to be United clear developments from Richard Kline, Senior De- States Circuit Judge for the Ninth Circuit. fense Intelligence Analyst, Defense Intelligence Patrick J. Bumatay, of California, to be United Agency, Department of Defense; Stockton Butler, States District Judge for the Southern District of Deputy National Intelligence Officer for Weapons of California. Mass Destruction, Joint Atomic Energy Intelligence Daniel P. Collins, of California, to be United Committee; and Frank Szakaly, National Intelligence States Circuit Judge for the Ninth Circuit. Officer for Weapons of Mass Destruction, and Mi- Kenneth Kiyul Lee, of California, to be United chael Allison, Principle Deputy National Intelligence States Circuit Judge for the Ninth Circuit. Officer for Military Issues, both of the National In- Jeremy B. Rosen, of California, to be United telligence Council. States District Judge for the Central District of Cali- BUSINESS MEETING fornia. Committee on Banking, Housing, and Urban Affairs: Mark C. Scarsi, of California, to be United States Committee ordered favorably reported an original District Judge for the Central District of California. resolution (S. Res. 47) authorizing expenditures by 1 Air Force nomination in the rank of general. the Committee, and adopted its rules of procedure 2 Army nominations in the rank of general. for the 116th Congress. Routine lists in the Air Force, Army, Marine Also, Committee announced the following sub- Corps, and Navy. Pages S1024–30 committee assignments: Messages from the House: Page S918 Subcommittee on Housing, Transportation, and Community Measures Placed on the Calendar: Page S918 Development: Senators Perdue (Chair), Shelby, Cotton, Rounds, McSally, Moran, Cramer, Menendez, Reed, Additional Cosponsors: Page S920 Warren, Cortez Masto, Jones, and Smith. Statements on Introduced Bills/Resolutions: Subcommittee on Financial Institutions and Consumer Pro- Pages S920–25 tection: Senators Scott (SC) (Chair), Rounds, Tillis, Additional Statements: Pages S917–18 Kennedy, Moran, Cramer, Shelby, Toomey, Sasse, Warren, Reed, Tester, Warner, Schatz, Van Hollen, Amendments Submitted: Pages S925–S1022 Cortez Masto, and Jones. Authorities for Committees to Meet: Subcommittee on Securities, Insurance, and Investment: Pages S1022–23 Senators Toomey (Chair), Shelby, McSally, Scott Adjournment: Senate convened at 10 a.m. and ad- (SC), Cotton, Rounds, Perdue, Tillis, Kennedy, Van journed at 6:18 p.m., until 12 noon on Thursday, Hollen, Reed, Menendez, Tester, Warner, Warren, February 7, 2019. (For Senate’s program, see the re- Smith, and Sinema. marks of the Majority Leader in today’s Record on Subcommittee on National Security and International page S1023.) Trade and Finance: Senators Sasse (Chair), McSally, Moran, Toomey, Scott (SC), Warner, Schatz, Van Hollen, and Sinema.

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Subcommittee on Economic Policy: Senators Cotton the race to 5G and the next era of technology inno- (Chair), Cramer, Sasse, Perdue, Tillis, Kennedy, Cor- vation in the United States, after receiving testimony tez Masto, Menendez, Jones, Smith, and Sinema. from Michael Wessel, Commissioner, U.S.-China Senators Crapo and Brown are ex-officio members of each Economic and Security Review Commission; Brad subcommittee. Gillen, CTIA, Steven K. Berry, Competitive Carriers Association, and Shailen P. Bhatt, The Intelligent BUSINESS MEETING Transportation Society of America, all of Wash- Committee on Commerce, Science, and Transportation: ington, D.C.; and Kim Zentz, Urbanova, Spokane, Committee ordered favorably reported an original Washington. resolution (S. Res. 48) authorizing expenditures by the committee for the 116th Congress. BUSINESS MEETING Also, Committee announced the following sub- committee assignments: Committee on Homeland Security and Governmental Af- fairs: Committee adopted its rules of procedure, and Subcommittee on Aviation and Space: Senators Cruz ordered favorably reported an original resolution (S. (Chair), Thune, Blunt, Moran, Gardner, Blackburn, Res. 49) authorizing expenditures by the Committee Capito, Lee, Sinema, Schatz, Udall, Peters, for the 116th Congress. Duckworth, Tester, and Rosen. Subcommittee on Communications, Technology, Innovation, BUSINESS MEETING and the Internet: Senators Thune (Chair), Cruz, Blunt, Committee on Indian Affairs: Committee adopted its Fischer, Moran, Sullivan, Gardner, Blackburn, Cap- rules of procedure, and ordered favorably reported ito, Lee, Johnson, Young, Scott (FL), Schatz, Klo- the following business items: buchar, Blumenthal, Markey, Udall, Peters, Baldwin, Duckworth, Tester, Sinema, and Rosen. S. 256, to amend the Native American Programs Act of 1974 to provide flexibility and reauthoriza- Subcommittee on Manufacturing, Trade, and Consumer tion to ensure the survival and continuing vitality of Protection: Senators Moran (Chair), Thune, Fischer, Native American languages, Sullivan, Blackburn, Capito, Lee, Johnson, Young, S. 257, to provide for rental assistance for home- Blumenthal, Klobuchar, Schatz, Markey, Udall, less or at-risk Indian veterans, Baldwin, Sinema, and Rosen. S. 294, to establish a business incubators program Subcommittee on Science, Oceans, Fisheries, and Weather: within the Department of the Interior to promote Senators Gardner (Chair), Cruz, Sullivan, Johnson, economic development in Indian reservation commu- Scott (FL), Baldwin, Blumenthal, Schatz, and Peters. nities; and Subcommittee on Security: Senators Sullivan (Chair), An original resolution (S. Res. 52) authorizing ex- Cruz, Blunt, Fischer, Blackburn, Lee, Johnson, penditures by the committee for the 116th Congress. Young, Scott (FL), Markey, Klobuchar, Blumenthal, Schatz, Udall, Duckworth, Sinema, and Rosen. FINANCIAL SECURITY IN RETIREMENT Subcommittee on Transportation and Safety: Senators Special Committee on Aging: Committee concluded a Fischer (Chair), Thune, Blunt, Moran, Gardner, Cap- hearing to examine financial security in retirement, ito, Young, Scott (FL), Duckworth, Klobuchar, focusing on innovations and best practices to pro- Blumenthal, Markey, Udall, Peters, and Baldwin. mote savings, after receiving testimony from Gene L. Senators Wicker and Cantwell are ex-officio members of Dodaro, Comptroller General of the United States, each subcommittee. Government Accountability Office; John Scott, The Pew Charitable Trusts Retirement Savings Project, WINNING THE RACE TO 5G Washington, D.C.; Denis St. Peter, CES, Inc., Brew- Committee on Commerce, Science, and Transportation: er, Maine; and Linda K. Stone, Women’s Institute Committee concluded a hearing to examine winning for a Secure Retirement, Bryn Mawr, Pennsylvania.

VerDate Sep 11 2014 04:19 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 5627 E:\CR\FM\D06FE9.REC D06FEPT1 dlhill on DSK3GLQ082PROD with DIGEST D124 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2019 House of Representatives portation: H.R. 543, to require the Federal Chamber Action RailroadAdministration to provide appropriate con- Public Bills and Resolutions Introduced: 46 pub- gressional notice of comprehensive safetyassessments lic bills, H.R. 986–1031; and 7 resolutions, H.J. conducted with respect to intercity or commuter rail Res. 43, and H. Res. 102–104, 106–108, were in- passenger transportation; Page H1372 troduced. Pages H1389–91 Reviving America’s Scenic Byways Act of 2019: Additional Cosponsors: Pages H1393–94 H.R. 831, to direct the Secretary of Transportation Report Filed: A report was filed today as follows: to request nominations for and make determinations H. Res. 105, providing for consideration of the regarding roads to be designated under the national bill (H.R. 840) to amend title 38, United States scenic byways program, by a 2⁄3 yea-and-nay vote of Code, to direct the Secretary of Veterans Affairs to 404 yeas to 19 nays, Roll No. 66; and provide child care assistance to veterans receiving Pages H1372–74, H1377 certain medical services provided by the Department of Veterans Affairs; providing for the adoption of the Route 66 Centennial Commission Act: H.R. 66, resolution (H. Res. 86) providing amounts for the to establish the Route 66 CentennialCommission, to expenses of the Select Committee on the Climate direct the Secretary of Transportation to prepare a Crisis and the Select Committee on the Moderniza- plan on the preservationneeds of Route 66, by a 2⁄3 tion of Congress; and providing for consideration of yea-and-nay vote of 399 yeas to 22 nays, Roll No. motions to suspend the rules (H. Rept. 116–6). 67. Pages H1374–77, H1377–78 Page H1389 Recess: The House recessed at 1:06 p.m. and recon- Speaker: Read a letter from the Speaker wherein she vened at 1:31 p.m. Page H1377 appointed Representative Thompson (MS) to act as Committee Election: The House agreed to H. Res. Speaker pro tempore for today. Page H1365 103, electing Members to a certainstanding com- Recess: The House recessed at 10:12 a.m. and re- mittee of the House of Representatives. convened at 12 noon. Page H1366 Pages H1378–79 Guest Chaplain: The prayer was offered by the Recess: The House recessed at 3:50 p.m. and recon- Guest Chaplain, Rabbi Arnold E. Resnicoff,United vened at 4:36 p.m. Page H1388 States Navy Chaplain, Retired, Washington, DC. Senate Referrals: S. 49 was referred to the Com- Page H1366 mittee on Veterans’ Affairs. S. 1 was held at the Speaker Pro Tempore Designations: Read a letter desk. Page H1388 from the Speaker wherein she appointed Representa- Senate Messages: Messages received from the Senate tive Hoyer, Representative Clyburn, Representative by the Clerk and subsequently presented to the Scott (VA), Representative Cummings, Representa- tive Matsui, Representative Sarbanes, Representative House today appear on page H1368. Connolly, Representative Beyer, Representative Quorum Calls—Votes: Two yea-and-nay votes de- Brown (MD), Representative McEachin, and Rep- veloped during the proceedings of today and appear resentative Raskin to act as Speaker pro tempore to on pages H1377 and H1377–78. There were no sign enrolled bills and joint resolutions through the quorum calls. remainder of the One Hundred Sixteenth Congress. Adjournment: The House met at 10 a.m. and ad- Page H1368 journed at 4:38 p.m. Suspensions: The House agreed to suspend the rules and pass the following measures: Pacific Northwest Earthquake Preparedness Act Committee Meetings of 2019: H.R. 876, amended, to directthe Adminis- trator of the Federal Emergency Management Agen- OVERSIGHT HEARING: IMPACT OF THE cy to carry out a plan for thepurchase and installa- ADMINISTRATION’S POLICIES AFFECTING tion of an earthquake early warning system for the THE AFFORDABLE CARE ACT Cascadia SubductionZone; Pages H1368–70 Committee on Appropriations: Subcommittee on the De- Fairness For Breastfeeding Mothers Act of 2019: partments of Labor, Healthand Human Services, H.R. 866, to provide a lactation room in public Education, and Related Agencies held a hearing en- buildings; Pages H1371–72 titled ‘‘OversightHearing: Impact of the Administra- Requiring the Federal Railroad Administration tion’s Policies Affecting the Affordable Care to provide appropriate congressionalnotice of com- Act’’.Testimony was heard from public witnesses. prehensive safety assessments conducted with re- spect to intercity orcommuter rail passenger trans-

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THE POWER OF THE PURSE: A REVIEW OF sula’’; and markup on H.J. Res. 37, directing the re- AGENCY SPENDING RESTRICTIONS moval of United States Armed Forces from hostilities DURING A SHUTDOWN in the Republic of Yemen that have not been au- Committee on Appropriations: Subcommittee on Inte- thorized by Congress. Testimony was heard from rior, Environment, and Related Agencies held a public witnesses. H.J. Res. 37 was ordered reported, hearing entitled ‘‘The Power of the Purse: A Review without amendment. of Agency Spending Restrictions During a Shut- PREVENTING GUN VIOLENCE: A CALL TO down’’. Testimony was heard from Julia Matta, Man- ACTION aging Associate General Counsel, Government Ac- countability Office; and public witnesses. Committee on the Judiciary: Full Committee held a hearing entitled ‘‘Preventing Gun Violence: A Call WORLD WIDE THREAT ASSESSMENT AND to Action’’. Testimony was heard from Major Sabrina INTELLIGENCE COMMUNITY POSTURE Tapp-Harper, Commander, Domestic Violence Unit, Committee on Appropriations: Subcommittee on Defense Baltimore City Sheriff’s Office, Baltimore, Maryland; held a hearing entitled ‘‘World Wide Threat Assess- Chief Art Acevedo, Chief of Police, Houston Police ment and Intelligence Community Posture’’. Testi- Department, Houston, Texas; and public witnesses. mony was heard from Daniel Coats, Director of Na- tional Intelligence; and Joseph D. Kernan, Under CLIMATE CHANGE: THE IMPACTS AND Secretary of Defense for Intelligence. This hearing THE NEED TO ACT was closed. Committee on Natural Resources: Full Committee held a hearing entitled ‘‘Climate Change: The Impacts EVALUATION OF THE DEPARTMENT OF and the Need to Act’’. Testimony was heard from DEFENSE’S COUNTERTERRORISM Roy Cooper, Governor, North Carolina; Charlie APPROACH Baker, Governor, Massachusetts; and public wit- Committee on Armed Services: Full Committee held a nesses. hearing entitled ‘‘Evaluation of the Department of Defense’s Counterterrorism Approach’’. Testimony LEGISLATIVE MEASURE was heard from Owen West, Assistant Secretary of Committee on Oversight and Reform: Full Committee Defense for Special Operations and Low-Intensity held a hearing on H.R. 1, the ‘‘Strengthening Ethics Conflict, Office of the Secretary of Defense; and Rules for the Ethics Branch’’. Testimony was heard Major General Jim Hecker, Vice Director for Oper- from public witnesses. ations (J3), Joint Staff. VETERANS’ ACCESS TO CHILD CARE ACT; EXAMINING THREATS TO WORKERS WITH PROVIDING AMOUNTS FOR THE EXPENSES PREEXISTING CONDITIONS OF THE SELECT COMMITTEE ON THE Committee on Education and Labor: Full Committee CLIMATE CRISIS AND THE SELECT held a hearing entitled ‘‘Examining Threats to COMMITTEE ON THE MODERNIZATION OF Workers with Preexisting Conditions’’. Testimony CONGRESS was heard from public witnesses. Committee on Rules: Full Committee held a hearing on TIME FOR ACTION: ADDRESSING THE H.R. 840, the ‘‘Veterans’ Access to Child Care Act’’; ENVIRONMENTAL AND ECONOMIC and H. Res. 86, providing amounts for the expenses EFFECTS OF CLIMATE CHANGE of the Select Committee on the Climate Crisis and Committee on Energy and Commerce: Subcommittee on the Select Committee on the Modernization of Con- Environment and Climate Change held a hearing en- gress. The Committee granted, by voice vote, a rule titled ‘‘Time for Action: Addressing the Environ- providing for consideration of H.R. 840, the Vet- mental and Economic Effects of Climate Change’’. erans’ Access to Child Care Act, and H. Res. 86, Testimony was heard from public witnesses. Providing amounts for the expenses of the Select Committee on the Climate Crisis and the Select TEXAS V. U.S.: THE REPUBLICAN LAWSUIT Committee on the Modernization of Congress. Sec- AND ITS IMPACTS ON AMERICANS WITH tion 1 of the rule provides for consideration of H.R. PRE-EXISTING CONDITIONS 840 under a structured rule. The rule provides one Committee on Energy and Commerce: Subcommittee on hour of general debate equally divided and con- Health held a hearing entitled ‘‘Texas v. U.S.: The trolled by the chair and ranking minority member Republican Lawsuit and Its Impacts on Americans of the Committee on Veterans’ Affairs. The rule with Pre-Existing Conditions’’. Testimony was heard waives all points of order against consideration of the from public witnesses. bill. The rule makes in order as original text for the purpose of amendment the amendment in the nature U.S. POLICY IN THE ARABIAN PENINSULA; of a substitute consisting of the text of Rules Com- MISCELLANEOUS MEASURE mittee Print 116–3 and provides that it shall be Committee on Foreign Affairs: Full Committee held a considered as read. The rule waives all points of hearing entitled ‘‘U.S. Policy in the Arabian Penin- order against that amendment in the nature of a

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substitute. The rule makes in order only those fur- ment; and a Motion to Subpoena Certain Witnesses ther amendments printed in the Rules Committee was not adopted. This meeting was closed. report. Each such amendment may be offered only in the order printed in the report, may be offered only Joint Meetings by a Member designated in the report, shall be con- sidered as read, shall be debatable for the time speci- No joint committee meetings were held. fied in the report equally divided and controlled by f the proponent and an opponent, shall not be subject COMMITTEE MEETINGS FOR THURSDAY, to amendment, and shall not be subject to a demand FEBRUARY 7, 2019 for division of the question. The rule waives all points of order against the amendments printed in (Committee meetings are open unless otherwise indicated) the report. The rule provides one motion to recom- Senate mit with or without instructions. Section 2 of the Committee on Agriculture, Nutrition, and Forestry: organi- rule provides that H. Res. 86, Providing amounts for zational business meeting to consider committee rules, the expenses of the Select Committee on the Climate subcommittee assignments, and an original resolution au- Crisis and the Select Committee on the Moderniza- thorizing expenditures by the committee for the 116th tion of Congress, is hereby adopted. Section 3 of the Congress, Time to be announced, Room to be announced. rule provides that it shall be in order at any time Committee on Armed Services: to hold hearings to examine through the legislative day of February 15, 2019, for United States Africa Command and United States South- the Speaker to entertain motions that the House sus- ern Command in review of the Defense Authorization Re- pend the rules as though under clause 1 of rule XV, quest for fiscal year 2020 and the Future Years Defense and that the Speaker or her designee shall consult Program, 10:15 a.m., SD–G50. with the Minority Leader or his designee on the des- Committee on Energy and Natural Resources: to hold hear- ings to examine the status and outlook of energy innova- ignation of any matter for consideration pursuant to tion in the United States, 9:30 a.m., SD–366. this section. Testimony was heard from Chairman Committee on Foreign Relations: organizational business Takano, and Representatives David P. Roe of Ten- meeting to consider committee rules, subcommittee as- nessee and Brownley of California. signments, and an original resolution authorizing expend- ORGANIZATIONAL MEETING itures by the committee for the 116th Congress, 2 p.m., S–116, Capitol. Committee on Science, Space, and Technology: Full Com- Committee on the Judiciary: business meeting to consider mittee held an organizational meeting. The Com- committee rules, subcommittee assignments, an original mittee adopted its Rules for the 116th Congress. resolution authorizing expenditures by the committee for the 116th Congress, and the nominations of William ORGANIZATIONAL MEETING Pelham Barr, of Virginia, to be Attorney General, and Committee on Small Business: Full Committee held an Donald W. Washington, of Texas, to be Director of the organizational meeting. The Committee adopted its United States Marshals Service, both of the Department Rules for the 116th Congress; and approved Sub- of Justice, Bridget S. Bade, of Arizona, and Eric D. Mil- committee Chairs and Ranking Members. ler, of Washington, both to be a United States Circuit Judge for the Ninth Circuit, Paul B. Matey, of New Jer- THE SHUTDOWN: ECONOMIC IMPACT TO sey, to be United States Circuit Judge for the Third Cir- SMALL BUSINESSES cuit, Eric E. Murphy, of Ohio, and Chad A. Readler, of Committee on Small Business: Full Committee held a Ohio, both to be a United States Circuit Judge for the Sixth Circuit, Allison Jones Rushing, of North Carolina, hearing entitled ‘‘The Shutdown: Economic Impact to be United States Circuit Judge for the Fourth Circuit, to Small Businesses’’. Testimony was heard from Rossie David Alston, Jr., to be United States District public witnesses. Judge for the Eastern District of Virginia, Roy Kalman IMPROVING RETIREMENT SECURITY FOR Altman, Rodolfo Armando Ruiz II, and Rodney Smith, each to be a United States District Judge for the South- AMERICA’S WORKERS ern District of Florida, Raul M. Arias-Marxuach, to be Committee on Ways and Means: Full Committee held United States District Judge for the District of Puerto a hearing entitled ‘‘Improving Retirement Security Rico, Thomas P. Barber, and Wendy Williams Berger, for America’s Workers’’. Testimony was heard from both to be a United States District Judge for the Middle public witnesses. District of Florida, J. Campbell Barker, and Michael J. Truncale, both to be a United States District Judge for ORGANIZATIONAL MEETING; BUSINESS the Eastern District of Texas, Pamela A. Barker, to be MEETING United States District Judge for the Northern District of Permanent Select Committee on Intelligence: Full Com- Ohio, Kenneth D. Bell, to be United States District Judge for the Western District of North Carolina, Jean- mittee held an organizational meeting; and business Paul Boulee, to be United States District Judge for the meeting on the Transmission of Certain Committee Northern District of Georgia, Holly A. Brady, and Transcripts. The Committee adopted its Rules for Damon Ray Leichty, both to be a United States District the 116th Congress, without amendment. A Motion Judge for the Northern District of Indiana, Andrew Lynn to Transmit Certain Committee Transcripts to the Brasher, to be United States District Judge for the Mid- Department of Justice was adopted, without amend- dle District of Alabama, Brian C. Buescher, to be United

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States District Judge for the District of Nebraska, James entitled ‘‘Energy Trends and Outlook’’, 10 a.m., 2362–B David Cain, Jr., to be United States District Judge for Rayburn. the Western District of Louisiana, Stephen R. Clark, Sr., Subcommittee on Legislative Branch, hearing entitled to be United States District Judge for the Eastern Dis- ‘‘Office of Congressional Workplace Rights’’, 10 a.m., trict of Missouri, Clifton L. Corker, to be United States HT–2 Capitol. District Judge for the Eastern District of Tennessee, Dan- Subcommittee on Legislative Branch, hearing entitled iel Desmond Domenico, to be United States District ‘‘Open World Leadership Center’’, 11 a.m., HT–2 Cap- Judge for the District of Colorado, Karin J. Immergut, itol. to be United States District Judge for the District of Or- Subcommittee on Military Construction, Veterans Af- egon, Matthew J. Kacsmaryk, to be United States Dis- fairs, and Related Agencies, hearing entitled ‘‘Quality of trict Judge for the Northern District of Texas, Corey Life in the Military’’, 10 a.m., H–140 Capitol. Landon Maze, to be United States District Judge for the Committee on the Budget, Full Committee, hearing enti- Northern District of Alabama, David Steven Morales, to tled ‘‘Investing in America’s Economic and National Se- be United States District Judge for the Southern District curity’’, 10 a.m., 210 Cannon. of Texas, Sarah Daggett Morrison, to be United States Committee on Education and Labor, Full Committee, hear- District Judge for the Southern District of Ohio, Carl J. ing entitled ‘‘Gradually Raising the Minimum Wage to Nichols, to be United States District Judge for the Dis- $15: Good for Workers, Good for Businesses, and Good trict of Columbia, Howard C. Nielson, Jr., to be United for the Economy’’, 10:15 a.m., 2175 Rayburn. States District Judge for the District of Utah, J. Nicholas Committee on Energy and Commerce, Subcommittee on Ranjan, to be United States District Judge for the West- Oversight and Investigations, hearing entitled ‘‘Exam- ern District of Pennsylvania, Wendy Vitter, to be United ining the Failures of the Trump Administration’s Inhu- States District Judge for the Eastern District of Louisiana, mane Family Separation Policy’’, 10:30 a.m., 2123 Ray- T. Kent Wetherell II, and Allen Cothrel Winsor, both to burn. be a United States District Judge for the Northern Dis- Subcommittee on Communications and Technology, trict of Florida, Joshua Wolson, and John Milton hearing entitled ‘‘Preserving an Open Internet for Con- Younge, both to be a United States District Judge for the sumers, Small Businesses, and Free Speech’’, 11 a.m., Eastern District of Pennsylvania, Patrick R. Wyrick, to 2322 Rayburn. be United States District Judge for the Western District Committee on House Administration, Full Committee, or- of Oklahoma, M. Miller Baker, of Louisiana, and Timothy ganizational meeting, 10 a.m., 1310 Longworth. M. Reif, of the District of Columbia, both to be a Judge Committee on the Judiciary, Full Committee, markup on of the United States Court of International Trade, and a resolution authorizing issuance of a subpoena to Acting Richard A. Hertling, of Maryland, and Ryan T. Holte, Attorney General Matthew G. Whitaker to secure his ap- of Ohio, both to be a Judge of the United States Court pearance and testimony at the hearing of the Committee of Federal Claims, 10 a.m., SH–216. regarding oversight of the U.S. Department of Justice; Committee on Small Business and Entrepreneurship: organi- and H.R. 948, the ‘‘No Oil Producing and Exporting zational business meeting to consider committee rules and Cartels Act of 2019’’, 10 a.m., 2141 Rayburn. an original resolution authorizing expenditures by the Committee on Natural Resources, Subcommittee on Water, committee for the 116th Congress, Time to be an- Oceans, and Wildlife, hearing entitled ‘‘Healthy Oceans nounced, S–216, Capitol. and Healthy Economies: The State of Our Oceans in the Committee on Veterans’ Affairs: organizational business 21st Century’’, 2 p.m., 1324 Longworth. meeting to consider committee rules and an original reso- Committee on Small Business, Subcommittee on Economic lution authorizing expenditures by the committee for the Growth, Tax, and Capital Access, hearing entitled ‘‘Ex- 116th Congress, Time to be announced, Room to be an- ploring Challenges and Opportunities of Underserved nounced. Businesses in the 21st Century’’, 10 a.m., 2360 Rayburn. Select Committee on Intelligence: to receive a closed brief- Committee on Transportation and Infrastructure, Full Com- ing on certain intelligence matters, 2 p.m., SH–219. mittee, organizational meeting, and hearing entitled ‘‘The Cost of Doing Nothing: Why Investing in Our Nation’s House Infrastructure Cannot Wait’’, 9:30 a.m., HVC–210. Committee on Agriculture, Full Committee, organizational Committee on Ways and Means, Subcommittee on Over- meeting, 11 a.m., 1300 Longworth. sight, hearing entitled ‘‘Legislative Proposals and Tax Committee on Appropriations, Subcommittee on Energy Law Related to Presidential and Vice-Presidential Tax and Water Development, and Related Agencies, hearing Returns’’, 2 p.m., 1100 Longworth.

VerDate Sep 11 2014 04:19 Feb 07, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 5627 E:\CR\FM\D06FE9.REC D06FEPT1 dlhill on DSK3GLQ082PROD with DIGEST D128 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2019

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Thursday, February 7 10 a.m., Thursday, February 7

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 840— ation of the motion to proceed to consideration of S. 47, Veterans’ Access to Child Care Act (Subject to a Rule). Natural Resources Management Act, post-cloture, and vote on the motion to proceed.

Extensions of Remarks, as inserted in this issue

HOUSE Clyburn, James E., S.C., E139 Maloney, Carolyn B., N.Y., E140 Espaillat, Adriano, N.Y., E138, E139 Rose, Max, N.Y., E137 Brady, Kevin, Tex., E138 Hastings, Alcee L., Fla., E138 Ryan, Tim, Ohio, E140 Brindisi, Anthony, N.Y., E139 King, Steve, Iowa, E137 Thompson, Bennie G., Miss., E139 Cloud, Michael, Tex., E137, E138, E141 Lieu, Ted, Calif., E141 Wittman, Robert J., Va., E138

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