Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, MONDAY, SEPTEMBER 10, 2012 No. 120 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces HOUSE OF REPRESENTATIVES, called to order by the Speaker pro tem- to the House his approval thereof. WASHINGTON, DC, pore (Mr. WOMACK). August 15, 2012. Pursuant to clause 1, rule I, the Jour- Hon. EDMUND G. BROWN, f nal stands approved. Governor of California, DESIGNATION OF THE SPEAKER Sacramento, CA. PRO TEMPORE f DEAR GOVERNOR BROWN: I write to inform you that I will resign my House seat, effec- The SPEAKER pro tempore laid be- tive midnight tonight, August 15th. fore the House the following commu- PLEDGE OF ALLEGIANCE It has been a tremendous honor to rep- nication from the Speaker: resent my friends and neighbors from Cali- The SPEAKER pro tempore. The WASHINGTON, DC, fornia’s Central Valley, both in Congress and September 10, 2012. Chair will lead the House in the Pledge the California State Assembly. I look back I hereby appoint the Honorable STEVE of Allegiance. with pride on what we have accomplished. WOMACK to act as Speaker pro tempore on The real honor of serving in Congress is not The SPEAKER pro tempore led the working in historic buildings, but in laboring this day. Pledge of Allegiance as follows: JOHN A. BOEHNER, with so many unbelievably talented and Speaker of the House of Representatives. I pledge allegiance to the Flag of the dedicated individuals who serve our Nation daily. f United States of America, and to the Repub- lic for which it stands, one nation under God, Sincerely, PRAYER indivisible, with liberty and justice for all. DENNIS CARDOZA. The Chaplain, the Reverend Patrick f J. Conroy, offered the following prayer: f ANNOUNCEMENT BY THE SPEAKER We give You thanks, O God, for giv- PRO TEMPORE ing us another day. RESIGNATION FROM THE HOUSE The SPEAKER pro tempore. Under As the Members of the people’s House OF REPRESENTATIVES return to the Capitol, call them as well clause 5(d) of rule XX, the Chair an- with Your gentling voice of The SPEAKER pro tempore laid be- nounces to the House that, in light of collegiality. fore the House the following resigna- the resignation of the gentleman from When a sense of alienation shadows tion from the House of Representa- California (Mr. CARDOZA), the whole all of our souls, we find our differences tives: number of the House is 430. difficult to bear; we move away from HOUSE OF REPRESENTATIVES, f each other. Insofar as the spirit of WASHINGTON, DC, COMMUNICATION FROM DISTRICT alienation has descended upon this August 15, 2012. DIRECTOR, THE HONORABLE House, help each Member to overcome Hon. JOHN BOEHNER, ROBERT A. BRADY, MEMBER OF unnecessary divisions that hamper pro- Speaker of the House of Representatives, CONGRESS ductive work on behalf of our Nation. Washington, DC. Bring them to a deeper level of DEAR SPEAKER BOEHNER: I write to inform The SPEAKER pro tempore laid be- awareness of Your Spirit, and make us you that I have notified California Governor fore the House the following commu- one Nation. Give the Members listen- Jerry Brown of my resignation from the nication from Ilene Jenofsky, District ing hearts, willing to give to each House, effective midnight tonight, August Director, the Honorable ROBERT A. other time and attention and ready to 15th. BRADY, Member of Congress: respond to Your spirit living in each It has been a tremendous honor to rep- HOUSE OF REPRESENTATIVES, one. resent my friends and neighbors from Cali- WASHINGTON, DC, And may all that is done within the fornia’s Central Valley, both in Congress and August 15, 2012. people’s House this day be for Your the California State Assembly. I look back Hon. JOHN A. BOEHNER, with pride on what we have accomplished. greater honor and glory. Speaker, House of Representatives, The real honor of serving in Congress is not Washington, DC. Amen. working in historic buildings, but in laboring DEAR MR. SPEAKER: This is to notify you f with so many unbelievably talented and formally, pursuant to rule VIII of the Rules THE JOURNAL dedicated individuals who serve our Nation of the House of Representatives, that I have daily. been served with a subpoena for testimony The SPEAKER pro tempore. The Sincerely, issued by the Philadelphia Municipal Court, Chair has examined the Journal of the DENNIS CARDOZA. Criminal Division, in connection with a

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.

H5729

VerDate Mar 15 2010 01:44 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.000 H10SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H5730 CONGRESSIONAL RECORD — HOUSE September 10, 2012 criminal prosecution currently pending be- the Forest Service Recreation Resi- a tract that is selected for use in an ap- fore that court. dence Program by implementing a sim- praisal as being representative of, and that After consultation with the Office of Gen- ple, equitable, and predictable proce- has similar value characteristics as, other eral Counsel, I have determined that compli- dure for determining cabin user fees, lots or groups of lots within the tract. ance with the subpoena is consistent with and for other purposes, as amended. SEC. 3. CABIN USER FEES. the privileges and precedents of the House. (a) PAYMENT OF CABIN USER FEES.—Cabin Sincerely, The Clerk read the title of the bill. The text of the bill is as follows: owners shall pay an annual cabin user fee es- ILENE JENOFSKY, tablished by the Secretary in accordance District Director. H.R. 3397 with this section. Be it enacted by the Senate and House of Rep- (b) INITIAL CABIN USER FEES.— f resentatives of the United States of America in (1) ESTABLISHMENT.—The Secretary shall Congress assembled, COMMUNICATION FROM CON- establish initial cabin user fees in accord- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ance with this subsection. STITUENT SERVICES REP- (a) SHORT TITLE.—This Act may be cited as (2) ASSIGNMENT TO VALUE TIERS.—On com- RESENTATIVE, THE HONORABLE the ‘‘Cabin Fee Act of 2012’’. pletion of the current appraisal cycle, as re- ROBERT A. BRADY, MEMBER OF (b) TABLE OF CONTENTS.—The table of con- quired by paragraph (4), the Secretary shall CONGRESS tents of this Act is as follows: assign each permitted lot on National Forest The SPEAKER pro tempore laid be- Sec. 1. Short title; table of contents. System land to 1 of 10 tiers based on the fol- Sec. 2. Definitions. lowing considerations: fore the House the following commu- Sec. 3. Cabin user fees. (A) Before assigning the lots to tiers, all nication from Warren Raines, Con- Sec. 4. Payment of cabin transfer fees. appraised lot values shall be adjusted, or Sec. 5. Right of appeal and judicial review. stituent Services Representative, the normalized, for price changes occurring after Sec. 6. Effect. Honorable ROBERT A. BRADY, Member Sec. 7. Regulations. the appraisal, in accordance with the Na- tional Association of Homebuilders/Wells of Congress: SEC. 2. DEFINITIONS. Fargo Housing Opportunity Index. HOUSE OF REPRESENTATIVES, In this Act: (B) Second appraisal values shall supersede WASHINGTON, DC, (1) AUTHORIZATION; AUTHORIZE.—The terms August 15, 2012. ‘‘authorization’’ and ‘‘authorize’’ mean the initial lot appraisal values for the normal- Hon. JOHN A. BOEHNER, issuance of a special use permit for the use ization and ranking process under subpara- Speaker, House of Representatives, and occupancy of National Forest System graph (A). Washington, DC. land by a cabin owner under the Recreation (C) The tiers shall be established, on a na- DEAR MR. SPEAKER: This is to notify you Residence Program. tional basis, according to relative lot value, formally, pursuant to Rule VIII of the Rules (2) CABIN.—The term ‘‘cabin’’ means a pri- with lots having the lowest adjusted ap- of the House of Representatives that I have vately built and owned recreation residence praised value assigned to tier 1 and lots hav- been served with a subpoena for testimony and related improvements on National For- ing the highest adjusted appraised value as- issued by the Philadelphia Municipal Court, est System land that— signed to tier 10. Criminal Division, in connection with a (A) is authorized for private use and occu- (D) The number of lots (by percentage) as- criminal prosecution currently pending be- pancy; and signed to each tier is contained in the table fore that court. (B) may be sold or transferred between pri- set forth in paragraph (3). After consultation with the Office of Gen- vate parties. (E) Data from incomplete appraisals may eral Counsel, I have determined that compli- (3) CABIN OWNER.—The term ‘‘cabin owner’’ not be used to establish the fee tiers under ance with the subpoena is consistent with means— this subsection. the privileges and precedents of the House. (A) a person authorized by the Secretary to (F) Until assigned to a tier under this sub- Sincerely, use and to occupy a cabin; and section, the Secretary shall assess (and may WARREN RAINES, (B) a trust, heir, or assign of a person de- adjust annually subject to clause (ii)) an in- Constituent Services Representative. scribed in subparagraph (A). terim fee for permitted cabin lots (including (4) CABIN TRANSFER FEE.—The term ‘‘cabin lots with incomplete appraisals) in an f transfer fee’’ means a fee that is paid to the amount equal to the lesser of— (i) $5,000; or RECESS United States on the transfer of a cabin between private parties for money or other (ii) the amount of the current cabin user The SPEAKER pro tempore. Pursu- consideration that results in the issuance of fee, as determined under the Cabin User Fee ant to clause 12(a) of rule I, the Chair a new permit. Fairness Act of 2000 (16 U.S.C. 6201 et seq.), which amount the Secretary may increase declares the House in recess until ap- (5) CABIN USER FEE.—The term ‘‘cabin user fee’’ means an annual fee paid to the United annually by not more than 25 percent, except proximately 4 p.m. today. that the increased fee shall not exceed the Accordingly (at 2 o’clock and 5 min- States by a cabin owner in accordance with an authorization for the use and occupancy otherwise scheduled fee determined under utes p.m.), the House stood in recess. of a cabin. the Cabin User Fee Fairness Act of 2000. f (6) CURRENT APPRAISAL CYCLE.—The term (3) AMOUNT OF INITIAL CABIN USER FEES.— ‘‘current appraisal cycle’’ means the comple- The initial cabin user fees, based on the as- b 1600 tion of Forest Service review and acceptance signments under paragraph (2), are as follows: AFTER RECESS of— (A) initial typical lot appraisals; and The recess having expired, the House (B) second appraisals, if ordered by cabin Approximate Percent of was called to order by the Speaker pro owners and approved by the Forest Service. Fee Tier Permits Na- Fee Amount tempore (Mr. WOMACK) at 4 p.m. (7) CURRENT CABIN USER FEE.—The term tionally ‘‘current cabin user fee’’ means the most re- f cent cabin user fee, as adjusted under section Tier 1 5 percent $500 ANNOUNCEMENT BY THE SPEAKER 3(c). Tier 2 12 percent $1,000 PRO TEMPORE (8) LOT.—The term ‘‘lot’’ means a parcel of National Forest System land on which a per- Tier 3 22 percent $1,500 The SPEAKER pro tempore. Pursu- son is authorized to build, use, occupy, and ant to clause 8 of rule XX, the Chair maintain a cabin. Tier 4 22 percent $2,000 ATIONAL FOREST SYSTEM will postpone further proceedings (9) N .—The term Tier 5 10 percent $2,500 today on motions to suspend the rules ‘‘National Forest System’’ has the meaning on which a recorded vote or the yeas given that term in section 11 of the Forest Tier 6 9 percent $3,000 and Rangeland Renewable Resources Plan- and nays are ordered, or on which the ning Act of 1974 (16 U.S.C. 1609). Tier 7 7 percent $3,500 vote incurs objection under clause 6 of (10) RECREATION RESIDENCE PROGRAM.—The Tier 8 5 percent $4,000 rule XX. term ‘‘Recreation Residence Program’’ Record votes on postponed questions means the Recreation Residence Program es- Tier 9 5 percent $4,500 will be taken later. tablished under the last paragraph under the heading ‘‘FOREST SERVICE’’ in the Act of Tier 10 3 percent $5,000 f March 4, 1915 (16 U.S.C. 497). CABIN FEE ACT OF 2012 (11) SECRETARY.—The term ‘‘Secretary’’ (4) DEADLINE FOR COMPLETION OF CURRENT means the Secretary of Agriculture, acting APPRAISAL CYCLE.—Not later than 3 years Mr. HASTINGS of Washington. Mr. through the Chief of the Forest Service. after the date of enactment of this Act, the Speaker, I move to suspend the rules (12) TYPICAL LOT.—The term ‘‘typical lot’’ Secretary shall complete the current ap- and pass the bill (H.R. 3397) to modify means a cabin lot, or group of cabin lots, in praisal cycle.

VerDate Mar 15 2010 01:44 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.003 H10SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 10, 2012 CONGRESSIONAL RECORD — HOUSE H5731 (5) EFFECTIVE DATE.—The initial cabin user (3) EFFECT ON MEDIATION.—Nothing in this Many of the private cabins on Forest fees required by this subsection shall take ef- Act precludes a person from seeking medi- Service land are simple, rustic struc- fect beginning with the first calendar year ation for an action under this Act. tures hand-built by the grandparents of beginning after the completion of the cur- SEC. 6. EFFECT. current owners early in the last cen- rent appraisal cycle. (a) IN GENERAL.—Nothing in this Act lim- (c) ANNUAL ADJUSTMENTS OF CABIN USER its or restricts any right, title, or interest of tury and passed down from generation FEE.—Once initial cabin user fees have been the United States in or to any land or re- to generation. The overwhelming ma- assessed, based on the tier assignments source. jority of these cabins are modest fam- under subsection (b)(2), the Secretary shall (b) SPECIAL RULE FOR ALASKA.—In deter- ily retreats. use changes in the Implicit Price Deflator mining a cabin user fee in the State of Alas- for the Gross Domestic Product published by ka, the Secretary shall not establish or im- The purpose of this bill is to keep the the Bureau of Economic Analysis of the De- pose a cabin user fee or a condition affecting fees affordable for people such as partment of Commerce, applied on a 5-year a cabin user fee that is inconsistent with teachers, factory workers, and retirees, rolling average, to assess an annual adjust- 1303(d) of the Alaska National Interest Lands and not just millionaires, which is ment to cabin user fees. Conservation Act (16 U.S.C. 3193(d)). (d) EFFECT OF DESTRUCTION, SUBSTANTIAL what would result if we do not make SEC. 7. REGULATIONS. DAMAGE, OR LOSS OF ACCESS.— the change in the law. Not later than December 31, 2013, the Sec- (1) IN GENERAL.—The Secretary shall re- retary shall issue regulations to carry out The cabin owners affected by this bill duce the cabin user fee to $100 per year for a this Act. are charged an annual fee for the use of cabin if— (A) the cabin is destroyed or suffers sub- The SPEAKER pro tempore. Pursu- their land on which their cabin sits. stantial damage in an amount that is greater ant to the rule, the gentleman from They do not get any ownership rights than 50 percent of replacement cost of the Washington (Mr. HASTINGS) and the to the land. They have only a tem- cabin; or gentleman from New Jersey (Mr. HOLT) porary and highly restricted use permit (B) access to the cabin is significantly im- each will control 20 minutes. for basically the footprint of their paired, whether by catastrophic events, nat- The Chair recognizes the gentleman cabin. ural causes, or governmental actions. from Washington. (2) TERM OF REDUCED FEE.—The reduced fee Because a limited use permit is not under paragraph (1) shall be in effect until GENERAL LEAVE comparable to the rights acquired the later of— Mr. HASTINGS of Washington. Mr. when somebody owns property in fee (A) the last day of the year in which the Speaker, I ask unanimous consent that simple, it has proven impossible under destruction or impairment occurs; or all Members may have 5 legislative (B) the date on which the cabin may be current law to establish a fair basis for days to revise and extend their re- setting the fees charged to the cabin lawfully reoccupied and normal access has marks and include extraneous mate- been restored. owners. The current system has re- rials on the bill under consideration. sulted in unrealistic, arbitrary fee SEC. 4. PAYMENT OF CABIN TRANSFER FEES. The SPEAKER pro tempore. Is there As a condition of the issuance by the Sec- hikes that are completely unaffordable objection to the request of the gen- retary of a new authorization for the use and for average families. occupancy of the cabin, the cabin owner tleman from Washington? transferring the cabin shall pay to the Sec- There was no objection. For example, in the Northwest, the retary a cabin transfer fee in the amount of Mr. HASTINGS of Washington. I Seattle Times published a report that $1,200. yield myself such time as I may con- cabin owners in Lake Wenatchee, SEC. 5. RIGHT OF APPEAL AND JUDICIAL RE- sume. which is in my district, received notice VIEW. Mr. Speaker, the Cabin Fee Act, that their fees would increase by more (a) RIGHT OF APPEAL.— which I have sponsored for several Con- than 1,000 percent, from $1,400 a year to (1) IN GENERAL.—Notwithstanding any action of a cabin owner to exercise rights in ac- gresses, sets a new fee schedule for the $17,000 a year. Skyrocketing fees also cordance with section 6, the Secretary shall 14,000 privately owned cabins in our na- make these seasonal cabins unmarket- by regulation grant to the cabin owner the tional forests. It creates a simple, able, leaving families who are unable right to an administrative appeal of the de- straightforward, and predictable fee to pay the high fees also unable to sell termination of a new cabin user fee, fee tier, schedule that is fair to cabin owners, their cabins. or whether or not to reduce a cabin user fee the Forest Service, and the American Unless Congress acts to bring about a under section 3(d). taxpayer. (2) APPLICABLE LAW.—An appeal under H.R. 3397 would replace the current course correction, thousands of cabin paragraph (1) shall be pursuant to the appeal complex and unfair payment system by owners will be forced to abandon fam- process provided under subpart C of part 251 ily heirloom cabins as the currently of title 36, Code of Federal Regulations (or a assigning cabin fees to tiers based on the cabin lot’s appraised value. The planned hike in fees goes into effect. successor regulation). This bill is strongly supported by the (b) JUDICIAL REVIEW.— fees would rise with inflation, but oth- Forest Service because it preserves this (1) IN GENERAL.—A cabin owner that con- erwise would be a fixed fee. This means tests a final decision of the Secretary under that families would no longer face sud- cherished century-old program while this Act may bring a civil action in United den, unexpected jumps to unaffordable greatly reducing and simplifying the States district court. levels, and the maximum fees are kept Service’s administrative burden. (2) VENUE.—The venue for an action brought before the United States district from going above $5,000 a year. The need to fix this problem has bi- court under this subsection shall be in the As considered on the House floor partisan support in the House and the Federal judicial district in which the cabin today, the Cabin Fee Act is revenue Senate. So I urge support of the bill, is located. neutral. The CBO score is zero. and I reserve the balance of my time. CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3397, THE CABIN FEE ACT OF 2012, WITH AN AMENDMENT, AS PROVIDED TO CBO BY THE HOUSE COMMITTEE ON THE BUDGET ON SEPTEMBER 7, 2012

By fiscal year, in millions of dollars— 2012– 2012– 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2017 2022

Net Increase or Decrease (¥) Deficit Statutory Pay-As-You-Go Impact a ...... 0 2 ¥5 ¥3 ¥2 0 1 2 2 2 2 ¥8 0 Note: Components may not sum to totals because of rounding. a. H.R. 3397 would establish a new schedule for the fees paid to the federal government by individuals who own cabins located on Forest Service lands. The bill also would establish a transfer fee that would be assessed on owners who sell their cabins. Because H.R. 3397, as amended, would cap annual cabin fees at $5,000 and prevent scheduled fee increases from being implemented as they would be under current law, CBO estimates that enacting the bill would, in general, lower annual offsetting receipts over the 2012–2022 period. However, CBO estimates that enacting the legislation would increase receipts over the 2014–2016 period because we expect that cabin fees would be increased more gradually under current law than under the bill over that period. On net, CBO estimates that implementing the legislation would increase offsetting receipts (a credit against direct spending) by $8 million over the 2012– 2017 period and would have no significant impact on direct spending over the 2012–2022 period.

Mr. HOLT. Mr. Speaker, I yield my- (Mr. HOLT asked and was given per- Mr. HOLT. Mr. Speaker, H.R. 3397, self such time as I may consume. mission to revise and extend his re- sponsored by our Chairman HASTINGS, marks.) authorizes the Secretary of Agriculture

VerDate Mar 15 2010 01:08 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.005 H10SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H5732 CONGRESSIONAL RECORD — HOUSE September 10, 2012 to adjust the fees for private cabins on (b) PENALTY.—For purposes of section ing that U.S. fishermen in Hawaii and national forest lands. 308(a) of the Magnuson-Stevens Fishery Con- the Pacific insular areas might be dis- We remain concerned about the im- servation and Management Act (16 U.S.C. advantaged by these new rules and that pact this legislation may have on cabin 1858(a)), a violation of this section shall be the local consumption of billfish prod- treated as an act prohibited by section 307 of owners of modest means, of which that Act (16 U.S.C. 1857). ucts might be made illegal. The bill there are many. It appears that in (c) EXEMPTIONS FOR TRADITIONAL FISHERIES was amended during committee consid- order to reduce the fees for owners in AND MARKETS.— eration to address this concern; and the highest bracket, fees on the (1) Subsection (a) does not apply to billfish the legislation, as amended, now pro- middle- and lower-value cabins would caught by US fishing vessels and landed in tects these U.S. fishermen and the ex- have to increase. the State of Hawaii or Pacific Insular Areas isting limited, traditional local con- Many members of the committee do as defined in section 3(35) of the Magnuson- sumption of billfish products while not object to the passage of this legis- Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1802(35)). still providing additional and increased lation at this time, although I wanted (2) Subsection (a) does not apply to billfish protection for billfish populations in to bring up some personal concerns landed by foreign fishing vessels in the Pa- the United States. about the inequity of the new fee sys- cific Insular Areas when the foreign caught This is good legislation. I support it. tem. I’d like to work with the chair- billfish is exported to non-US markets or re- And I reserve the balance of my time. man and the cabin owners and the tained within Hawaii and the Pacific Insular Mr. HOLT. Mr. Speaker, I yield my- other body to achieve an equitable so- Areas for local consumption. self such time as I may consume. lution, and I yield back the balance of (d) BILLFISH DEFINED.—In this section the (Mr. HOLT asked and was given per- term ‘‘billfish’’— my time. (1) means any fish of the species— mission to revise and extend his re- Mr. HASTINGS of Washington. Mr. (A) Makaira nigricans (blue marlin); marks.) Speaker, I yield back the balance of (B) Kajikia audax (striped marlin); Mr. HOLT. Mr. Speaker, H.R. 2706, my time and urge adoption of the bill. (C) Istiompax indica (black marlin); the Billfish Conservation Act, seeks to The SPEAKER pro tempore. The (D) Istiophorus platypterus (sailfish); ban imports of foreign-caught marlin, question is on the motion offered by (E) Tetrapturus angustirostris (shortbill sailfish, and spearfish into the United the gentleman from Washington (Mr. spearfish); States. Now, these fish, as we know HASTINGS) that the House suspend the (F) Kajikia albida (white marlin); from prized photographs of our friends rules and pass the bill, H.R. 3397, as (G) Tetrapturus georgii (roundscale spear- and many of our past experiences, are fish); amended. (H) Tetrapturus belone (Mediterranean highly valued as recreational game-fish The question was taken; and (two- spearfish); and and serve as the top predators in ocean thirds being in the affirmative) the (I) Tetrapturus pfluegeri (longbill spear- ecosystems—the so-called lions and ti- rules were suspended and the bill, as fish); and gers of the sea. amended, was passed. (2) does not include the species Xiphias While this bill is a small step forward A motion to reconsider was laid on gladius (swordfish). and has the support of recreational the table. The SPEAKER pro tempore. Pursu- fishing and commercial interests, we f ant to the rule, the gentleman from can and should do much more for the Washington (Mr. HASTINGS) and the BILLFISH CONSERVATION ACT OF conservation of billfish. Specifically, gentleman from New Jersey (Mr. HOLT) 2012 developing and using more selective each will control 20 minutes. commercial fishing gear, cracking Mr. HASTINGS of Washington. Mr. The Chair recognizes the gentleman down on illegal, unregulated and unre- Speaker, I move to suspend the rules from Washington. ported fishing, and passing legislation, and pass the bill (H.R. 2706) to prohibit GENERAL LEAVE such as the bill recently introduced by the sale of billfish, as amended. Mr. HASTINGS of Washington. Mr. our colleague from Massachusetts (Mr. The Clerk read the title of the bill. Speaker, I ask unanimous consent that MARKEY), to combat seafood fraud The text of the bill is as follows: all Members may have 5 legislative would provide even more protections H.R. 2706 days to revise and extend their re- for these iconic species. However, I and Be it enacted by the Senate and House of Rep- marks and include extraneous material most of my colleagues, I believe, sup- resentatives of the United States of America in on the bill under consideration. port passage of H.R. 2706; and we hope Congress assembled, The SPEAKER pro tempore. Is there that it is a precursor to further action SECTION 1. SHORT TITLE. objection to the request of the gen- on this important issue. This Act may be cited as the ‘‘Billfish Con- tleman from Washington? I reserve the balance of my time. servation Act of 2012’’. There was no objection. 1610 SEC. 2. FINDINGS. Mr. HASTINGS of Washington. I b Congress finds the following: yield myself such time as I may con- Mr. HASTINGS of Washington. Mr. (1) The United States carefully regulates Speaker, I am very pleased to yield 3 its domestic fisheries for billfish and partici- sume. pates in international fishery management Mr. Speaker, I rise in support of H.R. minutes to the gentleman from Florida bodies in the Atlantic and Pacific. 2706, the Billfish Conservation Act, au- (Mr. MILLER), the author of this legis- (2) Global billfish populations have de- thored by our colleague from Florida lation. clined significantly, however, because of (Mr. MILLER). Mr. MILLER of Florida. Mr. Speaker, overfishing primarily through retention of Under current law, it is illegal to im- thank you for the recognition. bycatch by non-United States commercial port or sell Atlantic billfish. Despite I thank the gentleman from Wash- fishing fleets. this, the U.S. is one of the major im- ington, the chairman of the committee, (3) Ending the importation of foreign- porters of billfish in the world. While for his recognition and his leadership caught billfish for sale in the United States on this effort, as well as Dr. JOHN aligns with U.S. management measures of Pacific billfish populations in general billfish and protects the significant eco- are in better shape than Atlantic bill- FLEMING, the subcommittee chairman, nomic benefits to the U.S. economy of rec- fish, threats to both oceans’ billfish and all the members of the House Nat- reational fishing and marine commerce and from foreign fishing fleets remain. ural Resources Committee for their the traditional cultural fisheries. As long as the U.S. allows a market support of this particular piece of leg- SEC. 3. STATEMENT OF CONSTITUTIONAL AU- for these fish, their population levels islation. THORITY. are likely to worsen. To add more pro- I also have to thank members of the The Congress enacts this Act pursuant to tection for both the Atlantic and Pa- sportsmen’s community, members of clause 3 of section 8 of article I of the Con- cific billfish, the legislation would the Congressional Sportsmen’s Caucus, stitution. make it illegal to sell specific billfish and in particular, Congressmen DUNCAN SEC. 4. PROHIBITION ON SALE OF BILLFISH. species or possess those billfish for from South Carolina and WITTMAN, (a) PROHIBITION.—No person shall offer for sale, sell, or have custody, control, or posses- sale, whether they are Atlantic or Pa- BOREN, MICHAUD, and BONNER, and my sion of for purposes of offering for sale or cific. counterparts in the Congressional selling billfish or products containing bill- Now, I note, Mr. Speaker, that con- Sportsmen’s Caucus leadership—that fish. cern had been raised at the June hear- would be Congressmen ROSS, LATTA,

VerDate Mar 15 2010 01:48 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.008 H10SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 10, 2012 CONGRESSIONAL RECORD — HOUSE H5733 and SHULER—for all their efforts to The Clerk read the title of the bill. quarters of Fish and Wildlife is not so help advance this legislation in a bi- The text of the bill is as follows: supportive and has suggested what it partisan effort. H.R. 6007 describes as a nonlegislative solution: Today, I join my colleagues in sup- Be it enacted by the Senate and House of Rep- an agreement with the Justice Depart- port of H.R. 2706, which is the Billfish resentatives of the United States of America in ment not to prosecute North Texas Mu- Conservation Act of 2012. Congress assembled, nicipal Water District for transporting As the chairman has already said, SECTION 1. SHORT TITLE. zebra mussels. the United States is the largest im- This Act may be cited as the ‘‘North Texas Now, just think about this, Mr. porter of billfish products in the world. Zebra Mussel Barrier Act of 2012’’. Speaker. As someone who believes that Our populations continue to be affected SEC. 2. COMPLIANCE WITH LACEY ACT. we are a Nation of law, I am deeply by foreign commercial overfishing, and The Lacey Act Amendments of 1981 (16 troubled by the notion that a Federal the importing of billfish only exacer- U.S.C. 3371 et seq.) and section 42 of title 18, agency would suggest that it would not United States Code, shall not apply with re- seek to prosecute, under the law, those bates the problem that exists today. spect to any water transfer by the North Without passage of this bill and Texas Municipal Water District and the who may violate the law. I just think strengthening of the current ban of the Greater Texoma Utility Authority using that’s the wrong approach, and this ap- Atlantic-caught billfish to include the only closed conveyance systems from the proach is the right approach. sale and harvest of all billfish—exclud- Lake Texoma raw water intake structure to So I urge adoption of H.R. 6007, and I ing, as has been already said on the treatment facilities at which all zebra mus- reserve the balance of my time. floor today, those fisheries in the State sels are extirpated and removed from the Mr. HOLT. Mr. Speaker, I yield my- of Hawaii and Pacific insular area—the water transferred. self such time as I may consume. (Mr. HOLT asked and was given per- current ban will continue to be under- The SPEAKER pro tempore. Pursu- mission to revise and extend his re- mined through loopholes that have ant to the rule, the gentleman from Washington (Mr. HASTINGS) and the marks.) hurt our anglers and the economy. Mr. HOLT. Mr. Speaker, H.R. 6007, By eliminating the sale in the conti- gentleman from New Jersey (Mr. HOLT) each will control 20 minutes. the North Texas Zebra Mussel Barrier nental U.S., passage of this bill will Act, provides a very specific and nec- support the billfish population growth, The Chair recognizes the gentleman from Washington. essary—we believe—exemption to the a healthy ocean ecosystem, and im- Lacey Act Amendments of 1981. GENERAL LEAVE prove recreational fishing opportuni- The Lacey Act is vital to our Na- ties. As a result of the increased rec- Mr. HASTINGS of Washington. Mr. tion’s interests because it prevents the reational fishing opportunities, this Speaker, I ask unanimous consent that spread of undesirable, injurious species bill provides a huge economic boost to all Members may have 5 legislative such as zebra mussels. In fact, zebra generate billions of dollars through di- days to revise and extend their re- mussels may be a textbook example, a rect expenditures and marine-related marks and include extraneous material poster child for injurious introduced jobs and sales without placing a burden on the bill under consideration. species. on the U.S. seafood market and its con- The SPEAKER pro tempore. Is there These mussels are the bane of many sumers. objection to the request of the gen- a power plant or municipal water oper- I want to urge all my colleagues to tleman from Washington? ator. Millions are spent each year just support this very important piece of There was no objection. to keep intake and outflow pipes clear legislation to help conserve a very de- Mr. HASTINGS of Washington. I of these creatures. They harm our fish- pleted fish population, preserving our yield myself as much time as I may eries by crowding out native species Nation’s fishing heritage, and provide consume. and taking all their food, and they’re for economic growth during a time Mr. Speaker, I rise in support of driving many native mussels to extinc- when our country needs it most. Chairman RALPH HALL’s bill to provide tion. Mr. HOLT. May I ask the chairman if relief to 1.6 million people living in the H.R. 6007 would allow the North he has additional speakers? Dallas/Fort Worth area necessitated Texas Municipal Water District and Mr. HASTINGS of Washington. I because of a bizarre set of cir- the Greater Texoma Utility Authority have no more requests for time. If the cumstances. to transport water that contains zebra gentleman yields back, I’m prepared to In 1989, the North Texas Municipal mussels from the Oklahoma side of yield back. Water District constructed a pumping Lake Texoma to Texas. However, all Mr. HOLT. I yield back the balance station in Lake Texoma, providing up the water would be kept in closed con- of my time. to 125 million gallons per day of safe veyance systems, we are assured; and Mr. HASTINGS of Washington. I drinking water to one of the most rap- we are further assured that all water yield back the balance of my time and idly growing regions in the country, would be fully treated, with all zebra urge adoption of the bill. the Dallas/Fort Worth area. Sometime mussels being fully removed before The SPEAKER pro tempore. The later, the enactment of a boundary ad- being released into any water body. question is on the motion offered by justment resulted in a small portion of The biologists, the limnologists, the the gentleman from Washington (Mr. the pumping station being shifted from hydrologists, the water engineers as- HASTINGS) that the House suspend the Texas to Oklahoma. In 2009, zebra mus- sure us of these things. rules and pass the bill, H.R. 2706, as sels were discovered in the lake. This I do want to emphasize that zebra amended. has caused a significant problem be- mussels are pernicious and insidious. I The question was taken; and (two- cause it is in violation of the Lacey am loathe, and I think many of my col- thirds being in the affirmative) the Act to transport zebra mussels across leagues are loathe, to weaken or seek rules were suspended and the bill, as State lines. exemption from the Lacey Act, which amended, was passed. So, to resolve this, the Water Dis- controls invasive species. However, A motion to reconsider was laid on trict has proposed to construct a $300 Texas needs access to this water, and the table. million, 46-mile closed pipeline that the aforementioned entities have a f will transport Lake Texoma water to comprehensive plan for ensuring, we its treatment facility in Wylie, Texas. are told, that these water transfers will NORTH TEXAS ZEBRA MUSSEL All zebra mussels will then be de- not cause zebra mussels to spread. BARRIER ACT OF 2012 stroyed there, and the entire effort will So for these reasons, and with this Mr. HASTINGS of Washington. Mr. be accomplished without any cost to understanding, I rise in support of H.R. Speaker, I move to suspend the rules Federal taxpayers. 6007. I do strongly urge that this bill, and pass the bill (H.R. 6007) to exempt This project was issued a section 404 which is put forward as a remedy for a from the Lacey Act Amendments of Clean Water Act permit in May, and it very difficult and unique situation, 1981 certain water transfers by the was supported by the U.S. Wildlife should not be used to set any precedent North Texas Municipal Water District Service district office in Arlington, for granting exemptions to the Lacey and the Greater Texoma Utility Au- Texas. However, as happens so many Act or in any way weakening our pro- thority, as amended. times, the Washington, D.C., head- tections against invasive species.

VerDate Mar 15 2010 01:48 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.011 H10SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H5734 CONGRESSIONAL RECORD — HOUSE September 10, 2012 I reserve the balance of my time. ter serve more than 1.5 million users Act, provides an elegant solution to a growing Mr. HASTINGS of Washington. Mr. and to do so in a manner that provides problem. Currently, 1.6 million customers of Speaker, I’m very pleased to yield 3 safe water in the tradition of its 20- the North Texas Municipal Water District, minutes to the author of this legisla- year history. The bill will allow the many of whom are my constituents, have re- tion, our distinguished colleague from Texoma water pump to reopen, to pro- stricted access to water as a result of the dis- Texas, Chairman RALPH HALL. vide much-needed jobs and to provide covery of zebra mussels in Lake Texoma. Ad- b 1620 enough clean water to the community ditionally, water transfers have become com- during a season of very severe drought, Mr. HALL. Thank you, Mr. Chair- plicated because of a surveying error resulting when water is desperately needed. man. in the incorrect designation of the District’s I, of course, rise today in support of The SPEAKER pro tempore. The Lake Texoma intake station as being in Okla- H.R. 6007, the North Texas Zebra Mus- time of the gentleman has expired. homa rather than in Texas. This surveyor’s Mr. HASTINGS of Washington. I sel Barrier Act of 2012. When I read in error, made more than a decade ago by the the papers and hear in the press that yield the gentleman an additional 1 Red River Boundary Compact, means that Republicans and Democrats can’t get minute. water transfers of zebra mussels now cross a Mr. HALL. On May 3 of this year, the together on anything, well, we’re to- state line. Such a transfer triggers the Lacey Army Corps of Engineers approved a gether on something today, and I think Act, which is designed to prevent the spread the gentlemen have adequately de- 404 permit that will allow the construc- of invasive species across state lines. tion of a 46-mile water pipeline from scribed the enemy. In response, the North Texas Municipal Lake Texoma straight into the Wylie North Texas has a very serious prob- Water District has been forced to suspend all Water Treatment Plant, which would lem with an invasive aquatic species pumping from Lake Texoma for the past three remove 100 percent of the zebra mussels called zebra mussel. I’d never heard of years. This water source constitutes roughly and would provide clean water for them before. I hope I never hear of 28 percent of the North Texas Municipal North Texas citizens and businesses. them again. Zebra mussels are going to Water District’s available supply of raw water. This is a commonsense solution, a attach to probably just about any- Such a reduction in available resources has necessary solution and one for which I thing. They infest and cover rocks, at- put a tremendous stress on the District and its certainly want to thank the chairman, tach to boats and docks, and clog water ability to assure its customers that there will DOC HASTINGS. pipelines. North Texas has a unique sit- be an adequate supply of water in the future. uation due to a Texas-Oklahoma Mr. HOLT. I reserve the balance of H.R. 6007 would allow North Texas Munic- boundary change that requires a con- my time. ipal Water District to resume water transfers gressional solution. You know you hear Mr. HASTINGS of Washington. Mr. from Lake Texoma through a completely people say it takes an act of Congress Speaker, I am very pleased to yield 3 to get something accomplished. Well, minutes to the gentleman from Texas closed conveyance system that delivers water that’s exactly what we’re here doing (Mr. SESSIONS). directly into their water treatment facility. To today. Mr. SESSIONS. Mr. Speaker, I be- achieve this, the North Texas Municipal Water The local water folks have been lieve the facts of the case that have District has committed approximately $300 mil- working extremely hard to prevent the been clearly enumerated by both sides lion to build a 46-mile long pipeline. The Dis- spread of zebra mussels while simulta- are very important for this Congress to trict has approved the funding and obtained neously attempting to provide enough understand in that this is an agree- the necessary 4–0–4 permits required by the clean water for our citizens, but they ment on both sides. Yet I think what U.S. Army Corps of Engineers to begin con- absolutely need our help. They need has happened is that, due to the bipar- struction. this help. H.R. 6007 allows the North tisan leadership back on the com- Such a conveyance system would provide Texas Municipal Water District to mittee between not just Mr. HOLT and safe and dependable means for the District to pump water from Lake Texoma the chairman but also with the gen- access the water they have legal rights to straight into the Wylie, Texas, Water tleman, Mr. FLEMING, it has really while ensuring, with 100 percent reliability, that Treatment Plant where the water can come to the aid and assistance, not Zebra Mussels will not be transferred into be cleaned of zebra mussels without just in a bipartisan way but in a com- Texas waters. Their treatment facility will em- being in violation of the Lacey Act. monsense way. ploy chemical and mechanical means of filtra- These folks are the only ones who have It is the opportunity for 1.6 million tion to eliminate any risk of propagation of tackled and solved this problem. people who need this desperately to be invasive species. Such techniques have been They’re not the only ones who have able to get water at a time of drought, proven successful in other areas of the coun- tackled it, but they’re the only ones at a time of much consternation in try and have been approved by the U.S. Fish who have solved this problem. It has Texas where we have fires and drought and Wildlife Service. been at their own expense, and they and heat and a lot of problems. This means that the peopl