June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7401 Salazar Slaughter Van Hollen The result of the vote was announced Mr. MANZULLO, Illinois Sa´ nchez, Linda Smith (WA) Vela´ zquez as above recorded. Mr. STEARNS, Florida T. Snyder Visclosky Sanchez, Loretta Space Walz A motion to reconsider was laid on Mr. BROWN, South Carolina Sarbanes Speier Wasserman the table. Mrs. MILLER, Michigan Schakowsky Spratt Schultz f f Schauer Stark Waters Schiff Stupak Watson Schrader Sutton RECESS APPOINTMENT OF MEMBERS TO Watt Schwartz Tanner Waxman The SPEAKER pro tempore. Pursu- BRITISH-AMERICAN INTER- Scott (GA) Tauscher Weiner PARLIAMENTARY GROUP Scott (VA) Teague ant to clause 12(a) of rule I, the Chair Serrano Thompson (CA) Welch declares the House in recess subject to The SPEAKER pro tempore. Pursu- Sestak Thompson (MS) Wexler the call of the Chair. Wilson (OH) ant to 22 U.S.C. 276d, clause 10 of rule Shea-Porter Tierney Accordingly (at 5 o’clock and 50 min- Sherman Titus Woolsey I, and the order of the House of Janu- Shimkus Tonko Wu utes p.m.), the House stood in recess ary 6, 2009, the Chair announces the Sires Towns Yarmuth subject to the call of the Chair. Speaker’s appointment of the following Skelton Tsongas f Members of the House to the British- NAYS—184 American Interparliamentary Group: b 2100 Aderholt Gallegly Moran (KS) Mr. CHANDLER, Kentucky, Chairman Akin Garrett (NJ) Murphy (NY) AFTER RECESS Mr. SIRES, New Jersey, Vice Chair- Alexander Gingrey (GA) Murphy, Tim man Austria Gohmert Myrick The recess having expired, the House Bachmann Goodlatte Neugebauer was called to order by the Speaker pro Mr. CLYBURN, South Carolina Bachus Granger Nunes tempore (Ms. KOSMAS) at 9 p.m. Mr. ETHERIDGE, North Carolina Barrett (SC) Graves Nye Mrs. DAVIS, California Bartlett Guthrie f Olson Mr. BISHOP, New York Barton (TX) Hall (TX) Paul ILLER Biggert Harper Paulsen RESIGNATION AS MEMBER AND Mr. M , North Carolina Bilbray Hastings (WA) Pence APPOINTMENT OF MEMBER TO Mr. PETRI, Wisconsin Bilirakis Heller Perriello PERMANENT SELECT COM- Mr. BOOZMAN, Arkansas Bishop (UT) Hensarling Petri Blackburn Herger MITTEE ON INTELLIGENCE Mr. CRENSHAW, Florida Pitts Blunt Hill Mr. ADERHOLT, Alabama Platts The SPEAKER pro tempore laid be- Boehner Hoekstra Mr. LATTA, Ohio Bonner Hunter Poe (TX) fore the House the following resigna- Bono Mack Inglis Posey tion as a member of the Permanent Se- f Boozman Issa Price (GA) lect Committee on Intelligence: Boustany Jenkins Putnam GENERAL LEAVE Brady (TX) Johnson (IL) Radanovich CONGRESS OF THE UNITED STATES, Bright Johnson, Sam Rehberg HOUSE OF REPRESENTATIVES, Mr. DICKS. Madam Speaker, I ask Broun (GA) Jones Roe (TN) Washington, DC, June 23, 2009. unanimous consent that all Members Brown (SC) Jordan (OH) Rogers (AL) Hon. NANCY PELOSI, have 5 legislative days in which to re- Brown-Waite, King (IA) Rogers (KY) Speaker of the House, House of Representatives, Rogers (MI) vise and extend their remarks and in- Ginny King (NY) U.S. Capitol, Washington, DC. Buchanan Kingston Rohrabacher clude extraneous material on H.R. 2996, Burgess Kirk Rooney DEAR SPEAKER PELOSI: This letter serves and that I may include tabular mate- as my intent to resign from the House Per- Burton (IN) Kirkpatrick (AZ) Ros-Lehtinen rial on the same. Buyer Kline (MN) Roskam manent Select Committee on Intelligence, Calvert Lamborn Royce effective today. The SPEAKER pro tempore. Is there Camp Lance Ryan (WI) Sincerely, objection to the request of the gen- Campbell Latham Scalise JOHN KLINE, tleman from Washington? Cantor LaTourette Schmidt Member of Congress. There was no objection. Cao Latta Schock Capito Lee (NY) Sensenbrenner The SPEAKER pro tempore. Without f Carter Lewis (CA) Sessions objection, the resignation is accepted. Cassidy Linder Shadegg There was no objection. DEPARTMENT OF THE INTERIOR, Castle LoBiondo Shuler Chaffetz Lucas The SPEAKER pro tempore. Pursu- ENVIRONMENT, AND RELATED Shuster AGENCIES APPROPRIATIONS Childers Luetkemeyer Simpson ant to clause 11 of rule X, clause 11 of Coble Lummis Smith (NE) rule I, and the order of the House of ACT, 2010 Coffman (CO) Lungren, Daniel Smith (NJ) Cole E. January 6, 2009, the Chair announces The SPEAKER pro tempore. Pursu- Smith (TX) Conaway Mack Souder the Speaker’s appointment of the fol- ant to House Resolution 578 and rule Crenshaw Manzullo Stearns lowing Member of the House to the XVIII, the Chair declares the House in Culberson Marchant Davis (KY) McCarthy (CA) Taylor Permanent Select Committee on Intel- the Committee of the Whole House on Deal (GA) McCaul Terry ligence to fill the existing vacancy the state of the Union for the consider- Dent McClintock Thompson (PA) thereon: ation of the bill, H.R. 2996. Diaz-Balart, L. McCotter Thornberry Mr. KING, New York Diaz-Balart, M. McHenry Tiberi b 2105 Dreier McHugh Turner f Duncan McKeon Upton IN THE COMMITTEE OF THE WHOLE Ehlers McMorris Walden APPOINTMENT OF MEMBERS TO Accordingly, the House resolved Emerson Rodgers Wamp CANADA-UNITED STATES INTER- Fallin Melancon Westmoreland itself into the Committee of the Whole Fleming Mica Whitfield PARLIAMENTARY GROUP House on the State of the Union for the Forbes Miller (FL) Wilson (SC) The SPEAKER pro tempore. Pursu- consideration of the bill (H.R. 2996) Fortenberry Miller (MI) Wittman Foxx Miller, Gary Wolf ant to 22 U.S.C. 276d, clause 10 of rule making appropriations for the Depart- Franks (AZ) Minnick Young (AK) I, and the order of the House of Janu- ment of the Interior, environment, and Frelinghuysen Mitchell Young (FL) ary 6, 2009, the Chair announces the related agencies for the fiscal year end- NOT VOTING—11 Speaker’s appointment of the following ing September 30, 2010, and for other Flake Kosmas Reichert Members of the House to the Canada- purposes, with Mr. CONNOLLY of Vir- Gerlach Lewis (GA) Sullivan United States Interparliamentary ginia in the chair. Hastings (FL) Miller, George Tiahrt Group: The Clerk read the title of the bill. Kennedy Polis (CO) Mr. OBERSTAR, Minnesota, Chairman The CHAIR. Pursuant to the rule, the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. MEEKS, New York, Vice Chair- bill is considered read the first time. The SPEAKER pro tempore (during man The gentleman from Washington (Mr. the vote). There are 2 minutes remain- Ms. SLAUGHTER, New York DICKS) and the gentleman from Idaho ing in this vote. Mr. STUPAK, Michigan (Mr. SIMPSON) each will control 30 min- Ms. KILPATRICK, Michigan utes. b 1750 Mr. HODES, New Hampshire The Chair recognizes the gentleman So the resolution was agreed to. Mr. WELCH, Vermont from Washington.

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00149 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.122 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7402 CONGRESSIONAL RECORD — HOUSE June 25, 2009 Mr. DICKS. Mr. Chairman, I yield But let me be clear. This bill is not In response to testimony received at myself such time as I may consume. all increases. We had to make difficult a number of hearings, we also rec- It is my privilege and pleasure to choices. Through hearings and brief- ommend a $611 million investment in present the fiscal year 2010 Interior, ings, we carefully reviewed the pro- hazardous fuels reduction. It is clear Environment and Related Agencies Ap- posed budget and have recommended a that focused fuels reduction is impor- propriations bill to you today. This number of reductions and termi- tant if we hope to reduce the number very fine bill is the product of many nations. Some of these were the result and severity of wildfires in the future hours of hearings and briefings, always of recommendations made by the GAO and protect communities and water- with bipartisan input and excellent and the Inspector General. In total, we sheds. participation. I am particularly recommend program reductions or ter- The bill provides a $198 million in- pleased to present the bill with my minations of over $320 million from the crease above 2009 for the National Park friend, MIKE SIMPSON. 2009 levels and $300 million from the Service to invest in the iconic lands The bill before us provides historic budget request. and infrastructure that comprise our increases for the environment, natural The bill before us today provides his- national heritage. I am also particu- resources, and Native American pro- toric increases and focused funding to larly proud of our efforts to improve grams, especially Indian health. It also protect the environment. Clean water the National Wildlife Refuge System. includes significant allocations to pro- and drinking water infrastructure re- We have provided $503 million, a $40 tect our public lands, invest in science, ceived $3.9 billion, enough to provide million increase over 2009, for the ref- and support important cultural agen- assistance to more than 1,500 commu- uge system to reduce critical staffing cies. nities. shortages, implement climate change At a total of $32.3 billion, this bill is We included authority for subsidized strategies, and improve conservation an increase of 17 percent above last assistance to those cities and towns efforts. year. Chairman OBEY recognizes that which cannot afford conventional The bill also supports land manage- the programs funded through this bill loans. These funds would provide ment, State assistance, and science have been chronically underfunded and drinking water that meets public programs at the Forest Service by in- provided the allocation necessary to re- health standards and clean water to re- creasing nonfire programs by $160 mil- verse that trend. store important ecosystems. The bill lion above 2009. The bill provides $100 From 2001 through 2009, when ad- invests $667 million to restore major million for the Legacy Road and Trail justed for inflation, the budget request American lakes, estuaries, and bays. It Remediation program to protect for the Interior Department went down fully funds the President’s request of streams and water systems from dam- by 16 percent, the EPA went down by 29 $475 million for the Great Lakes Res- aged forest roads. This is a key part of percent, and the nonfire Forest Service toration Initiative and makes signifi- our effort to protect the national for- accounts went down by 35 percent. This cant investments to protect other ests and grasslands. bill invests taxpayers’ dollars in our great American water bodies such as And finally, we have provided an in- natural resources, and for this invest- Puget Sound, Long Island Sound, the crease of $86 million above the 2009 ment all Americans will see great re- Gulf of Mexico, and the Chesapeake level for the cultural agencies sup- turns. Bay. ported by this bill. We recommend $170 Some will argue that we are spending To address global climate change, million for both the National Endow- too much in this bill, but let’s look at this bill provides $420 million for cli- ment for the Arts and the National En- the facts. The largest increase by far is mate change adaptation and scientific dowment for the Humanities. The en- for drinking water and wastewater in- study. This includes $178 million for re- dowments are vital for preserving and frastructure. The demand for assist- search, planning and conservation ef- encouraging America’s creative and ance to repair, rehabilitate, or build forts within the Department of the In- cultural heritage. new infrastructure is immense. This terior and $195 million for EPA science, 2115 subcommittee received 1,200 requests technology development and regu- b for such assistance from both sides of latory programs, including grants to The bill also supports the Smithso- the aisle. local communities to cut greenhouse nian Institution, the world’s largest Every one of us wants clean and safe gas emissions. I am especially proud museum complex, with an increase of drinking water for our constituents. that the bill includes $15 million for $43 million above 2009. This increase is long overdue. In fact, the National Global Warming and I’m especially proud of the way we the first administrator, Christine Todd Wildlife Science Center at the U.S. Ge- produced this bill. Mr. SIMPSON has Whitman, under President Bush in 2002 ological Survey. been an outstanding ranking member did a study that showed that there was The bill also addresses our Nation’s whose thoughtful contributions over a $668 billion backlog for these kinds of commitment to Native Americans with the course of 20 hearings has helped us programs. This kind of infrastructure increases for health care, law enforce- to make this a better bill. During those is desperately needed. That’s why we ment, and education in Indian country. hearings, we heard from 37 government added money here and added money in This bill provides a total of $6.8 billion witnesses and 99 members of the public. the stimulus package. for Indian programs, an increase of $654 We received written testimony from an Yes, this bill includes a $4.7 billion million above the 2009 level. additional 94 witnesses. I was most im- increase above the 2009 level, but let We recommend an historic increase pressed with the minority’s attendance me remind my colleagues that the pro- of $471 million above 2009 for the Indian at those hearings. This bill is the prod- grams in this bill will return more Health Service to improve the quality uct of a bipartisan effort, and I truly than $14.5 billion to the Treasury next and availability of critical health care believe it is a better bill because of year. That’s revenue. The Department services. It also includes $182 million that. of the Interior alone is estimated to re- above 2009 for the Bureau of Indian Af- I want to take a moment to thank turn more than $13 billion to the Treas- fairs to support justice, law enforce- our staff who have worked long hours ury through oil, gas and coal revenues, ment, education, and social services in without weekend breaks to help pre- grazing, timber, recreation fees, and Native American communities. pare this bill. Delia Scott, our clerk; the revenues from the sale of the duck We recommend a major investment Chris Topik, Greg Knadle, Beth Houser, stamps. in Forest Service and Department of Juliette Falkner, Melissa Squire, and I should also note that the EPA’s the Interior programs that fight and Greg Scott on the majority staff have Leaking Underground Storage Tank reduce wildfires. The bill has an un- worked in a bipartisan manner with program, financed by a 0.1 percent tax precedented total of $3.66 billion for all David LesStrang and Darren Benjamin per gallon of gas sold, has a balance of of the fire accounts. We have increased on the minority staff. more than $3 billion that offsets the overall wildfire suppression funding by In addition, Pete Modaff and Ryan deficit. Clearly, the programs in this 39 percent over 2009, including $357 mil- Shauers on my staff, and Malissah bill go a long way towards paying for lion for the new wildfire suppression Small and Megan Milam from Mr. themselves. contingency reserve accounts. SIMPSON’s staff have worked hard and

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00150 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.183 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7403 have been a great help to the sub- the one Chairman OBEY has provided in effort. We ought to require coordina- committee staff. this bill. tion across the entire Federal Govern- In closing, I want to remind members The 302(b) allocation for this bill is ment on an issue as important as this, that although the increases I have out- $32.3 billion, a $4.7 billion, or 17 per- and one on which we are spending as lined are substantial, their impacts cent, increase over last year’s enacted much money government-wide as we will be even greater. Our subcommittee level. This increase comes on the heels are. funds programs that span a broad spec- of historic increases in this sub- It’s for this reason that the minority trum of issues, from our cultural and committee’s spending in recent years. offered an amendment—adopted during historic heritage to the water we drink Interior and the Environment spend- the full committee consideration—re- and the land we walk on. Our agencies ing between 2007 and 2009—including quiring the President to report to Con- fight fires, protect great water bodies, base bills, emergency supplementals, gress 120 days after submission of the and tend to the needs of the first Amer- and the American Recovery and Rein- 2011 budget request on all obligations icans. vestment Act—has increased by 41 per- and expenditures across government on These programs are vital to every cent—and that’s before this year’s 17 climate change programs and activities American. They will improve the envi- percent increase. for FY 2008, 2009, and 2010. It’s not be- ronment for everyone. And they work Chairman OBEY is fond of saying, cause we’re opposed to climate change to fulfill our Nation’s trust responsibil- Show me a smaller problem and I’ll programs, but because they need to be ities. show you a smaller solution. While I coordinated government-wide. I’m proud of this bill and ask that may not be able to show him a smaller Given the uncertain economic times you support it. problem, I can show him a historically our country is facing, I’m also troubled I reserve the balance of my time. bigger problem where the ‘‘solution’’ of by the unsustainable pattern of spend- Mr. SIMPSON. I yield myself such more and more deficit spending has not ing in this legislation. This sub- time as I may consume. worked—including the Great Depres- committee and Congress ought to be as Madam Chairwoman, let me begin sion of the 1930s and Japan in the 1990s. concerned about the impact of too my remarks by expressing thanks to But it isn’t just the spending that much spending as we are about the po- Chairman DICKS for the reasonable and concerns me. This legislation is fund- tential impact of climate change and evenhanded manner in which he’s con- ing large increases in programs with- other issues. ducted the business of the Interior Sub- out having clearly defined goals or suf- Chairman DICKS has spoken on many committee this year. While we may ficient processes in place to measure occasions about what he describes as disagree about the needed 17 percent the return on our investment. We are ‘‘the dark days’’ and ‘‘the misguided increase in our subcommittee alloca- making rapid investments in water, policies and priorities of the previous tion, our work together has been a bi- climate change, renewable energy, and administration.’’ Still, for any per- partisan, collaborative effort. We are other areas—all of them worthy en- ceived or real inadequacies of past poli- certainly not going to agree on every deavors—but with relatively little cies or budgets, it would be a mistake issue, but even when we disagree, planning and coordination across mul- for any of us to believe we can spend our way to a solution to every chal- Chairman DICKS and I continue to work tiple agencies and the rest of govern- lenge we face. well together, and I thank him for ment. The Federal Reserve Chairman, Ben that. Our country has some serious envi- Bernanke, recently told Congress that I’d also like to commend the chair- ronmental challenges that need to be it’s time for the Obama administration man for the extraordinary oversight addressed. And this bill has an overly to develop a strategy to address record activity of our subcommittee this year. generous allocation to meet many of deficits or risk long-term damage to As he mentioned, oversight is one of those needs. But, with all due respect our economy. He said, ‘‘Unless we dem- the committee’s most important func- to Chairman OBEY, too often we believe onstrate a strong commitment to fiscal tions, and we have upheld that respon- that our commitment to an issue is sustainability in the longer term, we sibility by holding 20 subcommittee measured by the amount of money we will have neither financial stability hearings since the beginning of the spend rather than how we’re spending nor healthy economic growth.’’ year involving over 100 witnesses. I that money. History has shown us that A good bill is a balanced bill. But don’t know many other subcommittees bigger budgets do not necessarily providing a disproportionate level of that can match that record. produce better results. funding to one agency creates an im- I also want to applaud the chair- The climate change issue is an illus- balance that undermines the legiti- man’s decision to provide full pay and tration of this point. ‘‘Climate change’’ mate needs of other deserving agencies. fixed costs for each of the agencies is today what the term ‘‘homeland se- That is why I question a $10.6 billion under this subcommittee’s jurisdiction. curity’’ was in the days and months budget for the EPA—a 38 percent in- We’re both concerned by the fact the following the terrorist attacks of Sep- crease from last year. This is on top of President’s budget submission for the tember 11th. Anyone who came into the $7.2 billion the agency received in U.S. Forest Service covered only 60 our offices, any of our offices, to dis- the stimulus package and the $7.6 bil- percent of the pay and fixed costs, cuss an issue, spoke of it in the context lion it received in the enacted 2009 In- while the budget request for the De- of ‘‘homeland security.’’ The argument terior bill. partment of Interior included 100 per- was, We have to do X, Y, or Z, for our Taken together, the EPA will receive cent of pay and fixed costs. To date, homeland security depends upon it. over $25 billion this calendar year the committee has received no expla- Well, today many of our priorities alone. That’s about the size of this sub- nation or justification from the admin- are related to climate change. I agree committee’s entire budget just 2 years istration for this discrepancy. with Chairman DICKS this is an issue ago. I’m also pleased by the needed atten- we need to study carefully and know While the EPA will receive an ex- tion this legislation provides our Na- more about. It’s affecting the intensity traordinary, historic funding increase, tive American brothers and sisters. of our fires and even the duration of it’s worth noting the U.S. Forest Serv- There are many unmet needs within In- our fire season. ice was recently rated as one of the dian country—in education, health But what have we learned from the worst places to work in the Federal care, law enforcement, drug abuse pre- money this subcommittee and other Government by a study conducted by vention, and other areas—and this bill committees have already provided? Are the Office of Personnel Management. It does a great deal to address these we spending $420 million on climate isn’t clear why Forest Service employ- issues. change next year to learn something ees feel as they do, but it may be Chairman DICKS and I agree on many new or relearn what we already know? linked to the incredible funding chal- things, including our obligation to be I’m also concerned that many cli- lenges the Service has faced in recent good stewards of our environment and mate change functions within this bill years due to the growing cost of fire public lands for future generations. won’t be coordinated with similar ef- suppressions. However, we part when it comes to the forts undertaken by other Federal From our hearings, we know that al- need for an allocation as generous as agencies, resulting in a duplicating of most 50 percent of the Forest Service

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00151 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.184 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7404 CONGRESSIONAL RECORD — HOUSE June 25, 2009 budget is now consumed by the cost Kaylyn Bessey, and Lindsay Slater, as have any questions or need additional infor- fighting wildfires. In past years, the well as the committee staffers, Darren mation. Forest Service has had to borrow hun- Benjamin and David LesStrang. If the Sincerely, dreds of millions of dollars from other Members of this House worked as well DONALD E. GIBBINS, EPA Grant Project Officer, Wastewater & accounts just to pay for fire suppres- together as the majority and minority Infrastructure Management Branch, Water, sion. Without any question, this cre- staffers do, we’d get a lot more done in Wetlands & Pesticides Division. ates uncertainty among Forest Service this place. Mr. DICKS. Will the gentleman employees. I reserve the balance of my time. yield? President Obama is to be commended Mr. DICKS. I’d like to yield 2 min- Mr. TIAHRT. I would be glad to for tackling the issue of budgeting for utes to the gentleman from Kansas yield. fire suppression by proposing a fully Mr. DICKS. It is my understanding (Mr. TIAHRT) for the purpose of a col- funded fire suppression budget as well the community went forward with the loquy. as a contingency reserve fund. And I necessary work in light of the Federal commend Chairman DICKS for pro- Mr. TIAHRT. I thank the chairman delay and now would like to use the viding the Forest Service with re- of the committee, Chairman DICKS, for money for a waterline. Is that correct? sources to address many fire-related the opportunity to discuss this impor- Mr. TIAHRT. It is correct. My fellow needs. tant issue. After serving with Chair- Kansan, the distinguished Member of Still, based upon recent fire patterns man DICKS as ranking member of this the 2nd District of Congress, Ms. Lynn and the monumental increase in de- subcommittee during the 110th Con- Jenkins, has worked hard on this issue. mand for fire suppression dollars, I feel gress, I know how hard he has worked It is a critical need of her constituents. strongly that the wildfire contingency to make sure that communities have The region is experiencing high growth reserve fund should be funded at the access to EPA grants to help with their due to the ongoing troop buildup at President’s request level of $357 mil- State and tribal assistance grants and Fort Riley with the return of the Big lion. This reserve fund is similar to the clean water needs. Red One. emergency fund source contained in It has come to my attention that the The City of Manhattan, Kansas, and the FLAME Act, which passed the fiscal year 2009 Appropriations Act con- Riley County are cooperating to pro- House in March on an overwhelming tained money for the city of Manhat- vide municipal-level services along the 412–3 vote. tan and Riley County for the Konza K–177 corridor near Fort Riley. Strong That is why the minority offered an sewer line. However, with the delay in interest has been expressed in the area amendment—adopted during full com- getting the money, the city had to go by the development community, and mittee consideration—which increased ahead with construction of the sewer there have been limitations on future the fire contingency reserve fund from line and now needs to use the money growth on Manhattan’s west side. $250 million in the chairman’s mark to for a water line. EPA is supportive of The 2003 update of the Manhattan the President’s requested level of $357 the correction. Urban Area Comprehensive Plan, which was a joint planning initiative with the million. If virtually every other item I will include in the RECORD a letter in this legislation is funded at or above city and the county, specifically iden- from the EPA Region 7 office express- tifies the K–177 gateway area as a po- the President’s request level, there ing their support for the correction. should be no justifiable reason to ex- tential urban growth corridor if munic- UNITED STATES ENVIRONMENTAL ipal level services are provided. That’s clude fire suppression. And I want to PROTECTION AGENCY, thank the chairman for accepting that Kansas City, June 25, 2009. why the city could not wait on the amendment in the full committee. Re Technical Correction to STAG Earmark sewer line project. It is already under- We paid for this increase by rescind- Grant Authorization for Riley Co, Kan- way and being managed by the county. ing $107 million from the EPA’s prior sas. The city will be responsible for the year balances. According to the May, Hon. TODD TIAHRT, design, bidding, and overseeing of the 2009 report issued by the EPA’s Inspec- Rayburn House Office Building, water project. The cost of both the tor General’s office, the EPA presently Washington DC. water and sewer projects will be shared has $163 million on the books that have DEAR REPRESENTATIVE TIAHRT: Representa- by the Federal Government, the city of been sitting there unspent since 1999. tive Boyda requested funding for Riley Co. Manhattan, and Riley County. The EPA does some good work, but if for the Konza sewer main extension in a let- Clearly, it was congressional intent ter to the Chairmen Obey dated March 14, that Manhattan’s needs be funded. I those dollars haven’t been spent in 10 2008. By the time that grant was authorized, understand the committee is not mak- years, we ought to put them to good the sewer project was nearly completed. ing technical corrections on EPA use fighting fires. EPA does not normally approve construc- projects in this bill and is working out While Chairman DICKS has done a tion completed before a grant is awarded be- a new policy to do so in the future. good job addressing many critical cause the procurement action would not issues in this bill, I don’t believe that comply with EPA grant regulations. If the b 2130 a $4.7 billion, or 17 percent, increase grantee has additional water or wastewater I hope that the chairman will take over the FY 2009 enacted level is justi- construction pending, we prefer to direct the into consideration Manhattan’s need fied or warranted. This unprecedented grant funds to a pending project. We dis- and as the process moves forward work cussed this with the County and suggested increase follows a $3.2 billion, or 13 per- with Ms. JENKINS and myself to correct that they contact Representative Jenkins of- cent, increase between FY 2008 and FY the issue. The delegation has been 2009 spending bills, as well as an $11 bil- fice to request a technical correction so that the grant could be used to fund the construc- working with the EPA regional office lion infusion from the American Re- tion of the Konza waterline extension in Kansas City, but in order to proceed covery and Reinvestment Act. Frank- project. Since the County and the City of the project description in Public Law ly, we just can’t afford this. Manhattan are sharing costs on the project, 111–8 should read, ‘‘The city of Manhat- In closing, I would again like to and since Manhattan has agreed to do the tan for water line extension project.’’ thank Chairman DICKS for the contracting for the water line, I also sug- I thank the chairman for his consid- evenhandedness that he has shown in gested that the grant name be changed from eration on this important issue. working with us. We work well to- Riley Co. to the City of Manhattan so that Mr. DICKS. I understand my col- gether, and I think this bill shows that. EPA could award the grant funds directly to league’s problem. We’re going to work In closing, I’d like to thank both ma- Manhattan. with him and try to work this out with jority and minority staff for their long Although these changes are a Congres- the other body. But I realize how seri- sional decision, EPA does support using the hours and fine work in producing this ous this is, and we’ll work with him legislation. On the majority side, this funds for the waterline project, so that an area adjacent to Manhattan which currently until we get a satisfactory solution. includes Delia Scott, Chris Topik, has an inadequate source of drinking water, Mr. TIAHRT. I thank the chairman. Julie Falkner, Greg Knadle, Beth can receive high quality drinking water from Mr. DICKS. Madam Chair, if I could Houser, Melissa Squire, Ryan Shauers, Manhattan to help protect the public health be recognized again, I want to yield 2 and Pete Modaff. of those living in the Konza area. minutes to Congressman GERALD E. On the minority side, let me thank Please do not hesitate to contact me at CONNOLLY of Virginia for the purposes my staff—Missy Small, Megan Milam, (913) 551–7417 or [email protected] if you of a colloquy.

VerDate Nov 24 2008 07:06 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00152 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.186 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7405 Mr. CONNOLLY of Virginia. I thank leagues on my side, we’re used to and tion of Oklahoma from carrying out its my distinguished friend, the chairman treasure the idea that appropriations plan to operate a first through sixth of the subcommittee. bills should come to this floor under an grade school program. The original Heritage programs have proven to be open rule so every Member can come moratorium was to be temporary to af- effective vehicles for increasing tour- forward and offer good suggestions, and ford the BIA a chance to control its ism and conservation. Many citizens the product can be improved. We didn’t construction policy; yet it, in fact, pre- have worked with their Members of do that in this case, and I think that’s cluded the Choctaws from reconsti- Congress to designate new heritage regrettable. The bill would have been tuting their program, which was uni- areas. Thanks largely to the work of better; and frankly, I think the process laterally cut by the termination policy my colleague Frank Wolf, one of these a little less rancorous. of the 1950s, in spite of the fact that the new areas is the Journey Through Hal- Second, I want to express my senti- tribe built a new school and, thus, lowed Ground National Heritage Area. ments in agreement with Mr. SIMPSON saved the government considerable ex- I appreciate the chairman including about the spending levels here. There’s pense. funding for this and other new heritage a lot of good projects in this bill. But I appreciate your pledge to work with areas in this markup as well as that of whether or not we can sustain them me and the Choctaw Nation of Okla- the ranking member, Mr. SIMPSON, and over the long term I think is a very le- homa to address this problem. And I I ask if he foresees an opportunity to gitimate question that we’re going to deeply appreciate the committee in- revisit that financial support in appro- have to wrestle with again and again in cluding language in your report accom- priations cycles. bill after bill. panying H.R. 2996, now under consider- I yield to the gentleman from Wash- Having said that, Madam Chair- ation, directing the Bureau of Indian ington. woman, I’d like to balance my com- Affairs ‘‘to study and report to the Mr. DICKS. I thank the gentleman ments with three very positive obser- committee within 180 days after the en- from Virginia for acknowledging this vations about this product. The first is actment of this Act on the impacts of important program. Would the gen- the process under which we arrived at allowing reinstatement of termination- tleman agree that a critical component a bill. I have to echo Mr. SIMPSON’s ap- era academic programs or schools that to freeing up additional dollars for the preciation for Chairman DICKS’ wonder- were removed from the Bureau School partnership program would be to have ful cooperation and open process. Cer- System between 1951 and 1972.’’ This in- our existing heritage areas move to- tainly the chairman and the ranking cludes the reestablishment of Jones wards self-sufficiency? member worked together well. They in- Academy of Oklahoma as part of the Mr. CONNOLLY of Virginia. Yes, I cluded all of this, and I’m very grateful Bureau School System. agree with the distinguished chairman. for that. Mr. Chairman, the Choctaw Nation In order to maintain and expand upon Second, I agree with the chairman has paid all construction and mainte- the existing program, we must ensure and the ranking member’s emphasis on nance costs, and Jones Academy has that existing heritage areas establish the importance of water projects. I too received extensive positive recognition independent funding resources as origi- represent many small communities from multiple sources, yet the tribe is nally envisioned. My district is the that struggle to have sufficient rev- prohibited from operating Jones as a prime example of the importance of enue to actually build the water sys- Federal grant school or for reestab- Federal funding. The historic village of tems they need. That’s an appropriate lishing their preexisting program. I Buckland is home to a Native Amer- focus, and I am grateful for that. And would like to submit for the RECORD a ican step mound, the home of a Jeffer- finally, Madam Chairwoman, all too prescription of the current Jones Acad- son-era northern Virginia Congress- often in this body the First Americans emy program. man, homes of an antebellum freeman have been the last Americans. That’s It is to meet this concern that I ask community, and a Civil War battle- certainly not the case in this bill. The for a clarification, Mr. Chairman. Is it ground. It is one of the best preserved chairman, in particular, deserves ex- the chairman’s understanding that the examples of a village planned on the traordinary credit for the effort and re- study and report should be done in con- traditional British axial layout. Many sources he’s put behind Native Amer- sultation with the tribes involved, as of the local residents have worked to- ican concerns in health care, law en- required by Public Law 95–561, and that gether to acquire and protect the his- forcement and education. I am person- the costs to be provided are to be those toric structures and landscapes in ally very grateful for it. It’s one of the associated with the current tribal pro- Buckland. However, they cannot do it best efforts we’ve seen certainly in grams and practices and the current alone with development pressure in the over a decade. state of the school programs involved National Capital Region threatening to In conclusion, Madam Chairwoman, I as opposed to the rural farm-based degrade this fully intact historic site. hope we can do a little bit better going boarding programs of the 1950s? This is a prime example of where addi- forward in working on the spending Mr. DICKS. Reclaiming my time, it tional funding could be used to aug- and the prioritization. But I appreciate is our understanding that the Mem- ment substantial private funds to pre- the process, and I’m confident we can ber’s statement of our intent is cor- serve an entire village in this case and improve this bill as we work it rect. surrounding landscape representing through. Mr. BOREN. If I may ask one more American history from the Native Mr. DICKS. I would like to yield my- question, is it the committee’s inten- Americans to the Civil War and be- self 2 minutes for the purpose of having tion at this time, absent a timely re- yond. Madam Chairman, I thank the a colloquy with the gentleman from port by BIA directly responsive to the chairman for his interest and commit- Oklahoma (Mr. BOREN). committee report language, to work to ment to the heritage partner programs Mr. BOREN. Thank you, Mr. Chair- include Jones Academy as part of the and look forward to working with him man. Bureau School System? in the future. I am here today to seek the chair- The Acting CHAIR (Ms. EDWARDS of Mr. DICKS. Madam Chairman, I look man’s assistance with an important Maryland). The time of the gentleman forward to working with the gentleman matter involving the Choctaw Nation has expired. from Virginia on this very important of Oklahoma, a matter with which he Mr. DICKS. I yield myself 1 addi- issue. has been most helpful and under- tional minute. Mr. SIMPSON. Madam Chairwoman, standing. I am also proud my friend The gentleman from Oklahoma has I would yield 2 minutes to my good Mr. COLE from Oklahoma, who is a contacted me, and I have assured him, friend from Oklahoma (Mr. COLE). Chickasaw, a great friend of the Choc- Chief Pyle and the Choctaw Nation of Mr. COLE. I thank the gentleman for taw people, is here and helping me as Oklahoma that the ranking member yielding. well. and I share with the entire sub- I must begin by expressing two res- The issue is the effect of the morato- committee his desire to support these ervations about the legislation in front rium on school participation in the efforts to provide quality educational of us. The first is the manner in which BIA academic funding system and its opportunities for the students from it arrived at the floor. Like my col- effect of preventing the Choctaw Na- many tribes nationwide who attend

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00153 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.188 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7406 CONGRESSIONAL RECORD — HOUSE June 25, 2009 Jones Academy. I will work towards in- School (baseball, softball, football, were completely renovated in 2000. The girls’ clusion of the Jones Academy, should volleyball, basketball, cheerleading, dorm was built in 1994 and is a modern, the BIA be untimely or unresponsive to weightlifting, etc.) bright, home away from home. All four the committee’s directive. But I doubt Horseback riding, archery, ROPES course, dorms have communal living rooms with paint ball, over-night camping, social and areas for entertainment. that they will be. cultural dances, movies, swimming and fish- Mr. BOREN. Thank you, Mr. Chair- ACADEMIC PROGRAM ing The long-range goals of our academic pro- man. Outings to museums, area lakes, parks and gram are to develop capable students who zoo, sporting and cultural events JONES ACADEMY can read and write proficiently and perform Six Flags Over Texas and Frontier City INTRODUCTION math functions necessary in life. We believe trips Jones Academy is a Native American resi- that building a strong foundation for our Raising & showing swine projects dential learning center for elementary and children will lead to success. Summer youth work program secondary school age children. The boarding Our students attend the Hartshorne Public school is located in southeast Oklahoma and ENRICHMENT PROGRAM Schools. They are fully supported in their houses co-ed students grades 1 through 12. Journalism class which produces a news- academic endeavors as well as extra-cur- Established in 1891, the facility is under the letter for parent/guardians/supporters ricular activities. Grades are monitored auspices of the Choctaw Nation of Okla- Guitar & piano lessons weekly to insure that the student is per- homa. The campus sits on 540 acres five Horseback riding forming to the best of his/her ability and re- miles east of Hartshorne, OK on Highway 270. Archery activities ceiving proper instruction. Tutorial services STUDENT POPULATION Ceramics, arts & crafts, pottery and art are offered to students in all grades. Stu- 150 to 190 students attend Jones Academy— lessons dents receive incentives for academic 50 to 60 elementary students (1st–6th)—100 to Social skills training achievements. High school students are pro- 130 junior high & high school students (7th– Community service projects vided career counseling for postsecondary 12th) OTHER SERVICES education such as college or vocational 25 to 30 tribes are represented at Jones Student senior high school graduation ex- training. Jones Academy houses an alternative Academy penses paid for by Jones Academy (sr. pic- school for students whose needs have not 10 to 15 states are represented at Jones tures, announcements, sr. jacket, class ring) been met in the traditional classroom or who Academy Family day at Jones Academy are behind in grade level. The limited class ACADEMICS Purchase hygiene products as well as clothing for students as needed size and self-paced curriculum allow the August 2005, grades lst–6th began being teachers to give the students individualized taught at Jones Academy—School years Provide three meals and snacks each day Provide safe secure environment for stu- academic attention. 2005–06 & 2006–07: Jones Academy achieved a The Choctaw Nation has begun the process perfect API (Academic Performance Index) dents and staff Provide transportation home to and from of operating its own school at Jones Acad- on state achievement tests emy. Grades first through sixth are pres- August 2008, Choctaw Nation opened $10.2 Jones Academy Provide adult supervision for students 24/7 ently held on our campus. Construction of million elementary school at Jones Academy the new elementary school began in 2006. Jones Academy has an alternative school Assist student in getting driver’s license for students (7th–12th), that are behind in Motivational speakers (including Miss OK/ CULTURAL/RECREATIONAL ACTIVITIES their credits (self-paced curriculum) Miss America) A goal of Jones Academy is to involve all Approximately 120 students (7th–12th) at- LOCATION AND HISTORY students in cultural, educational and rec- reational activities. Our facility offers a tend the Hartshorne Public school System Jones Academy is a Native American resi- Tutoring is offered five nights a week for wide variety of services to the student. Stu- dential learning center for elementary and all students dents are encouraged to participate in our secondary school age children. The facility is Several academic software programs are cultural and traditional programs. These ac- located in southeast Oklahoma and houses utilized to enhance student academic tivities include the Indian Club, traditional about 190 co-ed students grades 1 through 12. achievement dance, drum and singing groups, pow-wows, Established in 1891 by the Choctaw Nation of Rewards for academic achievement pro- visits to ancient burial mounds and tribal Oklahoma, the campus sits on 540 acres of vided by Jones Academy and the Choctaw festivals/museums. rolling pasture 5 miles east of Hartshorne, Nation STAR program plus the Jones Acad- Recreational activities include intramural OK on Highway 270. Named after Wilson N. emy Scholarship for former students en- sports, camping, swimming, fishing, social Jones, Principal Chief of the Choctaws from rolled in postsecondary institutions of high- dances, bowling, skating, movies, picnics, 1890 to 1894, the school has served genera- er learning and/or training horseback riding, and many other services. tions of Native American children while Vocational Training through the Kiamichi Jones Academy offers a strong well-rounded under the oversight of the Choctaw Nation Technology Center program of activities to meet the individual or the Bureau of Indian Affairs. Choctaw Language is offered needs of our youth. STUDENT BODY MEDICAL MEDICAL SERVICES Health Screenings—including physicals Initially, the facility was an all boys With the support of Choctaw Nation and dental services for all students—pro- school. In 1955, Wheelock, a non-reservation Health Services, Jones Academy is able to vided by the Choctaw Nation Health Services school for Indian girls, was closed; approxi- provide health care for our students. Our and follow-up appointments as needed mately 55 female students then were trans- youth receive complete physical exams soon All students receive eye checks with fol- ferred to Jones Academy. In April of 1985, after school begins. Throughout the year, a low-up and glasses purchased as needed the Choctaw Nation contracted the boarding registered nurse and physician’s assistant Nutritional Classes/Activities including a school operation from the Bureau of Indian are on site four days of the week. Other med- school health fair sponsored by the Choctaw Affairs. In 1988, Jones Academy became a ical services are referred to the Choctaw Na- Nation tribally controlled school. tion Indian Health Clinic at McAlester and Students are provided with a school nurse Our students represent a cross-section the Choctaw Nation Indian Hospital at in the evenings—offered through CNHS, as much like most other areas of the country. Talihina. well as access to the health clinic in Jones Academy’s maximum enrollment is McAlester and Talihina Hospital 190. In the past, the school has enrolled stu- STUDENT ACTIVITIES COUNSELING dents from 29 different tribes. Students come Indian Club Drum, Dance, Singing Groups Counseling Services—two licensed profes- from parts of Oklahoma, Texas, Mississippi, Jones Academy Rangers sional counselors, four part-time mental New Mexico, Nevada, South Dakota, and sev- Girl Scouts health professionals with masters degrees, eral other states. Each student is a member of a federally recognized Indian tribe. Choctaw Language Classes one certified drug and alcohol, an academic/ Student Council FACILITIES/PHYSICAL RESOURCES guidance counselor and a school-based social Ropes Course worker The physical layout of the campus includes Weight-Lifting ACT prep courses for college bound stu- two dormitory buildings, each divided into Livestock Shows dents as well as visits to post-secondary in- elementary and secondary wings. There is a Dances and Prom stitutions of higher learning and/or training cafeteria, an after-school tutorial building, Overnight Camping Oaks peer/group intervention provided at and a counseling center. A gym houses two Paint Ball, Go-Cart Racing the alternative school classrooms for 20 alternative school stu- Horseback Riding, Skating Prevention and dorm meetings are held dents, a basketball court, and a weight room. Movies, Swimming, Fishing, weekly The campus grounds also include a museum, Arts & Crafts, Flute Making RECREATION/ACTIVITIES an administration building, and a library/ Outings to Area Lakes/Parks, Zoos, Muse- Students participate in athletics at Jones learning center with an underground storm ums, Sporting and Cultural Events, Shop- Academy and at the Hartshorne Public shelter. The boys’ dorm and the cafeteria ping Trips

VerDate Nov 24 2008 07:06 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00154 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.189 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7407 Six Flags, Frontier City Trips It’s because of this study the VA has two cemeteries, NORM. It should go to RESIDENTIAL PROGRAM raised the standards of all VA ceme- all 14 cemeteries, not just the two that Jones Academy provides the following teries to make them national ceme- are presently interring. The Depart- services to our students: teries of which we can all be proud. ment of the Interior, they have made Tutorial Assistance for All Grades While I’m encouraged by the Na- progress; but Chairman DICKS, we can Rewards for Academic Achievement tional Park Service’s response in ad- take care of this right now. You and I Work Program for Clothing dressing this problem since I brought it sat there, along with the ranking mem- Summer JTPA Work Program to the Nation’s attention in 2007, we Drug and Alcohol Education ber, in discussions in the Rules Com- Library Learning Center with Computers still have a little ways to go. You can mittee as to why this should be an and Internet/E-mail Access see what Andersonville looked like open rule; and the three of us should be Career Counseling then. Here is Normandy. Normandy able to work in the interest of the College and ACT Tests Preparation comes under the Battle Monuments country right now. And I would appeal Senior Graduation Expenses Paid Commission. This is like a putting to you, Mr. Chairman. We can take Jones Academy Scholarship Program green. It is extraordinary what the care of this right now. You can move Vocational Training through the Kiamichi Battle Monuments Commission does. Technological Center that the committee do rise, and I could Alternative School Program Then we have Arlington, under the ju- offer this amendment. We can voice Agriculture Program risdiction of the United States Army, vote it. You can accept it. We can go Driver’s License then oversight by the VA—a beautiful back to the Committee of the Whole. Jones Academy Yearbook cemetery worthy of these heroes. Then I would yield to the gentleman for Family Day we have a VA cemetery, a picture here consideration. Nutritional Education in San Diego under the National Shrine Complete Physical Exams Mr. DICKS. I cannot do that. Program—excellent. But what hap- The Acting CHAIR. All Members are Medical Services Provided pened when I complained about, Let’s Mental Health Services reminded to address the Chair. Health Fair get rid of the weeds around the stones? Mr. DICKS. I appreciate the gen- Walking Program & Aerobics Class They took a weed whacker, and they tleman yielding. Unfortunately I can’t Project Fit America removed all the weeds, and now we’ve do that. But I will do everything I can, Life Skills Curriculum got dirt around all the stones. That is not only to address the two that you’ve Social Services Staff not the shrine program that we’re talk- Campus Security mentioned, but all 14; and we’ll work ing about. together on this. If it isn’t to the gen- Mr. DICKS. Will the gentleman Mr. SIMPSON. Madam Chairwoman, tleman’s satisfaction, we will address yield? I now yield 3 minutes to my good it with legislation next year. friend from Indiana, the former chair- Mr. BUYER. Please. Mr. DICKS. Mr. BUYER, I would like The Acting CHAIR. The time of the man and now ranking member of the gentleman from Indiana has expired. Veterans’ Affairs Committee, Mr. to thank you for bringing this issue to light and I would like to work with you Mr. SIMPSON. I yield the gentleman BUYER. 1 additional minute. Mr. BUYER. I thank both gentlemen to improve the standards of these for their leadership. cemeteries. I do agree that we must In the spring of 2007, it came to my improve these cemeteries to ensure b 2145 attention that the condition in the 14 that our appreciation for our veterans’ Mr. BUYER. What I had hoped to do, national cemeteries under the jurisdic- sacrifices is appropriately expressed by instead of saying let’s fence off money tion of the National Park Service are maintaining their final resting place to and do this type of requirement, what not maintained at the same high level the highest standards. I want to assure I had hoped to do is make it clean and as the national cemeteries adminis- the gentleman that the National Park clear. Maybe there’s an arrangement tered by the Department of Veterans Service is taking steps towards better whereby the three of us can work with Affairs. Of these 14 cemeteries, only maintenance of the cemeteries. The na- Secretary Salazar and we can ask him two of them, Andersonville in Georgia tional office of the Park Service is as- that he do the initiative, do the study, and Andrew Johnson in Tennessee, are sembling a team with expertise and move to the National Shrine Program, still open and regularly inter veterans. cultural resource preservation and bring it into next year’s budget. While on active duty as a colonel in maintenance. This team will conduct a Mr. DICKS. Will the gentleman the Army Reserves, I visited Anderson- review of these two active cemeteries yield? ville with a cadre of JAG officers. I and make recommendations to the na- Mr. BUYER. I yield. tional office regarding appropriate cor- then discovered the conditions of the Mr. DICKS. I’m prepared to have a rective actions where deficiencies are cemetery to be unacceptable and not meeting with officials from the Inte- found. I would follow up this effort to up to the standards that these heroes rior Department, with Mr. SIMPSON, ensure that the services provide a level have earned. The grave markers had and yourself to address this issue. of care befitting a national shrine. I not been washed in some time, as you That’s the best I can do today. But we look forward to working with you to can see on this photo. The markers are will follow through and make sure it address this issue. completely out of line. The weeds have Mr. SIMPSON. Will the gentleman happens. grown up all around the markers. yield? Mr. BUYER. Your word is solid with Shrubbery had not been cared for in Mr. BUYER. I yield to the gentleman me. the manner that it should, and it ap- from Idaho. Mr. SIMPSON. I thank the gen- pears that the attention had not been Mr. SIMPSON. I would like to echo tleman for bringing this to our atten- given to these graves that I believe the words of Chairman DICKS and tion, and I can guarantee that the Na- should have been. thank the gentleman from Indiana for tional Park Service is now aware of it I had an amendment that should bringing this to our attention, the im- also. have been ruled in order, but it was not portance of improving the standards of Mr. BUYER. Thank you, gentlemen. under the rule. It would have required these cemeteries. Mr. BUYER’s amend- Mr. SIMPSON. Madam Chairwoman, the Secretary of the Interior to con- ment—though not made in order, and I reserve the balance of my time. tract with an independent organization it should have been made in order—has Mr. DICKS. Madam Chair, I welcome to conduct a study of all National Park made us aware of this situation that a colloquy with my distinguished col- Service cemeteries and identify the im- must be addressed. I will continue to league, Mr. LATOURETTE, and yield him provements that are necessary for work with Chairman DICKS and Mr. 2 minutes. these cemeteries to meet the same BUYER to ensure that these veterans’ Mr. LATOURETTE. I thank the dis- high standard of the VA’s National cemeteries are brought up to the stand- tinguished chairman. Shrine Program that’s in the cemetery ard consistent with other veterans’ First I would like to begin by ex- system. I modeled this amendment cemeteries. pressing my appreciation to the chair- after the successful VA shrine commit- Mr. BUYER. I would ask the chair- man for his work on this bill, espe- ment legislation in Public Law 106–117. man—this team shouldn’t just go to cially his commitment to investing in

VerDate Nov 24 2008 07:06 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00155 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.138 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7408 CONGRESSIONAL RECORD — HOUSE June 25, 2009 the new Great Lakes Restoration Ini- Mr. BROUN of Georgia. Madam Mr. BROUN of Georgia. The appro- tiative, which I believe will signifi- Chairman, the House is now consid- priations process is one of the primary cantly accelerate the pace of Great ering the Department of Interior, Envi- ways that Congress exercises that Lakes cleanup and protection efforts. ronment, and Related Agencies Appro- power given to us by the Constitution. I would like to clarify one important priations Act of 2010. I ask that the majority leadership re- aspect of this effort, however, regard- Appropriations bills have tradition- consider this dangerous path we are ing the committee’s intent for a por- ally been brought to the floor under an headed down. All Members of Congress tion of the funding included in this open rule where all relevant amend- must be allowed to offer all relevant vital initiative. ments are allowed to be offered to the amendments on all appropriations bills Mr. DICKS. Will the gentleman bill. Sadly, the majority has decided to and let the people’s voices be heard. yield? reject precedent. We’re once again op- Please let their voices be heard on the Mr. LATOURETTE. Happily. erating under a structured rule on an floor of this House. Mr. DICKS. I appreciate the gentle- appropriations bill. Mr. DICKS. Madam Chair, I yield 5 man’s remarks. We were pleased to in- And what is the reason given for si- minutes to the distinguished gen- clude funding for this important pro- lencing the representatives of millions tleman from Kentucky, who is a distin- gram in the bill, based on the adminis- of Americans? Time. In their push to guished member of our subcommittee tration’s budget request and the broad get through massive spending bills, the (Mr. CHANDLER). bipartisan support of my colleagues in- leadership in this House have decided Mr. CHANDLER. I would first like to cluding my colleague from Ohio (Mr. that doing so quickly is more impor- express my gratitude to our chairman, LATOURETTE). tant than having a quality debate on Mr. DICKS, who has provided tremen- Mr. LATOURETTE. Reclaiming my how the taxpayers’ money is being dous leadership on this bill, tremen- time, thank you, Mr. Chairman. spent. Not allowing votes on relevant dous leadership throughout the year on To accomplish the ambitious goals of amendments is a historic blow against the Interior Appropriations bill, a bill the Great Lakes Restoration Initiative, the rights of all Members of this great that I believe is extremely important a variety of approaches and strategies institution. More importantly, this to the future of our country. I’d also will be required. Among these is the Democratic stunt muzzles the voices of like to thank our ranking member, Mr. targeted conservation of key coastal the American people. Only 13 amend- SIMPSON, for the way that he has in a natural resource lands. Along the ments out of 105 that were offered in very bipartisan way conducted himself shores of the Great Lakes and else- the Rules Committee were made in and the business of the committee. It’s where across the Nation, a number of order. I personally offered 12 without a been a committee that has worked tre- these coastal landscapes are being pro- single one made in order. And to think mendously well together throughout tected through the National Oceanic that we Republicans are the ones being the year. and Atmospheric Administration’s called ‘‘childish.’’ Come on. Madam Chairman, I want to rise to Coastal and Estuarine Land Conserva- At a time when our Nation faces an express my strong support for this bill. tion Program, or CELCP. With the pro- economic crisis, record debt, rising un- This bill is an extremely important gram’s 50 percent matching require- employment, this year’s Interior Ap- one, as I mentioned a moment ago; and ment and the engagement of coastal propriations bill spends a whopping 17 I believe that we have had the oppor- communities and States, the program percent more than last year. tunity this year, as a result of our leverages Federal investment in re- One of my amendments that was not chairman’s efforts, to hear hundreds of markable ways. In my own State of allowed would have simply reduced the witnesses in extensive hearings. I be- Ohio, CELCP has been instrumental in amount appropriated under this act by lieve this is one of the most hard- securing key properties and conserving a mere half of a percent, 0.5 percent. working subcommittees of the Appro- ecological resources at the Mentor That’s half a penny for every dollar priations Committee. We have discov- Marsh and along East Sandusky Bay. I that the Federal Government spends. ered some very real needs across this understand that the chairman’s own Another amendment of mine would country. We discovered, of course, the involvement in the program has helped have reduced the amount of appropria- fact that many of the needs in our to conserve vital coastal resources tions in this bill by the amount of un- country have languished over quite a along the Puget Sound. obligated stimulus funds that was number of years, and this sub- Under the Great Lakes Restoration given earlier this year. committee has made a great effort, I Initiative, $15 million would be avail- The Founding Fathers gave Congress believe, in this bill to address some of able to NOAA for habitat restoration the sole power of the purse. In article I, those needs. and protection. I understand that an section 9, clause 7 of the Constitution We’re all struggling in this country underlying expectation for these funds it specifies that ‘‘no money shall be today with a troubled economy. There- is that at least half of them would be drawn from the Treasury, but in con- fore, the investments made in this bill expended through CELCP on land con- sequence of appropriations made by are all the more important to the peo- servation priorities that contribute to law.’’ Many of the Founding Fathers ple and to the communities that we all the goals of the initiative and these believed that the power of the purse is serve. And I would like to mention a funds would supplement rather than re- the most important power of Congress. few of the things in this bill that I be- place CELCP funds provided in other In Federalist No. 58, James Madison lieve are particularly important. legislation for priorities in the Great wrote: ‘‘This power of the purse may, Deteriorating water infrastructure Lakes region. Is this correct? in fact, be regarded as the most com- across the country endangers the I yield to the gentleman. plete and effectual weapon with which health of our citizens and of our envi- Mr. DICKS. The gentleman from Ohio any constitution can arm the imme- ronment. At the same time, our State is indeed correct. In my district I have diate representatives of the people for and local governments are faced, as we seen the importance of the partner- obtaining a redress of every grievance all know, with enormous budget short- ships in the CELCP to our fragile and for carrying into effect every just falls, preventing them from adequately coastal resources. The committee ex- and salutary measure.’’ addressing the problem. Federal sup- pects NOAA to invest in Great Lakes Whether you believe that the Federal port for drinking water and wastewater conservation through CELCP, as the Government is spending too much infrastructure is necessary. This bill gentleman has outlined; and I would be money, as I do, or not enough, the provides nearly $4 billion in grants and happy to work with him to ensure that American people deserve an open proc- loans for this purpose, a small down the funds will be used for this purpose. ess that allows votes on how we spend payment on the need, estimated at Mr. LATOURETTE. Reclaiming my their money, regardless of how much some $300 billion over the next 20 time, I thank the Chair. time it takes. years. Mr. DICKS. Madam Chair, I reserve The Acting CHAIR. The time of the In the area of conservation, this bill the balance of my time. gentleman has expired. does great things for public lands and Mr. SIMPSON. Madam Chairwoman, Mr. SIMPSON. Madam Chairwoman, wildlife conservation. Funding for the I now yield 3 minutes to the gentleman I yield the gentleman an additional 30 National Park Service, our wildlife ref- from Georgia (Mr. BROUN). seconds. uges, and our national forests will help

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00156 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.193 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7409 maintain these national treasures for level for fiscal year 2010. Over 40 bipar- grants are awarded in a timely and effi- the enjoyment of all Americans. Our tisan Members of the House sent a cient manner and work with you in the public lands are key to preserving habi- similar letter of support to the sub- coming fiscal years to secure more ro- tats and biodiversity, which have posi- committee. Funds invested by the Fed- bust funding for this program. It truly tive impacts on our quality of life and eral Government in this program lever- is a win-win-win situation, stimulating the health of our ecosystems. age two State and local dollars for the American economy, improving air And in the area of environmental every one Federal dollar appropriated quality nationwide, and reducing emis- protection, Madam Chairman, in this and provide $13 of economic benefit for sions that are among the greatest con- legislation we make strong invest- every dollar spent on the program. tributors to global warming. ments in programs that protect our en- I want to thank Mr. CALVERT for his b 2200 vironment. The Superfund program interest and bringing this to our atten- cleans up our Nation’s most contami- The Diesel Emissions Reduction Act tion. nated sites and readies them for new was authorized at 200 million per year I reserve the balance of my time. economic development. The Energy from FY07 to FY11. However, even Mr. DICKS. Can you tell us what the Star program conserves energy and given this program’s success in com- remaining time is on both sides? saves the consumer money. This bill bating global warming, DERA has re- The Acting CHAIR. The gentleman 3 provides increases to both the Super- ceived less than $146 million in regular from Washington has 3 ⁄4 minutes, and the gentleman from Idaho has 4 min- fund and Energy Star. fiscal year appropriations so far, 25 per- This bill also helps preserve our cul- cent of its authorized level. In this utes. Mr. DICKS. I reserve the balance of tural heritage and educates our citi- year’s bill, the DERA program is slated my time. zens about our history. State Historic to receive $60 million. To date, this successful program has Mr. SIMPSON. I would inform the Preservation Offices are funded at $46.5 chairman that we have no further million. The projects these organiza- received over 650 applications for DERA grants totaling over $2 billion. speakers. tions undertake in all 50 States not Let me just say in closing, Madam Given this fact and the broad support only protect our cultural identity, but Chairwoman, that I have truly appre- this program has received, our col- they create jobs in so many of our ciated working with you, Chairman league, Mr. CALVERT, introduced an small towns and communities. DICKS. You and the staff have been an amendment in the Appropriations This legislation is responsible, honor to work with, and I think we Committee to increase funding for Madam Chairman, for investment in have created a very good bipartisan DERA by $15 million. Though this our future. It protects our environ- bill. To tell you the truth, I can’t com- amendment was not adopted, Mr. ment, it protects our health, and it plain about anything where you have Chairman, I ask you today, are you celebrates our heritage, among many spent the funds, although there might willing to work with Congressman CAL- other things. Chairman DICKS ought to have been some differences that I VERT in the future to increase funding be commended for the job that he has would have made if I were king for a for DERA closer to its authorized done in putting together a bill that is day and that type of thing, but I think level? very difficult to put together in many we have come out with a good bill. ways. He’s worked diligently on it. Mr. DICKS. Will the gentleman As I have said, since we started the And I also want to take this oppor- yield? markup, you know that my major con- Mr. SIMPSON. I will yield. tunity to thank our chairman for mak- cern is the overall spending level in Mr. DICKS. First, Mr. SIMPSON, I ing a special effort this year to fly to this bill. But in terms of what we have want to commend you for your leader- my home State of Kentucky to look at spent it on, I have no problems with ship on the Interior and Environment some very significant issues in our the way that you are approaching this, Subcommittee and your support of the mountains of Kentucky, the practice of and I thank you for your bipartisanship DERA program. There is no doubt that mountain-top removal, a controversial and working with us. practice which is of great concern to the DERA program is a worthwhile and Mr. DICKS. Will the gentleman many of our citizens. beneficial program that plays a signifi- yield? Mr. Chairman, I thank you for your cant role in combating global warming Mr. SIMPSON. I would be happy to efforts in that regard, and I thank you and improving air quality. This is why yield to the gentleman. for the work you’ve done. this subcommittee has continued to Mr. DICKS. I want to commend the Mr. SIMPSON. Madam Chairwoman, fund and support this program. We pro- gentleman for his work and his staff’s I yield myself such time as I may con- vided $60 million in both fiscal years work. It’s been a real pleasure. Every- sume for the purposes of entering into 2009 and 2010, and an additional $300 one has worked together. I also want to a colloquy with Chairman DICKS on be- million through the Recovery Act. commend again, the attendance on half of Mr. CALVERT of California. To date, only 32 percent of funds ap- your side of the aisle. We have four Mr. DICKS, I rise today in support of propriated for this program through Cardinals on our subcommittee, so the Diesel Emissions Reduction Act the Recovery Act have been spent. I they have subcommittees they are run- grants programs, which provide needed understand that EPA plans to obligate ning. It’s very difficult for everybody funding to State and local pollution all the Recovery Act funds before they to be there, but your side has been control agencies to retrofit and replace begin a solicitation for the 2009 funds. there, and it’s been terrific and the older, higher emission diesel with It could be well into 2010 before the 2009 questions have been great, and it’s just newer, lower emission, and more effi- funds are spent. been a real pleasure. cient technologies. President Obama’s budget requested And I also want to thank Mr. OBEY, EPA studies indicate that black car- $60 million for the DERA program in the chairman of the full committee, for bon, like that emitted from diesel en- FY10 and this bill provides that. Over this allocation. We can only go as far gines, is the second most significant the next fiscal year, I will work with as our allocation, and I think Mr. OBEY contributor to global warming. Retro- you, Mr. CALVERT—Congresswoman recognized that we had been hurt over fits and replacements of old diesel en- DORIS MATSUI has also talked to me the last 8 years, and that this was a gines, like those supported by DERA, about this—the EPA, and program catch-up budget. reduce these emissions by up to 90 per- stakeholders to review DERA in hopes But these are such important pro- cent. of improving and streamlining its grams, our national parks, our na- Recently, a broad and diverse coali- grant-making process and ensuring tional forests, our Fish and Wildlife tion of over 250 environmental, science, that we provide the proper level of Service, and the programs for the public health, industry, and State and funding in 2011. tribes. And I have really appreciated local governments wrote members of Mr. SIMPSON. Reclaiming my time, Mr. COLE and Mr. OLVER, who have the Interior and Environment Appro- Mr. Chairman, I am eager to work with both been so concerned and sensitive priations Subcommittee encouraging you over the coming year to improve about these tribal issues. the committee to fully fund the DERA the DERA granting process to ensure And we have made substantial in- program at its $200 million authorized that applications are processed and creases. But even with that, the work

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00157 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.195 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7410 CONGRESSIONAL RECORD — HOUSE June 25, 2009 remains to be done. There still is more from Texas (Mr. HENSARLING) or his Page 18, line 13, after the dollar amount, that needs to be done in order to really designee. Each amendment shall be insert ‘‘(increased by $10,000,000)’’. take care of the issues in Indian coun- considered as read, shall be debatable Page 46, line 2, after the dollar amount, in- sert ‘‘(reduced by $10,000,000)’’. try. And I thought some of our hear- for 10 minutes equally divided and con- Page 16, line 25, after the dollar amount, ings this year where we really got into trolled by the proponent and an oppo- insert ‘‘(increased by $1,000,000)’’. law enforcement and the need for more nent, and shall not be subject to a de- Page 17, line 3, after the dollar amount, in- law enforcement, the need for a rec- mand for division of the question. An sert ‘‘(increased by $1,000,000)’’. ognition that the laws are covering amendment printed in part B, C, D, or Page 17, line 18, after the dollar amount, insert ‘‘(reduced by $1,000,000)’’. tribal areas today are not sufficient, E of the report may be offered only at and the Justice Department needs to the appropriate point in the reading. The Acting CHAIR. Pursuant to House Resolution 578, the gentleman take action on this. After consideration of the bill for ICKS) and a So I commend the gentleman for his amendment, the Chair and ranking mi- from Washington (Mr. D Member opposed each will control 5 solid work and participation, and let’s nority member of the Committee on minutes. get on with the amendments. Appropriations or their designees each The Chair recognizes the gentleman Mr. SIMPSON. Reclaiming my time, may offer one pro forma amendment to from Washington. I thank you, and as I said in my open- the bill for the purpose of debate, Mr. DICKS. This is a good amend- ing statement, I truly do want to which shall be controlled by the pro- ment. It’s the so-called manager’s thank you for the oversight hearings ponent. amendment. It does three important that you have. It’s been the best com- The Clerk will read. things, but they are modest. mittee that I have served on in my The Clerk read as follows: First, as Chairman RAHALL of the time in Congress in terms of the over- H.R. 2996 Natural Resources Committee pointed sight hearings that we have done, and I Be it enacted by the Senate and House of Rep- out, this amendment restores the Inte- think that’s one of the most vital func- resentatives of the United States of America in rior Department’s authority to assist tions that we have performed here and Congress assembled, That the following sums cooperative watershed projects that re- you have done a masterful job on them. are appropriated, out of any money in the store streams damaged by acid mine Mr. EHLERS. Madam Chair, I rise to take a Treasury not otherwise appropriated, for the Department of the Interior, environment, drainage. This authority was in law for few moments to talk about a portion of this bill and related agencies for the fiscal year end- several years but was inadvertently that I am very supportive of—the Great Lakes ing September 30, 2010, and for other pur- discontinued after the surface mining Restoration Initiative. poses, namely: reclamation law amendments of 2006. The Great Lakes are a national treasure. TITLE I—DEPARTMENT OF THE This amendment aids citizens groups The lakes hold 95 percent of the U.S. surface INTERIOR and States that are restoring streams fresh water and are the largest system of sur- BUREAU OF LAND MANAGEMENT damaged by previous coal mining. face fresh water on the planet. In addition to MANAGEMENT OF LANDS AND RESOURCES Second, this amendment adds $10 offering recreation and transportation options, For necessary expenses for protection, use, million to the National Park Service the Great Lakes also provide more than 30 improvement, development, disposal, cadas- State grant program. This program million people with drinking water. tral surveying, classification, acquisition of provides grants for acquisition of park Unfortunately, the health of the Great Lakes easements and other interests in lands, and and recreation lands by State and local is threatened by aquatic invasive species, con- performance of other functions, including communities and was proposed by Mr. taminated sediment, nonpoint source pollution, maintenance of facilities, as authorized by MCGOVERN. and habitat loss. Failure to protect and restore law, in the management of lands and their There is tremendous demand for resources under the jurisdiction of the Bu- more parkland and for recreational fa- the lakes now will result in more serious con- reau of Land Management, including the sequences in the future, in addition to increas- cility development. It is more and general administration of the Bureau, and more vital to get people, and especially ing cleanup costs. assessment of mineral potential of public Since being elected to Congress, I have lands pursuant to Public Law 96–487 (16 kids, out in nature and outdoors doing championed Great Lakes restoration efforts, U.S.C. 3150(a)), $950,496,000, to remain avail- active recreation. and I am very pleased that the President’s able until expended; and of which $3,000,000 Lastly, this amendment increases the budget, the Congressional budget resolution, shall be available in fiscal year 2010 subject Save America’s Treasures program by and this appropriations bill, all include $475 to a match by at least an equal amount by $1 million. This will provide funding for the National Fish and Wildlife Foundation cost share historic preservation million for the Great Lakes Restoration Initia- for cost-shared projects supporting conserva- tive. Although this amount is still far short of projects, and I urge adoption of the tion of Bureau lands; and such funds shall be amendment. what is needed to promptly restore the Great advanced to the Foundation as a lump sum I reserve the balance of my time. Lakes, it is a significant down payment. I grant without regard to when expenses are Mr. SIMPSON. Madam Chairman, I thank the Chairman and Ranking Member for incurred. would claim time in opposition. recognizing the importance of restoring the PART A AMENDMENT NO. 1 OFFERED BY MR. The Acting CHAIR. The gentleman Great Lakes and for including this historic DICKS from Idaho is recognized for 5 minutes. funding level. Mr. DICKS. Madam Chairman, I have Mr. SIMPSON. Madam Chairwoman, Mr. SIMPSON. I yield back the bal- an amendment at the desk. it saddens me that we are here with ance of my time. The Acting CHAIR. The Clerk will this manager’s amendment. Tradition- Mr. DICKS. I yield back the balance designate the amendment. ally, manager’s amendments have been of my time. The text of the amendment is as fol- noncontroversial—when they have ever The Acting CHAIR. All time for gen- lows: been offered on an appropriation bill, eral debate has expired. Part A amendment No. 1 offered by Mr. have been noncontroversial and have Pursuant to the rule, the bill shall be DICKS: been offered by both sides. That’s not considered for amendment under the 5- In the item relating to ‘‘Office of Surface the case on this amendment. Mining Reclamation and Enforce- minute rule. Surprisingly, my opposition to the No amendment shall be in order ex- mentlAbandoned Mine Reclamation Fund’’ (page 26, line 2), before the period at the end amendment isn’t because of the sub- cept the amendments printed in part A insert ‘‘: Provided further, That funds made stance of the amendment and the pro- and B of House Report 111–184, not to available under title IV of Public Law 95–87 visions of the amendment, it’s how it exceed three of the amendments print- may be used for any required non-Federal got here. There were a number of ed in part C of the report if offered by share of the cost of projects funded by the amendments that were proposed last the gentleman from Arizona (Mr. Federal Government for the purpose of envi- night in the Rules Committee; almost FLAKE) or his designee; not to exceed ronmental restoration related to treatment all of them were turned down. There one of the amendments printed in part or abatement of acid mine drainage from were amendments that had substantive D of the report if offered by the gen- abandoned mines: Provided further, That such projects must be consistent with the pur- purposes offered by Members on my tleman from California (Mr. CAMPBELL) poses and priorities of the Surface Mining side of the aisle that were turned down. or his designee; and not to exceed one Control and Reclamation Act’’. The ranking member of the full com- of the amendments printed in part E of Page 18, line 11, after the dollar amount, mittee offered an important amend- the report if offered by the gentleman insert ‘‘(increased by $10,000,000)’’. ment that was not made in order. The

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00158 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.197 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7411 ranking member of the subcommittee, teries within the National Park Serv- aggregate of all receipts during the current myself, offered an amendment that was ice would have been simple to put in a fiscal year from the revested Oregon and important and was not made in order. manager’s amendment. California Railroad grant lands is hereby made a charge against the Oregon and Cali- And yet we have taken three proposed But I take the gentleman at his word fornia land-grant fund and shall be trans- amendments that were offered in the and I look forward to working with ferred to the General Fund in the Treasury subcommittee and rolled them to- him in the future on this. in accordance with the second paragraph of gether in one manager’s amendment I yield back the balance of my time. subsection (b) of title II of the Act of August and brought it to the floor, three Mr. DICKS. I yield back the balance 28, 1937 (50 Stat. 876). Democratic proposed amendments and of my time. FOREST ECOSYSTEM HEALTH AND RECOVERY rolled it into a manager’s amendment. The Acting CHAIR. The question is FUND This is not in the tradition of what a on the amendment offered by the gen- (REVOLVING FUND, SPECIAL ACCOUNT) manager’s amendment should be. tleman from Washington (Mr. DICKS). In addition to the purposes authorized in And so while I can’t complain about The question was taken; and the Act- Public Law 102–381, funds made available in the amendments, the amendments that ing Chair announced that the ayes ap- the Forest Ecosystem Health and Recovery Fund can be used through fiscal year 2015 for were offered, per se, if they were of- peared to have it. the purpose of planning, preparing, imple- fered individually and had been allowed Mr. SIMPSON. Madam Chairman, I menting and monitoring salvage timber by the Rules Committee to be allowed demand a recorded vote. sales and forest ecosystem health and recov- independently along with some of the The Acting CHAIR. Pursuant to ery activities, such as release from com- other amendments that should have clause 6 of rule XVIII, further pro- peting vegetation and density control treat- been allowed, I would have voted for all ceedings on the amendment offered by ments. The Federal share of receipts (defined of these amendments, most likely. But the gentleman from Washington will be as the portion of salvage timber receipts not postponed. paid to the counties under 43 U.S.C. 1181f and it’s the process that brought us to this 43 U.S.C. 1181f–1 et seq., and Public Law 106– state. b 2215 393) derived from treatments funded by this And, unfortunately, what’s been hap- account shall be deposited through fiscal pening with the rules that have been Mr. DICKS. I ask unanimous consent year 2015 into the Forest Ecosystem Health adopted for consideration of appropria- that the remainder of the bill through and Recovery Fund. tion bills, it leads us to these types of page 9, line 20 be considered as read. RANGE IMPROVEMENTS incidents that should not happen, that The Acting CHAIR. Is there objection For rehabilitation, protection, and acquisi- are unnecessary, that we try to get to the request of the gentleman from tion of lands and interests therein, and im- around our own rules and our own tra- Washington? provement of Federal rangelands pursuant to ditions of having manager’s amend- There was no objection. section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), not- ments approved by both sides that are The text of that portion of the bill is as follows: withstanding any other Act, sums equal to 50 generally noncontroversial. percent of all moneys received during the So, again, while I don’t oppose the in- In addition, $45,500,000 is for the processing prior fiscal year under sections 3 and 15 of dividual provisions of this, how this of applications for permit to drill and related the Taylor Grazing Act (43 U.S.C. 315 et seq.) amendment got here and what it con- use authorizations, to remain available until and the amount designated for range im- expended, to be reduced by amounts col- provements from grazing fees and mineral tains is not fair to the rest of the Mem- lected by the Bureau and credited to this ap- bers who put in thoughtful efforts to go leasing receipts from Bankhead-Jones lands propriation that shall be derived from $6,500 transferred to the Department of the Inte- to the Rules Committee and propose per new application for permit to drill that rior pursuant to law, but not less than amendments. the Bureau shall collect upon submission of $10,000,000, to remain available until ex- I reserve the balance of my time. each new application, and in addition, pended: Provided, That not to exceed $600,000 Mr. DICKS. I yield myself the bal- $36,696,000 is for Mining Law Administration shall be available for administrative ex- ance of my time. program operations, including the cost of ad- penses. ministering the mining claim fee program; I would just say to the gentleman SERVICE CHARGES, DEPOSITS, AND FORFEITURES to remain available until expended, to be re- from Idaho, we should have had more For administrative expenses and other duced by amounts collected by the Bureau costs related to processing application docu- dialogue on this manager’s amend- and credited to this appropriation from an- ments and other authorizations for use and ment. And we are just getting a new nual mining claim fees so as to result in a disposal of public lands and resources, for team in place, and I am not blaming it final appropriation estimated at not more costs of providing copies of official public on anybody, so I take responsibility than $950,496,000, and $2,000,000, to remain land documents, for monitoring construc- available until expended, from communica- myself. But in the future, on any man- tion, operation, and termination of facilities tion site rental fees established by the Bu- ager’s amendment, you and I will have in conjunction with use authorizations, and reau for the cost of administering commu- a thorough discussion about it. And if for rehabilitation of damaged property, such nication site activities. the gentleman has some suggestions amounts as may be collected under Public for the manager’s amendment, they CONSTRUCTION Law 94–579, as amended, and Public Law 93– will be considered. So I take the gen- For construction of buildings, recreation 153, to remain available until expended: Pro- tleman’s point as well made, and this is facilities, roads, trails, and appurtenant fa- vided, That, notwithstanding any provision to the contrary of section 305(a) of Public something we will follow through on. cilities, $6,590,000, to remain available until expended. Law 94–579 (43 U.S.C. 1735(a)), any moneys Again, this is, I think, very non- LAND ACQUISITION that have been or will be received pursuant controversial, so I urge adoption of the to that section, whether as a result of for- amendment. For expenses necessary to carry out sec- feiture, compromise, or settlement, if not I reserve the balance of my time. tions 205, 206, and 318(d) of Public Law 94–579, appropriate for refund pursuant to section Mr. SIMPSON. Yielding myself the including administrative expenses and acqui- 305(c) of that Act (43 U.S.C. 1735(c)), shall be sition of lands or waters, or interests there- available and may be expended under the au- remainder of my time, and I take the in, $26,529,000, to be derived from the Land gentleman from Washington at his thority of this Act by the Secretary to im- and Water Conservation Fund and to remain prove, protect, or rehabilitate any public word, I know that he is a gentleman of available until expended. lands administered through the Bureau of honor and he wants to work these out OREGON AND CALIFORNIA GRANT LANDS Land Management which have been damaged in a bipartisan fashion. In fact, I am For expenses necessary for management, by the action of a resource developer, pur- not sure that the gentleman agrees protection, and development of resources and chaser, permittee, or any unauthorized per- fully with what has been going on with for construction, operation, and mainte- son, without regard to whether all moneys some of the rules and would like to get nance of access roads, reforestation, and collected from each such action are used on back, like many of us would, to regular other improvements on the revested Oregon the exact lands damaged which led to the ac- order, and we would like to do that. and California Railroad grant lands, on other tion: Provided further, That any such moneys Federal lands in the Oregon and California that are in excess of amounts needed to re- But if we had time to confer, and I pair damage to the exact land for which understand what the gentleman is say- land-grant counties of Oregon, and on adja- cent rights-of-way; and acquisition of lands funds were collected may be used to repair ing, a very noncontroversial amend- or interests therein, including existing con- other damaged public lands. ment that could have been adopted was necting roads on or adjacent to such grant MISCELLANEOUS TRUST FUNDS Mr. BUYER’s amendment that we lands; $111,557,000, to remain available until In addition to amounts authorized to be talked about on the veterans’ ceme- expended: Provided, That 25 percent of the expended under existing laws, there is hereby

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00159 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.202 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7412 CONGRESSIONAL RECORD — HOUSE June 25, 2009 appropriated such amounts as may be con- CONSTRUCTION cluded in the fiscal year 2010 budget re- tributed under section 307 of the Act of Octo- For construction, improvement, acquisi- quest. I applaud the President’s request ber 21, 1976 (43 U.S.C. 1701), and such amounts tion, or removal of buildings and other fa- for recognizing the importance of the as may be advanced for administrative costs, cilities required in the conservation, man- region as well. surveys, appraisals, and costs of making con- agement, investigation, protection, and uti- veyances of omitted lands under section However, while the Highlands Con- lization of fishery and wildlife resources, and servation Act has been authorized from 211(b) of that Act, to remain available until the acquisition of lands and interests there- expended. in; $21,139,000, to remain available until ex- the beginning at $10 million year, the ADMINISTRATIVE PROVISIONS pended. region has so far received only $5.23 million in total over all those years. So Appropriations for the Bureau of Land LAND ACQUISITION Management (BLM) shall be available for For expenses necessary to carry out the I believe that my amendment, which purchase, erection, and dismantlement of Land and Water Conservation Fund Act of provides simply an additional $2 mil- temporary structures, and alteration and 1965, as amended (16 U.S.C. 460l–4 through 11), lion for land acquisition, would go a maintenance of necessary buildings and ap- including administrative expenses, and for long way towards providing grants for purtenant facilities to which the United acquisition of land or waters, or interest willing sellers. It would help to pre- States has title; up to $100,000 for payments, therein, in accordance with statutory au- serve the remaining open space in the at the discretion of the Secretary, for infor- thority applicable to the United States Fish Northeast region and help protect cher- mation or evidence concerning violations of and Wildlife Service, $67,250,000, to be derived ished natural resources that are ex- laws administered by the Bureau; miscella- from the Land and Water Conservation Fund neous and emergency expenses of enforce- and to remain available until expended, of traordinary environmental and rec- ment activities authorized or approved by which, notwithstanding 16 U.S.C. 460l–9, not reational uses. the Secretary and to be accounted for solely more than $2,000,000 shall be for land con- You see, this region is in the middle on the Secretary’s certificate, not to exceed servation partnerships authorized by the of one of the most congested areas of $10,000: Provided, That notwithstanding 44 Highlands Conservation Act of 2004: Provided, the country. Over one-twelfth of the U.S.C. 501, the Bureau may, under coopera- That none of the funds appropriated for spe- U.S. population lives within just 1 hour tive cost-sharing and partnership arrange- cific land acquisition projects may be used of this area. Fourteen million people ments authorized by law, procure printing to pay for any administrative overhead, visit this area every year. Eleven mil- services from cooperators in connection with planning or other management costs. lion people rely on it for clean drinking jointly produced publications for which the PART B AMENDMENT NO. 2 OFFERED BY MR. water. And 150 species of special con- cooperators share the cost of printing either GARRETT OF NEW JERSEY in cash or in services, and the Bureau deter- cern are in this area. As a matter of Mr. GARRETT of New Jersey. fact, the Forest Service stated recently mines the cooperator is capable of meeting Madam Chair, I have an amendment at accepted quality standards: Provided further, that it is a ‘‘landscape of national sig- That projects to be funded pursuant to a the desk. nificance.’’ written commitment by a State government The Acting CHAIR. The Clerk will So with that said, I also realize that to provide an identified amount of money in designate the amendment. there is an ever-increasing demand for support of the project may be carried out by The text of the amendment is as fol- all regions of the country, and that is the Bureau on a reimbursable basis. lows: why we have to make sure that the UNITED STATES FISH AND WILDLIFE SERVICE Part B amendment No. 2 offered by Mr. areas with the highest conservation GARRETT of New Jersey: RESOURCE MANAGEMENT Page 10, line 10, after the dollar amount, values and greatest risk are being pro- For necessary expenses of the United insert ‘‘(increased by $2,000,000)’’. tected from being developed. States Fish and Wildlife Service, as author- Page 10, line 13, after the dollar amount, Preservation of the Highlands is nei- ized by law, and for scientific and economic insert ‘‘(increased by $2,000,000)’’. ther a Republican or Democratic issue. studies, general administration, and for the Page 57, line 14, after the dollar amount, It is a national issue. And that is why performance of other authorized functions insert ‘‘(reduced by $2,000,000)’’. I’m proud to say that we joined with 22 related to such resources by direct expendi- The Acting CHAIR. Pursuant to ture, contracts, grants, cooperative agree- of my colleagues from both sides of the ments and reimbursable agreements with House Resolution 578, the gentleman aisle in a letter to the Appropriations public and private entities, $1,248,756,000, to from New Jersey (Mr. GARRETT) and a Committee back in April when we re- remain available until September 30, 2011 ex- Member opposed each will control 5 quested the full $10 million for this cept as otherwise provided herein: Provided, minutes. area. That $2,500,000 is for high priority projects, The Chair recognizes the gentleman I will just add this one caveat note. I which shall be carried out by the Youth Con- from New Jersey. do say this: That while working to pro- servation Corps: Provided further, That not to Mr. GARRETT of New Jersey. More tect open space, we must also ensure exceed $20,603,000 shall be used for imple- than 19 years ago, when I first ran for that we have an adequate opportunity menting subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act, as public office in the very densely popu- for further economic development, es- amended (except for processing petitions, de- lated State of New Jersey, I believed pecially now in the recession. It is im- veloping and issuing proposed and final regu- that we were not doing enough to pre- portant that we find a balance between lations, and taking any other steps to imple- serve our precious farmlands and our protecting our cherished natural re- ment actions described in subsection vital open space. Upon being sworn in sources and promoting a strong econ- (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which as a Member of the House of Represent- omy. not to exceed $10,632,000 shall be used for any atives 6 years ago, I continued to advo- So in closing, I would like to thank activity regarding the designation of critical cate preserving open space, expanding the chairman and the ranking member habitat, pursuant to subsection (a)(3), ex- for understanding the significance of cluding litigation support, for species listed our recreational lands, and protecting pursuant to subsection (a)(1) prior to October our natural resources. One of the high- the Highlands region. I also would like 1, 2009: Provided further, That of the amount lights of my time here in Congress was to thank the numerous conservation available for law enforcement, up to $400,000, the unanimous bipartisan support for groups that have supported this, in- to remain available until expended, may at the Highlands Conservation Act which cluding the Appalachian Mountain the discretion of the Secretary be used for became law back in 2004. Club, the Highlands Coalition, the Wil- payment for information, rewards, or evi- I especially want to commend my derness Society, the Land and Water dence concerning violations of laws adminis- colleague from Morris County, New Conservation Fund Coalition, the Trust tered by the Service, and miscellaneous and Jersey, ROD FRELINGHUYSEN, for intro- for Public Lands, the Friends of the emergency expenses of enforcement activity, authorized or approved by the Secretary and ducing that legislation back then and Wallkill River National Wildlife Ref- to be accounted for solely on the Secretary’s working diligently over the years to uge, and the Sierra Club of Northwest certificate: Provided further, That of the accomplish its passage. New Jersey. amount provided for environmental contami- Our commitment to preserving open Finally, throughout my entire life, I nants, up to $1,000,000 may remain available space runs deep for us. However, more have had the opportunity to take ad- until expended for contaminant sample anal- of our prized open space is being used vantage of all the natural resources the yses. up in our State and across the country Highlands has to offer. I simply want The Acting CHAIR. The Clerk will every single day. So I’m pleased that to come here to Congress to ensure read. this year, for the very first time, the that other families as well will have The Clerk read as follows: Highlands Conservation Act was in- that same opportunity in the future.

VerDate Nov 24 2008 06:30 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00160 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.133 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7413 The critical lands of the Highlands the Snake River Water Rights Act of 2004; such amount: Provided further, That the Fed- must be protected. And it is our job to and of which $65,693,000 is to be derived from eral share of planning grants shall not ex- do that today. the Land and Water Conservation Fund. ceed 75 percent of the total costs of such I reserve my time. NATIONAL WILDLIFE REFUGE FUND projects and the Federal share of implemen- tation grants shall not exceed 75 percent of For expenses necessary to implement the Mr. DICKS. Madam Chairwoman, the total costs of such projects: Provided fur- Act of October 17, 1978 (16 U.S.C. 715s), though I plan to support the amend- ther, That the non-Federal share of such $14,100,000. ment, I ask unanimous consent to projects may not be derived from Federal claim the time in opposition. NORTH AMERICAN WETLANDS CONSERVATION grant programs: Provided further, That no The Acting CHAIR. Without objec- FUND State, territory, or other jurisdiction shall tion, the gentleman from Washington For expenses necessary to carry out the receive a grant if its comprehensive wildlife is recognized for 5 minutes. provisions of the North American Wetlands conservation plan is disapproved and such There was no objection. Conservation Act, as amended (16 U.S.C. funds that would have been distributed to Mr. DICKS. I have to say that I have 4401–4414), $52,647,000, to remain available such State, territory, or other jurisdiction until expended. shall be distributed equitably to States, ter- really appreciated the gentleman’s NEOTROPICAL MIGRATORY BIRD CONSERVATION ritories, and other jurisdictions with ap- leadership and the fact that he has proved plans: Provided further, That any come before our committee and taken For expenses necessary to carry out the Neotropical Migratory Bird Conservation amount apportioned in 2010 to any State, the time to present witnesses. Also, I Act, as amended, (16 U.S.C. 6101 et seq.), territory, or other jurisdiction that remains think this is a very good amendment. $5,250,000, to remain available until ex- unobligated as of September 30, 2011, shall be This is a good amendment that in- pended. reapportioned, together with funds appro- creases funding for a program that priated in 2012, in the manner provided here- MULTINATIONAL SPECIES CONSERVATION FUND in. funds conservation easements that pro- For expenses necessary to carry out the ADMINISTRATIVE PROVISIONS tect critical forest and watersheds in African Elephant Conservation Act (16 U.S.C. Appropriations and funds available to the the Northeast. This amendment in- 4201–4203, 4211–4214, 4221–4225, 4241–4246, and United States Fish and Wildlife Service shall creases the funding for this program by 1538), the Asian Elephant Conservation Act be available for repair of damage to public of 1997 (16 U.S.C. 4261–4266), the Rhinoceros $2 million, bringing the total to $4 mil- roads within and adjacent to reservation and Tiger Conservation Act of 1994 (16 U.S.C. lion. areas caused by operations of the Service; 5301–5306), the Great Ape Conservation Act of The Highlands conservation program options for the purchase of land at not to ex- 2000 (16 U.S.C. 6301–6305), and the Marine Tur- is an example of how a cooperative ap- ceed $1 for each option; facilities incident to tle Conservation Act of 2004 (16 U.S.C. 6601– such public recreational uses on conserva- proach to land protection can provide 6606), $11,500,000, to remain available until tion areas as are consistent with their pri- wood resources, wildlife habitat, water- expended. mary purpose; and the maintenance and im- shed protection, recreational opportu- STATE AND TRIBAL WILDLIFE GRANTS nities and other benefits to the envi- provement of aquaria, buildings, and other For wildlife conservation grants to States facilities under the jurisdiction of the Serv- ronment and to the community. The and to the District of Columbia, Puerto Rico, ice and to which the United States has title, goal of this program is to promote for- Guam, the United States Virgin Islands, the and which are used pursuant to law in con- est stewardship as a working, sustain- Northern Mariana Islands, American Samoa, nection with management, and investigation able landscape, both ecologically and and federally recognized Indian tribes under of fish and wildlife resources: Provided, That economically for future generations. the provisions of the Fish and Wildlife Act of notwithstanding 44 U.S.C. 501, the Service I urge adoption of the amendment. 1956 and the Fish and Wildlife Coordination may, under cooperative cost sharing and I would be glad to yield to the gen- Act, for the development and implementa- partnership arrangements authorized by law, tleman from Idaho if he would like to tion of programs for the benefit of wildlife procure printing services from cooperators and their habitat, including species that are say a word. in connection with jointly produced publica- not hunted or fished, $115,000,000, to remain tions for which the cooperators share at Mr. SIMPSON. I thank the gen- available until expended: Provided, That of least one-half the cost of printing either in tleman for yielding. the amount provided herein, $7,000,000 is for cash or services and the Service determines This is an important program. I a competitive grant program for federally the cooperator is capable of meeting accept- thank the gentleman for bringing this recognized Indian tribes not subject to the ed quality standards: Provided further, That, amendment. We support it. I hope that remaining provisions of this appropriation: notwithstanding any other provision of law, it passes and that we can preserve the Provided further, That $5,000,000 is for a com- the Service may use up to $2,000,000 from Highlands region. petitive grant program for States, terri- funds provided for contracts for employ- Mr. DICKS. I ask for a ‘‘yes’’ vote on tories, and other jurisdictions with approved ment-related legal services: Provided further, plans, not subject to the remaining provi- this amendment, and I yield back the That the Service may accept donated air- sions of this appropriation: Provided further, craft as replacements for existing aircraft. balance of my time. That up to $20,000,000 is for incorporating NATIONAL PARK SERVICE Mr. GARRETT of New Jersey. I yield wildlife adaptation strategies and actions to OPERATION OF THE NATIONAL PARK SYSTEM back my time. address the impacts of climate change into The Acting CHAIR. The question is State Wildlife Action plans and imple- For expenses necessary for the manage- on the amendment offered by the gen- menting these adaptation actions: Provided ment, operation, and maintenance of areas and facilities administered by the National tleman from New Jersey (Mr. GAR- further, That the Secretary shall, after de- ducting $32,000,000 and administrative ex- Park Service (including expenses to carry RETT). out programs of the United States Park Po- The amendment was agreed to. penses, apportion the amount provided here- in in the following manner: (1) to the Dis- lice), and for the general administration of Mr. DICKS. Madam Chairman, I ask trict of Columbia and to the Commonwealth the National Park Service, $2,260,684,000, of unanimous consent that the remainder of Puerto Rico, each a sum equal to not more which $9,982,000 for planning and interagency of the bill through page 68, line 12 be than one-half of 1 percent thereof; and (2) to coordination in support of Everglades res- considered as read. Guam, American Samoa, the United States toration and $98,622,000 for maintenance, re- The Acting CHAIR. Is there objection Virgin Islands, and the Commonwealth of pair or rehabilitation projects for con- to the request of the gentleman from the Northern Mariana Islands, each a sum structed assets, operation of the National Park Service automated facility manage- Washington? equal to not more than one-fourth of 1 per- cent thereof: Provided further, That the Sec- ment software system, and comprehensive There was no objection. facility condition assessments shall remain The text of that portion of the bill is retary shall apportion the remaining amount in the following manner: (1) one-third of available until September 30, 2011. as follows: which is based on the ratio to which the land PARK PARTNERSHIP PROJECT GRANTS COOPERATIVE ENDANGERED SPECIES area of such State bears to the total land For expenses necessary to carry out provi- CONSERVATION FUND area of all such States; and (2) two-thirds of sions of section 814(g) of Public Law 104-333 For expenses necessary to carry out sec- which is based on the ratio to which the pop- relating to challenge cost-share agreements, tion 6 of the Endangered Species Act of 1973 ulation of such State bears to the total popu- $25,000,000, to remain available until ex- (16 U.S.C. 1531 et seq.), as amended, lation of all such States: Provided further, pended for Park Partnership signature $100,000,000, to remain available until ex- That the amounts apportioned under this projects and programs: Provided, That not pended, of which $34,307,000 is to be derived paragraph shall be adjusted equitably so that less than 50 percent of the total cost of each from the Cooperative Endangered Species no State shall be apportioned a sum which is project or program is derived from non-Fed- Conservation Fund, of which $5,145,706 shall less than 1 percent of the amount available eral sources in the form of donated cash, as- be for the Idaho Salmon and Clearwater for apportionment under this paragraph for sets, or a pledge of donation guaranteed by River Basins Habitat Account pursuant to any fiscal year or more than 5 percent of an irrevocable letter of credit.

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NATIONAL RECREATION AND PRESERVATION may retain up to 3 percent of the amounts sidered employees for the purpose of chap- For expenses necessary to carry out recre- which are authorized to be disbursed under ters 57 and 81 of title 5, United States Code, ation programs, natural programs, cultural such section, such retained amounts to re- relating to compensation for travel and work programs, heritage partnership programs, main available until expended. injuries, and chapter 171 of title 28, United environmental compliance and review, inter- National Park Service funds may be trans- States Code, relating to tort claims, but national park affairs, statutory or contrac- ferred to the Federal Highway Administra- shall not be considered to be Federal em- tual aid for other activities, and grant ad- tion (FHWA), Department of Transportation, ployees for any other purposes. ministration, not otherwise provided for, for purposes authorized under 23 U.S.C. 204. MINERALS MANAGEMENT SERVICE Transfers may include a reasonable amount $59,386,000. ROYALTY AND OFFSHORE MINERALS for FHWA administrative support costs. HISTORIC PRESERVATION FUND MANAGEMENT For expenses necessary in carrying out the UNITED STATES GEOLOGICAL SURVEY For expenses necessary for minerals leas- Historic Preservation Act of 1966, as amend- SURVEYS, INVESTIGATIONS, AND RESEARCH ing and environmental studies, regulation of ed (16 U.S.C. 470), and the Omnibus Parks and For expenses necessary for the United industry operations, and collection of royal- Public Lands Management Act of 1996 (Pub- States Geological Survey to perform sur- ties, as authorized by law; for enforcing laws lic Law 104–333), $90,675,000, to be derived veys, investigations, and research covering and regulations applicable to oil, gas, and from the Historic Preservation Fund and to topography, geology, hydrology, biology, and other minerals leases, permits, licenses and remain available until September 30, 2011; of the mineral and water resources of the operating contracts; for energy-related or which $30,000,000 shall be for Save America’s United States, its territories and posses- other authorized marine-related purposes on Treasures for preservation of nationally sig- sions, and other areas as authorized by 43 the Outer Continental Shelf; and for match- nificant sites, structures, and artifacts; and U.S.C. 31, 1332, and 1340; classify lands as to ing grants or cooperative agreements, of which $6,175,000 shall be for Preserve their mineral and water resources; give engi- $174,317,000, to remain available until Sep- America grants to States, federally recog- neering supervision to power permittees and tember 30, 2011, of which $89,374,000 shall be nized Indian Tribes, and local communities Federal Energy Regulatory Commission li- available for royalty management activities; for projects that preserve important historic censees; administer the minerals exploration and an amount not to exceed $156,730,000, to resources through the promotion of heritage program (30 U.S.C. 641); conduct inquiries be credited to this appropriation and to re- tourism: Provided, That of the funds provided into the economic conditions affecting min- main available until expended, from addi- for Save America’s Treasures, $5,310,000 shall ing and materials processing industries (30 tions to receipts resulting from increases to be allocated in the amounts specified for U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and rates in effect on August 5, 1993, and from those projects and purposes in accordance related purposes as authorized by law; and to cost recovery fees: Provided, That notwith- with the terms and conditions specified in publish and disseminate data relative to the standing 31 U.S.C. 3302, in fiscal year 2010, the explanatory statement accompanying foregoing activities; $1,105,744,000, to remain such amounts as are assessed under 31 U.S.C. this Act. available until September 30, 2011, of which 9701 shall be collected and credited to this CONSTRUCTION $65,561,000 shall be available only for co- account and shall be available until ex- For construction, improvements, repair or operation with States or municipalities for pended for necessary expenses: Provided fur- replacement of physical facilities, including water resources investigations; of which ther, That to the extent $156,730,000 in addi- modifications authorized by section 104 of $40,150,000 shall remain available until ex- tion to receipts are not realized from the the Everglades National Park Protection and pended for satellite operations; and of which sources of receipts stated above, the amount Expansion Act of 1989, $214,691,000, to remain $7,321,000 shall be available until expended needed to reach $156,730,000 shall be credited available until expended: Provided, That the for deferred maintenance and capital im- to this appropriation from receipts resulting National Park Service shall complete a spe- provement projects that exceed $100,000 in from rental rates for Outer Continental Shelf cial resource study along the route of the cost and of which $2,000,000 shall be available leases in effect before August 5, 1993: Pro- Mississippi River in the counties contiguous for the United States Geological Survey to vided further, That not to exceed $3,000 shall to the river from its headwaters in the State fund the operating expenses for the Civil Ap- be available for reasonable expenses related of Minnesota to the Gulf of Mexico. plications Committee: Provided, That none of to promoting volunteer beach and marine the funds provided for the biological research cleanup activities: Provided further, That LAND AND WATER CONSERVATION FUND activity shall be used to conduct new sur- notwithstanding any other provision of law, (RESCISSION) veys on private property, unless specifically $15,000 under this heading shall be available The contract authority provided for fiscal authorized in writing by the property owner: for refunds of overpayments in connection year 2010 by 16 U.S.C. 460l–10a is rescinded. Provided further, That no part of this appro- with certain Indian leases in which the Di- LAND ACQUISITION AND STATE ASSISTANCE priation shall be used to pay more than one- rector of MMS concurred with the claimed For expenses necessary to carry out the half the cost of topographic mapping or refund due, to pay amounts owed to Indian Land and Water Conservation Act of 1965, as water resources data collection and inves- allottees or tribes, or to correct prior unre- amended (16 U.S.C. 460l–4 through 11), includ- tigations carried on in cooperation with coverable erroneous payments: Provided fur- ing administrative expenses, and for acquisi- States and municipalities. ther, That for the costs of administration of the Coastal Impact Assistance Program au- tion of lands or waters, or interest therein, ADMINISTRATIVE PROVISIONS thorized by section 31 of the Outer Conti- in accordance with the statutory authority From within the amount appropriated for applicable to the National Park Service, nental Shelf Lands Act, as amended (43 activities of the United States Geological U.S.C. 1456a), in fiscal year 2010, MMS may $103,222,000, to be derived from the Land and Survey such sums as are necessary shall be Water Conservation Fund and to remain retain up to 4 percent of the amounts which available for reimbursement to the General are disbursed under section 31(b)(1), such re- available until expended, of which $30,000,000 Services Administration for security guard is for the State assistance program. tained amounts to remain available until ex- services; contracting for the furnishing of pended. ADMINISTRATIVE PROVISIONS topographic maps and for the making of geo- For an additional amount, $10,000,000, to In addition to other uses set forth in sec- physical or other specialized surveys when it remain available until expended, which shall tion 407(d) of Public Law 105–391, franchise is administratively determined that such be derived from non-refundable inspection fees credited to a sub-account shall be avail- procedures are in the public interest; con- fees collected in fiscal year 2010, as provided able for expenditure by the Secretary, with- struction and maintenance of necessary in this Act: Provided, That to the extent that out further appropriation, for use at any unit buildings and appurtenant facilities; acquisi- such amounts are not realized from such within the National Park System to extin- tion of lands for gauging stations and obser- fees, the amount needed to reach $10,000,000 guish or reduce liability for Possessory In- vation wells; expenses of the United States shall be credited to this appropriation from terest or leasehold surrender interest. Such National Committee on Geology; and pay- receipts resulting from rental rates for Outer funds may only be used for this purpose to ment of compensation and expenses of per- Continental Shelf leases in effect before Au- the extent that the benefiting unit antici- sons on the rolls of the Survey duly ap- gust 5, 1993. pated franchise fee receipts over the term of pointed to represent the United States in the OIL SPILL RESEARCH the contract at that unit exceed the amount negotiation and administration of interstate of funds used to extinguish or reduce liabil- compacts: Provided, That activities funded For necessary expenses to carry out title I, ity. Franchise fees at the benefiting unit by appropriations herein made may be ac- section 1016, title IV, sections 4202 and 4303, shall be credited to the sub-account of the complished through the use of contracts, title VII, and title VIII, section 8201 of the originating unit over a period not to exceed grants, or cooperative agreements as defined Oil Pollution Act of 1990, $6,303,000, which the term of a single contract at the bene- in 31 U.S.C. 6302 et seq.: Provided further, shall be derived from the Oil Spill Liability fiting unit, in the amount of funds so ex- That the United States Geological Survey Trust Fund, to remain available until ex- pended to extinguish or reduce liability. may enter into contracts or cooperative pended. For the costs of administration of the agreements directly with individuals or indi- ADMINISTRATIVE PROVISION Land and Water Conservation Fund grants rectly with institutions or nonprofit organi- Notwithstanding the provisions of section authorized by section 105(a)(2)(B) of the Gulf zations, without regard to 41 U.S.C. 5, for the 35(b) of the Mineral Leasing Act, as amended of Mexico Energy Security Act of 2006 (Pub- temporary or intermittent services of stu- (30 U.S.C. 191(b)), the Secretary shall deduct lic Law 109–432), the National Park Service dents or recent graduates, who shall be con- 2 percent from the amount payable to each

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00162 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.142 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7415 State in fiscal year 2010 and deposit the until September 30, 2011; and of which not to Secretary shall follow the requirements con- amount deducted to miscellaneous receipts exceed $59,895,000 shall remain available tained in 25 U.S.C. 2504(f): Provided further, of the Treasury. until expended for housing improvement, That any disputes between the Secretary and OFFICE OF SURFACE MINING RECLAMATION AND road maintenance, attorney fees, litigation any grantee concerning a grant shall be sub- ENFORCEMENT support, the Indian Self-Determination ject to the disputes provision in 25 U.S.C. Fund, land records improvement, and the 2507(e): Provided further, That in order to en- REGULATION AND TECHNOLOGY Navajo-Hopi Settlement Program: Provided sure timely completion of construction For necessary expenses to carry out the further, That notwithstanding any other pro- projects, the Secretary may assume control provisions of the Surface Mining Control and vision of law, including but not limited to of a project and all funds related to the Reclamation Act of 1977, Public Law 95–87, as the Indian Self-Determination Act of 1975, as project, if, within eighteen months of the amended, $127,180,000, to remain available amended, and 25 U.S.C. 2008, not to exceed date of enactment of this Act, any grantee until September 30, 2011: Provided, That ap- $43,373,000 within and only from such receiving funds appropriated in this Act or in propriations for the Office of Surface Mining amounts made available for school oper- any prior Act, has not completed the plan- Reclamation and Enforcement may provide ations shall be available for administrative ning and design phase of the project and for the travel and per diem expenses of State cost grants associated with ongoing grants commenced construction: Provided further, and tribal personnel attending Office of Sur- entered into with the Bureau prior to or dur- That this appropriation may be reimbursed face Mining Reclamation and Enforcement ing fiscal year 2009 for the operation of Bu- from the Office of the Special Trustee for sponsored training. reau-funded schools, and up to $500,000 within American Indians appropriation for the ap- ABANDONED MINE RECLAMATION FUND and only from such amounts made available propriate share of construction costs for For necessary expenses to carry out title for administrative cost grants shall be avail- space expansion needed in agency offices to IV of the Surface Mining Control and Rec- able for the transitional costs of initial ad- meet trust reform implementation. lamation Act of 1977, Public Law 95–87, as ministrative cost grants to grantees that as- INDIAN LAND AND WATER CLAIM SETTLEMENTS amended, $32,088,000, to be derived from re- sume operation on or after July 1, 2009, of AND MISCELLANEOUS PAYMENTS TO INDIANS ceipts of the Abandoned Mine Reclamation Bureau-funded schools: Provided further, That For payments and necessary administra- Fund and to remain available until ex- any forestry funds allocated to a federally tive expenses for implementation of Indian pended: Provided, That pursuant to Public recognized tribe which remain unobligated land and water claim settlements pursuant Law 97–365, the Department of the Interior is as of September 30, 2011, may be transferred to Public Laws 99–264, 100–580, 101–618, 108– authorized to use up to 20 percent from the during fiscal year 2012 to an Indian forest 447, 109–379, 109–479, 110–297, and 111–11, and recovery of the delinquent debt owed to the land assistance account established for the for implementation of other land and water United States Government to pay for con- benefit of the holder of the funds within the rights settlements, $47,380,000, to remain tracts to collect these debts: Provided further, holder’s trust fund account: Provided further, available until expended. That amounts provided under this heading That any such unobligated balances not so INDIAN GUARANTEED LOAN PROGRAM ACCOUNT transferred shall expire on September 30, may be used for the travel and per diem ex- For the cost of guaranteed loans and in- 2012: Provided further, That in order to en- penses of State and tribal personnel attend- sured loans, $8,215,000, of which $1,629,000 is ing Office of Surface Mining Reclamation hance the safety of Bureau field employees, for administrative expenses, as authorized by and Enforcement sponsored training. the Bureau may use funds to purchase uni- the Indian Financing Act of 1974, as amend- forms or other identifying articles of cloth- ADMINISTRATIVE PROVISION ed: Provided, That such costs, including the ing for personnel. With funds available for the Technical In- cost of modifying such loans, shall be as de- CONSTRUCTION novation and Professional Services program fined in section 502 of the Congressional in this Act, the Secretary may transfer title (INCLUDING TRANSFER OF FUNDS) Budget Act of 1974: Provided further, That for computer hardware, software and other For construction, repair, improvement, these funds are available to subsidize total technical equipment to State and tribal reg- and maintenance of irrigation and power sys- loan principal, any part of which is to be ulatory and reclamation programs. tems, buildings, utilities, and other facili- guaranteed or insured, not to exceed $93,807,956. BUREAU OF INDIAN AFFAIRS ties, including architectural and engineering services by contract; acquisition of lands, INDIAN LAND CONSOLIDATION OPERATION OF INDIAN PROGRAMS and interests in lands; and preparation of For consolidation of fractional interests in (INCLUDING TRANSFER OF FUNDS) lands for farming, and for construction of Indian lands and expenses associated with re- For expenses necessary for the operation of the Navajo Indian Irrigation Project pursu- determining and redistributing escheated in- Indian programs, as authorized by law, in- ant to Public Law 87–483, $200,000,000, to re- terests in allotted lands, and for necessary cluding the Snyder Act of November 2, 1921 main available until expended: Provided, expenses to carry out the Indian Land Con- (25 U.S.C. 13), the Indian Self-Determination That such amounts as may be available for solidation Act (25 U.S.C. 2201 et seq.), as and Education Assistance Act of 1975 (25 the construction of the Navajo Indian Irriga- amended, by direct expenditure or coopera- U.S.C. 450 et seq.), as amended, the Edu- tion Project may be transferred to the Bu- tive agreement, $3,000,000, to remain avail- cation Amendments of 1978 (25 U.S.C. 2001– reau of Reclamation: Provided further, That able until expended. 2019), and the Tribally Controlled Schools not to exceed 6 percent of contract authority ADMINISTRATIVE PROVISIONS Act of 1988 (25 U.S.C. 2501 et seq.), as amend- available to the Bureau of Indian Affairs The Bureau of Indian Affairs may carry ed, $2,300,099,000, to remain available until from the Federal Highway Trust Fund may out the operation of Indian programs by di- September 30, 2011 except as otherwise pro- be used to cover the road program manage- rect expenditure, contracts, cooperative vided herein; of which not to exceed $8,500 ment costs of the Bureau: Provided further, agreements, compacts and grants, either di- may be for official reception and representa- That any funds provided for the Safety of rectly or in cooperation with States and tion expenses; of which not to exceed Dams program pursuant to 25 U.S.C. 13 shall other organizations. $74,915,000 shall be for welfare assistance pay- be made available on a nonreimbursable Notwithstanding 25 U.S.C. 15, the Bureau ments: Provided, That in cases of designated basis: Provided further, That for fiscal year of Indian Affairs may contract for services in Federal disasters, the Secretary may exceed 2010, in implementing new construction or support of the management, operation, and such cap, from the amounts provided herein, facilities improvement and repair project maintenance of the Power Division of the to provide for disaster relief to Indian com- grants in excess of $100,000 that are provided San Carlos Irrigation Project. munities affected by the disaster; and of to grant schools under Public Law 100–297, as Appropriations for the Bureau of Indian which, notwithstanding any other provision amended, the Secretary of the Interior shall Affairs (except the Revolving Fund for Loans of law, including but not limited to the In- use the Administrative and Audit Require- Liquidating Account, Indian Loan Guaranty dian Self-Determination Act of 1975, as ments and Cost Principles for Assistance and Insurance Fund Liquidating Account, In- amended, not to exceed $159,084,000 shall be Programs contained in 43 CFR part 12 as the dian Guaranteed Loan Financing Account, available for payments for contract support regulatory requirements: Provided further, Indian Direct Loan Financing Account, and costs associated with ongoing contracts, That such grants shall not be subject to sec- the Indian Guaranteed Loan Program Ac- grants, compacts, or annual funding agree- tion 12.61 of 43 CFR; the Secretary and the count) shall be available for expenses of ex- ments entered into with the Bureau prior to grantee shall negotiate and determine a hibits. or during fiscal year 2010, as authorized by schedule of payments for the work to be per- Notwithstanding any other provision of such Act, except that federally recognized formed: Provided further, That in considering law, no funds available to the Bureau of In- tribes, and tribal organizations of federally grant applications, the Secretary shall con- dian Affairs for central office oversight and recognized tribes, may use their tribal pri- sider whether such grantee would be defi- Executive Direction and Administrative ority allocations for unmet contract support cient in assuring that the construction Services (except executive direction and ad- costs of ongoing contracts, grants, or com- projects conform to applicable building ministrative services funding for Tribal Pri- pacts, or annual funding agreements and for standards and codes and Federal, tribal, or ority Allocations, regional offices, and facili- unmet welfare assistance costs; of which not State health and safety standards as re- ties operations and maintenance) shall be to exceed $568,702,000 for school operations quired by 25 U.S.C. 2005(b), with respect to available for contracts, grants, compacts, or costs of Bureau-funded schools and other organizational and financial management cooperative agreements with the Bureau of education programs shall become available capabilities: Provided further, That if the Indian Affairs under the provisions of the In- on July 1, 2010, and shall remain available Secretary declines a grant application, the dian Self-Determination Act or the Tribal

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Self-Governance Act of 1994 (Public Law 103– INSULAR AFFAIRS administration, for the purposes authorized 413). ASSISTANCE TO TERRITORIES by the Rural Electrification Act of 1936 and In the event any federally recognized tribe For expenses necessary for assistance to section 306(a)(1) of the Consolidated Farm returns appropriations made available by territories under the jurisdiction of the De- and Rural Development Act for construction this Act to the Bureau of Indian Affairs, this partment of the Interior, $83,995,000, of and repair projects in Guam, and such funds action shall not diminish the Federal Gov- which: (1) $74,715,000 shall remain available shall remain available until expended: Pro- ernment’s trust responsibility to that tribe, until expended for technical assistance, in- vided, That such costs, including the cost of or the government-to-government relation- cluding maintenance assistance, disaster as- modifying such loans, shall be as defined in ship between the United States and that sistance, insular management controls, coral section 502 of the Congressional Budget Act tribe, or that tribe’s ability to access future of 1974: Provided further, That such loans or appropriations. reef initiative activities, and brown tree snake control and research; grants to the ju- loan guarantees may be made without regard Notwithstanding any other provision of to the population of the area, credit else- law, no funds available to the Bureau, other diciary in American Samoa for compensa- tion and expenses, as authorized by law (48 where requirements, and restrictions on the than the amounts provided herein for assist- types of eligible entities under the Rural ance to public schools under 25 U.S.C. 452 et U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current Electrification Act of 1936 and section seq., shall be available to support the oper- 306(a)(1) of the Consolidated Farm and Rural ation of any elementary or secondary school local revenues, for construction and support of governmental functions; grants to the Development Act: Provided further, That any in the State of Alaska. funds transferred to the Secretary of Agri- Appropriations made available in this or Government of the Virgin Islands as author- culture shall be in addition to funds other- any other Act for schools funded by the Bu- ized by law; grants to the Government of wise made available to make or guarantee reau shall be available only to the schools in Guam, as authorized by law; and grants to loans under such authorities. the Bureau school system as of September 1, the Government of the Northern Mariana Is- 1996. No funds available to the Bureau shall lands as authorized by law (Public Law 94– OFFICE OF THE SOLICITOR be used to support expanded grades for any 241; 90 Stat. 272); and (2) $9,280,000 shall be SALARIES AND EXPENSES school or dormitory beyond the grade struc- available until September 30, 2011 for sala- For necessary expenses of the Office of the ture in place or approved by the Secretary of ries and expenses of the Office of Insular Af- Solicitor, $65,076,000. the Interior at each school in the Bureau fairs: Provided, That all financial trans- OFFICE OF INSPECTOR GENERAL school system as of October 1, 1995. Funds actions of the territorial and local govern- made available under this Act may not be ments herein provided for, including such SALARIES AND EXPENSES used to establish a charter school at a Bu- transactions of all agencies or instrumental- For necessary expenses of the Office of In- reau-funded school (as that term is defined ities established or used by such govern- spector General, $48,590,000. in section 1146 of the Education Amendments ments, may be audited by the Government OFFICE OF THE SPECIAL TRUSTEE FOR of 1978 (25 U.S.C. 2026)), except that a charter Accountability Office, at its discretion, in AMERICAN INDIANS school that is in existence on the date of the accordance with chapter 35 of title 31, United FEDERAL TRUST PROGRAMS enactment of this Act and that has operated States Code: Provided further, That Northern at a Bureau-funded school before September Mariana Islands Covenant grant funding (INCLUDING TRANSFER OF FUNDS) 1, 1999, may continue to operate during that shall be provided according to those terms of For the operation of trust programs for In- period, but only if the charter school pays to the Agreement of the Special Representa- dians by direct expenditure, contracts, coop- the Bureau a pro rata share of funds to reim- tives on Future United States Financial As- erative agreements, compacts, and grants, burse the Bureau for the use of the real and sistance for the Northern Mariana Islands $185,984,000, to remain available until ex- personal property (including buses and vans), approved by Public Law 104–134: Provided fur- pended, of which not to exceed $56,536,000 the funds of the charter school are kept sepa- ther, That of the amounts provided for tech- from this or any other Act, shall be available rate and apart from Bureau funds, and the nical assistance, sufficient funds shall be for historical accounting: Provided, That Bureau does not assume any obligation for made available for a grant to the Pacific funds for trust management improvements charter school programs of the State in Basin Development Council: Provided further, and litigation support may, as needed, be which the school is located if the charter That of the amounts provided for technical transferred to or merged with the Bureau of school loses such funding. Employees of Bu- assistance, sufficient funding shall be made Indian Affairs, ‘‘Operation of Indian Pro- reau-funded schools sharing a campus with a available for a grant to the Close Up Founda- grams’’ account; the Office of the Solicitor, charter school and performing functions re- tion: Provided further, That the funds for the ‘‘Salaries and Expenses’’ account; and the lated to the charter schools operation and program of operations and maintenance im- Office of the Secretary, ‘‘Salaries and Ex- employees of a charter school shall not be provement are appropriated to institu- penses’’ account: Provided further, That funds treated as Federal employees for purposes of tionalize routine operations and mainte- made available through contracts or grants chapter 171 of title 28, United States Code. nance improvement of capital infrastructure obligated during fiscal year 2010, as author- Notwithstanding any other provision of with territorial participation and cost shar- ized by the Indian Self-Determination Act of law, including section 113 of title I of appen- ing to be determined by the Secretary based 1975 (25 U.S.C. 450 et seq.), shall remain avail- dix C of Public Law 106–113, if in fiscal year on the grantee’s commitment to timely able until expended by the contractor or 2003 or 2004 a grantee received indirect and maintenance of its capital assets: Provided grantee: Provided further, That, notwith- administrative costs pursuant to a distribu- further, That any appropriation for disaster standing any other provision of law, the tion formula based on section 5(f) of Public assistance under this heading in this Act or statute of limitations shall not commence to Law 101–301, the Secretary shall continue to previous appropriations Acts may be used as run on any claim, including any claim in distribute indirect and administrative cost non-Federal matching funds for the purpose litigation pending on the date of the enact- funds to such grantee using the section 5(f) of hazard mitigation grants provided pursu- ment of this Act, concerning losses to or distribution formula. ant to section 404 of the Robert T. Stafford mismanagement of trust funds, until the af- DEPARTMENTAL OFFICES Disaster Relief and Emergency Assistance fected tribe or individual Indian has been OFFICE OF THE SECRETARY Act (42 U.S.C. 5170c). furnished with an accounting of such funds SALARIES AND EXPENSES COMPACT OF FREE ASSOCIATION from which the beneficiary can determine whether there has been a loss: Provided fur- For necessary expenses for management of For grants and necessary expenses, ther, That, notwithstanding any other provi- the Department of the Interior, $118,836,000; $5,318,000, to remain available until ex- sion of law, the Secretary shall not be re- of which $12,136,000 for consolidated appraisal pended, as provided for in sections 221(a)(2), quired to provide a quarterly statement of services is to be derived from the Land and 221(b), and 233 of the Compact of Free Asso- performance for any Indian trust account Water Conservation Fund and shall remain ciation for the Republic of Palau; and sec- that has not had activity for at least 18 available until expended; of which not to ex- tion 221(a)(2) of the Compacts of Free Asso- months and has a balance of $15.00 or less: ceed $15,000 may be for official reception and ciation for the Government of the Republic Provided further, That the Secretary shall representation expenses; and of which up to of the Marshall Islands and the Federated issue an annual account statement and $1,000,000 shall be available for workers com- States of Micronesia, as authorized by Public maintain a record of any such accounts and pensation payments and unemployment Law 99–658 and Public Law 108–188. compensation payments associated with the shall permit the balance in each such ac- ADMINISTRATIVE PROVISIONS orderly closure of the United States Bureau count to be withdrawn upon the express writ- of Mines: Provided, That for fiscal year 2010 (INCLUDING TRANSFER OF FUNDS) ten request of the account holder: Provided up to $400,000 of the payments authorized by At the request of the Governor of Guam, further, That not to exceed $50,000 is avail- the Act of October 20, 1976, as amended (31 the Secretary may transfer discretionary able for the Secretary to make payments to U.S.C. 6901–6907) may be retained for admin- funds or mandatory funds provided under correct administrative errors of either dis- istrative expenses of the Payments in Lieu of section 104(e) of Public Law 108-188 and Pub- bursements from or deposits to Individual Taxes Program: Provided further, That no lic Law 104-134, that are allocated for Guam, Indian Money or Tribal accounts after Sep- payment shall be made pursuant to that Act to the Secretary of Agriculture for the sub- tember 30, 2002: Provided further, That erro- to otherwise eligible units of local govern- sidy cost of direct or guaranteed loans, plus neous payments that are recovered shall be ment if the computed amount of the pay- not to exceed three percent of the amount of credited to and remain available in this ac- ment is less than $100. the subsidy transferred for the cost of loan count for this purpose.

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DEPARTMENT-WIDE PROGRAMS not to exceed $50,000,000, between the Depart- two preceding provisos shall be credited to WILDLAND FIRE MANAGEMENT ments when such transfers would facilitate this account, shall be available until ex- (INCLUDING TRANSFERS OF FUNDS) and expedite jointly funded wildland fire pended, and shall be used by the Secretary management programs and projects. for necessary expenses of the National Indian For necessary expenses for fire prepared- ness, suppression operations, fire science and WILDLAND FIRE SUPPRESSION CONTINGENCY Program Training Center. research, emergency rehabilitation, haz- RESERVE FUND ADMINISTRATIVE PROVISIONS ardous fuels reduction, and rural fire assist- (INCLUDING TRANSFER OF FUNDS) There is hereby authorized for acquisition ance by the Department of the Interior, For necessary expenses for transfer to from available resources within the Working $932,780,000, to remain available until ex- ‘‘Wildland Fire Management’’ for fire sup- Capital Fund, 15 aircraft, 10 of which shall be pended, of which not to exceed $6,137,000 pression operations of the Department of the for replacement and which may be obtained shall be for the renovation or construction of Interior, $75,000,000, to remain available until by donation, purchase or through available fire facilities: Provided, That such funds are expended: Provided, That amounts in this excess surplus property: Provided, That exist- also available for repayment of advances to paragraph may be transferred and expended ing aircraft being replaced may be sold, with other appropriation accounts from which only if all funds appropriated for fire sup- proceeds derived or trade-in value used to funds were previously transferred for such pression operations under the heading offset the purchase price for the replacement purposes: Provided further, That persons ‘‘Wildland Fire Management’’ shall be fully aircraft. hired pursuant to 43 U.S.C. 1469 may be fur- obligated within 30 days: Provided further, GENERAL PROVISIONS, DEPARTMENT OF THE nished subsistence and lodging without cost That amounts are available only to the ex- INTERIOR from funds available from this appropria- tent the President has issued a finding that (INCLUDING TRANSFERS OF FUNDS) tion: Provided further, That notwithstanding the amounts are necessary for emergency 42 U.S.C. 1856d, sums received by a bureau or fire suppression operations. SEC. 101. Appropriations made in this title office of the Department of the Interior for shall be available for expenditure or transfer fire protection rendered pursuant to 42 CENTRAL HAZARDOUS MATERIALS FUND (within each bureau or office), with the ap- U.S.C. 1856 et seq., protection of United For necessary expenses of the Department proval of the Secretary, for the emergency States property, may be credited to the ap- of the Interior and any of its component of- reconstruction, replacement, or repair of air- propriation from which funds were expended fices and bureaus for response action, includ- craft, buildings, utilities, or other facilities to provide that protection, and are available ing associated activities, performed pursuant or equipment damaged or destroyed by fire, without fiscal year limitation: Provided fur- to the Comprehensive Environmental Re- flood, storm, or other unavoidable causes: ther, That using the amounts designated sponse, Compensation, and Liability Act of Provided, That no funds shall be made avail- under this title of this Act, the Secretary of 1980, as amended (42 U.S.C. 9601 et seq.), able under this authority until funds specifi- the Interior may enter into procurement $10,175,000, to remain available until ex- cally made available to the Department of contracts, grants, or cooperative agree- pended: Provided, That Public Law 110–161 the Interior for emergencies shall have been ments, for hazardous fuels reduction activi- (121 Stat. 2116) under the heading ‘‘Central exhausted: Provided further, That all funds ties, and for training and monitoring associ- Hazardous Materials Fund’’ is amended by used pursuant to this section must be replen- ated with such hazardous fuels reduction ac- striking ‘‘in advance of or as reimbursement ished by a supplemental appropriation which tivities, on Federal land, or on adjacent non- for remedial action or response activities must be requested as promptly as possible. Federal land for activities that benefit re- conducted by the Department pursuant to SEC. 102. The Secretary may authorize the sources on Federal land: Provided further, section 107 or 113(f) of such Act’’ and insert- expenditure or transfer of any no year appro- That the costs of implementing any coopera- ing in lieu thereof ‘‘including any fines or priation in this title, in addition to the tive agreement between the Federal Govern- penalties’’. amounts included in the budget programs of ment and any non-Federal entity may be NATURAL RESOURCE DAMAGE ASSESSMENT AND the several agencies, for the suppression or shared, as mutually agreed on by the af- RESTORATION emergency prevention of wildland fires on or fected parties: Provided further, That not- NATURAL RESOURCE DAMAGE ASSESSMENT FUND threatening lands under the jurisdiction of withstanding requirements of the Competi- the Department of the Interior; for the emer- To conduct natural resource damage as- tion in Contracting Act, the Secretary, for gency rehabilitation of burned-over lands sessment and restoration activities by the purposes of hazardous fuels reduction activi- under its jurisdiction; for emergency actions Department of the Interior necessary to ties, may obtain maximum practicable com- related to potential or actual earthquakes, carry out the provisions of the Comprehen- petition among: (1) local private, nonprofit, floods, volcanoes, storms, or other unavoid- sive Environmental Response, Compensa- or cooperative entities; (2) Youth Conserva- able causes; for contingency planning subse- tion, and Liability Act, as amended (42 tion Corps crews, Public Lands Corps (Public quent to actual oil spills; for response and U.S.C. 9601 et seq.), the Federal Water Pollu- Law 109–154), or related partnerships with natural resource damage assessment activi- tion Control Act, as amended (33 U.S.C. 1251 State, local, or non-profit youth groups; (3) ties related to actual oil spills; for the pre- et seq.), the Oil Pollution Act of 1990 (33 small or micro-businesses; or (4) other enti- vention, suppression, and control of actual U.S.C. 2701 et seq.), and Public Law 101–337, ties that will hire or train locally a signifi- or potential grasshopper and Mormon crick- as amended (16 U.S.C. 19jj et seq.), $6,462,000, cant percentage, defined as 50 percent or et outbreaks on lands under the jurisdiction to remain available until expended. more, of the project workforce to complete of the Secretary, pursuant to the authority such contracts: Provided further, That in im- WORKING CAPITAL FUND in section 1773(b) of Public Law 99–198 (99 plementing this section, the Secretary shall For the acquisition of a departmental fi- Stat. 1658); for emergency reclamation develop written guidance to field units to en- nancial and business management system projects under section 410 of Public Law 95– sure accountability and consistent applica- and information technology improvements 87; and shall transfer, from any no year funds tion of the authorities provided herein: Pro- of general benefit to the Department, available to the Office of Surface Mining vided further, That funds appropriated under $85,823,000, to remain available until ex- Reclamation and Enforcement, such funds as this head may be used to reimburse the pended: Provided, That none of the funds in may be necessary to permit assumption of United States Fish and Wildlife Service and this Act or previous appropriations Acts may regulatory authority in the event a primacy the National Marine Fisheries Service for be used to establish reserves in the Working State is not carrying out the regulatory pro- the costs of carrying out their responsibil- Capital Fund account other than for accrued visions of the Surface Mining Act: Provided, ities under the Endangered Species Act of annual leave and depreciation of equipment That appropriations made in this title for 1973 (16 U.S.C. 1531 et seq.) to consult and without prior approval of the House and Sen- wildland fire operations and shall be avail- conference, as required by section 7 of such ate Committees on Appropriations: Provided able for the payment of obligations incurred Act, in connection with wildland fire man- further, That the Secretary may assess rea- during the preceding fiscal year, and for re- agement activities: Provided further, That sonable charges to State, local, and tribal imbursement to other Federal agencies for the Secretary of the Interior may use government employees for training services destruction of vehicles, aircraft, or other wildland fire appropriations to enter into provided by the National Indian Program equipment in connection with their use for non-competitive sole source leases of real Training Center, other than training related wildland fire operations, such reimburse- property with local governments, at or below to Public Law 93–638: Provided further, That ment to be credited to appropriations cur- fair market value, to construct capitalized the Secretary may lease or otherwise provide rently available at the time of receipt there- improvements for fire facilities on such space and related facilities, equipment or of: Provided further, That for wildland fire op- leased properties, including but not limited professional services of the National Indian erations, no funds shall be made available to fire guard stations, retardant stations, Program Training Center to State, local, and under this authority until the Secretary de- and other initial attack and fire support fa- tribal government employees or persons or termines that funds appropriated for cilities, and to make advance payments for organizations engaged in cultural, edu- ‘‘wildland fire operations’’ and ‘‘Wildland any such lease or for construction activity cational, or recreational activities (as de- Fire Suppression Contingency Reserve associated with the lease: Provided further, fined in 40 U.S.C. 3306(a)) at the prevailing Fund’’ shall be exhausted within 30 days: That the Secretary of the Interior and the rate for similar space, facilities, equipment, Provided further, That all funds used pursu- Secretary of Agriculture may authorize the or services in the vicinity of the National In- ant to this section must be replenished by a transfer of funds appropriated for wildland dian Program Training Center: Provided fur- supplemental appropriation which must be fire management, in an aggregate amount ther, That all funds received pursuant to the requested as promptly as possible: Provided

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further, That such replenishment funds shall SEC. 109. Notwithstanding any other provi- (c) MMS will bill designated operators be used to reimburse, on a pro rata basis, ac- sion of law, the Secretary of the Interior is within 60 days of enactment of this bill, with counts from which emergency funds were authorized to acquire lands, waters, or inter- payment required within 30 days of billing. transferred. ests therein including the use of all or part SEC. 115. Section 4 of Public Law 89-565, as SEC. 103. Appropriations made to the De- of any pier, dock, or landing within the amended, (16 U.S.C. 282c), relating to San partment of the Interior in this title shall be State of New York and the State of New Jer- Juan Island National Historic Park, is available for services as authorized by 5 sey, for the purpose of operating and main- amended by striking ‘‘$5,575,000’’ and insert- U.S.C. 3109, when authorized by the Sec- taining facilities in the support of transpor- ing ‘‘$13,575,000’’. retary, in total amount not to exceed tation and accommodation of visitors to SEC. 116. Section 1(c)(2) of Public Law 109– $500,000; purchase and replacement of motor Ellis, Governors, and Liberty Islands, and of 441 is amended by adding after subparagraph vehicles, including specially equipped law other program and administrative activities, (D) the following new subparagraphs: enforcement vehicles; hire, maintenance, by donation or with appropriated funds, in- ‘‘(E) Minidoka, depicted in a map entitled and operation of aircraft; hire of passenger cluding franchise fees (and other monetary ‘Minidoka National Historic Site and Envi- motor vehicles; purchase of reprints; pay- consideration), or by exchange; and the Sec- rons - Draft Document’, dated May 27, 2009. ment for telephone service in private resi- retary is authorized to negotiate and enter The Secretary is authorized to accept a do- dences in the field, when authorized under into leases, subleases, concession contracts nation of land or interest in land acquired regulations approved by the Secretary; and or other agreements for the use of such fa- with funds provided under this section, as an the payment of dues, when authorized by the cilities on such terms and conditions as the addition to the Minidoka National Historic Secretary, for library membership in soci- Secretary may determine reasonable. Site and administered in accordance with eties or associations which issue publica- SEC. 110. Title 43 U.S.C. 1473, as amended section 313(c)(5) of Public Law 110–229. tions to members only or at a price to mem- by Public Law 111–8, is further amended by ‘‘(F) Heart Mountain, depicted in Figure bers lower than to subscribers who are not striking ‘‘in fiscal years 2008 and 2009 only’’ 6.3 of the Site Document.’’. members. and inserting ‘‘in fiscal years 2010 through TITLE II—ENVIRONMENTAL SEC. 104. Appropriations made in this Act 2013’’. PROTECTION AGENCY under the headings Bureau of Indian Affairs SEC. 111. The Secretary of the Interior may and Office of the Special Trustee for Amer- enter into cooperative agreements with a SCIENCE AND TECHNOLOGY ican Indians and any unobligated balances State or political subdivision (including any For science and technology, including re- from prior appropriations Acts made under agency thereof), or any not-for-profit organi- search and development activities, which the same headings shall be available for ex- zation if the agreement will: (1) serve a mu- shall include research and development ac- penditure or transfer for Indian trust man- tual interest of the parties to the agreement tivities under the Comprehensive Environ- agement and reform activities. Total funding in carrying out the programs administered mental Response, Compensation, and Liabil- for historical accounting activities shall not by the Department of the Interior; and (2) all ity Act of 1980, as amended; necessary ex- exceed amounts specifically designated in parties will contribute resources to the ac- penses for personnel and related costs and this Act for such purpose. complishment of these objectives. At the dis- travel expenses; procurement of laboratory SEC. 105. Notwithstanding any other provi- cretion of the Secretary, such agreements equipment and supplies; and other operating sion of law, the Secretary of the Interior is shall not be subject to a competitive process. expenses in support of research and develop- authorized to redistribute any Tribal Pri- SEC. 112. Funds provided in this Act for ment, $849,649,000, to remain available until ority Allocation funds, including tribal base Federal land acquisition by the National September 30, 2011. funds, to alleviate tribal funding inequities Park Service for Ice Age National Scenic ENVIRONMENTAL PROGRAMS AND MANAGEMENT by transferring funds to address identified, Trail may be used for a grant to a State, a For environmental programs and manage- unmet needs, dual enrollment, overlapping local government, or any other land manage- ment, including necessary expenses, not oth- service areas or inaccurate distribution ment entity for the acquisition of lands erwise provided for, for personnel and related methodologies. No federally recognized tribe without regard to any restriction on the use costs and travel expenses; hire of passenger shall receive a reduction in Tribal Priority of Federal land acquisition funds provided motor vehicles; hire, maintenance, and oper- Allocation funds of more than 10 percent in through the Land and Water Conservation ation of aircraft; purchase of reprints; li- fiscal year 2010. Under circumstances of dual Fund Act of 1965 as amended. brary memberships in societies or associa- enrollment, overlapping service areas or in- SEC. 113. Notwithstanding any other provi- tions which issue publications to members accurate distribution methodologies, the 10 sion of law, for fiscal year 2010 and each fis- only or at a price to members lower than to percent limitation does not apply. cal year thereafter, sections 109 and 110 of subscribers who are not members; adminis- SEC. 106. Notwithstanding any other provi- the Federal Oil and Gas Royalty Manage- trative costs of the brownfields program sion of law, in conveying the Twin Cities Re- ment Act (30 U.S.C. 1719 and 1720) shall apply under the Small Business Liability Relief search Center under the authority provided to any lease authorizing exploration for or and Brownfields Revitalization Act of 2002; by Public Law 104–134, as amended by Public development of coal, any other solid min- and not to exceed $9,000 for official reception Law 104–208, the Secretary may accept and eral, or any geothermal resource on any Fed- and representation expenses, $3,022,054,000, to retain land and other forms of reimburse- eral or Indian lands and any lease, easement, remain available until September 30, 2011: ment: Provided, That the Secretary may re- right of way, or other agreement, regardless Provided, That of the funds included under tain and use any such reimbursement until of form, for use of the Outer Continental this heading, not less than $628,941,000 shall expended and without further appropriation: Shelf or any of its resources under sections be for the Geographic Programs specified in (1) for the benefit of the National Wildlife 8(k) or 8(p) of the Outer Continental Shelf the explanatory statement accompanying Refuge System within the State of Min- Lands Act (43 U.S.C. 1337(k) and 1337(p)) to this Act. nesota; and (2) for all activities authorized the same extent as if such lease, easement, by 16 U.S.C. 460zz. right of way, or other agreement, regardless OFFICE OF INSPECTOR GENERAL SEC. 107. The Secretary of the Interior may of form, were an oil and gas lease, except For necessary expenses of the Office of In- use discretionary funds to pay private attor- that in such cases the term ‘‘royalty pay- spector General in carrying out the provi- ney fees and costs for employees and former ment’’ shall include any payment required sions of the Inspector General Act of 1978, as employees of the Department of the Interior by such lease, easement, right of way or amended, $44,791,000, to remain available reasonably incurred in connection with other agreement, regardless of form, or by until September 30, 2011. Cobell v. Salazar to the extent that such fees applicable regulation. BUILDINGS AND FACILITIES and costs are not paid by the Department of SEC. 114. (a) In fiscal year 2010, the Min- For construction, repair, improvement, ex- Justice or by private insurance. In no case erals Management Service (MMS) shall col- tension, alteration, and purchase of fixed shall the Secretary make payments under lect a non-refundable inspection fee, which equipment or facilities of, or for use by, the this section that would result in payment of shall be deposited in the ‘‘Royalty and Off- Environmental Protection Agency, hourly fees in excess of the highest hourly shore Minerals Management’’ account, from $35,001,000, to remain available until ex- rate approved by the District Court for the the designated operator for facilities subject pended. District of Columbia for counsel in Cobell v. to inspection by MMS under 43 U.S.C. 1348(c) HAZARDOUS SUBSTANCE SUPERFUND Salazar. that are above the waterline, except mobile SEC. 108. The United States Fish and Wild- offshore drilling units, and are in place at (INCLUDING TRANSFERS OF FUNDS) life Service shall, in carrying out its respon- the start of fiscal year 2010. For necessary expenses to carry out the sibilities to protect threatened and endan- (b) Fees for 2010 shall be: Comprehensive Environmental Response, gered species of salmon, implement a system (1) $2,000 for facilities with no wells, but Compensation, and Liability Act of 1980 of mass marking of salmonid stocks, in- with processing equipment or gathering (CERCLA), as amended, including sections tended for harvest, that are released from lines; 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. federally operated or federally financed (2) $3,250 for facilities with one to ten 9611) $1,306,541,000, to remain available until hatcheries including but not limited to fish wells, with any combination of active or in- expended, consisting of such sums as are releases of coho, chinook, and steelhead spe- active wells; and available in the Trust Fund on September 30, cies. Marked fish must have a visible mark (3) $6,000 for facilities with more than ten 2009, as authorized by section 517(a) of the that can be readily identified by commercial wells, with any combination of active or in- Superfund Amendments and Reauthorization and recreational fishers. active wells. Act of 1986 (SARA) and up to $1,306,541,000 as

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00166 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.142 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7419 a payment from general revenues to the Haz- Response, Compensation, and Liability Act Administrator for grants made under section ardous Substance Superfund for purposes as of 1980 (CERCLA), as amended, including 1452(j) of the Safe Drinking Water Act: Pro- authorized by section 517(b) of SARA, as grants, interagency agreements, and associ- vided further, That no funds provided by this amended: Provided, That funds appropriated ated program support costs; $60,000,000 shall appropriations Act to address the water, under this heading may be allocated to other be for grants under title VII, subtitle G of wastewater and other critical infrastructure Federal agencies in accordance with section the Energy Policy Act of 2005, as amended; needs of the colonias in the United States 111(a) of CERCLA: Provided further, That of and $1,115,446,000 shall be for grants, includ- along the United States-Mexico border shall the funds appropriated under this heading, ing associated program support costs, to be made available to a county or municipal $9,975,000 shall be paid to the ‘‘Office of In- States, federally recognized tribes, inter- government unless that government has es- spector General’’ appropriation to remain state agencies, tribal consortia, and air pol- tablished an enforceable local ordinance, or available until September 30, 2011, and lution control agencies for multi-media or other zoning rule, which prevents in that ju- $26,834,000 shall be paid to the ‘‘Science and single media pollution prevention, control risdiction the development or construction Technology’’ appropriation to remain avail- and abatement and related activities, includ- of any additional colonia areas, or the devel- able until September 30, 2011. ing activities pursuant to the provisions set opment within an existing colonia the con- forth under this heading in Public Law 104– struction of any new home, business, or LEAKING UNDERGROUND STORAGE TANK TRUST 134, and for making grants under section 103 other structure which lacks water, waste- FUND PROGRAM of the Clean Air Act for particulate matter water, or other necessary infrastructure. For necessary expenses to carry out leak- monitoring and data collection activities ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL ing underground storage tank cleanup activi- subject to terms and conditions specified by PROTECTION AGENCY ties authorized by subtitle I of the Solid the Administrator, of which $49,495,000 shall Waste Disposal Act, as amended, $113,101,000, (INCLUDING TRANSFER AND RESCISSION OF be for carrying out section 128 of CERCLA, FUNDS) to remain available until expended, of which as amended, $10,000,000 shall be for Environ- For fiscal year 2010, notwithstanding 31 $78,671,000 shall be for carrying out leaking mental Information Exchange Network U.S.C. 6303(1) and 6305(1), the Administrator underground storage tank cleanup activities grants, including associated program support of the Environmental Protection Agency, in authorized by section 9003(h) of the Solid costs, $18,500,000 of the funds available for carrying out the Agency’s function to imple- Waste Disposal Act, as amended; $34,430,000 grants under section 106 of the Act shall be ment directly Federal environmental pro- shall be for carrying out the other provisions for water quality monitoring activities, grams required or authorized by law in the of the Solid Waste Disposal Act specified in $10,000,000 shall be for competitive grants to absence of an acceptable tribal program, section 9508(c) of the Internal Revenue Code, communities to develop plans and dem- may award cooperative agreements to feder- as amended: Provided, That the Adminis- onstrate and implement projects which re- ally recognized Indian tribes or Intertribal trator is authorized to use appropriations duce greenhouse gas emissions, and, in addi- consortia, if authorized by their member made available under this heading to imple- tion to funds appropriated under the heading tribes, to assist the Administrator in imple- ment section 9013 of the Solid Waste Disposal ‘‘Leaking Underground Storage Tank Trust menting Federal environmental programs Act to provide financial assistance to feder- Fund Program’’ to carry out the provisions for Indian tribes required or authorized by ally recognized Indian tribes for the develop- of the Solid Waste Disposal Act specified in law, except that no such cooperative agree- ment and implementation of programs to section 9508(c) of the Internal Revenue Code ments may be awarded from funds des- manage underground storage tanks. other than section 9003(h) of the Solid Waste ignated for State financial assistance agree- IL SPILL RESPONSE Disposal Act, as amended, $2,500,000 shall be O ments. For expenses necessary to carry out the for grants to States under section 2007(f)(2) The Administrator of the Environmental Environmental Protection Agency’s respon- of the Solid Waste Disposal Act, as amended: Protection Agency is authorized to collect sibilities under the Oil Pollution Act of 1990, Provided further, That notwithstanding sec- and obligate pesticide registration service $18,379,000, to be derived from the Oil Spill tion 603(d)(7) of the Federal Water Pollution fees in accordance with section 33 of the Fed- Liability trust fund, to remain available Control Act, the limitation on the amounts eral Insecticide, Fungicide, and Rodenticide until expended. in a State water pollution control revolving Act, as amended by Public Law 110–94, the fund that may be used by a State to admin- Pesticide Registration Improvement Re- STATE AND TRIBAL ASSISTANCE GRANTS ister the fund shall not apply to amounts in- For environmental programs and infra- newal Act. cluded as principal in loans made by such Title II of Public Law 109–54, as amended structure assistance, including capitaliza- fund in fiscal year 2010 and prior years where by title II of division E of Public Law 111-8 tion grants for State revolving funds and such amounts represent costs of admin- (123 Stat.729), is amended in the fourth para- performance partnership grants, istering the fund to the extent that such graph under the heading ‘‘Administrative $5,215,446,000, to remain available until ex- amounts are or were deemed reasonable by Provisions’’ by striking ‘‘2011’’ and inserting pended, of which $2,307,000,000 shall be for the Administrator, accounted for separately ‘‘2015’’. making capitalization grants for the Clean from other assets in the fund, and used for From unobligated balances to carry out Water State Revolving Funds under title VI eligible purposes of the fund, including ad- projects and activities funded through the of the Federal Water Pollution Control Act, ministration: Provided further, That for fiscal ‘‘State and Tribal Assistance Grants’’ ac- as amended (the ‘‘Act’’); of which year 2010, and notwithstanding section 518(f) count, $142,000,000 are hereby permanently $1,443,000,000 shall be for making capitaliza- of the Act, the Administrator is authorized rescinded: Provided, That no amounts may be tion grants for the Drinking Water State Re- to use the amounts appropriated for any fis- cancelled from amounts that were des- volving Funds under section 1452 of the Safe cal year under section 319 of that Act to ignated by the Congress as an emergency re- Drinking Water Act, as amended: Provided, make grants to federally recognized Indian quirement pursuant to the Concurrent Reso- That $20,000,000 shall be for architectural, en- tribes pursuant to sections 319(h) and 518(e) lution on the Budget or the Balanced Budget gineering, planning, design, construction and of that Act: Provided further, That for fiscal and Emergency Deficit Control Act of 1985, related activities in connection with the year 2010, notwithstanding the limitation on as amended. construction of high priority water and amounts in section 518(c) of the Federal The Administrator is authorized to trans- wastewater facilities in the area of the Water Pollution Control Act and section fer up to $475,000,000 from the ‘‘Environ- United States-Mexico border, after consulta- 1452(i) of the Safe Drinking Water Act, up to mental Programs and Management’’ account tion with the appropriate border commis- a total of 2 percent of the funds appropriated to the head of any other Federal department sion; $10,000,000 shall be for grants to the for State Revolving Funds under such Acts or agency (including but not limited to the State of Alaska to address drinking water may be reserved by the Administrator for Departments of Agriculture, Army, Com- and wastewater infrastructure needs of rural grants under section 518(c) and section 1452(i) merce, Health and Human Services, Home- and Alaska Native Villages: Provided further, of such Acts: Provided further, That for fiscal land Security, the Interior, State, and That, of these funds: (1) the State of Alaska year 2010, in addition to the amounts speci- Transportation), with the concurrence of shall provide a match of 25 percent; and (2) fied in section 205(c) of the Federal Water such head, to carry out activities that would no more than 5 percent of the funds may be Pollution Control Act, up to 1.2486 percent of support the Great Lakes Restoration Initia- used for administrative and overhead ex- the funds appropriated for the Clean Water tive and Great Lakes Water Quality Agree- penses; $160,000,000 shall be for making spe- State Revolving Fund program under the ment programs, projects, or activities; to cial project grants for the construction of Act may be reserved by the Administrator enter into an interagency agreement with drinking water, wastewater and storm water for grants made under Title II of the Clean the head of such Federal department or infrastructure and for water quality protec- Water Act for American Samoa, Guam, the agency to carry out these activities; and to tion in accordance with the terms and condi- Commonwealth of the Northern Marianas, make grants to governmental entities, non- tions specified for such grants in the explan- and United States Virgin Islands: Provided profit organizations, institutions, and indi- atory statement accompanying this Act, further, That for fiscal year 2010, notwith- viduals for planning, research, monitoring, and, for purposes of these grants, each grant- standing the limitations on amounts speci- outreach, and implementation in further- ee shall contribute not less than 45 percent fied in section 1452(j) of the Safe Drinking ance of the Great Lakes Restoration Initia- of the cost of the project unless the grantee Water Act, up to 1.5 percent of the funds ap- tive and the Great Lakes Water Quality is approved for a waiver by the Agency; propriated for the Drinking Water State Re- Agreement. $100,000,000 shall be to carry out section volving Fund programs under the Safe Not less than 30 percent of the funds made 104(k) of the Comprehensive Environmental Drinking Water Act may be reserved by the available under this title to each State for

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00167 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.142 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7420 CONGRESSIONAL RECORD — HOUSE June 25, 2009 Clean Water State Revolving Fund capital- accordance with section 4 of the Act (16 The Acting CHAIR. Without objec- ization grants and not less than 30 percent of U.S.C. 460l–6a(i)): Provided, That, the Sec- tion the gentleman from Washington is the funds made available under this title to retary may authorize the expenditure or recognized for 5 minutes. each State for Drinking Water State Revolv- transfer of up to $10,000,000 to the Depart- There was no objection. ing Fund capitalization grants shall be used ment of the Interior, Bureau of Land Man- by the State to provide additional subsidy to agement, for removal, preparation, and adop- Mr. DICKS. I want to say that I eligible recipients in the form of forgiveness tion of excess wild horses and burros from strongly support this amendment. It is of principal, negative interest loans, or National Forest System lands, and for the very clear to me that in California, in grants (or any combination of these), except performance of cadastral surveys to des- Washington, in Oregon, and in many that for the Clean Water State Revolving ignate the boundaries of such lands: Provided States, this has become a tremendous Fund capitalization grant appropriation this further, That up to $10,000,000 may be trans- problem. Drugs are being grown, mari- section shall only apply to the portion that ferred to and made a part of other Forest juana particularly, on Federal lands. I exceeds $1,000,000,000. Service accounts if the transfer enhances the think we have to do more on enforce- To the extent there are sufficient eligible efficiency or effectiveness of Federal activi- project applications, not less than 20 percent ties. ment. I commend the gentleman for his leadership in presenting the amend- of the funds made available under this title PART B AMENDMENT NO. 5 OFFERED BY MR. to each State for Clean Water State Revolv- SMITH OF TEXAS ment. Our side supports it. ing Fund capitalization grants and not less Mr. SMITH of Texas. I have an If the gentleman has nothing further than 20 percent of the funds made available to say, I think we ought to have a vote under this title to each State for Drinking amendment at the desk that was made in order under the rule. on his amendment. Water State Revolving Fund capitalization Mr. SMITH of Texas. I would like to grants shall be used by the State for projects The Acting CHAIR. The Clerk will designate the amendment. make a statement about the amend- to address green infrastructure, water effi- ment if the gentleman doesn’t object. ciency, or energy efficiency improvements. The text of the amendment is as fol- For fiscal year 2010 and each fiscal year lows: MR. DICKS. I will reserve my time. Mr. SMITH of Texas. Madam Chair- thereafter, the requirements of section 513 of Part B amendment No. 5 offered by Mr. woman, I yield myself the balance of the Federal Water Pollution Control Act (33 SMITH of Texas: U.S.C. 1372) shall apply to the construction Under the heading ‘‘NATIONAL FOREST SYS- my time. of treatment works carried out in whole or TEM’’ insert after the first dollar amount the The Acting CHAIR. The gentleman is in part with assistance made available by a following: ‘‘(reduced by $25,000,000) (increased recognized for 31⁄2 minutes. State water pollution control revolving fund by $25,000,000)’’. Mr. SMITH of Texas. Madam Chair- as authorized by title VI of that Act (33 man, first of all, I would like to con- U.S.C. 1381 et seq.), or with assistance made The Acting CHAIR. Pursuant to available under section 205(m) of that Act (33 House Resolution 578, the gentleman sider this the Smith-Herger amend- U.S.C. 1285(m)), or both. from Texas (Mr. SMITH) and a Member ment because I appreciate so much the For fiscal year 2010 and each fiscal year opposed each will control 5 minutes. gentleman from California and his thereafter, the requirements of section The Chair recognizes the gentleman comments a few minutes ago. 1450(e) of the Safe Drinking Water Act (42 from Texas. Madam Chairwoman, Mexican drug U.S.C. 300j-9(e)) shall apply to any construc- Mr. SMITH of Texas. Madam Chair- cartels are converting America’s na- tion project carried out in whole or in part woman, before I yield to our colleague tional parks and forests into farms for with assistance made available by a drinking their illegal crops, damaging these pro- water treatment revolving loan fund as au- from California, I would first like to thorized by section 1452 of that Act (42 U.S.C. thank the gentleman from Wisconsin tected ecosystems and threatening the 300j-12). (Mr. OBEY), the chairman of the Appro- safety of visitors and employees. priations Committee; the gentleman The Drug Enforcement Administra- TITLE III—RELATED AGENCIES from Washington, the subcommittee tion calls marijuana the ‘‘cash crop’’ DEPARTMENT OF AGRICULTURE chairman, Mr. DICKS; and the ranking that finances the cartels’ drug traf- FOREST SERVICE member of the subcommittee, the gen- ficking operations. And now our federal lands are being used to grow this crop. FOREST AND RANGELAND RESEARCH tleman from Idaho (Mr. SIMPSON), for The Justice Department’s National For necessary expenses of forest and range- their courtesies tonight. land research as authorized by law, I will yield 1 minute to the gen- Drug Intelligence Center reports that $308,612,000, to remain available until ex- tleman from California (Mr. HERGER) Mexican drug cartels grow their mari- pended: Provided, That of the funds provided, both a colleague, a classmate, and a juana in remote areas of public lands $61,939,000 is for the forest inventory and member of the Ways and Means Com- where there is a limited law enforce- analysis program. mittee. ment presence. STATE AND PRIVATE FORESTRY Mr. HERGER. Madam Chair, I thank The two primary regions for these For necessary expenses of cooperating with the gentleman, my good friend from marijuana sites are the Western region, and providing technical and financial assist- Texas, for yielding time. comprised of California, Hawaii, Or- ance to States, territories, possessions, and I rise in strong support of this egon, and Washington, and the Appa- others, and for forest health management, amendment. The district I represent in lachian Region, including Kentucky, including treatments of pests, pathogens, northern California contains nine Na- Tennessee, and West Virginia. and invasive or noxious plants and for re- storing and rehabilitating forests damaged tional forests currently being overrun The pristine lands of our National by pests or invasive plants, cooperative for- by illegal marijuana cultivation. This Forest System are particularly entic- estry, and education and land conservation week two men opened fire on law en- ing to these drug-trafficking oper- activities and conducting an international forcement officials during a raid on a ations. The dense, expansive forests program as authorized, $307,486,000, to re- marijuana garden near a popular fish- provide optimum marijuana growing main available until expended, as authorized ing and recreation area. Additionally, conditions with little risk of detection. by law; and of which $76,215,000 is to be de- in another instance, two Lassen Coun- America’s national forest system, rived from the Land and Water Conservation ty sheriff’s officers were shot when managed by the U.S. Forest Service, is Fund. they came across another marijuana comprised of 193 million acres of land The Acting CHAIR. The Clerk will garden. Thankfully, these officers sur- with 153,000 miles of trails and nearly read. vived their injuries. But it is simply a 18,000 recreation sites. Only 175 law en- The Clerk read as follows: matter of time before innocent lives forcement officials and detectives pa- NATIONAL FOREST SYSTEM are claimed. trol this vast expanse of land, includ- (INCLUDING TRANSFERS OF FUNDS) I urge my colleagues to support this ing 36 million acres of wilderness area. For necessary expenses of the Forest Serv- amendment to ensure the Federal Gov- The men and women of the Forest ice, not otherwise provided for, for manage- ernment is doing its part to provide the Service law enforcement and investiga- ment, protection, improvement, and utiliza- resources we need to address this seri- tions, together with their Federal, tion of the National Forest System, State and local partners, seized 2 mil- $1,564,801,000, to remain available until ex- ous and growing problem. pended, which shall include 50 percent of all Mr. DICKS. Madam Chair, although I lion marijuana plants from more than moneys received during prior fiscal years as support the gentleman’s amendment, I 300 sites during the 2008 growing sea- fees collected under the Land and Water Con- ask unanimous consent to claim time son. This is a dramatic increase from servation Fund Act of 1965, as amended, in in opposition. 2004, when fewer than 750,000 plants

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00168 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.142 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7421 were seized. The Forest Service reports water quality, or natural resources: Provided water, $2,370,288,000, to remain available that for each of the estimated 660 mari- further, That funds becoming available in fis- until expended: Provided, That such funds in- juana sites in the National Forest Sys- cal year 2010 under the Act of March 4, 1913 cluding unobligated balances under this heading, are available for repayment of ad- tem, it costs $30,000 to remove the (16 U.S.C. 501) shall be transferred to the General Fund of the Treasury and shall not vances from other appropriations accounts marijuana and restore the ecosystem of be available for transfer or obligation for previously transferred for such purposes: each site. That is under $20 million to any other purpose unless the funds are ap- Provided further, That such funds shall be rid our forests of marijuana. propriated: Provided further, That up to available to reimburse State and other co- Forest Service law enforcement offi- $10,000,000 may be transferred to and made a operating entities for services provided in re- cers are also battling against clandes- part of other Forest Service accounts if the sponse to wildfire and other emergencies or tine methamphetamine labs on Forest transfer enhances the efficiency or effective- disasters to the extent such reimbursements ness of Federal activities. by the Forest Service for non-fire emer- Service lands and increased drug traf- gencies are fully repaid by the responsible LAND ACQUISITION ficking across forests that share a com- emergency management agency: Provided mon boundary with Canada and Mex- For expenses necessary to carry out the further, That, notwithstanding any other ico. provisions of the Land and Water Conserva- provision of law, $8,000,000 of funds appro- Yet, in fiscal year 2009, only $15 mil- tion Fund Act of 1965, as amended (16 U.S.C. priated under this appropriation shall be lion was allocated for all of the Forest 460l–4 through 11), including administrative used for Fire Science Research in support of expenses, and for acquisition of land or wa- Service’s drug enforcement activities. the Joint Fire Science Program: Provided ters, or interest therein, in accordance with further, That all authorities for the use of My amendment increases this amount statutory authority applicable to the Forest funds, including the use of contracts, grants, to $25 million. We can and must do Service, $36,782,000, to be derived from the and cooperative agreements, available to more to put an end to the dangerous Land and Water Conservation Fund and to execute the Forest and Rangeland Research trend of using federal lands for illegal remain available until expended. appropriation, are also available in the utili- drug cultivation and distribution. ACQUISITION OF LANDS FOR NATIONAL FORESTS zation of these funds for Fire Science Re- Now, Madam Chairwoman, finally I SPECIAL ACTS search: Provided further, That funds provided shall be available for emergency rehabilita- want to say just in summary that this For acquisition of lands within the exte- tion and restoration, hazardous fuels reduc- rior boundaries of the Cache, Uinta, and amendment would weaken the cartels’ tion activities in the urban-wildland inter- drug-trafficking operations. It will Wasatch National Forests, Utah; the Toiyabe face, support to Federal emergency response, help the only 175 law enforcement offi- National Forest, Nevada; and the Angeles, and wildfire suppression activities of the cials to patrol the 36 million acres of San Bernardino, Sequoia, and Cleveland Na- Forest Service: Provided further, That of the tional Forests, California, as authorized by funds provided, $378,086,000 is for hazardous wilderness area, and it will send a law, $1,050,000, to be derived from forest re- strong message that we want to in- fuels reduction activities, $11,600,000 is for re- ceipts. habilitation and restoration, $23,917,000 is for crease funds for these efforts. ACQUISITION OF LANDS TO COMPLETE LAND research activities and to make competitive So I appreciate my amendment being EXCHANGES research grants pursuant to the Forest and supported tonight. For acquisition of lands, such sums, to be Rangeland Renewable Resources Research I yield back the balance of my time. derived from funds deposited by State, coun- Act, as amended (16 U.S.C. 1641 et seq.), Mr. DICKS. I yield back the balance ty, or municipal governments, public school $80,000,000 is for State fire assistance, of my time. districts, or other public school authorities, $10,000,000 is for volunteer fire assistance, The Acting CHAIR. The question is and for authorized expenditures from funds $24,252,000 is for forest health activities on on the amendment offered by the gen- deposited by non-Federal parties pursuant to Federal lands and $12,928,000 is for forest health activities on State and private lands: tleman from Texas (Mr. SMITH). Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, as amended (16 Provided further, That amounts in this para- The amendment was agreed to. graph may be transferred to the ‘‘State and Mr. DICKS. I ask unanimous consent U.S.C. 484a), to remain available until ex- pended. (16 U.S.C. 4601–516–617a, 555a; Public Private Forestry’’, ‘‘National Forest Sys- tem’’, and ‘‘Forest and Rangeland Research’’ that the remainder of the bill through Law 96–586; Public Law 76–589, 76–591; and 78– accounts to fund State fire assistance, volun- page 119, line 15 be considered as read. 310). The Acting CHAIR. Is there objection teer fire assistance, forest health manage- RANGE BETTERMENT FUND to the request of the gentleman from ment, forest and rangeland research, the For necessary expenses of range rehabilita- Joint Fire Science Program, vegetation and Washington? tion, protection, and improvement, 50 per- watershed management, heritage site reha- There was no objection. cent of all moneys received during the prior bilitation, and wildlife and fish habitat man- The text of that portion of the bill is fiscal year, as fees for grazing domestic live- agement and restoration: Provided further, as follows: stock on lands in National Forests in the 16 That up to $25,000,000 of the funds provided CAPITAL IMPROVEMENT AND MAINTENANCE Western States, pursuant to section 401(b)(1) under this heading may be transferred to and made a part of other Forest Service accounts (INCLUDING TRANSFER OF FUNDS) of Public Law 94–579, as amended, to remain available until expended, of which not to ex- if the transfer enhances the efficiency or ef- For necessary expenses of the Forest Serv- ceed 6 percent shall be available for adminis- fectiveness of Federal activities: Provided ice, not otherwise provided for, $560,637,000, trative expenses associated with on-the- further, That the costs of implementing any to remain available until expended, for con- ground range rehabilitation, protection, and cooperative agreement between the Federal struction, capital improvement, mainte- improvements. Government and any non-Federal entity may nance and acquisition of buildings and other be shared, as mutually agreed on by the af- facilities and infrastructure; and for con- GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH fected parties: Provided further, That of the struction, capital improvement, decommis- funds provided herein, the Secretary of Agri- sioning, and maintenance of forest roads and For expenses authorized by 16 U.S.C. culture may enter into procurement con- trails by the Forest Service as authorized by 1643(b), $50,000, to remain available until ex- tracts or cooperative agreements, or issue 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: pended, to be derived from the fund estab- grants, for hazardous fuels reduction activi- Provided, That $100,000,000 shall be designated lished pursuant to the above Act. ties and for training and monitoring associ- for urgently needed road decommissioning, MANAGEMENT OF NATIONAL FOREST LANDS FOR ated with such hazardous fuels reduction ac- road and trail repair and maintenance and SUBSISTENCE USES tivities, on Federal land, or on adjacent non- associated activities, and removal of fish For necessary expenses of the Forest Serv- Federal land for activities that benefit re- passage barriers, especially in areas where ice to manage Federal lands in Alaska for sources on Federal land: Provided further, Forest Service roads may be contributing to subsistence uses under title VIII of the Alas- That the Secretary of the Interior and the water quality problems in streams and water ka National Interest Lands Conservation Act Secretary of Agriculture may authorize the bodies which support threatened, endangered (Public Law 96–487), $2,582,000, to remain transfer of funds appropriated for wildland or sensitive species or community water available until expended. fire management, in an aggregate amount sources: Provided further, That funds pro- not to exceed $50,000,000, between the Depart- WILDLAND FIRE MANAGEMENT vided herein shall be available for the de- ments when such transfers would facilitate commissioning of roads, including unauthor- (INCLUDING TRANSFERS OF FUNDS) and expedite jointly funded wildland fire ized roads not part of the transportation sys- For necessary expenses for forest fire management programs and projects: Provided tem, which are no longer needed: Provided presuppression activities on National Forest further, That of the funds provided for haz- further, That public comment should be pro- System lands, for emergency fire suppression ardous fuels reduction, not to exceed vided before system roads are decommis- on or adjacent to such lands or other lands $5,000,000, may be used to make grants, using sioned: Provided further, That the decommis- under fire protection agreement, hazardous any authorities available to the Forest Serv- sioning of unauthorized roads not part of the fuels reduction on or adjacent to such lands, ice under the State and Private Forestry ap- official transportation system shall be expe- and for emergency rehabilitation of burned- propriation, for the purpose of creating in- dited in response to threats to public safety, over National Forest System lands and centives for increased use of biomass from

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00169 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.216 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7422 CONGRESSIONAL RECORD — HOUSE June 25, 2009 national forest lands: Provided further, That tion 10417(b) of Public Law 107–107 (7 U.S.C. Any funds appropriated to the Forest Serv- funds designated for wildfire suppression 8316(b)). ice may be used to meet the non-Federal shall be assessed for cost pools on the same Not more than $78,350,000 of funds available share requirement in section 502(c) of the basis as such assessments are calculated to the Forest Service shall be transferred to Older American Act of 1965 (42 U.S.C. against other agency programs. the Working Capital Fund of the Department 3056(c)(2)). Funds available to the Forest Service, not WILDLAND FIRE SUPPRESSION CONTINGENCY of Agriculture and not more than $19,825,000 to exceed $55,000,000, shall be assessed for the RESERVE FUND of funds available to the Forest Service shall be transferred to the Department of Agri- purpose of performing fire, administrative (INCLUDING TRANSFER OF FUNDS) culture for Department Reimbursable Pro- and other facilities maintenance. Such as- For necessary expenses for transfer to grams, commonly referred to as Greenbook sessments shall occur using a square foot ‘‘Wildland Fire Management’’ for emergency charges. Nothing in this paragraph shall pro- rate charged on the same basis the agency fire suppression on National Forest System hibit or limit the use of reimbursable agree- uses to assess programs for payment of rent, lands or adjacent lands or other lands under ments requested by the Forest Service in utilities, and other support services. fire protection agreement, $282,000,000, to re- order to obtain services from the Depart- Notwithstanding any other provision of main available until expended: Provided, ment of Agriculture’s National Information law, any appropriations or funds available to That amounts in this paragraph may be Technology Center. the Forest Service not to exceed $500,000 may transferred and expended only if all funds ap- Funds available to the Forest Service shall be used to reimburse the Office of the Gen- propriated for fire suppression under the be available to conduct a program of up to eral Counsel (OGC), Department of Agri- heading ‘‘Wildland Fire Management’’ shall $5,000,000 for priority projects within the culture, for travel and related expenses in- be fully obligated within 30 days: Provided scope of the approved budget, of which curred as a result of OGC assistance or par- further, That amounts are available only to $2,500,000 shall be carried out by the Youth ticipation requested by the Forest Service at the extent the President has issued a finding Conservation Corps and $2,500,000 shall be meetings, training sessions, management re- that the amounts are necessary for emer- carried out under the authority of the Public views, land purchase negotiations and simi- gency fire suppression. Lands Corps Healthy Forests Restoration lar non-litigation related matters. Future ADMINISTRATIVE PROVISIONS, FOREST SERVICE Act of 2005, Public Law 109–154. budget justifications for both the Forest Of the funds available to the Forest Serv- Service and the Department of Agriculture Appropriations to the Forest Service for ice, $4,000 is available to the Chief of the For- should clearly display the sums previously the current fiscal year shall be available for: est Service for official reception and rep- transferred and the requested funding trans- (1) purchase of passenger motor vehicles; ac- resentation expenses. fers. quisition of passenger motor vehicles from Pursuant to sections 405(b) and 410(b) of The 19th unnumbered paragraph under excess sources, and hire of such vehicles; Public Law 101–593, of the funds available to heading ‘‘Administrative Provisions, Forest purchase, lease, operation, maintenance, and the Forest Service, $3,000,000 may be ad- Service’’ in title III of the Department of the acquisition of aircraft from excess sources to vanced in a lump sum to the National Forest Interior, Environment, and Related Agencies maintain the operable fleet for use in Forest Foundation to aid conservation partnership Appropriations Act, 2006, Public Law 109-54, Service wildland fire programs and other projects in support of the Forest Service is amended by striking ‘‘2009’’ and inserting Forest Service programs; notwithstanding mission, without regard to when the Founda- ‘‘2014’’. other provisions of law, existing aircraft tion incurs expenses, for projects on or bene- DEPARTMENT OF HEALTH AND HUMAN being replaced may be sold, with proceeds fitting National Forest System lands or re- SERVICES derived or trade-in value used to offset the lated to Forest Service programs: Provided, INDIAN HEALTH SERVICE purchase price for the replacement aircraft; That the Foundation shall obtain, by the end INDIAN HEALTH SERVICES (2) services pursuant to 7 U.S.C. 2225, and not of the period of Federal financial assistance, to exceed $100,000 for employment under 5 private contributions to match on at least For expenses necessary to carry out the U.S.C. 3109; (3) purchase, erection, and alter- one-for-one basis funds made available by Act of August 5, 1954 (68 Stat. 674), the Indian ation of buildings and other public improve- the Forest Service: Provided further, That the Self-Determination Act, the Indian Health ments (7 U.S.C. 2250); (4) acquisition of land, Foundation may transfer Federal funds to Care Improvement Act, and titles II and III waters, and interests therein pursuant to 7 Federal or a non-Federal recipient for a of the Public Health Service Act with re- U.S.C. 428a; (5) for expenses pursuant to the project at the same rate that the recipient spect to the Indian Health Service, Volunteers in the National Forest Act of 1972 has obtained the non-Federal matching $3,657,618,000, together with payments re- (16 U.S.C. 558a, 558d, and 558a note); (6) the funds: Provided further, That authorized in- ceived during the fiscal year pursuant to 42 cost of uniforms as authorized by 5 U.S.C. vestments of Federal funds held by the Foun- U.S.C. 238(b) and 238b for services furnished 5901–5902; and (7) for debt collection con- dation may be made only in interest-bearing by the Indian Health Service: Provided, That tracts in accordance with 31 U.S.C. 3718(c). obligations of the United States or in obliga- funds made available to tribes and tribal or- Any appropriations or funds available to tions guaranteed as to both principal and in- ganizations through contracts, grant agree- the Forest Service may be transferred to the terest by the United States. ments, or any other agreements or compacts Wildland Fire Management appropriation for Pursuant to section 2(b)(2) of Public Law authorized by the Indian Self-Determination forest firefighting, emergency rehabilitation 98–244, $3,000,000 of the funds available to the and Education Assistance Act of 1975 (25 of burned-over or damaged lands or waters Forest Service shall be advanced to the Na- U.S.C. 450), shall be deemed to be obligated under its jurisdiction, and fire preparedness tional Fish and Wildlife Foundation in a at the time of the grant or contract award due to severe burning conditions five days lump sum to aid cost-share conservation and thereafter shall remain available to the after the Secretary notifies the House and projects, without regard to when expenses tribe or tribal organization without fiscal Senate Committees on Appropriations that are incurred, on or benefitting National For- year limitation: Provided further, That all fire suppression funds appropriated under est System lands or related to Forest Service $16,251,000 is provided for Headquarters oper- the headings ‘‘Wildland Fire Management’’ programs: Provided, That such funds shall be ations and information technology activities and ‘‘Wildland Fire Suppression Contingency matched on at least a one-for-one basis by and, notwithstanding any other provision of Reserve Fund’’ shall be fully obligated with- the Foundation or its sub-recipients: Pro- law, the amount available under this proviso in 30 days: Provided, That all funds used pur- vided further, That the Foundation may shall be allocated at the discretion of the Di- suant to this paragraph must be replenished transfer Federal funds to a Federal or non- rector of the Indian Health Service: Provided by a supplemental appropriation which must Federal recipient for a project at the same further, That $779,347,000 for contract medical be requested as promptly as possible. rate that the recipient has obtained the non- care, including $48,000,000 for the Indian Cat- Funds appropriated to the Forest Service Federal matching funds. astrophic Health Emergency Fund, shall re- shall be available for assistance to or Funds appropriated to the Forest Service main available until expended: Provided fur- through the Agency for International Devel- shall be available for interactions with and ther, That no less than $43,139,000 is provided opment in connection with forest and range- providing technical assistance to rural com- for maintaining operations of the urban In- land research, technical information, and as- munities and natural resource-based busi- dian health program: Provided further, That sistance in foreign countries, and shall be nesses for sustainable rural development of the funds provided, up to $32,000,000 shall available to support forestry and related nat- purposes. remain available until expended for imple- ural resource activities outside the United Funds appropriated to the Forest Service mentation of the loan repayment program States and its territories and possessions, in- shall be available for payments to counties under section 108 of the Indian Health Care cluding technical assistance, education and within the Columbia River Gorge National Improvement Act: Provided further, That training, and cooperation with United States Scenic Area, pursuant to section 14(c)(1) and $16,391,000 is provided for the methamphet- and international organizations. (2), and section 16(a)(2) of Public Law 99–663. amine and suicide prevention and treatment None of the funds made available to the An eligible individual who is employed in initiative and $10,000,000 is provided for the Forest Service in this Act or any other Act any project funded under title V of the Older domestic violence prevention initiative and, with respect to any fiscal year shall be sub- American Act of 1965 (42 U.S.C. 3056 et seq.) notwithstanding any other provision of law, ject to transfer under the provisions of sec- and administered by the Forest Service shall the amounts available under this proviso tion 702(b) of the Department of Agriculture be considered to be a Federal employee for shall be allocated at the discretion of the Di- Organic Act of 1944 (7 U.S.C. 2257), section 442 purposes of chapter 171 of title 28, United rector of the Indian Health Service and shall of Public Law 106–224 (7 U.S.C. 7772), or sec- States Code. remain available until expended: Provided

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00170 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.145 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7423 further, That funds provided in this Act may Provided further, That none of the funds ap- to implement the final rule published in the be used for one-year contracts and grants propriated to the Indian Health Service may Federal Register on September 16, 1987, by which are to be performed in two fiscal be used for sanitation facilities construction the Department of Health and Human Serv- years, so long as the total obligation is re- for new homes funded with grants by the ices, relating to the eligibility for the health corded in the year for which the funds are housing programs of the United States De- care services of the Indian Health Service appropriated: Provided further, That the partment of Housing and Urban Develop- until the Indian Health Service has sub- amounts collected by the Secretary of ment: Provided further, That not to exceed mitted a budget request reflecting the in- Health and Human Services under the au- $2,700,000 from this account and the ‘‘Indian creased costs associated with the proposed thority of title IV of the Indian Health Care Health Services’’ account shall be used by final rule, and such request has been in- Improvement Act shall remain available the Indian Health Service to obtain ambu- cluded in an appropriations Act and enacted until expended for the purpose of achieving lances for the Indian Health Service and into law. compliance with the applicable conditions tribal facilities in conjunction with an exist- With respect to functions transferred by and requirements of titles XVIII and XIX of ing interagency agreement between the In- the Indian Health Service to tribes or tribal the Social Security Act (exclusive of plan- dian Health Service and the General Services organizations, the Indian Health Service is ning, design, or construction of new facili- Administration: Provided further, That not to authorized to provide goods and services to ties): Provided further, That funding con- exceed $500,000 shall be placed in a Demoli- those entities, on a reimbursable basis, in- tained herein, and in any earlier appropria- tion Fund, available until expended, to be cluding payment in advance with subsequent tions Acts for scholarship programs under used by the Indian Health Service for demo- adjustment. The reimbursements received the Indian Health Care Improvement Act (25 lition of Federal buildings. therefrom, along with the funds received U.S.C. 1613) shall remain available until ex- ADMINISTRATIVE PROVISIONS, INDIAN HEALTH from those entities pursuant to the Indian pended: Provided further, That amounts re- SERVICE Self-Determination Act, may be credited to ceived by tribes and tribal organizations Appropriations in this Act to the Indian the same or subsequent appropriation ac- under title IV of the Indian Health Care Im- Health Service shall be available for services count that provided the funding, with such provement Act shall be reported and ac- as authorized by 5 U.S.C. 3109 but at rates amounts to remain available until expended. counted for and available to the receiving not to exceed the per diem rate equivalent to Reimbursements for training, technical as- tribes and tribal organizations until ex- the maximum rate payable for senior-level sistance, or services provided by the Indian pended: Provided further, That, notwith- positions under 5 U.S.C. 5376; hire of pas- Health Service will contain total costs, in- standing any other provision of law, of the senger motor vehicles and aircraft; purchase cluding direct, administrative, and overhead amounts provided herein, not to exceed of medical equipment; purchase of reprints; associated with the provision of goods, serv- $398,490,000 shall be for payments to tribes purchase, renovation and erection of mod- ices, or technical assistance. and tribal organizations for contract or ular buildings and renovation of existing fa- grant support costs associated with con- The appropriation structure for the Indian cilities; payments for telephone service in tracts, grants, self-governance compacts, or Health Service may not be altered without private residences in the field, when author- annual funding agreements between the In- advance notification to the House and Sen- ized under regulations approved by the Sec- dian Health Service and a tribe or tribal or- ate Committees on Appropriations. retary; and for uniforms or allowances there- ganization pursuant to the Indian Self-De- for as authorized by 5 U.S.C. 5901–5902; and NATIONAL INSTITUTES OF HEALTH termination Act of 1975, as amended, prior to for expenses of attendance at meetings that NATIONAL INSTITUTE OF ENVIRONMENTAL or during fiscal year 2010, of which not to ex- relate to the functions or activities for HEALTH SCIENCES ceed $5,000,000 may be used for contract sup- which the appropriation is made or other- port costs associated with new or expanded For necessary expenses for the National In- wise contribute to the improved conduct, su- self-determination contracts, grants, self- stitute of Environmental Health Sciences in pervision, or management of those functions governance compacts, or annual funding carrying out activities set forth in section or activities. agreements: , That the Bu- 311(a) of the Comprehensive Environmental Provided further In accordance with the provisions of the reau of Indian Affairs may collect from the Response, Compensation, and Liability Act Indian Health Care Improvement Act, non- Indian Health Service, tribes and tribal orga- of 1980, as amended, and section 126(g) of the Indian patients may be extended health care nizations operating health facilities pursu- Superfund Amendments and Reauthorization at all tribally administered or Indian Health ant to Public Law 93–638, such individually Act of 1986, $79,212,000. Service facilities, subject to charges, and the identifiable health information relating to proceeds along with funds recovered under AGENCY FOR TOXIC SUBSTANCES AND DISEASE disabled children as may be necessary for the the Federal Medical Care Recovery Act (42 REGISTRY purpose of carrying out its functions under U.S.C. 2651–2653) shall be credited to the ac- the Individuals with Disabilities Education TOXIC SUBSTANCES AND ENVIRONMENTAL count of the facility providing the service Act (20 U.S.C. 1400, et seq.): , PUBLIC HEALTH Provided further and shall be available without fiscal year That the Indian Health Care Improvement limitation. Notwithstanding any other law For necessary expenses for the Agency for Fund may be used, as needed, to carry out or regulation, funds transferred from the De- Toxic Substances and Disease Registry activities typically funded under the Indian partment of Housing and Urban Development (ATSDR) in carrying out activities set forth Health Facilities account. to the Indian Health Service shall be admin- in sections 104(i) and 111(c)(4) of the Com- INDIAN HEALTH FACILITIES istered under Public Law 86–121, the Indian prehensive Environmental Response, Com- For construction, repair, maintenance, im- Sanitation Facilities Act and Public Law 93– pensation, and Liability Act of 1980 provement, and equipment of health and re- 638, as amended. (CERCLA), as amended; section 118(f) of the lated auxiliary facilities, including quarters Funds appropriated to the Indian Health Superfund Amendments and Reauthorization for personnel; preparation of plans, specifica- Service in this Act, except those used for ad- Act of 1986 (SARA), as amended; and section tions, and drawings; acquisition of sites, pur- ministrative and program direction pur- 3019 of the Solid Waste Disposal Act, as chase and erection of modular buildings, and poses, shall not be subject to limitations di- amended, $76,792,000, of which up to $1,000 per purchases of trailers; and for provision of do- rected at curtailing Federal travel and trans- eligible employee of the Agency for Toxic mestic and community sanitation facilities portation. Substance and Disease Registry shall remain for Indians, as authorized by section 7 of the None of the funds made available to the In- available until expended for Individual Act of August 5, 1954 (42 U.S.C. 2004a), the In- dian Health Service in this Act shall be used Learning Accounts: Provided, That notwith- dian Self-Determination Act, and the Indian for any assessments or charges by the De- standing any other provision of law, in lieu Health Care Improvement Act, and for ex- partment of Health and Human Services un- of performing a health assessment under sec- penses necessary to carry out such Acts and less identified in the budget justification and tion 104(i)(6) of CERCLA, the Administrator titles II and III of the Public Health Service provided in this Act, or approved by the of ATSDR may conduct other appropriate Act with respect to environmental health House and Senate Committees on Appropria- health studies, evaluations, or activities, in- and facilities support activities of the Indian tions through the reprogramming process. cluding, without limitation, biomedical test- Health Service, $394,757,000, to remain avail- Notwithstanding any other provision of ing, clinical evaluations, medical moni- able until expended: Provided, That notwith- law, funds previously or herein made avail- toring, and referral to accredited health care standing any other provision of law, funds able to a tribe or tribal organization through providers: Provided further, That in per- appropriated for the planning, design, con- a contract, grant, or agreement authorized forming any such health assessment or struction or renovation of health facilities by title I or title V of the Indian Self-Deter- health study, evaluation, or activity, the Ad- for the benefit of a federally recognized In- mination and Education Assistance Act of ministrator of ATSDR shall not be bound by dian tribe or tribes may be used to purchase 1975 (25 U.S.C. 450), may be deobligated and the deadlines in section 104(i)(6)(A) of land for sites to construct, improve, or en- reobligated to a self-determination contract CERCLA: Provided further, That none of the large health or related facilities: Provided under title I, or a self-governance agreement funds appropriated under this heading shall further, That not to exceed $500,000 shall be under title V of such Act and thereafter shall be available for ATSDR to issue in excess of used by the Indian Health Service to pur- remain available to the tribe or tribal orga- 40 toxicological profiles pursuant to section chase TRANSAM equipment from the De- nization without fiscal year limitation. 104(i) of CERCLA during fiscal year 2010, and partment of Defense for distribution to the None of the funds made available to the In- existing profiles may be updated as nec- Indian Health Service and tribal facilities: dian Health Service in this Act shall be used essary.

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OTHER RELATED AGENCIES INSTITUTE OF AMERICAN INDIAN AND ALASKA forms, or allowances therefor, for other em- EXECUTIVE OFFICE OF THE PRESIDENT NATIVE CULTURE AND ARTS DEVELOPMENT ployees as authorized by law (5 U.S.C. 5901– COUNCIL ON ENVIRONMENTAL QUALITY AND PAYMENT TO THE INSTITUTE 5902); purchase or rental of devices and serv- OFFICE OF ENVIRONMENTAL QUALITY For payment to the Institute of American ices for protecting buildings and contents thereof, and maintenance, alteration, im- For necessary expenses to continue func- Indian and Alaska Native Culture and Arts tions assigned to the Council on Environ- Development, as authorized by title XV of provement, and repair of buildings, ap- mental Quality and Office of Environmental Public Law 99–498, as amended (20 U.S.C. 56 proaches, and grounds; and purchase of serv- Quality pursuant to the National Environ- part A), $8,300,000. ices for restoration and repair of works of art for the National Gallery of Art by con- mental Policy Act of 1969, the Environ- SMITHSONIAN INSTITUTION tracts made, without advertising, with indi- mental Quality Improvement Act of 1970, and SALARIES AND EXPENSES Reorganization Plan No. 1 of 1977, and not to viduals, firms, or organizations at such rates exceed $750 for official reception and rep- For necessary expenses of the Smithsonian or prices and under such terms and condi- resentation expenses, $3,159,000: Provided, Institution, as authorized by law, including tions as the Gallery may deem proper, That notwithstanding section 202 of the Na- research in the fields of art, science, and his- $110,746,000, of which not to exceed $3,386,000 tional Environmental Policy Act of 1970, the tory; development, preservation, and docu- for the special exhibition program shall re- Council shall consist of one member, ap- mentation of the National Collections; pres- main available until expended. pointed by the President, by and with the ad- entation of public exhibits and perform- REPAIR, RESTORATION AND RENOVATION OF vice and consent of the Senate, serving as ances; collection, preparation, dissemina- BUILDINGS tion, and exchange of information and publi- chairman and exercising all powers, func- For necessary expenses of repair, restora- cations; conduct of education, training, and tions, and duties of the Council. tion and renovation of buildings, grounds museum assistance programs; maintenance, CHEMICAL SAFETY AND HAZARD INVESTIGATION and facilities owned or occupied by the Na- alteration, operation, lease (for terms not to BOARD tional Gallery of Art, by contract or other- exceed 30 years), and protection of buildings, wise, as authorized, $56,259,000, to remain SALARIES AND EXPENSES facilities, and approaches; not to exceed available until expended: , That of (INCLUDING TRANSFER OF FUNDS) $100,000 for services as authorized by 5 U.S.C. Provided this amount, $40,000,000 shall be available to For necessary expenses in carrying out ac- 3109; and purchase, rental, repair, and clean- repair the National Gallery’s East Building tivities pursuant to section 112(r)(6) of the ing of uniforms for employees, $634,161,000, to facade: , That contracts Clean Air Act, as amended, including hire of remain available until September 30, 2011 ex- Provided further awarded for environmental systems, protec- passenger vehicles, uniforms or allowances cept as otherwise provided herein; of which tion systems, and exterior repair or renova- therefor, as authorized by 5 U.S.C. 5901–5902, not to exceed $19,117,000 for the instrumenta- tion of buildings of the National Gallery of and for services authorized by 5 U.S.C. 3109 tion program, collections acquisition, exhi- Art may be negotiated with selected contrac- but at rates for individuals not to exceed the bition reinstallation, the National Museum tors and awarded on the basis of contractor per diem equivalent to the maximum rate of African American History and Culture, qualifications as well as price. payable for senior level positions under 5 and the repatriation of skeletal remains pro- U.S.C. 5376, $10,547,000: Provided, That the gram shall remain available until expended; JOHN F. KENNEDY CENTER FOR THE Chemical Safety and Hazard Investigation and of which $1,553,000 is for fellowships and PERFORMING ARTS Board (Board) shall have not more than scholarly awards; and including such funds OPERATIONS AND MAINTENANCE three career Senior Executive Service posi- as may be necessary to support American For necessary expenses for the operation, tions: Provided further, That notwithstanding overseas research centers: Provided, That maintenance and security of the John F. any other provision of law, the individual ap- funds appropriated herein are available for Kennedy Center for the Performing Arts, pointed to the position of Inspector General advance payments to independent contrac- $25,000,000: Provided, That of the funds in- of the Environmental Protection Agency tors performing research services or partici- cluded under this heading, $2,500,000 is avail- (EPA) shall, by virtue of such appointment, pating in official Smithsonian presentations. able until expended to implement a program also hold the position of Inspector General of FACILITIES CAPITAL to train arts managers throughout the the Board: Provided further, That notwith- For necessary expenses of repair, revital- United States. standing any other provision of law, the In- ization, and alteration of facilities owned or spector General of the Board shall utilize CAPITAL REPAIR AND RESTORATION occupied by the Smithsonian Institution, by personnel of the Office of Inspector General For necessary expenses for capital repair contract or otherwise, as authorized by sec- of EPA in performing the duties of the In- and restoration of the existing features of tion 2 of the Act of August 22, 1949 (63 Stat. spector General of the Board, and shall not the building and site of the John F. Kennedy 623), and for construction, including nec- appoint any individuals to positions within Center for the Performing Arts, $17,447,000, essary personnel, $140,000,000, to remain the Board: Provided further, That of the funds to remain available until expended. available until expended, of which not to ex- appropriated under this heading, $150,000 ceed $10,000 is for services as authorized by 5 WOODROW WILSON INTERNATIONAL CENTER FOR shall be paid to the ‘‘Office of Inspector Gen- U.S.C. 3109. SCHOLARS eral’’ appropriation of the Environmental SALARIES AND EXPENSES Protection Agency. ADMINISTRATIVE PROVISION, SMITHSONIAN INSTITUTION For expenses necessary in carrying out the OFFICE OF NAVAJO AND HOPI INDIAN provisions of the Woodrow Wilson Memorial RELOCATION Notwithstanding any provision of the De- partment of the Interior, Environment, and Act of 1968 (82 Stat. 1356) including hire of SALARIES AND EXPENSES Related Agencies Appropriations Act, 2008 passenger vehicles and services as authorized For necessary expenses of the Office of (Public Law 110—161; 121 Stat. 2140), the by 5 U.S.C. 3109, $12,225,000, to remain avail- Navajo and Hopi Indian Relocation as au- funds provided for ‘‘Smithsonian Institution, able until September 30, 2011. thorized by Public Law 93–531, $8,000,000, to Legacy Fund’’ under such Act may be trans- NATIONAL FOUNDATION ON THE ARTS AND THE remain available until expended: Provided, ferred to and made a part of the appropria- HUMANITIES That funds provided in this or any other ap- tion for ‘‘Smithsonian Institution, Facilities propriations Act are to be used to relocate NATIONAL ENDOWMENT FOR THE ARTS Capital’’ in this Act and utilized by the eligible individuals and groups including GRANTS AND ADMINISTRATION Smithsonian Institution under the same evictees from District 6, Hopi-partitioned terms and conditions that apply to other For necessary expenses to carry out the lands residents, those in significantly sub- funds contained in such appropriation. National Foundation on the Arts and the Hu- standard housing, and all others certified as manities Act of 1965, as amended, $170,000,000 NATIONAL GALLERY OF ART eligible and not included in the preceding shall be available to the National Endow- SALARIES AND EXPENSES categories: Provided further, That none of the ment for the Arts for the support of projects funds contained in this or any other Act may For the upkeep and operations of the Na- and productions in the arts, including arts be used by the Office of Navajo and Hopi In- tional Gallery of Art, the protection and education and public outreach activities, dian Relocation to evict any single Navajo or care of the works of art therein, and admin- through assistance to organizations and indi- Navajo family who, as of November 30, 1985, istrative expenses incident thereto, as au- viduals pursuant to section 5 of the Act, for was physically domiciled on the lands parti- thorized by the Act of March 24, 1937 (50 Stat. program support, and for administering the tioned to the Hopi Tribe unless a new or re- 51), as amended by the public resolution of functions of the Act, to remain available placement home is provided for such house- April 13, 1939 (Public Resolution 9, Seventy- until expended: Provided, That funds appro- hold: Provided further, That no relocatee will sixth Congress), including services as author- priated herein shall be expended in accord- be provided with more than one new or re- ized by 5 U.S.C. 3109; payment in advance ance with sections 309 and 311 of Public Law placement home: Provided further, That the when authorized by the treasurer of the Gal- 108–447. Office shall relocate any certified eligible lery for membership in library, museum, and NATIONAL ENDOWMENT FOR THE HUMANITIES relocatees who have selected and received an art associations or societies whose publica- approved homesite on the Navajo reservation tions or services are available to members GRANTS AND ADMINISTRATION or selected a replacement residence off the only, or to members at a price lower than to For necessary expenses to carry out the Navajo reservation or on the land acquired the general public; purchase, repair, and National Foundation on the Arts and the Hu- pursuant to 25 U.S.C. 640d–10. cleaning of uniforms for guards, and uni- manities Act of 1965, as amended, $170,000,000,

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to remain available until expended, of which penses associated with hosting international SEC. 407. (a) LIMITATION OF FUNDS.—None of $155,700,000 shall be available for support of visitors engaged in the planning and physical the funds appropriated or otherwise made activities in the humanities, pursuant to sec- development of world capitals. available pursuant to this Act shall be obli- tion 7(c) of the Act and for administering the UNITED STATES HOLOCAUST MEMORIAL gated or expended to accept or process appli- functions of the Act; and $14,300,000 shall be MUSEUM cations for a patent for any mining or mill site claim located under the general mining available to carry out the matching grants HOLOCAUST MEMORIAL MUSEUM program pursuant to section 10(a)(2) of the laws. For expenses of the Holocaust Memorial Act including $9,500,000 for the purposes of (b) EXCEPTIONS.—The provisions of sub- Museum, as authorized by Public Law 106–292 section 7(h): Provided, That appropriations section (a) shall not apply if the Secretary of (36 U.S.C. 2301–2310), $48,551,000, of which for carrying out section 10(a)(2) shall be the Interior determines that, for the claim $515,000 for the Museum’s equipment replace- available for obligation only in such concerned: (1) a patent application was filed ment program, $1,900,000 for the museum’s amounts as may be equal to the total with the Secretary on or before September repair and rehabilitation program, and amounts of gifts, bequests, and devises of 30, 1994; and (2) all requirements established $1,243,000 for the museum’s exhibition design money, and other property accepted by the under sections 2325 and 2326 of the Revised and production program shall remain avail- chairman or by grantees of the Endowment Statutes (30 U.S.C. 29 and 30) for vein or lode able until expended. under the provisions of subsections claims and sections 2329, 2330, 2331, and 2333 11(a)(2)(B) and 11(a)(3)(B) during the current PRESIDIO TRUST of the Revised Statutes (30 U.S.C. 35, 36, and and preceding fiscal years for which equal PRESIDIO TRUST FUND 37) for placer claims, and section 2337 of the amounts have not previously been appro- For necessary expenses to carry out title I Revised Statutes (30 U.S.C. 42) for mill site priated. of the Omnibus Parks and Public Lands Man- claims, as the case may be, were fully com- agement Act of 1996, $23,200,000 shall be plied with by the applicant by that date. ADMINISTRATIVE PROVISION (c) REPORT.—On September 30, 2010, the available to the Presidio Trust, to remain None of the funds appropriated to the Na- Secretary of the Interior shall file with the available until expended. tional Foundation on the Arts and the Hu- House and Senate Committees on Appropria- manities may be used to process any grant DWIGHT D. EISENHOWER MEMORIAL tions and the Committee on Natural Re- or contract documents which do not include COMMISSION sources of the House of Representatives and the text of 18 U.S.C. 1913: Provided, That none SALARIES AND EXPENSES the Committee on Energy and Natural Re- of the funds appropriated to the National For necessary expenses, including the costs sources of the Senate a report on actions Foundation on the Arts and the Humanities of construction design, of the Dwight D. Ei- taken by the Department under the plan sub- may be used for official reception and rep- senhower Memorial Commission, $2,000,000 to mitted pursuant to section 314(c) of the De- resentation expenses: Provided further, That remain available until expended. partment of the Interior and Related Agen- funds from nonappropriated sources may be CAPITAL CONSTRUCTION cies Appropriations Act, 1997 (Public Law used as necessary for official reception and 104–208). For necessary expenses of the Dwight D. representation expenses: Provided further, (d) MINERAL EXAMINATIONS.—In order to Eisenhower Memorial Commission for design That the Chairperson of the National Endow- process patent applications in a timely and and construction of a memorial in honor of ment for the Arts may approve grants of up responsible manner, upon the request of a Dwight D. Eisenhower, as authorized by Pub- to $10,000, if in the aggregate this amount patent applicant, the Secretary of the Inte- lic Law 106–79, $10,000,000, to remain avail- does not exceed 5 percent of the sums appro- rior shall allow the applicant to fund a quali- able until expended. priated for grant-making purposes per year: fied third-party contractor to be selected by Provided further, That such small grant ac- TITLE IV—GENERAL PROVISIONS the Bureau of Land Management to conduct tions are taken pursuant to the terms of an (INCLUDING TRANSFERS OF FUNDS) a mineral examination of the mining claims expressed and direct delegation of authority SEC. 401. The expenditure of any appropria- or mill sites contained in a patent applica- from the National Council on the Arts to the tion under this Act for any consulting serv- tion as set forth in subsection (b). The Bu- Chairperson. ice through procurement contract, pursuant reau of Land Management shall have the sole COMMISSION OF FINE ARTS to 5 U.S.C. 3109, shall be limited to those responsibility to choose and pay the third- contracts where such expenditures are a party contractor in accordance with the SALARIES AND EXPENSES matter of public record and available for standard procedures employed by the Bureau For expenses made necessary by the Act public inspection, except where otherwise of Land Management in the retention of establishing a Commission of Fine Arts (40 provided under existing law, or under exist- third-party contractors. U.S.C. 104), $2,294,000: Provided, That the ing Executive Order issued pursuant to exist- SEC. 408. Notwithstanding any other provi- Commission is authorized to charge fees to ing law. sion of law, amounts appropriated to or oth- cover the full costs of its publications, and SEC. 402. No part of any appropriation con- erwise designated in committee reports for such fees shall be credited to this account as tained in this Act shall be available for any the Bureau of Indian Affairs and the Indian an offsetting collection, to remain available activity or the publication or distribution of Health Service by Public Laws 103–138, 103– until expended without further appropria- literature that in any way tends to promote 332, 104–134, 104–208, 105–83, 105–277, 106–113, tion: Provided further, That the Commission public support or opposition to any legisla- 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, is authorized to accept gifts, including ob- tive proposal on which Congressional action 109–289, division B and Continuing Appropria- jects, papers, artwork, drawings and arti- is not complete other than to communicate tions Resolution, 2007 (division B of Public facts, that pertain to the history and design to Members of Congress as described in 18 Law 109–289, as amended by Public Laws 110– of the national capital or the history and ac- U.S.C. 1913. 5 and 110–28), Public Laws 110–92, 110–116, 110– tivities of the Commission of Fine Arts, and SEC. 403. No part of any appropriation con- 137, 110–149, 110–161, 110–329, 111–6, and 111–8 may be used only for artistic display, study, tained in this Act shall remain available for for payments for contract support costs asso- or education. obligation beyond the current fiscal year un- ciated with self-determination or self-gov- NATIONAL CAPITAL ARTS AND CULTURAL less expressly so provided herein. ernance contracts, grants, compacts, or an- AFFAIRS SEC. 404. None of the funds provided in this nual funding agreements with the Bureau of For necessary expenses as authorized by Act to any department or agency shall be ob- Indian Affairs or the Indian Health Service Public Law 99–190 (20 U.S.C. 956a), as amend- ligated or expended to provide a personal as funded by such Acts, are the total ed, $10,000,000. cook, chauffeur, or other personal servants amounts available for fiscal years 1994 to any officer or employee of such depart- through 2009 for such purposes, except that ADVISORY COUNCIL ON HISTORIC ment or agency except as otherwise provided the Bureau of Indian Affairs, federally recog- PRESERVATION by law. nized tribes, and tribal organizations of fed- SALARIES AND EXPENSES SEC. 405. Estimated overhead charges, de- erally recognized tribes may use their tribal For necessary expenses of the Advisory ductions, reserves or holdbacks from pro- priority allocations for unmet contract sup- Council on Historic Preservation (Public grams, projects, activities and subactivities port costs of ongoing contracts, grants, self- Law 89–665, as amended), $5,908,000: Provided, to support government-wide, departmental, governance compacts, or annual funding That none of these funds shall be available agency or bureau administrative functions agreements. for compensation of level V of the Executive or headquarters, regional or central oper- SEC. 409. The Secretary of Agriculture Schedule or higher positions. ations shall be presented in annual budget shall not be considered to be in violation of justifications and subject to approval by the subparagraph 6(f)(5)(A) of the Forest and NATIONAL CAPITAL PLANNING COMMISSION Committees on Appropriations. Changes to Rangeland Renewable Resources Planning SALARIES AND EXPENSES such estimates shall be presented to the Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely be- For necessary expenses, as authorized by Committees on Appropriations for approval. cause more than 15 years have passed with- the National Capital Planning Act of 1952 (40 SEC. 406. None of the funds made available out revision of the plan for a unit of the Na- U.S.C. 71–71i), including services as author- in this Act may be transferred to any depart- tional Forest System. Nothing in this sec- ized by 5 U.S.C. 3109, $8,507,000: Provided, ment, agency, or instrumentality of the tion exempts the Secretary from any other That one-quarter of 1 percent of the funds United States Government except pursuant requirement of the Forest and Rangeland Re- provided under this heading may be used for to a transfer made by, or transfer provided newable Resources Planning Act (16 U.S.C. official reception and representational ex- in, this Act or any other Act. 1600 et seq.) or any other law: Provided, That

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00173 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.145 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7426 CONGRESSIONAL RECORD — HOUSE June 25, 2009 if the Secretary is not acting expeditiously to local non-profit entities, Youth Conserva- any Federal royalties, rents, and bonuses de- and in good faith, within the funding avail- tion Corps or related partnerships with rived from Federal onshore and offshore oil able, to revise a plan for a unit of the Na- State, local or non-profit youth groups, or and gas leases issued under the Outer Conti- tional Forest System, this section shall be small or micro-business or disadvantaged nental Shelf Lands Act (43 U.S.C. 1331 et void with respect to such plan and a court of business: Provided further, That the contract, seq.) and the Mineral Leasing Act (30 U.S.C. proper jurisdiction may order completion of grant, or cooperative agreement is for forest 181 et seq.) into the Ultra-Deepwater and Un- the plan on an accelerated basis. hazardous fuels reduction, watershed or conventional Natural Gas and Other Petro- SEC. 410. No funds provided in this Act may water quality monitoring or restoration, leum Research Fund. be expended to conduct preleasing, leasing wildlife or fish population monitoring, or SEC. 422. Section 302(a) of the Secure Rural and related activities under either the Min- habitat restoration or management: Provided Schools and Community Self-Determination eral Leasing Act (30 U.S.C. 181 et seq.) or the further, That the terms ‘‘rural community’’ Act of 2000 (16 U.S.C. 7142(a)) is amended— Outer Continental Shelf Lands Act (43 U.S.C. and ‘‘economically disadvantaged’’ shall (1) in paragraph (2)(B), by striking ‘‘; and’’ 1331 et seq.) within the boundaries of a Na- have the same meanings as in section 2374 of and inserting a semicolon; tional Monument established pursuant to Public Law 101–624: Provided further, That the (2) in paragraph (3), by striking the period the Act of June 8, 1906 (16 U.S.C. 431 et seq.) Secretaries shall develop guidance to imple- and inserting ‘‘; and’’; and as such boundary existed on January 20, 2001, ment this section: Provided further, That (3) by inserting after paragraph (3), the fol- except where such activities are allowed nothing in this section shall be construed as lowing: ‘‘(4) to reimburse all or part of the under the Presidential proclamation estab- relieving the Secretaries of any duty under costs incurred by the county to pay the sala- lishing such monument. applicable procurement laws, except as pro- ries and benefits of county employees who SEC. 411. In entering into agreements with vided in this section. supervise adults or juveniles performing foreign fire organizations pursuant to the SEC. 413. Unless otherwise provided herein, mandatory community service on Federal Temporary Emergency Wildfire Suppression no funds appropriated in this Act for the ac- lands.’’. Act (42 U.S.C. 1856m-1856o), the Secretary of quisition of lands or interests in lands may SEC. 423. Within the amounts appropriated Agriculture and the Secretary of the Interior be expended for the filing of declarations of in this Act, funding shall be allocated in the are authorized to enter into reciprocal agree- taking or complaints in condemnation with- amounts specified for those projects and pur- ments in which the individuals furnished out the approval of the House and Senate poses delineated in the table titled ‘‘Congres- under said agreements to provide wildfire Committees on Appropriations. sionally Directed Spending’’ included in the services are considered, for purposes of tort SEC. 414. The terms and conditions of sec- explanatory statement accompanying this liability, employees of the fire organization tion 325 of Public Law 108–108, regarding Act. The preceding sentence shall apply in receiving said services when the individuals grazing permits at the Department of the In- addition to the allocation requirements spec- are engaged in fire suppression or terior and the Forest Service shall remain in ified in this Act under the heading ‘‘National presuppression: Provided, That the Secretary effect for fiscal year 2010. Park Service–Historic Preservation Fund’’ of Agriculture or the Secretary of the Inte- SEC. 415. Section 6 of the National Founda- for Save America’s Treasures and under the rior shall not enter into any agreement tion on the Arts and the Humanities Act of heading ‘‘Environmental Protection Agency– under this provision unless the foreign fire 1965 (Public Law 89–209, 20 U.S.C. 955), as State and Tribal Assistance Grants’’ for spe- organization agrees to assume any and all li- amended, is further amended as follows: cial project grants for the construction of ability for the acts or omissions of American (a) in the first sentence of subsection drinking water, wastewater and storm infra- firefighters engaged in fire suppression or (b)(1)(C), by striking ‘‘14’’ and inserting in structure and for water quality protection. presuppression in a foreign country: Provided lieu thereof ‘‘18’’; and SEC. 424. Not later than 120 days after the further, That when an agreement is reached (b) in the second sentence of subsection date on which the President’s Fiscal Year for furnishing fire suppression or (d)(1), by striking ‘‘Eight’’ and inserting in 2011 budget request is submitted to Congress, presuppression services, the only remedies lieu thereof ‘‘Ten’’. the President shall submit a report to the for acts or omissions committed while en- SEC. 416. The item relating to ‘‘National Committee on Appropriations of the House gaged in fire suppression or presuppression Capital Arts and Cultural Affairs’’ in the De- of Representatives and the Committee on shall be those provided under the laws appli- partment of the Interior and Related Agen- Appropriations of the Senate describing in cable to the fire organization receiving the cies Appropriations Act, 1986, as enacted into detail all Federal agency obligations and ex- fire suppression or presuppression services, law by section 101(d) of Public Law 99-190 (99 penditures, domestic and international, for and those remedies shall be the exclusive Stat. 1261; 20 U.S.C. 956a), is amended— climate change programs and activities in remedies for any claim arising out of fire (1) in the second sentence of the first para- fiscal year 2008, fiscal year 2009, and fiscal suppression or presuppression activities in a graph, by striking ‘‘$7,500,000’’ and inserting year 2010, including an accounting of expend- foreign country: Provided further, That nei- ‘‘$10,000,000’’; and itures by agency with each agency identi- ther the sending country nor any legal orga- (2) in the second sentence of the fourth fying climate change activities and associ- nization associated with the firefighter shall paragraph, by striking ‘‘$500,000’’ and insert- ated costs by line item as presented in the be subject to any legal action, consistent ing ‘‘$650,000’’. President’s Budget Appendix. with the applicable laws governing sovereign SEC. 417. Section 339(h) of the Department SEC. 425. Notwithstanding any other provi- immunity, pertaining to or arising out of the of the Interior and Related Agencies Appro- sion of law, none of the funds made available firefighter’s role in fire suppression or priations Act, 2000, as amended, concerning a in this or any other Act may be used to im- presuppression, except that if the foreign fire pilot program for the sale of forest botanical plement any rule that requires mandatory organization is unable to provide such pro- products by the Forest Service, is further reporting of greenhouse gas emissions from tection under laws applicable to it, it shall amended by striking ‘‘September 30, 2009’’ manure management systems. assume any and all liability for the United and inserting ‘‘September 30, 2014’’. SEC. 426. (a) None of the funds made avail- States or for any legal organization associ- SEC. 418. The second sentence of section 2 able in this or any prior Act may be used to ated with the American firefighter, and for (a)(1) of the Mineral Leasing Act (30 U.S.C. release an individual who is detained, as of any and all costs incurred or assessed, in- 201(a)(1); relating to coal bonus bids) does April 30, 2009, at Naval Station, Guantanamo cluding legal fees, for any act or omission not apply for fiscal year 2010. Bay, Cuba, into any of the United States ter- pertaining to or arising out of the fire- SEC. 419. All monies received by the United ritories of Guam, American Samoa (AS), the fighter’s role in fire suppression or States in fiscal year 2010 from sales, bonuses, United States Virgin Islands (USVI), the presuppression. rentals, and royalties under the Geothermal Commonwealth of Puerto Rico and the Com- SEC. 412. In awarding a Federal contract Steam Act of 1970 shall be disposed of as pro- monwealth of the Northern Mariana Islands with funds made available by this Act, not- vided by section 20 of that Act (30 U.S.C. (CNMI). withstanding Federal Government procure- 1019), as in effect immediately before enact- (b) None of the funds made available in ment and contracting laws, the Secretary of ment of the Energy Policy Act of 2005 (Pub- this or any other prior Act may be used to Agriculture and the Secretary of the Interior lic Law 109-58), and without regard to the transfer an individual who is detained, as of (the ‘‘Secretaries’’) may, in evaluating bids amendments contained in sections 224(b) and April 30, 2009, at Naval Station, Guantanamo and proposals, give consideration to local section 234 of the Energy Policy Act of 2005 Bay, Cuba, into any of the United States ter- contractors who are from, and who provide (42 U.S.C. 17673). ritories of Guam, American Samoa (AS), the employment and training for, dislocated and SEC. 420. Section 331(e) of the Department United States Virgin Islands (USVI), the displaced workers in an economically dis- of the Interior and Related Agencies Appro- Commonwealth of Puerto Rico and the Com- advantaged rural community, including priations Act, 2001, (Public Law 106-291), as monwealth of the Northern Mariana Islands those historically timber-dependent areas added by section 336 of division E of the Con- (CNMI), for the purposes of detaining or that have been affected by reduced timber solidated Appropriations Act, 2005 (Public prosecuting such individual, until 2 months harvesting on Federal lands and other forest- Law 108-447), concerning cooperative forestry after the plan described in subsection (c) is dependent rural communities isolated from agreements known as the Colorado Good received. significant alternative employment opportu- Neighbor Act Authority is amended by strik- (c) The President shall submit to the Con- nities: Provided, That notwithstanding Fed- ing ‘‘September 30, 2009’’ and inserting ‘‘Sep- gress, in writing, a comprehensive plan re- eral Government procurement and con- tember 30, 2013’’. garding the proposed disposition of each in- tracting laws the Secretaries may award SEC. 421. None of the funds in this or any dividual who is detained, as of April 30, 2009, contracts, grants or cooperative agreements other Act shall be used to deposit funds from at Naval Station, Guantanamo Bay, Cuba,

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00174 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.145 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7427 who is not covered under subsection (d). The Acting CHAIR. Pursuant to rior Department plan to build an ur- Such plan shall include, at a minimum, each House Resolution 578, the gentleman gently needed new wildfire facility, but of the following for each such individual: from Nevada (Mr. HELLER) and a Mem- it is clearly premature to cut off fund- (1) The findings of an analysis regarding ber opposed each will control 5 min- ing for this proposal. The environ- any risk to the national security of the United States that is posed by the transfer of utes. mental analysis is still out for public the individual. The Chair recognizes the gentleman review. We should not halt this impor- (2) The costs associated with not transfer- from Nevada. tant project before the analysis and the ring the individual in question. Mr. HELLER. Madam Chairwoman, I public input can be analyzed and con- (3) The legal rationale and associated court thank the chairman and ranking mem- sidered. demands for transfer. ber for the opportunity to present this Carson City is a fire-prone area. It is (4) A certification by the President that amendment on the floor today. really important for the Federal agen- any risk described in paragraph (1) has been My amendment prohibits the site- cies to move ahead with an interagency mitigated, together with a full description of specific construction of a Bureau of center so they can be more efficient the plan for such mitigation. Land Management facility in a residen- and effective firefighters. This new (5) A certification by the President that tial neighborhood in Carson City, Ne- the President has submitted to the Governor joint facility will support the Silver and legislature of the State or territory (or, vada. It is also of note that this amend- Hotshot Group, a key part of the fire- in the case of the District of Columbia, to ment solely impacts my district. In Ne- fighting force. the Mayor of the District of Columbia) to vada, approximately 85 percent of the The Interior Department has already which the President intends to transfer the land is controlled by the Federal Gov- spent funds for the planning and design individual a certification in writing at least ernment; 67 percent of this land base is of this particular project, so we should 30 days prior to such transfer (together with controlled by the Bureau of Land Man- not stop or unduly delay its implemen- supporting documentation and justification) agement. In other words, they own tation. Both the Interior Department that the individual does not pose a security about 48 million acres of property with- risk to the United States. and the Forest Service have budgeted (d) None of the funds made available in in the State of Nevada. some of their limited infrastructure this or any prior Act may be used to transfer The Bureau of Land Management is funding for this badly needed project. or release an individual detained at Naval currently in the comment phase for a I understand the gentleman from Ne- Station, Guantanamo Bay, Cuba, as of April proposed interagency fire center on ap- vada has concerns. I pledge to work 30, 2009, to a freely associated State, unless proximately 15 acres of Federal land in with him as this bill moves forward to the President submits to the Congress, in Carson City, Nevada, near a large be sure that his constituents’ concerns writing, at least 30 days prior to such trans- neighborhood. fer or release, the following information: are heard and fully considered. We all While I, along with my constituents, want to improve the firefighting capac- (1) The name of any individual to be trans- support the construction of the inter- ferred or released and the freely associated ity and protect neighborhoods and agency fire center and believe the facil- State to which such individual is to be trans- wildlands. ferred or released. ity will help with combating cata- This amendment was not brought to (2) An assessment of any risk to the na- strophic wildfires, BLM’s proposed lo- our attention, the committee’s atten- tional security of the United States or its cation for this particular facility is tion, until very late in the process. Had citizens, including members of the Armed problematic. The proposed location is we known, we could have taken an op- Services or the United States, that is posed in a community of nearly 300 homes. portunity to talk to the Department, by such transfer or release and the actions Local residents are opposed to the loca- taken to mitigate such risk. to hear the gentleman’s views. He did tion, and the Carson City Board of Su- not come to the committee and testify. (3) The terms of any agreement with the pervisors, our county commission, re- freely associated State for the acceptance of There was an opportunity for Members such individual, including the amount of any cently passed a resolution voicing its to testify. He chose not to do that. opposition to the proposed location of financial assistance related to such agree- So I think that this is an amendment the fire center. The BLM has under ment. that comes late, is not favored by the (e) In this section, the term ‘‘freely associ- consideration multiple sites for this administration, is actually going to ated States’’ means the Federated States of particular facility, all of which are bet- weaken our firefighting capability and Micronesia (FSM), the Republic of the Mar- ter suited than the chosen location. this is something that is serious be- shall Islands (RMI), and the Republic of Madam Chairwoman, my amendment cause people’s lives are at stake. So I Palau. prohibits the funds for the construc- urge a ‘‘no’’ vote on this misguided The Acting CHAIR. The Clerk will tion of this facility at this specific 15- amendment. read. acre location in Carson City and allows I reserve the balance of my time. The Clerk read as follows: for the facility to be built at any of the Mr. HELLER. Madam Chairwoman, I SEC. 427. Notwithstanding any other provi- alternative sites in the area. sion of law, none of the funds made available I want to express my support again yield 1 minute to the gentleman from in this or any other Act may be used to pro- Idaho (Mr. SIMPSON). mulgate or implement any regulation requir- for an additional interagency fire cen- ter in Nevada; it just doesn’t make Mr. SIMPSON. I thank the gen- ing the issuance of permits under title V of tleman for yielding. the Clean Air Act for carbon dioxide, nitrous sense to build this facility in a residen- oxide, water vapor, or methane emissions re- tial neighborhood. First of all, this doesn’t cut off fund- sulting from biological processes associated I urge my colleagues to support the ing for the fire center. What it does is with livestock production. will of the people, the will of the local cut off funding for the fire center in b 2230 governments, and please support this that location. It doesn’t matter wheth- er the environmental review is done or PART B AMENDMENT NO. 3 OFFERED BY MR. amendment. Again, the Bureau of Land Manage- not if that location is not acceptable to HELLER the local residents. Mr. HELLER. Madam Chairman, I ment, the Federal Government owns 84 One of the things in dealing with have an amendment at the desk. million acres, and they choose to put The Acting CHAIR. The Clerk will this facility next to a neighborhood. Federal agencies that own a majority designate the amendment. There are a lot of other alternative of the land surrounding you is that The text of the amendment is as fol- sites that I support and would support sometimes they are good neighbors, lows: moving forward, just not this par- and sometimes they aren’t. But local Part B amendment No. 3 offered by Mr. ticular area. people ought to have some say in these HELLER: I reserve the balance of my time. Federal agencies’ decisions of where Page 119, after line 22, insert the following: Mr. DICKS. Madam Chair, I rise to they are going to locate facilities and SEC. lll. None of the funds made avail- claim the time in opposition. so forth. able by this Act may be used to build a Car- The Acting CHAIR. The gentleman So just saying this area, this location son Interagency Fire Facility on the ap- that you are looking at is inappro- proximately 15 acres of Federal land man- from Washington is recognized for 5 aged by the Bureau of Land Management and minutes. priate, as the Board of County Commis- located east of the corner of South Edmonds Mr. DICKS. I understand that citi- sioners apparently has said, seems to Drive and Koontz Lane in Carson City, Ne- zens and the Carson City Board of Su- me to be entirely appropriate, and Con- vada. pervisors are concerned about the Inte- gress ought to look at their wishes.

VerDate Nov 24 2008 07:14 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00175 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.145 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7428 CONGRESSIONAL RECORD — HOUSE June 25, 2009 And I guarantee you in Nevada there from Ohio (Mr. JORDAN) and a Member what we were functioning on just 9 are a lot of places that they could build opposed each will control 5 minutes. months ago. this fire center that apparently The Chair recognizes the gentleman I reserve the balance of my time. wouldn’t cause the controversy that is from Ohio. Mr. DICKS. Madam Chairman, I rise Mr. JORDAN of Ohio. Madam Chair, being caused in this local community. to claim the time in opposition. And when the Representative from let me first thank the ranking member The Acting CHAIR. The gentleman that area comes to me and says this is from Idaho for his work on this legisla- from Washington is recognized for 5 a problem, then I have to believe the tion and the chairman. In fact, the minutes. people who sent him here. I support the chairman and I spoke earlier this amendment. evening about this amendment. We Mr. DICKS. This amendment would Mr. DICKS. I urge a ‘‘no’’ vote on joked around. I told him he might be harm this bill dramatically and would this amendment, and I yield back the for it, but I doubt he would be, actu- shortchange America’s vitally needed balance of my time. ally. environmental conservation and Native Mr. HELLER. Madam Chairwoman, Earlier this week, in fact, Tuesday, American programs. just to reiterate what was said, and I Wednesday and Thursday of this week, As our former colleague, Silvio want to thank the gentleman from the Treasury auctioned off $104 billion Conte, would say: This is a mindless, Idaho who has a real good under- of Treasury bills; $104 billion of debt we meat ax approach. It makes no choices standing of what it means to have pub- sold this week, the largest amount ever based on need or the merits of the pro- lic lands and have the Federal Govern- sold by this country. The reason we grams. This reduction is the equivalent ment own a tremendous amount of had to sell that much debt is because of a 17.8 percent cut. This is completely property within your State, within the we are spending too much money. In irresponsible. This is not just an ac- boundaries. Again, I think it was very fact, we are spending so much that counting change on a spreadsheet. Cut- clear. I think at times we think here in over the next decade, think about this, ting $5.75 billion from the bill would Washington we know what is better for over the next decade, we are going to have serious consequences on health, the local communities. Again, I think take the national debt, which is now jobs, energy programs, young people it is important to understand that you $11 trillion, we are going to take it to and wild places. can have a small community some- $23 trillion. The Environmental Protection Agen- where in the State of Nevada and have Think about what it takes to pay cy would be reduced by $1.8 billion. all Federal land surrounding it. that off. Think about what our kids This would seriously impair environ- I think there should be a voice in this and grandkids are going to have to do mental protection, science programs, process and the voice should come from to pay that off. First, you have to bal- and hazardous area remediation. Fund- the people; it should come from the ance a budget; then you have to run a ing for efforts to help local commu- local government and not be pushed trillion-dollar surplus for 23 years in a nities with repairs to their aging water down to them through Washington. row, and that doesn’t even count the and wastewater infrastructure would I think this is a great amendment. I interest which is now approaching a be reduced by $700 million. This would would continue to urge my colleagues billion dollars a day. Spending is cer- mean that approximately 400 commu- to please support this particular tainly out of control. nities would not receive the financial amendment. It is very ripe. It just hap- So this amendment is real simple. assistance they need to repair and im- pened recently. I don’t believe this This amendment says, you know what, prove water and sewer infrastructure. could have been brought before the let’s do what all kinds of families are Despite the fact that 76 million committee because it just happened doing, what all kinds of taxpayers Americans live within 4 miles of a within the last couple of days with the across this country are doing, what all toxic waste site, the amendment cuts vote by the board of supervisors. kinds of small business owners across I thank the chairman and the rank- this country are doing: let’s live on ex- $233 million from programs to clean up ing member for the time and effort to actly what we were functioning on, the Nation’s most toxic and hazardous be able to bring this particular amend- what the Federal Government was waste sites. It reduces the landmark ef- ment to the floor. I urge my col- functioning on just 1 year ago. In fact, fort to clean up the Great Lakes by $85 leagues’ positive support. it wasn’t even 1 year ago. It was 9 million, thus jeopardizing the cleanup I yield back the balance of my time. months ago we were still going on a of toxic sediments in the lakes and The Acting CHAIR. The question is continuing resolution for 2008, living harming the aquatic plants and ani- on the amendment offered by the gen- on the 2008 appropriated levels. Let’s mals which humans depend upon. tleman from Nevada (Mr. HELLER). do that. Our national parks would be cut by The question was taken; and the Act- Instead of increasing spending in this $485 million. It includes a $403 million ing Chair announced that the noes ap- bill by 21 percent over what we were reduction below the President’s request peared to have it. functioning on just 9 months ago, let’s for the basic operational costs of the Mr. HELLER. Madam Chairman, I do what all kinds of families and tax- 395 units of the national park system. demand a recorded vote. payers, all kinds of small business own- As an example, Yosemite would lose The Acting CHAIR. Pursuant to ers across this country are doing. In $3.6 million; Yellowstone, $4.6 million; clause 6 of rule XVIII, further pro- fact, unemployment in my district the Independence Mall in Philadelphia, ceedings on the amendment offered by runs anywhere from 10 to 16 percent in $2.8 million. This reduction is the the gentleman from Nevada will be the 11 counties I have the privilege of equivalent of closing 75 national park postponed. representing. There are families, there units. Many visitors would find closed PART B AMENDMENT NO. 4 OFFERED BY MR. are small business owners, there are national parks when they go on vaca- JORDAN OF OHIO taxpayers in the Fourth Congressional tion or on educational trips, reducing Mr. JORDAN of Ohio. I have an District of Ohio who are living on the entire tourism industry and harm- amendment at the desk. something less than what they were ing the economy of many cities and The Acting CHAIR. The Clerk will living on just 9 months ago. But some- communities. designate the amendment. how the Federal Government can never It rejects $1.2 billion for programs The text of the amendment is as fol- get by on less. It is only the families that have received bipartisan support lows: and taxpayers who have to do that. by cutting $721 million out of Indian Part B amendment No. 4 offered by Mr. Again, my amendment is pretty health care programs. This proposal JORDAN of Ohio: At the end of the bill (before the short straightforward. It says, let’s go back would deny critically needed services title), insert the following: to where we were just 9 months ago. to thousands of Native Americans. SEC. lll. Appropriations made in this The government should be able to func- More than 2 million Native Americans Act are hereby reduced in the amount of tion on that amount of money, and it would be denied inpatient and out- $5,750,000,000. reduces the appropriation amount in patient health care services and more The Acting CHAIR. Pursuant to this bill by $5.750 billion. Again, that than 4,000 cancer screenings would be House Resolution 578, the gentleman amount is a 21 percent increase over eliminated.

VerDate Nov 24 2008 06:33 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00176 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.222 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7429 It takes $90 million out of the al- But if you never hold the line, you The text of the amendment is as fol- ready struggling Indian education pro- never get to the first step. This is a lows: grams, leaving even more Indian chil- modest first step. We still know we’ve Part B amendment No. 6 offered by Mr. dren without adequate education pro- got trillions of dollars in debt we’ve STEARNS: grams. got to deal with. We can’t even take At the end of the bill (before the short It reduces overall funding for fire- the first step. That’s what is so frus- title), insert the following: fighting by $652 million at a time when SEC. ll. Each amount appropriated or trating—and, frankly, in my mind, so otherwise made available by this Act for the we are facing another dangerous wild- ridiculous—about this place is we can Environmental Protection Agency that is fire season. Many small fires would es- never even just say let’s just stop. not required to be appropriated or otherwise cape initial attack, leading to many Let’s do what Americans all over this made available by a provision of law is here- more large wildfires that harm water- country are having to do. We can never by reduced by 38 percent. sheds and cost far more money in do that. And the Democrats just read The Acting CHAIR. Pursuant to emergency firefighting and recovery off a bunch of lists, oh, this, this and House Resolution 578, the gentleman costs. this—that’s baloney. We just want to from Florida (Mr. STEARNS) and a It cuts 1,700 firefighters, shuts down hold the line, and everyone across this Member opposed each will control 5 more than 50 firefighter stations, and country understands that. minutes. significantly reduces air tanker sup- Let’s hold the line. Let’s pass this The Chair recognizes the gentleman port. It decimates preparedness efforts amendment and take that first step to- from Florida. by failing to provide critical support wards becoming fiscally responsible Mr. STEARNS. Madam Chairman, I for initial attacks, and could allow as and exercising a little discipline in this am not going to take all my time. I many as 600 more wildfires to escalate. Congress for a change. think my amendment is going to have b 2245 Madam Chairman, I yield back the a very difficult time passing. This would lead to larger, more dam- balance of my time. I have heard the gentleman’s argu- aging and much more expensive fires, Mr. DICKS. Again I want to say that ments on many occasions. He and I the kind that costs in excess of $100 our committee held countless oversight have gone toe to toe on 1 percent cuts, million to extinguish. hearings. We made cuts, $300 million in 2 percent cuts, the National Endow- So I think this is a very bad amend- cuts. ment for the Arts. We have been ment. It hurts the Fish and Wildlife I would also say that this part of the through this. Service. It hurts the Forest Service. budget, under the previous administra- I would just say simply that my So I urge a ‘‘no’’ vote on this amend- tion was reduced, Interior Department, amendment freezes the total amount of ment and reserve the balance of my by 16 percent, the EPA by 29 percent, spending in the bill for the Environ- time. the Forest Service by 35 percent. So mental Protection Agency at the cur- Mr. JORDAN of Ohio. Madam Chair, this will help bring back these impor- rent level. Now, I know you are going there they go again. I think the chair- tant programs. I mean, we are talking to scream and holler on that, but with man’s words were ‘‘irresponsible meat- about health care in the Indian Health the economy contracting and unem- ax approach.’’ This is not a cut. This is Service. ployment rising, it would simply be ir- not a cut. This is saying let’s hold the Mr. OBEY made a decision. President responsible to increase the EPA by al- line. This is taking the first step—what Obama made a decision. It went most 40 percent, and that’s what you’re I would say is a pretty modest first through OMB. Many of the people on doing here. You are increasing the EPA step—towards trying to rein in spend- the other side of the aisle have no trust by 40 percent during a fiscal crisis. In ing so we don’t saddle future genera- in the Congress, but this budget came fact, when combined with funding ap- tions of Americans with this enormous from the administration. The adminis- proved earlier this year in the fiscal step. tration looked at all these programs, year 2009 omnibus budget bill and the If you don’t take this first step and And every earmark we had in this bill stimulus bill, the EPA will receive say, let’s hold the line, let’s freeze was vetted by the administration. So more than $25 billion in a single cal- where we’re at, you never have to this has been carefully put together. endar year, which is equal to more prioritize, it’s just the band plays on. I spent 33 years on this committee, than three-fourths of the entire Inte- We’ll just keep increasing. We’ll just and I’ll tell you this, we know what rior Appropriations budget. So that is keep spending. We’re saying, well, we we’re doing. We support the Park Serv- my say for tonight. never have to decide which programs ice, the Fish and Wildlife Service. Madam Chair, my amendment is very make sense, which ones should be These are great institutions that de- straightforward. It would freeze the total eliminated, which ones are redundant. serve our support, and to have some- amount of spending in this bill for the Environ- You never have to make the tough body come in here and accuse us of not mental Protection Agency at the current level. calls. You just keep spending, which is, doing our work is an insult to me and With the economy contracting and unemploy- frankly, the easiest thing in the world to Mr. SIMPSON because we have done ment rising, it would simply be irresponsible to for politicians to do, spend and spend our work. We know what’s in this bill, increase spending for the EPA by 38 percent and spend, borrow and borrow and bor- and it’s a good bill. during this fiscal crisis. In fact, when combined row, tax and tax and tax. Well, that’s I urge a ‘‘no’’ vote on this amend- with funding approved earlier this year in the pretty easy for this place to do. The ment and yield back my time. fiscal year 2009 Omnibus and the ‘‘stimulus’’ tough thing is usually the right thing. The Acting CHAIR. The question is bill, the EPA will receive more than $25 billion I had a coach in high school. He on the amendment offered by the gen- in a single calendar year, which is equal to talked about discipline every stinking tleman from Ohio (Mr. JORDAN). more than three-fourths of the entire Interior day. I used to get sick and tired of The question was taken; and the Act- Appropriations bill. hearing about it. And he said that dis- ing Chair announced that the noes ap- Americans are seeing their family budgets cipline is doing what you don’t want to peared to have it. get smaller and smaller, while Congress con- do when you don’t want to do it. Basi- Mr. JORDAN of Ohio. Madam Chair- tinues to spend and spend. I don’t think it is cally that meant doing it his way when man, I demand a recorded vote. too much to expect Congress to make the you would rather do it your way. It The Acting CHAIR. Pursuant to same scarifies that millions of Americans are meant doing it the right way, the clause 6 of rule XVIII, further pro- making everyday. tough way, the difficult way when you ceedings on the amendment offered by Providing a 17 percent overall increase in would rather do it the easy and conven- the gentleman from Ohio will be post- total funding in this bill—and an astonishing 38 ient way. The easy and convenient way poned. percent increase for the EPA—when our coun- is to continue to spend and spend and PART B AMENDMENT NO. 6 OFFERED BY MR. try is experiencing the worst economic crisis in spend. The tough thing to do is to say STEARNS decades is the height of irresponsibility. We let’s hold the line and then let’s figure Mr. STEARNS. Madam Chair, I have must hold the line on spending and make out which programs actually make an amendment at the desk. sound budget choices that are sustainable and sense, and I trust the gentlemen here The Acting CHAIR. The Clerk will that do not rely on continued deficits and bor- on the committee to do that. designate the amendment. rowing.

VerDate Nov 24 2008 07:14 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00177 Fmt 7634 Sfmt 9920 E:\CR\FM\K25JN7.225 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7430 CONGRESSIONAL RECORD — HOUSE June 25, 2009 Families across my congressional district The great water bodies are not just again, I have to say this again, and it and all across the country are having to tight- the Great Lakes, the Chesapeake Bay, pains me every time I say it, but over en their belts during this tough economic time. and the Gulf of Mexico. If you rep- the last 8 years, the Interior Depart- I don’t think it is too much to expect Congress resent a district that borders any of ment was cut by 16 percent; EPA was to do the same. We need to set the example. these water bodies, this amendment cut by 29 percent. So this is a little bit This Congress and President Obama con- will cut the funding your community of help to get back to an approach that tinue to ignore the fact that their reckless depends on to help protect them: Mo- can deal effectively with some of the spending will bury our children and grand- bile Bay, Alabama; San Francisco Bay; most important and sensitive programs children under a mountain of debt. Since Morro Bay, California; Santa Monica we have in this country: the Superfund 1970, federal spending has increased 221 per- Bay; Long Island Sound; Delaware Es- sites, our wastewater treatment, our cent, nearly nine times faster than median in- tuary; Tampa Bay; Sarasota Bay; Char- clean water. come. In 2008, publicly held debt, as a per- lotte Harbor, Florida; Indian River La- When you ask the American people, centage of the GDP was 40.8 percent, nearly goon, Florida; Barataria Terrebonne, do you want clean water, do you want five points below the historical average. Under Louisiana; Casco Bay, Maine; Maryland safe drinking water, it’s a 99 percent President Obama’s budget, this figure would coastal bays; Massachusetts Bay; Nar- issue. So to stand up here and say we’re more than double to 82.4 percent by 2019. ragansett Bay; New Hampshire estu- going to have draconian cuts of the My colleague from Washington, Chairman aries; New York/ New Jersey Harbor; money for the revolving funds that are DICKS, stated during the markup of the Barnegat Bay, New Jersey; Peconic Es- going to provide that clean water, it is FY2010 Interior, Environment and Related tuary; Albemarle Pamlico Sound; unthinkable. And I know the gen- Agencies Appropriations Bill that, ‘‘this Bill Lower Columbia River; Tillamook Bay, tleman wants me to stop. It must be demonstrates a clear break from the past.’’ He Oregon; San Juan Bay, Puerto Rico; painful. The truth is always painful. is most certainly correct. This bill dem- Coastal Bend Bays, Texas; and Gal- Madam Chairman, I ask for a ‘‘no’’ onstrates a clear break from sound fiscal pol- veston Bay, Texas. vote and yield back the balance of my icy and instead ushers in a new era of reck- I would warn Members that 151 Mem- time. less out of control spending that will saddle bers of this body whose districts border The Acting CHAIR. The question is families with oppressive levels of debt for gen- one of these estuaries that I mentioned on the amendment offered by the gen- erations to come. will see that their funding will be cut tleman from Florida (Mr. STEARNS). There is plenty of blame to go around for for these important programs. The question was taken; and the Act- the out of control spending. At some point, we A reduction of this size would mean ing Chair announced that the noes ap- have to stand up and say stop. We still have the EPA would stop construction and peared to have it. much work to do but we can start with this demobilize 8 to 10 large, high-cost on- Mr. STEARNS. Madam Chairman, I amendment. going Superfund projects such as the demand a recorded vote. Passing this amendment will send a strong Welsbach site in New Jersey, the Tar The Acting CHAIR. Pursuant to message to the American people that Con- Creek site in Oklahoma, and the New clause 6 of rule XVIII, further pro- gress is serious about reigning in this out of Bedford site in Massachusetts. EPA ceedings on the amendment offered by control government spending. As families would not be able to start any new the gentleman from Florida will be across America continue to tighten their belt, Superfund sites in 2010 after years of postponed. Congress needs to do the same. reduction under the previous adminis- PART C AMENDMENT NO. 1 OFFERED BY MR. I urge my colleagues to support this amend- tration. CAMPBELL ment. EPA estimates that a reduction of Mr. CAMPBELL. Madam Chair, I rise Madam Chairman, I reserve the bal- this size would prohibit them from as the designee of the gentleman from ance of my time. completing construction at as many as Arizona (Mr. FLAKE) with amendment Mr. DICKS. Madam Chair, I rise to nine Superfund sites in 2010 and 2011. No. 22. seek the time in opposition. This reduction would mean EPA would The Acting CHAIR. The Clerk will The Acting CHAIR. The gentleman not properly certify new vehicles, fuels, designate the amendment. from Washington is recognized for 5 and engines sold in the United States The text of the amendment is as fol- minutes. to make sure they conform to EPA’s lows: Mr. DICKS. I urge Members to oppose emission standards. And 217 tribes Part C Amendment No. 1 offered by Mr. this amendment. The gentleman from would lose funding for their environ- CAMPBELL: Florida would not have believed it if I At the end of the bill (before the short mental programs. A 38 percent reduc- title), insert the following: had accepted his amendment, and of tion to the EPA would impact every course I can’t accept it because this SEC. ll. None of the funds provided in program they administer. But most im- this Act under the heading ‘‘National Park amendment is not a good amendment. portantly, this reduction would affect Service—Construction’’ shall be available for The gentleman says that this amend- every American who wants to drink the Restore Good Fellow Lodge project at In- ment would reduce the EPA to the fis- clean water and breathe clean air. diana Dunes National Lakeshore in Porter, cal year 2009 funding level, but let’s Let me remind the Members, we all Indiana, and the amount otherwise provided talk about what it will really do. have an environment in our districts, under such heading is hereby reduced by A reduction of 38 percent to the funds so I urge a strong ‘‘no’’ vote on the $1,000,000. provided in this bill for EPA would Stearns amendment. The Acting CHAIR. Pursuant to equal a $3.975 billion cut. That would Madam Chairman, I reserve the bal- House Resolution 578, the gentleman eliminate all the funding for the Clean ance of my time. from California (Mr. CAMPBELL) and a Water and Drinking Water State Re- Mr. STEARNS. Madam Chairman, I Member opposed each will control 5 volving Funds, and 27,000 fewer con- would say to the gentleman, did he minutes. struction jobs would be created know that they found a water bay on The Chair recognizes the gentleman through construction of water and Saturn, the planet Saturn? And using from California. wastewater infrastructure. That means your line of reasoning, we should also Mr. CAMPBELL. Madam Chairman, almost 1,500 communities across this consider funding for this new water bay this amendment would strike $2 mil- country would not receive assistance on Saturn. lion that is currently in the bill in to repair and build drinking water and This is not a reduction. This is not a funding to install a municipal water wastewater infrastructure. cut. This is simply a freeze. And I line to the Good Fellow Lodge at the It was the previous administration would ask the gentleman: How many Indiana Dunes National Lakeshore in that reported a $662 billion gap between people in your congressional district Porter, Indiana. The Good Fellow what our communities will need to are getting a 38 percent increase this Youth Camp was operated by U.S. spend and the funds they have to do it year in their salary? And how can you Steel from 1941 to 1976, the only one of with. This reduction would mean that justify a 38 percent increase on EPA? its kind ever operated by U.S. Steel, the great water bodies of this country With that, Madam Chairman, I yield and the facility offered summer camp will not receive the funding to help re- back the balance of my time. opportunities for children of U.S. Steel store and protect these special natural Mr. DICKS. I will answer the gentle- employees who worked in the nearby resources. man’s question. I want you to know, Gary Works Steel plant.

VerDate Nov 24 2008 06:43 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00178 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JN7.155 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7431 The National Park Service purchased 1977, 32 years ago. He also indicated, appreciate the gentleman’s passion for this camp in 1976 for inclusion within correctly, the deferred maintenance the project. But as I mentioned before, the National Lakeshore, and given this budget under the General Account- that is not the point. historic background and involvement ability Office. The point, I believe, is that there are with the community, I can understand But I would point out that the $1 mil- 434 others of us who have parks that we why the gentleman from Indiana has a lion designated in this bill—and I ap- may believe are greater in need than desire to preserve the Good Fellow preciate the consideration of the Chair this or are just in as much need as this. Lodge. In fact, Madam Chair, in the and the ranking member for including Is this the way that we should allocate world of earmarks out there, this is not it—goes much beyond the issue of pres- scarce resources around the various na- one that’s being given to a private ervation. The fact is that it has a lot to tional parks that we have in the coun- company without bidding. This is one do with education. try? I think it’s not. that actually does have a Federal The installation of the water line and With that, I yield back the balance of nexus because it’s a national park. the subsequent restoration of the lodge my time. That is not what is at issue here. would allow the Dunes Learning Center Mr. VISCLOSKY. I would simply According to the Government Ac- at which this lodge is located to expand close by making the observation that countability Office, in 2008, the Depart- their current educational program. The the gentleman talks about other parks, ment of the Interior had a backlog of learning center provides valuable but we are a society. Taxpayers in deferred maintenance projects totaling hands-on experience and inspires envi- northwest Indiana pay for projects that between $13.2 and $19.4 billion. In other ronment and environmental steward- potentially reduce flooding in a city words, somewhere from $13 to $19 bil- ship among the citizens of northwest like Dallas, Texas. The taxpayers in lion is how much money the Govern- Indiana. the State of Illinois may pay taxes to ment Accountability Office believes Since its inception in 1998, over 48,000 make an investment at Oak Ridge in the Department of the Interior needs students have participated in the pro- the State of Tennessee that, at first to bring all of the various park projects gram, including a record 5,578 last blush, may have nothing to do with up to snuff. year. For these thousands of learners, their interests but enure to the bene- And we hear about crumbling infra- the Environmental Education Center, fits of everyone in the United States. structure, and Federal funds are not which the Good Fellow Lodge is in- The fact is that this is a national park. immune from that. To put that amount tended to be part of, is increasing each It enures to the benefit of every citizen in perspective, the $13 to $19 billion, visitor’s enjoyment and understanding of the United States. And I ask for my the entire budget of the Department of of the parks and to allow visitors to colleagues to oppose the amendment. the Interior in this bill is $11 million, care about the parks on their own I yield back the balance of my time. so it’s more than an entire year’s budg- terms. The Acting CHAIR. The question is et of the Department of Interior. This is not just about preservation. It on the amendment offered by the gen- is also about reducing future costs for tleman from California (Mr. CAMP- b 2300 the National Park Service. The fact is BELL). So, the question before us, Madam that the project would reduce National The question was taken; and the Act- Chair, is: With all these needs, billions Park Service maintenance and oper- ing Chair announced that the noes ap- of dollars of need in parks all around ation costs. Internal filtering and peared to have it. the country, is this the right way to al- chlorination systems for the wells that Mr. CAMPBELL. Madam Chair, I de- locate $2 million, that we take $2 mil- are currently on site must be main- mand a recorded vote. lion from the Park Service’s budget, tained at each site with daily and The Acting CHAIR. Pursuant to which clearly they believe is inad- weekly sampling and expensive labora- clause 6 of rule XVIII, further pro- equate to take care of the needs of tory testing to satisfy State health ceedings on the amendment offered by parks and allocate it on the basis of a standards. the gentleman from California will be Member’s request? Or would it be bet- Currently, the park operates and postponed. ter to be allocating these funds on the maintains all pumps and water lines. PART D AMENDMENT NO. 3 OFFERED BY MR. basis of need or on the basis of use or And this project would allow the park CAMPBELL on the basis of someone looking at all staff to focus on other high-priority as- Mr. CAMPBELL. I have an amend- of the potential park projects and sets in the park. ment at the desk. needs around the country and deter- And I would also point out that it has The Acting CHAIR. The Clerk will mining which ones meet a threshold re- something to do with the issue of safe- designate the amendment. quirement rather than do this by a ty. A municipal water supply line will The text of the amendment is as fol- Member request, because every Mem- increase supply in water pressure that lows: ber could have parks they could re- will improve fire suppression for the Part D amendment No. 3 offered by Mr. quest for their districts. student cabins that are at site and en- CAMPBELL: I will reserve the balance of my time. sure quality of potable water consumed At the end of the bill (before the short Mr. VISCLOSKY. Madam Chair, I by the children. title), insert the following: seek recognition in opposition. So I do think this is very deserving SEC. ll. None of the funds provided in The Acting CHAIR. The gentleman is this Act under the heading ‘‘National Park and goes beyond the issue of preserva- Service—Historic Preservation Fund’’ shall recognized for 5 minutes. tion. be available for the Village Park Historic Mr. VISCLOSKY. Before I proceed, Mr. DICKS. Would the gentleman Preservation project of the Traditional Arts just for clarification, if I could ask the yield? in Upstate New York, Canton, New York, and gentleman from California a question. Mr. VISCLOSKY. I would be happy to the first, second, and fourth dollar amounts Did you indicate that that was an yield. under such heading are each hereby reduced amount of $1 million or $2 million? Mr. DICKS. I want the gentleman to by $150,000. Mr. CAMPBELL. Mine said $2 mil- know that this amendment, you put it The CHAIR. Pursuant to House Reso- lion. Is that in error? on your Web site. We looked at it very lution 578, the gentleman from Cali- Mr. VISCLOSKY. I would suggest to carefully. And we feel that this is a to- fornia (Mr. CAMPBELL) and a Member the gentleman that it is $1 million and tally justified amendment. We strongly opposed each will control 5 minutes. that his statement was not correct. support it. The Chair recognizes the gentleman Mr. CAMPBELL. I will accept the We checked with the Park Service, from California. gentleman’s correction. He would know and the Park Service strongly supports Mr. CAMPBELL. Madam Chair, this better than I. it. amendment strikes $150,000—I hope I Mr. VISCLOSKY. Madam Chair, the Mr. VISCLOSKY. I appreciate the have the amount correct this time—al- gentleman talked about the preserva- gentleman’s remarks. located to the Traditional Arts in up- tion of the Good Fellow Lodge that, as I reserve the balance of my time. state New York in Canton, and reduces he rightfully indicated, became pos- Mr. CAMPBELL. Madam Chair, I ap- the overall funding in the bill by that sessed by the National Park Service in preciate the gentleman’s points and I amount.

VerDate Nov 24 2008 06:43 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00179 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.236 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7432 CONGRESSIONAL RECORD — HOUSE June 25, 2009 Madam Chair, I’m not sure if this We have checked on this project. We first amendment identifying the right earmark is going for the Village Park think this is a great project. We think amount as to the proper group he was Historic Preservation, which is what is it’s worthy. We think it provides a lot unable to identify, but the organiza- indicated on the list of earmarks re- of public good. And I’d be glad to yield tion to which this money will go is a leased by the House Appropriations to my friend from New York (Mr. not-for-profit organization. They’re Committee and posted on their Web MCHUGH) to further discuss this configured in Canton, New York. site, or to the Traditional Arts in up- project. They’re attempting to do all of the state New York, Evergreen Folk Life Mr. MCHUGH. I want to thank the things I listed: bring economic develop- Center, as listed, I believe, on the gen- distinguished chairman of the sub- ment through vitalizing tourism; giv- tleman from New York, on his Web committee and also my dear friend, the ing people who come to that beautiful site, or maybe those are the same thing distinguished ranking member of the part of New York State something to with a different name. I’m not quite subcommittee and indeed the Appro- see, something to do; an opportunity to sure. priations Committee in general, for learn about the very special culture, But regardless, when I Googled Vil- recognizing the value and the impor- starting with the 1600s in New York lage Park Historic Preservation and tance of this funding. State on the Canadian border. New York, the only thing that came up As I have said to the gentleman from That opportunity to revitalize that was the House Appropriations Com- California’s friend and colleague, my downtown center, to create the oppor- mittee earmark list. And when I colleague from Arizona, Mr. FLAKE, in tunities for new businesses to come in, Google Evergreen Folk Life Center in past years when he has brought amend- and for that chance for those good and New York, the only thing that comes ments to the floor striking out at some proud people to realize that glory and up is the gentleman from New York’s of the programs that I have been proud the opportunity and the growth that earmark request on his Web site. to advance, I always appreciate the op- they had in the past. I understand that the gentleman— portunity, Madam Chair, to rise and to I don’t think the gentleman from and I’m sure he will say this with talk a bit about the district I have the California has any animosity towards greater passion—sees that this benefits honor of representing and the special Canton, quite frankly. With no dis- upstate New York and indicated this is people who live there. respect, I doubt he could find it. But I agree we have an economic chal- a destination location and so forth and the fact of the matter is I think we lenge in this country. I’m not sure that there is a high unemployment have a difference of philosophy. The $150,000, as much as I wish that all of us rate in the district. But, of course, gentleman doesn’t believe that it’s the in America had that amount in our hip there is a high unemployment rate in opportunity and the right of Members pocket, will save that. many places around the country. of Congress to come here and to do Again, somewhat like the previous But taking with seriousness the gen- within the rules and regulations, with- amendment and the previous earmark, tleman from California’s proposal, I in the standards established by this I don’t doubt at all that this is an im- would just make the following com- House—and if we want to expand them, portant project to the gentleman from ments. Most people view New York New York. I don’t doubt at all that this State through one lens—and that lens I’m happy to do that—to provide a lit- is an important project perhaps to the is New York City. When they think of tle bit of help—in this case, $150,000—to citizens of that area of New York. But New York, they think of Broadway, bring a difference where the unemploy- I do question if this is such a vital eco- they think of the Statute of Liberty. ment rate is pushing over 10 percent. nomic driver for the community that I They think about all the great things b 2315 haven’t been able to find how or where that is indeed New York City and is, in This is a program that is not just an it does that. many real ways, New York. New York earmark. It’s under the Save America’s I guess this earmark, whether it was is all of that, but it’s much more as Treasures Act. The gentleman spoke well. this one or any other—could have very eloquently in the first amendment In my part of the world, in my part of picked many of them—the question ba- he brought about standards, about New York State, it’s the St. Lawrence sically is this, that we’re going to have guidance, about benchmarks. There are a $2 trillion deficit this year. Forty-six River; it’s the Adirondack Mountains; nine benchmarks under the Save Amer- cents of every single dollar spent will the Adirondack Park—the largest pub- ica’s Treasures Act. Where it is in the be borrowed. Forty-six cents of this licly held park in the lower 48 States. timeline, this project meets every one $150,000 this year will be borrowed. It’s Thousand Islands. It’s beauty. It’s Is this a national priority? Is this natural wonder. And it’s great people. of those standards. I would hope my something that, in these times, with It’s not a metropolis. It’s small towns, colleagues would join me in under- the deficits and debt that we have, is it’s villages, and its hamlets with very standing the importance of this. this the sort of thing that rises to the industrious, very proud, and very kind Mr. CAMPBELL. Madam Chair, level of a national priority such that people. But for all of our natural beau- again, I appreciate the gentleman’s we should borrow forty-six cents on the ty, for all that causes us to be proud in passion. I appreciate his commitment. dollar, increase the deficit further, in- calling this great part of the world I would say again—and if I am in error, crease the debt further, and put our- home, it’s a region that has long been correct me—but the description of the selves in these kinds of problems? confronted by economic challenges— project on the Appropriations Web site As I mentioned, Madam Chair, it’s closed factories, abandoned mills, fail- is different than the sponsor’s descrip- not that this particular project stands ing farms, declining populations. tion of the project. out over others. It could be this one or In our part of the world—and I can’t I yield to the gentleman from New many others that exist in this bill or in speak for the coast of California where York. many of the other appropriations bills the gentleman represents—and I know Mr. MCHUGH. If that were the case, that we will look at this year. And I he does that proudly—economic devel- why didn’t the gentleman come to me think, Madam Chair, that the people of opment is a little bit different, per- or go to the committee and ask what this country would be better served if haps. It’s something that we take very the differences were? We reached out to we saved this money, didn’t spend it, seriously, but it has to be configured your staff today, and we had a response didn’t borrow it, and tried to have a around those things that the good Lord that had nothing to do with what the little better rein on some of their has given to us: the great univer- offer was we made. money. sities—four of them within 10 miles of Mr. CAMPBELL. Reclaiming my With that, Madam Chair, I reserve this facility; the tourism, which is our time, as far as reaching out to staff, the balance of my time. number one industry, along with agri- that’s something the staff can talk Mr. DICKS. Madam Chair, I claim the culture, those failing farms I spoke about with each other. But you’re time in opposition. about; the need to bring economic de- right. Perhaps we should have asked The Acting CHAIR. The gentleman is velopment by revitalizing downtown that question. But there are discrep- recognized for 5 minutes. centers. ancies like that we should look at. Mr. DICKS. First of all, I want to say I can’t speak to the fact why the gen- But in any event, Madam Chair, we strongly oppose this amendment. tleman had trouble as he did in the whether it’s this project or any other,

VerDate Nov 24 2008 06:43 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00180 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.241 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7433 we need to start saving some money. jazz singer Tony Bennett performed that this is not a partisan game that We need to start saving some money. there in celebrated fashion without a we’re a part of, and they may have a This is an unsustainable spending pat- microphone. Mr. Chair, the question I principled stand for what they believe tern, and I would ask for an ‘‘aye’’ vote guess is, should taxpayers fund the res- Congress’ role is in directing Federal on this amendment. toration of a music hall where ac- spending. I yield back the balance of my time. claimed artists such as Bruce However, on this issue, we fundamen- The Acting CHAIR. The question is Springsteen, Lyle Lovett and James tally disagree. I do believe that it’s our on the amendment offered by the gen- Taylor have performed? This theater responsibility, as elected officials, to tleman from California (Mr. CAMP- was also the site for scenes in movies fight for what is best in our district in BELL). such as The Preacher’s Wife, Mona accordance with the rules guiding Fed- The question was taken; and the Act- Lisa’s Smile, and The Good Shepherd. eral programs. Recipients of Save ing Chair announced that the noes ap- Is such a site not able to sustain itself America’s Treasures funds, including peared to have it. with private donations? And if that is the Tarrytown Musical Hall, do not ex- Mr. CAMPBELL. Madam Chair, I de- the case, that it cannot sustain itself pect the Federal Government to shoul- mand a recorded vote. with private donations, then I would der the full burden of their projects. The Acting CHAIR. Pursuant to suggest that, is there sufficient public They’re required to provide a dollar- clause 6 of rule XVIII, further pro- interest to restore this hall so much if for-dollar match, and every dollar they ceedings on the amendment offered by private money can’t be raised that we receive from the government is the gentleman from California will be should force taxpayers to pay for it? In matched. postponed. fact, according to its Web site, in the During these difficult economic PART C AMENDMENT NO. 3 OFFERED BY MR. past year the theater itself donated times, it is our responsibility to assist CAMPBELL over $80,000 worth of rehearsal and per- industries that make substantial con- Mr. CAMPBELL. Madam Chair, I rise formance space and recently purchased tributions to our economy to accel- as the designee of the gentleman from land costing $2 million for staff park- erate long-term recovery and growth Arizona (Mr. FLAKE) with amendment ing and a future expansion. This week- nationally. Tarrytown Music Hall does No. 24. end you can attend a performance at generate more than $1 million in eco- The Acting CHAIR. The Clerk will the Tarrytown Music Hall for a min- nomic activity in my district. In fact, the arts industry throughout the designate the amendment. imum price of $58 a seat and a max- United States generates more than $134 The text of the amendment is as fol- imum price of $80 a seat. lows: Madam Chair, the question on this billion in economic activity annually Part C Amendment No. 3 offered by Mr. one, again, is not that it’s not a fine and creates 4 million jobs across the country. In addition to their economic CAMPBELL: place, it’s not that it’s not a historic At the end of the bill (before the short place. But if we have a theater like this benefit, entities supported by Save title), insert the following: that commands those kinds of ticket America’s Treasures preserves the his- SEC. ll. None of the funds provided in toric places and items that tell Amer- prices, commands those kinds of artists this Act under the heading ‘‘National Park ica’s story for the next generation. performing there, has all this sort of Service—Historic Preservation Fund’’ shall They educate the public about our rich activity around it, it should be able to be available for the Tarrytown Music Hall heritage, foster a sense of pride in our Restoration project of the Friends of the raise money on its own. And given the country and communities; and Mozartina Musical Arts Conservatory, $2 trillion deficit we have, given the Tarrytown Music Hall’s cultural and Tarrytown, New York, and the first, second, national debt will double in 5 years and educational programs serve more than and fourth dollar amounts under such head- triple in 10, given the proposals on the 30,000 children each year. This project ing are each hereby reduced by $150,000. majority side of the aisle that are is providing $150,000 to perform nec- The Acting CHAIR. Pursuant to being discussed to raise taxes all over essary structural stabilization, meets House Resolution 578, the gentleman the place, is this a place that we should from California (Mr. CAMPBELL) and a the eligibility requirements of the be spending more of the taxpayers’ Save America’s Treasures program as Member opposed each will control 5 money? Isn’t this the sort of charitable minutes. vetted by the Department of Interior function that people should raise and is consistent with earmark reforms The Chair recognizes the gentleman money on their own? You know, there’s from California. instituted this year by Chairman OBEY. a ton of this sort of project, this sort of And the projects account for less than Mr. CAMPBELL. Thank you, Madam application in my district and I’m sure Chair. 20 percent of the overall funding pro- in everyone else’s districts. vided by the Appropriations Committee This amendment would remove I—and I am sure many other people $150,000 in funding for the Tarrytown for Save America’s Treasures. here—support these things with chari- Mr. DICKS. Will the gentlewoman Music Hall restoration to be received table contributions in various ways; by the friends—and I’m sure I’m going just yield for a moment? and that’s the way they should be sup- Mrs. LOWEY. I would be happy to to butcher the pronunciation of this— ported, by the local community keep- yield. but the Mozartina Musical Arts Con- ing them going. That’s who will use Mr. DICKS. I just want to say, our servatory in Tarrytown, New York, and them. That’s who will appreciate them. side strongly supports this amendment. would reduce the overall cost of the But to ask the Federal taxpayers to It was properly vetted. This is one of bill by a commensurate amount. come in and subsidize such a project, those incredibly important things for a The intended purpose of this earmark Madam Chair, I think is just not appro- local community, and we want this is, quote, To preserve a historic land- priate, particularly in these economic project to be funded. mark which would provide recreational times. Mrs. LOWEY. I thank the Chair. and tourism economic benefits. Ac- I would reserve the balance of my I reserve the balance of my time. cording to the Tarrytown Music Hall’s time. Mr. CAMPBELL. Madam Chair, I ap- Web site, it was built in 1885 by a choc- Mrs. LOWEY. Madam Chair, I claim preciate the gentlelady from New olate manufacturer William Wallace. the time in opposition. York’s comments; but I don’t think it The music hall is the oldest operating The Acting CHAIR. The gentlewoman changes any of the facts that I laid out. theater in Westchester County, having from New York is recognized for 5 min- And I would argue—and again, not just been designed by the same architect utes. with this one. There are others that who designed New York City’s Grand Mrs. LOWEY. Madam Chair, I first could have been brought up as well— Central Station and Macy’s Building in want to thank the chairman of the sub- but that this is essentially a charitable Herald Square. Today the music hall is committee for his support, and I con- contribution. Whether it’s my district, a fully operating theater with capacity gratulate him on a strong bill that I your district or anyone else’s, we have to seat an 843-seat audience. It’s a pret- am proud to support. And I do respect a number of such things for which ty good-sized place. the views of my colleagues, Mr. FLAKE charitable contributions should be Tarrytown Music Hall is known for from Arizona and Mr. CAMPBELL from made. I really don’t think that the tax- its excellent acoustics. In fact, in 1997 California. I think they understand payers of this country elected us in

VerDate Nov 24 2008 06:43 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00181 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.242 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7434 CONGRESSIONAL RECORD — HOUSE June 25, 2009 order to be conduits of their charitable was an active entry station into the Madam Chair, I reserve the balance contributions with their tax money. I United States from 1910 until 1940, and of my time. think they elected us to spend as little after 1940 it was used by the U.S. mili- Ms. WOOLSEY. Madam Chair, I rise of their money as possible on things tary until California State Parks as- to claim the time in opposition to the only of national priority and Federal sumed ownership in 1963. The earmark amendment. nexus. I’m just afraid I don’t see where in question carves out $1 million for The Acting CHAIR. The gentlewoman this or other projects like this rise to the rehabilitation of the immigration is recognized for 5 minutes. that standard. station’s hospital. According to the Ms. WOOLSEY. I thank the chairman With that, Madam Chair, I would Angel Island Immigration Station for allowing me to take this space. yield back the balance of my time. Foundation, the hospital restoration is Madam Chairwoman, I frankly have Mrs. LOWEY. I just want to make it expected to cost $16 million total, and to say that I am absolutely shocked to very clear that there seems to be a real they are currently conducting a fund- come to the floor to defend the Angel difference of opinion as to what the re- raising campaign to raise that money. Island Immigration Station. I can only sponsibilities are of a Member in Con- Now Angel Island has already been assume that the gentleman from Cali- gress. The Save America’s Treasures the recipient of Federal earmarks in fornia simply does not realize the cul- program restores hundreds of cul- 2008 and in the omnibus in 2009, receiv- tural and historic significance of Angel Island Immigration Station and how turally and historically significant in- ing $1.125 and $1.25 million respec- very important it is to millions of stitutions. They would be forced to tively. This bill would bring another Americans. Actually, Angel Island is shut their doors. million, adding a total to this par- known as the ‘‘Ellis Island of the So I, again, urge my colleagues to re- ticular immigration station on Angel West’’ because over a 30-year period be- ject this amendment and support this Island to $3.375 million. tween 1910 and 1940, the Angel Island facility. I, again, want to thank the Now, Madam Chair, the Nation ran Immigration Station processed more chairman for his support because it up a record level debt last year, $455 than 1 million immigrants from around really would make a difference in pro- billion. We’re set to eclipse that deficit the world with the majority coming viding economic revitalization not just by nearly four times and nearly $2 tril- lion this year and follow it up with an- from Asia. to the facility but to the region. Today the Angel Island Immigration I yield back the balance of my time. other $1 trillion-plus deficit every sin- gle year from now through 2010. Al- Station contributes greatly to our un- The Acting CHAIR. The question is derstanding of our Nation’s rich and on the amendment offered by the gen- though Angel Island is historic, and I, actually, personally, am a fan of his- complex immigration history by tleman from California (Mr. CAMP- toric preservation, although you may hosting more than 50,000 people includ- BELL). find that difficult to believe today. I ing 30,000 school children every single The question was taken; and the Act- year. But because of severe deteriora- ing Chair announced that the noes ap- just feel we shouldn’t do it with tax- payer money in this way. Given our se- tion, many of the historic buildings are peared to have it. rious budget problems, the question of in danger of collapsing and in desperate Mr. CAMPBELL. Madam Chair, I de- whether this rises to the level of the need of repair. That’s why I, along with mand a recorded vote. sort of thing we should be spending Speaker PELOSI, requested $1 million to The Acting CHAIR. Pursuant to people’s money on when American fam- rehabilitate the old Angel Island Immi- clause 6 of rule XVIII, further pro- ilies all over this Nation are struggling gration Station Hospital so that it can ceedings on the amendment offered by in these tough economic times, we need be used, among other things, as a mu- the gentleman from California will be to look at every bit of spending to de- seum to tell the story of immigration postponed. termine if it’s something we would like from Asia to the United States. PART E AMENDMENT NO. 1 OFFERED BY MR. to have or something that we have to Now, I doubt very much that anyone CAMPBELL have. would come to this floor to strike fund- Mr. CAMPBELL. Madam Chair, I rise Madam Chair, given that the Obama ing for Ellis Island and argue that its as the designee of the gentleman from budget recently passed by Democrats preservation was ‘‘wasteful govern- Texas (Mr. HENSARLING) for his amend- would triple the debt in the next 10 ment spending.’’ But at the heart of ment No. 61. years, we need to set priorities; and we the matter, Angel Island is just as im- The Acting CHAIR. The Clerk will should only spend on those things that portant to those who cross through its designate the amendment. we have to have and not those things gates as Ellis Island was for so many The text of the amendment is as fol- that we would like to have. European immigrants. For those people lows: Again, what makes Angel Island Im- whose ancestors first stepped on Amer- Part E Amendment No. 1 offered by Mr. migration Station more worthy of $3 ican soil were taken on Angel Island in CAMPBELL: million than various other State parks, the middle of the San Francisco Bay, At the end of the bill (before the short both in California and elsewhere? On this amendment works to deny their title), insert the following: December 8, 2005, Speaker PELOSI said, history and their struggle. SEC. ll. None of the funds made available and I quote, It’s just absolutely im- It’s also important for me to point in this Act under the heading ‘‘National moral for us to heap those deficits on out, and Congressman CAMPBELL said Park Service—Statutory or Contractual this, that Congress is already on record Aid’’ shall be available for the Angel Island our children. And then again, accord- State Park Immigration Station Hospital ing to USA Today, on November 12, for supporting funding for Angel Is- Rehabilitation project of the Angel Island 2006, Speaker PELOSI said, There has to land. In the 109th Congress I sponsored Immigration Station Foundation, San Fran- be transparency. I’d just as soon do H.R. 606, the Angel Island Immigration cisco, California, and the amount otherwise away with all earmarks, but that prob- Station Restoration and Preservation provided under such heading (and the portion ably isn’t realistic. You can’t have Act, which did authorize funding to of such amount specified for congressionally bridges to nowhere for America’s chil- protect and preserve this historic land- designated items) are hereby reduced by dren to pay for. Or if you do, you have mark. H.R. 606 was passed out of the $1,000,000. to know whose it is. House by voice vote, the Senate by The Acting CHAIR. Pursuant to unanimous consent, and signed into b 2330 House Resolution 578, the gentleman law by President George W. Bush on from California (Mr. CAMPBELL) and a Madam Chair, there aren’t many December 1, 2005. The sponsor of this Member opposed each will control 5 things lately I agree with the Speaker amendment had no objection then minutes. on, but I agree with both of those two when his party controlled both Houses The Chair recognizes the gentleman comments. We have to stop passing on of Congress and the White House. from California. debt to our children. We have to stop Mr. DICKS. Will the gentlewoman Mr. CAMPBELL. Thank you, Madam spending money on things that are not yield? Chair. national priorities, are not have-to- Ms. WOOLSEY. Yes, sir. Angel Island Immigration Station is have items. And although this is in my Mr. DICKS. Madam Chair, I want to located in California State Park on home State of California, I believe this rise in strong support of her amend- Angel Island in San Francisco Bay. It is one of those items. ment and the Speaker’s amendment.

VerDate Nov 24 2008 08:25 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00182 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.245 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7435 This is a very important project. And I need to be able to visit from their Rehabilitation of the Coal and Iron urge a ‘‘no’’ vote on the Campbell classroom. They need to go with their Building into a culture and heritage amendment. families to Angel Island and see what center is the kind of thing that ought I appreciate the gentlewoman for came before them, not just the Asian to be paid for at a State level or at a yielding. children in our community but all chil- local level and by local communities. I Ms. WOOLSEY. Thank you. Reclaim- dren, and they are all gaining a new re- applaud the ability of the council to ing my time, Madam Chair, Angel Is- spect for what San Francisco and the make such a grant given the economic land is a national historic landmark Bay Area is all about because Angel Is- conditions that exist out there, but I that is in absolute desperate need of re- land is where their ancestors came be- question again whether this is one of pair and rehabilitation. I urge my col- fore they went out into the commu- those things which rises to the level of leagues, and I thank the chairman for nities. whether it should have another $150,000 supporting this, to vote against this Madam Chair, I yield back the bal- of taxpayer money. amendment. This project is not a ance of my time. Now, Madam Chair, this is the fifth bridge to nowhere; it’s a bridge to our The Acting CHAIR. The question is and final of various amendments I have past. on the amendment offered by the gen- offered on behalf of myself and other Mr. DICKS. Will the gentlewoman tleman from California (Mr. CAMP- Members this evening having to do yield? BELL). with earmarks, and let me say this: I Ms. WOOLSEY. I yield. The question was taken; and the Act- have heard the passion pleas, and I am Mr. DICKS. The ‘‘bridge to nowhere’’ ing Chair announced that the noes ap- sure I will hear another one, from peo- was not an Appropriations Committee peared to have it. ple this evening about the importance project. This was a project of the House Mr. CAMPBELL. Madam Chair, I de- of the project they’re talking about. Transportation Committee, and our mand a recorded vote. The Acting CHAIR. Pursuant to And I understand that. I get that. We committee had no responsibility for clause 6 of rule XVIII, further pro- all have things we think are important. this. ceedings on the amendment offered by And there are many things that are im- Ms. WOOLSEY. Madam Chair, I re- the gentleman from California will be portant, and we won’t agree on what serve the balance of my time. postponed. they are, but they’re out there. Mr. CAMPBELL. Madam Chair, I ap- preciate my colleague from California’s PART C AMENDMENT NO. 4 OFFERED BY MR. But budgets are about making CAMPBELL comments. Again, it doesn’t change the choices. We cannot do it all. And when Mr. CAMPBELL. Madam Chair, I rise facts of the matter. Let’s put it maybe we do it all, we get into the problems as a designee of the gentleman from a little more specifically. that we are in today. We get into defi- Arizona (Mr. FLAKE) with his amend- This is $1 million going to this par- cits that go on without end a trillion ment No. 25. ticular project that is a California The Acting CHAIR. The Clerk will dollars or more. We get into debt that State park, not a Federal park. And of designate the amendment. will crush not just our children but that $1 million, $460,000 will have to be The text of the amendment is as fol- ourselves. We get into spending that borrowed. Much of that money will be lows: rises and rises and rises and won’t stop. borrowed from the Chinese, from Indi- Part C amendment No. 4 offered by Mr. And there are so many things. I’m sure ans, from Russians, from whomever. CAMPBELL: this project is one of them and I am And as much as I agree with you, as I At the end of the bill (before the short sure that the gentleman from Alabama like to see our historic preservation title), insert the following: will make a defense of his project and and I’m totally with you on that, but SEC. ll. None of the funds provided in his defense may be very legitimate. there is a project out there. There is an this Act under the heading ‘‘National Park But there will be similar projects in effort out there to raise private funds Service—Historic Preservation Fund’’ shall my district and everyone else’s. And for this, and that is where the effort be available for the Historic Fort Payne Coal and Iron Building Rehabilitation project of then there are a million other things should be. And as scarce as Federal dol- the city of Fort Payne, Alabama, and the we could do. And what about little lars are right now and the number of first, second, and fourth dollar amounts things like national defense? What needs that we have and the gigantic under such heading are each hereby reduced about all kinds of other things that deficit that we are not just passing to by $150,000. this Federal Government has to do? our children, we are passing to us—$2 The Acting CHAIR. Pursuant to Madam Chair, it is time that we look trillion a year increasing the debt? House Resolution 578, the gentleman at these earmarks and we look at the Senator MCCAIN talks about genera- from California (Mr. CAMPBELL) and a spending and we start to make those tional theft. Yes, there is that. But we Member opposed each will control 5 priorities and we say this is the are passing this deficit on to us. I minutes. amount of money we’ve got. And we mean, in 5 years this is going to crush The Chair recognizes the gentleman have got to stop borrowing any more us, not 20, not 30, not 40. And we have from California. and we have got to stop pouring it onto got to stop it somewhere. Mr. CAMPBELL. Madam Chair, this our children, and we can’t increase the And as much as I understand and ap- amendment would remove $150,000 of taxes because you will send this econ- preciate your passion for this project, I funding for the historic Fort Payne omy into a double-dip recession; and also believe these are the sorts of Coal and Iron Building rehabilitation that we set these priorities and we de- things where we can start to save a lit- and would lower the cost of the bill by cide that there are certain things that tle money. So I ask for an ‘‘aye’’ vote. a commensurate amount. Madam Chair, I yield back the bal- The Times Journal, Fort Payne’s are important and there are certain ance of my time. local paper, reported on June 9 of this things that aren’t. Ms. WOOLSEY. Madam Chair, I year that the Fort Payne Coal and Iron And, Madam Chair, I guess I would would like to respond to borrowed, and, Building will be renovated into the just ask, if anybody out there is listen- yes, indeed, we do not want to heap Fort Payne Culture and Heritage Cen- ing or watching, is the Fort Payne Coal debt on our children and our grand- ter. The article goes on to reveal that and Iron Building historic rehabilita- children. But there are some things we the City of Fort Payne received a tion, is that a national priority that in have to preserve for them, and that’s $90,000 grant from the Alabama State these times, that in this kind of deficit their history. And that is exactly what Council on the Arts in order to begin and this kind of spending environment, this project is about. They need to construction on this project, which rises to the level of something that we have their history preserved. They starts this fall. have to do?

VerDate Nov 24 2008 08:25 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00183 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.248 H25JNPT1 smartinez on PROD1PC64 with HOUSE H7436 CONGRESSIONAL RECORD — HOUSE June 25, 2009 Madam Chair, at some point we have strongly supports his amendment. We use taxpayers’ money for charitable got to stop it. I would like to hope we think this is a good amendment. It’s contributions, not using taxpayers’ can begin that process now. well thought out. We like the fact that money for non-Federal priorities, not Madam Chair, I reserve the balance the city and the State put up money. using taxpayers’ money for earmarking of my time. It’s a real partnership. This is the way to private companies without bids, Mr. ADERHOLT. Madam Chair, I rise we do things today, and the gentleman then we begin that single step. to claim the time in opposition to the is a distinguished member of the com- Mr. DICKS. Will the gentleman amendment. mittee and we are proud of his good yield? The Acting CHAIR. The gentleman is work. Mr. CAMPBELL. I yield to the gen- recognized for 5 minutes. Mr. ADERHOLT. Thank you. I thank tleman from Washington. Mr. ADERHOLT. I just want to the chairman. Mr. DICKS. I appreciate the gen- thank the Chair and the ranking mem- I just would also like to point out tleman yielding. ber for their work on this sub- that Fort Payne, Alabama, is a com- I just would say to the gentleman, I committee bill. As a ranking member munity that tries to reach out and help hope when we get to entitlement re- on one of the subcommittees on Appro- others. It has a rich history of doing form, where the real money is spent, priations, I know the work that goes that. It was one time the number one over two-thirds of the budget is in the into these bills and putting them to- sock producer in the world, and it is entitlement reform, that I will see the gether, and I thank Mr. DICKS and Mr. also the birthplace of the country gentleman from California and the gen- SIMPSON for their hard work on this ap- music legends ‘‘Alabama.’’ When New tleman’s from Texas out here doing propriation bill. York City suffered the terrorism at- their good work on something that I would like to talk a little bit about tack of 2001, the sock industry in Fort makes a difference. this project. The amendment that has Payne donated and delivered hundreds The Acting CHAIR. The gentleman’s been brought up tonight by Mr. CAMP- of pairs of socks to the rescue workers time has expired. The gentleman from BELL is an amendment that would, of who were working around the clock in Alabama has 30 seconds remaining. course, eliminate funding for what I be- that particular situation. Mr. ADERHOLT. I yield the gen- lieve is a worthy and historic preserva- So, in closing, Madam Chair, the res- tleman from Washington the additional tion project. toration and the use of the Coal Build- time. The funding allows the City of Fort Mr. DICKS. With all due respect, the ing will be a significant cultural and Payne, which is a town located in the good efforts, I think what the gentle- educational benefit to northeastern district that I represent, a relatively men has done has led to reform. We Alabama. While I respect the gen- small town in rural Alabama, to pro- have changed the way we operate in tleman who has offered the amend- ceed with this rehabilitation project of the Appropriations Committee. Every- ment, I would ask the Members to vote an important landmark, as has been thing is put on the Web site when it’s stated, the Fort Payne Coal and Iron ‘‘no’’ on this amendment. And I would like to show a picture of requested, all the agencies review this. Building. Also, it should be noted, the building. This is a picture of the If it’s for profit, it has to be competed. Madam Chair, that this is included in The Acting CHAIR. The time of the Coal and Iron Building. This photo was the Save America’s Treasures program. gentleman has expired. Fort Payne was first incorporated as taken somewhere between 1890 and Mr. DICKS. Remember—we are going a town in 1889 as investors from New 1899, and I think you can see that it is to vote ‘‘no’’ on this amendment. England saw coal and iron opportuni- a part of American history. The Acting CHAIR. The question is ties in the surrounding areas. During And I would also like to mention, in on the amendment offered by the gen- response to the gentleman from Cali- that time period, this particular build- tleman from California (Mr. CAMP- fornia, that I am a strong supporter of ing, the Fort Payne Coal and Iron BELL). Building, was the first building that defense spending for this country, but The question was taken; and the Act- was constructed. It served as the ad- this particular project in no way ing Chair announced that the noes ap- ministrative building and the head- hinders the defense spending for this peared to have it. quarters for the Fort Payne Coal and country. And, as you know, you can Mr. CAMPBELL. Madam Chair, I de- Iron Company, and it was from this check my record and see that I am a mand a recorded vote. building that the city itself was strong supporter of national defense for The Acting CHAIR. Pursuant to planned. This year marks the 120th an- this country, but this is in a different clause 6 of rule XVIII, further pro- niversary of the building as well as the bill completely. This is in a different ceedings on the amendment offered by town of Fort Payne. set of areas of the appropriation bill, so the gentleman from California will be This has been a project that they are I would like to just stress that to the postponed. not depending on Federal funds alone, other Members, and I would ask them Mr. SIMPSON. I move to strike the and that’s, of course, as Mr. CAMPBELL if they would respectfully vote ‘‘no’’ on last word. pointed out. The City of Fort Payne in the amendment. The Acting CHAIR. The gentleman rural Alabama has spent $50,000 of its I reserve the balance of my time. from Idaho is recognized for 5 minutes. Mr. SIMPSON. I yield to the gen- own money working on this project. Mr. CAMPBELL. Madam Chair, this tleman from Texas. The State of Alabama has committed bill, this appropriations bill, Interior OFFICER HENRY CANALES—TEXAS LAWMAN another $135,000 for this project. The appropriation, increases spending from Mr. POE of Texas. I thank the gen- Coal and Iron Building will house a cul- last year by 17 percent. Now, I would ask how many Ameri- tleman from Idaho for yielding and tural center which will serve this re- cans out there are going to see a 17 per- also appreciate the chairman and all gion of the State. The building is on cent increase in their salaries? How the indulgence tonight. I know it’s the national register, and it will be a many companies are going to be spend- been a long evening, and as we ap- valuable asset of increasing tourism ing 17 percent more on their marketing proach midnight here in the cradle of and raising awareness of the cultural budget on payroll, on anything else? democracy and freedom, sad darkness heritage of northern Alabama and And also today the Congressional is also falling heavy on the men and southern Appalachia, as it will provide Budget Office issued a report on the women and their families of the Hous- educational opportunities which aug- debt and the deficit, and I would en- ton Police Department in Texas. ment certain other activities in the re- courage Members to read it and look at Madam Chair, two nights ago we lost gion. it. It essentially says that we can’t a hero veteran police officer in our city b 2345 keep it up, it’s unsustainable, that it is of Houston. The Houston Police De- Mr. DICKS. Will the gentleman basically unsustaining and partment Senior Officer Henry Canales yield? unsustainable. was killed in the line of duty. He was Mr. ADERHOLT. I yield to the gen- Madam Chair, I understand this is an undercover police officer doing the tleman from Washington. only $150,000, but the journey of 1,000 very dangerous work of holding crimi- Mr. DICKS. I just wanted to say to miles does begin with a single step. nals accountable to the law. It is be- the gentleman that the committee And if we can begin by starting to not cause of brave men like Officer Canales

VerDate Nov 24 2008 08:23 Jun 26, 2009 Jkt 079060 PO 00000 Frm 00184 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JN7.251 H25JNPT1 smartinez on PROD1PC64 with HOUSE June 25, 2009 CONGRESSIONAL RECORD — HOUSE H7437 that the rest of America can sleep safe- Officer Canales was the first Houston The message also announced a cer- ly tonight and every night. Police Department officer killed in the tified copy of the statement of resigna- Undercover officers face their own line of duty this year. The last time we tion of Judge Samuel B. Kent. unique set of dangers. Assuming the had an officer killed was December 7 of f identity of the criminal, they mix with last year. Officer Tim Abernethy was RELATING TO IMPEACHMENT PRO- the worst elements of evil in our soci- killed by a gunman that ambushed him CEEDINGS OF JUDGE SAMUEL B. ety. They seek out these outlaws, be- during a foot chase in northeast Hous- KENT—MESSAGE FROM THE SEN- come a part of their world, and they ton. bring them to justice. Their bravery, In the State of Texas, six police offi- ATE (H. DOC. NO. 111–53) their nerve is unequaled anywhere in cers have been killed in the line of duty The SPEAKER pro tempore laid be- our country. They live to serve and this year. They are Senior Corporal fore the House the following message protect our freedom and our homes. Norman Smith of the Dallas Police De- from the Senate; which was read and Two nights ago, about this time at partment, Officer Cesar Arreola of the referred to the managers on the part of night, Officer Canales and other under- El Paso County Sheriff’s Department, the House appointed by House Resolu- cover Houston police officers met with Lieutenant Stuart J. Alexander of the tion 565 and ordered to be printed: four people in the parking lot of a Corpus Christi Police Department, Ser- I, Nancy Erickson, having custody of the drugstore. These four thieves were buy- geant Randy White of the Bridgeport seal of the United States Senate, hereby cer- ing stolen TVs in a sting operation by Police Department, Deputy Sheriff D. tify that the attached record is a true and the Houston Police Department. Robert Harvey of the Lubbock County correct copy of a record of the United States Things started going downhill in this Sheriff’s Department, and now we add Senate, received by the United States Senate Sergeant at Arms from Samuel B. Kent on operation right after the money the name of Senior Officer Henry June 24, 2009, and presented to the Senate in changed hands. Canales of the Houston Police Depart- open session on June 25, 2009. After the transaction, Officer ment to that hallowed roll of honor. In Witness Whereof, I have set my hand Canales, working undercover, walked All Americans should recognize the and caused to be affixed the Seal of the around to the front of a truck, and the profound debt of gratitude we owe our United States Senate at Washington, D.C., suspect followed and drew a weapon. law enforcement officers and also the this 25th day of June, 2009. Gunfire rang out in the silent night gratitude we owe their families. These f air, and Officer Canales was shot. officers put themselves into harm’s STATUS REPORT ON CURRENT A second undercover police officer, way to guard our safety because they LEVELS OF ON-BUDGET SPEND- Officer R. Lopez, went to help his fel- care about our communities and the ING AND REVENUES FOR FISCAL low downed officer. Lopez was attempt- people they serve. They are the ones YEARS 2009 AND 2010 AND THE ing to subdue and handcuff the shooter standing between us and the bad guys FIVE-YEAR PERIOD FY 2010 when the suspect fired at least two every single day. THROUGH FY 2014 more times. Lopez returned the fire. So tonight we bid farewell with hum- The suspect was pronounced dead at ble gratitude to Senior Officer Henry The SPEAKER pro tempore. Under a the scene, and Officer Lopez was not in- Canales. And to his wife, Amor, and his previous order of the House, the gen- jured. children, we say: May the Lord bless tleman from South Carolina (Mr. By the way, Madam Chair, the shoot- you and keep you. May His face shine SPRATT) is recognized for 5 minutes. er and two other of the bandits were il- upon you and be gracious to you. May Mr. SPRATT. Madam Speaker, I am trans- legally in the United States at the He lift up His countenance upon you mitting a status report on the current levels of time of this crime. and give you peace. on-budget spending and revenues for fiscal Officer Canales served at the Houston And that’s just the way it is. years 2009 and 2010 and for the five-year pe- Police Department for 16 years, spend- Mr. DICKS. Madam Chairwoman, I riod of fiscal years 2010 through 2014. This ing the last 7 of them in the Auto Theft move that the Committee do now rise. report is necessary to facilitate the application and Burglary Division, the same divi- The motion was agreed to. of sections 302 and 311 of the Congressional sion he was working two nights ago Accordingly, the Committee rose; Budget Act and sections 424 and 427 of S. when he was killed. He had also worked and the Speaker pro tempore (Ms. Con. Res. 13, the Concurrent Resolution on in northeast patrol. WOOSLEY) having assumed the chair, the Budget for Fiscal Year 2010. Officer Canales had also built and Ms. EDWARDS of Maryland, Acting The term ‘‘current level’’ refers to the raced hot rods together with his fam- Chair of the Committee of the Whole amounts of spending and revenues estimated ily. He was active in drag racing and House on the State of the Union, re- for each fiscal year based on laws enacted or raced with an organization called Beat ported that that Committee, having awaiting the President’s signature. the Heat, which combats street racing. had under consideration the bill (H.R. The first table in the report compares the He lived in the nearby community of 2996) making appropriations for the De- current levels of total budget authority, outlays, Baytown, Texas, with his family. partment of the Interior, environment, and revenues with the aggregate levels set by Chief of Police Harold Hurtt said and related agencies for the fiscal year S. Con. Res. 13. This comparison is needed Canales ‘‘was not only an outstanding ending September 30, 2010, and for to enforce section 311(a) of the Budget Act, officer but an outstanding individual.’’ other purposes, had come to no resolu- which establishes a point of order against any He cared a great deal about his family, tion thereon. measure that would breach the budget resolu- the people he worked with and, of f tion’s aggregate levels. course, the City of Houston that he The second table compares the current lev- served. A FURTHER MESSAGE FROM THE els of budget authority and outlays for each Madam Chair, I spent 30 years at the SENATE authorizing committee with the ‘‘section courthouse in Houston, Texas, as a A message from the Senate by Ms. 302(a)’’ allocations made under S. Con. Res. prosecutor and as a judge. I have Curtis, one of its clerks, announced 13 for fiscal years 2009 and 2010 and fiscal known hundreds of Houston police offi- that the Senate has passed a bill and a years 2010 through 2014. This comparison is cers. They are the finest caliber and Concurrent Resolution of the following needed to enforce section 302(f) of the Budget strongest of character, and Officer titles in which the concurrence of the Act, which establishes a point of order against Canales was a rare breed in our culture House is requested: any measure that would breach the section who wore the badge to defend and pro- S. 1358. An act to authorize the Director of 302(a) discretionary action allocation of new tect the rest of us. the United States Patent and Trademark Of- budget authority for the committee that re- Officer Canales died during surgery fice to use funds made available under the ported the measure. at the hospital where he and his family Trademark Act of 1946 for patent operations The third table compares the current levels and hundreds of other officers had in order to avoid furloughs and reductions- of discretionary appropriations for fiscal years in-force. gathered. He was 42 years of age. This S. Con. Res. 31. Concurrent resolution pro- 2009 and 2010 with the ‘‘section 302(a)’’ allo- is a photograph of Officer Canales. He viding for a conditional adjournment or re- cation of discretionary budget authority and leaves behind his wife, Amor, a 15-year- cess of the Senate, and a conditional ad- outlays to the Appropriations Committee. This old son and a 17-year-old daughter. journment of the House of Representatives. comparison is needed to enforce section

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