[Congressional Record Volume 151, Number 51 (Monday, April 25, 2005)]
[Senate]
[Pages S4185-S4193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DOMENICI (for himself, Mr. Bingaman, Ms. Murkowski, Mr.
Bennett, and Mr. Johnson):
S. 895. A bill to direct the Secretary of the Interior to establish a
rural water supply program in the Reclamation States to provide a
clear, safe affordable, and reliable water supply to rural residents;
to the Committee on Environment and Public Works.
Mr. DOMENICI. Mr. President, in the 1746 Poor Richard's Almanac,
Benjamin Franklin wrote, ``When the well is dry, we learn the worth of
water.'' Nowhere is the bottom of the well approaching more quickly
than in western United States. Nearly depleted aquifers and
deteriorated infrastructure on which our small and rural communities
rely coupled with their inability to raise large amounts of capital to
afford water infrastructure has resulted in substantial want. When the
water dries up, so will many of our communities. As such, the scarcity
of water in rural western communities is a dire situation.
An article appearing on April 15, 2005 in the Wall Street Journal
elucidates the breadth of our Nation's water infrastructure need. The
article states that most water infrastructure and water treatment
plants in the U.S. are more than 50 years old and, in many cases, are
more than 100 years old. The huge capital outlays needed to
rehabilitate this aging and, in many cases, deteriorated infrastructure
far exceeds the ability of many rural communities to pay. Neither can
these communities accommodate the costs in their rate structures nor
are the necessary capital outlays within their bonding capacity.
Exacerbating this problem is that, in many western states such as
[[Page S4186]]
my home state of New Mexico, ground water supplies for which many
communities have relied on for water are nearly depleted. In many
cases, the only practicable alternative for providing water to these
communities is to build public works projects to transport water from
other sources. This, too, requires large sums of money which rural and
small communities can ill-afford.
Today, I rise to introduce the Rural Water Supply Act of 2005. This
bill would begin the process of providing for the essential water needs
of rural communities in the western United States. It establishes a
federal loan guarantee program within the Bureau of Reclamation that
would allow rural communities to obtain loans at interest rates far
lower than had the loans not been guaranteed by the Federal Government.
This allows rural communities access to the large sums of money
required to construct water infrastructure while recognizing the
significant demand on the Bureau's budget. The bill also expedites the
appraisal and feasibility studies which allow these communities to
assess how best to address their water supply needs and act
accordingly. At present, rural communities have to wait for Congress to
direct the Bureau of Reclamation to proceed with appraisal and
feasibility studies. This bill expedites the appraisal and feasibility
level process by requiring that, upon request of the community, the
Bureau perform a study, provide funds to a rural water community to
perform them, or accept and review studies undertaken independently by
a community. This bill will provide much needed assistance to
struggling communities.
I would like to thank Senator Bingaman, the ranking member of the
Committee of Energy and Natural Resources who I have had the great
pleasure of serving with for over two decades for being an original co-
sponsor of this bill. In addition, I very much appreciate the
willingness of the Bureau of Reclamation to work with my staff on this
important matter.
Preserving our rural communities in the west requires that we address
this instantly and vigorously. The U.S. Congress cannot sit idly by as
water shortages cause death to our rural communities. I assure you that
this bill will receive prompt consideration in the Energy and Natural
Resources Committee and it is my sincere hope that the Senate will give
this legislation its every consideration.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 895
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural
Water Supply Act of 2005''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1 Short title; table of contents.
TITLE I--RECLAMATION RURAL WATER SUPPLY ACT OF 2005
Sec. 101 Short title.
Sec. 102 Definitions.
Sec. 103 Rural water supply program.
Sec. 104 Rural water programs assessment.
Sec. 105 Appraisal investigations.
Sec. 106 Feasibility studies.
Sec. 107 Miscellaneous.
Sec. 108 Authorization of appropriations.
TITLE II--TWENTY-FIRST CENTURY WATER WORKS ACT
Sec. 201 Short title.
Sec. 202 Definitions.
Sec. 203 Project eligibility.
Sec. 204 Loan guarantees.
Sec. 205 Operations, maintenance, and replacement costs.
Sec. 206 Title to newly constructed facilities.
Sec. 207 Water rights.
Sec. 208 Interagency coordination and cooperation.
Sec. 209 Authorization of appropriations.
TITLE I--RECLAMATION RURAL WATER SUPPLY ACT OF 2005
SEC. 101. SHORT TITLE.
This title may be cited as the ``Reclamation Rural Water
Supply Act of 2005''.
SEC. 102. DEFINITIONS.
In this title:
(1) Federal reclamation law.--The term ``Federal
reclamation law'' means the Act of June 17, 1902 (32 Stat.
388, chapter 1093), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.).
(2) Indian.--The term ``Indian'' means an individual who is
a member of an Indian tribe.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Non-federal project entity.--The term ``non-Federal
project entity'' means a State, regional, or local authority,
Indian tribe or tribal organization, or other qualifying
entity, such as a water conservation district, water
conservancy district, or rural water district or association.
(5) Operations, maintenance, and replacement costs.--
(A) In general.--The term ``operations, maintenance, and
replacement costs'' means all costs for the operation of a
rural water supply project that are necessary for the safe,
efficient, and continued functioning of the project to
produce the benefits described in a feasibility study.
(B) Inclusions.--The term ``operations, maintenance, and
replacement costs'' includes--
(i) repairs of a routine nature that maintain a rural water
supply project in a well kept condition;
(ii) replacement of worn-out project elements; and
(iii) rehabilitation activities necessary to bring a
deteriorated project back to the original condition of the
project.
(C) Exclusion.--The term ``operations, maintenance, and
replacement costs'' does not include construction costs.
(6) Program.--The term ``program'' means the rural water
supply program established under section 103.
(7) Reclamation states.--The term ``reclamation States''
means the States and areas referred to in the first section
of the Act of June 17, 1902 (43 U.S.C. 391).
(8) Rural water supply project.--
(A) In general.--The term ``rural water supply project''
means a project that is designed to serve a group of
communities, which may include Indian tribes and tribal
organizations, dispersed homesites, or rural areas with
domestic, industrial, municipal, and residential water, each
of which has a population of not more than 50,000
inhabitants.
(B) Inclusion.--The term ``rural water supply project''
includes--
(i) incidental noncommercial livestock watering and
noncommercial irrigation of vegetation and small gardens of
less than 1 acre; and
(ii) a project to improve rural water infrastructure,
including--
(I) pumps, pipes, wells, and other diversions;
(II) storage tanks and small impoundments;
(III) water treatment facilities for potable water
supplies;
(IV) equipment and management tools for water conservation,
groundwater recovery, and water recycling; and
(V) appurtenances.
(C) Exclusion.--The term ``rural water supply project''
does not include--
(i) commercial irrigation; or
(ii) major impoundment structures.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Tribal organization.--The term ``tribal organization''
means--
(A) the recognized governing body of an Indian tribe; and
(B) any legally established organization of Indians that is
controlled, sanctioned, or chartered by the governing body or
democratically elected by the adult members of the Indian
community to be served by the organization.
SEC. 103. RURAL WATER SUPPLY PROGRAM.
(a) In General.--The Secretary, in cooperation with non-
Federal project entities and consistent with this title,
shall establish and carry out a rural water supply program in
reclamation States to--
(1) investigate and identify opportunities to ensure safe
and adequate rural water supply projects for municipal and
industrial use in small communities and rural areas of the
reclamation States; and
(2) plan the design and construction, through the conduct
of appraisal investigations and feasibility studies, of rural
water supply projects in reclamation States.
(b) Non-Federal Project Entity.--Any activity carried out
under this title shall be carried out in cooperation with a
qualifying non-Federal project entity, consistent with this
title.
(c) Eligibility Criteria.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall,
consistent with this title, develop and publish in the
Federal Register criteria for--
(1) determining the eligibility of a rural community for
assistance under the program; and
(2) prioritizing requests for assistance under the program.
(d) Factors.--The criteria developed under subsection (c)
shall take into account such factors as whether--
(1) a rural water supply project--
(A) serves--
(i) rural areas and small communities; or
(ii) Indian tribes; or
(B) promotes and applies a regional or watershed
perspective to water resources management;
(2) there is an urgent and compelling need for a rural
water supply project that would--
(A) improve the health or aesthetic quality of water;
(B) result in continuous, measurable, and significant water
quality benefits; or
[[Page S4187]]
(C) address current or future water supply needs;
(3) a rural water supply project helps meet applicable
requirements established by law; and
(4) a rural water supply project is cost effective.
(e) Inclusions.--The Secretary may include--
(1) to the extent that connection provides a reliable water
supply, a connection to preexisting infrastructure (including
dams and conveyance channels) as part of a rural water supply
project; and
(2) notwithstanding the limitation in section 102(8), a
town or community with a population in excess of 50,000
inhabitants in an area served by a rural water supply project
if, at the discretion of the Secretary, the town or community
is considered to be a critical partner in the rural supply
project.
SEC. 104. RURAL WATER PROGRAMS ASSESSMENT.
(a) In General.--In consultation with the Secretary of
Agriculture, the Administrator of the Environmental
Protection Agency, and the Director of the Indian Health
Service, the Secretary shall develop an assessment of--
(1) the status of all rural water supply projects under the
jurisdiction of the Secretary authorized but not completed
prior to the date of enactment of this Act, including
appropriation amounts, the phase of development, total
anticipated costs, and obstacles to completion;
(2) the current plan (including projected financial and
workforce requirements) for the completion of the rural water
supply projects within the time frames established under the
provisions of law authorizing the projects or the final
engineering reports for the projects;
(3) the demand for rural water supply projects;
(4) programs within other agencies that can, and a
description of the extent to which the programs, provide
support for rural water supply projects and water treatment
programs in reclamation States, including an assessment of
the requirements, funding levels, and conditions for
eligibility for the programs assessed; and
(5) the extent of the unmet needs that the Secretary can
meet with the program that complements activities undertaken
under the authorities already within the jurisdiction of the
Secretary and the heads of the agencies with whom the
Secretary consults.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives a
detailed report on the assessment conducted under subsection
(a).
SEC. 105. APPRAISAL INVESTIGATIONS.
(a) In General.--On request of a non-Federal project entity
with respect to a proposed rural water supply project that
meets the eligibility criteria published under section 103(c)
and subject to the availability of appropriations, the
Secretary may--
(1) receive and review an appraisal investigation that is--
(A) developed by the non-Federal project entity independent
of support from the Secretary; and
(B) submitted to the Secretary by the non-Federal project
entity;
(2) conduct an appraisal investigation; or
(3) provide a grant to, or enter into a cooperative
agreement with, the non-Federal project entity to conduct an
appraisal investigation, if the Secretary determines that--
(A) the non-Federal project entity is qualified to complete
the appraisal investigation in accordance with the criteria
published under section 103(c); and
(B) using the non-Federal project entity to conduct the
appraisal investigation is the lowest cost alternative for
completing the appraisal investigation.
(b) Deadline.--An appraisal investigation conducted under
subsection (a) shall be scheduled for completion not later
than 2 years after the date on which the appraisal
investigation is initiated.
(c) Appraisal Report.--As soon as practicable after an
appraisal investigation is submitted to the Secretary under
subsection (a)(1) or completed under paragraph (2) or (3) of
subsection (a), the Secretary shall prepare an appraisal
report that--
(1) considers--
(A) whether the project meets--
(i) the appraisal criteria developed under subsection (d);
and
(ii) the eligibility criteria developed under section
103(c);
(B) whether viable water supplies and water rights exist to
supply the project, including all practicable water sources
such as lower quality waters, nonpotable waters, and water
reuse-based water supplies;
(C) whether the project has a positive effect on public
health and safety;
(D) whether the project will meet water demand, including
projected future needs;
(E) the extent to which the project provides environmental
benefits, including source water protection;
(F) the ability of the project to supply water consistent
with Indian trust responsibilities, as appropriate;
(G) whether the project applies a regional or watershed
perspective and promotes benefits in the region in which the
project is carried out;
(H) whether the project--
(i)(I) implements an integrated resources management
approach; or
(II) enhances water management flexibility, including
providing for--
(aa) local control to manage water supplies under varying
water supply conditions; and
(bb) participation in water banking and markets for
domestic and environmental purposes; and
(ii) promotes long-term protection of water supplies;
(I) preliminary cost estimates for the project; and
(J) whether the non-Federal project entity has the
capability to pay 100 percent of the costs associated with
the operations, maintenance, and replacement of the
facilities constructed or developed as part of the rural
water supply project; and
(2) provides recommendations on whether a feasibility study
should be initiated under section 106(a).
(d) Appraisal Criteria.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
criteria (including appraisal factors listed under subsection
(c)) against which the appraisal investigations shall be
assessed for completeness and appropriateness for a
feasibility study.
(2) Inclusions.--To minimize the cost of a rural water
supply project to a non-Federal project entity, the Secretary
shall include in the criteria methods to scale the level of
effort needed to complete the appraisal investigation
relative to the total size and cost of the proposed rural
water supply project.
(e) Review of Appraisal Investigation.--Not later than 180
days after the date of submission of an appraisal
investigation under subsection (a)(1) or the completion of an
appraisal investigation under paragraph (2) or (3) of
subsection (a), the Secretary shall--
(1) with respect to an appraisal investigation conducted by
a non-Federal project entity under subsection (a)(1), provide
to the non-Federal entity an evaluation of whether the
appraisal investigation satisfies the criteria promulgated
under subsection (d);
(2) make available to the public, on request, the results
of each appraisal investigation conducted under this title;
and
(3) promptly publish in the Federal Register a notice of
the availability of the results.
(f) Costs.--
(1) Federal share.--The Federal share of an appraisal
investigation conducted under subsection (a) shall be 100
percent of the total cost of the appraisal investigation, up
to $200,000.
(2) Non-federal share.--
(A) In general.--Except as provided in subparagraph (B), if
the cost of conducting an appraisal investigation is more
than $200,000, the non-Federal share of the costs in excess
of $200,000 shall be 50 percent.
(B) Exception.--The Secretary may reduce the non-Federal
share required under subparagraph (A) if the Secretary
determines that there is an overwhelming Federal interest in
the appraisal investigation.
(g) Consultation; Identification of Funding Sources.--In
conducting an appraisal investigation under subsection
(a)(2), the Secretary shall--
(1) consult and cooperate with the non-Federal project
entity and appropriate State, tribal, regional, and local
authorities;
(2) consult with the heads of appropriate Federal agencies
to--
(A) ensure that the proposed rural water supply project
does not duplicate a project carried out under the authority
of the agency head; and
(B) if a duplicate project is being carried out, identify
the authority under which the duplicate project is being
carried out; and
(3) identify what funding sources are available for the
proposed rural water supply project.
SEC. 106. FEASIBILITY STUDIES.
(a) In General.--On completion of an appraisal report under
section 105(c) that recommends undertaking a feasibility
study and subject to the availability of appropriations, the
Secretary shall--
(1) in cooperation with a non-Federal project entity, carry
out a study to determine the feasibility of the proposed
rural water supply project;
(2) receive and review a feasibility study that is--
(A) developed by the non-Federal project entity independent
of support from the Secretary; and
(B) submitted to the Secretary by the non-Federal project
entity; or
(3) provide a grant to, or enter into a cooperative
agreement with, a non-Federal project entity to conduct a
feasibility study, for submission to the Secretary, if the
Secretary determines that--
(A) the non-Federal entity is qualified to complete the
feasibility study in accordance with the criteria promulgated
under subsection (d); and
(B) using the non-Federal project entity to conduct the
feasibility study is the lowest cost alternative for
completing the appraisal investigation.
(b) Review of Non-Federal Feasibility Studies.--
(1) In general.--In conducting a review of a feasibility
study submitted under paragraph (2) or (3) of subsection (a),
the Secretary shall--
(A) in accordance with the feasibility factors described in
subsection (c) and the criteria promulgated under subsection
(d), assess the completeness of the feasibility study; and
[[Page S4188]]
(B) if the Secretary determines that a feasibility study is
not complete, notify the non-Federal entity of the
determination.
(2) Revisions.--If the Secretary determines under paragraph
(1)(B) that a feasibility study is not complete, the non-
Federal entity shall pay any costs associated with revising
the feasibility study.
(c) Feasibility Factors.--Feasibility studies authorized or
reviewed under this title shall include an assessment of--
(1) near- and long-term water demand in the region to be
served by the rural water supply project;
(2) advancement of public health and safety of any existing
rural water supply project and other benefits of the proposed
rural water supply project;
(3) alternative new water supplies in the study area,
including any opportunities to treat and use low-quality
water, nonpotable water, water reuse-based supplies, and
brackish and saline waters through innovative and
economically viable treatment technologies;
(4) environmental quality and source water protection
issues related to the rural water supply project;
(5) innovative opportunities for water conservation in the
study area to reduce water use and water system costs,
including--
(A) nonstructural approaches to reduce the need for the
project; and
(B) demonstration technologies;
(6) the extent to which the project and alternatives take
advantage of economic incentives and the use of market-based
mechanisms;
(7)(A) the construction costs and projected operations,
maintenance, and replacement costs of all alternatives; and
(B) the economic feasibility and lowest cost method of
obtaining the desired results of each alternative, taking
into account the Federal cost-share;
(8) the availability of guaranteed loans for a proposed
rural water supply project;
(9) the financial capability of the non-Federal project
entity to pay the non-Federal project entity's proportionate
share of the design and construction costs and 100 percent of
operations, maintenance, and replacement costs, including the
allocation of costs to each non-Federal project entity in the
case of multiple entities;
(10) whether the non-Federal project entity has developed
an operations, management, and replacement plan to assist the
non-Federal project entity in establishing rates and fees for
beneficiaries of the rural water supply project;
(11)(A) the non-Federal project entity administrative
organization that would implement construction, operations,
maintenance, and replacement activities; and
(B) the fiscal, administrative, and operational controls to
be implemented to manage the project;
(12) the extent to which the project addresses Indian trust
responsibilities, as appropriate;
(13) the extent to which assistance for rural water supply
is available under other Federal authorities;
(14) the engineering, environmental, and economic
activities to be undertaken to carry out the study;
(15) the extent to which the project involves partnerships
with other State, local, or tribal governments or Federal
entities; and
(16) in the case of a project intended for Indian tribes
and tribal organizations, the extent to which the project
addresses the goal of economic self-sufficiency.
(d) Feasibility Study Criteria.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall promulgate
criteria (including the feasibility factors listed under
subsection (c)) under which the feasibility studies shall be
assessed for completeness and appropriateness.
(2) Inclusions.--The Secretary shall include in the
criteria promulgated under paragraph (1) methods to scale the
level of effort needed to complete the feasibility assessment
relative to the total size and cost of the proposed rural
water supply project and reduce total costs to non-Federal
entities.
(e) Feasibility Report.--
(1) In general.--After completion of appropriate
feasibility studies for rural water supply projects that
address the factors described in subsection (c) and the
criteria promulgated under subsection (d), the Secretary
shall--
(A) develop a feasibility report that includes--
(i) a recommendation of the Secretary on--
(I) whether the rural water supply project should be
authorized for construction; and
(II) the appropriate non-Federal share of construction
costs, which shall be--
(aa) at least 25 percent of the total construction costs;
and
(bb) determined based on an analysis of the capability-to-
pay information considered under subsections (c)(9) and (f);
and
(ii) if the Secretary recommends that the project should be
authorized for construction--
(I) what amount of grants, loan guarantees, or combination
of grants and loan guarantees should be used to provide the
Federal cost share;
(II) a schedule that identifies the annual operations,
maintenance, and replacement costs that should be allocated
to each non-Federal entity participating in the rural water
supply project; and
(III) an assessment of the financial capability of each
non-Federal entity participating in the rural water supply
project to pay the allocated annual operation, maintenance,
and replacement costs for the rural water supply project;
(B) submit the report to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives;
(C) make the report publicly available, along with
associated study documents; and
(D) publish in the Federal Register a notice of the
availability of the results.
(f) Capability-To-Pay.--
(1) In general.--In evaluating a proposed rural water
supply project under this section, the Secretary shall--
(A) consider the financial capability of any non-Federal
project entities participating in the rural water supply
project to pay the capital construction costs of the rural
water supply project; and
(B) recommend an appropriate Federal share and non-Federal
share of the capital construction costs, as determined by the
Secretary.
(2) Factors.--In determining the financial capability of
non-Federal project entities to pay for a rural water supply
project under paragraph (1), the Secretary shall evaluate
factors for the project area, relative to the State and
county average, including--
(A) per capita income;
(B) median household income;
(C) the poverty rate;
(D) the ability of the non-Federal project entity to raise
tax revenues or assess fees;
(E) the strength of the balance sheet of the non-Federal
project entity; and
(F) the existing cost of water in the region.
(3) Indian tribes.--In determining the capability-to-pay of
Indian tribe project beneficiaries, the Secretary may
consider deferring the collection of all or part of the non-
Federal construction costs apportioned to Indian tribe
project beneficiaries unless or until the Secretary
determines that the Indian tribe project beneficiaries should
pay--
(A) the costs allocated to the beneficiaries; or
(B) an appropriate portion of the costs.
(g) Cost-Sharing Requirement.--
(1) In general.--Except as otherwise provided in this
subsection, the Federal share of the cost of a feasibility
study carried out under this section shall not exceed 50
percent of the study costs.
(2) Form.--The non-Federal share under paragraph (1) may be
in the form of any in-kind services that the Secretary
determines would contribute substantially toward the conduct
and completion of the study.
(3) Financial hardship.--The Secretary may increase the
Federal share of the costs of a feasibility study if the
Secretary determines, based on a demonstration of financial
hardship, that the non-Federal participant is unable to
contribute at least 50 percent of the costs of the study.
(4) Larger communities.--In conducting a feasibility study
of a rural water supply system that includes a community with
a population in excess of 50,000 inhabitants, the Secretary
may require the community to pay a greater percentage of the
non-Federal share than that required for communities with
less than 50,000 inhabitants.
(h) Consultation and Cooperation.--In addition to the non-
Federal project entity, the Secretary shall consult and
cooperate with appropriate Federal, State, tribal, regional,
and local authorities during the conduct of each feasibility
assessment and development of the feasibility report
conducted under this title.
SEC. 107. MISCELLANEOUS.
(a) Authority of Secretary.--The Secretary may enter into
contracts, financial assistance agreements, and such other
agreements, and promulgate such regulations, as are necessary
to carry out this title.
(b) Transfer of Projects.--Nothing in this title authorizes
the transfer of pre-existing facilities or pre-existing
components of any water system from Federal to private
ownership or from private to Federal ownership.
(c) Federal Reclamation Law.--Nothing in this title
supersedes or amends any Federal law associated with a
project, or portion of a project, constructed under Federal
reclamation law.
(d) Interagency Coordination.--The Secretary shall
coordinate the program carried out under this title with
existing Federal and State rural water and wastewater
programs to facilitate the most efficient and effective
solution to meeting the water needs of the non-Federal
project sponsors.
(e) Multiple Indian Tribes.--In any case in which a
contract is entered into with, or a grant is made, to an
organization to perform services benefitting more than 1
Indian tribe under this title, the approval of each such
Indian tribe shall be a prerequisite to entering into the
contract or making the grant.
(f) Ownership of Facilities.--Title to any facility
planned, designed, and recommended for construction under
this title is intended to be held by the non-Federal project
entity.
(g) Effect on State Water Law.--
(1) In general.--Nothing in this title preempts or affects
State water law or an interstate compact governing water.
(2) Compliance required.--The Secretary shall comply with
State water laws in carrying out this title.
(h) No Additional Requirements.--Nothing in this title
requires a feasibility study for, or imposes any other
additional requirements with respect to, rural water supply
[[Page S4189]]
projects or programs that are authorized before the date of
enactment of this Act.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $20,000,000 for the period of fiscal
years 2006 through 2015, to remain available until expended.
(b) Rural Water Programs Assessment.--Of the amounts made
available under subsection (a), not more than $1,000,000 may
be made available to carry out section 104 for each of fiscal
years 2006 and 2007.
(c) Limitation.--No amounts made available under this
section shall be used to pay construction costs associated
with any rural water supply project.
TITLE II--TWENTY-FIRST CENTURY WATER WORKS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Twenty-First Century Water
Works Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulation (or any
successor regulation), known as Rule 144A(a) of the
Securities and Exchange Commission and issued under the
Securities Act of 1933 (15 U.S.C. 77a et seq.)).
(3) Loan guarantee.--The term ``loan guarantee'' means any
guarantee, insurance, or other pledge by the Secretary to pay
all or part of the principal of, and interest on, a loan or
other debt obligation of a non-Federal borrower to a lender.
(4) Non-federal borrower.--The term ``non-Federal
borrower'' means--
(A) a State (including a department, agency, or political
subdivision of a State); or
(B) a conservancy district, irrigation district, canal
company, water users' association, Indian tribe, an agency
created by interstate compact, or any other entity that has
the capacity to contract with the United States under Federal
reclamation law.
(5) Project.--The term ``project'' means--
(A) a rural water supply project (as defined in section
102(8)); or
(B) an extraordinary operation and maintenance activity
for, or the rehabilitation of, a facility--
(i) that is authorized by Federal reclamation law and
constructed by the United States under such law; or
(ii) in connection with which there is a repayment or water
service contract executed by the United States under Federal
reclamation law.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 203. PROJECT ELIGIBILITY.
(a) Eligibility Criteria.--
(1) In general.--The Secretary shall develop and publish in
the Federal Register criteria for determining the eligibility
of a project for financial assistance under section 204.
(2) Inclusions.--Eligibility criteria shall include--
(A) submission of an application by the lender to the
Secretary;
(B) demonstration of the creditworthiness of the project,
including a determination by the Secretary that any financing
for the project has appropriate security features to ensure
repayment;
(C) demonstration by the non-Federal borrower, to the
satisfaction of the Secretary, of the ability of the non-
Federal borrower to repay the project financing from user
fees or other dedicated revenue sources;
(D) demonstration by the non-Federal borrower, to the
satisfaction of the Secretary, of the ability of the non-
Federal borrower to pay all operations, maintenance, and
replacement costs of the project facilities; and
(E) such other criteria as the Secretary determines to be
appropriate.
(b) Waiver.--The Secretary may waive any of the criteria in
subsection (a)(2) that the Secretary determines to be
duplicative or rendered unnecessary because of an action
already taken by the United States.
(c) Projects Previously Authorized.--A project that was
authorized for construction under Federal reclamation laws
prior to the date of enactment of this Act shall be eligible
for assistance under this title, subject to the criteria
established by the Secretary under subsection (a).
(d) Criteria for Rural Water Supply Projects.--A rural
water supply project that is determined to be feasible under
section 106 is eligible for a loan guarantee under section
204.
SEC. 204. LOAN GUARANTEES.
(a) Authority.--Subject to the availability of
appropriations, the Secretary may make available to lenders
for a project meeting the eligibility criteria established in
section 203 loan guarantees to supplement private-sector or
lender financing for the project.
(b) Terms and Limitations.--
(1) In general.--Loan guarantees under this section for a
project shall be on such terms and conditions and contain
such covenants, representations, warranties, and requirements
as the Secretary determines to be appropriate to protect the
financial interests of the United States.
(2) Maximum amount.--The amount of a loan guarantee shall
not exceed 90 percent of the reasonably anticipated eligible
project costs.
(3) Interest rate.--The interest rate on a loan guarantee
shall be negotiated between the non-Federal borrower and the
lender with the consent of the Secretary.
(4) Amortization.--A loan guarantee under this section
shall provide for complete amortization of the loan guarantee
within not more than 40 years.
(5) Non-subordination.--In case of bankruptcy, insolvency,
or liquidation of the non-Federal borrower, a loan guarantee
shall not be subordinated to the claims of any holder of
project obligations.
(c) Prepayment and Refinancing.--Any prepayment or
refinancing terms on a loan guarantee shall be negotiated
between the non-Federal borrower and the lender with the
consent of the Secretary.
SEC. 205. OPERATIONS, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--The non-Federal share of operations,
maintenance, and replacement costs for a project receiving
Federal assistance under this title shall be 100 percent.
(b) Plan.--On request of the non-Federal borrower, the
Secretary may assist in the development of an operation,
maintenance, and replacement plan to provide the necessary
framework to assist the non-Federal borrower in establishing
rates and fees for project beneficiaries.
SEC. 206. TITLE TO NEWLY CONSTRUCTED FACILITIES.
(a) New Projects and Facilities.--All new projects or
facilities constructed in accordance with this title shall
remain under the jurisdiction and control of the non-Federal
borrower subject to the terms of the repayment agreement.
(b) Existing Projects and Facilities.--Nothing in this
title affects the title of--
(1) reclamation projects authorized prior to the date of
enactment of this Act;
(2) works supplemental to existing reclamation projects; or
(3) works constructed to rehabilitate existing reclamation
projects.
SEC. 207. WATER RIGHTS.
(a) In General.--Nothing in this title preempts or affects
State water law or an interstate compact governing water.
(b) Compliance Required.--The Secretary shall comply with
State water laws in carrying out this title. Nothing in this
title affects or preempts State water law or an interstate
compact governing water.
SEC. 208. INTERAGENCY COORDINATION AND COOPERATION.
The Secretary and the Secretary of Agriculture shall enter
into a memorandum of agreement providing for Department of
Agriculture financial appraisal functions and loan guarantee
administration for activities carried out under this title.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title, to remain available until
expended.
______
BY Mr. FEINGOLD:
S. 896. A bill to modify the optional method of computing net
earnings from self-employment; to the Committee on Finance.
Mr. FEINGOLD. Mr. President, today I am introducing legislation to
address an injustice in the Tax Code that is threatening family farmers
and other self-employed individuals. Some of my constituents, primarily
Wisconsin farmers, have requested Congress's assistance to correct the
Tax Code so they can protect their families. The legislation I
introduce today, the Farmer Tax Fairness Act of 2005, is similar to
legislation I introduced last Congress and will solve the problem for
today and into the future.
Farming is vital to Wisconsin. Wisconsin's agricultural industry
plays a large and important role in the growth and prosperity of the
entire State. Wisconsin's status as ``America's Dairyland,'' is central
to our State's agriculture industry. Wisconsin's dairy farmers produce
approximately 23 billion pounds of milk and 25 percent of the country's
butter a year. But Wisconsin's farmers produce much more than milk;
they also are national leaders in the production of cheese, potatoes,
ginseng, cranberries, various processing vegetables, and many organic
foods. So when the hard-working farmers of Wisconsin need help, I will
do all I can to assist.
One concern that I have heard from Wisconsin farmers is that the Tax
Code can limit their eligibility for social safety net programs,
including old age, survivors, and disability insurance, OASDI, under
Social Security and the hospital insurance HI part of Medicare. These
programs are paid for through payroll taxes on workers and through the
self-employment tax on the income of self-employed individuals. To be
eligible for OSADI and HI benefits an individual must be fully insured
and must have earned a minimum amount of income in the years
immediately preceding the need for coverage. Every year, the Social
Security Administration, SSA, sets the amount of earned
[[Page S4190]]
income that individuals must pay taxes on to earn quarters of coverage,
QCs, and maintain their benefits. An individual's eligibility
requirements depend upon the age at which death or disability occurs,
but for workers over 31 years of age, they must have earned at least 20
QCs within the past 10 years.
Self-employed individuals can have highly variable income, and,
particularly for farmers who are at the whim of Mother Nature, not
every year is a good year. During lean years, individuals may not earn
enough income to maintain adequate coverage under OASDI and HI.
Therefore, the Tax Code provides options to allow self-employed
individuals to maintain eligibility for benefits. These options allow
individuals to choose to pay taxes based on $1,600 of earned income,
thus allowing self-employed entrepreneurs to maintain the same Federal
protections even when their income varies.
Unfortunately, both the options for farmers and nonfarmers--Social
Security Act 211(a) and I.R.C. Sec. 1402(a)--have not kept pace with
inflation, and they no longer provide security to families across the
country. Decades ago, self-employment income of $1,600 earned an
individual four QCs under SSA's calculations. In 2001, the amount
needed to earn a QC rose to $830 of earned income, so individuals
electing the optional methods were only able to earn one QC per year,
making it much harder for them to remain eligible for benefits because
they must average 2 QCs per year to be eligible.
Congress's failure to address this problem threatens the ability of
self-employed individuals to maintain eligibility for OASDI and HI. I
have heard from several of my constituent who want these options to be
fixed so they can make sure their families will be taken care of in the
event that something unforeseen occurs.
Therefore, I am introducing the Farmer Tax Fairness Act of 2005 in
order to provide farmers and self-employed individuals with a fair
choice. Under this bill, they will continue to be able to elect the
optional method if they so choose. When individuals do elect the
option, this legislation provides an update to the Tax Code so farmers
and self-employed individuals can retain full eligibility for OASDI and
HI benefits. It indexes the optional income levels to SSA's QC
calculations, allowing these farmers and self-employed individuals to
claim enough earned income to qualify for four OCs annually. In
addition, by linking the earned income level to SSA's requirements for
QCs, the bill will ensure that the amount of income deemed to be earned
under the optional methods will not need to be adjusted by Congress
again.
Along with providing security to self-employed individuals and
farmers across the country, this solution is fiscally responsible. It
actually provides a short run increase in U.S. Treasury revenues while
having negligible impact upon the Social Security trust fund in the
long run.
Let me take a moment to acknowledge the efforts of the Senator from
Iowa, Mr. Grassley, to address this problem in the 107th Congress. As
chairman of the Senate Finance Committee, he included similar
legislative language in the chairman's mark for the Small Business and
Farm Economic Recovery Act of 2002. The Senate Finance Committee held a
markup on the legislation on September 19, 2002, but the changes to the
optional methods did not become law.
When incomes fall, the Tax Code provides optional methods for
calculating net earnings to ensure that farmers and self-employed
individuals maintain eligibility for social safety net programs. When
these provisions were developed, Congress intended self-employed
individuals to have the ability to pay enough to earn a full 4 QCs.
Unfortunately the Tax Code has not kept up with the times and due to
inflation many farmers are losing eligibility for some of Social
Security's programs. Congress needs to provide security to farm
families and other self-employed individuals. I urge my colleagues to
support the Farmer Tax Fairness Act of 2005.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 896
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmer Tax Fairness Act of
2005''.
SEC. 2. MODIFICATION TO OPTIONAL METHOD OF COMPUTING NET
EARNINGS FROM SELF-EMPLOYMENT.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--The matter following paragraph (15) of
section 1402(a) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``$2,400'' each place it appears and
inserting ``the upper limit'', and
(B) by striking ``$1,600'' each place it appears and
inserting ``the lower limit''.
(2) Definitions.--Section 1402 of such Code is amended by
adding at the end the following new subsection:
``(l) Upper and Lower Limits.--For purposes of subsection
(a)--
``(1) Lower limit.--The lower limit for any taxable year is
the sum of the amounts required under section 213(d) of the
Social Security Act for a quarter of coverage in effect with
respect to each calendar quarter ending with or within such
taxable year.
``(2) Upper limit.--The upper limit for any taxable year is
the amount equal to 150 percent of the lower limit for such
taxable year.''.
(b) Amendments to the Social Security Act.--
(1) In general.--The matter following paragraph (15) of
section 211(a) of the Social Security Act is amended--
(A) by striking ``$2,400'' each place it appears and
inserting ``the upper limit'', and
(B) by striking ``$1,600'' each place it appears and
inserting ``the lower limit''.
(2) Definitions.--Section 211 of such Act is amended by
adding at the end the following new subsection:
``Upper and Lower Limits
``(k) For purposes of subsection (a)--
``(1) The lower limit for any taxable year is the sum of
the amounts required under section 213(d) for a quarter of
coverage in effect with respect to each calendar quarter
ending with or within such taxable year.
``(2) The upper limit for any taxable year is the amount
equal to 150 percent of the lower limit for such taxable
year.''.
(3) Conforming amendment.--Section 212 of such Act is
amended--
(A) in subsection (b), by striking ``For'' and inserting
``Except as provided in subsection (c), for''; and
(B) by adding at the end the following new subsection:
``(c) For the purpose of determining average indexed
monthly earnings, average monthly wage, and quarters of
coverage in the case of any individual who elects the option
described in clause (ii) or (iv) in the matter following
section 211(a)(15) for any taxable year that does not begin
with or during a particular calendar year and end with or
during such year, the self-employment income of such
individual deemed to be derived during such taxable year
shall be allocated to the two calendar years, portions of
which are included within such taxable year, in the same
proportion to the total of such deemed self-employment income
as the sum of the amounts applicable under section 213(d) for
the calendar quarters ending with or within each such
calendar year bears to the lower limit for such taxable year
specified in section 211(k)(1).''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
By Mr. HATCH (for himself, Mr. Grassley, and Mr. Baucus):
S. 897. A bill to amend the Internal Revenue Code of 1986 to clarify
the calculation of the reserve allowance for medical benefits of plans
sponsored by bona fide associations; to the Committee on Finance.
Mr. HATCH. Mr. President, I rise today to introduce a bill to clarify
the tax treatment of a narrow range of health plans sponsored by
associations. I am joined in this effort by my good friends and
colleagues, the Chairman and the Ranking Democratic Member of the
Finance Committee respectively, Senator Grassley and Senator Baucus.
For many years, trade associations of small businesses have sponsored
plans for their member companies to provide health care coverage to
their employees. These plans have helped thousands of small businesses
across the country control rising health care costs and keep
administrative costs to a minimum.
Unfortunately, final regulations issued by the Internal Revenue
Service in 2003 concerning ``10-or-more'' employer health benefit plans
that use the experience-rating method threaten to shut down the health
plans of many associations. Essentially, these regulations state that
health plans that utilize experience rating are not allowed to
accumulate reserves, forcing them into the untenable position of either
[[Page S4191]]
operating on a break-even basis or losing money.
These regulations were not aimed directly at association health
plans, but at certain other employer-provided benefits, such as life
and disability insurance, where the IRS has found a pattern of abuse
among some companies. However, the proposed implementation of the
regulations make it impossible for an association to continue operating
a health plan for the group's small business members, even where no
abuse of the rules has occurred.
For example, in my home State of Utah, at least one association of
small businesses has already been negatively affected by these
regulations. This association has dozens of small business members that
are dependent upon the health plan the association has had in place for
decades. Compliance with the regulations will very likely lead to
increased costs for health coverage for the 1,300 employees and their
2,200 dependents of these small businesses. If the trust is not able to
properly reserve funds for the future, some of these businesses could
be forced to drop out as premiums rise higher and higher and the plan
is unable to offset those increases with the reserves.
The legislation we are introducing today would correct this problem
by providing that medical benefit plans of bona fide associations may
have a reserve of up to 35 percent. This amount is designed to give
association health plans the flexibility they need without raising the
potential for abuse.
In the face of rising health care costs, employers that offer health
coverage to their employees are struggling to maintain these benefits,
and those who do not offer coverage find the cost of providing this
important advantage increasingly out of reach. With the recent 59
percent spike in health care costs over the past five years, employers
have had to resort to various cost-cutting moves in order to keep
providing health care benefits. The IRS regulations affecting 10-or-
more employer health benefit plans could strike a devastating blow to
many small businesses, forcing them to stop providing health care
benefits altogether, or at least making the coverage more expensive
and/or less available to employees.
This legislation was developed with bipartisan support. It is
noncontroversial. It corrects a problem created by a well-meaning
regulation that inadvertently overreached its target. I urge all of my
colleagues to help us correct this error and not allow medical benefit
health plans offered by small business associations to be forced to
shut down, leaving thousands of employees facing higher costs for
medical coverage, or worse, no coverage at all.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 897
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ALLOWANCE OF RESERVE FOR MEDICAL BENEFITS OF PLANS
SPONSORED BY BONA FIDE ASSOCIATIONS.
(a) In General.--Section 419A(c) of the Internal Revenue
Code of 1986 (relating to account limit) is amended by adding
at the end the following new paragraph:
``(6) Additional reserve for medical benefits of bona fide
association plans.--
``(A) In general.--An applicable account limit for any
taxable year may include a reserve in an amount not to exceed
35 percent of the sum of--
``(i) the qualified direct costs, and
``(ii) the change in claims incurred, but unpaid, for such
taxable year with respect to medical benefits (other than
post-retirement medical benefits).
``(B) Applicable account limit.--For purposes of this
subsection, the term `applicable account limit' means an
account limit for a qualified asset account with respect to
medical benefits provided through a plan maintained by a bona
fide association (as defined in section 2791(d)(3) of the
Public Health Service Act (42 U.S.C. 300gg-91(d)(3))''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years ending after December 31, 2004.
Mr. BAUCUS. Mr. President, I am pleased to join my colleagues,
Senators Hatch and Grassley, in introducing legislation that will allow
associations to make health insurance available to employers without
either wondering if the full premium is deductible, or holding minimal
reserves.
Across this country, many associations sponsor health insurance plans
for member employers--plans that provide health coverage for thousands
of working Americans. These arrangements allow smaller employers to get
a better deal on insurance than they could on their own. As we struggle
to improve the number of Americans who have health insurance coverage,
we surely want to encourage an arrangement that provides cost-effective
health benefits.
In order to smooth the cost of these medical benefits, these plans
often hold reserves that are more than is necessary to cover unpaid
claims that have been incurred at the end of the year. We should
encourage that practice. But current law discourages these plans from
holding more than the bare minimum in reserve.
The problem is that these plans use welfare trusts as a vehicle to
fund the benefits. Under current law, if a state trade association
sponsors a health welfare trust, and that trust does not charge every
participant the same premium, then that plan may have to go back to
employers after the end of the year and say ``Sorry. You can't deduct
all of that premium we asked you to pay last year.'' Either that, or
the association has to keep premiums low enough to avoid non-deductible
contributions, and risk under-funding the benefits. That is not a good
outcome.
So we have a simple solution here. This bill allows these association
health plans to maintain reserves of thirty-five percent of annual
costs without jeopardizing the deductibility of employer contributions
to the trust. With current technology, claims are usually processed in
a matter of days, not months, so thirty-five percent of annual costs is
more than is normally needed to cover unpaid claims at the end of the
year. That will leave a cushion to cover adverse experience, and help
smooth future premium fluctuations.
This simple change will allow bona fide associations all over this
country to not only continue providing health benefits, but to secure
those benefits with adequate reserves. Plans like the State Bankers
Association Group Benefits Trust that has been operating out of my home
town of Helena, Montana, since 1978. This Trust provides health
insurance to employees of banks in Montana, Wyoming, and Idaho. Forty-
nine Montana banks provide coverage for nearly 3,000 Montanans through
this program.
This bill is important to the employers and employees who get health
insurance coverage through the State Bankers' trust, and the many other
association health trusts in Montana and around the country. We
encourage our colleagues to join us in helping associations continue to
provide health benefits to tens of thousands of American workers and
their families.
______
By Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. Brownback, Mr.
Kennedy, and Mr. Cochran):
S. 898. A bill to amend the Public Health Service Act to authorize a
demonstration grant program to provide patient navigator services to
reduce barriers and improve health care outcomes, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 898
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Navigator Outreach
and Chronic Disease Prevention Act of 2005''.
SEC. 2. PATIENT NAVIGATOR GRANTS.
Subpart V of part D of title III of the Public Health
Service Act (42 U.S.C. 256) is amended by adding at the end
the following:
``SEC. 340A. PATIENT NAVIGATOR GRANTS.
``(a) Grants.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may make grants to eligible entities for the
development and operation of demonstration programs to
provide patient navigator services to improve health care
outcomes. The Secretary shall coordinate with, and ensure the
participation of, the Indian Health Service, the National
Cancer Institute, the Office of Rural Health Policy, and such
other offices and agencies as deemed appropriate by
[[Page S4192]]
the Secretary, regarding the design and evaluation of the
demonstration programs.
``(b) Use of Funds.--The Secretary shall require each
recipient of a grant under this section to use the grant to
recruit, assign, train, and employ patient navigators who
have direct knowledge of the communities they serve to
facilitate the care of individuals, including by performing
each of the following duties:
``(1) Acting as contacts, including by assisting in the
coordination of health care services and provider referrals,
for individuals who are seeking prevention or early detection
services for, or who following a screening or early detection
service are found to have a symptom, abnormal finding, or
diagnosis of, cancer or other chronic disease.
``(2) Facilitating the involvement of community
organizations in assisting individuals who are at risk for or
who have cancer or other chronic diseases to receive better
access to high-quality health care services (such as by
creating partnerships with patient advocacy groups,
charities, health care centers, community hospice centers,
other health care providers, or other organizations in the
targeted community).
``(3) Notifying individuals of clinical trials and, on
request, facilitating enrollment of eligible individuals in
these trials.
``(4) Anticipating, identifying, and helping patients to
overcome barriers within the health care system to ensure
prompt diagnostic and treatment resolution of an abnormal
finding of cancer or other chronic disease.
``(5) Coordinating with the relevant health insurance
ombudsman programs to provide information to individuals who
are at risk for or who have cancer or other chronic diseases
about health coverage, including private insurance, health
care savings accounts, and other publicly funded programs
(such as Medicare, Medicaid, health programs operated by the
Department of Veterans Affairs or the Department of Defense,
the State children's health insurance program, and any
private or governmental prescription assistance programs).
``(6) Conducting ongoing outreach to health disparity
populations, including the uninsured, rural populations, and
other medically underserved populations, in addition to
assisting other individuals who are at risk for or who have
cancer or other chronic diseases to seek preventative care.
``(c) Prohibitions.--
``(1) Referral fees.--The Secretary shall require each
recipient of a grant under this section to prohibit any
patient navigator providing services under the grant from
accepting any referral fee, kickback, or other thing of value
in return for referring an individual to a particular health
care provider.
``(2) Legal fees and costs.--The Secretary shall prohibit
the use of any grant funds received under this section to pay
any fees or costs resulting from any litigation, arbitration,
mediation, or other proceeding to resolve a legal dispute.
``(d) Grant Period.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may award grants under this section for periods of
not more than 3 years.
``(2) Extensions.--Subject to paragraph (3), the Secretary
may extend the period of a grant under this section. Each
such extension shall be for a period of not more than 1 year.
``(3) Limitations on grant period.--In carrying out this
section, the Secretary--
``(A) shall ensure that the total period of a grant does
not exceed 4 years; and
``(B) may not authorize any grant period ending after
September 30, 2010.
``(e) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary
in such form, in such manner, and containing such information
as the Secretary may require.
``(2) Contents.--At a minimum, the Secretary shall require
each such application to outline how the eligible entity will
establish baseline measures and benchmarks that meet the
Secretary's requirements to evaluate program outcomes.
``(f) Uniform Baseline Measures.--The Secretary shall
establish uniform baseline measures in order to properly
evaluate the impact of the demonstration projects under this
section.
``(g) Preference.--In making grants under this section, the
Secretary shall give preference to eligible entities that
demonstrate in their applications plans to utilize patient
navigator services to overcome significant barriers in order
to improve health care outcomes in their respective
communities.
``(h) Duplication of Services.--An eligible entity that is
receiving Federal funds for activities described in
subsection (b) on the date on which the entity submits an
application under subsection (e), may not receive a grant
under this section unless the entity can demonstrate that
amounts received under the grant will be utilized to expand
services or provide new services to individuals who would not
otherwise be served.
``(i) Coordination With Other Programs.--The Secretary
shall ensure coordination of the demonstration grant program
under this section with existing authorized programs in order
to facilitate access to high-quality health care services.
``(j) Study; Reports.--
``(1) Final report by secretary.--Not later than 6 months
after the completion of the demonstration grant program under
this section, the Secretary shall conduct a study of the
results of the program and submit to the Congress a report on
such results that includes the following:
``(A) An evaluation of the program outcomes, including--
``(i) quantitative analysis of baseline and benchmark
measures; and
``(ii) aggregate information about the patients served and
program activities.
``(B) Recommendations on whether patient navigator programs
could be used to improve patient outcomes in other public
health areas.
``(2) Reports by secretary.--The Secretary may provide
interim reports to the Congress on the demonstration grant
program under this section at such intervals as the Secretary
determines to be appropriate.
``(3) Interim reports by grantees.--The Secretary may
require grant recipients under this section to submit interim
and final reports on grant program outcomes.
``(k) Rule of Construction.--This section shall not be
construed to authorize funding for the delivery of health
care services (other than the patient navigator duties listed
in subsection (b)).
``(l) Definitions.--In this section:
``(1) The term `eligible entity' means a public or
nonprofit private health center (including a Federally
qualified health center (as that term is defined in section
1861(aa)(4) of the Social Security Act)), a health facility
operated by or pursuant to a contract with the Indian Health
Service, a hospital, a cancer center, a rural health clinic,
an academic health center, or a nonprofit entity that enters
into a partnership or coordinates referrals with such a
center, clinic, facility, or hospital to provide patient
navigator services.
``(2) The term `health disparity population' means a
population that, as determined by the Secretary, has a
significant disparity in the overall rate of disease
incidence, prevalence, morbidity, mortality, or survival
rates as compared to the health status of the general
population.
``(3) The term `patient navigator' means an individual who
has completed a training program approved by the Secretary to
perform the duties listed in subsection (b).
``(m) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated $2,000,000 for fiscal year
2006, $5,000,000 for fiscal year 2007, $8,000,000 for fiscal
year 2008, $6,500,000 for fiscal year 2009, and $3,500,000
for fiscal year 2010.
``(2) Availability.--The amounts appropriated pursuant to
paragraph (1) shall remain available for obligation through
the end of fiscal year 2010.''.
______
By Mr. BURNS:
S. 899. A bill to direct the Secretary of Agriculture to convey
certain land in the Beaverhead-Deerlodge and Kootenai National Forests,
Montana, to Jefferson County and Sanders County, Montana, for use as
cemeteries and other purposes; to the Committee on Energy and Natural
Resources.
Mr. BURNS. Mr. President, this bill conveys 3.4 acres on the
Beaverhead-Deerlodge National Forest to Jefferson County, MT and 10
acres on the Kootenai National Forest to Sanders County, MT for
continued use as cemeteries.
The Elkhorn Cemetery in Jefferson County has been used as a cemetery
since the 1860's. Due to surveying errors and limited information when
the National Forest boundaries were surveyed in the early 1900's, the
cemetery was included as National Forest lands. The cemetery is still
in use by local families who homesteaded and worked the mines in the
area. However, Forest Service manual direction strongly discourages
burials on National Forest lands, placing both the families and Forest
Service in an awkward position.
The Noxon Cemetery is part of a Kootenai National Forest
administrative site that is currently for sale. The cemetery has been
used since at least 1910 and contains over 300 graves. Sanders County
wants to protect the cemetery from potential damage, and the Forest
Service wants to remove the encumbrance of the cemetery from the
administrative site sale or future Federal ownership.
In both locations, it is clear the cemeteries should not have been
included as part of the National Forest. The County Commissioners and
the local public strongly support the conveyance.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 899
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Cemetery Act of
2005''.
[[Page S4193]]
SEC. 2. CONVEYANCE TO JEFFERSON COUNTY AND SANDERS COUNTY,
MONTANA.
(a) Conveyance.--Not later than 180 days after the date of
enactment of this Act and subject to valid existing rights,
the Secretary of Agriculture (referred to in this Act as the
``Secretary''), acting through the Chief of the Forest
Service, shall convey to Jefferson County, Montana, the
Elkhorn Cemetery and to Sanders County, Montana, the Noxon
Cemetery, for no consideration, all right, title, and
interest of the United States in and to the parcels of land
as described in subsection (b).
(b) Description of Land.--The parcels of land referred to
in subsection (a) are the parcels of National Forest System
land (including any improvements on the land) known as--
(1) the Elkhorn Cemetery, which consists of 10 acres in
Jefferson County located in SW1/4 Sec. 14, T. 6 N., R. 3 W.;
and
(2) the Noxon Cemetery, which consists of 3.4 acres in
Sanders County located in SE1/4, Sec. 24, T. 26 N., R. 33 W.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions for the
conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
____________________