[Congressional Record Volume 152, Number 89 (Tuesday, July 11, 2006)]
[Senate]
[Pages S7333-S7338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HATCH (for himself and Mr. Bennett):
S. 3632. A bill to provide for the sale of approximately 25 acres of
public land to the Turn-About Ranch, Escalante, Utah, at fair market
value; to the Committee on Energy and Natural Resources.
Mr. HATCH. Mr. President, I rise to introduce legislation that would
correct a property trespass question involving a 25-acre parcel of
Bureau of Land Management, BLM, land in Garfield County, UT. The parcel
is part of the Turn-About Ranch, which hosts a successful and popular
program to rehabilitate troubled youth.
The trespass conflict is the result of an erroneous survey at the
time that Congress approved a major land exchange--Public Law 105-335--
between the State of Utah and the BLM in January 1999. The legislation
at hand would grant the owners of the ranch the opportunity to purchase
the erroneously surveyed land at fair market value so that this very
important program for at-risk youth can continue unimpeded.
Since 1995, Turn-About Ranch has graduated some 500 troubled and at-
risk teenagers through an intense program of training and
rehabilitation. The ranch employs some 35 Garfield County residents,
and the Turn-About Ranch program has strong support from the local
community and the local civic leaders in the area.
Historically used for agriculture and grazing purposes, it was
purchased by the Townsend Family and leased to Turn-About Ranch, Inc.,
for the purpose of restoring dignity and self-esteem to wayward
teenagers. Because Government-owned land administered by the BLM
surrounds the private land, the only way to resolve the trespass is to
ask for the blessing of Congress.
Mr. President, this legislation offers a simple and fair solution to
a fairly technical problem on our public lands. I hope Congress can use
this legislation to resolve this problem in the very near future.
______
By Mr. INHOFE (for himself, Mr. Nelson of Nebraska, Ms. Snowe,
Mr. Warner, Mr. Graham, Mr. DeWine, Mr. Stevens, Mr. Martinez,
Mr. Bunning, Mr. Crapo, Mr. Craig, Mr. Kyl, Mr. Ensign, Mr.
Coburn, Mr. Shelby, Mr. Thomas, Mr. DeMint, Mr. Chambliss, Mrs.
Hutchison, Mr. Vitter, Mr. Isakson, Mr. Sessions, Mr. Thune,
Mr. Bond, Mr. Smith, Mr. Cochran, Mr. Gregg, Mr. Burns, Mr.
Talent, Mr. Burr, Mr. Allen, and Mrs. Dole):
S. 3633. A bill to require the withholding of United States
contributions to the United Nations until the President certifies that
the United Nations is not engaged in global taxation schemes; to the
Committee on Foreign Relations.
Mr. INHOFE. Mr. President, today I introduce to you a bill to prevent
the imposition of global taxes on the United States. The current
efforts of the United Nations and other international organizations to
develop, advocate, endorse, promote, and publicize proposals to raise
revenue by instituting international taxes are unacceptable.
The United Nations is not a sovereign nation and, therefore, does not
have the legal capacity to levy taxes. Furthermore, paying taxes to an
international organization like the UN would impair global commerce,
hinder the defense capabilities of the United States, and continue to
line the pockets of an organization that has historically been replete
with mismanagement and corruption, especially in recent years. In order
to avoid these consequences, the bill I bring before you will withhold
20 percent of dues from the United Nations and other international
organizations if they continue to promote global taxes. Its passage
will help preserve the sovereignty of our Nation and save American
taxpayers from potentially paying billions of dollars every year to
international organizations.
The United Nations' record of developing and advocating global
taxation goes back for more than a decade. Usually the organization's
efforts have been done quietly so as not to elicit the ire of the
United States. However, in 1996 Secretary General Boutros-Boutros Ghali
delivered a speech at Oxford University in which he openly embraced the
concept of global taxes and authoritarian world government.
Specifically, the Secretary General expressed a desire for the United
Nations to ``not be under the daily financial will of the member
states.'' Though the U.N. had tried to circumvent the Security Council
and avoid member state scrutiny for many years by borrowing from
international financial institutions, assuming control of bonds issued
by Member States, and imposing fees on an extensive range of
transactions, goods and services, this was the first time the concept
of global taxation was so explicitly advocated.
In response to the United Nations' actions, Senator Bob Dole and
Representative Gerald Solomon introduced bills in both Houses of
Congress in January of 1996 to put a stop to the United Nations'
antics. These bills prohibited any voluntary or assessed contributions
from the United States to the United Nations if the United Nations
continued to develop and promote proposals for international taxes and
fees. That legislation passed through the 104th and the 105th
Congresses to become public law.
Still, the United Nations continued to pursue global taxation. Later
in 1996, the United Nations Economic and Social Council fully debated
international taxation. After that, a United Nations Development
Programme research project resulted in the publishing of a text
entitled ``The Tobin Tax,'' which proposed a currency transaction tax.
Global taxation was discussed in ``The Human Development Report'' in
1999 as well as at the United Nations Preparatory Committee for the
International Conference on Financing for Development in 2001. Also in
2001, Ernesto Zedillo published a report which concluded ``there is a
genuine need to establish, by international consensus, stable and
contractual new sources of multilateral finance.'' Dialog arose at the
Conference on Sharing Global Prosperity in Helsinki in 2003. In 2004,
the United Nations University-World Institute for Development Economics
Research issued a study on global taxation.
Recently, the 2005 ``Human Development Report'' discussed proposals
to levy international taxes in order to fund the U.N.'s Millennium
Development Goals. Some of the taxes the United Nations proposed in
this report were taxes on aviation fuel, an airline passenger tax, and
a currency transaction tax like the Tobin tax. At other points in time
the U.N. has considered a global environmental levy, an ocean freight
tax on international trade, and a military expenditures and arms tax.
Innovative development financing mechanisms were the primary topics
of discussion at a conference held in Paris on February 28 and March 1
of 2006. As a result of this conference and other discussions, various
nations, most notably France, are already implementing an international
tax on airline travel, with the approval of Kofi Annan. Plans for
global taxes on currency transactions, energy use, and United States
companies are also being considered. An official U.N.-sponsored book,
``New Sources of Development Finance,'' says that a proposed tax on
oil, gas, coal and other carbon-based fuels could produce $750 billion
a year in revenue for the U.N. and other global purposes.
[[Page S7334]]
We have frequently reminded the United Nations of our sentiments
regarding global taxation after legislation formally passed through
Congress in 1996 and 1998. Recently, on August 30, 2005, the U.S.
representative to the United Nations, John R. Bolton, clearly stated
``the United States does not accept global aid targets or global
taxes.'' Shortly after, on September 13, 2005, 16 Senators joined with
me in sending a letter to Kofi Annan which reiterated Mr. Bolton's
message. Still, the United Nations has continued to research and
promote different forms of international taxation.
Since the United Nations is not listening to the United States, now
it is time for Congress to back up our words. The bill I am introducing
along with 31 colleagues states that if the United Nations or other
international organizations continue to pursue global taxation, the
United States will withhold 20 percent of assessed contributions to the
regular budget of these organizations. This measure would last until
certification is given by the President to Congress that neither the
United Nations nor any other international organization has legal
taxation authority in the United States, that no taxes or fees have
been imposed on the United States, and that no taxes have been proposed
by any of these organizations.
The fascination of the United Nations and other international
organizations with international taxation has gone on too long. Please
join me in taking a stand for the sovereignty of our Nation by
supporting this bill.
______
By Mr. JEFFORDS (for himself and Mr. Leahy):
S. 3634. A bill to amend the Nuclear Waste Policy Act of 1982 to
improve the material control and accounting and data management systems
used by civilian nuclear power reactors to better account for spent
nuclear fuel and reduce the risks associated with the handling of those
materials; to the Committee on Environment and Public Works.
Mr. JEFFORDS. Mr. President, today I am introducing the Spent Nuclear
Fuel Control and Accounting Act of 2006. I am pleased to be joined by
the Senior Senator from Vermont, Mr. Leahy, in introducing this
legislation. In the other body, our colleague from Vermont, Congressman
Sanders, is introducing a companion measure. This legislation is
designed to improve the safety and security of spent nuclear fuel
generated by our Nation's nuclear powerplants.
Approximately 2,000 metric tons of spent nuclear fuel are generated
by the Nation's 103 nuclear powerplants each year. Spent nuclear fuel
is no longer able to generate power but is still intensely radioactive
and continues to generate heat for tens of thousands of years.
Radiation produced by the fuel can kill a person within minutes if they
are directly exposed.
Terrorist attacks in the U.S. have heightened public concern
generally about whether this highly radioactive material could be
stolen and used maliciously. Although the Nuclear Regulatory
Commission, NRC, argues that spent nuclear fuel is ``self-protecting''
because of its high radioactivity, the potential for harm to human
health and the environment warrants close attention to the control and
accounting of this material.
I am introducing this legislation because there have been several
instances of lost spent nuclear fuel at operating plants in the past
few years, including in my own home State. Such losses have eroded
public confidence in the job the NRC is doing. Following the loss of
spent fuel rod fragments at Vermont Yankee in 2004, I requested that
GAO study the issue of how the NRC controls such material. In its April
2005 report, the GAO recommended that the NRC establish requirements
for the control of individual fuel rods and fragments and develop
inspection procedures to verify plants' compliance.
NRC currently has no regulations that specifically deal with the
tracking and recordkeeping of spent nuclear fuel of this type. While
the NRC generally has regulations requiring plant operators to maintain
records of their spent nuclear fuel they do not specify how individual
fuel rods and fragments should be tracked. Additionally, the NRC
requires plant operators to inventory spent fuel at least once a year,
but does not specify how that inventory should be conducted. Because of
this lack of specificity in its regulations, there is considerable
variation among nuclear powerplants in how regulations are implemented.
Plus, the NRC no longer monitors plants' compliance with its tracking
and accounting regulations.
While the NRC has been working administratively to address the issues
identified in the GAO report, the proposed legislation would require
the NRC to more effectively control and account for spent nuclear fuel.
The NRC needs to redouble its efforts to shore up public confidence in
its regulatory efforts. This is a difficult task, but one that is
critically important.
This bill will focus on the safe operation and management of existing
nuclear powerplants. The NRC and the nuclear industry are planning for
a ``nuclear renaissance'' with the construction of new nuclear plants.
The NRC estimates that it will receive 18 new license requests between
now and the year 2012. But, we must maintain continued oversight over
existing plants and pay particular attention to the safe management of
spent nuclear fuel. The public needs to be confident that the current
system operates well, or they will likely not accept a new generation
of plants.
The Spent Nuclear Fuel Control and Accounting Act of 2006 directs NRC
to develop regulations which would improve the current system of
control and accounting for spent nuclear fuel and would help prevent
incidents like the one which occurred at Vermont Yankee.
In the case of Vermont Yankee, operated by Entergy, the plant's
operators discovered that two pieces of a radioactive fuel rod were
missing from the plant's storage facilities on April 21, 2004. During a
scheduled fuel outage, the plant conducted a special inspection
requested by the NRC to document the location of its fuel rods, both
spent and unspent.
The documentation of the pieces' location was requested by the NRC as
part of a follow up to the loss of two complete spent fuel rods at the
Millstone plant in Connecticut in 2000. At Vermont Yankee, the missing
pieces were 7 and 17 inches long, and came from a fuel rod sent to the
Vermont Yankee plant by General Electric in 1979 that arrived broken.
When the rod broke, the pieces were placed in a lead bucket at the
bottom of the spent fuel pool, in which low-level waste was
periodically also stored. Later it was learned that a special storage
container was ordered from General Electric to house these pieces, and
that they were stored in a different part of the fuel pool.
The NRC was involved in Entergy's efforts to use a remote-control
camera to see if the misplaced rod pieces were among the spent fuel
rods in the plant's spent fuel pool. Entergy also reviewed paper
records to see if two missing fuel rods from the plant were shipped to
waste storage facilities in South Carolina or the State of Washington.
The spent fuel rods were eventually located on July 15, 2004, after a
search in which Entergy estimates company employees and outside
contractors had spent between 9,000 and 10,000 hours involved in the
search.
A similar event occurred at the Millstone nuclear powerplant in
Connecticut in 2000 and at the Humboldt Bay plant in California in July
2004. Pacific Gas and Electric officials searched for three missing
uranium components of a used nuclear fuel rod in the reactor pool at
the decommissioned Humboldt Bay nuclear powerplant near Eureka, CA.
Each of the pieces of the missing Humboldt Bay fuel rod is 18 inches
long, has the width of a pencil and contains uranium fuel encased in
steel. The rods from the Humboldt Bay and Millstone plants are still
missing. The Millstone plant paid a $288,000 fine for the loss of its
fuel.
When the Millstone incident occurred, the NRC said that fuel rods had
never before gone missing in the history of commercial nuclear power in
the United States. While I know that the materials at Vermont Yankee
were found to be missing due in part to a special inspection the NRC
instituted after Millstone, the sad fact is that fuel again went
missing. I do not want missing fuel to become the norm. It is not
enough to tell the public that we ``think'' it is likely that highly
radioactive material went to storage. Certainly it is poor government
management not to look carefully at how the
[[Page S7335]]
utilities conducted these searches for missing fuel rods, draw out
lessons, develop best management practices, and safeguard and protect
the existing paper trail we have for the waste stored at our Nation's
nuclear power plants. We must improve our nuclear materials accounting
system, and my legislation is the first step in doing so.
This legislation calls for NRC to pay special attention to loose
individual spent fuel rods and rod fragments like those lost at the
Vermont Yankee plant. It requires NRC to report when loose fuel rods
and fragments result and requires NRC to conduct an annual inspection
to make sure that plants are complying with waste tracking
requirements. Additionally, the bill instructs NRC to develop best
management practices for the safe storage of individual rods and
fragments and for the inventory of spent nuclear fuel. The legislation
will require NRC to modernize its data management systems by developing
an updated electronic system for storing data and for tracking the
location of spent nuclear fuel. The creation of an electronic database
of spent fuel storage records would help secure this important
information from aging plants that are being uprated and relicensed and
also require the new fleet of plants to use a uniform electronic
system. Finally, this bill would track the movement of spent nuclear
fuel onsite at nuclear powerplants and offsite to other facilities by
requiring that manifests indicate whether shipments contain fuel rods
or fragments.
I believe that this bill will be an important step towards improving
security related to one of the most hazardous materials made by
humans--spent nuclear fuel. This bill would increase the scrutiny on
the tracking of this material and ensure that spent nuclear fuel
remains safely stored in appropriate facilities and does not end up in
the wrong hands.
I ask unanimous consent that a copy of my bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3634
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 ``Spent Nuclear Fuel Control
and Accounting Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) several incidents involving missing or unaccounted-for
spent nuclear fuel have occurred at civilian nuclear power
reactors, including--
(A) the Vermont Yankee Nuclear Power Plant;
(B) the Humboldt Bay Nuclear Power Plant (California); and
(C) the Millstone Nuclear Power Station (Connecticut);
(2) weaknesses in the accounting and control of spent
nuclear fuel have been identified at several other civilian
nuclear power reactors;
(3) data provided by the Nuclear Regulatory Commission
indicate that--
(A) operators of most civilian nuclear power reactors have
removed spent fuel rods from their fuel assemblies; and
(B) those rods are stored onsite in spent fuel pools or dry
casks or have been shipped offsite to a storage facility;
(4) individual spent fuel rods and fragments may also
result from the loading of a new assembly and therefore may
be new fuel;
(5) individual spent fuel rods, and especially fragments of
spent fuel rods, are--
(A) highly radioactive; and
(B) much smaller and lighter than fuel assemblies;
(6) while regulations promulgated by the Nuclear Regulatory
Commission require civilian nuclear power reactors to control
and account for spent nuclear fuel, they do not cover--
(A) individual spent fuel rods that have been removed from
an assembly; and
(B) fragments of spent fuel rods;
(7) the storage and oversight of individual spent fuel rods
at civilian nuclear power reactors have not been managed in a
consistent manner;
(8) the lack of specific guidance in the regulations
promulgated by the Nuclear Regulatory Commission relating to
how civilian nuclear power reactors should conduct physical
inventories has resulted in inconsistent compliance with
those regulations;
(9) the Nuclear Regulatory Commission does not evaluate the
compliance of civilian nuclear power reactors with the
material control and accounting regulations promulgated by
the Commission;
(10) the Nuclear Regulatory Commission has much to do to
implement the recommendations listed in the report published
by the Government Accountability Office titled ``NRC Needs to
Do More to Ensure that Power Plants Are Effectively
Controlling Spent Nuclear Fuel''; and
(11) the effective implementation of material control and
accounting regulations by civilian nuclear power reactors is
of great importance to the United States because of the
potential safety and security consequences for failing to
manage spent nuclear fuel, especially in the aftermath of
terrorist attacks in the United States.
SEC. 3. MATERIAL CONTROL AND ACCOUNTING OF DISMANTLED FUEL
ASSEMBLY.
The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.) is amended by adding after section 137 the following:
``SEC. 138. MATERIAL CONTROL AND ACCOUNTING OF INDIVIDUAL
RODS AND FRAGMENTS FROM A DISMANTLED FUEL
ASSEMBLY.
``(a) Promulgation of Regulations.--The Commission shall
promulgate regulations to require each civilian nuclear power
reactor to provide to the Commission a report that contains a
detailed record of each individual spent fuel rod, and each
fragment of a spent fuel rod, that results from the loading
or dismantling of a fuel assembly.
``(b) Annual Inspection.--The Commission shall promulgate
regulations to require an annual inspection by the Commission
of each civilian nuclear power reactor to determine the
compliance of the civilian nuclear power reactor with
regulations relating to the material control and accounting
of spent nuclear fuel promulgated by the Commission.
``SEC. 139. GUIDANCE FOR STORING INDIVIDUAL FUEL RODS AND
FRAGMENTS.
``The Commission shall develop and make available to each
civilian nuclear power reactor guidance that describes--
``(1) best management practices relating to--
``(A) the procedures that a civilian nuclear power reactor
should use to store individual fuel rods and fragments on
site; and
``(B) the selection of suitable locations for the storage
of individual fuel rods and fragments; and
``(2) suitable inventory practices relating to--
``(A) the manner in which a civilian nuclear power reactor
should conduct an annual inventory of any spent nuclear fuel,
including individual fuel rods and fragments; and
``(B) the manner in which a civilian nuclear power reactor
should catalogue each item of spent nuclear fuel, including
individual rods and fragments located at the civilian nuclear
power reactor.
``SEC. 140. ELECTRONIC DATA MANAGEMENT AND WASTE TRACKING
SYSTEM.
``(a) Development of System.--The Commission shall develop
an electronic data management and waste tracking system--
``(1) to store and access the records of each civilian
nuclear power reactor; and
``(2) to track the location of spent nuclear fuel including
individual rods and fragments.
``(b) Adoption of Electronic Data Management and Waste
Tracking System by Civilian Nuclear Power Reactors.--The
Commission shall promulgate regulations to require each
civilian nuclear power reactor--
``(1) in the case of a civilian nuclear power reactor that
is licensed before the date of enactment of this section, to
digitize the existing records of the civilian nuclear power
reactor; and
``(2) in the case of a civilian nuclear power reactor that
is licensed on or after the date of enactment of this Act, to
implement and use the electronic data management and waste
tracking system described in subsection (a).
``(c) Evaluation of Existing Electronic Data Management and
Waste Tracking Systems.--The Commission may evaluate existing
electronic data management and waste tracking systems to
determine whether those systems could be modified for
purposes of complying with subsection (a).''.
SEC. 4. MANIFEST REQUIREMENT FOR SPENT NUCLEAR FUEL.
The Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.) is amended by inserting after section 180 the
following:
``SEC. 181. MANIFEST REQUIREMENT FOR SPENT NUCLEAR FUEL.
``(a) Development of Manifest.--The Commission shall
develop a detailed manifest form for the onsite
transportation of spent fuel that indicates whether the
package containing the spent fuel contains individual rods or
fragments.
``(b) Promulgation of Regulations.--The Commission shall
promulgate regulations to require each civilian nuclear power
reactor to provide to the Commission a completed detailed
manifest form developed under subsection (a) to identify and
track any spent fuel rod or rod fragment that is transported
within the premises of the civilian nuclear power reactor.
``SEC. 182. IDENTIFICATION OF SPENT FUEL OR ROD FRAGMENTS
TRANSPORTED OUTSIDE PREMISES OF CIVILIAN
NUCLEAR POWER REACTORS.
``The Commission, in consultation with the Department of
Transportation, shall identify any spent fuel rod or rod
fragment that is transported outside the premises of the
civilian nuclear power reactor through use of manifests used
by the Department of Transportation.''.
SEC. 5. CONFORMING AMENDMENTS.
The table of contents of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101 note; 96 Stat. 2201) is amended--
(1) by adding after the item relating to section 137 the
following:
``Sec. 138. Material control and accounting of dismantled fuel
assembly.
[[Page S7336]]
``Sec. 139. Guidance for storing spent nuclear fuel.
``Sec. 140. Electronic data management and waste tracking system.''.
and;
(2) by adding after the item relating to section 180 the
following:
``Sec. 181. Manifest requirement for spent nuclear fuel.
``Sec. 182. Identification of spent fuel or rod fragments transported
outside premises of civilian nuclear power reactors.''.
______
By Mr. DOMENICI (for himself and Mr. Bingaman):
S. 3635: A bill to direct the Secretary of the Interior to take into
trust 2 parcels of Federal land for the benefit of certain Indian
Pubelos on the State of New Mexico; to the Committee on Indian Affairs.
Mr. DOMENICI. Mr. President, I rise today to introduce the
Albuquerque Indian Schools Act of 2006. I want to thank Senator
Bingaman for joining me as a cosponsor of the bill.
The Albuquerque Indian Schools--AIS--Act of 2006 seeks to consolidate
two parcels of federal land and take this land into trust for the 19
pueblos--Acoma, Cochiti, Isleta, Jemez, Laguna, Nambe, Ohkay Owingeh,
Picuris, Pojoaque, San Felipe, San Ildefonso, Sandia, Santa Ana, Santa
Clara, Santo Domingo, Taos, Tesuque, Zia and Zuni. I believe this
property, if transferred, would receive greater utilization and benefit
the economic development of the 19 pueblos.
In 1981, the 19 New Mexico pueblos petitioned the United States for
the transfer of 44 acres from the Albuquerque Indian School site for
the purpose of economic development and in 1984 the Assistant Secretary
of the Interior conveyed the 44 acres to the pueblos. This land is
currently under development by the 19 New Mexico pueblos. They have
constructed a 150,000 square foot Department of the Interior building
which houses the southern regional office of the Bureau of Indian
Affairs, BIA, and a 150,000 square foot Department of the Interior
office building that houses the National BIA Training Center and the
BIA Data Center. In addition, the pueblos are starting construction on
a hotel and are preparing to begin several retail projects.
In 2003, the 19 pueblos requested conveyance of the two remaining
tracts of land that are located south of Interstate 40. This land
contains various metal buildings, which have deteriorated to the point
that they have no value at this time.
The return of these two properties to the 19 pueblos is supported by
the southwestern regional office of the BIA. With the addition of these
two tracts, the 19 pueblos will be able to continue their successful
economic development of the Albuquerque Indian School property, which
will benefit not only the 19 New Mexico pueblos, but each individual
tribal member.
Mr. President I ask unanimous consent that a copy of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3635
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 ``Albuquerque Indian School
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 19 pueblos.--The term ``19 Pueblos'' means the New
Mexico Indian Pueblos of--
(A) Acoma;
(B) Cochiti;
(C) Isleta;
(D) Jemez;
(E) Laguna;
(F) Nambe;
(G) Ohkay Owingeh (San Juan);
(H) Picuris;
(I) Pojoaque;
(J) San Felipe;
(K) San Ildefonso;
(L) Sandia;
(M) Santa Ana;
(N) Santa Clara;
(O) Santo Domingo;
(P) Taos;
(Q) Tesuque;
(R) Zia; and
(S) Zuni.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or a designee).
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.
(a) Action by Secretary.--
(1) In general.--The Secretary shall take into trust all
right, title, and interest of the United States in and to the
land described in subsection (b) (including any improvements
and appurtenances to the land) for the benefit of the 19
Pueblos.
(2) Administration.--The Secretary shall--
(A) take such action as the Secretary determines to be
necessary to document the transfer under paragraph (1); and
(B) appropriately assign each applicable private and
municipal utility and service right or agreement.
(b) Description of Land.--The land referred to in
subsection (a)(1) is the 2 tracts of Federal land, the
combined acreage of which is approximately 18.3046 acres,
that were historically part of the Albuquerque Indian School,
more particularly described as follows:
(1) Tract b.--The approximately 5.9211 acres located in
sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in the city of Albuquerque, New Mexico, as
identified on the map entitled ``Site Map of the Albuquerque
Indian School Property'' (including attachments).
(2) Tract d.--The approximately 12.3835 acres located in
sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in the city of Albuquerque, New Mexico, as
identified on the map entitled ``Site Map of the Albuquerque
Indian School Property'' (including attachments).
(c) Use of Land.--The land taken into trust under
subsection (a) shall be used for the educational, health,
cultural, business, and economic development of the 19
Pueblos.
(d) Limitations and Conditions.--The land taken into trust
under subsection (a) shall remain subject to any private or
municipal encumbrance, right-of-way, restriction, easement of
record, or utility service agreement in effect on the date of
enactment of this Act.
SEC. 4. EFFECT OF OTHER LAWS.
(a) In General.--Except as otherwise provided in this
section, land taken into trust under section 3(a) shall be
subject to Federal laws relating to Indian land.
(b) Gaming.--No gaming activity (within the meaning of the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) shall
be carried out on land taken into trust under section 3(a).
Mr. BINGAMAN. Mr. President, I'm pleased today to join my colleague
Senator Domenici in sponsoring the Albuquerque Indian School Act. This
bill would direct the Secretary of Interior to take lands no longer
being used by the Bureau of Indian Affairs in Albuquerque and hold them
in trust for the benefit of the 19 pueblos. The bill disallows gaming
on the property.
In addition to being a good thing for the pueblos, this transfer
promises to be beneficial to the surrounding community, as several
deteriorating structures will be renewed and new jobs brought in. Since
the bill would not alter the standard public process for taking the
lands into trust, I hope this will result in a consensus among all
concerned on the best uses of the property.
I am pleased we are taking the first step today on a process that
should be beneficial to the pueblos, the Federal Government, and local
residents.
______
By Mr. KENNEDY:
S. 3637. A bill to require the submittal to Congress of any
Presidential Daily Briefing relating to Iraq during the period
beginning on January 20, 1997, and ending on March 19, 2003; read the
first time.
Mr. KENNEDY. Mr. President, I am introducing legislation on an
intelligence issue, p. 3637.
The legislation requires the administration to provide the prewar
Presidential daily briefs on Iraq to the Senate Intelligence Committee
for its investigation on the way the administration's policymakers used
this intelligence in its decision to go to war.
I introduced an identical bill, S. 2175, on December 22 last year,
but it has not yet been reported out of the Intelligence Committee.
It is essential that the Intelligence Committee have access to all
the information about prewar intelligence in Iraq for its
investigation. With threats looming in North Korea and Iran, we need to
learn from the mistakes of the past to ensure that we do not repeat
them. The PDBs are extremely relevant to this issue, and Congress
should have access to them.
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By Mrs. FEINSTEIN:
S. 3638. A bill to encourage the Secretary of the Interior to
participate in projects to plan, design, and construct water supply
projects and to amend the Reclamation Wastewater and Groundwater Study
and Facilities Act to encourage the design, planning, and construction
of projects to treat impaired surface water, reclaim and reuse impaired
groundwater, and provide brine
[[Page S7337]]
disposal in the State of California; to the Committee on Energy and
Natural Resources.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
to authorize water recycling and other water supply projects by the
Inland Empire Utilities Agency, the Cucamonga Valley Water District,
the Western Municipal Water District, the Yucaipa Valley Water
District, and the City of Corona Water Utility. These projects will
produce approximately 161,000 acre-feet of new water annually in one of
the most rapidly growing regions in the United States, reducing the
need for imported water from the Colorado River and northern California
through the California Water Project.
This legislation is intended to be the companion to two House of
Representatives bills: H.R. 802, sponsored by David Dreier, Grace
Napolitano, Ken Calvert, Joe Baca, and Gary Miller; and H.R. 1008,
sponsored by Ken Calvert, Jerry Lewis, Joe Baca and Darrell Issa. H.R.
802 and H.R. 1008 have each passed the House of Representatives twice,
in both this Congress and the previous Congress.
Environmental groups such as the Mono Lake Committee, Environmental
Defense, Clean Water and Natural Resources Defense Council strongly
support the water recycling and groundwater remediation projects in
this bill. Business leaders such as Southern Cal Edison and Building
Industry Association also support these projects.
I would like to describe the projects in this bill:
The Inland Empire Regional Water Recycling Initiative would authorize
two project components. The first will be constructed by the Inland
Empire Utilities Agency--IEUA--and will produce approximately 90,000
acre feet of new water annually. The second of these projects, to be
constructed by the Cucamonga Valley Water District--CVWD--will produce
an additional 5,000 acre feet of new water annually.
The Inland Empire Regional Water Recycling Initiative has the support
of all member agencies of IEUA, as well as the water agencies
downstream in Orange County. IEUA encompasses approximately 242 square
miles and serves the cities of Chino, Chino Hills, Fontana--through the
Fontana Water Company--Ontario, Upland, Montclair, Rancho Cucamonga--
through the Cucamonga Valley Water District--and the Monte Vista Water
District.
The next project is Western Municipal Water District's Riverside-
Corona Feeder. Western provides supplemental water to a 510 square mile
area of growing western Riverside County and serves a population of
more than one-half million people. As a member of the Metropolitan
Water District of Southern California--MWD--Western provides
supplemental water to the cities of Corona, Norco, and Riverside and
the water agencies of Elsinore Valley and Rancho California. Western
also serves customers in the unincorporated areas of El Sobrante, Eagle
Valley, Temescal Creek, Woodcrest, Lake Mathews, and March Air Reserve
Base.
The purpose of the Riverside--Corona Feeder water supply project is
to capture and store new water in wet years in order to increase firm
water supplies, reduce water costs, and improve water quality. The
project will include about 20 wells and 28 miles of pipeline. Studies
have shown the safe annual yield of the aquifer is about 40,000 acre-
feet.
The project would allow locally stored water to replace imported
water from Colorado River and the State project sources in times of
drought or other shortages. The project proposes to manage the ground
water levels by the construction of ground water wells and pumping
capacity to deliver the pumped ground water supply to water users. A
new water conveyance pipeline is also proposed that will serve western
Riverside County.
There are also very important environmental remediation aspects of
the project. Up to half of the wells could be placed within plumes of
VOCs and perchlorate. These wells would remediate about 20,000 acre-
feet of currently contaminated water per year.
Next, the city of Corona Water Recycling and Reuse Project will
consist of three reservoirs and two pump stations along with
retrofitted user irrigation systems.
Additionally, 27 miles of pipelines will separate recycled water from
drinking water. The reclamation system will enable the city of Corona
to provide recycled water to parks, landscape maintenance districts,
schools, landscaped freeway frontages and any other project that does
not require potable water. It will also reduce the need for increased
water imports and construction of additional drinking water
infrastructure.
Finally, the Yucaipa Valley Water Supply Renewal Project will
maximize the various water resources in the Yucaipa Valley. Federal
funds would be used to provide federal assistance for planning,
designing, and constructing the new Yucaipa Valley Regional Water
Filtration Facility that is part of the renewal project. The new
facility will contain a reverse osmosis system and a brine pipeline to
remove salinity, contaminants, and organic compounds from the water
supply in the Yucaipa Valley. The brine pipeline will extend nearly 20
miles to the existing Santa Ana Regional Interceptor brine pipeline.
This project will minimize the amount of water imported from northern
California, maximize the use of higher quality water, reduce
withdrawals from ground water supplies, and provide a long-term,
drought-proof water supply. The full project is expected to reduce
demands on the California State Water Project by over 4 billion gallons
per year, which is a sufficient quantity of water for 27,000 families.
I want to say a few words about the importance of water recycling
projects.
The development of recycled water can bring significant amounts of
water ``on line'' in a relatively short period of time. Recycled water
provides our State and region with the ability to ``stretch'' existing
water supplies significantly and in so doing, minimize conflict and
address the many needs that exist. According to the State of
California's Recycled Water Task Force, water recycling is a critical
part of California's water future with an estimated 1.5 million acre-
feet of new supplies being developed over the next 25 years.
Water recycling is also a bipartisan initiative in California, as
witnessed by the many Republican and Democratic House cosponsors of the
House versions of the bill I introduce today.
It also has a long history. In 1991, the Secretary of the Interior in
President George H.W. Bush's administration, Manual Lujan, recognized
that California would need an alternative water supply source because
it was receiving more water from the Colorado River than its
allocation.
In a bold and farsighted maneuver, in August 1991, Secretary Lujan
launched the Southern California Water Initiative, a program to
evaluate and study the feasibility of water reclamation projects. Mr.
Lujan's vision was to build replacement water capacity to offset the
anticipated Colorado River water supply reductions.
Congress, in 1992, was completing work on major water legislation saw
the wisdom of the Lujan initiative too. Lujan's proposal, a year after
it was first announced, became title XVI, the Bureau of Reclamation
water recycling program that today serves the entire West, not just
California. Today, water recycling is the essential water supply
element in Albuquerque, Phoenix, Denver, Salt Lake City, Tucson, El
Paso, San Antonio, Portland, and other western metropolitan areas.
I urge my colleagues to support this bill to help meet the West's
water supply needs and to reduce our dependence on the Colorado River.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3638
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 ``The Water
Recycling and Riverside-Corona Feeder Act of 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE
Sec. 102. Short title.
Sec. 103. Inland Empire and Cucamonga Valley recycling projects.
[[Page S7338]]
TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES
Sec. 201. Planning, design, and construction of the Riverside-Corona
Feeder.
Sec. 202. Project authorizations.
TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE
SEC. 102. SHORT TITLE.
This title may be cited as the ``The Inland Empire Regional
Water Recycling Initiative''.
SEC. 103. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING
PROJECTS.
(a) Recycling Projects.--The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575,
Title XVI; 43 U.S.C. 390h et seq.) is amended by adding at
the end the following:
``SEC. 1637. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Inland Empire Utilities Agency, may participate in the
design, planning, and construction of the Inland Empire
regional water recycling project described in the report
submitted under section 1606(c).
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
``SEC. 1638. CUCAMONGA VALLEY WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Cucamonga Valley Water District, may participate in the
design, planning, and construction of the Cucamonga Valley
Water District satellite recycling plants in Rancho
Cucamonga, California, to reclaim and recycle approximately 2
million gallons per day of domestic wastewater.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the capital cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000.''.
(b) Conforming Amendments.--The table of sections in
section 2 of Public Law 102-575 is amended by inserting after
the item relating to section 1636 the following:
``Sec. 1637. Inland Empire Regional Water Recycling Program
``Sec. 1638. Cucamonga Valley Water Recycling Project''.
TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES
SEC. 201. PLANNING, DESIGN, AND CONSTRUCTION OF THE
RIVERSIDE-CORONA FEEDER.
(a) In General.--The Secretary of the Interior, in
cooperation with the Western Municipal Water District, may
participate in a project to plan, design, and construct a
water supply project, the Riverside-Corona Feeder, which
includes 20 groundwater wells and 28 miles of pipeline in San
Bernardino and Riverside Counties, California.
(b) Agreements and Regulations.--The Secretary may enter
into such agreements and promulgate such regulations as are
necessary to carry out this section.
(c) Federal Cost Share.--
(1) Planning, design, construction.--The Federal share of
the cost to plan, design, and construct the project described
in subsection (a) shall be the lesser of 35 percent of the
total cost of the project or $50,000,000.
(2) Studies.--The Federal share of the cost to complete the
necessary planning study associated with the project
described in subsection (a) shall not exceed 50 percent of
the total study cost.
(d) In-Kind Services.--In-kind services performed by the
Western Municipal Water District shall be considered a part
of the local cost share to complete the project described in
subsection (a).
(e) Limitation.--Funds provided by the Secretary under this
section shall not be used for operation or maintenance of the
project described in subsection (a).
SEC. 202. PROJECT AUTHORIZATIONS.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) is amended by adding at the end the
following:
``SEC. 163X. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the Yucaipa Valley Water District, may participate in the
design, planning, and construction of projects to treat
impaired surface water, reclaim and reuse impaired
groundwater, and provide brine disposal within the Santa Ana
Watershed described in the report submitted under section
1606.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation or maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
``SEC. 163X. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER
RECYCLING AND REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the City of Corona Water Utility, California, is authorized
to participate in the design, planning, and construction of,
and land acquisition for, a project to reclaim and reuse
wastewater, including degraded groundwaters, within and
outside of the service area of the City of Corona Water
Utility, California.
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.''.
(b) Conforming Amendments.--The table of sections in
section 2 of Public Law 102-575 is amended by inserting after
the item relating to section 163_ the following:
``Sec. 163x. Yucaipa Valley Regional Water Supply Renewal Project
``Sec. 163x. City of Corona Water Utility, California, water recycling
and reuse project''.
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