[Congressional Record Volume 153, Number 98 (Monday, June 18, 2007)]
[Senate]
[Pages S7815-S7818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY (for himself, Mr. Cornyn, Mr. Kohl, and Mr. 
        Whitehouse):
  S. 1640. A bill to amend chapter 13 of title 17, United States Code 
(relating to the vessel hull design protection), to clarify the 
definitions of a hull and a deck; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to introduce a small but 
important piece of intellectual property legislation today with my 
friends from Texas, Wisconsin, and Rhode Island. Our recent 
collaborations have been fruitful and important. The OPEN Government 
Act with Senator Cornyn, NOPEC with Senator Kohl, and patent reform 
with Senator Whitehouse. Today, we are joining together to reintroduce 
the Vessel Hull Design Protection Act Amendments of 2007.
  Designs of boat vessel hulls are often the result of a great deal of 
time, effort, and financial investment. They are afforded intellectual 
property protection under the Vessel Hull Design Protection Act that 
Congress passed in 1998. This law exists for the same reason that other 
works enjoy intellectual property rights: to encourage continued 
innovation, to protect the works that emerge from the creative process, 
and to reward the creators. Recent courtroom experience has made it 
clear that the protections Congress passed 7 years ago need some 
statutory refinement to ensure they meet the purposes we envisioned. 
The Vessel Hull Design Protection Act Amendments shore up the law, 
making an important clarification about the scope of the protections 
available to boat designs.
  We continue to be fascinated with, and in so many ways dependent on, 
bodies of water, both for recreation and commerce. More than 50 percent 
of Americans live on or near the coastline in this country. We seem 
always to be drawn to the water, whether it is the beautiful Lake 
Champlain in my home State of Vermont or the world's large oceans. As 
anyone who has visited our seaports can attest, much of our commerce 
involves sea travel. Protecting boat designs and encouraging innovation 
in those designs are worthy aims, and I hope we can move quickly to 
pass this bipartisan legislation.
  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. 1640

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. VESSEL HULL DESIGN PROTECTION.

       (a) Short Title.--This section may be cited as the ``Vessel 
     Hull Design Protection Amendments of 2007''.
       (b) Designs Protected.--Section 1301(a) of title 17, United 
     States Code, is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Vessel features.--The design of a vessel hull, deck, 
     or combination of a hull and deck, including a plug or mold, 
     is subject to protection under this chapter, notwithstanding 
     section 1302(4).''.
       (c) Definitions.--Section 1301(b) of title 17, United 
     States Code, is amended--
       (1) in paragraph (2), by striking ``vessel hull, including 
     a plug or mold,'' and inserting ``vessel hull or deck, 
     including a plug or mold,'';
       (2) by striking paragraph (4) and inserting the following:
       ``(4) A `hull' is the exterior frame or body of a vessel, 
     exclusive of the deck, superstructure, masts, sails, yards, 
     rigging, hardware, fixtures, and other attachments.''; and
       (3) by adding at the end the following:
       ``(7) A `deck' is the horizontal surface of a vessel that 
     covers the hull, including exterior cabin and cockpit 
     surfaces, and exclusive of masts, sails, yards, rigging, 
     hardware, fixtures, and other attachments.''.

  Mr. CORNYN. Mr. President, I rise today along with the senior Senator 
from Vermont to introduce the Vessel Hull Design Protection Act 
Amendments of 2007. This is another significant piece of legislation on 
which I proudly have teamed with Senator Leahy, the chairman of the 
Senate Judiciary Committee. Most recently, we have worked together on 
important reforms to the Freedom of Information Act, and also 
introduced comprehensive patent reform legislation. I am glad to 
continue our work by introducing this legislation which, though 
seemingly technical and minor, offers very important clarifications 
about the scope of protections available to boat designers.
  Boat designs, like any technical designs, are complex and are the 
result of a great deal of hard work and contribution of intellectual 
property. Accordingly, Congress enacted the Vessel Hull Design 
Protection Act in 1998 to provide necessary protections that were not 
present among copyright statutes prior to that time. The act has been 
instrumental for the continued development and protection of boat 
designs but unfortunately recently has encountered a few hurdles.
  A recent court decision raised questions about the scope of 
protections available to various boat designs. Justifiably or not, this 
interpretation under the VHDPA unfortunately has led many in the boat 
manufacturing industry to conclude that the act's provisions are not 
effective at protecting vessel designs. Intellectual property 
protection of those designs is critical to these manufacturers in order 
to encourage innovative design, and a clarification of the law is 
needed.

[[Page S7816]]

  The legislation we offer will clarify that the protections accorded 
to a vessel design can be used to separately protect a vessel's hull 
and/or deck as well as a plug or mold of either the hull or deck. The 
proposed amendments would make clear that it remains possible for boat 
designers to seek protection for both the hull and the deck, and plug 
or mold of both, of a single vessel, and many designers no doubt will 
continue to do so. However, these amendments are intended to clarify 
that protection under the VHDPA for these vessel elements may be 
analyzed separately.
  This bipartisan legislation provides the necessary assurance to boat 
manufacturers that the Vessel Hull Design Protection Act will remain a 
vital intellectual property protection statute. The bill offers very 
important clarifications about the scope of protections available to 
boat designs and will be welcome news to boat makers across the Nation 
and in Texas. The thousands of miles of coastline in Texas, and all the 
lakes and rivers in between, provide significant opportunities for 
recreational and commercial boating throughout the state. This 
legislation will ensure that there will be continued innovation in the 
design and manufacture of boats for many years to come.
                                 ______
                                 
      By Mr. DOMENICI:
  S. 1643. A bill to establish the Reclamation Water Settlements Fund, 
and for other purposes; to the Committee on Indian Affairs.
  Mr. DOMENICI. Mr. President, one unresolved issue that is of grave 
concern to many in the west is unresolved Indian water rights claims. 
Over the past century, many parties have sought to determine the extent 
of Indian water rights in the courts. However, litigation to determine 
Indian water rights has failed in many respects for both Indians and 
non-Indians. Unresolved Indian water rights claims are of particular 
concern in New Mexico which has 23 Indian tribes.
  As with all litigation, the outcome is uncertain and one party 
generally loses. If the Indian nations were to receive a large award by 
the courts and those water rights were exercised, the senior priority 
date of many Indian water rights claims have the potential to displace 
existing users. This means that non-Indian towns, farmers, and industry 
could ultimately have their water supply cut off. However, in many 
instances, even if an Indian nation were to receive a water windfall 
from the courts, many of the Indian nations lack the water 
infrastructure to make use of the water awarded by the courts. 
Additionally, Indian water rights litigation often takes decades. For 
example, the Aamodt litigation in New Mexico was filed in 1966 and is 
the longest standing litigation in the federal judiciary. Finally, the 
numerous unresolved Indian water rights claims in many western states 
such as New Mexico impair our ability to effectively undertake water 
rights planning as we are unsure of the award that the Indian nations 
will receive.
  Over the past two decades, many parties have pursued negotiated 
settlements in lieu of litigation, an approach beneficial to all 
parties involved. In negotiated settlements, multiple parties get 
together and determine how best to allocate water among Indians and 
non-Indians in a way that does not curtail existing uses. Many of the 
settlements also contain authorization for the Federal Government to 
provide funding to the Indian nations so that the Indian nations 
involved can make use of the water they are awarded under the terms of 
the settlement, resulting in economic development and health benefits 
on the Indian nation.
  Secretary of the Interior Dirk Kempthorne and his staff deserve a 
great deal of credit for trying to advance the New Mexico Indian water 
rights settlements. However, current Federal budgets cannot accommodate 
the upcoming New Mexico settlements. This is troublesome for several 
reasons. First, it impairs Congress's ability to resolve Indian water 
rights claims in a way that keeps all water users whole. Additionally, 
many of the settlements require the construction of water 
infrastructure benefiting an Indian nation. Lack of a steady stream of 
Federal money results in water projects that take far longer to 
construct, costing taxpayers significantly more money in the long run.
  Today I introduce the Reclamation Water Settlements Fund Act of 2007. 
This bill would establish a reliable source of Federal funding to 
resolve Indian water rights claims in New Mexico. The bill provides 
that, over the next 10 years, 30 percent of the revenues generated in 
New Mexico that would otherwise be deposited in the reclamation fund 
would instead be used to fund Indian water rights settlements. The 
amounts deposited in this fund could be used to pay for the Aamodt, 
Abeyta, and Navajo Indian water rights settlements after the parties 
resolve outstanding issues and the settlements are signed into law. It 
is important to note that the fund created by this legislation would 
allow us to fund New Mexico Indian water rights settlements without 
compromising the sustainability of the reclamation fund.
  The consequences of not settling outstanding Indian water rights 
claims in New Mexico are dire. The legislation I introduce today would 
remove the main impediment to the resolution of Indian water rights 
settlement.
  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. 1643

       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 ``Reclamation Water 
     Settlements Fund Act of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Fund.--The term ``Fund'' means the Reclamation Water 
     Settlements Fund established by section 3(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 3. RECLAMATION WATER SETTLEMENTS FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Reclamation 
     Water Settlements Fund'', consisting of--
       (1) such amounts as are deposited to the Fund under 
     subsection (b); and
       (2) any interest earned on investment of amounts in the 
     Fund under subsection (d).
       (b) Deposits to Fund.--
       (1) In general.--For each of the 10 years after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     deposit in the Fund an amount equal to 30 percent of the 
     revenues generated within the external boundaries of the 
     State of New Mexico that would otherwise be deposited for the 
     fiscal year in the fund established by the first section of 
     the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
       (2) Availability of amounts.--On deposit, the amounts in 
     the Fund under subsection (a)(1), and on accrual, any 
     interest earned under subsection (d), shall be available 
     annually, without further appropriation, to carry out 
     subsection (c).
       (c) Use.--
       (1) In general.--On request of the Secretary, the Secretary 
     of the Treasury shall transfer to the Secretary such amounts 
     in the Fund as are necessary to fund any activities of the 
     Bureau of Reclamation relating to Indian water rights 
     settlements in the State that are approved by Congress and 
     are associated with the planning, designing, or construction 
     of--
       (A) water supply infrastructure; or
       (B) a project to rehabilitate a water delivery system to 
     conserve water.
       (2) Priority.--
       (A) In general.--Except as provided in subparagraph (B), 
     amounts shall be transferred under paragraph (1) in the order 
     in which the Indian water rights settlements are approved by 
     Congress.
       (B) Exception.--Amounts may be made simultaneously 
     available under paragraph (1) to fund activities relating to 
     multiple approved Indian water rights settlements in the 
     State if the Secretary determines that--
       (i) sufficient amounts are available in the Fund to carry 
     out activities relating to more than 1 Indian water rights 
     settlement simultaneously; and
       (ii) deviation from the priority order required under 
     subparagraph (A) would not adversely affect the timely 
     completion of the activities that would otherwise have 
     priority under that subparagraph.
       (d) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (2) Interest-bearing obligations.--Investments may be made 
     only in interest-bearing obligations of the United States.
       (3) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.

[[Page S7817]]

       (4) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (5) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund.
       (e) Transfers of Amounts.--The amounts required to be 
     transferred to the Fund under this section shall be 
     transferred at least annually.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 1646. A bill to amend the Food Security Act of 1985 to require the 
Secretary of Agriculture to make cost-share and incentive payments for 
innovative fuels management conservation practices, including 
prescribed grazing management on private grazing land and practices 
that complement commensurate public land, to prevent the occurrence and 
spread of, and damages caused by, wildfires fueled by invasive species; 
to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. REID, Mr. President, today my colleague from Nevada, Senator 
Ensign and I, are introducing The Wildfire Presuppression Fuels 
Management Act of 2007. This bill establishes a USDA conservation 
program that helps to prevent the occurrence, spread of, and damages 
caused by wildfire to rangeland.
  Since 1999, approximately 5.8 million acres of Nevada rangeland has 
been destroyed by wildfire, 3 million of which burned in 2005 and 2006. 
According to the Nevada Department of Wildlife, prior to the 1980's 
burned lands averaged less than 25,000 acres per year. Nevada's current 
acres burned per year have now climbed to 24 times that to 600,000 
acres burned per year.
  This legislation would allow private land owners to receive annual 
incentive payments for implementing innovative conservation practices 
on rangeland that is vulnerable to wildfire or has suffered the 
consequences of wildfire. Conservation efforts funded through this 
program would protect unburned areas rich in plant diversity and high 
resources from the threat of wildfire and restore areas impacted by 
wildfire and degraded by invasive weeds through reseeding and 
establishment of native plants.
  By creating incentives for private ranchers to manage strips of land 
that border public lands, we are acknowledging the importance of 
private land in restoring rangeland health, acknowledging the costs 
involved to producers and their businesses and equally important, 
encouraging partnerships between private land and public lands in our 
efforts to prevent wildfires and improve the environment.
  Nevada, along with other Western States, is facing unprecedented 
threats to the environmental health of its rangeland. Working hand in 
hand, wildfires and invasive species, such as cheat grass and red 
brome, are destroying native ecosystems, such as sagebrush habitat, and 
severely compromising the value of rangeland for livestock production.
  According to USDA's Pacific Northwest Research Station more than 50 
percent of existing sagebrush habitat has been invaded by cheat grass. 
That is more than 10 million acres. They predict that cheat grass will 
displace existing sagebrush and other native plants in much of Nevada 
over the next 30 years. That is why this bill has the support and 
endorsement of the Nevada Cattlemen's Association, The Nevada 
Association of Counties, and the Coalition for Nevada's Wildlife. They 
understand the importance and economic value of healthy rangeland and 
welcome opportunities to partner with the Federal Government on finding 
solutions to these problems.
  This program is one small step forward in addressing these important 
issues. I intend to work to see this legislation included in the farm 
bill being considered by Congress this year. It is one step forward in 
addressing the conservation and environmental concerns of Nevada and 
the Great Basin.
  I ask unanimous consent that the text of the bill and a letter of 
support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1646

       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 ``Wildfire Presuppression 
     Fuels Management Pilot Program Act of 2007''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) private grazing land in the United States has 
     experienced dramatic increases in the levels of cheatgrass 
     and other invasive or noxious weed species following 
     wildfires; and
       (2) to address the needs of private landowners with respect 
     to the protection and management of grazing land, the 
     Secretary of Agriculture should provide cost-share and 
     incentive payments to the landowners to develop fuels 
     management plans and practices and to promote activities--
       (A) to protect areas of grazing land and wildlife habitat 
     that have not been negatively affected by wildfire; and
       (B) to manage the risks of wildfires that occur--
       (i) on public land and rights-of-way from moving onto 
     private grazing land; and
       (ii) on private land from moving onto public land and 
     right-of-way.

     SEC. 3. FIRE PRESUPPRESSION CONSERVATION PROGRAM.

       (a) In General.--Section 1240B of the Food Security Act of 
     1985 (16 U.S.C. 3839aa-2) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``2010'' and inserting 
     ``2012''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(C) a producer that develops a fuels management 
     conservation plan, approved by the Natural Resources 
     Conservation Service, and subsequently implements a 
     structural practice or a land management practice relating to 
     fire presuppression on private grazing land as described in 
     the approved conservation plan, shall be eligible to receive 
     cost-share payments and annual incentive payments in 
     accordance with subsection (i).''; and
       (2) by adding at the end the following:
       ``(i) Wildfire Presuppression Conservation Program.--
       ``(1) In general.--For each of fiscal years 2008 through 
     2012, the Secretary shall provide cost-share payments under 
     subsection (d) and annual incentive payments under subsection 
     (e) to producers that enter into contracts as described in 
     paragraph (2) for activities described in paragraph (3).
       ``(2) Term of contracts.--Notwithstanding subsection 
     (b)(2)(A), a contract entered into under this subsection 
     shall have a term of--
       ``(A) not less than 5 years; and
       ``(B) not more than 10 years.
       ``(3) Eligible activities.--In addition to grants under 
     section 1240H, the Secretary may provide cost-share payments 
     and incentive payments under this subsection to producers for 
     planning and carrying out innovative fuels management 
     conservation plans on private grazing land to help prevent 
     the occurrence and spread of, and damages caused by, 
     wildfires fueled by invasive or noxious weed species, 
     including activities relating to--
       ``(A) managed fuel breaks along a boundary between public 
     and private land to reduce fuel load, including--
       ``(i) managed grazing practices and the technology required 
     to implement such a practice; and
       ``(ii) the use of brush strips or mosaic patches;
       ``(B) restoration of fire-damage areas using adapted plant 
     material, with an emphasis on using native and adapted 
     grasses and forbs to vegetate or revegetate the fire-damaged 
     areas;
       ``(C) projects that receive expanded conservation 
     innovation grants for technology transfer training programs 
     relating to fuels management techniques;
       ``(D) protection or restoration of critical wildlife 
     habitat; and
       ``(E) conservation practices designed to reduce and manage 
     high fuel loads associated with woody plant species.''.
       (b) Conforming Amendment.--Section 1240H(b) of the Food 
     Security Act of 1985 (16 U.S.C. 3839aa-8(b)) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) implement projects or activities, such as--
       ``(A) market systems for pollution reduction;
       ``(B) innovative conservation practices, including the 
     storing of carbon in the soil; and
       ``(C) innovative grazing management activities described in 
     section 1240B(i)(3); and''.
                                  ____



                               Nevada Cattleman's Association,

                                                    June 18, 2007.
     Hon. Harry Reid,
     U.S. Senate,
     Washington, DC.
       Dear Senator Reid: The Nevada Cattlemen's Association (NCA) 
     represents public and private land ranchers throughout 
     Nevada. We seek to create a stable business climate for our 
     members in which they can run environmentally sustainable and 
     economically viable operations.
       Over the past several years fire has played a large role in 
     the Great Basin. As you know, the State of Nevada can be a 
     harsh environment for those who work the land. Cattlemen are 
     susceptible to wildfire on public and private grazing lands. 
     When fire moves

[[Page S7818]]

     through rangelands across the west vegetation communities 
     change from shrub dominated, to annual cheatgrass dominated 
     landscapes. Not only do the vegetation communities change, 
     but the fire cycle increase, habitat for wildlife is 
     decreased, and forage for both domestic livestock and 
     wildlife is greatly reduced throughout the grazing year.
       Reducing fuels before the fire season using prescriptive 
     grazing, brush thinning, green strips, and spring grazing on 
     already cheatgrass dominated areas will help reduce the 
     catastrophic fires that have moved through Nevada over the 
     past few summers. The Nevada Cattlemen's Association would 
     like to Thank You for realizing working on landscapes before 
     the fires start is the best method not only for the landscape 
     but for Ranchers across the state. Fire not only hurts the 
     rancher during the fire, but for the years after when the 
     federal land is closed off. Your recognition of the role that 
     fire plays in these lives of rural Nevadans is greatly 
     appreciated. We hope that you continue to support pre-fire 
     management by ranchers and the federal land agencies. Your 
     support on a national level shows your constituents that you 
     care, and sets a national precedence that fire management 
     should happen just as much before the fire bums as after. We 
     Thank You for your support of pre-suppression fuels reduction 
     on both public and private ground. Your recent legislation 
     shows strong support for ranchers and the landscape they 
     utilize.
       The Nevada Cattlemen's Association works to protect 
     ranchers and the landscapes they help to manage. Please help 
     that tradition, value, and future continue.
           Best Regards,
                                                Boyd M. Spratling,
     President.

                          ____________________