[Congressional Record Volume 155, Number 4 (Friday, January 9, 2009)]
[Senate]
[Pages S256-S262]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN (for herself, Mr. Brownback, Mr. Inouye,
[[Page S257]]
Mr. Roberts, Mr. Akaka, Mr. Voinovich, Mrs. Boxer, Mr. Johanns,
Mr. Nelson of Nebraska, and Mr. Brown):
S. 193. A bill to create and extend certain temporary district court
judgeships; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce a bill to
provide urgently needed relief to federal district courts in
California, Hawaii, Kansas, Nebraska, and Ohio.
This bill is supported by both Senators from all five of the States
affected Senators Boxer and myself, Senators Brownback and Roberts,
Senators Akaka and Inouye, Senators Nelson and Johanns, and Senators
Brown and Voinovich.
The bill is identical to a bill passed by the Senate by unanimous
consent last year. I hope that my colleagues will move expeditiously to
consent to this bill once again.
The bill creates one new temporary judgeship in the Eastern District
of California and one in the District of Nebraska, and it extends
temporary judgeships in the District of Hawaii, the District of Kansas,
and the Northern District of Ohio.
The bill has broad, bipartisan support because the relief it provides
is sorely needed. All of these courts face overwhelming caseloads that
are leading to judicial burnout and long delays in the administration
of justice. The bill, put simply, provides assistance to districts that
do not have enough judges to handle the work assigned to them.
I have been concerned about this problem in the Eastern District of
California for many years now.
According to statistics provided by the Administrative Office of the
United States Courts, the Eastern District's caseload burden is higher,
on a sustained basis, than any other district in the country.
In 2008, the judges in the Eastern District handled 968 cases each.
That is twice the number of cases that the Judicial Conference
recommends. In fact, the Judicial Conference has recommended that
Congress create a new judgeship in a district whenever a threshold of
430 cases per judge is reached.
A caseload burden of this magnitude is not only a problem for judges.
The people who live in the district and other litigants who appear
before the court are also affected.
Victims of crime are forced to endure long waiting periods to see
justice done. Citizens find that they are unable to resolve their civil
disputes promptly. And plaintiffs face extensive delays in getting
damages or restitution for harms that they have suffered.
Currently, people who have cases in the Eastern District court are
facing delays of approximately 42 months from filing to verdict. That
is three and a half years--twice the national average for federal court
delays. This kind of delay is simply unacceptable.
The delays are by no means the fault of the district judges either.
By every measure, the judges in the Eastern District are among the most
productive in the nation.
In 2008, each of the district's active judges completed 903 cases. In
addition to this extraordinary effort, two of the five senior judges
carry a full load.
One senior judge has explained that he has not reduced his workload
for two reasons: ``[F]irst the district is so short of needed judges
that it appears to me unjust to leave those who require a court either
to resolve criminal cases or resolve their civil cases; second, I have
felt great compassion for my colleagues who would be left with a still
more unmanageable case load if I left or even cut down on my load.''
In California, the overwhelming burden on the Eastern District court
is no secret. This past summer, the Chief Judge of the Ninth Circuit
called on all judges in the Circuit--district and circuit judges
alike--to volunteer to hear 15 cases in the Eastern District each.
Although 84 federal judges generously stepped forward to relieve the
District of more than 1,000 cases, thousands of cases remain pending.
The Eastern District of California should not be forced to rely on
temporary assistance from judges from other districts. Each court needs
enough judges to handle its caseload in a reasonably timely manner.
Although not sufficient, one temporary district judgeship would
provide much needed relief to the hardworking judges of the Eastern
District and the litigants who come before them. Based on last year's
filings, one new judgeship would reduce the filings per judge from 968
to 572.
Congress has not authorized a new permanent judgeship for the
district since 1978. In 1992, a temporary judgeship was authorized, but
that judgeship expired in 2004. Last year, a bill that I co-sponsored--
the Federal Judgeship Act of 2008--would have provided four new
permanent judgeships, but that bill stalled before the full Senate
after being favorably reported out of the Judiciary Committee.
This bill was introduced by Senator Leahy last year, and I want to
thank him for all of his work on its behalf. The bill passed the Senate
by unanimous consent. This year, the need is only greater, as caseloads
have only increased.
I urge my colleagues to consent to this bill once again, and to do so
in an expeditious manner.
Mr. President, 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. 193
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TEMPORARY JUDGESHIPS FOR DISTRICT COURTS.
(a) Additional Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 1 additional district judge for the eastern district of
California; and
(B) 1 additional district judge for the district of
Nebraska.
(2) Vacancies not filled.--The first vacancy in the office
of district judge in each of the offices of district judge
authorized by this subsection, occurring 10 years or more
after the confirmation date of the judge named to fill the
temporary district judgeship created in the applicable
district by this subsection, shall not be filled.
(b) Extension of Certain Temporary Judgeships.--Section
203(c) of the Judicial Improvements Act of 1990 (Public Law
101-650; 28 U.S.C. 133 note) is amended--
(1) in the second sentence, by inserting ``the district of
Hawaii,'' after ``Pennsylvania,'';
(2) in the third sentence (relating to the district of
Kansas), by striking ``17 years'' and inserting ``26 years'';
(3) in the fifth sentence (relating to the northern
district of Ohio), by striking ``17 years'' and inserting
``25 years''; and
(4) by inserting ``The first vacancy in the office of
district judge in the district of Hawaii occurring 20 years
or more after the confirmation date of the judge named to
fill the temporary judgeship created under this subsection
shall not be filled.'' after the sixth sentence.
______
By Mr. CASEY (for himself, Ms. Snowe,, and Mr. Voinovich):
S. 194. A bill to amend the Emergency Food Assistance Act of 1983 to
require the Secretary of Agriculture to help offset the costs of
intrastate transportation, storage, and distribution of bonus
commodities provided to States and food assistance agencies under the
emergency food assistance program; to the Committee on Agriculture,
Nutrition, and Forestry.
Mr. CASEY. Mr. President, I rise today to introduce the Bonus TEFAP
Assistance Act of 2009 with my colleagues Senator Snowe and Senator
Voinovich. Our bill provides immediate and valuable assistance to our
national food banks and the families who rely on food banks to put
meals on the table by ensuring that food banks can accept and
distribute food donations they might otherwise have had to decline. Our
bill has the support of Feeding America, formerly known as America's
Second Harvest, the national hunger relief charity that operates a
network of over 200 food banks across America.
We are in the middle of a crisis. The on-going economic crisis is the
worst in a generation, but this crisis is more than stock prices and
market certainty. The economic crisis has a face. The faces of
hardworking Pennsylvanians who suddenly find themselves unable to
afford food for the family meals. The economic crisis is also a hunger
crisis--a crisis that is pushing more people to apply for Federal
nutrition programs and stand in line at the local food bank. It is a
crisis that threatens to undo all of the progress we have made over the
past few decades to end hunger in America.
The United States Department of Agriculture, USDA, reported that, for
[[Page S258]]
2006, 35.5 million Americans did not have enough money or resources to
get food for at least some period during the year. This figure was an
increase of 400,000 over 2005 and an increase of 2.3 million since
2000. With the fragile State of our economy, it is extremely likely
that these figures for 2007 and 2008 will be even more devastating. The
only recourse for these millions of families is to turn to federal food
assistance programs and emergency food banks for their basic food
needs.
Unfortunately, as articles in national publications like the USA
Today and the New York Times have highlighted, there is a critical lack
of food inventories available in local food pantries across the
country. Rising demand, sharp drops in federal supplies of excess
commodities, and declining donations have forced food banks to cut back
on rations, and in some cases, close their doors. In short, America's
food banks are facing critical shortages now.
As a member of the Senate Committee on Agriculture, Nutrition, and
Forestry, I was proud to help create last year's farm bill. The bill
helps food banks by providing additional annual funding to shore up
food bank supplies. But there are additional measures that we can take
to help ensure that food banks can continue to fulfill their mission.
That's why today I'm pleased introduce the Bonus TEFAP Assistance Act
of 2009. This legislation provides the critical support needed to
ensure food assistance agencies, already in desperate need of supplies,
can take full advantage of the distributions of bonus food commodities
supplied by USDA through the Emergency Food Assistance Program, TEFAP.
By helping to offset the intrastate storage, transportation, and
distribution costs the food assistance agencies incur to distribute
these bonus food surpluses, the bill ensures that commodities reach the
greatest number of needy individuals.
The Emergency Food Assistance Program began in 1981 as a temporary
program with dual purposes; it was intended to help reduce the Federal
food inventories and storage costs while also assisting the needy.
Because of the program's success in helping distribute food to those in
need, in 1988, after much of the federal inventory was depleted, the
Hunger Prevention Act authorized funds to be appropriated to purchase
food for TEFAP.
Under current-day TEFAP, the USDA provides states and food assistance
agencies with commodities bought specifically for the program and with
funding to help cover distributing agencies' intrastate storage,
handling, and distribution costs. In addition, when available, USDA
provides any excess food not needed to fulfill other program
requirements to States for allocation to local food assistance
agencies. This excess food is known as ``bonus TEFAP.'' Unfortunately,
while the USDA generously distributes these bonus TEFAP commodities to
the States, many of the State and food assistance agencies are unable
to accept the bonus TEFAP commodities because they do not have the
resources to store, transport, or distribute them.
The Bonus TEFAP Assistance Act of 2009 that I am introducing today
alleviates this problem by providing offsetting funds to recipient
agencies to assist with the costs of storing, transporting, and
distributing bonus TEFAP commodities. The funds provided through this
legislation will help to provide more food to those in need through
food banks, food pantries, emergency shelters, soup kitchens, and other
organizations that directly provide these resources to the public.
To solve the problem the inadequacy of local resources causes, the
bill authorizes the Secretary of Agriculture to use existing funds
granted under Section 32 of the Agricultural Adjustment Act of 1935.
Currently, Section 32 funds are used to fund child nutrition programs
and other programs to support the farm sector at the discretion of the
Secretary. Through this legislation, a small portion of Section 32
funds would be allocated to each eligible recipient agency in the
lesser amount of $0.05 per pound or $0.05 per dollar value of bonus
TEFAP commodities. With this modest increase in funding, the States and
their food assistance agencies will be able to accept more food
distributions from the USDA through TEFAP, benefitting the many low-
income recipients who rely on the program for emergency food and
nutrition assistance.
I urge all of my colleagues to join Senator Snowe, Senator Voinovich
and me in ensuring that the States and food assistance agencies can
accept the available excess commodity foods the USDA provides under the
Emergency Assistance Food Program. Food assistance agencies are in dire
need of funds, food, and supplies and we owe it to them to ensure that
they can take full advantage of every opportunity to serve those in our
nation who are in desperate need.
Mr. President, 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. 194
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 ``Bonus TEFAP Assistance Act
of 2009''.
SEC. 2. ASSISTANCE FOR COSTS OF DISTRIBUTING BONUS
COMMODITIES.
(a) Purposes.--The purposes of this section are--
(1) to encourage States and food assistance agencies to
accept commodities acquired by the Secretary of Agriculture
for farm support and surplus removal activities; and
(2) to offset the costs of the States and food assistance
agencies for the intrastate transportation, storage, and
distribution of the commodities.
(b) Costs of Distributing Bonus Commodities.--Section 202
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7502)
is amended by inserting after subsection (a) the following:
``(b) Costs of Distributing Bonus Commodities.--
``(1) In general.--The Secretary shall use funds made
available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), to provide funding described in paragraph (2)
to eligible recipient agencies to offset the costs of the
agencies for intrastate transportation, storage, and
distribution of commodities described in subsection (a).
``(2) Funding.--The Secretary shall provide funding
described in paragraph (1) to an eligible recipient agency at
a rate equal to the lower of $0.05 per pound or $0.05 per
dollar value of commodities described in subsection (a) that
are made available under this Act to, and accepted by, the
eligible recipient agency.''.
______
By Mr. FEINGOLD (for himself, Mr. Crapo, Mrs. Boxer, Mr. Cardin,
Mr. Brownback, Mr. Kerry, Mr. Kohl, and Ms. Landrieu):
S. 197. A bill to assist in the conservation of cranes by supporting
and providing, through projects of persons and organizations with
expertise in crane conservation, financial resources for the
conservation programs of countries the activities of which directly or
indirectly affect cranes and the ecosystem of cranes; to the Committee
on Environment and Public Works.
Mr. FEINGOLD. Mr. President, I am introducing the Crane Conservation
Act of 2009. I am very pleased that Senator Crapo has once again agreed
to lead on this legislation with me. I am always glad to work with my
colleagues from across the aisle. We are pleased to be joined by
Senators Boxer, Brownback, Cardin, Kerry, Kohl, Landrieu, and Martinez,
who are cosponsors of this legislation.
The Crane Conservation Act will ensure we do our part to protect the
existence of these birds, whose cultural significance and popular
appeal can be seen worldwide. This legislation is particularly
important to the people of Wisconsin, as our state provides habitat and
refuge to several crane species. But this legislation, which authorizes
the United States Fish and Wildlife Service to distribute funds and
grants to crane conservation efforts both domestically and in
developing countries, promises to have a larger environmental and
cultural impact that will go far beyond the boundaries of my home
State.
Congress' efforts to help protect and recover species throughout the
world began in earnest in 1994 when Congress passed and the President
signed the Rhinoceros and Tiger Conservation Act. The passage of this
act provided support for multinational rhino and tiger conservation by
authorizing the United States Fish and Wildlife Service to distribute
up to $10 million in grants every year to support projects in
developing countries. Since 1994, Congress has established the
``multinational species conservation fund'' to cover other
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species, such as elephants and great apes.
Today, with the legislation I am introducing, I am asking Congress to
add cranes to this list. Cranes are the most endangered family of birds
in the world, with 11 of the world's 15 species at risk of extinction.
Specifically, this legislation would authorize up to $5 million of
funds per year for fiscal years 2008 through 2012 to be distributed as
conservation project grants to protect cranes and their habitat in
Asia, Africa, and North America. In keeping with my belief that we
should balance the budget, this bill proposes that the $25 million in
authorized spending over 5 years for the Crane Conservation Act should
be offset through the Secretary of Interior's administrative budget.
This bill is similar to legislation I have introduced since the 107th
Congress and I was very pleased that last Congress the bill passed the
House of Representatives and the Senate Environment and Public Works
Committee and was positioned to pass the Senate before stalling late in
the last Congress.
I am offering this legislation due to the serious and significant
decline that can be expected in crane populations worldwide without
further conservation efforts. Those efforts have achieved some success
in the case of the North American whooping crane, the rarest crane on
earth. By 1890, the whooping crane disappeared from its main migratory
route from Idaho through Wyoming and Colorado to New Mexico. In 1944,
only 21 birds remained along the migratory route between Montana and
Texas' Aransas National Wildlife Refuge, via the Dakotas, Nebraska,
Kansas, and Oklahoma. Unfortunately, the breeding grounds for this
remaining flock were unknown, but since they were discovered in Canada
in 1955, cooperative efforts between the United States and Canada have
been under way to recover the species. Today, this flock remains the
only wild flock of North American whooping cranes that breeds in
northwest Canada, and spends its winters in coastal Texas.
In 1980, a new course was chartered for recovering the species, and
captive breeding efforts began at Patuxent Wildlife Research Center in
Maryland in hopes of rearing chicks for release in the wild--today,
captive breeding centers are also located at New Orleans' Audubon
Species Survival Center and Canada's Calgary Zoo.
These breeding efforts blossomed into efforts to reintroduce a
migratory flock of whooping cranes into their historic range in the
Eastern United States. In 2001 this became a reality when the first
class of whooping cranes followed their ``mother'' (actually an ultra
light aircraft) over 1,300 miles to their wintering grounds.
The movement of this flock of birds shows how any effort by Congress
to regulate crane conservation needs to cross both national and
international lines. As this flock of birds makes its journey from
Wisconsin's Necedah National Wildlife Refuge to Florida's
Chassahowitzka National Wildlife Refuge and back, the birds rely on the
ecosystems of a multitude of states in this country. Along the journey
which traverses through Illinois, Indiana, Kentucky, Tennessee, and
Georgia the birds face threats from pollution of traditional watering
grounds, collision with utility lines, human disturbance, disease,
predation, loss of genetic diversity within the population, and
vulnerability to catastrophes, both natural and man-made.
However, the birds can also rely on private landowners, the vast
majority of whom have enthusiastically welcomed the birds to their rest
on their land. Through its extensive outreach and education program,
the Whooping Crane Eastern Partnership has obtained the consistent
support of farmers and other private landowners to make this important
recovery program a success. On every front, this partnership is unique.
This ongoing recovery effort would not be possible without the
cooperative efforts of federal and state governments, landowners,
volunteers, and non-governmental organizations. Seven years later,
these partnerships support an ever-growing eastern crane population,
now numbering over sixty.
While over the course of the last half-century, North American
whooping cranes have begun to make a slow recovery, many species of
crane in Africa and Asia have declined, including the sarus crane of
Asia and the wattled crane of Africa.
The sarus crane stands four feet tall and can be found in the
wetlands of northern India and south Asia. These birds require large,
open, well watered plains or marshes to breed and survive. Due to
agricultural expansion, industrial development, river basin
development, pollution, warfare, and heavy use of pesticides prevalent
in India and southeast Asia, the sarus crane population has been in
decline. Furthermore, in many areas, a high human population
concentration compounds these factors. On the Mekong River, which runs
through Cambodia, Vietnam, Laos, Thailand, and China, human population
growth and planned development projects threaten the sarus crane.
Reports from India, Cambodia, and Thailand have also cited incidences
of the trading of adult birds and chicks, as well as hunting and egg
stealing in the drop in population of the sarus crane.
Only three subspecies of the sarus crane exist today. One resides in
northern India and Nepal, one resides in southeast Asia, and one
resides in northern Australia. Their population is about 8,000 in the
main Indian population, with recent numbers showing a rapid decline. In
Southeast Asia, only 1,000 birds remain.
The situation of the sarus crane in Asia is mirrored by the situation
of the wattled crane in Africa. In Africa, the wattled crane is found
in the southern and eastern regions, with an isolated population in the
mountains of Ethiopia. Current population estimates range between 6,000
to 8,000 and are declining rapidly, due to loss and degradation of
wetland habitats, as well as intensified agriculture, dam construction,
and industrialization. In other parts of the range, the creation of
dams has changed the dynamics of the flood plains, thus further
endangering these cranes and their habitats. Human disturbance at or
near breeding sites also continues to be a major threat. Lack of
oversight and education over the actions of people, industry, and
agriculture is leading to reduced preservation for the lands on which
cranes live, thereby threatening the ability of cranes to survive in
these regions.
If we do not act now, not only will cranes face extinction, but the
ecosystems that depend on their contributions will suffer. With the
decline of the crane population, the wetlands and marshes they inhabit
can potentially be thrown off balance. I urge my colleagues to join me
in supporting legislation that can provide funding to the local
farming, education, and enforcement projects that can have the greatest
positive effect on the preservation of both cranes and fragile
habitats. This modest investment can secure the future of these
exemplary birds and the beautiful areas in which they live. Therefore,
I ask my colleagues to support the Crane Conservation Act of 2009.
This legislation is endorsed by African Wildlife Foundation, American
Bird Conservancy, American Veterinary Medical Association, Association
of Zoos and Aquariums, Audubon Nature Institute, Born Free USA,
Conservation International, Defenders of Wildlife, Dian Fossey Gorilla
Fund International, Fauna & Flora International, Humane Society of the
United States, Humane Society International, International Crane
Foundation, International Fund for Animal Welfare, International Rhino
Foundation, National Wildlife Federation, National Wildlife Refuge
Association, The Nature Conservancy, Sierra Club, Wildlife Alliance,
Wildlife Conservation Society, and the World Wildlife Fund.
Mr. President, 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. 197
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 ``Crane Conservation Act of
2009''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to perpetuate healthy populations of cranes;
(2) to assist in the conservation and protection of cranes
by supporting--
[[Page S260]]
(A) conservation programs in countries in which endangered
and threatened cranes occur; and
(B) the efforts of private organizations committed to
helping cranes; and
(3) to provide financial resources for those programs and
efforts.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conservation.--
(A) In general.--The term ``conservation'' means the use of
any method or procedure to improve the viability of crane
populations and the quality of the ecosystems and habitats on
which the crane populations depend to help the species
achieve sufficient populations in the wild to ensure the
long-term viability of the species.
(B) Inclusions.--The term ``conservation'' includes the
carrying out of any activity associated with scientific
resource management, such as--
(i) protection, restoration, and management of habitat;
(ii) research and monitoring of known populations;
(iii) the provision of assistance in the development of
management plans for managed crane ranges;
(iv) enforcement of the Convention;
(v) law enforcement and habitat protection through
community participation;
(vi) reintroduction of cranes to the wild;
(vii) conflict resolution initiatives; and
(viii) community outreach and education.
(2) Convention.--The term ``Convention'' has the meaning
given the term in section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532).
(3) Fund.--The term ``Fund'' means the Crane Conservation
Fund established by section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CRANE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of
appropriations and in consultation with other appropriate
Federal officials, the Secretary shall use amounts in the
Fund to provide financial assistance for projects relating to
the conservation of cranes for which project proposals are
approved by the Secretary in accordance with this section.
(b) Project Proposals.--
(1) Applicants.--
(A) In general.--An applicant described in subparagraph (B)
that seeks to receive assistance under this section to carry
out a project relating to the conservation of cranes shall
submit to the Secretary a project proposal that meets the
requirements of this section.
(B) Eligible applicants.--An applicant described in this
subparagraph is--
(i) any relevant wildlife management authority of a country
that--
(I) is located within the African, Asian, European, or
North American range of a species of crane; and
(II) carries out 1 or more activities that directly or
indirectly affect crane populations;
(ii) the Secretariat of the Convention; and
(iii) any person or organization with demonstrated
expertise in the conservation of cranes.
(2) Required elements.--A project proposal submitted under
paragraph (1)(A) shall include--
(A) a concise statement of the purpose of the project;
(B)(i) the name of each individual responsible for
conducting the project; and
(ii) a description of the qualifications of each of those
individuals;
(C) a concise description of--
(i) methods to be used to implement and assess the outcome
of the project;
(ii) staff and community management for the project; and
(iii) the logistics of the project;
(D) an estimate of the funds and the period of time
required to complete the project;
(E) evidence of support for the project by appropriate
government entities of countries in which the project will be
conducted, if the Secretary determines that such support is
required to ensure the success of the project;
(F) information regarding the source and amount of matching
funding available for the project; and
(G) any other information that the Secretary considers to
be necessary for evaluating the eligibility of the project to
receive assistance under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a final project
proposal, provide a copy of the proposal to other appropriate
Federal officials; and
(B) review each project proposal in a timely manner to
determine whether the proposal meets the criteria described
in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to
the availability of appropriations, the Secretary, after
consulting with other appropriate Federal officials, shall--
(A) consult on the proposal with the government of each
country in which the project is to be carried out;
(B) after taking into consideration any comments resulting
from the consultation, approve or disapprove the proposal;
and
(C) provide written notification of the approval or
disapproval to--
(i) the applicant that submitted the proposal;
(ii) other appropriate Federal officials; and
(iii) each country described in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a
project proposal under this section if the Secretary
determines that the proposed project will enhance programs
for conservation of cranes by assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and cranes that
arise from competition for the same habitat or resources;
(3) enhance compliance with the Convention and other
applicable laws that--
(A) prohibit or regulate the taking or trade of cranes; or
(B) regulate the use and management of crane habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition of crane habitat;
(B) crane population numbers and trends; or
(C) the current and projected threats to crane habitat and
population numbers and trends;
(5) promote cooperative projects on the issues described in
paragraph (4) among--
(A) governmental entities;
(B) affected local communities;
(C) nongovernmental organizations; or
(D) other persons in the private sector;
(6) carry out necessary scientific research on cranes;
(7) provide relevant training to, or support technical
exchanges involving, staff responsible for managing cranes or
habitats of cranes, to enhance capacity for effective
conservation; or
(8) reintroduce cranes successfully back into the wild,
including propagation of a sufficient number of cranes
required for this purpose.
(e) Project Sustainability; Matching Funds.--To the maximum
extent practicable, in determining whether to approve a
project proposal under this section, the Secretary shall give
preference to a proposed project--
(1) that is designed to ensure effective, long-term
conservation of cranes and habitats of cranes; or
(2) for which matching funds are available.
(f) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary, at
such periodic intervals as are determined by the Secretary,
reports that include all information that the Secretary,
after consulting with other appropriate government officials,
determines to be necessary to evaluate the progress and
success of the project for the purposes of--
(A) ensuring positive results;
(B) assessing problems; and
(C) fostering improvements.
(2) Availability to the public.--Each report submitted
under paragraph (1), and any other documents relating to a
project for which financial assistance is provided under this
Act, shall be made available to the public.
SEC. 5. CRANE CONSERVATION FUND.
(a) Establishment.--There is established in the
Multinational Species Conservation Fund established by the
matter under the heading ``MULTINATIONAL SPECIES CONSERVATION
FUND'' in title I of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
237; 16 U.S.C. 4246) a separate account to be known as the
``Crane Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (c); and
(2) amounts appropriated to the Fund under section 7.
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraphs (2) and (3), upon
request by the Secretary, the Secretary of the Treasury shall
transfer from the Fund to the Secretary, without further
appropriation, such amounts as the Secretary determines are
necessary to provide assistance under section 4.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than 3 percent, or $150,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
Act.
(3) Limitation.--Not more than 20 percent of the amounts
made available from the Fund for any fiscal year may be used
for projects relating to the conservation of North American
crane species.
(c) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept and use donations
to provide assistance under section 4.
(2) Transfer of donations.--Amounts received by the
Secretary in the form of donations shall be transferred to
the Secretary of the Treasury for deposit in the Fund.
SEC. 6. ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of
individuals representing public and private organizations
actively involved in the conservation of cranes.
(b) Public Participation.--
(1) Meetings.--The advisory group shall--
(A) ensure that each meeting of the advisory group is open
to the public; and
(B) provide, at each meeting, an opportunity for interested
persons to present oral or written statements concerning
items on the agenda.
[[Page S261]]
(2) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
(c) Exemption From Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory group.
SEC. 7. FUNDING.
(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Fund $5,000,000 for each of fiscal
years 2009 through 2013, to remain available until expended.
(b) Offset.--Of amounts appropriated to, and available at
the discretion of, the Secretary for programmatic and
administrative expenditures, a total of $25,000,000 shall be
used to establish the Fund.
______
By Mr. SANDERS (for himself and Mr. Leahy):
S. 198. A bill to direct the Secretary of Transportation to waive
non-Federal share requirements for certain transportation programs and
activities through September 30, 2009; to the Committee on Environment
and Public Works.
Mr. LEAHY. Mr. President, I rise today with my colleague from
Vermont, Senator Sanders, to introduce a bill that will help states
struggling with meeting non-federal match requirements for federal
transportation funding under the Safe, Accountable, Flexible and
Efficient Transportation Equity Act, SAFETEA. Representative Peter
Welch from Vermont introduced identical legislation in the House today
as well.
Our States are struggling with enormous budget deficits due to the
current economic crisis. As a result, nearly every one of our states
has been forced to make drastic cuts to their transportation budgets.
On top of that, state and local governments around the country report
they do not have the necessary funding in their budgets to match any
new Federal transportation money possibly forthcoming in an economic
stimulus package. The inability of our states to improve roads and
bridges, support public transit agencies facing record demand, and
upgrade rail lines puts a strain on our already sagging economy.
Waiving the non-federal match requirements for all highway, transit,
and rail projects contained in SAFETEA would allow cash-strapped states
to implement high priority transportation projects immediately--at no
additional cost to the Federal Government. Since State and local
transportation officials have ready-to-go projects that simply cannot
move forward without untying the strings of the required match, our
legislation would waive the non-federal matching requirements of
SAFETEA through September 30, 2009.
I hope my colleagues will take a good look at our bill and support
this important legislation that will stimulate needed transportation
infrastructure investments all across the country.
______
By Mr. SPECTER (for himself and Mr. Casey):
S. 199. A -bill to establish the Steel Industry National Historic
Site in the State of Pennsylvania; to the Committee on Energy and
Natural Resources.
Mr. SPECTER. Mr President, I have sought recognition to introduce
legislation that will honor the importance of the steel industry in the
Commonwealth of Pennsylvania and the Nation by creating the ``Steel
Industry National Historic Site'' in southwestern Pennsylvania.
The importance of the steel industry to the development of the United
States cannot be overstated. A national historic site devoted to the
history of the steel industry will afford all Americans the opportunity
to celebrate this rich heritage, which is symbolic of the work ethic
endemic to this great Nation. The legislation offered today would
create a national historic site that would be affiliated with the
National Park Service. There is no better place to honor our Nation's
steel industry heritage than in southwestern Pennsylvania, which played
a significant role in early industrial America and continues today.
I have long supported efforts to preserve and enhance the historical
steel-related heritage through the Rivers of Steel National Heritage
Area, which includes the city of Pittsburgh, and seven southwestern
Pennsylvania counties: Allegheny, Armstrong, Fayette, Greene,
Washington, and Westmoreland. I have sought and been very pleased with
congressional support for the important work within the Rivers of Steel
Heritage Area. I have consistently advocated for increased funding to
support our National Heritage Areas and I am hopeful that this support
will continue. However, more than just resources are necessary to
ensure the historical recognition of this site and our steel heritage.
That is why I am introducing this legislation today.
It is important to note why Pennsylvania should be the home of the
national site that my legislation authorizes. The combination of a
strong workforce, valuable natural resources, and Pennsylvania's
strategic location in the heavily populated northeastern United States
allowed the steel industry to thrive in the 19th and 20th centuries.
Today, the remaining buildings and sites that were devoted to steel
production are threatened with deterioration. Many of these sites are
nationally significant and perfectly suited for the study and
interpretation of this crucial period in our Nation's development. Some
of these sites include the Carrie Furnace Complex, the Hot Metal
Bridge, and the United States Steel Homestead Works, which would all
become a part of the Steel Industry National Historic Site under my
legislation. As testimony of the area's historic significance, on
September 20, 2006, the Carrie Furnaces were designated as a National
Historic Landmark by the Secretary of the Interior.
Highlights of this proposed national historic site would commemorate
a wide range of accomplishments and topics for historical preservation
and interpretation, including industrial technology advancements and
milestones in labor-management relations. One of the sites that would
be included in the historic site would be the location of the Battle of
the Homestead, waged in 1892 between steelworkers and Pinkerton guards.
The Battle of the Homestead marked a pivotal moment in our Nation's
workers' rights movement. The Commonwealth of Pennsylvania,
individuals, and public and private entities have attempted to protect
and preserve resources such as the Homestead battleground and the Hot
Metal Bridge. For the benefit and inspiration of present and future
generations, it is time for the Federal Government to join this effort
to recognize their importance with the additional protection I provide
in this bill.
I commend my colleague, Representative Doyle, who has been a
longstanding leader in this preservation effort and who has sponsored
this legislation in the U.S. House of Representatives. I look forward
to working with officials in southwestern Pennsylvania and Mr. August
Carlino, president and chief executive officer of the Steel Industry
Heritage Corporation, to bring this national historic site designation
to fruition. I urge my colleagues to support this legislation.
Mr. President, 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. 199
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 ``Steel Industry National
Historic Site Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
steel industry of the United States.
(2) Certain buildings and other structures in the
Commonwealth of Pennsylvania are nationally significant
historical resources, including the United States Steel
Homestead Works, the Carrie Furnace complex, and the Hot
Metal Bridge.
(3) Despite substantial efforts for cultural preservation
and historical interpretation by the Commonwealth of
Pennsylvania and by individuals and public and private
entities in the Commonwealth, these buildings and other
structures may be lost without the assistance of the Federal
Government.
(b) Purposes.--The purposes of this Act are to ensure the
preservation, interpretation, visitor enjoyment, and
maintenance of the nationally significant historical and
cultural sites and structures described in subsection (a) for
the benefit and inspiration of present and future
generations.
SEC. 3. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA.
(a) Establishment.--The Steel Industry National Historic
Site is hereby established
[[Page S262]]
as a unit of the National Park System in the Commonwealth of
Pennsylvania.
(b) Description.--
(1) Inclusion of certain property.--Subject to paragraph
(2), the historic site shall consist of the following
properties, each of which relate to the former United States
Steel Homestead Works, as depicted on the map entitled
``Steel Industry National Historic Site'', dated November
2003, and numbered 80,000:
(A) The historic location of the Battle of Homestead site
in the borough of Munhall, Pennsylvania, consisting of
approximately 3 acres of land, including the pumphouse and
water tower and related structures, within the property
bounded by the Monongahela River, the CSX railroad,
Waterfront Drive, and the Damascus-Marcegaglia Steel Mill.
(B) The historic location of the Carrie Furnace complex in
the boroughs of Swissvale and Rankin, Pennsylvania,
consisting of approximately 35 acres of land, including blast
furnaces 6 and 7, the ore yard, the cast house, the blowing
engine house, the AC power house, and related structures,
within the property bounded by the proposed southwesterly
right-of-way line needed to accommodate the Mon/Fayette
Expressway and the relocated CSX railroad right-of-way, the
Monongahela River, and a property line drawn northeast to
southwest approximately 100 yards east of the AC power house.
(C) The historic location of the Hot Metal Bridge,
consisting of the Union railroad bridge and its approaches,
spanning the Monongahela River and connecting the mill sites
in the boroughs of Rankin and Munhall, Pennsylvania.
(2) Availability of map.--The map referred to in paragraph
(1) shall be available for public inspection in an
appropriate office of the National Park Service.
(c) Acquisition of Property.--To further the purposes of
this section, the Secretary of the Interior may acquire, only
by donation, property for inclusion in the historic site as
follows:
(1) Any land or interest in land with respect to the
property identified in subsection (b)(1).
(2) Up to 10 acres of land adjacent to or in the general
proximity of the property identified in such subsection, for
the development of visitor, administrative, museum,
curatorial, and maintenance facilities.
(3) Personal property associated with, and appropriate for,
the interpretation of the historic site.
(d) Private Property Protections.--Nothing in this Act
shall be construed--
(1) to require any private property owner to permit public
access (including Federal, State, or local government access)
to the private property; or
(2) to modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(e) Administration.--The Secretary of the Interior shall
administer the historic site in accordance with this Act and
the provisions of law generally applicable to units of the
National Park System, including the Act of August 25, 1916
(16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (16
U.S.C. 461 et seq.).
(f) Cooperative Agreements.--
(1) In general.--Until such time as the Secretary of the
Interior has acquired the property identified in subsection
(b)(1), as depicted on the map referred to in such
subsection, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution to further the purposes
of the historic site.
(2) Contrary purposes.--Any payment made by the Secretary
pursuant to a cooperative agreement under this subsection
shall be subject to an agreement that conversion, use, or
disposal of the project so assisted for purposes contrary to
the purpose of the historic site, as determined by the
Secretary, shall result in a right of the United States to
reimbursement of all funds made available to such a project
or the proportion of the increased value of the project
attributable to such funds as determined at the time of such
conversion, use, or disposal, whichever is greater.
(g) Technical Assistance.--The Secretary of the Interior
may provide technical assistance to any person for--
(1) the preservation of historic structures within the
historic site; and
(2) the maintenance of the natural and cultural landscape
of the historic site.
(h) General Management Plan.--
(1) Preparation.--Not later than three years after the date
on which funds are first made available to carry out this
Act, the Secretary of the Interior shall prepare a general
management plan for the historic site that will incorporate
or otherwise address substantive comments made during the
consultation required by paragraph (2).
(2) Consultation.--The Secretary shall prepare the general
management plan in consultation with--
(A) an appropriate official of each appropriate political
subdivision of the Commonwealth of Pennsylvania that has
jurisdiction over all or a portion of the lands included in
the historic site;
(B) an appropriate official of the Steel Industry Heritage
Corporation; and
(C) private property owners in the vicinity of the historic
site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a
copy of the plan to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives.
____________________