[Congressional Record Volume 155, Number 101 (Wednesday, July 8, 2009)]
[Senate]
[Pages S7263-S7268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KERRY (for himself and Mr. Hatch):
  S. 1409. A bill to expedite the adjudication of employer petitions 
for aliens with extraordinary artistic ability; to the Committee on the 
Judiciary.
  Mr. KERRY. Mr. President, one of the best ways that the U.S. can gain 
understanding and appreciation of other cultures is through the arts. 
Exposing children and adults alike to the creativity of other countries 
enriches our own artistic talents and helps bridge the gap between 
nations. It is for those reasons my colleague Senator Hatch and I have 
introduced the Arts Require Timely Service, ARTS, Act.
  This legislation helps streamline the visa process and waive fees so 
that foreign artists and musicians can share their talents in the U.S. 
Currently, the visa process for visiting artists is slow and costly, 
often times prohibiting artists from coming to the U.S. to share their 
talents. Breaking down these barriers is important and we shouldn't let 
the politics of immigration interfere with expanding our cultural 
horizons.
  I am proud to stand with Senator Hatch and the Performing Arts Visa 
Task Force to try and help artists visit our country and inspire our 
communities. I hope our colleagues will join us and pass this sensible 
reform to expedite cultural exchanges and artistic expression.
  Mr. HATCH. Mr. President, I rise to introduce with my colleague, 
Senator John Kerry, the Arts Require Timely Services, ARTS, Act.
  For some time, I have been working to improve the processing of visa 
petitions filed by nonprofit arts organizations. Unfortunately, years 
of delays, errors, and unpredictability have forced some U.S.-based 
nonprofit arts organizations from even trying to bring international 
artists into the United States. We must eliminate some of the 
bureaucratic barriers that have been negatively affecting performing 
artists.
  There is no doubt that nonprofit arts organizations across the 
country engage foreign guest artists in their orchestras, theatres, and 
dance and opera companies. In my home state of Utah, I am aware that 
many organizations that will benefit from passage of the ARTS Act, 
including Brigham Young University, Cache Valley Center for the Arts, 
The Orchestra of Southern Utah, University of Utah, Murray Symphony 
Orchestra, Salt Lake Symphony, and the Utah Shakespeare Festival, to 
name a few.
  The ARTS Act would apply only to temporary, nonimmigrant visas for 
foreign artists visiting the United States. The legislation would 
require U.S. Citizenship and Immigration Services to treat as a Premium 
Processing case, or a 15-day turn-around, free of additional charge, 
any nonprofit arts-related O- and P-visa petition that it fails to 
adjudicate within 30 days. In November 2007, the Congressional Budget 
Office issued a cost estimate for the ARTS Act, stating that the bill 
would have no significant cost to the Federal Government.
  It is my hope that my colleagues will support passage of this 
legislation in the near future.
      By Mr. REID (for Mr. Kennedy (for himself, Mr. Bingaman, Mr. 
        Sanders, Mr. Harkin, and Mr. Brown):
  S. 1410.--A bill to establish expanded learning time initiatives, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. KENNEDY. Mr. President, it is a privilege today to be introducing 
two bills to improve our schools and bring them into the 21st century. 
The Time for Innovation Matters in Education Act, S. 1410, or TIME Act, 
seeks to expand our 19th century school calendar to provide more time 
for learning across the curriculum. The Keeping Parents and Communities 
Engaged Act, S. 1411, or Keeping PACE Act, will encourage greater 
involvement of parents in their children's education, and engage 
community partners in supporting the comprehensive learning needs of 
students in school.
  These bills take different approaches, but both address critical 
challenges for our Nation's schools. By providing the time and 
resources for students to succeed, we can ensure that all students are 
equipped with the tools needed to be successful in the 21st century 
economy.
  As a result of the current 6 hours a day, 180 days a year schedule, 
American students spend about 30 percent less time in school than 
students in other leading nations. This gap hinders the ability of our 
students to compete with their peers around the globe who derive a 
significant advantage by having more time to learn what they need to 
know. About 1,000 U.S. schools are already tackling this problem on 
their own, and now it's time for the Federal Government to step up and 
help more students obtain the time in school they need.
  The TIME Act authorizes $350 million next year, increasing to up to 
$500 million in 2014, to support schools in expanding learning time by 
300 hours a year and redesigning their school day to meet the needs of 
students and teachers. The act promotes partnerships between schools 
and community-based organizations in expanding and redesigning the 
school schedule to give students a broader learning experience and 
encourage innovation. The goal of the act is not merely to encourage 
schools to add more time at the end of the day, but to take a close 
look at how they use their time and redesign the entire school schedule 
for the benefit of students' learning experiences.
  Studies document the difference an extra hour of school each day, a 
few more weeks of school each year, or additional time after or before 
school for tutoring can make to all students. According to these 
studies, the students for whom this time is most important for are the 
students we need to be focusing on--our neediest students. Students in 
disadvantaged families show a drop-off in learning over long summer 
recesses compared to their better-off classmates, and they fall farther 
behind each year. A 2007 study found that \2/3\ of the reading 
achievement gap between 9th graders of low and high socioeconomic 
standing in Baltimore public schools can be traced to what they 
learned, or failed to learn, during their summers.

[[Page S7264]]

  These students also are less likely to have parents with the time to 
help them with their school work. Expanded learning time can help these 
needy students catch up by shortening their summer recesses, providing 
more time for educators to support student learning, and giving schools 
the opportunity to provide these students with additional nutritious 
meals.
  In addition to those at risk of falling behind, more time for 
learning helps students who are on grade level get ahead, by providing 
greater time for enrichment and a broader curriculum. Additional time 
also enables more students to participate in experiential and 
interactive learning, in service learning opportunities in their 
schools and communities, and in internships, all of which help keep 
students engaged in school and make school more relevant.
  For additional time to be used most effectively, it must also work 
for teachers. The act encourages the use of this time for greater 
teacher planning and collaboration across grades and subjects, so that 
teachers can work together to help their students. Today's elementary 
school teachers spend less than 10 percent of their time planning 
lessons and preparing for classes--compared to over 40 percent for 
their Asian counterparts. Just as it does for students, time matters 
for teachers, by helping them to help their students more effectively.
  To assess the difference these programs will make, the TIME Act calls 
for a comprehensive evaluation of the programs it supports. We're still 
in the learning stages of expanded learning time. It is intuitive that 
time matters, but we're still learning what practices work best--for 
teachers, for students, and for schools. This evaluation will ensure 
that we will learn as much as possible about what works, and that the 
Department of Education will be able to do a better job of sharing best 
practices nationwide in supporting these initiatives.
  Expanded learning is an idea whose time has come, thanks in large 
part to the leadership of Massachusetts. As John Adams wrote in the 
Massachusetts Constitution in 1780, the education of the people is 
``necessary for the preservation of their rights and liberties.'' Ever 
since, Massachusetts has been ahead of the curve in education reform. 
In recent years, the Commonwealth has developed a significant expanded 
learning time initiative that enables schools to offer 300 additional 
hours of instruction during the school year, allocated as each school 
chooses. The initiative began with 10 schools in 2006. Twenty-six 
schools are now participating, and more than 40 are now planning to 
participate.
  At the Edwards Middle School in Boston's Charlestown neighborhood, 
additional time has made a difference. The percentage of students 
scoring ``proficient'' on math tests rose almost thirteen points during 
its first year with expanded school hours, and the school is also 
offering a wide array of extracurricular activities, including Latin 
American Dance, Musical Theater, and valuable apprenticeship 
opportunities.
  We know that many schools and districts around the country are 
seeking better ways to strengthen the support they offer parents and to 
deepen their connection with their communities. The No Child Left 
Behind Law includes requirements to develop parent-involvement policies 
and programs, release school report cards, and engage parents and 
community representatives to construct plans to improve struggling 
schools. The Keeping PACE Act builds on these activities to support 
schools in making parents and the community full partners in the 
education of their children.
  Parents are their children's first teachers, and they have immense 
influence over their children's attitudes, focus, priorities and goals. 
Well-informed parents are more likely to be involved, to ask questions, 
to suggest constructive changes and to make a difference in their 
child's education. They deserve to know what their children are 
learning and being tested on, what their children's grades and 
assessment scores mean, and how assessment data can be used to improve 
learning. Informed and engaged parents can help turn around struggling 
schools.

  Educators have long recognized this fact, based on their own 
experience and abundant research. Unfortunately, a series of reports by 
Appleseed make clear schools and districts continue to face too many 
challenges that undermine the effort to achieve parental involvement. 
Parents may feel intimidated by language or cultural barriers, or have 
difficulty understanding their role as an advocate for their children. 
Parents too often find that the information provided by schools and 
districts is not released in a timely manner, is not clear and student-
specific, and uses technical terms that are unfamiliar. Poor 
communication also often obscures the school-choice and supplemental-
services options for parents under the No Child Left Behind Act.
  Heather Weiss, the director of the Harvard Family Research Project, 
emphasizes that with the conclusive evidence now available, the time 
has come for action. As she states, ``The question we must ask is, in 
addition to quality schools, what non-school learning resources should 
we invest in and scale up to improve educational outcomes, narrow 
achievement gaps, and equip our children with the knowledge and skills 
needed to succeed in the complex and global 21st century?''
  To encourage greater parent involvement, this bill amends the 
Elementary and Secondary Education Act to enable States to award grants 
to local education agencies to assist schools in hiring and maintaining 
Parent and Community Outreach Coordinators. These coordinators will 
build vital partnerships among families, schools, and the community. 
They'll work with school principals, teachers, and staff to encourage 
parents to become more involved in their child's education and give 
them the tools necessary to become successful advocates for their 
children. Instead of giving teachers, counselors, and principals more 
to do, every school should have a resource they can turn to for help 
with identifying student needs and using community resources to help 
all students succeed.
  Educational research also shows that students flourish in 
environments in which learning is a community value and in which 
schools have the ability to address a broad range of student needs. 
Many school districts have established full-service community schools 
that directly involve parents, families, and the entire community in 
education. These schools use integrated services to students to help 
meet multiple local needs in areas such as education, health, social 
services, and recreation. President Obama has recognized the power of 
these schools, by often citing the extraordinary success of the Harlem 
Children's Zone and using it as a model for his Promise Neighborhoods 
proposal.
  Responding to this research and to success stories from around the 
nation, the Keeping PACE Act will help school districts do more to 
increase community involvement in schools, provide a wide range of 
support and services to children, and make schools the center of their 
neighborhood. The Keeping PACE Act supports incentives for local 
education agencies to coordinate with mayors, community-based 
organizations, for-profit entities, and other local partners to re-
design and modernize their current school plans and facilities to link 
students more effectively with existing resources.
  Improved coordination among parents, schools, and their communities 
can create networks that enable and empower students to take advantage 
of many more opportunities to learn, and by doing so, we will uncover 
innovations to help all schools.
  As with the TIME Act, establishing this network will benefit not only 
students who need the greatest help with their learning, or who are at 
risk of dropping out, but also those who need more challenging 
schoolwork to keep them engaged and making progress.
  Yet again, Massachusetts is leading the way. A current Massachusetts 
pilot initiative has placed 32 full-time family and community outreach 
coordinators in Boston public schools. These coordinators are 
responsible for supporting families, teachers, and the community in a 
common effort to help students academically and socially, and their 
efforts have been successful.
  For example, the Family and Community Outreach Coordinator at the 
Condon School in Boston has offered workshops for parents on middle 
school transition and math curriculum and coordinated parent 
participation on an

[[Page S7265]]

anti-bullying initiative at the school, called the School Climate 
Committee. The Coordinator has helped teachers and parents make 
connections for parent-teacher conferences, bringing in over 200 
parents to participate in a fall open house, in which some of the 
teachers have reported contact with over 80 percent of their students' 
families. The Coordinator has also inspired donations to the school 
through the generosity of local businesses.
  Now is the time for the nation as a whole to make a greater effort on 
expanded learning and parent and community involvement. These two bills 
constitute a strong commitment to meet the comprehensive learning needs 
of children and families, guarantee a role for parents and families in 
local schools, and provide real hope to students most at-risk of 
dropping out. Addressing these challenges is essential to the future 
and prosperity of our nation as a whole.
  We know the dimensions of the problem we face. Today, 65 percent of 
12th graders do not read on grade level, and 1.2 million students who 
enter the ninth grade fail to receive a high school diploma four years 
later. We can no longer afford to pay this high price, either in terms 
of lost human potential or national productivity. These bills will help 
millions of young people reach their potential, and help make our 
education system the best in the world once again.
  The Keeping PACE Act is supported by 40 organizations representing 
education communities. Mr. President, I ask unanimous consent that 
their joint letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    June 19, 2009.
       Dear Senator Kennedy: The 40 undersigned organizations 
     support the Keeping Parents and Communities Engaged (PACE) 
     Act. We commend you for your sponsorship and look forward to 
     working together to include Keeping PACE in the 
     reauthorization of the Elementary and Secondary Education 
     Act.
       The Keeping PACE Act creates incentives and structure for 
     schools and communities to work together to support students 
     through coordinated, comprehensive, and targeted approaches 
     to meet the needs of students in school and outside school. 
     We're confident that this approach, supported by extensive 
     research, will lead to greater academic improvement and 
     future success for our young people.
       The legislation achieves these goals through a series of 
     voluntary programs that will be supported by federal grants. 
     Resources will be available to support parent and community 
     outreach coordinators to assist schools in engaging with the 
     community and achieving greater parental involvement. The 
     bill also will connect students to community resources and 
     comprehensive support services, so that effective community 
     organizations and others can provide students with support 
     outside the classroom to promote academic achievement. In 
     addition, resources will be provided to schools as centers of 
     communities, in order to expand the community school 
     movement.
       Extensive research and experience support the 
     implementation of each of these three approaches. Through 
     this approach, we believe that schools and communities will 
     be able to provide the services needed by students, 
     particularly those who are disadvantaged. We commend you for 
     introducing this legislation and we look forward to working 
     together to enact it.
           Sincerely,
         Communities In Schools; American Association of School 
           Administrators; American Association of University 
           Women; American Federation of Teachers; American Humane 
           Association; America's Promise Alliance; Association 
           for Supervision and Curriculum Development; Boys & 
           Girls Clubs of America; Big Brothers Big Sisters of 
           America; Center for American Progress.
         Center for Parent Leadership/Commonwealth Institute for 
           Parent Leadership; Chicago Public Schools; Children's 
           Aid Society; Citizen Schools; City Year; Coalition for 
           Community Schools; Family Connection of Easton; First 
           Focus; I Have A Dream Foundation; Massachusetts Parent 
           Information & Resource Center.
         Mentor; National Alliance of Black School Educators; 
           National Association of Elementary School Principals; 
           National Association of School Psychologists; National 
           Association of Secondary School Principals; National 
           Association of State Boards of Education; National 
           Association of State Directors of Special Education; 
           National Collaboration for Youth; National Coalition 
           for Parent Involvement in Education.
         National Education Association; National Youth Leadership 
           Council; PACER; Parent Teacher Association; Parent 
           Institute for Quality Education; Public Education 
           Network; The Forum for Youth Investment; The National 
           Coalition of ESEA Title I Parents--Region VII; Save the 
           Children; United Way; Youth Service America.
                                 ______
                                 
      By Mr. KERRY (for himself and Mr. Kennedy):
  S. 1413. A bill to amend the Adams National Historical Park Act of 
1998 to include the Quincy Homestead within the boundary of the Adams 
National Historical Park, and for other purposes, to the Committee on 
Energy and Natural Resources.
  Mr. KERRY. Mr. President, today I am introducing legislation that 
will designate Quincy Homestead, a local and national treasure, within 
the boundary of the Adams National Historic Park. The Quincy Homestead, 
located in Quincy, MA, was constructed in 1686 by Edmund Quincy II and 
was called home by five generations of Quincys and is an important 
historical site for Massachusetts and the nation. It housed great 
Americans such as President John Quincy Adams, Oliver Wendell Holmes, 
and Dorothy Quincy Hancock, the first First Lady of Massachusetts. In 
the years leading up to the American Revolution, it also served as a 
meeting place for renowned American patriots including President John 
Adams, Josiah Quincy, and John Hancock.
  In addition to its historical significance the Homestead is also a 
pristine example of American architecture and represents its evolution 
over three hundred years. The Quincy Homestead was designated a 
National Historic Landmark in 2005.
  While a lot of passion and hard work has gone into the preservation 
and operation of this property, there is more to be done to enhance 
these efforts and to realize the full potential of this property. 
Adding Quincy Homestead to the Adams National Park will advance 
opportunities for educational and recreational activities at the 
Homestead and allow greater public access to its rich historic and 
architectural traditions. I believe this piece of legislation will help 
the citizens of Massachusetts and the American people to take much 
fuller advantage of this stunning, national landmark. I ask all my 
colleagues to support this legislation.
                                 ______
                                 
      By Mrs. McCASKILL: 
  S. 1414. A bill to confer upon the United States Court of Federal 
Claims jurisdiction to hear, determine, and render final judgment on 
any legal or equitable claim against the United States to receive just 
compensation for the taking of certain lands in the State of Missouri, 
and for other purposes; to the Committee on the Judiciary.
  Mrs. McCASKILL. Mr. President, today I am here to talk about a simple 
bill that would correct a serious injustice.
  In 1992, land belonging to over 100 south St. Louis County homeowners 
was converted into a recreational trail under the National Trails 
System Act, which allows rights-of-way abandoned by railroads to be 
made into trails. I have nothing against the National Trails System 
Act. It is a good program; it improves communities and preserves 
rights-of-way. In 1990, the Supreme Court upheld the program as a 
rightful use of eminent domain, but made it absolutely clear that, in 
accordance with the Fifth Amendment, property owners must be justly 
compensated for their losses. Only this did not happen in the case of 
my constituents back in Missouri. These homeowners--modest, hardworking 
people--were never compensated for the loss of their land.
  These Missouri homeowners did everything right. First, in December 
1998, they filed their claim. Federal Judge Bruggink ruled the claim to 
be filed in timely manner, and the Department of Justice later agreed. 
Then, on two separate occasions, Judge Bruggink ruled that the federal 
government was liable for taking the Missouri homeowners' land. After 6 
years of litigation, the Department of Justice finally agreed on the 
amount of just compensation owed to each homeowner. On December 17, 
2004, Judge Bruggink found the settlement to be fair and prepared to 
enter a final order. However, just days before Judge Bruggink was to 
issue the final order, a separate court--considering an unrelated 
case--changed the rule on how to calculate the 6-year

[[Page S7266]]

statute of limitations in which property owners have to file a claim 
for compensation.
  This new rule determined that the clock on the statute of limitations 
starts to run at the time negotiations for a possible trail begin, 
instead of when a trail is actually established. Frankly, this is a 
little ridiculous because the negotiations are between the railroad 
company and the trail operator, not the actual property owners who must 
file the claim. Frequently property owners are not even notified of the 
negotiations until a trail is established! In the Missouri homeowners' 
case, negotiations began in March 1992, 6 years and 9 months before 
they filed their claim. Under the new rule, they filed their claim 9 
months too late. As a result, the Court of Claims no longer had 
jurisdiction to approve the settlement and Judge Bruggink was forced to 
dismiss the case. To this day the government is still using these 
citizens' land for a recreational trail, the Grant's Trail, but the 
citizens have never been extended their constitutional right to just 
compensation.
  Today, along with my distinguished colleague from Missouri, Senator 
Bond, I am introducing legislation to correct this injustice. The Fair 
Compensation Act of 2009 would simply confer jurisdiction upon the U.S. 
Court of Federal Claims to hear the Missouri homeowners' claim. We are 
doing this for people like Gale and Sarah Illig, a retired couple who 
had a 50-foot wide strip of land taken from their yard. Then there is 
Betty Mea Steinhans, who lived in her home for 51 years. The 
recreational trail took out a sizable chunk of Betty's prized garden. A 
government appraiser and the DOJ determined that the Federal Government 
owed Betty $31,000. That is almost 25 percent of the value of her home! 
These Missourians, and dozens like them, have worked hard to purchase 
their homes, and they will likely rely on their home's value to provide 
for them into retirement. They deserve their day in court.
  Let me make this clear: our legislation does not award a monetary 
amount to Missouri landowners. While I certainly think the homeowners 
are entitled to just compensation, that is not Congress' decision. It 
is the Court of Federal Claim's job to make that decision. This 
legislation would only allow the Court the opportunity to hear this 
case on its merits and would not require any additional appropriations 
from Congress.
  Congress has the authority to enact special jurisdiction legislation; 
we have exercised it multiple times and the Supreme Court has upheld 
this right. In the late 1800s, Congress used it to give the Court of 
Federal Claims jurisdiction to hear the case of a businessman who had 
several hundred bales of cotton captured by General Sherman during the 
Civil War. More recently, Congress used it to give the Court 
jurisdiction to hear the case of the Pueblo of Isleta Indian Tribe, who 
had a sizable portion of their land taken by the Federal Government.
  I want to thank Senator Whitehouse and his staff for working with us 
to draft this legislation. I will continue to work with the Judiciary 
Committee on this issue, and I urge them to give this important 
legislation the consideration it deserves. I am confident that Congress 
will do what is right, and allow these hardworking Missouri homeowners 
their day in court.
                                 ______
                                 
      By Mr. UDALL of Colorado:
  S. 1417. A bill to amend the Reclamation Projects Authorization and 
Adjustment Act of 1992 to require the Secretary of the Interior, acting 
through the Bureau of Reclamation, to remedy problems caused by a 
collapsed drainage tunnel in Leadville, Colorado, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Leadville Mine Drainage Tunnel Remediation Act of 2009. This bill is 
the same as a bill introduced in the last Congress by my colleague 
Representative Doug Lamborn. I was proud to cosponsor that bill in the 
last Congress, which passed the House of Representative but was not 
taken up in the Senate, and I am pleased to introduce it today.
  The Leadville Mine Drainage Tunnel Remediation Act addresses concerns 
regarding a mine tunnel in Leadville, Colorado. In 2008, a blockage 
formed in the tunnel that backed up a large volume of water, thereby 
creating a potential safety hazard to the community in the event of a 
catastrophic failure. While taking actions to address the immediate 
threat, questions arose as to whether the Bureau of Reclamation, which 
owns the tunnel, has the authority to help implement a number of 
remedies to reduce this threat and clean up additional contaminated 
water from the tunnel. My bill would clarify that the Bureau of 
Reclamation has the authority to treat water in the tunnel and is 
responsible for maintaining it in order to reduce future threats to the 
community.
  The Leadville Mine Drainage Tunnel was originally constructed by the 
federal Bureau of Mines in the 1940s and 1950s to facilitate the 
extraction of lead and zinc ore for World War II and Korean War 
efforts. The Bureau of Reclamation acquired the tunnel in 1959, hoping 
to use it as a source of water for the Fryingpan-Arkansas Project, a 
water diversion project in the Fryingpan and Arkansas River Basins. 
Although the tunnel was never used for the Fryingpan-Arkansas Project, 
water that flows out of the tunnel is considered part of the natural 
flow of the Arkansas River. With the passage and subsequent signing 
into law of H.R. 429 during the 102nd Congress, the Bureau of 
Reclamation constructed and continues to operate a water treatment 
plant at the mouth of the tunnel.
  Groundwater levels at the tunnel have fluctuated in recent years. The 
2008 collapse in the tunnel increased the tunnel's mine pool 
significantly, leading to new seeps and springs in the area. Estimates 
suggest that up to 1 billion gallons of water may have built up behind 
the blockage within the mine pool.
  In November 2007, the U.S. Environmental Protection Agency, EPA, sent 
a letter to the Bureau of Reclamation expressing concerns over a 
catastrophic blowout as a result of the built up water, and, in 
February 2008, the Lake County Commissioners declared a state of 
emergency. The Bureau of Reclamation developed a risk assessment in the 
area, and the EPA and the Bureau of Reclamation performed some 
emergency measures to relieve water pressure in the area.
  While this emergency work was important, the long-term need to 
rehabilitate and maintain the tunnel remains an open question. There 
has been general agreement on what needs to be done; namely, plugging 
the tunnel, drilling a well behind the plug, and then pumping the water 
out so it can be piped to the Bureau of Reclamation's existing 
treatment plant. However, it remains unclear as to whether the Bureau 
of Reclamation has the authority to help solve the problem by treating 
the water that the EPA plans to pump from behind the blockage.
  In short, we found there is not only a physical blockage, but also a 
legal blockage that has prevented the Bureau of Reclamation, the EPA 
and the State of Colorado from reaching an agreement on a long-term 
solution. This legislation will clear out the legal blockage by 
allowing the Bureau of Reclamation and the EPA to collaboratively 
implement the proposed remedy and address the unsafe mine pool in the 
tunnel.
  Specifically, the bill does three things:
  First, it clarifies that the Bureau of Reclamation has the authority 
to treat water pooling up behind the blockage. Currently, the Bureau 
has authority to treat ``historic releases,'' which could include water 
behind the tunnel blockage, but Bureau of Reclamation officials are 
uncertain. In response, this bill eliminates the ``historic release'' 
language and clarifies that the Bureau of Reclamation can treat the 
blocked water in the tunnel.
  Second, the bill authorizes and directs the Bureau of Reclamation to 
participate with the EPA on the remedy established under Superfund for 
the tunnel. The bill also maintains that the Bureau of Reclamation is 
not liable for the Superfund site cleanup in Leadville. Nevertheless, 
since remediation activities will occur within the Superfund site, the 
Bureau of Reclamation has been reluctant to implement this remedy. The 
Bureau of Reclamation does not want to assume any Superfund liability 
and does not read current law as allowing participation

[[Page S7267]]

with the EPA on the long-term remedy. The bill clarifies that the 
Bureau of Reclamation not only has the authority to implement the long-
term solution at the Superfund site, but that it will be required to 
join the EPA in implementing it.
  Third, the bill clarifies that the Bureau of Reclamation is required 
to maintain the structural integrity of the tunnel to minimize the 
chance of another blockage within the tunnel.
  The bill also authorizes any funding that might be necessary for the 
Bureau of Reclamation to perform its clarified responsibilities under 
this bill.
  By clearing up the legal blockage, the bill will help create a 
collaborative working relationship between the Bureau of Reclamation, 
the EPA and the State of Colorado to solve this problem for the long-
term benefit of Colorado.
  I look forward to working with the rest of the Colorado Congressional 
delegation on this legislation and on moving quickly to address 
concerns with the Leadville Mine Drainage Tunnel.
  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. 1417

       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 ``Leadville Mine Drainage 
     Tunnel Remediation Act of 2009''.

     SEC. 2. TUNNEL MAINTENANCE.

       Section 705 of the Reclamation Projects Authorization and 
     Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) 
     is amended to read as follows:

     ``SEC. 705. TUNNEL MAINTENANCE.

       ``The Secretary shall take such steps to repair or maintain 
     the structural integrity of the Leadville Mine Drainage 
     Tunnel as are necessary to prevent Tunnel failure and to 
     preclude uncontrolled release of water from any portion of 
     the Tunnel.''.

     SEC. 3. WATER QUALITY RESTORATION.

       (a) In General.--Section 708(a) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4657) is amended--
       (1) by striking ``(a) The Secretary'' and inserting the 
     following:
       ``(a) In General.--
       ``(1) Authorization.--The Secretary'';.
       (2) by striking ``Neither'' and inserting the following:
       ``(2) Liability.--Neither'';
       (3) by striking ``The Secretary shall have'' and inserting 
     the following:
       ``(3) Facilities covered under other laws.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall have'';
       (4) by inserting after ``Recovery Act.'' the following:
       ``(B) California gulch superfund site operable unit 6 
     remedy.--The Secretary shall participate in the 
     implementation of the operable unit 6 remedy for the 
     California Gulch Superfund Site, as the remedy is described 
     in the Record of Decision of the Environmental Protection 
     Agency for the operable unit (2003), by--
       ``(i) treating water behind any blockage or bulkhead in the 
     Leadville Mine Drainage Tunnel, including surface water 
     diverted into the  Tunnel workings as part of the remedy; and
       ``(ii) managing and maintaining the mine pool behind the 
     blockage or bulkhead at a level that precludes surface runoff 
     and releases and minimizes the potential for Tunnel failure 
     due to excessive water pressure in the Tunnel.''; and
       (5) by striking ``For the purpose of'' and inserting the 
     following:
       ``(4) Definition of upper arkansas river basin.--In''.
       (b) Authorization of Approprations.--Section 708(f) of the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (Public Law 102-575; 106 Stat. 4657) is amended by striking 
     ``sections 707 and 708'' and inserting ``this section and 
     sections 705 and 707''.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself and Mr. Bennet):
  S. 1418. A bill to direct the Secretary of the Interior to carry out 
a study to determine the suitability and feasibility of establishing 
Camp Hale as a unit of the National Park System; to the Committee on 
Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the Camp 
Hale Study Act of 2009. This is a companion bill to the one my Colorado 
colleague, Rep. Doug Lamborn, has introduced in the House of 
Representatives, H.R. 2330.
  This bill was first introduced by Rep. Lamborn in the last Congress 
and I was proud to cosponsor that bill. The bill passed the House of 
Representatives last session, but was not taken up by the Senate. H.R. 
2330 has passed the House of Representatives in this Congress and I 
hope that the Senate can do the same.
  I am again pleased to join my colleague Representative Lamborn in 
reintroducing this bill. It concerns an important military legacy from 
the WWII era. Camp Hale, located in the mountains of central Colorado, 
was a facility that trained a number of soldiers for combat in high 
alpine and mountainous conditions. Principally, it was a training venue 
for the Army's 10th Mountain Division and other elements of the U.S. 
Armed Forces. The geography of the area was ideal for winter and high-
altitude training, with steep mountains surrounding a level valley 
suitable for housing and other facilities. The camp itself was located 
in Eagle County along the Eagle River, and its training boundary 
included lands in Eagle, Summit, Lake, and Pitkin Counties.
  In addition to the 10th Mountain Division, the 38th Regimental Combat 
Team, 99th Infantry Battalion, and soldiers from Fort Carson were 
trained at Camp Hale from 1942 to 1965. Throughout this time, the Army 
tested a variety of weapons and equipment at Camp Hale.
  Between 1956 and 1965, the camp was also used by the Central 
Intelligence Agency as a secret center for training Tibetan refugees in 
guerilla warfare to resist the Chinese occupation of their mountainous 
country.
  In July 1965, Camp Hale was deactivated and control of the lands was 
returned to the Forest Service in 1966. Today the camp is part of the 
White River and San Isabel National Forests. The U.S. Army Corps of 
Engineers is working to clean up potentially hazardous munitions left 
over from weapons testing at the camp, particularly in the East Fork.
  Camp Hale was placed on the National Register of Historic Places in 
1992. The bill I am introducing today would direct the Secretary of the 
Interior to study the feasibility and suitability of establishing Camp 
Hale, near Leadville, CO, as a national historic district.
  Specifically, the bill directs the Secretary of the Interior, acting 
through the Director of the National Park Service, to complete a 
special resource study of Camp Hale to determine the suitability and 
feasibility of designating Camp Hale as a separate unit of the National 
Park System, and also to consider other Federal, State, local, private 
or nonprofit means of protecting and interpreting the site. That would 
include an analysis of the significance of Camp Hale in relation to the 
defense of our Nation during World War II and the Cold War, including 
the use of Camp Hale for training of the 10th Mountain Division and 
other elements of the United States Armed Forces; and use of Camp Hale 
for training by the Central Intelligence Agency of Tibetan refugees 
seeking to resist the Chinese occupation of Tibet.
  The study would also examine the opportunities for public enjoyment 
of the site, any operational, management, and private property issues 
that need to be considered if Camp Hale were to be added to the 
National Park System, the feasibility of administering Camp Hale as a 
unit of the National Park System considering its size, configuration, 
ownership, costs, and other factors, and the adequacy of other 
alternatives for management and resource protection of Camp Hale and 
for appropriately commemorating the role of Camp Hale in connection 
with training of United States troops and assistance to Tibetans 
opposed to the occupation of Tibet.
  The bill also contains language ensuring that existing private 
property rights are not affected by this study, including water rights. 
The bill in this Congress contains a small change from the last bill in 
that it makes clear that the bill does not affect the ability to 
construct needed water infrastructure in the area subject to the study.
  Camp Hale is an important part of our nation's proud national defense 
legacy and it deserves to be recognized and protected. The people who 
trained there are proud of their accomplishments and I am proud to join 
Representative Lamborn in supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S7268]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1418

       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 ``Camp Hale Study Act''.

     SEC. 2. SPECIAL RESOURCE STUDY OF THE SUITABILITY AND 
                   FEASIBILITY OF ESTABLISHING CAMP HALE AS A UNIT 
                   OF THE NATIONAL PARK SYSTEM.

       (a) In General.--The Secretary of the Interior, acting 
     through the Director of the National Park Service, 
     (hereinafter referred to as the ``Secretary'') shall complete 
     a special resource study of Camp Hale to determine--
       (1) the suitability and feasibility of designating Camp 
     Hale as a separate unit of the National Park System; and
       (2) the methods and means for the protection and 
     interpretation of Camp Hale by the National Park Service, 
     other Federal, State, or local government entities or private 
     or nonprofit organizations.
       (b) Study Requirements.--The Secretary shall conduct the 
     study in accordance with section 8(c) of Public Law 91-383 
     (16 U.S.C. 1a-5(c)).
       (c) Report.--Not later than 3 years after the date on which 
     funds are made available to carry out this Act, the Secretary 
     shall submit to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report containing--
       (1) the results of the study; and
       (2) any recommendations of the Secretary.

     SEC. 3. EFFECT OF STUDY.

       Nothing in this Act shall affect valid existing rights or 
     the exercise of such rights, including--
       (1) all interstate water compacts in existence on the date 
     of the enactment of this Act (including full development of 
     any apportionment made in accordance with the compacts);
       (2) water rights decreed at the Camp Hale site or flowing 
     within, below, or through the Camp Hale site;
       (3) water rights in the State of Colorado;
       (4) water rights held by the United States;
       (5) the management and operation of any reservoir, 
     including the storage, management, release, or transportation 
     of water; and
       (6) the ability, subject to compliance with lawful existing 
     local, State, and Federal regulatory requirements, to 
     construct and operate that infrastructure determined 
     necessary by those with decreed water rights to develop and 
     place to beneficial use such rights.

                          ____________________