[Congressional Record Volume 155, Number 135 (Wednesday, September 23, 2009)]
[House]
[Pages H9840-H9842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1315
  PROVIDING FOR CONSIDERATION OF H.R. 324, SANTA CRUZ VALLEY NATIONAL 
                           HERITAGE AREA ACT

  Mr. CARDOZA. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 760 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 760

       Resolved, That upon the adoption of this resolution it 
     shall be in order to consider in the House the bill (H.R. 
     324) to establish the Santa Cruz Valley national Heritage 
     Area, and for other purposes. All points of order against 
     consideration of the bill are waived except those arising 
     under clause 9 or 10 of rule XXI. The amendment printed in 
     the report of the Committee on Rules accompanying this 
     resolution shall be considered as adopted. The bill, as 
     amended, shall be considered as read. All points of order 
     against provisions in the bill, as amended, are waived. The 
     previous question shall be considered as ordered on the bill, 
     as amended, to final passage without intervening motion 
     except: (1) one hour of debate equally divided and controlled 
     by the chair and ranking minority member of the Committee on 
     Natural Resources; and (2) one motion to recommit with or 
     without instructions.

  The SPEAKER pro tempore. The gentleman from California is recognized 
for 1 hour.
  Mr. CARDOZA. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentlewoman from North Carolina (Ms. Foxx). 
All time yielded during consideration of the rule is for debate only.


                             General Leave

  Mr. CARDOZA. I ask unanimous consent that all Members have 5 
legislative days within which to revise and extend their remarks on 
House Resolution 760.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. CARDOZA. Mr. Speaker, I yield myself as much time as I may 
consume.
  House Resolution 760 provides for the consideration of House 
Resolution 324, the Santa Cruz Valley National Heritage Area Act. The 
rule provides 1 hour of general debate, equally divided and controlled 
by the chairman and ranking minority member of the Committee on Natural 
Resources. The rule waives all points of order against consideration of 
the bill, except for clause 9 and clause 10 of rule XXI. Mr. Speaker, 
the rule also provides for the adoption of an amendment printed in the 
Rules Committee report to clarify that the bill does not in any way 
modify, alter or amend any border enforcement authority. Finally, the 
rule provides one motion to recommit with or without instructions.
  Mr. Speaker, the bill before us today, H.R. 324, designates the Santa 
Cruz Valley region of southern Arizona as a National Heritage Area. The 
Santa Cruz Valley is one of America's longest inhabited regions, with 
traces of human occupation extending back more than 12,000 years. The 
region was at the center of centuries of Native American cultural 
history. It also served as a corridor of Spanish exploration, 
colonization, missionary activity, as well as a frontier of Mexican and 
early American mining, ranching and agriculture.
  The heritage area includes two national parks, two national historic 
trails, four State parks, six county parks, four major lakes, two 
designated scenic highways, and hundreds of miles of back-country 
trails and urban bikeways. It also includes 32 museums, 28 districts, 
102 individual buildings listed on the National Register of Historic 
Places, as well as dozens of prehistoric and historic archaeological 
sites. A July 2005 study by the Center for Desert Archaeology, on which 
the bill is based, examined the many resources in the region. The 
National Park Service reviewed the study and found that the area meets 
the 10 criteria for proposed heritage areas.
  Designating the Santa Cruz Valley as a heritage area allows the Park 
Service to support the State and local conservation efforts through 
Federal recognition, seed money and technical assistance. This simply 
means that local groups will have the resources they need to educate 
the public about the historic, cultural and natural value of the area.
  I would like to commend my good friends, the gentleman from Arizona 
(Mr. Grijalva) and the gentlewoman from Arizona (Ms. Giffords), for 
bringing this legislation to the floor today so that we can ensure that 
America's history and natural wonderment is protected for future 
generations.
  I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield myself as much time as I may consume.
  I rise today to urge my colleagues to vote against the rule for the 
bill H.R. 324, the Santa Cruz Valley National Heritage Area Act, a bill 
that has already failed when it was offered under suspension earlier 
this month.
  It disappoints me to have to come here and urge opposition to this 
rule for a bill offered by my colleague Congressman Grijalva. However, 
there are many reasons to oppose this bill coming to the floor. The 
bill failed by a vote of 249-145 just 2 weeks ago. It is a

[[Page H9841]]

waste of our constituents' time to bring this bill forward again under 
a rule and take up legislative time to debate something that has 
already been voted down, especially since the bill did not go through 
the committee.
  I also learned yesterday in the Rules Committee that this bill was a 
part of S. 22, the Omnibus Public Land Management Act of 2009, but it 
was taken out by the Senate, which is not a good omen for the bill when 
it goes to the Senate.
  When I was in North Carolina over the August recess, my constituents 
expressed many concerns with Congress in what's going on in Washington. 
The Democrats in charge are not allowing us to accomplish the work that 
our constituents elected us to do. Instead, this Congress is borrowing 
and spending money that we do not have at a rate our country has never 
seen. While our constituents at home are tightening their belts and 
struggling to find ways to put food on their kitchen tables, Congress 
is blindly writing checks for unnecessary measures that do nothing but 
increase the size of the Federal Government and put our country in debt 
to foreign nations.
  This bill authorizes another $15 million in taxpayer dollars to seize 
3,325 square miles of land for control by the Federal Government, some 
of which is private property. The designation in this bill could lead 
to restrictive Federal zoning and land use planning that usurps private 
property rights and blocks necessary energy development. National 
Heritage Areas are comprised of both public and private lands and are 
administered by a central managing entity, which includes the Federal 
Government and Federal funds. The managing entity has the power to 
regulate zoning and place other restrictions across local government 
jurisdictions. This means Federal management plans can restrict our 
residential and commercial property owners to make use of their private 
property without any notice or warning.
  The National Park Service currently has billions of dollars in 
maintenance backlogs. Earlier this year, Congress passed S. 22, the 
Omnibus Public Land Management Act of 2009. It created 10 new National 
Heritage Areas at a cost of $103.5 million. The Santa Cruz Valley 
National Heritage Area Act locks up even more land, infringes on more 
private property rights, and spends more taxpayer dollars to add yet 
another heritage area to a system already overburdened.
  Furthermore, the proposed 3,325-square-mile heritage area in Arizona 
is located in the most heavily trafficked drug and human trafficking 
area along the U.S. border. The U.S. Border Patrol already experiences 
major difficulties and obstacles patrolling Federal lands. Designating 
this heritage area along the border would add even more complications 
to their ability to prevent illegal drug trafficking and crossings. 
Creating more obstacles for the U.S. Border Patrol is detrimental to 
our ability to get illegal immigration and drug trafficking under 
control and represents irresponsible governing.
  Mr. Speaker, the U.S. national debt stands at $11.8 trillion and 
counting. The nonpartisan Congressional Budget Office has predicted 
that huge deficits under the Obama administration's annual budget would 
force our Nation to borrow nearly $9.3 trillion over the next decade. 
This year's deficit alone is expected to soar past $1.8 trillion. We 
borrow 50 cents for every dollar we spend. The time to rein in Federal 
spending is long overdue. Voting down this rule will take one small 
step in harnessing the Federal Government's spending as well as the 
Federal Government's increasing control of private land. This Pelosi-
controlled Congress seems intent on putting the government in control 
of every aspect of our lives--education, health care and private 
property.
  Again, Mr. Speaker, I urge a ``no'' vote on the rule and on the bill.
  Having no further speakers, I yield back the balance of my time.
  Mr. CARDOZA. Mr. Speaker, I would like to say in response and in my 
close that this bill, in fact, does not regulate zoning, as the 
gentlelady indicated. It does not have any effect on private property 
rights. In fact, I'm told that the entire State of Tennessee is part of 
a heritage area, and we would not think of the entire State of 
Tennessee as being affected with private property rights effects.
  I would submit to you that we would know, just from that designation 
alone, that it is similar to this one that we are passing today, that 
the citizens of Tennessee are not affected in their private property 
rights with that heritage area designation. This bill is subject to 
appropriation, a $15 million maximum over 15 years, that would have to 
be voted on by the Appropriations Committee, then subject to 
appropriation in both the House and the Senate, subject to signature by 
the President.
  Mr. Speaker, National Heritage Area designations have no regulatory 
consequences whatsoever. This bill specifically says that nothing in it 
diminishes the authority of the State to regulate fishing, hunting and 
the management of fish and wildlife. It includes extensive protections 
for private property owners and prohibits the use of Federal funds 
received under the act for land acquisition. It would in no way have 
any impact on border protection and any other law enforcement effort. 
Additionally, the language was self-executed in the rule which 
specifically states that nothing in the bill modifies, alters or amends 
any other border enforcement authority.
  The gentlelady indicated that the bill failed. The bill failed under 
a two-thirds requirement. In fact, it got well over 240 votes to 140 
votes in the negative. The bill got 100 votes more than a majority. I 
think this bill has tremendous support on this floor. In fact, it has 
tremendous support in the State of Arizona. It's a good measure, and I 
believe it will pass overwhelmingly when it comes back under a rule in 
this House.
  Mr. Speaker, I would ask that we support this bill. As I said 
earlier, this bill is not only important to our Nation's history, it is 
also important that America's most treasured resources are protected 
for future generations. It deserves the strong support of my colleagues 
on both sides of the aisle.
  Mr. Speaker, I urge a ``yes'' vote on the rule and on the previous 
question.
  I yield back the balance of my time, and I move the previous question 
on the resolution
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. FOXX. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adopting House Resolution 760 will be followed by 5-
minute votes on suspending the rules with regard to House Resolution 
765, H.R. 2215, if ordered, and H.R. 3614.
  The vote was taken by electronic device, and there were--yeas 244, 
nays 177, not voting 11, as follows:

                             [Roll No. 723]

                               YEAS--244

     Ackerman
     Adler (NJ)
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Filner
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum

[[Page H9842]]


     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--177

     Aderholt
     Akin
     Alexander
     Altmire
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     Abercrombie
     Barrett (SC)
     Capuano
     Delahunt
     Doyle
     Fattah
     Forbes
     Perlmutter
     Radanovich
     Slaughter
     Smith (NJ)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1354

  Ms. FALLIN, Messrs. ROE of Tennessee, HALL of Texas, and POE of Texas 
changed their vote from ``yea'' to ``nay.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Ms. SLAUGHTER. Mr. Speaker, on rollcall No. 723, had I been present, 
I would have voted ``yea.''
  Mr. PERLMUTTER. Mr. Speaker, on rollcall No. 723, I was unavoidably 
detained and missed the vote on House Resolution 760. Had I been 
present, I would have voted ``yea.''

                          ____________________