[Congressional Record Volume 156, Number 10 (Tuesday, January 26, 2010)]
[Senate]
[Pages S252-S255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FRANKEN:
S. 2952. A bill to establish funds to rapidly create new jobs in the
private and public sector; to the Committee on Banking, Housing, and
Urban Affairs.
Mr. FRANKEN. Mr. President, today I want to talk about jobs. Lately
it seems that everyone says they want to talk about jobs and that we
will get around to tackling jobs next week or the week after. I would
like to kick off the discussion today, right now, and follow it up with
what I plan to do about jobs. I would not be the first to observe that
times are tough right now. Our Nation is still reeling from the most
disastrous economic collapse in a generation. Failed regulatory
policies--or really, just deregulation--bad lending practices, and Wall
Street recklessness all contributed to the current crisis, double-digit
unemployment for the first time in 25 years. Millions of American
families are relying on their unemployment benefits to put food on the
table and to pay their rent. Some are looking down at their final
unemployment check, wondering what they are going to do next. For every
single job opening, there are six unemployed workers. Too many people
are left without options or hope in this dismal job market.
In the fall of 2008, when Wall Street's financial institutions
started falling like dominos, our regulators told us: Congress has to
pass TARP now or we face total economic ruin. This seemed to get
Congress moving. It passed legislation in a matter of days. My feeling
is that the American people, especially those folks out of work, need
their advocates to say: We have to do this now. Every Senator who has
heard from their constituents about the depressing job market, about
the day-to-day struggles of being unemployed, should be on the floor
insisting that we act now; that if we don't act now and act boldly and
broadly, Main Street will continue to suffer, and that this
unemployment crisis we are in will drag on and on.
The House has already acted. They passed a robust jobs package last
December that provided needed funds to States and localities to keep
teachers, firefighters, and police officers on the job. It provided
funds for public infrastructure projects. These are all vital elements
to a successful jobs creation package.
In addition to these fundamentals, the Senate has the opportunity to
put forward new ideas for job creation. Today I am introducing my
proposal, the SEED Act, Strengthening our Economy through Employment
Development, SEED. We have seen Cash for Clunkers. We have talked about
Cash for Caulkers. Now I am proposing cash for jobs. The SEED Act is
modeled after a program we used for several years in Minnesota during
the recession of the 1980s. By all accounts, it was extremely
successful. Minnesota's program got over 7,400 people back to work in
its first 6 months and created nearly 15,000 permanent, long-term jobs.
It did that at a much lower cost per job than the stimulus package this
body passed last year.
The SEED Act will incentivize rapid job creation by offering small
and medium-size companies and nonprofits a direct wage subsidy to hire
new workers and expand their operations. Small businesses are the
driving force behind our economy. We all know that. They want to grow.
But many of them need an added infusion of capital since TARP hasn't
trickled down to them. Administered on a first-come-first-serve basis,
these subsidies will provide 50 percent of wages of newly hired workers
and will be disbursed through the already existing Workforce Investment
Act system. Using this existing system will minimize the bureaucracy
that plagues so many new initiatives. Additionally, employers who hire
recently returned Iraq and Afghanistan vets would be eligible for a 60-
percent subsidy. The subsidy would be available for a 12-month period,
and the employer would commit to keeping the worker on for an
additional 3 months after the subsidized year.
This model proved highly effective and efficient in Minnesota. Jim
Glowacki is one of my constituents. He used Minnesota's program in the
1980s. After he lost his job, he decided to start his own business. He
had few resources and little ability to borrow money. He used
Minnesota's program, which was called MEED, to hire his first two
employees. Now his company, the JPG Group, employs 17 full-time workers
and has an annual payroll of over $800,000. His story epitomizes the
incredible potential for this approach to spur job creation.
The second component of the SEED Act is to direct grants to States,
localities, and tribes to fund green jobs; Providing funds to retrofit
public buildings. In addition to creating green jobs, these retrofits
will increase energy efficiency, decreasing our dependence on foreign
oil and saving taxpayers money. These are public buildings. Too many of
our public buildings, public housing, libraries, and schools are
becoming outdated and don't utilize the green technologies available
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today. There are many skilled workers currently on the bench who
already have the training they need to immediately get to work on these
projects. These new projects will increase demand for energy-efficient
windows and doors and heating systems and insulation, providing a boost
to our Nation's stalled manufacturing sector. Some of you may not know
this, but Minnesota is the Silicon Valley of windows. We are home to
the Nation's leaders in energy-efficient windows which makes some sense
given our winters. Retrofitting public buildings is a win for
everyone--for workers, localities, taxpayers, manufacturing, and the
environment. This is a win-win-win-win-win, I think. Windows, too. If
we reallocate $10 billion from the TARP program and pass this proposal
into law, we have the potential of creating up to 500,000 jobs, and
quickly.
Getting people back to work will ease the burden on public benefit
programs like such as employment and COBRA subsidies. Many employers
will convert their participating workers into permanent employees,
setting them up for a long-term career. Minnesotans have stressed to me
how efficiently this program worked in our State and that it provides
an excellent return on investment. They have worked tirelessly to
demonstrate the benefits of this type of bold proposal. I thank them
for collaborating with me on this important piece of legislation. More
than 50 Minnesota organizations, companies, and chambers of commerce
have come out in support.
I ask unanimous consent to have printed in the Record a list of these
organizations.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The following Minnesota organizations support the SEED Act:
Northwest Private Industry Council; Rural Minnesota CEP
Workforce Council; Northeast MN Workforce Council; Duluth
Workforce Council; Central MN Workforce Council; Southwest MN
Workforce Council; South Central Workforce Council; Southeast
Minnesota Workforce Development Board; Hennepin-Carver
Workforce Council; Minneapolis Private Industry/Workforce
Council; Anoka County Workforce Council; Dakota-Scott County
Workforce Council; Ramsey County Workforce Solutions;
Washington County Workforce Investment Board; Stearns-Benton
Employment & Training Council; Winona County Workforce
Council; Minnesota Hmong Chamber of Commerce; Minnesota Black
Chamber of Commerce; JPG Group; VAST Enterprises, LLC.
A Minnesota Without Poverty; Accessability, Inc.; Anoka
County Human Services Job Training Center; Anne Marie's
Alliance, St. Cloud; Anoka County Community Action Program;
Arrowhead Economic Opportunity Agency; Children's Defense
Fund-MN; CLASP; Department of Social Work, Augsburg College;
Employment Action Center; Joint Religious Legislative
Coalition; Heartland Community Action Agency; HIRED; Kootasca
Community Action; Lifetrack Resources; L.I.F.T. To End
Poverty; Minnesota Community Action Partnership; NASW-
Minnesota (National Association of Social Workers); Northwest
Community Action; Otter Tail-Wadena Community Action Council.
Project for Pride in Living; Sabathani Community Center;
Southwestern Minnesota Opportunity Council; The Arc of
Minnesota; Three Rivers Community Action; Twin Cities
Community VoiceMail; Goodwill EasterSeals of Minnesota; YWCA
Saint Paul; Greater Minneapolis Council of Churches;
Minnesota FoodShare; JOBS NOW Coalition.
Mr. FRANKEN. I urge my colleagues to join me in quickly moving
forward on a bill to put Americans back to work. I urge them to join me
in support of the SEED Act, Strengthening our Economy through
Employment and Development.
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. 2952
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 ``Strengthening Our Economy
Through Employment and Development Act''.
SEC. 2. USE OF UNEXPENDED AND REPAID FUNDS OF THE TROUBLED
ASSET RELIEF PROGRAM.
Of the amounts made available to the Secretary of the
Treasury under section 115 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5225) that are
unobligated as of the date of enactment of this Act and of
all assistance received under title I of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.)
that is repaid on or after the date of enactment of this Act,
$10,000,000,000 shall be made available to carry out the
Private Sector Wage Subsidy Fund under section 3 and the
Public Sector Energy Efficiency Promotion Fund under section
4.
SEC. 3. PRIVATE SECTOR WAGE SUBSIDY FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Private Sector
Wage Subsidy Fund'' (referred to in this section as the
``Fund''), consisting of $5,000,0000,000 made available to
the Fund under section 2, to enable small and medium sized
businesses and nonprofit organizations to hire eligible
workers who will receive wage subsidies pursuant to this
section.
(b) Allocation to Local Areas and Administration.--
(1) In general.--The Secretary of Labor shall allocate to
each local area, to carry out this section, an amount that
bears the same relationship to the funds made available under
this section for a fiscal year, as the sum of the amounts
received under paragraph (2)(A) or (3) of section 133(b) of
the Workforce Investment Act of 1998 (29 U.S.C. 2863(b)) and
under paragraph (2)(B) of that section by the local area for
that fiscal year bears to the total of such sums received by
all local areas for that fiscal year.
(2) Local area.--In this section, the term ``local area''
has the meaning given the term in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801).
(3) Administration by local areas.--
(A) In general.--Each local area that receives an amount
under this section shall provide allocations to businesses
and nonprofit organizations in the same manner as the local
area provides allocations for on-the-job training subsidies
under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.), to the extent consistent with this section.
(B) Allocations to employers.--Each local area that
receives an amount under this section shall provide
allocations to businesses and nonprofit organizations through
twice-monthly or monthly subsidy checks for the first 9
months. The allocation for months 10, 11, and 12 shall be
withheld until the end of the 15th month, at which point the
business or nonprofit organization shall verify that the
eligible worker is still on the payroll and shall then
receive a lump-sum reimbursement for months 10, 11, and 12.
(C) Flexibility.--A local area that receives an amount
under this section may offer customized or variant subsidy
arrangements with businesses and nonprofit organizations if
30 percent of the allocated funds have not been obligated by
the local area within 6 months.
(c) Availability of Funds.--Allocation of amounts from the
Fund to businesses and nonprofit organizations shall be--
(1) made available not later than 90 days after the date of
enactment of this Act; and
(2) administered on a first-come, first-serve basis to
incentivize rapid job creation.
(d) Eligibility.--A business or nonprofit organization is
eligible to receive an allocation from the Fund for wage
subsidies if such business or organization employs fewer than
500 individuals.
(e) Wage Subsidy.--
(1) In general.--Wage subsidies allocated under this
section to businesses and nonprofit organizations to hire
eligible workers shall be consistent with the following:
(A) 1-year period.--A wage subsidy shall be provided for a
1-year period.
(B) Amount.--
(i) In general.--Except as provided in clauses (ii) and
(iii), a wage subsidy shall be--
(I) 50 percent of total wages; or
(II) $12 per hour,
whichever amount is less.
(ii) Iraq and afghanistan veterans.--Except as provided in
clause (iii), in the case of an individual who is a veteran
of military service in Iraq or Afghanistan after September
11, 2001, a wage subsidy shall be--
(I) 60 percent of total wages; or
(II) $14.40 per hour,
whichever amount is less.
(iii) Additional amount for employers that offer health
insurance.--Notwithstanding the subsidy maximum amounts
provided under clauses (i) and (ii), a business or nonprofit
organization that receives an allocation from the Fund for
wage subsidies under this section and contributes to the cost
of health insurance coverage for its employees shall receive
an additional $1 per hour for each eligible worker hired
pursuant to this section to help defray the cost of
contributing to such coverage.
(C) Job wage minimum.--Except as provided in subparagraph
(D), a job for which a wage subsidy is allocated under this
section shall--
(i) pay not less than $10 per hour; or
(ii) start at $9 per hour with a certification from the
business or nonprofit organization that the wage will be
increased to not less than $10 per hour by the end of the
subsidy period.
(D) Minimum wage requirement.--If the locality in which a
job for which a wage subsidy is allocated under this section
is located has a minimum wage requirement that is more than
$10 per hour, then such job shall pay not less than such
minimum wage requirement.
(2) Certification by employer.--A business or nonprofit
organization that receives
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an allocation from the Fund for wage subsidies under this
section shall provide to the local area a certification that
includes each of the following:
(A) The business or organization will hire the employees
hired under the wage subsidy program for newly created
positions not for vacancies in already existing positions.
(B) The business or organization will retain the employees
hired under the wage subsidy program for not less than 15
months.
(C) The business or organization will not displace existing
workers, or reduce the hours of existing workers, with the
employees hired under the wage subsidy program.
(D) The business or organization will offer comparable
wages and the same benefits to subsidized workers as
comparable, existing workers.
(E) The business or organization will hire the worker for a
minimum of 30 hours per week.
(F) If the business or nonprofit organization employs
individuals represented by a labor organization, the business
or nonprofit organization will obtain sign-off by the labor
organization in coordination with the existing collective
bargaining agreement.
(3) Failure to comply with certification.--The Secretary of
Labor shall promulgate regulations regarding waivers of a
business or nonprofit organization's obligation to retain an
employee hired under the wage subsidy program for not less
than 15 months.
(4) Eligible workers.--
(A) In general.--A business or nonprofit organization that
receives an allocation from the Fund for wage subsidies under
this section shall hire only eligible workers to receive such
wage subsidies.
(B) Eligible workers defined.--In this section, the term
``eligible worker'' means an individual who--
(i) has exhausted the individual's State-funded
unemployment insurance benefits (as verified by the State or
local department of labor or similar entity); or
(ii) has been unemployed for not less than 6 months.
(f) Administrative Costs.--Of the funds allocated to each
local area under this section, not more than 10 percent may
be used by the local areas for costs and expenses for
administration, marketing, job placement, and program support
services.
SEC. 4. PUBLIC SECTOR ENERGY EFFICIENCY PROMOTION FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Public Sector
Energy Efficiency Promotion Fund'' (referred to in this
section as the ``Fund''), consisting of such amounts as are
made available to the Fund under section 2.
(b) Grants.--
(1) In general.--On request by the Secretary of Energy
(referred to in this section as the ``Secretary''), the
Secretary of the Treasury shall transfer from the Fund to the
Secretary such amounts as the Secretary determines are
necessary to distribute grants to States to provide funds to
retrofit public buildings to increase energy efficiency.
(2) Reservation for indian tribes.--The Secretary shall
reserve 1 percent of amounts transferred under paragraph (1)
to award grants to Indian tribes to carry out activities
described in this section.
(c) Allocation to States.--Grants made available under this
section shall be allocated to States in accordance with
section 543(c) of the Energy Security and Independence Act of
2007 (42 U.S.C. 17153(c)).
(d) Distribution to Political Subdivisions.--A State that
receives a grant under this section--
(1) may retain not more than 30 percent of the amount of
the grant; and
(2) shall distribute the remainder of the grant to
political subdivisions of the State through an application
process.
(e) Unobligated Funds.--Any grant amounts not obligated by
the date that is 1 year after the date of the receipt of the
grant by the State or Indian tribe shall be--
(1) returned to the Treasury of the United States; and
(2) transferred to the Private Sector Wage Subsidy Fund
established under section 3.
(f) Use of Funds.--
(1) In general.--Subject to paragraphs (2) and (3), funds
made available under this section may be used only--
(A) to retrofit public housing for increased energy
efficiency;
(B) to retrofit public buildings, libraries, and schools
for increased energy efficiency;
(C) to retrofit vacant or foreclosed homes for increased
energy efficiency; or
(D) if there are not sufficient projects to carry out
energy efficiency retrofits described in subparagraphs (A)
through (C), to restore and refurbish public buildings.
(2) Priority.--In using funds made available under this
section, a State, political subdivision of a State, or Indian
tribe shall give priority to projects that were identified by
the State or Indian tribe before the date of enactment of
this Act.
(3) Energy efficiency.--
(A) In general.--The Secretary of Energy, in coordination
with the Secretary of Housing and Urban Development, shall
create standards for measurement and verification of energy
efficiency in residential buildings, commercial buildings,
and federally-funded housing facilities.
(B) Administration.--In creating the standards described in
subparagraph (A), the Secretary of Energy shall include the
following--
(i) the 2009 International Energy Conservation Code (IECC)
or equivalent for residential buildings or the ASHRAE 90.1-
2007 standard or equivalent for commercial buildings;
(ii) a maximum window U-factor of .30 and a maximum solar
heat gain factor of .30 for both residential and commercial
buildings;
(iii) certification of building energy and environment
auditors, inspectors, and raters by the Residential Energy
Services Network or an equivalent certification system, as
determined by the Secretary;
(iv) certification or licensing of building energy and
environmental retrofit contractors by the Building
Performance Institute or an equivalent certification or
licensing system, as determined by the Secretary;
(v) use of equipment and procedures of the Building
Performance Institute, the Residential Energy Services
Network, or other appropriate equipment and procedures (such
as infrared photography and pressurized testing and tests for
water use and indoor air quality), as determined by the
Secretary, to test the energy and environmental efficiency of
buildings effectively;
(vi) determination of energy savings in a performance-based
building retrofit program through--
(I) in the case of residential buildings, comparison of
before and after retrofit scores on the Home Energy Rating
System Index, if the final score is produced by an objective
third party, or compliance with 2009 IECC, as well as a
maximum window U-factor of .30 and a maximum solar heat gain
factor of .30;
(II) in the case of commercial buildings, benchmarks set by
the Environmental Protection Agency, or compliance with the
ASHRAE 90.1 2007 standard or equivalent, as well as a maximum
window U-factor of .30 and a maximum solar heat gain factor
of .30; and
(III) in the case of residential and commercial buildings,
use of a program that is approved by the Administrator of the
Environmental Protection Agency and subject to appropriate
software standards and verification of at least 15 percent of
all work completed;
(vii) suggested guidelines for using--
(I) the Energy Star portfolio manager;
(II) the Home Energy Rating System rating system;
(III) home performance improvements approved under the
Energy Star program; and
(IV) any other tools associated with applicable retrofit
programs; and
(viii) requirements, energy building codes, standards, or
guidelines for renovation and postretrofit inspection and
confirmation of work and energy savings.
(g) Competitive Bidding.--Any project carried out under
this section that requires an outside contractor shall be
subject to a competitive bidding process.
(h) Davis-Bacon Compliance.--
(1) In general.--All laborers and mechanics employed on
projects funded directly by or assisted in whole or in part
by this section, under any contractor or subcontractor, shall
be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
(2) Authority.--With respect to the labor standards
specified in this subsection, the Secretary of Labor shall
have the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
(i) Administrative Costs.--Of the funds made available to
carry out this section, not more than--
(1) 1 percent may be used by the Secretary of Energy for
administrative costs; and
(2) 4 percent of funds may be used by States and Indian
tribes that receive grants under this section for
administrative costs.
SEC. 5. EVALUATION.
After the termination date described in section 6(a), the
Secretary of Labor shall conduct an evaluation of job
creation effectiveness of programs carried out with funds
made available under this Act.
SEC. 6. SUNSET.
(a) In General.--The Private Sector Wage Subsidy Fund
established under section 3, the Public Sector Energy
Efficiency Promotion Fund established under section 4, and
the authorization of amounts made available to carry out such
Funds shall terminate on the date that is 2 years after the
date of enactment of this Act.
(b) Amounts Returned to Treasury.--Any amounts that are in
the Funds described in subsection (a) on the date of
termination described in subsection (a) shall be returned to
the Treasury of the United States.
______
By Mr. FEINGOLD:
S. 2955. A bill to amend the Internal Revenue Code of 1986 to provide
a temporary payroll increase tax credit for certain employers; to the
Committee on Finance.
Mr. FEINGOLD. Mr. President, I am pleased to introduce legislation
establishing a temporary jobs tax credit to help businesses expand
their payroll here in the U.S. by hiring more employees, expanding work
hours, or raising pay. The measure is modeled on a proposal by the
Economic Policy Institute that would create an estimated 5 million jobs
over the next two years.
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As we should not undermine the long-term prospects of our economy for
the sake of a short-term problem, the legislation is fully offset to
ensure that over the next 10 years it will not increase the deficit.
Briefly, the legislation provides firms a tax credit of 15 percent of
the increase in their eligible payroll in 2010, and 10 percent in 2011.
Eligible payroll includes that portion of a firm's wages subject to
Social Security taxes. For 2010 those are wages of $106,800 or less.
Thus, pay hikes for very highly salaried workers would not be eligible
for the tax credit.
The jobs tax credit is designed to avoid seasonal employment spikes
by calculating it on a quarter over-year-ago-quarter basis. For
example, wages for the first quarter of 2010 are compared with wages
for the first quarter of 2009; wages for the third quarter of 2010 are
compared with wages for the third quarter of 2009. To limit possible
gaming of the credit the last quarter of 2010 would be measured against
the last quarter of 2008, rather than 2009.
Only increased wages for employees here in the U.S. would be eligible
for the credit.
President Obama was handed the worst economy since the Great
Depression. While he has taken significant steps to turn the economy
around, employment continues to be a problem.
The official unemployment rate is a tragically high 10 percent. But
even that high level understates the true employment picture, for if
one adds in the millions of people working part-time who want full-time
employment, and the millions more who are discouraged and have given up
looking for work, the rate is 17.3 percent, one of the highest levels
since 1994.
We must take steps to help businesses put people back to work and
this bill will do that.
No tax credit can be perfectly targeted. Any tax incentive we provide
firms will provide some businesses with a windfall for behaving in ways
they would have anyway, but a recent report by the Congressional Budget
Office on various policy options to spur employment found that a tax
break similar to this proposal would be among the most efficient and
effective policies we could enact. The CBO report estimated a similar
jobs tax credit would boost Gross Domestic Product by as much as $1.30
for every dollar spent, and would increase employment by as much as 18
net full-time equivalent jobs for every million dollars invested
through the credit. In laying out the jobs tax credit proposal on which
this measure is based, the Economic Policy Institute projected an
increase of more than 5 million jobs over the next 2 years.
As I noted earlier, it is essential that we not aggravate the long-
term problems facing our economy, and for that reason my legislation
includes provisions that will offset the estimated cost of the jobs tax
credit, which the Economic Policy Institute estimates to be $27
billion. Specifically, the proposal includes provisions originally
proposed by the Senator from Michigan, Mr. Levin, in S. 506, the Stop
Tax Haven Abuse Act.
Under the leadership of Senator Levin, the Homeland Security
Committee's Permanent Subcommittee on Investigations found that
offshore tax evasion costs the taxpayers of this country an estimated
one hundred billion dollars every year. Because of this abuse, ordinary
taxpayers are bearing more than their fair share of the cost of their
government, and our children and grandchildren will be paying an even
bigger bill for the increased deficits and debt that result from this
practice.
The legislation Senator Levin developed as a result of his
Subcommittee's work would go a long way to shutting down this abuse,
and I am pleased to include it in a measure to help firms put people
back to work.
The economic pain caused by the current recession is real. More than
fifteen million people are considered officially unemployed today, and
if we include those who want to work more hours and those who have
given up looking for work, that number rises to over 26 million. As we
know, losing one's job means more than losing income. It is one of the
most traumatic events we can experience, and can be devastating for the
millions of families that have been affected.
We must take action to address this employment crisis. As the Senate
begins to debate possible responses, a jobs tax credit should be at the
top of the proposals we consider. While the precise terms of such a
credit can be debated, the need for it is clear.
I urge my colleagues to support this approach.
______
By Mrs. BOXER (for herself and Mrs. Feinstein):
S. 2956. A bill to authorize the Pechanga Band of Luiseno Mission
Indians Water Rights Settlement, and for other purposes; to the
Committee on Indian Affairs.
Mrs. BOXER. Mr. President, I am pleased to introduce the Pechanga
Band of Luiseno Mission Indians Water Rights Settlement Act. This
legislation will implement a settlement concerning the water rights of
the Pechanga Band of Luiseno Mission Indians, who have been engaged for
several decades in a struggle for recognition and protection of their
federally reserved groundwater rights.
Since 1951, the Pechanga have been involved in litigation initiated
by the U.S. concerning water rights in the Santa Margarita watershed.
The Pechanga's interest has been in protecting their groundwater
supplies, which are shared with municipal developments in the San Diego
region. Beginning in 2006, the Pechanga worked with local water
districts to negotiate a cooperative solution and put an end to their
dispute.
The Pechanga Settlement Agreement is a comprehensive agreement
negotiated among the Pechanga, the U.S. on their behalf, and several
California water districts, including the Rancho California Water
District and Eastern Municipal Water District. The settlement
recognizes the Pechanga's tribal water right to 4994 acre-feet of water
per year and outlines a series of measures to guarantee this amount. It
is a win-win solution that protects the rights of the Pechanga while
ensuring that other communities in Southern California will also have
sufficient water supplies.
I am pleased to be joined by Senator Feinstein in introducing this
legislation. We have worked with our colleagues in the House, including
Representatives Bono Mack, Grijalva, Richardson, Calvert, Baca, and
Issa, to craft this legislation. Our bill not only provides the
Pechanga with long-overdue assurances of their water rights, but also
exemplifies all the good that can be accomplished when parties put
aside their differences and come to the table to negotiate a reasonable
solution.
____________________