[Congressional Record Volume 158, Number 61 (Thursday, April 26, 2012)]
[Senate]
[Pages S2826-S2831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BINGAMAN (for himself, Mr. Barrasso, Mr. Wyden, and Mr.
Enzi:
S. 2374. A bill to amend the Helium Act to ensure the expedient and
responsible draw-down of the Federal Helium Reserve in a manner that
protects the interests of private industry, the scientific, medical,
and industrial communities, commercial users, and Federal agencies, and
for other purposes: to the Committee on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, I am pleased to introduce the Helium
Stewardship Act of 2012, along with my cosponsors, Senators Barrasso,
Wyden, and Enzi. This bipartisan bill addresses the need for ongoing
stewardship of the nation's helium reserve in Amarillo, Texas. The
helium reserve is not only a domestic treasure, but it also provides
nearly 30 percent of the world's helium.
Helium is a commodity that is frequently overlooked and often only
considered when you are going to the florist to purchase party balloons
for your child's birthday party. I want to take a moment and highlight
the importance of this commodity, as well as the importance of the U.S.
helium reserve in the world's helium market.
Helium is critical to a wide range of industrial, scientific, and
medical markets, including medical devices such as MRIs, industrial
welding, high tech manufacturing of microchips and fiber optic cables,
manufacturing magnets for wind turbines, space exploration at NASA, and
other important scientific research that is conducted at national
laboratories like those in my State.
The current sales and management structure for the helium reserve is
distorting the private helium market and threatening helium supplies
for Federal medical and scientific research, and other private
commercial applications. The low government sales price is also a
barrier to the development of private sources of helium. But more
importantly, if Congress does not act, the helium program will
disappear altogether in less than three years, leaving our hospitals,
national labs, domestic manufacturers, and helium producers high and
dry.
This bipartisan bill will address these issues by authorizing prudent
helium sales and management beyond 2015 and securing private access to
Federal supplies. It will also allow for the continued repayment of the
national debt by selling helium at fair market prices--providing a good
return on investment to the American taxpayer. This will bolster the
private helium sector, and help to create long-term jobs in this
American resource sector, as well as ensure the continued success of
domestic manufacturers that utilize helium in their manufacturing
process.
Finally, this bill will ensure secure access to helium for our
national labs, scientific researchers, NASA, medical institutions, and
universities, who rely on helium to push the boundaries of science and
technology here in the USA. In particular, as the reserve is sold off,
a 15 year supply of helium will be set aside exclusively for Federal
researchers to guarantee continuity of our research programs as we
transition to purely private sources of helium.
The bill is based on stakeholder input of the National Academies of
Science, Bureau of Land Management staff, scientific researchers, high-
tech manufacturers, and the private helium industry to address the most
pressing problems facing Federal helium users and the helium industry
today.
I would like to conclude by taking a moment to acknowledge the
exceptional efforts of Dr. Marcius Extavour who was the AAAS Science
policy fellow and physicist working on the Energy and Natural Resources
Committee last year. He worked diligently to help craft this important
piece of legislation and I thank him for his efforts.
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. 2374
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 ``Helium Stewardship Act of
2012''.
SEC. 2. DEFINITIONS.
Section 2 of the Helium Act (50 U.S.C. 167) is amended--
(1) in paragraph (1), by striking the semicolon at the end
and inserting a period;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) by adding at the end the following:
``(4) Federal helium reserve.--
``(A) In general.--The term `Federal Helium Reserve' means
helium reserves owned by the United States.
``(B) Inclusions.--The term `Federal Helium Reserve'
includes--
``(i) the Cliffside Field helium storage reservoir;
``(ii) the federally owned helium pipeline system; and
``(iii) all associated infrastructure owned, leased, or
managed under contract by the Secretary for storage,
transportation, withdrawal, purification, or management of
helium.
``(5) Low-btu gas.--The term `low-Btu gas' means a fuel gas
with a heating value of less than 250 Btu per standard cubic
foot measured as the higher heating value resulting from the
inclusion of noncombustible gases, including nitrogen,
helium, argon, and carbon dioxide.''.
SEC. 3. SALE OF CRUDE HELIUM.
Section 6 of the Helium Act (50 U.S.C. 167d) is amended to
read as follows:
``SEC. 6. SALE OF CRUDE HELIUM.
``(a) Phase A: Business as Usual.--
``(1) In general.--Subject to paragraph (2), the Secretary
may offer for sale crude helium for Federal, medical,
scientific, and commercial uses in such quantities, at such
times, and under such conditions as the Secretary, in
consultation with the helium industry, determines necessary
to carry out this subsection with minimum market disruption.
``(2) Minimum quantity.--The Secretary shall offer for sale
during each fiscal year under paragraph (1) a quantity of
crude helium that is not less than the quantity of crude
helium offered for sale by the Secretary during fiscal year
2012.
``(3) Purchase by federal agencies.--Federal agencies, and
extramural holders of 1 or more Federal research grants, may
purchase refined helium under this subsection for Federal,
medical, and scientific uses from persons who have entered
into enforceable contracts to purchase an equivalent quantity
of crude helium from the Secretary.
``(4) Duration.--This subsection applies during the
period--
``(A) beginning on the date of enactment of the Helium
Stewardship Act of 2012; and
``(B) ending on the date on which all amounts required to
be repaid to the United States under this Act as of October
1, 1995, are repaid in full.
``(b) Phase B: Maximizing Total Recovery of Helium.--
``(1) In general.--The Secretary may offer for sale crude
helium for Federal, medical, scientific, and commercial uses
in such quantities, at such times, and under such conditions
as the Secretary, in consultation with the helium industry,
determines necessary--
``(A) to maximize total recovery of helium from the Federal
Helium Reserve over the long term;
``(B) to manage crude helium sales according to the ability
of the Secretary to extract and produce helium from the
Federal Helium Reserve;
``(C) to respond to helium market supply and demand;
[[Page S2827]]
``(D) to give priority to meeting the helium demand of
Federal users in event of any disruption to the Federal
Helium Reserve; and
``(E) to carry out this subsection.
``(2) Purchase by federal agencies.--Federal agencies, and
extramural holders of 1 or more Federal research grants, may
purchase refined helium under this subsection for Federal,
medical, and scientific uses from persons who have entered
into enforceable contracts to purchase an equivalent quantity
of crude helium from the Secretary.
``(3) Duration.--This subsection applies during the
period--
``(A) beginning on the day after the date described in
subsection (a)(4)(B); and
``(B) ending on the date on which the volume of recoverable
crude helium at the Federal Helium Reserve (other than
privately owned quantities of crude helium stored temporarily
at the Federal Helium Reserve under section 5 and this
section) is 3,000,000,000 standard cubic feet.
``(c) Phase C: Access for Federal Users.--
``(1) In general.--The Secretary may offer for sale crude
helium for Federal uses (including medical and scientific
uses) in such quantities, at such times, and under such
conditions as the Secretary determines necessary to carry out
this subsection.
``(2) Purchase by federal agencies.--Federal agencies, and
extramural holders of 1 or more Federal research grants, may
purchase refined helium under this subsection for Federal
uses (including medical and scientific uses) from persons who
have entered into enforceable contracts to purchase an
equivalent quantity of crude helium from the Secretary.
``(3) Effective date.--This subsection applies beginning on
the day after the date described in subsection (b)(3)(B).
``(d) Prices and Determinations.--
``(1) In general.--Sales of crude helium by the Secretary
shall be at prices established by the Secretary that
approximate the crude helium price in the private market as
of the date of the offer for sale.
``(2) Determination of sale price.--The Secretary may make
a determination of the prices described in paragraph (1)
using--
``(A) a confidential survey of qualifying domestic helium
sourcing transactions to which any holder of a contract with
the Secretary for the acceptance, storage, and redelivery of
crude helium in the Cliffside Field helium storage reservoir
is a party;
``(B) current market crude helium prices inferred from any
amount received by the Secretary from the sale or disposition
of helium on Federal land under subsection (f); and
``(C) in consultation with the helium industry, the volume-
weighted average cost among helium refiners, producers, and
liquefiers, in dollars per thousand cubic feet, of converting
gaseous crude helium into bulk liquid helium.
``(3) Authority of secretary.--The Secretary shall require
all persons or entities that are parties to a contract with
the Secretary for the acceptance, storage, and redelivery of
crude helium to disclose, on a strictly confidential basis in
dollars per thousand cubic feet, the weighted average price
of all crude helium and bulk liquid helium purchased or
processed by the persons in all qualifying domestic helium
sourcing transactions during the fiscal year.
``(4) Qualifying domestic helium sourcing transactions.--
``(A) In general.--In establishing the prices described in
paragraph (1), the Secretary shall consider subparagraphs (B)
and (C) to ensure a reasonable number of transactions.
``(B) Inclusions.--For the purposes of this subsection,
qualifying domestic helium sourcing transactions include any
new agreement in the United States for the purchase of at
least 20,000,000 standard cubic feet of crude helium or
liquid helium in the fiscal year in which the Secretary
collects the data.
``(C) Exclusions.--For the purposes of this subsection,
qualifying domestic helium sourcing transactions do not
include--
``(i) purchases of crude helium from the Secretary; or
``(ii) transactions at prices indexed to the posted crude
helium price of the Secretary.
``(5) Use of information.--The Secretary may use the
information gathered under this subsection to approximate the
current fair market price for crude helium to ensure recovery
of fair value for the taxpayers of the United States from
sales of crude helium.
``(6) Protection of confidentiality.--The Secretary shall
adopt such administrative policies and procedures that the
Secretary considers necessary and reasonable to ensure robust
protection of the confidentiality of data submitted by
private persons.
``(e) Helium Production Fund.--
``(1) In general.--All amounts received under this Act,
including amounts from the sale of crude helium, shall be
credited to the Helium Production Fund, which shall be
available without fiscal year limitation for purposes
considered necessary by the Secretary to carry out this
subsection.
``(2) Capital investments and maintenance.--The Secretary
may use funds credited to the Helium Production Fund to fund
capital investments in upgrades and maintenance at the
Federal Helium Reserve, including--
``(A) well head maintenance at the Cliffside Field helium
storage reservoir;
``(B) capital investments in maintenance and upgrades of
facilities that pressurize the Cliffside Field helium storage
reservoir;
``(C) capital investments in maintenance and upgrades of
equipment related to the storage, withdrawal, transportation,
purification, and sale of crude helium at the Cliffside Field
helium storage reservoir; and
``(D) any other scheduled or unscheduled maintenance of the
Cliffside Field helium storage reservoir and helium pipeline.
``(3) Excess funds.--Any amounts in the Fund described in
paragraph (1) that exceed the amounts that the Secretary
determines to be necessary to carry out paragraph (1) and any
contracts negotiated under this Act shall be paid to the
Treasury and credited against the amounts required to be
repaid to the Treasury under subsection (a).
``(f) Extraction of Helium From Deposits on Federal Land.--
All amounts received by the Secretary from the sale or
disposition of helium on Federal land shall be paid to the
Treasury and credited against the amounts required to be
repaid to the Treasury under subsection (a).''.
SEC. 4. HELIUM RESOURCE ASSESSMENT, CONSERVATION RESEARCH,
AND HELIUM-3 SEPARATION.
The Helium Act is amended by striking section 15 (50 U.S.C.
167m) and inserting the following:
``SEC. 15. HELIUM GAS RESOURCE ASSESSMENT.
``Not later than 2 years after the date of enactment of the
Helium Stewardship Act of 2012, the Secretary, acting through
the Director of the United States Geological Survey, shall--
``(1) in coordination with appropriate heads of State
geological surveys--
``(A) complete a national helium gas assessment that
identifies and quantifies the quantity of helium, including
the isotope helium-3, in each reservoir, including
assessments of the constituent gases found in each helium
resource, such as carbon dioxide, nitrogen, and natural gas;
and
``(B) make available the modern seismic and geophysical log
data for characterization of the Bush Dome Reservoir;
``(2) in coordination with appropriate international
agencies and the global geology community, complete a global
helium gas assessment that identifies and quantifies the
quantity of the helium, including the isotope helium-3, in
each reservoir;
``(3) in coordination with the Secretary of Energy, acting
through the Administrator of the Energy Information
Administration, complete--
``(A) an assessment of trends in global demand for helium,
including the isotope helium-3;
``(B) a 10-year forecast of domestic demand for helium
across all sectors, including scientific and medical
research, manufacturing, space technologies, cryogenics, and
national defense; and
``(C) an inventory of medical, scientific, industrial,
commercial, and other uses of helium in the United States,
including Federal and commercial helium uses, that identifies
the nature of the helium use, the amounts required, the
technical and commercial viability of helium recapture and
recycling in that use, and the availability of material
substitutes wherever possible; and
``(4) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report describing
the results of the assessments required under this paragraph.
``SEC. 16. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION
RESEARCH AND DEVELOPMENT.
``(a) Authorization.--The Secretary of Energy shall support
programs of research, development, commercial application,
and conservation (including the programs described in
subsection (b))--
``(1) to expand the domestic production of low-Btu gas and
helium resources;
``(2) to separate and capture helium from natural gas
streams at the wellhead; and
``(3) to reduce the venting of helium and helium-bearing
low-Btu gas during natural gas exploration and production.
``(b) Programs.--
``(1) Membrane technology research.--The Secretary of
Energy, in consultation with other appropriate agencies,
shall support a civilian research program to develop advanced
membrane technology that is used in the separation of low-Btu
gases, including technologies that remove helium and other
constituent gases that lower the Btu content of natural gas.
``(2) Helium separation technology.--The Secretary of
Energy shall support a research program to develop
technologies for separating, gathering, and processing helium
in low concentrations that occur naturally in geological
reservoirs or formations, including--
``(A) low-Btu gas production streams; and
``(B) technologies that minimize the atmospheric venting of
helium gas during natural gas production.
``(3) Industrial helium program.--The Secretary of Energy,
working through the Industrial Technologies Program of the
Department of Energy, shall carry out a research program--
``(A) to develop low-cost technologies and technology
systems for recycling, reprocessing, and reusing helium; and
``(B) to develop industrial gathering technologies to
capture helium from other chemical processing, including
ammonia processing.
[[Page S2828]]
``SEC. 17. HELIUM-3 SEPARATION.
``(a) Interagency Cooperation.--The Secretary shall
cooperate with the Secretary of Energy, or a designee, on any
assessment or research relating to the extraction and
refining of the isotope helium-3 from crude helium at the
Federal Helium Reserve or along the helium pipeline system,
including--
``(1) gas analysis;
``(2) infrastructure studies; and
``(3) cooperation with private helium refiners.
``(b) Feasibility Study.--The Secretary, in consultation
with the Secretary of Energy, or a designee, may carry out a
study to assess the feasibility of establishing a facility to
separate the isotope helium-3 from crude helium at--
``(1) the Federal Helium Reserve; or
``(2) an existing helium separation or purification
facility connected to the helium pipeline system.
``(c) Report.--Not later than 1 year after the date of
enactment of the Helium Stewardship Act of 2012, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
contains a description of the results of the assessments
conducted under this section.''.
SEC. 5. MISCELLANEOUS.
Section 102 of the Soda Ash Royalty Reduction Act of 2006
(30 U.S.C. 262 note; Public Law 109 338) is amended by
striking ``5-year'' and inserting ``7-year''.
______
By Mr. LEVIN (for himself and Mr. McCain) (by request):
S. 2467. A bill to authorize appropriations for fiscal year 2013 for
military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for fiscal year
2013, and for other purposes; to the Committee on Armed Services.
Mr. LEVIN. Mr. President, Senator McCain and I are introducing, by
request, the Administration's proposed National Defense Authorization
Act for fiscal year 2013. As is the case with any bill that is
introduced by request, we introduce this bill for the purpose of
placing the administration's proposals before Congress and the public
without expressing our own views on the substance of these proposals.
As Chairman and Ranking Member of the Armed Services Committee, we look
forward to giving the administration's requested legislation our most
careful review and thoughtful consideration.
______
By Mr. BINGAMAN (for himself and Mr. Udall of New Mexico):
S. 2468. A bill to establish the Columbine-Hondo Wilderness in the
State of New Mexico, to provide for the conveyance of certain parcels
of National Forest System land in the State, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, I rise today to introduce the Columbine-
Hondo Wilderness Act which will designate approximately 45,000 acres in
the Sangre de Cristo Mountains in northern New Mexico as wilderness. I
am pleased that my colleague, Senator Tom Udall, is a cosponsor of this
legislation.
Located in the Carson National Forest in Taos County, the Columbine-
Hondo is one of the last remaining segments of this high alpine
ecosystem to receive permanent wilderness protection. The concept of
wilderness has deep roots and a long history in the Carson National
Forest. For example, in the early 1900s, Aldo Leopold, known as the
father of wilderness, spent his early career in the Forest Service in
the Carson where he quickly reached the post of Forest Supervisor.
There is no doubt that he spent much time traveling through this
landscape that likely helped cultivate his thoughts on the importance
of wilderness.
Leopold's concept of wilderness evolved over time and heavily
influenced policy makers and the growing conservation community. He
wrote, ``Wilderness is the raw material out of which man has hammered
the artifact called civilization. . . . To the laborer in the sweat of
his labor, the raw stuff on his anvil is an adversary to be conquered.
So was wilderness an adversary to the pioneer. But to the laborer in
repose, able for the moment to cast a philosophical eye on his world,
that same raw stuff is something to be loved and cherished, because it
gives definition and meaning to his life.'' One person who shared that
definition and meaning with Aldo Leopold was former New Mexico Senator
Clinton P. Anderson. In fact, due in large part to the conversations he
had with Leopold forty years earlier, Senator Anderson led the effort
in Congress to pass the Wilderness Act of 1964.
In that 1964 Act, the Wheeler Peak Wilderness became the first
wilderness area in the Carson National Forest, which lies just south of
the Columbine-Hondo area. Shortly thereafter in 1970, the Taos Pueblo-
Blue Lake Wilderness, adjacent to Wheeler Peak, was established,
further demonstrating that the idea of wilderness is a valuable concept
to Indian tribes wishing to protect their most sacred sites for future
generations. Another decade had to pass before Congress protected
additional lands in New Mexico as wilderness in 1980, including the
Latir Peak Wilderness, north of the Columbine-Hondo. In that same Act,
the Columbine-Hondo was designated as a Wilderness Study Area to allow
Congress further time to review the merits of designating this area as
wilderness.
Aldo Leopold laments in A Sand County Almanac that progress in
conservation is slow--a fact that hasn't changed much in modern times.
``Despite nearly a century of propaganda,'' he wrote, ``conservation
still proceeds at a snail's pace.'' In this context, it is
unfortunately not surprising that it has taken Congress over 30 years
to review the merits of the Columbine-Hondo Wilderness Study Area.
But the time to permanently protect the Columbine-Hondo is now before
us. After many years of hard work by local community leaders, a nearly
unanimous consensus has formed in support of protecting this landscape
as wilderness. This is due to the longstanding recognition by the
surrounding communities and their residents of the benefits that
wilderness provides them. The mountains provide communities with clean
air and act as a watershed, providing them with fresh and clean water.
Sportsmen benefit from the protection of quality habitat that will
ensure the elk, deer, and antelope found in the mountains and the fish
in the mountain streams will continue to thrive. Communities like the
Towns of Taos and Red River and the Villages of Questa and Taos Ski
Valley can find economic benefits by attracting visitors seeking
opportunities for solitude and quiet recreation, including hiking,
birding, horseback riding, and even the occasional llama trekking. And
community members can create job opportunities through outfitting and
other service industries to assist residents and visitors alike explore
these gateways to a more primitive era.
Wilderness also ensures that the way of life of many local ranchers
will remain protected from threats like mining or disruptive off-road
vehicle use. Local mountain biking coalitions have also recognized that
a balance can be reached to protect wilderness values while making
practical and common sense boundary adjustments that will help promote
sustainable mountain biking opportunities in the region.
During my tenure in the Senate, it has been relatively uncommon to
find such overwhelming support for the establishment of a new
wilderness area. I commend the dedication and perseverance exhibited by
the many local wilderness advocates who have devoted many years to see
this effort come to fruition. Without their help, it may have taken
another decade before Congress addressed this long outstanding matter.
Congress has had 32 years now to review the designation of the
Columbine-Hondo Wilderness. With such broad support having been
developed, I urge my colleagues to support this initiative to protect
this area without further delay.
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. 2468
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Columbine-
Hondo Wilderness Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Sec. 101. Designation of the Columbine-Hondo Wilderness.
Sec. 102. Wheeler Peak Wilderness boundary modification.
Sec. 103. Authorization of appropriations.
[[Page S2829]]
TITLE II--LAND CONVEYANCES AND SALES.
Sec. 201. Town of Red River land conveyance.
Sec. 202. Village of Taos Ski Valley land conveyance.
Sec. 203. Authorization of sale of certain National Forest System land.
SEC. 2. DEFINITIONS.
In this Act:
(1) Red river conveyance map.--The term ``Red River
Conveyance Map'' means the map entitled ``Town of Red River
Town Site Act Proposal'' and dated April 19, 2012.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Town.--The term ``Town'' means the town of Red River,
New Mexico.
(5) Village.--The term ``Village'' means the village of
Taos Ski Valley, New Mexico.
(6) Wilderness.--The term ``Wilderness'' means the
Columbine-Hondo Wilderness designated by section 101(a).
(7) Wilderness map.--The term ``Wilderness Map'' means the
map entitled ``Columbine-Hondo, Wheeler Peak Wilderness'' and
dated April 19, 2012.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
SEC. 101. DESIGNATION OF THE COLUMBINE-HONDO WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 45,000 acres of land
in the Carson National Forest in the State, as generally
depicted on the Wilderness Map, is designated as wilderness
and as a component of the National Wilderness Preservation
System, which shall be known as the ``Columbine-Hondo
Wilderness''.
(b) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in
accordance with this Act and the Wilderness Act (16 U.S.C.
1131 et seq.), except that any reference in that Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act.
(c) Incorporation of Acquired Land and Interests in Land.--
Any land or interest in land that is within the boundary of
the Wilderness that is acquired by the United States shall--
(1) become part of the Wilderness; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this section; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall
be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96 617).
(e) Columbine Hondo Wilderness Study Area.--
(1) Finding.--Congress finds that, for purposes of section
103(a)(2) of Public Law 96 550 (16 U.S.C. 1132 note; 94 Stat.
3223), any Federal land in the Columbine Hondo Wilderness
Study Area administered by the Forest Service that is not
designated as wilderness by subsection (a) has been
adequately reviewed for wilderness designation.
(2) Applicability.--The Federal land described in paragraph
(1) is no longer subject to subsections (a)(2) and (b) of
section 103 of Public Law 96 550 (16 U.S.C. 1132 note; 94
Stat. 3223).
(f) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of the Wilderness.
(2) Force of law.--The maps and legal descriptions prepared
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
prepared under paragraph (1) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(g) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife
located on public land in the State, except that the
Secretary, after consultation with the New Mexico Department
of Game and Fish, may designate zones in which, and establish
periods during which, hunting or fishing shall not be allowed
for reasons of public safety, administration, the protection
for nongame species and associated habitats, or public use
and enjoyment.
(h) Withdrawals.--Subject to valid existing rights, the
Federal land described in subsections (a) and (e)(1) and any
land or interest in land that is acquired by the United
States in the Wilderness after the date of enactment of this
Act is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 102. WHEELER PEAK WILDERNESS BOUNDARY MODIFICATION.
(a) In General.--The boundary of the Wheeler Peak
Wilderness in the State is modified as generally depicted in
the Wilderness Map.
(b) Withdrawal.--Subject to valid existing rights, any
Federal land added to or excluded from the boundary of the
Wheeler Peak Wilderness under subsection (a) is withdrawn
from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
TITLE II--LAND CONVEYANCES AND SALES.
SEC. 201. TOWN OF RED RIVER LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section,
the Secretary shall convey to the Town, without consideration
and by quitclaim deed, all right, title, and interest of the
United States in and to the 1 or more parcels of Federal land
described in subsection (b) for which the Town submits a
request to the Secretary by the date that is not later than 1
year after the date of enactment of this Act.
(b) Description of Land.--The parcels of Federal land
referred to in subsection (a) are the parcels of National
Forest System land (including any improvements to the land)
in Taos County, New Mexico, that are identified as ``Parcel
1'', ``Parcel 2'', ``Parcel 3'', and ``Parcel 4'' on the Red
River Conveyance Map.
(c) Conditions.--The conveyance under subsection (a) shall
be subject to--
(1) valid existing rights;
(2) public rights-of-way through ``Parcel 1'', ``Parcel
3'', and ``Parcel 4'';
(3) an administrative right-of-way through ``Parcel 2''
reserved to the United States; and
(4) such additional terms and conditions as the Secretary
may require.
(d) Use of Land.--As a condition of the conveyance under
subsection (a), the Town shall use--
(1) ``Parcel 1'' for a wastewater treatment plant;
(2) ``Parcel 2'' for a cemetery;
(3) ``Parcel ``3'' for a public park; and
(4) ``Parcel 4'' for a public road.
(e) Reversion.--In the quitclaim deed to the Town under
subsection (a), the Secretary shall provide that any parcel
of Federal land conveyed to the Town under subsection (a)
shall revert to the Secretary, at the election of the
Secretary, if the parcel of Federal land is used for a
purpose other than the purpose for which the parcel was
conveyed, as required under subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a)
shall be determined by a survey approved by the Secretary.
(2) Costs.--The Town shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 202. VILLAGE OF TAOS SKI VALLEY LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section,
the Secretary shall convey to the Village, without
consideration and by quitclaim deed, all right, title, and
interest of the United States in and to the parcel of Federal
land described in subsection (b) for which the Village
submits a request to the Secretary by the date that is not
later than 1 year after the date of enactment of this Act.
(b) Description of Land.--The parcel of Federal land
referred to in subsection (a) is the parcel comprising
approximately 4.6 acres of National Forest System land
(including any improvements to the land) in Taos County
generally depicted as ``Parcel 1'' on the map entitled
``Village of Taos Ski Valley Town Site Act Proposal'' and
dated April 19, 2012.
(c) Conditions.--The conveyance under subsection (a) shall
be subject to--
(1) valid existing rights;
(2) an administrative right-of-way through the parcel of
Federal land described in subsection (b) reserved to the
United States; and
(3) such additional terms and conditions as the Secretary
may require.
(d) Use of Land.--As a condition of the conveyance under
subsection (a), the Village shall use the parcel of Federal
land described in subsection (b) for a wastewater treatment
plant.
(e) Reversion.--In the quitclaim deed to the Village, the
Secretary shall provide that the parcel of Federal land
conveyed to the Village under subsection (a) shall revert to
the Secretary, at the election of the Secretary, if the
parcel of Federal land is used for a purpose other than the
purpose for which the parcel was conveyed, as described in
subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a)
shall be determined by a survey approved by the Secretary.
(2) Costs.--The Village shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 203. AUTHORIZATION OF SALE OF CERTAIN NATIONAL FOREST
SYSTEM LAND.
(a) In General.--Subject to the provisions of this section
and in exchange for consideration in an amount that is equal
to the fair
[[Page S2830]]
market value of the applicable parcel of National Forest
System land, the Secretary may convey--
(1) to the holder of the permit numbered ``QUE302101'' for
use of the parcel, the parcel of National Forest System land
comprising approximately 0.2 acres that is generally depicted
as ``Parcel 5'' on the Red River Conveyance Map; and
(2) to the owner of the private property adjacent to the
parcel, the parcel of National Forest System land comprising
approximately 0.1 acres that is generally depicted as
``Parcel 6'' on the Red River Conveyance Map.
(b) Disposition of Proceeds.--Any amounts received by the
Secretary as consideration for a conveyance under subsection
(a) shall be--
(1) deposited in the fund established under Public Law 90
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a);
and
(2) available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land in the Carson National Forest.
(c) Conditions.--The conveyance under subsection (a) shall
be subject to--
(1) valid existing rights; and
(2) such additional terms and conditions as the Secretary
may require.
(d) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a)
shall be determined by a survey approved by the Secretary.
(2) Costs.--The reasonable survey and other administrative
costs associated with the conveyance shall be paid by the
holder of the permit or the owner of the private property, as
applicable.
______
By Mr. AKAKA (for himself and Mr. Inouye):
S. 2474. A bill to improve the health of minority individuals, and
for other purposes; to the Committee on Health, Education, Labor, and
Pensions.
Mr. AKAKA. Mr. President, I am proud to once again introduce
legislation addressing the health care disparities in racial and ethnic
minority communities, the Health Equity and Accountability Act of 2012.
I would like to thank my cosponsor, Senator Inouye, along with a number
of our colleagues in the House of Representatives, for all their
support and contributions to this important legislation, and for
raising awareness of this widespread problem.
While there are glaring health disparities based on racial and ethnic
identity alone, they are further exacerbated by factors such as
socioeconomics, geography, and sexual orientation and identity.
Although the exact causes for the current state of health disparities
in our country may be debatable, it is undeniable that ethnic, racial,
geographic, and other minorities across the United States are plagued
by disproportionately high rates of disease and experience a diminished
quality of health care. Statistics paint a disturbing picture of
minority health, consistently showing higher rates of illness and death
for members of minority and marginalized groups.
For instance, HIV/AIDS has had a devastating impact on minorities in
the U.S. In 2009, ethnic minorities accounted for over 70 percent of
newly diagnosed cases of HIV. That year, nine out of ten babies born
with HIV belonged to minority groups. The Office of Minority Health
reported that, compared to Caucasians, Hispanic individuals are 3 times
more likely to be diagnosed with AIDS; Native Americans are 1.4 times
more likely; and Native Hawaiians and Pacific Islanders are 2.4 times
more likely to be diagnosed with AIDS.
Cancer is the number one killer of Asian American Pacific Islanders
and the second leading cause of death for most other racial and ethnic
minorities in the United States. Cancer also affects African Americans
at particularly alarming rates and has a disproportionate prevalence in
the population of Hispanic women, who are 1.6 times more likely to be
diagnosed with cervical cancer than non-Hispanic women. In addition,
Native Americans are twice as likely as non-Hispanic whites to develop
stomach or liver cancer.
The infant mortality rates for African Americans are one-and-a-half
to 3 times higher than the rates for infants born to women of other
races and ethnicities. Hispanic individuals are three times more likely
to be diagnosed with AIDS than Caucasian individuals. As our nation
continues to struggle with obesity, trends show increasingly high rates
of obesity in minority groups, with young Mexican-American men under
the age of 20 experiencing obesity at a rate of 25 percent of the
population, while white men of the same age have a rate of just 15
percent.
Circulatory diseases are a growing problem in the Pacific region.
These diseases not only lower patients' quality of life, but they are
also very costly. Data from the Agency for Healthcare Research and
Quality shows that eliminating preventable hospitalizations that are
associated with lower incomes would save $6.7 billion in health care
costs each year. However, the numbers alone do not capture the full
extent of health disparities since there are additional issues with
data collection and multiple factors often contribute to deaths.
In 2005, I introduced a similar piece of legislation, S. 1580,
because many of the indigenous and ethnic minority communities across
the United States and its territories lacked essential access to health
care and suffered from certain key diseases at disproportionately high
rates. The bill I am introducing today addresses many of the same
issues and also takes into account the strong advances made by the
Patient Protection and Affordable Care Act. In 2008, the landmark
health care reform legislation laid the foundation to start reducing
some of those health disparities. Senator Inouye and I are introducing
this legislation today to build on the work of the Affordable Care Act,
and to advance the national discussion on how we can better achieve
health equity.
While the Affordable Care Act expanded care in diverse communities
across the country, such as Asian Americans, Native Hawaiians, and
Pacific Islanders, it is important that we take further steps to ensure
that all Americans, regardless of racial, ethnic, socioeconomic,
physical, and geographic circumstances, have affordable access to high-
quality health care. Because the causes of health care disparities are
wide-ranging, the scope of this bill must be equally encompassing.
Therefore, my bill focuses on two main strategies: first, encouraging
research on diseases and conditions that disproportionately impact
minority individuals; and second, improving access to effective care
for minority communities.
We must make it easier to identify existing disparities through
comprehensive data collection, ensure workforce diversity, target
diseases that disproportionately affect minorities, and make culturally
and linguistically appropriate health care services available to all.
We need more comprehensive data on the most significant health care
problems experienced by minority individuals and the factors that play
a role in how these diseases affect different communities. The more we
know about the way populations are affected by disease, the better
prepared health care professionals will be to create strategies to both
treat and prevent each high-impact disease in specific communities. My
bill will help to accomplish this by strengthening both data collection
and the reporting of health data.
To complement our efforts in data collection, we must also target
disease awareness education and effective preventative services towards
communities with large populations of ethnic and racial minorities at
high risk for certain diseases. Community-based programs as well as
comprehensive disease-specific programs already in place are helping to
ensure that the health needs of minority communities are being met. My
legislation would revitalize efforts in community health and preventive
services, which are the most cost-effective ways of providing care.
This bill builds upon the Affordable Care Act's historic investment
in prevention and calls for resources to target communities striving to
overcome negative social factors. This bill encourages these
investments and focuses on preventing fatal diseases, which could save
thousands of lives each year and lower health care costs.
Although prevention plays a critical role in finding ways to close
disparities, we also have to invest in research to develop better
treatment plans for diseases that disproportionately affect indigenous,
racial, and ethnic minorities, and to ensure that currently underserved
communities have access to care. My bill proposes focused approaches to
combat a variety of diseases and conditions, including heart disease,
cancer, diabetes, and HIV/
[[Page S2831]]
AIDS, which have a disparate impact on racial and ethnic minorities.
This legislation also helps to provide affordable and culturally
appropriate access to care in several ways.
My bill, the Health Equity and Accountability Act of 2012, includes
proposals to remove significant barriers to health care coverage and
access and maximize the positive impact of federal investments in
health care in minority communities. For example, it would re-establish
Medicaid eligibility for citizens of the Compact of Free Association
nations living in the United States. This would greatly ease the
financial burden on States like Hawaii and Arkansas, which have been
forced to absorb the costs of providing health and social services,
education, and public safety for Compact migrants in accordance with
unfunded Federal mandates since 1996.
My bill would also make health care more affordable and improve
access by providing a 100 percent Federal Medicaid Assistance
Percentage, FMAP, for Native Hawaiians who receive health care from
Federally Qualified Health Centers or the Native Hawaiian Health Care
System. The increased FMAP will ensure that Native Hawaiians have
access to the essential health services provided by community health
centers and the Native Hawaiian Health Care System. These provisions
would provide treatment for Native Hawaiians that is similar to that
already provided to Native Alaskans through the Indian Health Service
or tribal organizations.
This legislation will make it easier for minorities with cultural and
language barriers to improve their health outcomes by enhancing
language access services, making health literacy a priority in patient
care, and making sure there is culturally competent care in the health
care delivery system. My bill will support professionals who are well-
equipped to provide quality health care that is culturally and
linguistically appropriate. As a part of this effort, this legislation
creates training opportunities for willing and competent minority
candidates to enter the health care workforce.
The Health Equity and Accountability Act also seeks to ensure that
communities of color benefit from the rapid advances in health
information technology, or health IT. It also encourages new
investments in health IT infrastructure, which will serve as the
foundation for improving the quality, effectiveness, and efficiency for
all Americans in our future health care system. Improvements in health
IT and health IT infrastructure will also make it possible for rural
communities to access mobile health services and other treatment and
diagnostics that were previously unavailable.
Another vital service that my bill seeks to make more accessible is
mental health care. The Affordable Care Act fundamentally improved
services for individuals with mental health and addiction disorders.
Despite the improvements, mental health treatment remains
underutilized, especially by minorities, due to social stigma and
cultural resistance. To develop access and encourage treatment, my bill
incorporates culturally competent strategies to address mental and
behavioral health problems affecting minority communities and
authorizes investment in researching and treating these serious
conditions.
However, we cannot simply put these provisions in place and believe
that they will eliminate all health disparities. We must have
accountability and regular evaluation of these programs to ensure they
are being carried out as they were intended, and that they are meeting
their goals. To that end, my bill strengthens oversight by the
Department of Health and Human Services, requiring the Department to
make regular scheduled reports to Congress on the impact of these
initiatives to ensure that they are continuing to reduce health
disparities.
April is National Minority Health Month, and as we work diligently to
transform health care in America, it is essential that we strive to
eliminate the health disparities that affect our minority groups. This
bill would significantly improve the quality of life for indigenous
people, ethnic and racial minorities, as well as other marginalized
groups. I encourage my colleagues to support this legislation, and
begin an open dialogue on how we can close the gap in health care
across the country.
____________________