[Congressional Record Volume 159, Number 24 (Thursday, February 14, 2013)]
[Senate]
[Pages S774-S787]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. BOXER (for herself, Ms. Murkowski, Mrs. Murray, Mr.
Begich, and Mr. Manchin):
S. 326. A bill to reauthorize 21st century community learning
centers, and for other purposes; to the Committee on Health, Education,
Labor, and Pensions.
Mrs. BOXER. Mr. President, I rise today to urge my colleagues to
cosponsor, S. 326 the Afterschool for America's Children Act, which I
am introducing today with Senators Murkowski, Murray, Begich, and
Manchin.
Across the country, afterschool programs help keep children safe and
help them learn through hands-on academic enrichment activities that
are disappearing from the regular school day.
Numerous studies have shown that quality afterschool programs give
students the academic, social, and professional skills they need to
succeed. Students who regularly attend have better grades and behavior
in school, and lower incidences of drug use, violence, and unintended
pregnancy.
Over the past 10 years, the 21st Century Community Learning Centers,
CCLC, program has helped support afterschool programs for millions of
children from low-income backgrounds, including over 1.6 million
children last year.
Unfortunately, the demand for affordable, quality afterschool
experiences far exceeds the number of programs available. The 2009
report, America After 3PM, found that while afterschool programs are
serving more kids than ever, the number of unsupervised children in the
United States has increased. More than 18 million children have parents
who would like to enroll their child in an afterschool program but
can't find one available.
For over 10 years, federally funded afterschool programs have played
an important role in the lives of so many children and families. The
Afterschool for America's Children Act, AACA, would strengthen the 21st
CCLC program, leaving in place what works and
[[Page S775]]
using what we have learned about what makes afterschool successful to
improve the program.
The AACA would modernize the 21st CCLC program to improve states'
ability to effectively support quality afterschool programs, run more
effective grant competitions and improve struggling programs. In
addition, this legislation helps improve local programs by fostering
better communication between local schools and programs, encouraging
parental engagement in student learning, and improving the tracking of
student progress.
Afterschool programs have such a diverse group of supporters--from
law enforcement to the business community--because these vital programs
help keep the children of working parents safe while enriching their
learning experience and preparing them for the real world.
I urge my colleagues to join me and Senators Murkowski and Murray in
supporting the Afterschool for America's Children Act to ensure that
21st CCLC dollars are invested most efficiently in successful
afterschool programs that keep children safe and help them learn.
______
By Ms. MURKOWSKI (for herself and Mr. Begich):
S. 340. A bill to provide for the settlement of certain claims under
the Alaska Native Claims Settlement Act, and for other purposes; to the
Committee on Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise today for the fourth time to
introduce or reintroduce legislation to settle the outstanding land
claims of the Tlingit and Haida Native people, the first people of
Southeast Alaska. I first introduced this legislation to speed up the
conveyance of lands to the Sealaska Native Regional Corporation in
2008. Native residents of Southeast Alaska in 1971 were promised lands
to settle their aboriginal land claims to all of Southeast Alaska.
Under the motto that nothing of worth comes easy, I hope that the
compromise bill I introduce today with my colleague from Alaska Senator
Begich will finally settle those claims early in the 113th Congress,
capping nearly six years of congressional negotiation and review on
this issue.
The newly revised bill establishes where and how Sealaska may select
the remaining 70,075 acres of land the Bureau of Land Management now
says it is entitled to receive under the Alaska Native Claims
Settlement Act of 1971, ANCSA. In all, Sealaska, the regional
corporation representing some 20,000 Alaska Natives, more than a fifth
of all Native residents in Alaska, will receive about 68,400 acres of
land for timber development, about 1,099 acres for other economic
development such as hydroelectric generation, marine hydrokinetic
activity and future tourism development near Yakutat, Kake and
Hydaburg, and 490 acres that Sealaska can apply for to gain an
additional 76 cemetery and historical places.
The bill provides a balance of old-growth and second-growth timber,
allowing Sealaska's timber business to transition to second-growth
harvesting. To address local concerns, the new bill does not contain
some 26,000 acres of selections on northern Prince of Wales Island.
This version of the bill also eliminates more lands near Kassa Inlet
and Mabel Bay near Keete on Prince of Wales Island to meet wildlife
concerns, buffer key fisheries and anchorage areas for fishermen, and
revises selection areas to address the Forest Service's desire to
retain more lands that will aid its young-growth timber transition
strategy in the Tongass National Forest.
Frankly, it has taken years of frustrating talks and negotiations to
reach this point. This bill contains more than 175 changes since the
2008 version, all designed to make the bill acceptable to all
Americans. While the odds are that it still won't make absolutely
everyone happy, the bill does address all of the major concerns voiced
with the Sealaska bill during nearly a half dozen congressional
hearings, 22 town hall meetings, and in hundreds of letters and media
comments. It gives Sealaska its ANCSA selections, while it provides
unprecedented public access to the lands Sealaska will be receiving,
and meets the valid concerns of small communities, fishermen and timber
workers and protects their industries while fully protecting the
environment.
It is a compromise. Clearly there are provisions in the bill that I
wish were different, but on balance, it is a fair solution to a most
difficult matter that has been dragging on for more than four decades.
It is certainly a balanced solution that allows Sealaska to finally
take title to the last 70,000 acres it was promised by the land claims
settlement--lands largely to be used for economic development in a
region where unemployment often hits 25 percent--while at the same time
protecting more than twice as many acres for environmental and
fisheries protection in Southeast Alaska, an area roughly the size of
South Carolina. The bill does the latter by creating 152,000 acres of
new conservation habitat areas in the region in eight tracts.
The revised bill also requires Sealaska, by a conservation easement,
to protect three major salmon spawning systems on lands it is gaining
by imposing a 100-foot no-cut buffer, specifically, along the main stem
of Trout Creek on Koscuisko Island, along Old Tom Creek at Polk Inlet
and along Karheen and Tuxekan Creeks on Tuxekan Island. The State
Forest Practices Act and buffer rules will govern the management of all
other streams on state lands inside the new Sealaska selections.
The bill continues and strengthens all public access provisions
contained in ANCSA. The bill contains a provision that guarantees
public access to Sealaska's economic land selections for recreation,
hunting and fishing both sport and subsistence, allowing closures only
to protect public safety, to safeguard cultural properties, to promote
educational efforts or to protect against environmental damage, while
allowing the public to legally challenge any such closures. It also
protects the rights of existing guides and tour operators to continue
operations automatically on Sealaska lands for portions of two permit
terms, or up to 20 years.
The revised bill also reduces the size of selection areas on
Koscuisko and Tuxekan Islands to meet local community concerns, to
protect, subsurface, karst formations, to protect old-growth habitat
areas for sensitive species, and to protect anchorages for fishermen.
The revised bill rearranges selection areas at 12 Mile Arm and Polk
Inlet to protect Forest Service planning, facilities and research
facilities, and increases the size of selection areas at Calder and the
Cleveland Peninsula to offset the acreage reductions.
Sealaska, through this bill, will give up its existing selection
rights to 327,000 acres of the Tongass National Forest, allowing that
timber to return to full Forest Service planning control, and the bill
will result in Sealaska selecting about 25,000 fewer acres of old-
growth timber, traditionally the most sought after lands in the forest
and about 50,000 fewer acres of inventoried road less lands than might
have happened should Sealaska have stayed inside their original
selection boundaries, lands that were designated for selection by the
corporation in 1976. The problem with those lands, the reason why this
bill is so important for the public good, is that if Sealaska had to
select from those lands it would have had to select timber lands in the
Situk River Valley, the home to the nation's foremost steelhead stream.
It would have had to select lands in the Craig municipal watershed, key
fisheries habitat near Hoonah and Hydaburg and some 64,000 acres of
Old-Growth Habitat Reserves, four times more such land than
the corporation is taking by this bill. Those selections would have
been bad for the commercial and sport fishing industries, for tourism,
and for the environment. Equally important from Sealaska's viewpoint,
44 percent of the lands it had to select from by the 1976 selection
areas were located under water bodies, making the selection rights
worthless.
Sealaska may use part of its entitlement to select 76 cemetery sites
and historical places, but to address concerns from some stakeholders,
the bill reduces the number and acreage of cemetery sites and
historical places that Sealaska can file to receive. Acreage available
to Sealaska was reduced more than six fold, from 3,600 acres in the
original 2008 bill to a maximum of 490 acres. The total number of sites
was reduced from 206 in the original bill and all parks and wilderness
lands were placed off limits.
[[Page S776]]
This bill also confirms that all cemetery sites and historical places
will have to pass the existing historical review process before they
can be conveyed. The bill, again, prohibits the selection of cemetery
sites and historical places inside parks and conservation system units.
Sealaska will be required to consult with local tribes before applying
for conveyance of any sites, and the bill prohibits the transfer of
such sites to third parties and protects them from loss of Native
ownership in the event of any future financial claims against
Sealaska--the lands reverting to the Federal Government in the event of
financial issues. The bill also requires that Sealaska provide a 25-
foot easement to allow anyone to sport fish along any salmon stream
that crosses such new sites.
The bill allows Sealaska to receive nine small parcels of land that
Sealaska may use to help spur cultural tourism, ecotourism, or, in two
cases, renewable energy development near the communities of Yakutat,
Kake, and Hydaburg. The number of sites, totaling 1,099 acres, is
vastly reduced, considering more than 50 sites totaling 5,000 acres had
been considered in earlier versions of the legislation. The small
parcels all are within or near the so-called 10 selection boxes
established by a 1976 amendment to ANCSA. Five sites are in the Yakutat
area, where Sealaska currently owns no land on behalf of its tribal
member shareholders. The sites in the Yakutat area are at Crab Island,
North Dolgoi Island, Cannon Beach, Chicago Harbor and Redfield Lake.
Two sites are in the Kake area: Turnabout Island and East Payne Island.
There is a hydro site at Lake Josephine on Prince of Wales I and and a
final site for marine hydrokinetic development, ocean current energy,
on the northern tip of Dall Island at Turn Point-Tlevak Narrows'
revised bill removes all sites that drew concern from commercial
fishermen, small tour operators, environmental groups or local
communities in the Alaska Panhandle.
The compromise bill conveys three non-exclusive access easements to
Sealaska to use as traditional Native trade and migration routes in
Southeast. The bill, as revised, renames the routes to honor Alaska's
Tlingit and Haida Indians and the history of the region and provides
generally for public access. The Yakutat to Dry Bay trail will be
renamed ``Neix naax aan flax'' meaning, The Inside Passage; the Bay of
Pillars to Port Camden trail will be renamed the ``Yakwdeiyl'' trail,
meaning the Canoe Road; and the Portage Bay to Duncan Canal trail will
be renamed ``Lingit Deiyl,'' meaning the People's Road.
The bill requires Sealaska to share use of all forest roads with the
Forest Service and others, meaning that the government retains the
right to use the roads to access other timber sales, as do the public.
The bill maintains all of the access provisions granted by ANCSA and
includes provisions to make access rights workable for all.
It has taken years of really listening to the requests about this
bill and working through them one by one to find solutions, with the
past nearly two years involved in frequent negotiations among the
Forest Service, Democratic and Republican congressional staff,
Sealaska, environmental groups and other interest groups such as
commercial fishermen and timber operators. This is truly a compromise
piece of legislation. But it finally gets Sealaska its lands, protects
fisheries and wildlife, and helps maintain a timber industry in
Southeast Alaska.
This compromise, the direct result of years of negotiation, has a
host of good points. It will prevent ``high-grading'' of timber' the
practice where companies cut only the best timber lands, leaving lesser
quality lands behind. Sealaska's conveyances in the nine commercial
tracts called for in this bill: Calder, Election Creek, Cleveland
Peninsula, 12-Mile Arm, Tuexkan Island, Polk and MacKenzie Inlets,
Koscuisko Island, Keete, and Kuiu Island include only about 20,700
acres of large old-growth trees just 3.8 percent of the forest's
537,451 acres of such trees. Already 437,000 acres of large old-growth
trees, 81 percent, are protected in conservation areas within the 19.6-
million-acre national forest.
The bill likely will save the government money. In additional to
making Sealaska give up some $2 million of escrowed funds, the bill
means Sealaska, by getting about 25,000 acres of less valuable second-
growth, based on current timber prices, could be foregoing more than
$10 million of timber value, compared to if it had received all old-
growth trees--old-growth providing the most valuable habitat for
species in the forest like Sitka black-tailed deer, the Queen Charlotte
goshawk and wolves.
For Alaskans, the bill makes sure that more than 99 percent of the
lands Sealaska will be receiving are open for public access. That is
the opposite of what could happen if this bill does not pass, as then
Sealaska would be free to prevent the public from trespassing across
their new lands, like all other private land owners can post their
properties.
The changes between this version and previous versions of the measure
are far too many to list here. But briefly this bill reduces the number
and acreage of small parcels for economic diversification, once called
``Future'' sites. It reduces the number of new Native cemetery and
historical places that Sealaska could select, allowing only such sites
outside national parks or wilderness to be selected. The bill increases
public access provisions, prevents Sealaska from gaining potential
federal grants for management of the cemetery sites, removes a host of
questionable land selections on environmental grounds and revises
timber lands to protect subsistence hunting areas and resource
gathering spots.
As I say, I introduce this bill in a bipartisan manner with my Alaska
colleague, Senator Mark Begich again as a co-sponsor. It is a
reasonable bill and I hope it finally can pass both bodies of Congress,
it passing the House of Representatives in a somewhat different form in
2012 and become law. Southeast Alaska's Natives, which while the
largest group of Natives in Alaska in 1971, received the third smallest
land entitlement in the claims act 42 years ago. That was mostly
because much of the rest of the forest at the time was already
dedicated to long-term timber sale contracts. Now that those contracts
have been voided, it is only just and equitable that Alaska's first
inhabitants get a chance to select a little more of the land first
settled by their ancestors.
______
By Mr. REID (for himself and Mr. Heller):
S. 342. A bill to designate the Pine Forest Range Wilderness area in
Humboldt County, Nevada; to the Committee on Energy and Natural
Resources.
Mr. REID. 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. 342
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 ``Pine Forest Range Recreation
Enhancement Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Humboldt County,
Nevada.
(2) Map.--The term ``Map'' means the map entitled
``Proposed Pine Forest Wilderness Area'' and dated July 5,
2011.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(5) Wilderness.--The term ``Wilderness'' means the Pine
Forest Range Wilderness designated by section 3(a).
SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
26,000 acres of Federal land managed by the Bureau of Land
Management, as generally depicted on the Map, is designated
as wilderness and as a component of the National Wilderness
Preservation System, to be known as the ``Pine Forest Range
Wilderness''.
(b) Boundary.--
(1) Road access.--The boundary of any portion of the
Wilderness that is bordered by a road shall be 100 feet from
the edge of the road.
(2) Road adjustments.--The Secretary shall--
(A) reroute the road running through Long Meadow to the
west to remove the road from the riparian area;
(B) reroute the road currently running through Rodeo Flat/
Corral Meadow to the east to remove the road from the
riparian area; and
(C) close, except for administrative use, the road along
Lower Alder Creek south of Bureau of Land Management road
#2083.
[[Page S777]]
(3) Reservoir access.--The boundary of the Wilderness shall
be 160 feet downstream from the dam at Little Onion
Reservoir.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Wilderness.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Withdrawal.--Subject to valid existing rights, the
Wilderness is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 4. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Livestock.--The grazing of livestock in the Wilderness,
if established before the date of enactment of this Act,
shall be allowed to continue, subject to such reasonable
regulations, policies, and practices as the Secretary
considers to be necessary 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 Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405).
(c) Incorporation of Acquired Land and Interests.--Any land
or interest in land within the boundary of the Wilderness
that is acquired by the United States after the date of
enactment of this Act shall be added to and administered as
part of the Wilderness.
(d) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness shall not preclude the conduct of the activities
or uses outside the boundary of the Wilderness.
(e) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
Wilderness, including military overflights that can be seen
or heard within the Wilderness;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the Wilderness.
(f) Wildfire, Insect, and Disease Management.--In
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), the Secretary may take such measures in
the Wilderness as are necessary for the control of fire,
insects, and diseases (including, as the Secretary determines
to be appropriate, the coordination of the activities with a
State or local agency).
(g) Wildfire Management Operations.--Nothing in this Act
precludes a Federal, State, or local agency from conducting
wildfire management operations (including operations using
aircraft or mechanized equipment).
(h) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in the Wilderness if the Secretary determines that
the facilities and access to the facilities are essential to
flood warning, flood control, or water reservoir operation
activities.
(i) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as wilderness by this Act is
located--
(i) in the semiarid region of the Great Basin; and
(ii) at the headwaters of the streams and rivers on land
with respect to which there are few, if any--
(I) actual or proposed water resource facilities located
upstream; and
(II) opportunities for diversion, storage, or other uses of
water occurring outside the land that would adversely affect
the wilderness values of the land;
(B) the land designated as wilderness by this Act is
generally not suitable for use or development of new water
resource facilities; and
(C) because of the unique nature of the land designated as
wilderness by this Act, it is possible to provide for proper
management and protection of the wilderness and other values
of land in ways different from those used in other laws.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the land designated as wilderness by
this Act by means other than a federally reserved water
right.
(3) Statutory construction.--Nothing in this Act--
(A) constitutes an express or implied reservation by the
United States of any water or water rights with respect to
the Wilderness;
(B) affects any water rights in the State (including any
water rights held by the United States) in existence on the
date of enactment of this Act;
(C) establishes a precedent with regard to any future
wilderness designations;
(D) affects the interpretation of, or any designation made
under, any other Act; or
(E) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions
water among and between the State and other States.
(4) Nevada water law.--The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the Wilderness.
(5) New projects.--
(A) Definition of water resource facility.--
(i) In general.--In this paragraph, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, transmission
and other ancillary facilities, and other water diversion,
storage, and carriage structures.
(ii) Exclusion.--In this paragraph, the term ``water
resource facility'' does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--Except
as otherwise provided in this Act, on or after the date of
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new water resource facility within a
wilderness area, any portion of which is located in the
County.
SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the Blue Lakes
and Alder Creek wilderness study areas not designated as
wilderness by section 3(a) have been adequately studied for
wilderness designation.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness by this Act--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable land
use plans adopted under section 202 of that Act (43 U.S.C.
1712).
SEC. 6. WILDLIFE MANAGEMENT.
(a) In General.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act
affects or diminishes the jurisdiction of the State with
respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
Wilderness.
(b) Management Activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management activities in
the Wilderness that are necessary to maintain or restore fish
and wildlife populations and the habitats to support the
populations, if the activities are carried out--
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) appropriate policies, such as those set forth in
Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101-405),
including the occasional and temporary use of motorized
vehicles if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
with the minimal impact necessary to reasonably accomplish
those tasks.
(c) Existing Activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in
accordance with appropriate policies such as those set forth
in Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (House Report 101-405), the
State may continue to use aircraft, including helicopters, to
survey, capture, transplant, monitor, and provide water for
wildlife populations in the Wilderness.
(d) Hunting, Fishing, and Trapping.--
(1) In general.--The Secretary may designate areas in
which, and establish periods during which, for reasons of
public safety, administration, or compliance with applicable
laws, no hunting, fishing, or trapping will be permitted in
the Wilderness.
[[Page S778]]
(2) Consultation.--Except in emergencies, the Secretary
shall consult with the appropriate State agency and notify
the public before taking any action under paragraph (1).
(e) Cooperative Agreement.--
(1) In general.--The State, including a designee of the
State, may conduct wildlife management activities in the
Wilderness--
(A) in accordance with the terms and conditions specified
in the cooperative agreement between the Secretary and the
State entitled ``Memorandum of Understanding between the
Bureau of Land Management and the Nevada Department of
Wildlife Supplement No. 9'' and signed November and December
2003, including any amendments to the cooperative agreement
agreed to by the Secretary and the State; and
(B) subject to all applicable laws (including regulations).
(2) References; clark county.--For the purposes of this
subsection, any reference to Clark County in the cooperative
agreement described in paragraph (1)(A) shall be considered
to be a reference to the Wilderness.
SEC. 7. LAND EXCHANGES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means Federal
land in the County that is identified for disposal by the
Secretary through the Winnemucca Resource Management Plan.
(2) Non-federal land.--The term ``non-Federal land'' means
land identified on the Map as ``non-Federal lands for
exchange''.
(b) Acquisition of Land and Interests in Land.--Consistent
with applicable law and subject to subsection (c), the
Secretary may exchange the Federal land for non-Federal land.
(c) Conditions.--Each land exchange under subsection (a)
shall be subject to--
(1) the condition that the owner of the non-Federal land
pay not less than 50 percent of all costs relating to the
land exchange, including the costs of appraisals, surveys,
and any necessary environmental clearances; and
(2) such additional terms and conditions as the Secretary
may require.
(d) Deadline for Completion of Land Exchange.--It is the
intent of Congress that the land exchanges under this section
be completed by not later than 5 years after the date of
enactment of this Act.
SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.
Nothing in this Act alters or diminishes the treaty rights
of any Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b)).
______
By Mr. REID (for himself and Mr. Heller):
S. 343. A bill to provide for the conveyance of certain Federal land
in Clark County, Nevada, for the environmental remediation and
reclamation of the Three Kids Mine Project Site, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. REID. 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. 343
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 ``Three Kids Mine Remediation
and Reclamation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 948 acres of Bureau of Reclamation and Bureau
of Land Management land within the Three Kids Mine Project
Site, as depicted on the map.
(2) Hazardous substance; pollutant or contaminant;
remedy.--The terms ``hazardous substance'', ``pollutant or
contaminant'', and ``remedy'' have the meanings given those
terms in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(3) Henderson redevelopment agency.--The term ``Henderson
Redevelopment Agency'' means the redevelopment agency of the
City of Henderson, Nevada, established and authorized to
transact business and exercise the powers of the agency in
accordance with the Nevada Community Redevelopment Law (Nev.
Rev. Stat. 279.382 to 279.685).
(4) Map.--The term ``map'' means the map entitled ``Three
Kids Mine Project Area'' and dated February 6, 2012.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Nevada.
(7) Three kids mine project site.--The term ``Three Kids
Mine Project Site'' means the approximately 1,262 acres of
land that is--
(A) comprised of--
(i) the Federal land; and
(ii) the approximately 314 acres of adjacent non-Federal
land; and
(B) depicted as the ``Three Kids Mine Project Site'' on the
map.
SEC. 3. LAND CONVEYANCE.
(a) In General.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), not later than 90 days after the date on which
the Secretary determines that the conditions described in
subsection (b) have been met, and subject to valid existing
rights and applicable law, the Secretary shall convey to the
Henderson Redevelopment Agency all right, title, and interest
of the United States in and to the Federal land.
(b) Conditions.--
(1) Appraisal; fair market value.--
(A) In general.--As consideration for the conveyance under
subsection (a), the Henderson Redevelopment Agency shall pay
the fair market value of the Federal land, if any, as
determined under subparagraph (B) and as adjusted under
subparagraph (F).
(B) Appraisal.--The Secretary shall determine the fair
market value of the Federal land based on an appraisal--
(i) that is conducted in accordance with nationally
recognized appraisal standards, including--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice; and
(ii) that does not take into account any existing
contamination associated with historical mining on the
Federal land.
(C) Remediation and reclamation costs.--
(i) In general.--The Secretary shall prepare a reasonable
estimate of the costs to assess, remediate, and reclaim the
Three Kids Mine Project Site.
(ii) Considerations.--The estimate prepared under clause
(i) shall be--
(I) based on the results of a comprehensive Phase II
environmental site assessment of the Three Kids Mine Project
Site prepared by the Henderson Redevelopment Agency or a
designee that has been approved by the State; and
(II) prepared in accordance with the current version of the
ASTM International Standard E-2137-06 entitled ``Standard
Guide for Estimating Monetary Costs and Liabilities for
Environmental Matters''.
(iii) Assessment requirements.--The Phase II environmental
site assessment prepared under clause (ii)(I) shall, without
limiting any additional requirements that may be required by
the State, be conducted in accordance with the procedures
of--
(I) the most recent version of ASTM International Standard
E-1527-05 entitled ``Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process'';
and
(II) the most recent version of ASTM International Standard
E-1903-11 entitled ``Standard Guide for Environmental Site
Assessments: Phase II Environmental Site Assessment
Process''.
(iv) Review of certain information.--
(I) In general.--The Secretary shall review and consider
cost information proffered by the Henderson Redevelopment
Agency and the State in the preparation of the estimate under
this subparagraph.
(II) Final determination.--If there is a disagreement among
the Secretary, Henderson Redevelopment Agency, and the State
over the reasonable estimate of costs under this
subparagraph, the parties shall jointly select 1 or more
experts to assist the Secretary in making the final estimate
of the costs.
(D) Deadline.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall begin the
appraisal and cost estimates under subparagraphs (B) and (C),
respectively.
(E) Appraisal costs.--The Henderson Redevelopment Agency
shall reimburse the Secretary for the costs incurred in
performing the appraisal under subparagraph (B).
(F) Adjustment.--The Secretary shall administratively
adjust the fair market value of the Federal land, as
determined under subparagraph (B), based on the estimate of
remediation, and reclamation costs, as determined under
subparagraph (C).
(2) Mine remediation and reclamation agreement executed.--
(A) In general.--The conveyance under subsection (a) shall
be contingent on--
(i) the Secretary receiving from the State written
notification that a mine remediation and reclamation
agreement has been executed in accordance with subparagraph
(B); and
(ii) the Secretary concurring, by the date that is 30 days
after the date of receipt of the written notification under
clause (i), that the requirements under subparagraph (B) have
been met.
(B) Requirements.--The mine remediation and reclamation
agreement required under subparagraph (A) shall be an
enforceable consent order or agreement between the State and
a party obligated to perform under the consent order or
agreement administered by the State that--
(i) obligates a party to perform, after the conveyance of
the Federal land under this Act, the remediation and
reclamation work at the Three Kids Mine Project Site
necessary to ensure all remedial actions necessary to protect
human health and the environment with respect to any
hazardous substances, pollutant, or contaminant will be
taken, in accordance with all Federal, State, and local
requirements; and
(ii) contains provisions determined to be necessary by the
State, including financial assurance provisions to ensure the
completion of the remedy.
(3) Notification from agency.--As a condition of the
conveyance under subsection (a), not later than 90 days after
the date of execution of the mine remediation and reclamation
agreement required under paragraph (2),
[[Page S779]]
the Henderson Redevelopment Agency shall submit to the
Secretary written notification that the Henderson
Redevelopment Agency is prepared to accept conveyance of the
Federal land under subsection (a).
SEC. 4. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, for the
10-year period beginning on the earlier of the date of
enactment of this Act or the date of the conveyance required
by this Act, the Federal land is withdrawn from all forms
of--
(1) entry, appropriation, operation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and the geothermal leasing laws.
(b) Existing Reclamation Withdrawals.--Subject to valid
existing rights, any withdrawal under the public land laws
that includes all or any portion of the Federal land for
which the Bureau of Reclamation has determined that the
Bureau of Reclamation has no further need under applicable
law is relinquished and revoked solely to the extent
necessary--
(1) to exclude from the withdrawal the property that is no
longer needed; and
(2) to allow for the immediate conveyance of the Federal
land as required under this Act.
(c) Existing Reclamation Project and Permitted
Facilities.--Except as provided in subsection (a), nothing in
this Act diminishes, hinders, or interferes with the
exclusive and perpetual use by the existing rights holders
for the operation, maintenance, and improvement of water
conveyance infrastructure and facilities, including all
necessary ingress and egress, situated on the Federal land
that were constructed or permitted by the Bureau of
Reclamation before the effective date of this Act.
SEC. 5. ACEC BOUNDARY ADJUSTMENT.
Notwithstanding section 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713), the boundary of the
River Mountains Area of Critical Environmental Concern (NVN
76884) is adjusted to exclude any portion of the Three Kids
Mine Project Site consistent with the map.
SEC. 6. RESPONSIBILITIES OF THE PARTIES.
(a) Responsibility of Parties to Mine Remediation and
Reclamation Agreement.--On completion of the conveyance under
section 3, the responsibility for complying with the mine
remediation and reclamation agreement executed under section
3(b)(2) shall apply to the parties to the agreement.
(b) Savings Provision.--If the conveyance under this Act
has occurred, but the terms of the agreement executed under
section 3(b)(2) have not been met, nothing in this Act--
(1) affects the responsibility of the Secretary to take any
additional response action necessary to protect public health
and the environment from a release or the threat of a release
of a hazardous substance, pollutant, or contaminant; or
(2) unless otherwise expressly provided, modifies, limits,
or otherwise affects--
(A) the application of, or obligation to comply with, any
law, including any environmental or public health law; or
(B) the authority of the United States to enforce
compliance with the requirements of any law or the agreement
executed under section 3(b)(2).
______
By Mr. ROCKEFELLER (for himself, Mr. Manchin, and Mrs.
Gillibrand):
S. 348. A bill to provide for increased Federal oversight of
prescription opioid treatment and assistance to States in reducing
opioid abuse, diversion, and deaths; to the Committee on Health,
Education, Labor, and Pensions.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce a piece of
legislation that is desperately needed in West Virginia and across the
country--the Prescription Drug Abuse Prevention and Treatment Act of
2013. It is an important bill aimed at addressing the rapid increase in
deaths and overdoses from methadone and other opioid prescription drugs
in the United States. These deaths have hit my home State of West
Virginia particularly hard, but I know that every State is struggling
with this serious problem.
In the 111th Congress, Senator Corker and I, along with our
colleague, the late Senator Kennedy, introduced the Methadone Treatment
and Protection Act of 2009--a similar piece of legislation that stemmed
from a disturbing rise in deaths due to methadone, a synthetic opioid
prescription drug that had been increasingly used for pain management.
Before 1990, it was used primarily to treat opioid addiction. Because
of its high efficacy and low cost, methadone is frequently used for
pain management. However, if not used correctly, methadone can be a
powerful and deadly drug because it works differently than other
painkillers. Methadone stays in a person's body for a longer period of
time than the pain relief lasts so a person who does not know better
might take far too much of the drug, possibly leading to respiratory
distress, cardiac arrhythmia and even death.
Methadone prescriptions for pain management grew from about 531,000
in 1998 to about 4.1 million in 2006--nearly eightfold. During that
time, poisoning deaths involving methadone increased nearly sevenfold
from almost 790 in 1999 to 5,420 in 2006. Deaths from other opioids
have also skyrocketed in the last decade. These deaths may actually be
underreported, because there is no comprehensive reporting system for
opioid-related deaths in the United States.
Overdoses from methadone are part of a larger disturbing trend of
overdoses and deaths from prescription painkillers, or opioid drugs--a
trend driven by a knowledge gap about how to treat serious pain in a
safe and effective manner, by misperceptions about the safety of
prescription drugs, and by the diversion of prescription drugs for
illicit uses. In 2009, there were nearly 4.6 million drug-related
emergency department, ED, visits of which nearly one half, 45.1
percent, or 2.1 million were attributed to prescription drug misuse or
abuse, according to data from the Drug Abuse Warning Network, DAWN.
Emergency department visits involving misuse or abuse of
pharmaceuticals nearly doubled between 2004 and 2009, to more than 1.2
million visits.
This bill takes multiple steps to address these problems. First, with
respect to the knowledge gap about safe pain management, the bill
includes a training requirement for health care professionals to be
licensed to prescribe these powerful drugs. Currently, the Controlled
Substances Act requires that every person who dispenses or who proposes
to dispense controlled narcotics, including methadone, whether for pain
management or opioid treatment, obtain a registration from the Drug
Enforcement Administration, DEA. But, there is no requirement as a
condition of receiving the registration that these practitioners
receive any education on the use of these controlled narcotics,
including methadone. Physicians struggle every day with determining who
has a real need for pain treatment, and who is addicted or at risk.
They struggle with our failure to provide adequate treatment facilities
for those who are addicted. This bill will help physicians get the
information they need to prescribe safely and better recognize the
signs of addiction in their patients.
Second, this bill addresses the knowledge gap among consumers--with a
competitive grant program to States to distribute culturally sensitive
educational materials about proper use of methadone and other opioids,
and how to prevent opioid abuse, such as through safe disposal of
prescription drugs. Preference will be given to states with a high
incidence of overdoses and deaths.
Third, this bill creates a Controlled Substances Clinical Standards
Commission to establish patient education guidelines, appropriate and
safe dosing standards for all forms of methadone and other opioids,
benchmark guidelines for the reduction of methadone abuse, appropriate
conversion factors for transitioning patients from one opioid to
another, and guidelines for the initiation of methadone and other
opioids for pain management. A standards commission will provide much-
needed evidence-based information to improve guidance for the safe and
effective use of these powerful and dangerous controlled substances.
Fourth, this bill provides crucial support to state prescription drug
monitoring programs. As of 2008, 38 states had enacted legislation
requiring prescription drug monitoring programs and many states were
able to fund these initiatives in part from grants available through
the Harold Rogers Prescription Drug Monitoring Program. A second
program created in 2005 through the National All Schedules Prescription
Electronic Reporting Act, NASPER, would provide even more assistance,
and requires interoperability among states to reduce doctor shopping
across state lines and diversion. Unfortunately, NASPER has only
recently been funded with $2 million in the fiscal year 2009 Omnibus
legislation and $2 million in fiscal year 2010.
Here is just one example of why NASPER funding matters: recently, the
governor of Florida announced a
[[Page S780]]
budget that would not fund a planned prescription monitoring program in
his State, due to State budget difficulties. This directly affects
States in Appalachia because of the rampant drug trafficking between
the two regions. In fact, the roads from West Virginia to Florida are
well-travelled by drug traffickers and people seeking pain medication.
It is crucial to finally give NASPER the funding it needs, and this
legislation would do so, with $25 million a year to establish
interoperable prescription drug monitoring programs within each state.
Fifth, this bill requires that quality standards be developed across
the range of providers engaged in the prevention and treatment of
prescription drug abuse. It is essential as we move ahead that quality
always be front and center in our efforts. With lives at risk, this is,
if anything, only more important in the areas of addiction prevention
and treatment. Every effort to address this problem must be as
effective as possible, and the development of quality standards
required by this bill will make sure that each provider, regardless of
his or her background or approach, can provide high caliber services to
their patients.
Finally, this bill would help solve the data gap when it comes to
opioid-related deaths. Right now there is no comprehensive national
database of drug-related deaths in the United States, nor is there a
standard form for medical examiners to fill out with regard to opioid-
related deaths. Since there is no comprehensive database of methadone-
related deaths, the number of deaths may actually be underreported. To
truly reduce the number of methadone-related deaths, quality data must
be collected and made available. This bill would create a National
Opioid Death Registry to track all opioid-related deaths and related
information, and establish a standard form for medical examiners to
fill out which would include information for the National Opioid Death
Registry.
Today we have an opportunity to change the harrowing statistics and
stem the rising tide of deaths from methadone and other opioids by
supporting the Prescription Drug Abuse Prevention and Treatment Act of
2013. This legislation provides a multifaceted approach to preventing
tragic overdoses and deaths from methadone and other opioids. This is
exactly what we need to improve the coordination of efforts and
resources at the local, state, and federal levels.
I urge my colleagues to support this timely and important piece of
legislation. In doing so, we will be on our way to saving lives and
reducing the needless deaths that otherwise will continue to cause so
much suffering for too many individuals, families, and communities in
this country.
______
By Mr. REED (for himself, Mr. Blumenthal, Mr. Whitehouse, and Mr.
Murphy):
S. 349. A bill to amend the Wild and Scenic Rivers Act to designate a
segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in
the States of Connecticut and Rhode Island for study for potential
addition to the National Wild and Scenic Rivers System, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. REED. Mr. President, today I am reintroducing, along with my
colleagues Senators Blumenthal, Whitehouse, and Murphy legislation to
authorize the National Park Service to evaluate portions of the Beaver,
Chipuxet, Queen, Wood, and Pawcatuck Rivers located in Rhode Island and
Connecticut for possible inclusion in the National Wild and Scenic
Rivers System. Our legislation seeks to highlight the need for greater
resources to protect and restore the health of these rivers by studying
their recreational, natural, and historical qualities and determining
if they are suitable for designation as Wild and Scenic Rivers.
The Wood-Pawcatuck Watershed is a national treasure that holds
recreational and scenic value. In the 1980s, the National Park
Service's Rivers and Trails Conservation Assistance Program conducted a
planning and conservation study which found, in part, that the waters
of the Wood and Pawcatuck Rivers corridor ``are the cleanest and purest
and its recreational opportunities are unparalleled by any other river
system in the state.''
The rivers also provide opportunities for recreation and tourism that
contribute to the economy of the local communities, while offering ways
to explore our American heritage throughout the watershed. The
experiences one can enjoy range from visiting Native American fishing
grounds to seeing Colonial and early industrial mill ruins. The rivers
are also a prime location for outdoor activities like trout fishing,
canoeing, bird watching, and hiking.
I have long been a supporter of protecting and restoring Southern New
England's riverways and estuaries, including the Narragansett Bay. The
study proposed in our legislation is an important part of the process
in determining future opportunities for protection and recreational
enjoyment of the rivers in the Wood-Pawcatuck watershed. It would also
help Rhode Island and Connecticut continue their stewardship of these
rivers, and greatly enhance existing state and local efforts to
preserve and manage this ecosystem.
Indeed, partnerships are essential for the successful restoration and
management of our natural resources, and it is anticipated that this
study would be conducted in close cooperation with the communities,
state agencies, local governments, and private organizations that are
stakeholders in the process. The partnership-based approach also allows
for development of a proposed river management plan, which could
address issues ranging from fish passage to the restoration of wetlands
to assist with flood mitigation, as well as balance the preservation of
the natural resources with the recreational opportunities that
contribute to the local economies.
I commend Representatives Langevin, Cicilline, and Courtney for
introducing similar legislation in the other body. I look forward to
working with them and all of my colleagues to pass this bill to
initiate the process that will evaluate the Wood-Pawcatuck Watershed
for inclusion in the National Wild and Scenic Rivers System.
______
By Mr. WYDEN (for himself and Mr. Merkley):
S. 352. A bill to provide for the designation of the Devil's
Staircase Wilderness Area in the State of Oregon, to designate segments
of Wasson and Franklin Creeks in the State of Oregon as wild rivers,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. WYDEN. Mr. President, today I rise to re-introduce three bills
that will better protect unique and important areas in the beautiful
state of Oregon. Two of these passed out of the Senate Energy and
Natural Resources Committee the last two Congresses. I am pleased to
again be joined on these bills with my colleague from Oregon, Senator
MerklEy. I look forward to working with Senator Merkley, other
colleagues and other supporters of the bills to keep up the fight for
these special places in Oregon.
The first bill I am introducing--the Oregon Caves Revitalization Act
of 2013--will enhance the existing Oregon Caves National Monument to
protect this majestic site for future generations. The bill expands the
boundary of the National Park Service land to create the Oregon Caves
National Monument and Preserve.
A Presidential Proclamation in 1909 established 480 acres of natural
wonder as the Oregon Caves National Monument in the botanically-rich
Siskiyou Mountains. At the time, the focus was on the unique subsurface
resources, and the small, rectangular boundary was thought to be
adequate to protect the cave. However, scientific research has since
provided much greater insight into the cave's ecology and its
hydrological processes, for which 480 acres is inadequate. The National
Park Service formally proposed boundary modification numerous times--in
1939, 1949, and 2000.
My bill expands protections in and around the Oregon Caves National
Monument. The entirety of the Cave Creek Watershed would be included in
the park site, transferring management of 4,070 acres of United States
Forest Service land to the National Park Service. Hunters will still
have recreational access to this land since it will be designated a
Preserve.
And the expansion of the Monument's boundary would be incomplete
[[Page S781]]
without protecting the water that enters the cave so as to preserve the
cave's resources. My legislation would designate at least 9.6 miles of
rivers and tributaries as Wild, Scenic, or Recreational, under the
federal Wild and Scenic Rivers Act--including the first Wild and Scenic
subterranean river, the ``River Styx.'' A perennial stream, the River
Styx--an underground portion of Cave Creek--flows through part of the
cave and is one of the dynamic natural forces at work in the National
Monument. In addition, this bill would authorize the retirement of
existing grazing allotments. The current grazing permitee, Phil
Krouse's family, has had the Big Grayback Grazing Allotment, 19,703
acres, since 1937. Mr. Krouse has publicly stated that he would look
favorably upon retirement with private compensation for his allotment,
which my legislation will allow to proceed.
The Oregon Caves National Monument offers important contributions to
Southern Oregon and the nation. The cave ecosystem provides habitat for
one of the highest concentrations of biological diversity anywhere. And
as the longest marble cave open to the public west of the Continental
Divide, the Monument receives over 80,000 visitors annually. A larger
Monument boundary will help showcase more fully the recreational
opportunities on the above-ground lands within the proposed Monument
boundary.
I want to express my thanks to the conservation and business
communities of southern Oregon, who have worked diligently to protect
these lands and waters.
My second bill is the Devil's Staircase Wilderness Act of 2013. Under
this bill, approximately 30,500 acres of rugged, wild, pristine, and
remote land surrounding the Wasson Creek area will be designated
wilderness. In fact the area is so rugged that federal land managers
have withdrawn this landslide-prone forest from all timber activity
numerous times. At the heart of this coastal rainforest lies Devil's
Staircase, a crystal clear waterfall that cascades over slab after slab
of sandstone. The Devil's Staircase proposal typifies what Wilderness
in Oregon is all about.
The proposed Devil's Staircase Wilderness is the finest old-growth
forest remaining in Oregon's Coast Range, boasting huge Douglas-fir,
cedar and hemlock. The ecological significance of this treasure is as
clear as the water running through Devil's Staircase. The land is
protected as a Late-Successional Reserve by the Northwest Forest Plan,
as critical habitat for the northern spotted owl and marbled murrelet,
and as an Area of Critical Environmental Concern by the Bureau of Land
Management. Preserving these majestic forests as Wilderness for their
wildlife and spectacular scenery not only matches the goals of the
existing land management plans but also permanently protects this
natural gem for future generations. The wilderness designation is
needed to protect these areas permanently.
My bill would not only protect the forests surrounding Wasson Creek
but would also designate approximately 4.5 miles of Franklin Creek and
approximately 10.1 miles of Wasson Creek as Wild and Scenic Rivers.
Franklin Creek, a critically important tributary to the Umpqua River,
is one of the best examples of pristine salmon habitat left in Oregon.
Together with Wasson Creek, these two streams in the Devil's Staircase
area deserve Wild and Scenic River designation by Congress.
The third bill I am introducing is the Oregon Treasures Act of 2013.
This bill seeks to provide protections for five significant areas in
Oregon. They are the Chetco River, the Molalla River, the Rogue River,
and Horse Heaven and Cathedral Rock. Each of these parts of the bill
aim to protect natural treasures in Oregon, preserve them for use and
enjoyment for generations to come, and build upon the economic
opportunities they provide for their local communities.
The Oregon Treasures Act of 2013 includes a provision to protect two
of Oregon's natural treasures, Cathedral Rock and Horse Heaven. This
wilderness designation has been introduced in the two most recent
Congresses. The Cathedral Rock and Horse Heaven wilderness proposal
will do more than simply protect these areas. It will also help
Oregon's economy, because visitors from all over the world come to my
state to experience firsthand the unique scenic beauty of place like
the lands preserved by this bill.
This legislation will consolidate what is currently a splintered
ownership of land in this area and protect 17,340 acres of new
Wilderness along the Lower John Day River. The fractured land ownership
in this area makes it difficult for visitors to fully appreciate these
areas when they hike, fish or hunt there because of the scattered and
misunderstood lines of private and public ownership. This bill will
solve that problem and make these lands more inviting to visitors while
giving the landowners more contiguous property to call home.
The area in question is stunning. The Cathedral Rock and Horse Heaven
Wilderness proposals encompass dramatic basalt cliffs and rolling hills
of juniper, sagebrush and native grasses. These new areas build on the
desert Spring Basin Wilderness that was established in 2009 as a result
of legislation I introduced, and are located directly across the John
Day River from Spring Basin.
With 500 miles of undammed waters, the John Day River is the second-
longest free-flowing river in the continental United States and is a
place that is cherished by Oregonians. The Lower John Day Wild and
Scenic River offers world-class opportunities for outdoor recreation as
well as crucial wildlife habitat for elk, mule deer, bighorn sheep and
native fish such as salmon and steelhead trout. Through land
consolidation between public and private landowners, this legislation
will allow for better management and easier public access for this
important natural treasure. With the current fragmentation of public
and private land ownership in the area, river campsites are limited.
Many federal lands among them can't be reached by the hikers, campers
and other outdoors recreationists who could most appreciate them. With
the equal-value land exchanges included in this bill, public lands
would be consolidated into two new Wilderness areas. This would enhance
public safety, improve land management, and increase public access and
recreational opportunities. I want to recognize that some have raised
concerns about the lack of roaded access to Cathedral Rock. I have
engaged the private landowners on this issue to seek a solution.
Whatever the outcome, I do know that the Cathedral Rock and Horse
Heaven proposal will create an incredible, new heritage for public
lands recreationists who are an important factor in keeping Oregon's
economy healthy and thriving.
Rafters of the John Day River can attest to the need for more
campsites and public access to the Cathedral Rock area. Backcountry
hunters will be able to scan the hillsides for elk, deer and game-birds
without having to worry about accidentally trespassing on someone's
private land. Anglers will be able to access nearly 5 miles of the John
Day River that today are only reachable from privately owned lands.
Likewise, such a solution ensures that local landowners can manage
their lands effectively without running across unwitting trespassers.
One good example of the value of these land swaps is Young Life's
Washington Family Ranch. This Ranch is home to a Christian youth camp
that welcomes over 20,000 kids to the lower John Day area each year.
This bill sets out private and public land boundaries that can be
clearly seen on the ground and these boundaries create a safer area for
campers on the Ranch; this serves the children who visit the area well
and ensures the continued viability of the Ranch, which, in turn,
provides big economic dividends to the local community.
The Cathedral Rock and Horse Heaven Wilderness proposal is described
as ``win-win-win'' by many stakeholders--nearly five miles of new river
access for the public and protected land for outdoor enthusiasts;
better management for private landowners and public agencies; and
important habitat protections for sensitive and endangered species.
This proposal is an example of the positive solutions that can result
when varied, bipartisan interests in a community come together to craft
solutions that will work for everyone. I especially want to thank the
Oregon Natural Desert Association, Young Life, and Matt Smith for their
role in developing this collaborative solution
[[Page S782]]
that will benefit all Oregonians. The Cathedral Rock and Horse Heaven
Wilderness areas will help make sure that this rural area will enjoy
the benefits that permanently connecting these disparate pieces of
natural landscape will bring for generations to come.
Additionally the Oregon Treasures Act protects the Chetco River. For
over a decade, I've advocated for protections for the Chetco and other
threatened waterways in Southwest Oregon. Part of the Oregon Treasures
Act of 2013 would withdraw about three miles of the Chetco River from
mineral entry, while upgrading the designations for some portions.
This river is under persistent threat from out-of-state suction
dredge miners. In 2010, the group American Rivers listed the Chetco as
the seventh most endangered river in the country because of those
threats. Withdrawing these portions of the river from future mineral
entry will prevent future harmful mining claims and make sure that
those claims that already exist are valid.
The Chetco is also hugely important for salmon habitat and local
sport fishing. The passage of this legislation would mean protecting
that habitat, and promoting the continued success of the fishing
industry throughout the West Coast. I am pleased the Obama
administration has taken some steps to protect this area, but the
passage of this legislation is needed to ensure long-term protection
for this important river.
Next, the Oregon Treasures Act of 2013 would add 60,000 acres of new
wilderness to the existing Wild Rogue Wilderness. The Wild Rogue
Wilderness expansion would protect habitat for bald eagles, osprey,
spotted owls, bear, elk, cougar, wild coho, wild Chinook, wild
steelhead, green sturgeon, and many others. The Wild Rogue Wilderness
and the Rogue River that runs through it embody one of the nation's
premier recreation destinations, famous for the free flowing waters
which provide numerous rafting and fishing opportunities.
The headwaters of the Rogue River start in one of Oregon's other
great gems--Crater Lake National Park--and the river ultimately empties
into the Pacific Ocean, near Gold Beach on Oregon's southwest coast.
Along that stretch, the Rogue River flows through one of the most
spectacular canyons and diverse natural areas in the United States. The
Rogue River is a world class rafting river, offering everything from
one day trips to week long trips through deep forested canyons. On the
land, the Rogue River trail is also one of Oregon's most renowned
backpacking routes.
The legislation would also protect an additional 143 miles of
tributaries that feed the Rogue River with cold clean water. Of that
number, 93 miles would be designated Wild and Scenic Rivers and an
additional 50 miles would be protected from mining. The areas receiving
protection include Galice Creek, Little Windy Creek, Jenny Creek, Long
Gulch and 36 other tributaries of the Rogue. The Rogue River is one of
Oregon's most iconic and beloved rivers. It is a river that teems with
salmon leaping up rapids to spawn, and finds rafters down those very
same rapids at other times of the year.
I previously introduced legislation to protect the Rogue River
tributaries in the last three Congresses. Since it was first
introduced, I have worked with the timber industry and conservationists
to find a compromise that protects one of America's treasures with
additional wilderness designations and more targeted protections for
the Rogue's tributaries. I am pleased that 95 local businesses--and
over 120 organizations and business in total--support protecting the
Wild Rogue, and that support grows every day. Many of those businesses
directly benefit from the Wild Rogue and the Rogue River. As I often
say, protecting these gems is not just good for the environment, but
also good for the economy. These protected landscapes are powerhouses
of the recreation economy that draws visitors from around the world to
this region and the Rogue River is one of Oregon's most important sport
and commercial fisheries. The Wild Rogue is the second largest salmon
fishery in Oregon behind the Columbia. The Wild Rogue provides the
quality of life and recreational opportunities that create an economic
engine that attracts businesses and brings in tourists from around the
world. The Rogue River supports more than 400 local jobs in nearby
communities like Grants Pass.
By protecting the Wild Rogue landscape and the tributaries that feed
the mighty Rogue River, Congress will ensure that future generations
can raft, fish, hike and enjoy the Wild Rogue as it is enjoyed today
and that the recreational economy of this region remains strong.
Lastly, there is another provision in the bill to designate segments
of Oregon's Molalla River as Wild and Scenic. An approximately 15.1-
mile segment of the Molalla River and an approximately 6.2-mile segment
of Table Rock Fork Molalla River would be designated as a recreational
river under the Wild and Scenic Rivers Act.
Including these river segments would protect a popular Oregon
destination that provides abundant recreational activities that help
fuel the recreation economy that is so important to the communities
along the river. The scenic beauty of the Molalla River provides a
backdrop for hiking, mountain biking, camping, and horseback riding,
while the waters of the river are a popular destination for fishing,
kayaking, and whitewater rafting enthusiasts. This legislation would
not only preserve this area as a recreation destination, but would also
protect the river habitat of the Chinook salmon and Steelhead trout,
along with the wildlife habitat surrounding the river, home to the
northern spotted owl, the pileated woodpecker, golden and bald eagles,
deer, elk, the pacific giant salamander, and many others. The Molalla
River is also the source of clean drinking water for the towns of
Molalla and Canby, Oregon. Protecting the approximately 21.3 miles of
the Molalla River will provide the residents of these Oregon towns with
the assurance that they will continue to receive clean drinking water.
I would like to reiterate my continued appreciation for the Molalla
River Alliance--a coalition of more than 48 member-organizations that
recognize that this river is a jewel and have set out to protect it.
This Alliance made sure that irrigators, city councilors, the mayor,
businesses and environmentalists all came together on this.
Oregon's wildlands play an increasingly important role in the
economic development of our state, especially in traditionally rural
areas east of the Cascades. Visitors come from thousands of miles away
to hike, fish, raft and hunt in Oregon's desert Wilderness. Beyond
tourism, the rich quality of life and the diverse natural amenities
that we enjoy as Oregonians are key to attracting new businesses to
Oregon. And with all these bills, I express my gratitude for the many
groups and individuals who have worked diligently to protect these
special places. I look forward to working with Senator Merkley,
Representative DeFazio, Representative Schrader and other colleagues
and the bill's other supporters to keep up the fight for these unique
places in Oregon and get these pieces of legislation to the President's
desk for his signature.
______
By Mr. CARDIN (for himself, Mr. Graham, Mr. Leahy, Ms. Klobuchar,
Mrs. Boxer, Mr. Blumenthal, Mr. Whitehouse, Ms. Heitkamp, and
Mr. Durbin):
S. 357. A bill to encourage, enhance, and integrate Blue Alert plans
throughout the United States in order to disseminate information when a
law enforcement officer is seriously injured or killed in the line of
duty; to the Committee on the Judiciary.
Mr. CARDIN. Mr. President, I rise today to introduce the National
Blue Alert Act of 2013.
Every day, more than 900,000 Federal, State and local law enforcement
officers put their lives on the line to keep our communities safe.
Unfortunately these officers can become targets for criminals and those
seeking to evade our justice system, and we must make sure our officers
have all the tools they need to protect themselves and each other.
Each year thousands of law enforcement officers are assaulted while
performing their duties and dozens lose their lives. According to the
Federal Bureau of Investigation, FBI, 72 law enforcement officers were
feloniously killed in the line of duty in 2011. This
[[Page S783]]
is an unacceptable level of violence against our law enforcement
officers, and we must act now to better protect them.
This is why I am introducing the National Blue Alert Act of 2013
today, and thank Senators Graham, Leahy, Klobuchar, Boxer, Blumenthal,
Whitehouse, Heitkamp, and Durbin for joining me as co-sponsors of this
important legislation.
The Blue Alert system provides for rapid dissemination of information
about criminal suspects who have injured or killed law enforcement
officers. The Blue Alert system would only be used in the case of the
death or serious injury of a law enforcement officer, where the suspect
has not been apprehended, and where there is sufficient descriptive
information of the suspect and any vehicles involved. This information
can be used by local law enforcement, the public and the media to help
facilitate capture of such offenders and ultimately reduce the risk
they pose to our communities and law enforcement officers.
A National Blue Alert will encourage, enhance and integrate blue
alert plans throughout the United States in order to effectively
disseminate information notifying law enforcement, media and the public
that a suspect is wanted in connection with an attack on a law
enforcement officer.
Currently there is no national alert system that provides immediate
information to other law enforcement agencies, the media or the public
at large. Many states have created a state blue alert system in an
effort to better inform their local communities. The State of Maryland,
under the leadership of Governor Martin O'Malley, created their Blue
Alert system in 2008 after the murder of Maryland State Trooper Wesley
Brown. Blue Alert programs have been created in 18 states so far
including: Washington, California, Utah, Colorado, Oklahoma, Texas,
Ohio, Kentucky, Tennessee, Mississippi, Alabama, Georgia, South
Carolina, Florida, Virginia, Maryland, Montana, and Delaware.
The National Blue Alert Act will provide police officers and other
emergency units with the ability to react quickly to apprehend violent
offenders and will complement the work being done by Attorney General
Holder in his Law Enforcement Officer Safety Initiative.
The purpose of our National Blue Alert legislation is to keep our law
enforcement officers and our communities safe. And based on the success
of the AMBER Alert and the SILVER Alert, I believe this BLUE Alert will
be equally successful in helping to apprehend criminal suspects who
have seriously injured or killed our law enforcement officers.
I am also pleased to say this legislation has the endorsement of the
Fraternal Order of Police, the National Association of Police
Organizations, the Federal Law Enforcement Officers Association, the
Concerns of Police Survivors, and the Sergeants Benevolent Association
of the New York City Police Department. Passing this legislation can
help us live up to our commitment to help better protect those who
serve us.
______
By Mr. WYDEN (for himself, Mr. Paul, Mr. McConnell, and Mr.
Merkley):
S. 359. A bill to amend the Controlled Substances Act to exclude
industrial hemp from the definition of marihuana, and for other
purposes; to the Committee on the Judiciary.
Mr. WYDEN. Mr. President, I am pleased to be joined by Senators Paul,
McConnell, and Merkley in introducing the Industrial Hemp Farming Act
of 2013.
As some folks will recall, I introduced a similar bill as an
amendment to the Senate Farm Bill last year in an attempt to empower
American farmers and increase domestic economic activity.
Unfortunately, this amendment didn't receive a vote. Doubly unfortunate
is the fact that a senseless regulation that flunks the common-sense
test is still on our nation's books.
Members of Congress hear a lot about how dumb regulations are hurting
economic growth and job creation. The current ban on growing industrial
hemp makes no sense at all, and what is worse, this regulation is
hurting job creation in rural America and increasing our trade deficit.
If my colleagues take the time to learn about this outrageous
restriction on free enterprise, I am sure most senators would say that
what I am talking about is the poster child for dumb regulation.
The only thing standing in the way of taking advantage of this
profitable crop is a lingering misunderstanding about its use. The bill
my colleagues and I have filed will end this ridiculous regulation.
Right now, the United States is importing over $10 million in hemp
products to use in textiles, foods, paper products, and construction
materials. We are importing a crop that U.S. farmers could be
profitably growing right here at home, if not for government rules
prohibiting it.
Our neighbors to the north certainly see the potential for this
product. In 2010, the Canadian government injected over $700,000 into
their blossoming hemp industry to increase the size of their hemp crop
and fortify the inroads they have made into U.S. markets. It was a good
bet. U.S. imports have consistently grown over the past decade,
increasing by 300 percent in 10 years, and from 2009 to 2010 they grew
35 percent. The number of acres in Canada devoted to growing hemp
nearly doubled from 2011 to 2012. So it should come as no surprise that
the United States imports around 90 percent of its hemp from Canada.
Now, I know it is tough for some members of Congress to talk about
hemp and not connect it to marijuana. I want to point out that even
though they come from the same species of plant, there are major
differences between them.
You know, the Chihuahua and St. Bernard come from the same species,
too, Canis lupus familiaris, but no one is going to confuse them. Also,
the domestic dog is a subspecies of the gray wolf, Canis lupus, and no
one is going to confuse those two either. So let's recognize the real
differences between hemp and marijuana, and focus on the benefits from
producing domestically the hemp we already use.
Under our bill, the production of industrial hemp would still be
regulated, but it would be done by States, not the Federal Government.
Pro-hemp legislation has been introduced in eight states, and several
others have already removed barriers to industrial hemp production.
Under our bill, industrial hemp is defined as having extremely low THC
levels: it has to be 0.3 percent or less. The lowest commercial grade
marijuana typically has 5% THC content. The bottom line is that no one
is going to get high on industrial hemp. To guarantee that won't be the
case, our legislation allows the U.S. Attorney General to take action
if a state law allows commercial hemp to exceed the maximum 0.3 percent
THC level.
Hemp has been a profitable commodity in many other countries. In
addition to Canada, Australia also permits hemp production and the
growth in that sector helped their agricultural base survive when the
tobacco industry dried up. Over 30 countries in Europe, Asia, and North
and South America currently permit farmers to grow hemp, and China is
the world's largest producer.
In fact, the U.S. is the only industrialized nation that prohibits
farmers from growing hemp. This seems silly considering that we are the
world's leading consumer of hemp products, with total sales of food,
health and beauty products exceeding $52 million in 2012, with 16.5
percent growth over 2011.
My home State of Oregon is home to some major manufacturers of hemp
products, including Living Harvest, one of the largest hemp foods
producers in the country. Business has been so brisk there that the
Portland Business Journal recently rated them as one of the fastest-
growing local companies.
There are similar success stories in many states. One company in
North Carolina has begun incorporating hemp into building materials,
reportedly making them both stronger and more environmentally friendly.
Another company in California produces hemp-based fiberboard.
No country is better than the U.S. at developing, perfecting, and
expanding markets for its products. As that market grows, it should be
domestically-produced hemp that supplies its growth.
[[Page S784]]
I would like to share with colleagues an editorial by one of the
leading newspapers in my state, the Bend Bulletin. Here's what they had
to say about legalizing industrial hemp: ``producers of hemp products
in the United States are forced to import it. That denies American
farmers the opportunity to compete in the market. It is like
surrendering the competitive edge to China and Canada, where it can be
grown legally.''
The Bend Bulletin's editorial went on to say: ``Legalizing industrial
hemp does not have to be a slippery slope toward legalizing marijuana.
It can be a start toward removing regulatory burdens limiting Oregon
farmers from competing in the world market.''
The opportunities for American farmers and businesses are obvious
here. Let's boost revenues for farmers and reduce the costs for
businesses around the country that use this product. Let's put more
people to work growing and processing an environmentally-friendly crop,
with a ready market in the United States. For all the reasons I just
described, I urge my colleagues to join Senators Paul, McConnell, and
Merkley and me by cosponsoring this bill.
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. 359
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 ``Industrial Hemp Farming Act
of 2013''.
SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF
MARIHUANA.
Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended--
(1) in paragraph (16)--
(A) by striking ``(16) The'' and inserting ``(16)(A) The'';
and
(B) by adding at the end the following:
``(B) The term `marihuana' does not include industrial
hemp.''; and
(2) by adding at the end the following:
``(57) The term `industrial hemp' means the plant Cannabis
sativa L. and any part of such plant, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis.''.
SEC. 3. INDUSTRIAL HEMP DETERMINATION BY STATES.
Section 201 of the Controlled Substances Act (21 U.S.C.
811) is amended by adding at the end the following:
``(i) Industrial Hemp Determination.--If a person grows or
processes Cannabis sativa L. for purposes of making
industrial hemp in accordance with State law, the Cannabis
sativa L. shall be deemed to meet the concentration
limitation under section 102(57), unless the Attorney General
determines that the State law is not reasonably calculated to
comply with section 102(57).''.
______
By Mr. WYDEN (for himself, Ms. Murkowski, Mr. Begich, Mr. Crapo,
Mr. Risch, and Mr. Merkley):
S. 363. A bill to expand geothermal production, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, I rise today to introduce the Geothermal
Expansion Production Act of 2013. This legislation is the same as a
bill reported favorably by voice vote by the Senate Committee on Energy
and Natural Resources during the 112th Congress. This bill has bi-
partisan support, with Senators Murkowski, Begich, Crapo, Risch, and
Merkley, joining me as original cosponsors. The legislation will help
to encourage the production of geothermal energy from public lands.
With limited exceptions, current law requires that all Federal lands
to be leased for the development of geothermal resources be offered on
a competitive basis. BLM must hold a competitive lease sale every 2
years. If bids are not received for the lands offered, BLM must offer
the lands on a noncompetitive basis for 2 years.
This legislation extends the authority for noncompetitive leasing in
cases where a geothermal developer wants to gain access to Federal land
immediately adjacent to land on which that developer has proven that
there is a geothermal resource that will be developed. This will allow
a geothermal project to expand onto adjacent land, if necessary, to
increase the amount of geothermal energy it can develop. It will also
add to the royalties and rents that the project pays to the U.S.
Treasury.
The reason for this legislation is to allow the rapid expansion of
already identified geothermal resources without the additional delays
of competitive leasing and without opening up those adjacent properties
to speculative bidders who have no interest in actually developing the
resource, only in extracting as much money as they can from the
existing geothermal developer.
The bill is not a give away at taxpayer expense. The bill limits the
amount of adjacent Federal land that can be leased to 640 acres. This
lease on Federal land must be acquired at fair-market value. The bill
also requires the lease holder to pay the higher annual rental rate
associated with competitive leases even though this new parcel is not
being competitively leased. Again, the purpose of this higher rental
rate is to ensure that taxpayers will get the revenue due to them from
the use of their public lands.
I hope that my colleagues will join me in supporting this important
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record as follows:
S. 363
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 ``Geothermal Production
Expansion Act of 2013''.
SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR
DEVELOPMENT OF GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term `fair market
value per acre' means a dollar amount per acre that--
``(I) except as provided in this clause, shall be equal to
the market value per acre (taking into account the
determination under subparagraph (B)(iii) regarding a valid
discovery on the adjoining land) as determined by the
Secretary under regulations issued under this paragraph;
``(II) shall be determined by the Secretary with respect to
a lease under this paragraph, by not later than the end of
the 180-day period beginning on the date the Secretary
receives an application for the lease; and
``(III) shall be not less than the greater of--
``(aa) 4 times the median amount paid per acre for all land
leased under this Act during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term `industry standards'
means the standards by which a qualified geothermal
professional assesses whether downhole or flowing temperature
measurements with indications of permeability are sufficient
to produce energy from geothermal resources, as determined
through flow or injection testing or measurement of lost
circulation while drilling.
``(iii) Qualified federal land.--The term `qualified
Federal land' means land that is otherwise available for
leasing under this Act.
``(iv) Qualified geothermal professional.--The term
`qualified geothermal professional' means an individual who
is an engineer or geoscientist in good professional standing
with at least 5 years of experience in geothermal
exploration, development, or project assessment.
``(v) Qualified lessee.--The term `qualified lessee' means
a person that may hold a geothermal lease under this Act
(including applicable regulations).
``(vi) Valid discovery.--The term `valid discovery' means a
discovery of a geothermal resource by a new or existing slim
hole or production well, that exhibits downhole or flowing
temperature measurements with indications of permeability
that are sufficient to meet industry standards.
``(B) Authority.--An area of qualified Federal land that
adjoins other land for which a qualified lessee holds a legal
right to develop geothermal resources may be available for a
noncompetitive lease under this section to the qualified
lessee at the fair market value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1 acre and not more than
640 acres; and
``(II) is not already leased under this Act or nominated to
be leased under subsection (a);
``(ii) the qualified lessee has not previously received a
noncompetitive lease under this paragraph in connection with
the valid discovery for which data has been submitted under
clause (iii)(I); and
``(iii) sufficient geological and other technical data
prepared by a qualified geothermal professional has been
submitted by the qualified lessee to the applicable Federal
land management agency that would lead individuals who are
experienced in the subject matter to believe that--
``(I) there is a valid discovery of geothermal resources on
the land for which the
[[Page S785]]
qualified lessee holds the legal right to develop geothermal
resources; and
``(II) that thermal feature extends into the adjoining
areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any request to lease land under
this paragraph;
``(II) determine fair market value for purposes of this
paragraph in accordance with procedures for making those
determinations that are established by regulations issued by
the Secretary;
``(III) provide to a qualified lessee and publish, with an
opportunity for public comment for a period of 30 days, any
proposed determination under this subparagraph of the fair
market value of an area that the qualified lessee seeks to
lease under this paragraph; and
``(IV) provide to the qualified lessee and any adversely
affected party the opportunity to appeal the final
determination of fair market value in an administrative
proceeding before the applicable Federal land management
agency, in accordance with applicable law (including
regulations).
``(ii) Limitation on nomination.--After publication of a
notice of request to lease land under this paragraph, the
Secretary may not accept under subsection (a) any nomination
of the land for leasing unless the request has been denied or
withdrawn.
``(iii) Annual rental.--For purposes of section 5(a)(3), a
lease awarded under this paragraph shall be considered a
lease awarded in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after the date
of enactment of the Geothermal Production Expansion Act of
2013, the Secretary shall issue regulations to carry out this
paragraph.''.
______
By Ms. MURKOWSKI:
S. 366. A bill to amend the Omnibus Budget Reconciliation Act of 1993
to require the Bureau of Land Management to provide a claimant of a
small miner waiver from claim maintenance fees with a period of 60 days
after written receipt of 1 or more defects is provided to the claimant
by registered mail to cure the 1 or more defects or pay the claim
maintenance fee, and for other purposes; to the Committee on Energy and
Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise today to reintroduce legislation
to clarify Federal mining law and remedy a problem that has arisen from
the extension process for ``small'' miner mineral claims.
Under revisions to the Federal Mining Law of 1872, 30 U.S.C. 28(f),
holders of unpatented mineral claims must pay a claim maintenance fee
originally set at $100 per claim by a deadline, set by regulation, of
September 1st each year. Since 2004 that fee has risen. But Congress
also has provided a claim maintenance fee waiver for ``small'' miners,
those who hold 10 or fewer claims, that they do not have to submit the
fee, but that they must file to renew their claims and submit an
affidavit of annual labor, work conducted on the claim, each year,
certifying that they had performed more than $100 of work on the claim
in the preceding year, 30 U.S.C. 28f(d)(1). The waiver provision
further states: ``If a small miner waiver application is determined to
be defective for any reason, the claimant shall have a period of 60
days after receipt of written notification of the defect or defects by
the Bureau of Land Management to: cure such defect or defects or pay
the $100 claim maintenance fee due for such a period.''
Since past revisions of the law, there have been a series of
incidents where miners have argued that they submitted their
applications and affidavits of annual labor in a timely manner, but due
to clerical error by BLM staff, mailing delays or for unexplained
reasons, the applications or documents were not recorded as having been
received in a timely fashion. In that case BLM has terminated the
claims, deeming them null and void. While mining claim holders have
argued that the law provides them time to cure claim defects, BLM has
argued that the cure only applies when applications or fees have been
received in a timely manner. Thus, there is no administrative remedy
for miners who believe that clerical errors by BLM or mail issues
resulted in loss or the late recording of claim extension applications
and paperwork.
There have been a number of cases where Congress has been asked to
override BLM determinations and reinstate mining claims simply because
of the disputes over whether the claims had been filed in a timely
manner. Congress in 2003 reinstated such claims in a previous Alaska
case. Claims in two other incidents were reinstated following a U.S.
District Court case in the 10th Circuit first in 2009 in the case of
Miller v. United States and secondly earlier this year in a second
Alaska case. Legislation to correct the provision to prevent this
problem in the future actually cleared the Senate in 2007, but did not
ultimately become law.
In the past two Congresses I have introduced legislation intended to
short circuit continued litigation and pleas for claim reinstatement by
clarifying the intent of Congress that miners do have to be informed
that their claims are in jeopardy of being voided and given 60 days
notice to cure defects, including giving them time to submit their
applications and to submit affidavits of annual labor, should their
submittals not be received and processed by BLM officials on time. If
all defects are not cured within 60 days, the obvious intent of
Congress in passing the original act, then claims still are subject to
voidance. But this administration has opposed the legislation arguing
that it would be too expensive to notify all small miners who fail to
file their small miner waiver documents on time and giving them time to
solve the defect prior to the loss of their claims. It has even been
suggested that giving small miners simple due process would just
encourage miners to ignore the deadline for filing for their fee
waivers.
I find the cost complaint unpersuasive. Many Federal departments and
agencies, the Federal Communication Commission, as one example,
routinely sends out notices on permit and license applications. The FCC
sends out hundreds of thousands of such notices to Americans who have
small radio licenses expiring yearly, warning them that they need to
file applications for license renewal. The Bureau of Land Management
certainly should be able to afford a few hundred 50-cent stamps to
perform a similar service. Given the value of claims placed at risk and
the bother, inconvenience and fear of loss of claims, it is highly
unlikely that miners would avoid filing their waiver paperwork on time
just because a notification process was clearly in place before claims
could be terminated.
So today I reintroduce legislation to solve the notification issue
and include language to remedy an injustice to one of my constituents
who has lost his rights to nine mineral claims on the Kenai Peninsula,
near Hope, Alaska. The transition language would reinstate claims for
Mr. John Trautner, who has lost title to claims that he had held from
1982 to 2004. Mr. Trautner suffered this loss even though he had a
consistent record of having paid the annual labor assessment fee for
the previous 22 years. The local BLM office did have a time-date-
stamped record that the maintenance fee waiver certification form had
been filed weeks before the deadline but just not a record that the
affidavit of annual labor had arrived when he dropped it office in the
Anchorage office at the same time.
This legislation, supported in the past by the Alaska Miners
Association, will clarify that small miners do have a right to simple
due process to be able to have a chance to file their small miner
waiver applications in the event of mistakes in processing, rather than
immediately lose their rights to patented mining claims without
effective appeal or recourse. I appreciate that the Justice Department
and BLM Jan. 22, 2013 reinstated claims owned by Alaskans Don and Judy
Mullikins of Nome, finally reversing a decision that they should lose
their claims following a 2009 application filing incident. But the
legal expense, bother and uncertainty that the Mullikins went through
in getting their claims reinstated are clear reasons why Congress
should clarify past changes to the small miner waiver provision and
permit claims to be retained in the event of clerical errors or honest
mistakes by claim holders in missing the deadline for filings. Such a
change would simply provide justice for small miners.
______
By Mr. RUBIO (for himself, Mr. Hatch, Mr. Blunt, Mr. Paul, Mr.
Risch, Mr. Grassley, Mr. Johanns, Mr. Burr, Mrs. Fischer, Mr.
Boozman, Mr. Wicker, Mr. Corker, Mr. Inhofe, Mr. Roberts, Mr.
Coburn, Mr. Enzi, Mr. Chambliss, Mr. McConnell, Mr. Vitter, Mr.
Moran, Mr. Graham, Mr. Cruz, and Mr. Cornyn):
[[Page S786]]
S. 369. A bill to amend title 18, United States Code, to prohibit
taking minors across State lines in circumvention of laws requiring the
involvement of parents in abortion decisions; to the Committee on the
Judiciary.
Mr. HATCH. Mr. President, I am proud to stand with my friend from
Florida, Senator Rubio, as he introduces an important piece of
legislation, the Child Interstate Abortion Notification Act. This bill,
which is being introduced in the House by Rep. Ileana Ros-Lehtinen of
Florida, is based on the belief that children should not make profound
life-changing decisions by themselves and that parents are generally in
the best and most responsible position to help them.
One of the many disturbing ironies in the abortion debate is that
parental consent is needed for such things as tattoos or school
fieldtrips but not always for abortions that will end one life and
change another forever. Abortion advocates say that abortion should be
treated as any other surgical procedure many of them oppose doing so
when it comes to parental consent.
What is worse, there are individuals and organizations out there who
appear to care more about money than about kids. They are willing to
help young girls get abortions by any means necessary, including taking
them to other States without the knowledge or consent of their parents.
Mind you, those same parents will be responsible for the aftermath, for
the physical, emotional, and spiritual consequences of the abortion. If
parents are to be responsible at the end, they have the right to be
there at the beginning.
If it were possible, just for a moment, to take the abortion politics
out of the picture, every parent knows that kids have to develop over
time the judgment and maturity to make decisions. No one is more
committed to them, no one has more love for them, no one has more
responsibility for them than their parents.
This bill has two parts. First, it prohibits taking a minor across
state lines for an abortion if doing so evades the parental involvement
law in her home State. In the 109th Congress, this portion of our bill
passed the Senate with 65 bipartisan votes. More than 80 percent of our
fellow Americans support it. Second, this bill requires abortionists to
notify parents of an out-of-state minor before performing an abortion.
Without this common sense requirement, abortion providers and advocates
actually advertise how minors in states that require parental
involvement can get abortions elsewhere. This perverse practice
undermines parents and puts young girls at greater risk. Fifty-seven
Senators of both parties, including 23 still serving in this body
today, voted for cloture on this combined bill in 2006.
I urge my colleagues to read the bill. It does not apply when an
abortion is necessary to save a girl's life or if the girl is a victim
of abuse or neglect. Again, please read the bill. It is carefully
drafted with the appropriate exceptions and safeguards in order to
focus on what unites the vast majority of Americans, that parents
should be involved before their child has an abortion. The majority of
states have laws requiring parental involvement and, with its
interstate component, this bill is a legitimate and constitutional way
for Congress to help protect children and support parents.
______
By Mr. COCHRAN (for himself and Ms. Mikulski):
S. 370. A bill to improve and expand geographic literacy among
kindergarten through grade 12 students in the United States by
improving professional development programs for kindergarten through
grade 12 teachers offered through institutions of higher education; to
the Committee on Health, Education, Labor, and Pensions.
Mr. COCHRAN. Mr. President, today I am introducing the Teaching
Geography is Fundamental Act. I am pleased to be joined by my friend
from Maryland, Ms. Mikulski. The purpose of this bill is to improve
geographic literacy among K-12 students in the United States by
supporting professional development programs administered by
institutions of higher education for K-12 teachers. The bill also
assists states in measuring the impact of geography education.
Ensuring geographic literacy prepares students to be good citizens of
both our nation and the world. John Fahey, Chairman and CEO of the
National Geographic Society, once stated that, ``Geographic illiteracy
impacts our economic well-being, our relationships with other nations
and the environment, and isolates us from the world.'' When students
understand their own environment, they can better understand the
differences in other places and the people who live in them. Knowledge
of the diverse cultures, environments, and distances between states and
countries helps our students to understand national and international
policies, economies, societies and political structures on a global
scale.
To expect that Americans will be able to work successfully with other
people around the world, we need to be able to communicate and
understand each other. It is a fact that we have a global marketplace,
and we need to be preparing our younger generation for competition in
the international economy. A strong base of geographic knowledge
improves these opportunities.
In a report prepared for leading Internet company, Google, the study
estimated that geography service industries generate up to $270 billion
every year. Geographic knowledge is increasingly needed for U.S.
businesses in electronic mapping, satellite imagery, and location-based
navigation to understand such factors as physical distance, time zones,
language differences and cultural diversity among project teams.
Additionally, geospatial technology is an emerging career field
available to people with an extensive background in geography
education. Professionals in geospatial technology are employed in
federal government agencies, the private sector and the non-profit
sector and focus on areas such as agriculture, archeology, ecology,
land appraisal and urban planning and development. It is important to
improve and expand geography education so that students in the United
States can attain the necessary expertise to fill and retain the
estimated 70,000 new skilled jobs that are becoming available each year
in the geospatial technology industry.
Former Secretary of State Colin Powell once said, ``To solve most of
the major problems facing our country today--from wiping out terrorism,
to minimizing global environmental problems, to eliminating the scourge
of AIDS--will require every young person to learn more about other
regions, cultures, and languages.'' We need to do more to ensure that
the teachers responsible for the education of our students, from
kindergarten through high school graduation, are trained and prepared
to teach the critical skills necessary to solve these problems.
Over the last 15 years, the National Geographic Society has awarded
more than $100 million in grants to educators, universities, geography
alliances, and others for the purposes of advancing and improving the
teaching of geography. Their models are successful, and research shows
that students who have benefited from this teaching outperform other
students. State geography alliances exist in 26 States and the District
of Columbia, endowed by grants from the Society. But, their efforts
alone are not enough.
In my home State of Mississippi, teachers and university professors
are making progress to increase geography education in schools through
additional professional training. Based at the University of
Mississippi, hundreds of geography teachers are members of the
Mississippi Geography Alliance. The Mississippi Geography Alliance
conducts regular workshops for graduate and undergraduate students who
are preparing to be certified to teach elementary through high school-
level geography in our State. These workshops have provided
opportunities for model teaching sessions and discussion of best
practices in the classroom.
The bill I am introducing establishes a Federal commitment to enhance
the education of our teachers, focuses on geography education research,
and develops reliable, advanced technology based classroom materials. I
hope the Senate will consider the seriousness of the need to invest in
geography, and I invite other Senators to cosponsor the Teaching
Geography is Fundamental Act.
[[Page S787]]
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By Mr. REED (for himself, Mr. Whitehouse, Ms. Warren, and Mr.
Cowan):
S. 371. A bill to establish the Blackstone River Valley National
Historical Park, to dedicate the Park to John H. Chafee, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. REED. Mr. President, today I am reintroducing legislation with my
colleagues Senators Whitehouse, Warren, and Cowan that would create the
Blackstone River Valley National Historical Park. Our legislation seeks
to preserve the industrial, natural, and cultural heritage of the
Blackstone Valley, assist local communities by providing economic
development opportunities, and build upon the foundation of the John H.
Chafee Blackstone River Valley National Heritage Corridor.
In 1793, Samuel Slater began the American Industrial Revolution in
Rhode Island when he built his historic mill along the Blackstone
River. Today, the mills and villages found throughout the John H.
Chafee Blackstone River Valley National Heritage Corridor in Rhode
Island and Massachusetts stand as witnesses to this important era of
American history.
Not only is the Blackstone Valley a window to our nation's past but
it is also includes thousands of acres of pristine, undeveloped land
and waterways that are home to a diverse ecosystem.
The combined efforts of the National Park Service and Federal, State,
and local officials in our or two states, along with dedicated
volunteers, have rejuvenated the communities within the Corridor and
renewed interest in the rich history of the Blackstone River and
valley. This kind of economic and environmental revitalization is
indicative of the tradition of the valley in its successful reinvention
over the past two centuries.
For example, the Ashton Mill in Cumberland is an excellent
illustration of local redevelopment. With the designation of the
National Heritage Corridor, the cleanup of the river, the creation of
the state park, and the construction of the Blackstone River Bikeway,
the property was restored for adaptive reuse as rental apartments. Once
again, the mill and its village are a vital part of the greater
Blackstone valley community.
I have been pleased over the years to help support the preservation
and renewed development of the Blackstone River Valley.
In 2005, I cosponsored legislation with former Senator Lincoln
Chafee, now our State's governor, requiring the completion of a Special
Resource Study to determine which areas within the Corridor were of
national significance and possibly suitable for inclusion in the
National Park System. After extensive input from local stakeholders and
historians, in 2011 the completed study recommended the creation of a
new unit of the National Park System.
The legislation I am reintroducing today with my colleagues from
Rhode Island and Massachusetts seeks to establish the two-state
partnership park described in the study, with sites including the
Blackstone River and its tributaries, the Blackstone Canal, the
historic district of Old Slater Mill in Pawtucket, the villages of
Slatersville and Ashton in Rhode Island, the villages of Whitinsville
and Hopedale in Massachusetts, and the Blackstone River State Park. The
National Park Service would partner with the local coordinating entity
of the surrounding Heritage Corridor, the Blackstone River Valley
National Heritage Corridor, Inc. That non-profit would then lead
efforts with other regional and local groups to preserve the
surrounding rural and agriculture landscape within the greater
Blackstone River Valley.
Creating a national historic park will enable us to safeguard our
cultural heritage for future generations; improve the use and enjoyment
of the area's resources, including outdoor education for young people;
enhance opportunities for economic development; and increase protection
of the most important and nationally significant cultural and natural
resources of the Blackstone River Valley.
I am proud that this park would be dedicated to my late colleague
John H. Chafee, who worked tirelessly for many years, along with others
in Rhode Island and Massachusetts, to protect and preserve the
Blackstone River Valley.
I look forward to working with my colleagues to pass this legislation
to establish the Blackstone River Valley National Historical Park.
____________________