[Congressional Record Volume 159, Number 53 (Thursday, April 18, 2013)]
[Senate]
[Pages S2799-S2805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORNYN:
S. 764. A bill to amend title XXVII of the Public Health Service Act
to require the disclosure of information regarding how certain taxes
and fees impact the amount of premiums, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. CORNYN. 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. 764
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 ``Patients' Right to Know Act
of 2013''.
SEC. 2. DISCLOSURE OF HEALTH INSURANCE INFORMATION TO
CONSUMERS.
(a) In General.--Section 2715 of the Public Health Service
Act (42 U.S.C. 300gg-15) is amended by adding at the end the
following new subsection:
``(h) Disclosure of Health Insurance Information to
Consumers.--
``(1) In general.--A health insurance issuer or sponsor of
a group health plan, through its annual summary of benefits
and coverage explanation provided under subsection (d),
through an Internet website, or through some other written
means of communication with the consumer such as a printed
mailing--
``(A) shall include the disclosure (effective for plan
years beginning on or after January 1, 2016, and in addition
to the information required to be disclosed under this
section) of--
``(i) the applicable additional information relating to
fees described in paragraph (2); and
``(ii) the applicable additional information included under
paragraph (3)(D); and
``(B) shall not be subject to any administrative action by
the Secretary or by a State authority with respect to any
disclosure made on or after the date of the enactment of this
subsection of such applicable additional information if the
disclosure is made based upon a good faith estimates of such
information and is in accordance with such standards as the
Secretary may establish to carry out this subsection.
``(2) Fee information.--The additional information
described in this paragraph, with respect to a health
insurance issuer issuing health insurance coverage in the
individual, small, or large group market and with respect to
the sponsor of a group health plan, is as follows:
``(A) Fee on health insurance providers.--The annual fee on
health insurance providers under section 9010 of the Patient
Protection and Affordable Care Act (26 U.S.C. 4001 note).
``(B) PCORI tax.--Fees imposed under subchapter B of
chapter 34 of the Internal Revenue Code of 1986 (relating to
funding the Patient-Centered Outcome Research Institute).
``(C) Reinsurance contributions.--Reinsurance contributions
required under section 1341(b) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18061(b)).
``(D) Proposed health insurance exchange user fee.--Fees
imposed on health plans relating to participation in an
Exchange under subtitle D of title I of the Patient
Protection and Affordable Care Act (42 U.S.C. 18021 et seq.).
``(E) Risk corridor payments.--Risk corridor payments
required under section 1342(b)(2) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18062(b)(2)).
``(F) Risk adjustment charges.--Risk adjustment charges
imposed under section 1343(a)(1) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18063(a)(1)).
In the case of health insurance coverage, such costs may be
calculated separately for such coverage in the individual
market, in the small group market, and in the large group
market for the health insurance issuer involved.
``(3) Other information.--
[[Page S2800]]
``(A) Study.--The Comptroller General of the United States
shall conduct a study of methods of calculating the impact on
average premium costs associated with each of the following:
``(i) Market impact of guaranteed issue and community
rating.--The requirement for guaranteed issuance of coverage
under section 2702 and community rated premiums under section
2701.
``(ii) Age rating impact.--The requirement of section
2701(a)(1)(A)(iii) (relating to limitations on age rating).
``(iii) Preventive services.--The requirement for coverage
of preventive services under section 2713.
``(iv) Minimum essential health benefits coverage.--The
requirement that coverage provide for at least 60 percent of
the actuarial value of essential health benefits under
section 1302(d) of the Patient Protection and Affordable Care
Act. (42 U.S.C. 18022(d)).
``(B) Consultation.--In conducting such study, the
Comptroller General shall consult with health insurance
issuers and State health insurance commissioners.
``(C) Report.--Not later than October 1, 2014, the
Comptroller General shall submit to each House of Congress
and the Secretary a report on the study conducted under
subparagraph (A).
``(D) Inclusion of additional information.--After
submission of such report, the Secretary may also include in
the information required to be disclosed under paragraph
(1)(A)(ii) information on the impact on premiums of each of
the requirements described in subparagraph (A).
``(4) Retention of state rate setting authority.--Nothing
in this subsection shall be construed to preempt State
authority to regulate, reject, alter, or require additional
information in support of rates for health insurance coverage
or oversight authority of the Secretary.
``(5) Disclosure to the general public.--The Secretary
shall make the information provided by a health insurance
issuer or sponsor of a group health plan as specified in
paragraph (2) and additional information included under
paragraph (3)(D) available to the general public through an
Internet website. In addition, such website shall include
information provided in the report submitted under paragraph
(3)(A).''.
______
By Mr. DURBIN (for himself, Ms. Stabenow, Mr. Udall of Colorado,
Ms. Warren, Mr. Bennet, Mr. Reed, Mr. Whitehouse, Mr. Sanders,
Mr. Harkin, Mrs. Boxer, Mrs. Murray, and Mr. Cardin):
S. 769. A bill to designate as wilderness certain Federal portions of
the red rock canyons of the Colorado Plateau and the Great Basin
Deserts in the State of Utah for the benefit of present and future
generations of people in the United States; to the Committee on Energy
and Natural Resources.
Mr. DURBIN. Mr. President, I rise today to introduce America's Red
Rock Wilderness Act of 2013. This legislation continues our commitment
to preserve natural resources in this country.
America's Red Rock Wilderness Act will designate as wilderness some
of our Nation's most remarkable, but currently unprotected public
lands. Bureau of Land Management, BLM, lands in Utah harbor some of the
largest and most remarkable roadless desert areas anywhere in the
world. Included in the 9.2 million acres I seek to protect are well
known landscapes, such as the Grand Staircase-Escalante National
Monument, and lesser known areas just outside Zion National Park,
Canyonlands National Park, and Arches National Park. Together this wild
landscape offers spectacular vistas of rare rock formations, canyons
and desert lands, important archaeological sites, and habitat for rare
plant and animal species.
I have visited many of the areas this act would designate as
wilderness. I can tell you that the natural beauty of these landscapes
is a compelling reason for Congress to grant these lands wilderness
protection. I have the honor of introducing legislation first
introduced by my friend and former colleague in the House of
Representatives, Wayne Owens. As a member of the Utah delegation,
Congressman Owens pioneered the Congressional effort to protect Utah's
red rock wilderness. He did this with broad public support, which still
exists not only in Utah, but in all corners of the Nation.
The wilderness designated in this bill was chosen based on more than
20 years of meticulous research and surveying. Volunteers have taken
inventories of thousands of square miles of BLM land in Utah to help
determine which lands should be protected. These volunteers provided
extensive documentation to ensure that these areas meet Federal
wilderness criteria. The BLM also completed an inventory of
approximately 7.5 million acres of the land that would be protected by
America's Red Rock Wilderness Act and agreed that the vast majority
qualify for wilderness designation.
For more than 20 years, Utah conservationists have been working to
add the last great blocks of undeveloped BLM-administered land in Utah
to the National Wilderness Preservation System. The more than 9 million
acres of lands that would be protected by this legislation surround
eleven of Utah's national park, monument and recreation areas. These
proposed BLM wilderness areas easily equal their neighboring national
parklands in scenic beauty, opportunities for recreation, and
ecological importance. Yet, unlike the parks, most of these scenic
treasures lack any form of long-term protection from commercial
development, damaging off-road vehicle use, or oil and gas exploration.
Americans understand the need for wise stewardship of these wild
landscapes. This legislation represents a realistic balance between the
need to protect our natural heritage and demand for energy. While
wilderness designation has been portrayed as a barrier to energy
independence, it is important to note that within the entire 9.2
million acres of America's Red Rock Wilderness Act the amount of
``technically recoverable'' undiscovered natural gas and oil resources
amounts to roughly 6 days of oil and a little more than three weeks of
natural gas at current consumption levels. In fact, protecting these
lands benefits local economies because of the recreational
opportunities they provide. In fact, for many Utah cities and counties,
outdoor recreation is the largest sector of the local economy providing
up to 44 percent of non-government jobs in the region.
Unfortunately, scientists have already begun to see the impacts of
global warming on public lands throughout the West. Hotter and drier
conditions, larger wildfires, shrinking water resources, the spread of
invasive species, soil erosion, and dust storms are all expected to
increase over the next century. These threats make the need to protect
the remaining undisturbed landscapes and wildlife habitats in Utah's
red rock wilderness even more urgent.
America's Red Rock Wilderness Act is a lasting gift to the American
public. By protecting this serene yet wild land we are giving future
generations the opportunity to enjoy the same untrammeled landscape
that so many now cherish.
I would like to thank my colleagues who are original cosponsors of
this measure. Original cosponsors are Debbie Stabenow, Mark Udall,
Elizabeth Warren, Michael Bennet, Jack Reed, Sheldon Whitehouse,
Bernard Sanders, Tom Harkin, Barbara Boxer, Patty Murray, and Benjamin
Cardin. Additionally, I would like to thank the Utah Wilderness
Coalition, which includes The Wilderness Society, the Sierra Club, the
Natural Resources Defense Council, Earthjustice, and the Wasatch
Mountain Club, the Southern Utah Wilderness Alliance, the Outdoor
Industry Association and all of the other national, regional and local,
hard-working groups who, for years, have championed this legislation.
Theodore Roosevelt once stated:
The Nation behaves well if it treats the natural resources
as assets which it must turn over to the next generation
increased and not impaired in value.
Enactment of this legislation will help us realize Roosevelt's
vision. To protect these precious resources in Utah for future
generations, I urge my colleagues to support America's Red Rock
Wilderness Act.
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. 769
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Red Rock Wilderness Act of 2013''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Great Basin Wilderness Areas.
[[Page S2801]]
Sec. 102. Grand Staircase-Escalante Wilderness Areas.
Sec. 103. Moab-La Sal Canyons Wilderness Areas.
Sec. 104. Henry Mountains Wilderness Areas.
Sec. 105. Glen Canyon Wilderness Areas.
Sec. 106. San Juan-Anasazi Wilderness Areas.
Sec. 107. Canyonlands Basin Wilderness Areas.
Sec. 108. San Rafael Swell Wilderness Areas.
Sec. 109. Book Cliffs and Uinta Basin Wilderness Areas.
TITLE II--ADMINISTRATIVE PROVISIONS
Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Management of newly acquired land.
Sec. 209. Withdrawal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
(2) State.--The term ``State'' means the State of Utah.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. GREAT BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Great Basin region of western Utah is comprised of
starkly beautiful mountain ranges that rise as islands from
the desert floor;
(2) the Wah Wah Mountains in the Great Basin region are
arid and austere, with massive cliff faces and leathery
slopes speckled with pinon and juniper;
(3) the Pilot Range and Stansbury Mountains in the Great
Basin region are high enough to draw moisture from passing
clouds and support ecosystems found nowhere else on earth;
(4) from bristlecone pine, the world's oldest living
organism, to newly flowered mountain meadows, mountains of
the Great Basin region are islands of nature that--
(A) support remarkable biological diversity; and
(B) provide opportunities to experience the colossal
silence of the Great Basin; and
(5) the Great Basin region of western Utah should be
protected and managed to ensure the preservation of the
natural conditions of the region.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Antelope Range (approximately 17,000 acres).
(2) Barn Hills (approximately 20,000 acres).
(3) Black Hills (approximately 9,000 acres).
(4) Bullgrass Knoll (approximately 15,000 acres).
(5) Burbank Hills/Tunnel Spring (approximately 92,000
acres).
(6) Conger Mountains (approximately 21,000 acres).
(7) Crater Bench (approximately 35,000 acres).
(8) Crater and Silver Island Mountains (approximately
121,000 acres).
(9) Cricket Mountains Cluster (approximately 62,000 acres).
(10) Deep Creek Mountains (approximately 126,000 acres).
(11) Drum Mountains (approximately 39,000 acres).
(12) Dugway Mountains (approximately 24,000 acres).
(13) Essex Canyon (approximately 1,300 acres).
(14) Fish Springs Range (approximately 64,000 acres).
(15) Granite Peak (approximately 19,000 acres).
(16) Grassy Mountains (approximately 23,000 acres).
(17) Grouse Creek Mountains (approximately 15,000 acres).
(18) House Range (approximately 201,000 acres).
(19) Keg Mountains (approximately 38,000 acres).
(20) Kern Mountains (approximately 15,000 acres).
(21) King Top (approximately 110,000 acres).
(22) Ledger Canyon (approximately 9,000 acres).
(23) Little Goose Creek (approximately 1,200 acres).
(24) Middle/Granite Mountains (approximately 80,000 acres).
(25) Mount Escalante (approximately 18,000 acres).
(26) Mountain Home Range (approximately 90,000 acres).
(27) Newfoundland Mountains (approximately 22,000 acres).
(28) Ochre Mountain (approximately 13,000 acres).
(29) Oquirrh Mountains (approximately 9,000 acres).
(30) Painted Rock Mountain (approximately 26,000 acres).
(31) Paradise/Steamboat Mountains (approximately 144,000
acres).
(32) Pilot Range (approximately 45,000 acres).
(33) Red Tops (approximately 28,000 acres).
(34) Rockwell-Little Sahara (approximately 21,000 acres).
(35) San Francisco Mountains (approximately 39,000 acres).
(36) Sand Ridge (approximately 73,000 acres).
(37) Simpson Mountains (approximately 42,000 acres).
(38) Snake Valley (approximately 100,000 acres).
(39) Spring Creek Canyon (approximately 4,000 acres).
(40) Stansbury Island (approximately 10,000 acres).
(41) Stansbury Mountains (approximately 24,000 acres).
(42) Thomas Range (approximately 36,000 acres).
(43) Tule Valley (approximately 159,000 acres).
(44) Wah Wah Mountains (approximately 167,000 acres).
(45) Wasatch/Sevier Plateaus (approximately 29,000 acres).
(46) White Rock Range (approximately 5,200 acres).
SEC. 102. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.
(a) Grand Staircase Area.--
(1) Findings.--Congress finds that--
(A) the area known as the Grand Staircase rises more than
6,000 feet in a series of great cliffs and plateaus from the
depths of the Grand Canyon to the forested rim of Bryce
Canyon;
(B) the Grand Staircase--
(i) spans 6 major life zones, from the lower Sonoran Desert
to the alpine forest; and
(ii) encompasses geologic formations that display
3,000,000,000 years of Earth's history;
(C) land managed by the Secretary lines the intricate
canyon system of the Paria River and forms a vital natural
corridor connection to the deserts and forests of those
national parks;
(D) land described in paragraph (2) (other than East of
Bryce, Upper Kanab Creek, Moquith Mountain, Bunting Point,
and Vermillion Cliffs) is located within the Grand Staircase-
Escalante National Monument; and
(E) the Grand Staircase in Utah should be protected and
managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Bryce View (approximately 4,500 acres).
(B) Bunting Point (approximately 11,000 acres).
(C) Canaan Mountain (approximately 16,000 acres in Kane
County).
(D) Canaan Peak Slopes (approximately 2,300 acres).
(E) East of Bryce (approximately 750 acres).
(F) Glass Eye Canyon (approximately 24,000 acres).
(G) Ladder Canyon (approximately 14,000 acres).
(H) Moquith Mountain (approximately 16,000 acres).
(I) Nephi Point (approximately 14,000 acres).
(J) Orderville Canyon (approximately 9,200 acres).
(K) Paria-Hackberry (approximately 188,000 acres).
(L) Paria Wilderness Expansion (approximately 3,300 acres).
(M) Parunuweap Canyon (approximately 43,000 acres).
(N) Pine Hollow (approximately 11,000 acres).
(O) Slopes of Bryce (approximately 2,600 acres).
(P) Timber Mountain (approximately 51,000 acres).
(Q) Upper Kanab Creek (approximately 49,000 acres).
(R) Vermillion Cliffs (approximately 26,000 acres).
(S) Willis Creek (approximately 21,000 acres).
(b) Kaiparowits Plateau.--
(1) Findings.--Congress finds that--
(A) the Kaiparowits Plateau east of the Paria River is 1 of
the most rugged and isolated wilderness regions in the United
States;
(B) the Kaiparowits Plateau, a windswept land of harsh
beauty, contains distant vistas and a remarkable variety of
plant and animal species;
(C) ancient forests, an abundance of big game animals, and
22 species of raptors thrive undisturbed on the grassland
mesa tops of the Kaiparowits Plateau;
(D) each of the areas described in paragraph (2) (other
than Heaps Canyon, Little Valley, and Wide Hollow) is located
within the Grand Staircase-Escalante National Monument; and
(E) the Kaiparowits Plateau should be protected and managed
as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Andalex Not (approximately 18,000 acres).
(B) The Blues (approximately 21,000 acres).
(C) Box Canyon (approximately 2,800 acres).
(D) Burning Hills (approximately 80,000 acres).
(E) Carcass Canyon (approximately 83,000 acres).
(F) The Cockscomb (approximately 11,000 acres).
[[Page S2802]]
(G) Fiftymile Bench (approximately 12,000 acres).
(H) Fiftymile Mountain (approximately 203,000 acres).
(I) Heaps Canyon (approximately 4,000 acres).
(J) Horse Spring Canyon (approximately 31,000 acres).
(K) Kodachrome Headlands (approximately 10,000 acres).
(L) Little Valley Canyon (approximately 4,000 acres).
(M) Mud Spring Canyon (approximately 65,000 acres).
(N) Nipple Bench (approximately 32,000 acres).
(O) Paradise Canyon-Wahweap (approximately 262,000 acres).
(P) Rock Cove (approximately 16,000 acres).
(Q) Warm Creek (approximately 23,000 acres).
(R) Wide Hollow (approximately 6,800 acres).
(c) Escalante Canyons.--
(1) Findings.--Congress finds that--
(A) glens and coves carved in massive sandstone cliffs,
spring-watered hanging gardens, and the silence of ancient
Anasazi ruins are examples of the unique features that entice
hikers, campers, and sightseers from around the world to
Escalante Canyon;
(B) Escalante Canyon links the spruce fir forests of the
11,000-foot Aquarius Plateau with winding slickrock canyons
that flow into Glen Canyon;
(C) Escalante Canyon, 1 of Utah's most popular natural
areas, contains critical habitat for deer, elk, and wild
bighorn sheep that also enhances the scenic integrity of the
area;
(D) each of the areas described in paragraph (2) is located
within the Grand Staircase-Escalante National Monument; and
(E) Escalante Canyon should be protected and managed as a
wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Brinkerhof Flats (approximately 3,000 acres).
(B) Colt Mesa (approximately 28,000 acres).
(C) Death Hollow (approximately 49,000 acres).
(D) Forty Mile Gulch (approximately 6,600 acres).
(E) Hurricane Wash (approximately 9,000 acres).
(F) Lampstand (approximately 7,900 acres).
(G) Muley Twist Flank (approximately 3,600 acres).
(H) North Escalante Canyons (approximately 176,000 acres).
(I) Pioneer Mesa (approximately 11,000 acres).
(J) Scorpion (approximately 53,000 acres).
(K) Sooner Bench (approximately 390 acres).
(L) Steep Creek (approximately 35,000 acres).
(M) Studhorse Peaks (approximately 24,000 acres).
SEC. 103. MOAB-LA SAL CANYONS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the canyons surrounding the La Sal Mountains and the
town of Moab offer a variety of extraordinary landscapes;
(2) outstanding examples of natural formations and
landscapes in the Moab-La Sal area include the huge sandstone
fins of Behind the Rocks, the mysterious Fisher Towers, and
the whitewater rapids of Westwater Canyon; and
(3) the Moab-La Sal area should be protected and managed as
a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Arches Adjacent (approximately 12,000 acres).
(2) Beaver Creek (approximately 41,000 acres).
(3) Behind the Rocks and Hunters Canyon (approximately
22,000 acres).
(4) Big Triangle (approximately 20,000 acres).
(5) Coyote Wash (approximately 28,000 acres).
(6) Dome Plateau-Professor Valley (approximately 35,000
acres).
(7) Fisher Towers (approximately 18,000 acres).
(8) Goldbar Canyon (approximately 9,000 acres).
(9) Granite Creek (approximately 5,000 acres).
(10) Mary Jane Canyon (approximately 25,000 acres).
(11) Mill Creek (approximately 14,000 acres).
(12) Porcupine Rim and Morning Glory (approximately 20,000
acres).
(13) Renegade Point (approximately 6,600 acres).
(14) Westwater Canyon (approximately 37,000 acres).
(15) Yellow Bird (approximately 4,200 acres).
SEC. 104. HENRY MOUNTAINS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Henry Mountain Range, the last mountain range to be
discovered and named by early explorers in the contiguous
United States, still retains a wild and undiscovered quality;
(2) fluted badlands that surround the flanks of 11,000-foot
Mounts Ellen and Pennell contain areas of critical habitat
for mule deer and for the largest herd of free-roaming
buffalo in the United States;
(3) despite their relative accessibility, the Henry
Mountain Range remains 1 of the wildest, least-known ranges
in the United States; and
(4) the Henry Mountain range should be protected and
managed to ensure the preservation of the range as a
wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Bull Mountain (approximately 16,000 acres).
(2) Bullfrog Creek (approximately 35,000 acres).
(3) Dogwater Creek (approximately 3,400 acres).
(4) Fremont Gorge (approximately 20,000 acres).
(5) Long Canyon (approximately 16,000 acres).
(6) Mount Ellen-Blue Hills (approximately 140,000 acres).
(7) Mount Hillers (approximately 21,000 acres).
(8) Mount Pennell (approximately 147,000 acres).
(9) Notom Bench (approximately 6,200 acres).
(10) Oak Creek (approximately 1,700 acres).
(11) Ragged Mountain (approximately 28,000 acres).
SEC. 105. GLEN CANYON WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the side canyons of Glen Canyon, including the Dirty
Devil River and the Red, White and Blue Canyons, contain some
of the most remote and outstanding landscapes in southern
Utah;
(2) the Dirty Devil River, once the fortress hideout of
outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of
slickrock canyons through an imposing landscape of monoliths
and inaccessible mesas;
(3) the Red and Blue Canyons contain colorful Chinle/
Moenkopi badlands found nowhere else in the region; and
(4) the canyons of Glen Canyon in the State should be
protected and managed as wilderness areas.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Cane Spring Desert (approximately 18,000 acres).
(2) Dark Canyon (approximately 134,000 acres).
(3) Dirty Devil (approximately 242,000 acres).
(4) Fiddler Butte (approximately 92,000 acres).
(5) Flat Tops (approximately 30,000 acres).
(6) Little Rockies (approximately 64,000 acres).
(7) The Needle (approximately 11,000 acres).
(8) Red Rock Plateau (approximately 213,000 acres).
(9) White Canyon (approximately 98,000 acres).
SEC. 106. SAN JUAN-ANASAZI WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) more than 1,000 years ago, the Anasazi Indian culture
flourished in the slickrock canyons and on the pinon-covered
mesas of southeastern Utah;
(2) evidence of the ancient presence of the Anasazi
pervades the Cedar Mesa area of the San Juan-Anasazi area
where cliff dwellings, rock art, and ceremonial kivas
embellish sandstone overhangs and isolated benchlands;
(3) the Cedar Mesa area is in need of protection from the
vandalism and theft of its unique cultural resources;
(4) the Cedar Mesa wilderness areas should be created to
protect both the archaeological heritage and the
extraordinary wilderness, scenic, and ecological values of
the United States; and
(5) the San Juan-Anasazi area should be protected and
managed as a wilderness area to ensure the preservation of
the unique and valuable resources of that area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Allen Canyon (approximately 5,900 acres).
(2) Arch Canyon (approximately 30,000 acres).
(3) Comb Ridge (approximately 15,000 acres).
(4) East Montezuma (approximately 45,000 acres).
(5) Fish and Owl Creek Canyons (approximately 73,000
acres).
(6) Grand Gulch (approximately 159,000 acres).
(7) Hammond Canyon (approximately 4,400 acres).
(8) Nokai Dome (approximately 93,000 acres).
(9) Road Canyon (approximately 63,000 acres).
(10) San Juan River (Sugarloaf) (approximately 15,000
acres).
(11) The Tabernacle (approximately 7,000 acres).
(12) Valley of the Gods (approximately 21,000 acres).
[[Page S2803]]
SEC. 107. CANYONLANDS BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) Canyonlands National Park safeguards only a small
portion of the extraordinary red-hued, cliff-walled
canyonland region of the Colorado Plateau;
(2) areas near Arches National Park and Canyonlands
National Park contain canyons with rushing perennial streams,
natural arches, bridges, and towers;
(3) the gorges of the Green and Colorado Rivers lie on
adjacent land managed by the Secretary;
(4) popular overlooks in Canyonlands Nations Park and Dead
Horse Point State Park have views directly into adjacent
areas, including Lockhart Basin and Indian Creek; and
(5) designation of those areas as wilderness would ensure
the protection of this erosional masterpiece of nature and of
the rich pockets of wildlife found within its expanded
boundaries.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Bridger Jack Mesa (approximately 33,000 acres).
(2) Butler Wash (approximately 27,000 acres).
(3) Dead Horse Cliffs (approximately 5,300 acres).
(4) Demon's Playground (approximately 3,700 acres).
(5) Duma Point (approximately 14,000 acres).
(6) Gooseneck (approximately 9,000 acres).
(7) Hatch Point Canyons/Lockhart Basin (approximately
149,000 acres).
(8) Horsethief Point (approximately 15,000 acres).
(9) Indian Creek (approximately 28,000 acres).
(10) Labyrinth Canyon (approximately 150,000 acres).
(11) San Rafael River (approximately 101,000 acres).
(12) Shay Mountain (approximately 14,000 acres).
(13) Sweetwater Reef (approximately 69,000 acres).
(14) Upper Horseshoe Canyon (approximately 60,000 acres).
SEC. 108. SAN RAFAEL SWELL WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the San Rafael Swell towers above the desert like a
castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
(2) the highlands of the San Rafael Swell have been
fractured by uplift and rendered hollow by erosion over
countless millennia, leaving a tremendous basin punctuated by
mesas, buttes, and canyons and traversed by sediment-laden
desert streams;
(3) among other places, the San Rafael wilderness offers
exceptional back country opportunities in the colorful Wild
Horse Badlands, the monoliths of North Caineville Mesa, the
rock towers of Cliff Wash, and colorful cliffs of Humbug
Canyon;
(4) the mountains within these areas are among Utah's most
valuable habitat for desert bighorn sheep; and
(5) the San Rafael Swell area should be protected and
managed to ensure its preservation as a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Cedar Mountain (approximately 15,000 acres).
(2) Devils Canyon (approximately 23,000 acres).
(3) Eagle Canyon (approximately 38,000 acres).
(4) Factory Butte (approximately 22,000 acres).
(5) Hondu Country (approximately 20,000 acres).
(6) Jones Bench (approximately 2,800 acres).
(7) Limestone Cliffs (approximately 25,000 acres).
(8) Lost Spring Wash (approximately 37,000 acres).
(9) Mexican Mountain (approximately 100,000 acres).
(10) Molen Reef (approximately 33,000 acres).
(11) Muddy Creek (approximately 240,000 acres).
(12) Mussentuchit Badlands (approximately 25,000 acres).
(13) Pleasant Creek Bench (approximately 1,100 acres).
(14) Price River-Humbug (approximately 120,000 acres).
(15) Red Desert (approximately 40,000 acres).
(16) Rock Canyon (approximately 18,000 acres).
(17) San Rafael Knob (approximately 15,000 acres).
(18) San Rafael Reef (approximately 114,000 acres).
(19) Sids Mountain (approximately 107,000 acres).
(20) Upper Muddy Creek (approximately 19,000 acres).
(21) Wild Horse Mesa (approximately 92,000 acres).
SEC. 109. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Book Cliffs and Uinta Basin wilderness areas
offer--
(A) unique big game hunting opportunities in verdant high-
plateau forests;
(B) the opportunity for float trips of several days
duration down the Green River in Desolation Canyon; and
(C) the opportunity for calm water canoe weekends on the
White River;
(2) the long rampart of the Book Cliffs bounds the area on
the south, while seldom-visited uplands, dissected by the
rivers and streams, slope away to the north into the Uinta
Basin;
(3) bears, Bighorn sheep, cougars, elk, and mule deer
flourish in the back country of the Book Cliffs; and
(4) the Book Cliffs and Uinta Basin areas should be
protected and managed to ensure the protection of the areas
as wilderness.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System.
(1) Bourdette Draw (approximately 15,000 acres).
(2) Bull Canyon (approximately 2,800 acres).
(3) Chipeta (approximately 95,000 acres).
(4) Dead Horse Pass (approximately 8,000 acres).
(5) Desbrough Canyon (approximately 13,000 acres).
(6) Desolation Canyon (approximately 555,000 acres).
(7) Diamond Breaks (approximately 9,000 acres).
(8) Diamond Canyon (approximately 166,000 acres).
(9) Diamond Mountain (also known as ``Wild Mountain'')
(approximately 27,000 acres).
(10) Dinosaur Adjacent (approximately 10,000 acres).
(11) Goslin Mountain (approximately 4,900 acres).
(12) Hideout Canyon (approximately 12,000 acres).
(13) Lower Bitter Creek (approximately 14,000 acres).
(14) Lower Flaming Gorge (approximately 21,000 acres).
(15) Mexico Point (approximately 15,000 acres).
(16) Moonshine Draw (also known as ``Daniels Canyon'')
(approximately 10,000 acres).
(17) Mountain Home (approximately 9,000 acres).
(18) O-Wi-Yu-Kuts (approximately 13,000 acres).
(19) Red Creek Badlands (approximately 3,600 acres).
(20) Seep Canyon (approximately 21,000 acres).
(21) Sunday School Canyon (approximately 18,000 acres).
(22) Survey Point (approximately 8,000 acres).
(23) Turtle Canyon (approximately 39,000 acres).
(24) White River (approximately 23,000 acres).
(25) Winter Ridge (approximately 38,000 acres).
(26) Wolf Point (approximately 15,000 acres).
TITLE II--ADMINISTRATIVE PROVISIONS
SEC. 201. GENERAL PROVISIONS.
(a) Names of Wilderness Areas.--Each wilderness area named
in title I shall--
(1) consist of the quantity of land referenced with respect
to that named area, as generally depicted on the map entitled
``Utah BLM Wilderness''; and
(2) be known by the name given to it in title I.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--A map and legal description filed 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 and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the Office of the Director of the
Bureau of Land Management.
SEC. 202. ADMINISTRATION.
Subject to valid rights in existence on the date of
enactment of this Act, each wilderness area designated under
this Act shall be administered by the Secretary in accordance
with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.
(a) In General.--Subject to subsection (b), if State-owned
land is included in an area designated by this Act as a
wilderness area, the Secretary shall offer to exchange land
owned by the United States in the State of approximately
equal value in accordance with section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c))
and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
(b) Mineral Interests.--The Secretary shall not transfer
any mineral interests
[[Page S2804]]
under subsection (a) unless the State transfers to the
Secretary any mineral interests in land designated by this
Act as a wilderness area.
SEC. 204. WATER.
(a) Reservation.--
(1) Water for wilderness areas.--
(A) In general.--With respect to each wilderness area
designated by this Act, Congress reserves a quantity of water
determined by the Secretary to be sufficient for the
wilderness area.
(B) Priority date.--The priority date of a right reserved
under subparagraph (A) shall be the date of enactment of this
Act.
(2) Protection of rights.--The Secretary and other officers
and employees of the United States shall take any steps
necessary to protect the rights reserved by paragraph (1)(A),
including the filing of a claim for the quantification of the
rights in any present or future appropriate stream
adjudication in the courts of the State--
(A) in which the United States is or may be joined; and
(B) that is conducted in accordance with section 208 of the
Department of Justice Appropriation Act, 1953 (66 Stat. 560,
chapter 651).
(b) Prior Rights Not Affected.--Nothing in this Act
relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before
the date of enactment of this Act.
(c) Administration.--
(1) Specification of rights.--The Federal water rights
reserved by this Act are specific to the wilderness areas
designated by this Act.
(2) No precedent established.--Nothing in this Act related
to reserved Federal water rights--
(A) shall establish a precedent with regard to any future
designation of water rights; or
(B) shall affect the interpretation of any other Act or any
designation made under any other Act.
SEC. 205. ROADS.
(a) Setbacks.--
(1) Measurement in general.--A setback under this section
shall be measured from the center line of the road.
(2) Wilderness on 1 side of roads.--Except as provided in
subsection (b), a setback for a road with wilderness on only
1 side shall be set at--
(A) 300 feet from a paved Federal or State highway;
(B) 100 feet from any other paved road or high standard
dirt or gravel road; and
(C) 30 feet from any other road.
(3) Wilderness on both sides of roads.--Except as provided
in subsection (b), a setback for a road with wilderness on
both sides (including cherry-stems or roads separating 2
wilderness units) shall be set at--
(A) 200 feet from a paved Federal or State highway;
(B) 40 feet from any other paved road or high standard dirt
or gravel road; and
(C) 10 feet from any other roads.
(b) Setback Exceptions.--
(1) Well-defined topographical barriers.--If, between the
road and the boundary of a setback area described in
paragraph (2) or (3) of subsection (a), there is a well-
defined cliff edge, stream bank, or other topographical
barrier, the Secretary shall use the barrier as the
wilderness boundary.
(2) Fences.--If, between the road and the boundary of a
setback area specified in paragraph (2) or (3) of subsection
(a), there is a fence running parallel to a road, the
Secretary shall use the fence as the wilderness boundary if,
in the opinion of the Secretary, doing so would result in a
more manageable boundary.
(3) Deviations from setback areas.--
(A) Exclusion of disturbances from wilderness boundaries.--
In cases where there is an existing livestock development,
dispersed camping area, borrow pit, or similar disturbance
within 100 feet of a road that forms part of a wilderness
boundary, the Secretary may delineate the boundary so as to
exclude the disturbance from the wilderness area.
(B) Limitation on exclusion of disturbances.--The Secretary
shall make a boundary adjustment under subparagraph (A) only
if the Secretary determines that doing so is consistent with
wilderness management goals.
(C) Deviations restricted to minimum necessary.--Any
deviation under this paragraph from the setbacks required
under in paragraph (2) or (3) of subsection (a) shall be the
minimum necessary to exclude the disturbance.
(c) Delineation Within Setback Area.--The Secretary may
delineate a wilderness boundary at a location within a
setback under paragraph (2) or (3) of subsection (a) if, as
determined by the Secretary, the delineation would enhance
wilderness management goals.
SEC. 206. LIVESTOCK.
Within the wilderness areas designated under title I, the
grazing of livestock authorized on the date of enactment of
this Act shall be permitted to continue subject to such
reasonable regulations and procedures as the Secretary
considers necessary, as long as the regulations and
procedures are consistent with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) section 101(f) of the Arizona Desert Wilderness Act of
1990 (Public Law 101-628; 104 Stat. 4469).
SEC. 207. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State
with respect to wildlife and fish on the public land located
in the State.
SEC. 208. MANAGEMENT OF NEWLY ACQUIRED LAND.
Any land within the boundaries of a wilderness area
designated under this Act that is acquired by the Federal
Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act and other laws
applicable to wilderness areas.
SEC. 209. WITHDRAWAL.
Subject to valid rights existing on the date of enactment
of this Act, the Federal land referred to in title I is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under public law;
(2) location, entry, and patent under mining law; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
______
By Mr. CARDIN (for himself and Ms. Mikulski):
S. 770. A bill to authorize the Secretary of the Interior to conduct
a special resource study of President Station in Baltimore, Maryland,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. CARDIN. Mr. President, today marks an important day in history as
our nation continues to honor the sesquicentennial of the Civil War.
There are many landmarks in my hometown of Baltimore that are
significant to the history of the Civil War that I believe are in the
Nation's interests to protect for future generations to experience. As
our nation pays tribute to this trying time in our nation's history, I
am proud to re-introduce the President Street Station Study Act which
would initiate the process for preserving one such landmark in the
heart of Baltimore. President Street Station played a crucial role in
the Civil War, the Underground Railroad, the growth of Baltimore's
railroad industry, and is a historically significant landmark to the
presidency of Abraham Lincoln.
The station was constructed for the Philadelphia, Wilmington, and
Baltimore, PW&B, Railroad in 1849 and remains the oldest surviving big
city railroad terminal in the United States. This historical structure
is a unique architectural gem, arguably the first example and last
survivor of the early barrel-vault train shed arches, also known as the
Howe Truss. The arch-rib design became the blueprint for railroad
bridges and roofs well into the 20th century and was replicated for
every similarly designed train shed and roof for the next 20 years.
The growth of President Street Station and the PW&B railroad mirror
the expansion of the railroad industry throughout the country in the
latter half of the 19th century. This station played an essential role
in making Baltimore the first railroad and sea-rail link in the nation
and helped the city become the international port hub it is today.
In its heyday, President Street Station was the key link connecting
Washington D.C. with the northeast States. Hundreds of passengers
traveling north passed through this station and, by the start of the
Civil War, Baltimore had become our Nation's major southern railroad
hub. Not surprisingly, the station played a critical role in both the
Civil War and the Underground Railroad.
Perhaps the most famous passenger to travel through the station was
President Abraham Lincoln. He came through the station at least four
times, including secretly on his way to his first inauguration in 1861.
President-elect Lincoln was warned by a PW&B private detective of a
possible assassination plot in Baltimore as he transferred trains.
While it is unclear if this plot existed and posed a serious threat,
Lincoln nevertheless was secretly smuggled aboard a train in the dead
of night to complete his trip to Washington.
Just a few months later, President Street Station served as a
backdrop for what many historians consider to be the first bloodshed of
the Civil War. The Baltimore Riot of 1861 occurred when Lincoln called
for Union volunteers to quell the rebellion at Fort Sumter in
Charleston. On this day in history, April 19, 1861, Massachusetts and
Pennsylvania volunteers were met and attacked by a mob of secessionist
and Confederate sympathizers. The
[[Page S2805]]
bloody confrontation left four dead and 36 wounded. As the war
continued, the Station remained a critical link for the Union. Troops
and supplies from the north were regularly shuttled through the station
to support Union soldiers.
It is well known that Maryland was a common starting point along the
Underground Railroad and that many escaped slaves from Maryland's
Eastern Shore plantations were destined for Baltimore and the President
Street Station to travel North to freedom. A few weeks ago, President
Barack Obama honored Maryland's own Harriet Tubman, the Underground
Railroad's most famous ``conductor'' by establishing the Harriet Tubman
Underground Railroad National Monument, the first National Monument to
commemorate an African American woman. While she personally led dozens
of people to freedom, her courage and fortitude also inspired others to
find their own strength to seek freedom. President Street Station was
indeed a station on this secret network. Prior to emancipation in 1863,
several renowned escapees, including Frederick Douglass, William and
Ellen Craft, and Henry ``Box'' Brown, traveled through the Station,
risking their lives for a better and freer life.
Others' journeys for a better life also passed through President
Street Station. From its beginning and into the 20th century, Baltimore
was both a destination and departure point for immigrants. New arrivals
from Ireland, Russia, and Europe arriving on the eastern seaboard
traveled by way of the PW&B railroads to the west.
For decades, President Street Station has long been recognized as
having an important place in history: In 1992, it was listed on the
National Register of Historic Places and the city of Baltimore has
dedicated it a local historical landmark. For many years it served as
the Baltimore Civil War Museum, educating generations of people about
the role Maryland and Baltimore played in the Civil War and the early
history of the city. In recent years, the museum, run by dedicated
volunteers from the Maryland Historical Society and Friends of
President Street Station, have struggled to keep the station's doors
open and keeping the station's character true to its historical roots.
The area around President Street Station has changed dramatically over
the decades, but the Station has worked to preserve its place in
history. It has been many years since trains passed through the
Presidents Street Station and it is clear that today the best use for
this building is to preserve the building and use it to tell Station's
American story.
President Street Station is one of America's historical treasures. As
we commemorate the 152nd Anniversary of the Baltimore Riot and the
start of National Park Week this weekend, we honor some of our
country's greatest leaders and remember our own rich and innovative
history. This bill authorizes the Secretary of the Interior to conduct
a special resource study of President Street Station to evaluate the
suitability and feasibility of establishing the Station as a unit of
the National Park Service. President Street Station, a contributor to
the growth of the railroad, and a vital player in the Underground
Railroad, Lincoln Presidency and Civil War, is part of this history. I
urge my colleagues to join me in giving this station the recognition it
deserves and support 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. 770
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 ``President Street Station
Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means the
President Street Station, a railroad terminal in Baltimore,
Maryland, the history of which is tied to the growth of the
railroad industry in the 19th century, the Civil War, the
Underground Railroad, and the immigrant influx of the early
20th century.
SEC. 3. SPECIAL RESOURCE STUDY.
(a) Study.--The Secretary shall conduct a special resource
study of the study area.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the study area;
(2) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(3) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(4) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals;
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives; and
(6) identify any authorities that would compel or permit
the Secretary to influence local land use decisions under the
alternatives.
(c) Applicable Law.--The study required under subsection
(a) shall be conducted in accordance with section 8 of Public
Law 91-383 (16 U.S.C. 1a-5).
(d) Report.--Not later than 3 years after the date on which
funds are first made available for the study under subsection
(a), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report that
describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
____________________