Congressional Record, Volume 159 Issue 112 (Wednesday, July 31, 2013)

[Congressional Record Volume 159, Number 112 (Wednesday, July 31, 2013)]
[Senate]
[Pages S6129-S6131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. BOOZMAN:
S. 1402. A bill to repeal the Federal estate and gift taxes; to the
Committee on Finance.
Mr. President, part of the American Dream is to build an inheritance
that will benefit our future generations. The death tax works against
that idea by making planning and passing on family farms and businesses
to the next generation even more difficult. Often times the cost is too
much to absorb and families end up spending their hard-earned money on
attorney fees, selling their land or business and its assets, or laying
off workers just to pay Uncle Sam. We need to eliminate polices like
the death tax that create unnecessary burdens on our agriculture
community and family businesses. The Death Tax Repeal Act would
permanently eliminate the federal estate and gift taxes that punish
America's agriculture producers and small business owners. According to
a study by Douglas Holtz-Eakin, a former director of the non-partisan
Congressional Budget Office, repealing the death tax would create 1.5
million additional small business jobs and would decrease the national
unemployment rate by nearly 1 percent.
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. 1402

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 ``Death Tax Repeal Act''.

SEC. 2. REPEAL OF ESTATE AND GIFT TAXES.

(a) In General.--Subtitle B of the Internal Revenue Code of
1986 (relating to estate, gift, and generation-skipping
taxes) is hereby repealed.
(b) Effective Date.--The repeal made by subsection (a)
shall apply to estates of decedents dying, gifts made, and
generation-skipping transfers made after the date of the
enactment of this Act.
______

By Mr. DURBIN (for himself, Mr. Lee, and Mr. Leahy):
S. 1410. A bill to focus limited Federal resources on the most
serious offenders; to the Committee on the Judiciary.
Mr. DURBIN. 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. 1410

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 ``Smarter Sentencing Act of
2013''.

SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.

Section 3553(f)(1) of title 18, United States Code, is
amended by striking ``defendant'' and all that follows
through ``point'' and inserting ``criminal history category
for the defendant is not higher than category 2''.

SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING
ACT.

(a) Definition of Covered Offense.--In this section, the
term ``covered offense'' means a violation of a Federal
criminal statute, the statutory penalties for which were
modified by section 2 or 3 of the Fair Sentencing Act of 2010
(Public Law 111-220; 124 Stat. 2372), that was committed
before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed
a sentence for a covered offense, may, on motion of the
defendant, the Director of the Bureau of Prisons, the
attorney for the Government, or the court, impose a reduced
sentence as if sections 2 and 3 of the Fair Sentencing Act of
2010 (Public Law 111-220; 124 Stat. 2372) were in effect at
the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made
under this section to reduce a sentence if the sentence was
previously imposed or previously reduced in accordance with
the amendments made by sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372)
or if a motion made under this section to reduce the sentence
was previously denied. Nothing in this section shall be
construed to require a court to reduce any sentence pursuant
to this section.

SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.

(a) Controlled Substances Act.--Section 401(b)(1) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A), in the flush text following clause
(viii)--
(A) by striking ``10 years or more'' and inserting ``5
years or more''; and
(B) by striking ``such person shall be sentenced to a term
of imprisonment which may not be less than 20 years and'' and
inserting ``such person shall be sentenced to a term of
imprisonment which may not be less than 10 years and''; and
(2) in subparagraph (B), in the flush text following clause
(viii)--
(A) by striking ``5 years'' and inserting ``2 years''; and
(B) by striking ``not be less than 10 years'' and inserting
``not be less than 5 years''.
(b) Controlled Substances Import and Export Act.--Section
1010(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)) is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by striking ``not less than 10 years'' and inserting
``not less than 5 years''; and
(B) by striking ``such person shall be sentenced to a term
of imprisonment of not less than 20 years'' and inserting
``such person shall be sentenced to a term of imprisonment of
not less than 10 years''; and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by striking ``5 years'' and inserting ``2 years''; and
(B) by striking ``10 years'' and inserting ``5 years''.

SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION.

(a) Directive to Sentencing Commission.--Pursuant to its
authority under section 994(p) of title 28, United States
Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend, if appropriate,
its guidelines and its policy statements applicable to
persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of
the Controlled Substances Import and Export Act (21 U.S.C.
960) to ensure that the guidelines and policy statements are
consistent with the amendments made by sections 2 and 4 of
this Act and reflect the intent of Congress that such
penalties be decreased in accordance with the amendments made
by section 4 of this Act.
(b) Considerations.--In carrying out this section, the
United States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;

[[Page S6130]]

(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing
Commission;
(5) the intent of Congress that penalties for violent and
serious drug traffickers who present public safety risks
remain appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing
Commission shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable,
and in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note), as though the authority under that Act had
not expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary
to achieve consistency with other guideline provisions and
applicable law.

SEC. 6. REPORT BY ATTORNEY GENERAL.

Not later than 6 months after the date of enactment of this
Act, the Attorney General shall submit to the Committees on
the Judiciary of the House of Representatives and the Senate
a report outlining how the reduced expenditures on Federal
corrections and the cost savings resulting from this Act will
be used to help reduce overcrowding in the Federal Bureau of
Prisons, help increase proper investment in law enforcement
and crime prevention, and help reduce criminal recidivism,
thereby increasing the effectiveness of Federal criminal
justice spending.
______

By Mr. WYDEN (for himself and Mr. Merkley):
S. 1414. A bill to provide for the conveyance of certain Federal land
in the State of Oregon to the Confederated Tribes of Coos, Lower
Umpqua, and Siuslaw Indians; to the Committee on Energy and Natural
Resources.
Mr. WYDEN. Mr. President, today I rise to introduce two bills that
are aimed at righting past wrongs and fostering the self-sufficiency of
proud nations. The Canyon Mountain Land Conveyance Act of 2013 and the
Oregon Coastal Land Conveyance Act will provide homelands for the Cow
Creek Band of Umpqua Tribe of Indians and the Confederated Tribes of
Coos, Lower Umpqua, and Siuslaw Indians, respectively--two tribes that
are currently without a land base or that have only a nominal land
base. I am pleased to be joined in this effort by my friend and
colleague, Senator Merkley.
Our country's official policies toward its native peoples have
changed over time since the founding of the United States. When
European settlers came to American shores, they recognized that the
lands on which our Nation now sits were occupied by millions of people
organized by hundreds of governments, and these European colonial
powers respected these governments as fellow sovereigns. In the late
1700's, when our great Nation was born, it followed suit, making
treaties with the governments of the various tribes and aiming to get
along with them to ensure peace and prosperity for all. As our Nation
became more powerful, its policies toward Native peoples and
governments shifted with the political tides of those times. If you
examine history books, some of the darkest episodes in our history can
be found in the chapters written about our federal government's
treatment of the first Americans.
Our Nation's past is littered with failed policies toward its first
peoples, and one of those failed policies--that to which scholars refer
to as, ``Termination''--had a profoundly negative impact on my State.
During the 1950's, the federal government was not in the business of
honoring the treaties it made with the Indian tribes nor was it
interested in living up to its trust responsibility toward its first
peoples. Importantly, and as an aside, the tribes had bargained for
these rights in exchange for the millions of acres of lands ceded to
the United States to enable our westward expansion. At that time, our
official Federal stance was focused on terminating the government-to-
government relationships between tribal governments and the United
States. In my own State of Oregon, several tribes west of the Cascade
Mountains were terminated, including the two that are the subjects of
the bills I am introducing today. The Termination Era had tragic
effects on those tribes that lost Federal recognition. Members of
terminated tribes struggled to retain their cultural and religious
identities and to survive in a new landscape in which federal programs
for their health, education, and housing did not exist.
The Termination Era was such a disaster that the Federal Government
formally rebuked it a mere twenty years later when Presidents Johnson
an Nixon ushered in the Self-Determination Era. Now, our Federal stance
toward tribes is one that respects tribal sovereignty and supports a
tribe's right to determine its own destiny while at the same time,
fulfilling our duty as trustee to the various tribes. Our Federal
policy of self-determination has been lauded by scholars as being the
only Federal Indian policy that has succeeded in benefitting our native
peoples. Self-Determination Era policies have resulted in an economic
boom all over Indian Country as tribes have used Federal assistance to
create jobs for Indians and non-Indians alike all across the Nation,
much of the time in rural areas where economic opportunities would
otherwise not exist. Many of the tribes in my State, for instance, have
been able to build their economies, become more self-sufficient and
provide valuable goods and services as well as jobs to surrounding
community members.
For a tribe to fully exercise its governmental powers--to protect and
nurture its members, to retain its cultural and religious heritage, and
to grow its economy--it needs a land base. Even though the Cow Creek
and Coos tribes were restored to Federal recognition in the 1980's,
they still have not been given back any of their former land from which
they can exercise their inherent authority as sovereigns. My bills
would provide home bases for these tribes from which they can flourish.
The bills I am introducing today convey 17,826 and 14,804 acres of
land that is now managed by the Bureau of Land Management, to the
Secretary of the Interior to hold in trust for the Cow Creek Band of
Umpqua Tribe of Indians and the Confederated Tribes of Coos, Lower
Umpqua, and Siuslaw Indians, respectively. The bills specify that
commercial forestry activities taking place on the land must be done
pursuant to all applicable federal laws, and because both of the tribes
already own casinos, they specify that the land cannot be used for
gaming purposes. Lastly, to address the concerns of counties over lost
timber revenues from the Oregon and California Railroad lands within
the conveyances, the bills contain provisions ensuring there will be no
net loss of O&C lands to the counties.
I want to thank the tribes, counties, and other stakeholders for
working together to find the common ground which made these bills a
reality.
Mr. President, I ask unanimous consent that the text of the bills be
printed in the Record.
There being no objection, the text of the bills were ordered to be
printed in the Record, as follows:

S. 1414

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 ``Oregon Coastal Land
Conveyance Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 14,804 acres of Federal land, as generally
depicted on the map entitled ``Oregon Coastal Land
Conveyance'', and dated March 27, 2013.
(2) Planning area.--The term ``planning area'' means land--
(A) administered by the Director of the Bureau of Land
Management; and
(B) located in--
(i) the Coos Bay District;
(ii) the Eugene District;
(iii) the Medford District;
(iv) the Roseburg District;
(v) the Salem District; and
(vi) the Klamath Falls Resource Area of the Lakeview
District.
(3) Definition of public domain land.--
(A) In general.--In this subsection, the term ``public
domain land'' has the meaning given the term ``public lands''
in section 103 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702).
(B) Exclusion.--The term ``public domain land'' does not
include any land managed in accordance with the Act of August
28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et
seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribe.--The term ``Tribe'' means the Confederated
Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

SEC. 3. CONVEYANCE.

(a) In General.--Subject to valid existing rights,
including rights-of-way, all right,

[[Page S6131]]

title, and interest of the United States in and to the
Federal land, including any improvements located on the
Federal land, appurtenances to the Federal land, and minerals
on or in the Federal land, including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(b) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).

SEC. 4. MAP AND LEGAL DESCRIPTION.

(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Federal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed
under subsection (a) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct any clerical or typographical errors in the map or
legal description.
(c) Public Availability.--The map and legal description
filed under subsection (a) shall be on file and available for
public inspection in the Office of the Secretary.

SEC. 5. ADMINISTRATION.

(a) In General.--Unless expressly provided in this Act,
nothing in this Act affects any right or claim of the Tribe
existing on the date of enactment of this Act to any land or
interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed
logs that are harvested from the Federal land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 3 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).

SEC. 6. FOREST MANAGEMENT.

Any commercial forestry activity that is carried out on the
Federal land shall be managed in accordance with all
applicable Federal laws.

SEC. 7. LAND RECLASSIFICATION.

(a) Identification of Oregon and California Railroad
Land.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture and the Secretary
shall identify any land owned by the Oregon and California
Railroad that is conveyed under section 3.
(b) Identification of Public Domain Land.--Not later than
18 months after the date of enactment of this Act, the
Secretary shall identify public domain land that--
(1) is approximately equal in acreage and condition as the
land identified under subsection (a); and
(2) is located within the planning area.
(c) Maps.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
and publish in the Federal Register 1 or more maps depicting
the land identified in subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified
in subsection (b) as land owned by the Oregon and California
Railroad.
(2) Applicability.--The Act of August 28, 1937 (50 Stat.
874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to
land reclassified as land owned by the Oregon and California
Railroad under paragraph (1)(B).

S. 1415

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 ``Canyon Mountain Land
Conveyance Act of 2013''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 17,826 acres of Federal land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'', and dated June 27, 2013.
(2) Planning area.--The term ``planning area'' means land--
(A) administered by the Director of the Bureau of Land
Management; and
(B) located in--
(i) the Coos Bay District;
(ii) the Eugene District;
(iii) the Medford District;
(iv) the Roseburg District;
(v) the Salem District; and
(vi) the Klamath Falls Resource Area of the Lakeview
District.
(3) Definition of public domain land.--
(A) In general.--In this subsection, the term ``public
domain land'' has the meaning given the term ``public lands''
in section 103 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702).
(B) Exclusion.--The term ``public domain land'' does not
include any land managed in accordance with the Act of August
28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et
seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.

SEC. 3. CONVEYANCE.

(a) In General.--Subject to valid existing rights,
including rights-of-way, all right, title, and interest of
the United States in and to the Federal land, including any
improvements located on the Federal land, appurtenances to
the Federal land, and minerals on or in the Federal land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(b) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).

SEC. 4. MAP AND LEGAL DESCRIPTION.

SEC. 5. ADMINISTRATION.

SEC. 6. FOREST MANAGEMENT.

Any commercial forestry activity that is carried out on the
Federal land shall be managed in accordance with all
applicable Federal laws.

SEC. 7. LAND RECLASSIFICATION.

____________________