[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     taxes) is hereby repealed.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.

       (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).

                          ____________________