[Congressional Record Volume 159, Number 182 (Friday, December 20, 2013)]
[Senate]
[Pages S9106-S9108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 1888. A bill to facilitate a land exchange involving certain
National Forest System land in the Inyo National Forest, and for other
purposes; to the Committee on Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Inyo
National Forest Land Exchange Act.
This legislation will facilitate a land exchange between the
operators of the Mammoth Mountain Ski Area in the Eastern Sierra Nevada
region of California and the Inyo National Forest. Enactment of this
bill will allow the ski resort to redevelop the parcel of land it
currently leases from Forest Service, while providing the Forest
Service with a combination of high resource value lands and a cash
payment equal to the value of the exchanged land.
Since the Mammoth Mountain Ski Area, LLC, MMSA, began operations in
1953, Mammoth Mountain has grown to be one of the most popular ski
areas in the United States, attracting up to two million visitors a
year.
However, the Main Lodge area, which is located on approximately 21
acres of land leased by MMSA, has become outdated and inadequate to
meet visitor needs. The Main Lodge building and Mammoth Mountain Inn
are now more than 50 years old and require significant improvements and
upgrades. Insufficient employee housing, parking and guest amenities
must be corrected and skier staging and lift line queuing areas must be
modernized. In order to make the necessary long-term investments,
resort operators are seeking fee title to the land and have been
working with the Inyo National Forest since 1998 to complete a land
exchange.
Equal-value land exchanges involving Forest Service land are
permitted under the Exchange Act. However, the typical land exchange
procedures do not conform well to this particular exchange due to the
complexity, size and scarcity of large, high resource value parcels in
the Inyo National Forest. Consequently, this legislation would
authorize a one-time exception to the Exchange Act to accomplish the
proposed land exchange. Specifically, the bill would require the
Secretary of Agriculture to acquire two parcels of private land
outside, totaling approximately 1,500 acres, the boundary the Inyo
National Forest in exchange for the conveyance of the 21 acre parcel
within the forest currently leased to MMSA; accept a cash equalization
payment in excess of the 25 percent value of the federal lands to fully
compensate the Forest Service for the exchanged lands; and use the cash
payment to acquire land or interests in land for additions to the
National Forest System as such lands become available.
This bill will provide both economic and environmental benefits. The
new construction that this bill will help facilitate will not only
create new construction jobs during renovations, but will also allow
the Ski Area to expand and improve its operations, creating more
sustainable and permanent jobs. Additionally, the land MMSA will be
transferring to the Forest Service includes high resource value lands
that have long been desired for protection by local environmentalists
and the Forest Service. This includes lands within the view shed of the
Mono Basin
[[Page S9107]]
National Scenic Area, the first designated National Scenic Area and a
place of incredible natural beauty.
This legislation has bipartisan support. The bill was first
introduced by Rep. Buck McKeon in June 2011 and passed the House in
April 2012 by a vote of 376--2. It was reintroduced by Rep. Paul Cook
earlier this year with the support of both Democratic and Republican
cosponsors and passed the House a second time on December 3, 2013.
Local government and community organizations also support this
legislation, including the Mono County Board of Supervisors, the
Mammoth Lakes Town Council, the Mammoth Lakes Chamber of Commerce,
Mammoth Lakes Tourism, the Mono Lake Committee, and the Eastern Sierra
Land Trust.
This trade has long been supported by noted environmentalists,
including the late Andrea Mead Lawrence, after whom Congress earlier
this year named a mountain in the nearby Sierra Nevada.
I urge my colleagues to support this legislation. Enactment of this
bill will ensure the long term success of one of the Nation's top ski
resorts and benefit the local and regional economy, while allowing the
Forest Service to acquire high resource value lands that will be
enjoyed by Americans for generations to come.
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. 1888
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 ``Inyo National Forest Land
Exchange Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to modify the use of land
exchange authorities available to the Secretary of
Agriculture as of the date of enactment of this Act with
respect to certain land in the Inyo National Forest,
California.
SEC. 3. DEFINITIONS.
In this section:
(1) Federal land.--The term ``Federal land'' means certain
National Forest System land located within the boundaries of
the Inyo National Forest, California, as depicted on the map
entitled ``Federal Parcel'' and dated June 2011.
(2) Non-federal land.--The term ``non-Federal land'' means
certain non-Federal land in California located outside the
boundaries of the Inyo National Forest, California, as
depicted on the maps entitled ``DWP Parcel-Interagency
Visitor Center Parcel'' and ``DWP Parcel-Town of Bishop
Parcel'' and dated June 2011.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. SPECIAL RULES FOR INYO NATIONAL FOREST LAND EXCHANGE.
(a) Authority to Accept Land Outside Boundaries of Inyo
National Forest.--In any land exchange involving the
conveyance of the Federal land, the Secretary may accept the
conveyance of the non-Federal land in exchange for the
conveyance of the Federal land, if the Secretary determines
that acquisition of the non-Federal land is desirable for
National Forest System purposes.
(b) Cash Equalization Payment; Use.--
(1) In general.--In an exchange of land under subsection
(a), the Secretary may accept a cash equalization payment in
excess of 25 percent of the value of the Federal land.
(2) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this subsection shall
be--
(A) deposited into the fund established under Public Law
90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a);
and
(B) available to the Secretary for the acquisition of land
or interests in land for addition to the National Forest
System.
(c) No New Land Exchange Authority.--Nothing in this
section grants the Secretary new land exchange authority.
______
By Mrs. FEINSTEIN (for herself and Mr. Hatch):
S. 1889. A bill to direct the United States Sentencing Commission
with respect to penalties for the unlawful production of a controlled
substance on Federal property or intentional trespass on the property
of another that causes environmental damage; to the Committee on the
Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise to introduce the Protecting
Lands Against Narcotics Trafficking or PLANT Act of 2013 with my
colleague and friend, Senator Orrin Hatch.
This bill, which is similar to House legislation introduced by
Representative Jared Huffman, will help curb the severe environmental
damage caused by illegal marijuana grows. I thank my friend and fellow
Californian, Representative Huffman, for his leadership on this issue.
Across our Nation, but especially in California, drug traffickers
cultivate marijuana with zero regard for the environmental destruction
it causes. Motivated solely by profits, these criminals illegally
divert streams, poison wildlife, pollute watersheds and destroy the
natural heritage that we have worked so hard to protect.
Recognizing the destructive ecological impact of illegal marijuana
cultivation, this legislation directs the United States Sentencing
Commission to review and amend Federal sentencing guidelines to account
for the environmental crimes drug traffickers commit on public and
trespassed lands.
Specifically, the bill instructs the Sentencing Commission to put in
place sentencing guidelines that increase penalties for individuals who
engage in any of the following activities while cultivating illegal
drugs on Federal lands or while trespassing on another person's
property:
Use of poisons or hazardous chemicals, such as pesticides and
rodenticides; the diversion, redirection, obstruction, draining or
impoundment of local aquifers, rivers or bodies of water; or
significant removal of vegetation or clear cutting of timber.
In addition to environmental concerns, this legislation addresses the
safety of our public lands. It directs the Sentencing Commission to
provide guidelines increasing penalties on drug traffickers who use or
possess a firearm while producing illegal drugs on federal or
trespassed lands.
Last year alone, over 900,000 marijuana plants were eradicated at 471
sites on National Forest Lands. Sadly, this represents only a fraction
of the total marijuana illegally grown in our National Parks, Forests
and other public lands. In California, Operation Pristine, a recent
effort to combat the environmental damage caused by illegal marijuana
production, resulted in the removal of over 8,700 tons of trash
including pesticides, batteries, fertilizers and propane tanks from
environmentally sensitive lands.
Drug traffickers often use illegal pesticides smuggled in from
Mexico, such as carbofuran, which contaminate California's water
resources. They also use pesticides and rodenticides in an illegal
manner, often on protected lands. These poisons are having a
devastating impact on California's wildlife, including the Pacific
Fisher, a member of the Weasel family being considered for listing as
an endangered species.
Taxpayers are also being hit hard by the millions of dollars needed
to clean up the environmental damage caused by illegal marijuana grows.
Estimates put the cost of reclaiming land damaged by illicit marijuana
growth at approximately $15,000 per acre. As you might expect, drug
traffickers are not setting aside funds for this work, and the cost is
passed on to the American people.
Illicit marijuana cultivation also damages the economy and hurts
legitimate businesses. Timber companies, farmers and ranchers have had
their operations disrupted by criminals growing marijuana illegally.
Marijuana growers on agricultural lands, particularly in the Central
Valley, divert thousands of gallons of scarce water from legitimate
agriculture. In 2013 alone, California has identified over 1,800 grow
sites in the Central Valley, including 406 in Tulare County and 537 in
Fresno as of November.
As Chairman of the Senate Caucus on International Narcotics Control
and also as a Senator who has worked to safeguard our country's natural
resources, I believe that we cannot allow drug traffickers to destroy
our public lands, pollute our waters and kill our wildlife with
impunity. It is time that sentencing guidelines take into account the
environmental damage that drug traffickers all too often cause. This
legislation, directing the Sentencing Commission to review and amend
its guidelines, will do just that.
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. 1889
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S9108]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Lands Against
Narcotics Trafficking Act of 2013'' or the ``PLANT Act''.
SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMENDMENTS.
(a) Cultivating or Manufacturing Controlled Substances on
Federal Property.--Section 401(b)(5) of the Controlled
Substances Act (21 U.S.C. 841(b)(5)) is amended, in the
matter preceding subparagraph (A), by striking ``as provided
in this subsection'' and inserting ``for not more than 10
years, in addition to any other term of imprisonment imposed
under this subsection''.
(b) Use of Hazardous Substances.--Pursuant to its authority
under section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend and review the
Federal Sentencing Guidelines and policy statements to ensure
that the guidelines provide for a penalty enhancement of not
less than 1 offense level for a violation of section 401(a)
of the Controlled Substances Act (21 U.S.C. 841(a)) while on
Federal property or intentionally trespassing on the property
of another if the offense--
(1) includes the use of a poison, chemical, or other
hazardous substance to cultivate or manufacture controlled
substances on Federal property;
(2) creates a hazard to humans, wildlife, or domestic
animals;
(3) degrades or harms the environment or natural resources;
or
(4) pollutes an aquifer, spring, stream, river, or body of
water.
(c) Stream Diversion or Clear Cutting on Federal
Property.--
(1) Prohibition on stream diversion or clear cutting on
federal property.--Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)), as amended by subsection
(a), is amended by adding at the end the following:
``(8) Destruction of bodies of water.--Any person who
violates subsection (a) in a manner that diverts, redirects,
obstructs, or drains an aquifer, spring, stream, river, or
body of water or clear cuts timber while cultivating or
manufacturing a controlled substance on Federal property or
while intentionally trespassing on the property of another
shall be fined in accordance with title 18, United States
Code.''.
(2) Federal sentencing guidelines enhancement.--Pursuant to
its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall review
and amend the Federal Sentencing Guidelines and policy
statements to ensure that the guidelines provide for a
penalty enhancement of not less than 1 offense level for a
violation of section 401(a) of the Controlled Substances Act
(21 U.S.C. 841(a)) if the offense involves the diversion,
redirection, obstruction, or draining of an aquifer, spring,
stream, river, or body of water or the clear cut of timber
while cultivating or manufacturing a controlled substance on
Federal property or while intentionally trespassing on the
property of another.
(d) Booby Traps on Federal Land.--Section 401(d)(1) of the
Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by
inserting ``cultivated,'' after ``is being''.
(e) Use or Possession of Firearms in Connection With Drug
Offenses on Federal Lands.--Pursuant to its authority under
section 994 of title 28, United States Code, the United
States Sentencing Commission shall review and amend the
Federal Sentencing Guidelines and policy statements to ensure
that the guidelines provide for a penalty enhancement of not
less than 1 offense level for a violation of section 401(a)
of the Controlled Substances Act (21 U.S.C. 841(a)) if the
offense involves the possession of a firearm while
cultivating or manufacturing controlled substances on Federal
lands or intentionally trespassing on the property of
another.
______
By Ms. COLLINS (for herself and Mr. King):
S. 1892. A bill to direct the Secretary of Veterans Affairs to
establish a registry of certain veterans who were stationed at or
underwent training at Canadian Forces Base Gagetown, New Brunswick,
Canada, and for other purposes; to the Committee on Veterans' Affairs.
Ms. COLLINS. Mr. President, today I am introducing a bill addressing
an issue important to Maine veterans who served at Canadian Forces
Base, CFB, Gagetown. Veterans who served there may have suffered from
adverse health impacts due to exposure to the herbicide Agent Orange,
which was used at CFB Gagetown in 1966 and 1967. This bill would
require the Secretary of Veterans Affairs, VA, to establish a registry
of U.S. veterans who served or trained at CFB Gagetown between 1956 and
2006 and have subsequently experienced health issues, which may have
resulted from exposure to these chemicals. It also directs the VA to
commission an independent study investigating any possible linkage
between the spraying of Agent Orange at CFB Gagetown and subsequent
health problems among the American soldiers who served or trained
there. The legislation I am offering with Senator King is similar to
another bill that has been introduced by Congressman Mike Michaud in
the House of Representatives.
Protecting the health of those who have served our Nation is a solemn
responsibility. I have heard from veterans in Maine about how they have
suffered from diabetes, cancers, and respiratory illnesses. Many of
these veterans fear their illnesses are linked to the use of Agent
Orange in the 1960s. These veterans, however, have had difficulty in
persuading the VA that their health problems are related to this
chemical exposure.
By requiring the VA to establish a registry of these veterans, we
recognize these widespread concerns and provide veterans with a way to
make their claims known to the VA and to identify commonalities among
their shared experiences. It also provides the VA with the ability to
reach out to veterans on this issue of critical importance.
Last month, I personally raised this issue with the Canadian Minister
of Defence. Many Canadian veterans who served or trained at CFB
Gagetown voiced similar concerns with their government. He described
how the Government of Canada found a way to appropriately compensate
service members affected by the toxic chemicals used at Gagetown.
Ultimately, the Canadian government approved one-time ex gratia
payments of $20,000 for qualifying veterans who demonstrated that they
were at CFB Gagetown during the days when the toxic agents were
sprayed.
A crucial provision in this legislation requires the VA to commission
an independent study that investigates the connection between health
problems and exposure to Agent Orange at CFB Gagetown. Previously, I
requested that the Centers for Disease Control and Prevention and the
Agency for Toxic Substances and Disease Registry conduct an
investigation into whether Maine veterans were exposed to toxic
chemicals while training at CFB Gagetown. A significant deficiency with
the CDC report, however, was that it relied solely on existing Canadian
government studies on this subject rather than conducting interviews of
those who trained there. Many Maine veterans feel strongly that they
suffered negative consequences from exposure to Agent Orange while
training at Gagetown. The United States Government should conduct its
own independent study with interviews.
This legislation keeps faith with our veterans by demonstrating that
our government takes the allegations of exposure to Agent Orange
seriously. The bill will help identify and bring together the shared
experience of those who trained at CFB Gagetown. This bill will make it
easier for the VA to conduct outreach on this issue pending any new
developments. I look forward to working with Senator King and all of my
colleagues to pass this important bill.
____________________