[Congressional Record Volume 160, Number 94 (Tuesday, June 17, 2014)]
[Senate]
[Pages S3720-S3723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself, Mr. Franken, and Mr. Sanders):
S. 2476. A bill to direct the Federal Communications Commission to
promulgate regulations that prohibit certain preferential treatment or
prioritization of Internet traffic; to the Committee on Commerce,
Science, and Transportation.
Mr. LEAHY. Mr President, in recent months, we have seen an outpouring
of public support for maintaining meaningful open Internet rules.
Americans are speaking loud and clear--they want an Internet that is a
platform for free expression and innovation, where the best ideas and
services can reach consumers based on merit rather than based on a
financial relationship with a broadband provider. I agree, which is why
today I am proud to join my friend in the House, Representative Doris
Matsui of California, to introduce bicameral legislation requiring the
Federal Communications Commission FCC, to ban pay-to-play deals on the
Internet.
Since FCC Chairman Tom Wheeler began a proceeding to consider new
open Internet rules, nearly 300,000 Americans have commented on his
proposal. They are concerned that the Internet will become a place
where broadband providers charge tolls to websites or applications in
order to reach end users. This would represent a fundamental departure
from the way in which consumers and entrepreneurs interact with the
Internet. A two-tiered Internet based on ability to pay would harm the
innovative and competitive environment we have all come to expect in
the online world.
A pay-to-play Internet would allow larger companies to squeeze out
their competitors. A small web company in Vermont that develops an idea
to rival the largest Silicon Valley titans should not have to worry
that its access to
[[Page S3721]]
consumers could be blocked because its competitors have a paid
arrangement with broadband providers. The next generation of Internet
companies should have the same protections that allowed a company like
Vermont's Dealer.com to become a thriving success.
Such arrangements would also harm consumers, who would not have the
assurance that the service they are paying for will provide the speed
that they want. Too many Americans currently lack real choice in
broadband providers, particularly those in rural areas. If the FCC
clears the way for pay-to-play deals, whole swaths of the Internet
could become functionally inaccessible to the customers of certain
Internet providers. This is not the Internet we know today and we must
act to ensure that it does not come to pass.
The Online Competition and Consumer Choice Act, which I am
introducing with Congresswoman Matsui today, is straightforward. It
requires the FCC to establish rules preventing providers from charging
websites for priority access. It also requires rules to prevent
providers from prioritizing their own affiliated content or services.
This legislation should not be used by opponents of meaningful open
Internet rules as an excuse for the FCC to not take any action that
will protect consumers and innovators. The FCC should act now to ban
these deals. I appreciate that Chairman Wheeler is asking whether they
should be banned outright in the current open Internet proceeding. The
overwhelming response from the American people is that they should be.
The importance of an open Internet is an issue that resonates outside
of the Beltway, and with good reason--most Americans interact with the
Internet as part of their daily lives. The issue of how we protect and
promote an open Internet is crucial to our culture and our economy. I
want to make sure that stakeholders from outside of Washington have an
opportunity to show policymakers and regulators here that their
decisions will have a significant impact throughout the country. That
is why I am holding a Judiciary Committee field hearing on July 1 at
the University of Vermont.
There should be widespread agreement to prevent special deals that
harm consumers and dampen online innovation. The FCC and Congress
should rightly focus on this timely and significant issue. I urge the
Senate to pass this constructive legislative response.
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. 2476
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 ``Online Competition and
Consumer Choice Act of 2014''.
SEC. 2. FCC REGULATIONS PROHIBITING CERTAIN PREFERENTIAL
TREATMENT OR PRIORITIZATION OF INTERNET
TRAFFIC.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall promulgate
regulations that--
(1) prohibit a broadband provider from entering into an
agreement with an edge provider under which the broadband
provider agrees, for consideration, in transmitting network
traffic over the broadband Internet access service of an end
user, to give preferential treatment or priority to the
traffic of such edge provider over the traffic of other edge
providers; and
(2) prohibit a broadband provider, in transmitting network
traffic over the broadband Internet access service of an end
user, from giving preferential treatment or priority to the
traffic of content, applications, services, or devices that
are provided or operated by such broadband provider, or an
affiliate of such broadband provider, over the traffic of
other content, applications, services, or devices.
(b) Rules of Construction.--
(1) Certain traffic not affected.--Nothing in this section
shall be construed as superseding any obligation or
authorization a broadband provider may have to address the
needs of emergency communications or law enforcement, public
safety, or national security authorities, consistent with or
as permitted by applicable law, or as limiting the ability of
the provider to do so.
(2) Clarification of authority.--Nothing in this section
shall be construed as limiting the authority of the
Commission under any other provision of law, including the
authority to promulgate regulations prohibiting or limiting
preferential treatment or prioritization of the traffic of an
edge provider by a broadband provider under GN Docket No. 14-
28 (relating to the matter of protecting and promoting the
open Internet).
(c) Enforcement.--For purposes of sections 503(b) and 504
of the Communications Act of 1934 (47 U.S.C. 503(b); 504),
this section shall be considered to be a part of such Act.
With respect to enforcement under this section only, the
following modifications of such section 503(b) shall apply:
(1) Paragraph (5) shall not apply.
(2) Paragraph (6) shall be applied by substituting the
following: ``No forfeiture penalty shall be determined or
imposed against any person under this subsection if the
violation charged occurred more than 3 years prior to the
date of issuance of the required notice or notice of apparent
liability.''.
(d) Definitions.--In this section:
(1) Affiliate.--The term ``affiliate'' has the meaning
given such term in section 3 of the Communications Act of
1934 (47 U.S.C. 153).
(2) Broadband internet access service.--The term
``broadband Internet access service'' has the meaning given
such term in section 8.11 of title 47, Code of Federal
Regulations.
(3) Broadband provider.--The term ``broadband provider''
means a provider of broadband Internet access service.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Edge provider.--The term ``edge provider'' means an
individual, institution, or other entity that provides--
(A) any content, application, or service over the Internet;
or
(B) a device used for accessing any content, application,
or service over the Internet.
(6) End user.--The term ``end user'' means an individual,
institution, or other entity that uses a broadband Internet
access service.
______
By Ms. COLLINS (for herself and Mrs. Murray):
S. 2478. A bill to authorize the Secretary of Transportation to
partner with industry to strengthen the safety culture and safety
practices of short line and regional freight railroads; to the
Committee on Commerce, Science, and Transportation.
Ms. COLLINS. Mr. President, today Senator Murray and I are
introducing legislation to enhance the safety practices and safety
culture of short line railroads. The horrific derailment that occurred
in Lac-Megantic, Quebec, last year, just 30 miles from the Maine
border, brought to light the importance of ensuring the safe
transportation of energy products. Specifically, our bill would
authorize the Secretary of Transportation to make grants to a new Short
Line Safety Institute for research, development, evaluation, and
training efforts.
In the early morning hours of July 6, 2013, a freight train carrying
hundreds of thousands of gallons of crude oil was sent hurtling toward
the small, picturesque Canadian village of Lac-Megantic. The train
derailed in the center of town, leveling several blocks, and killing 47
residents. Since the accident, the National Transportation Safety Board
and the Department of Transportation have been working with American
Short Line and Regional Railroad Association to develop new safety
guidelines to prevent future disasters.
While this tragedy hit very close to home for us Mainers, there have
been several other derailments of crude oil and other hazardous
material recently across the country. Despite these incidents, the
railroad industry maintains it has a strong safety record. According to
the Association of American Railroads, 99.997 percent of rail hazmat
shipments reached their destination without a release of product. This
underscores the problem we face today we must ensure that we are taking
the necessary steps to prevent another Lac-Megantic, while not
overburdening an industry that has a proven track record of safety.
There are 550 short line railroad companies that operate over 50,000
miles of track, or nearly one third of the national railroad network.
The tracks can be as short as 2 miles or up to more than 1,000 miles
long. Generally, short line railroads must follow the same rules and
regulations as the Nation's major railroads. But railroad safety is
about more than just following the rules. Our bill would authorize the
Short Line Safety Institute, under the Federal Railroad
Administration's research and development programs, to provide a
continuous and active focus on short line safety to assist individual
short lines to improve their safety performance. It would allow for the
hiring
[[Page S3722]]
of professional assessment staff who would work with individual short
line managers and their employees to assess and improve safety
practices. Safety training materials and techniques would be developed,
and efforts would be made to further increase management and employee
focus on creating a safety culture.
Short line railroads are mostly small businesses with far fewer
employees than the Class I railroads. In addition, most of the
employees have multiple responsibilities, stretching their time and
resources thin. Furthermore, a large percentage of short line railroad
resources go into track rehabilitation, which limits the resources
available for other areas. This bill would allow short line railroad
management to continually work with their employees using the most up
to date methods to ensure safe operations. It would also improve
awareness of industry best practices, both in general and with regard
to specific commodities such as crude oil.
For those in rural America, short line railroads are a critical link
to the national railroad network. Most are preserving light density
lines that otherwise would have been abandoned, leaving thousands of
small shippers in the lurch. They do their best to provide an essential
service as safely as possible; however, with assistance, they believe
they can do better, and establishing a Short Line Safety Institute is a
cost effective way to do so. The concept merits our support, and I am
pleased to introduce this legislation with Senator Murray to help make
this concept a reality.
______
By Mr. REID:
S. 2479. A bill to provide for a land conveyance in the State of
Nevada; to the Committee on Indian Affairs.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2479
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 ``Moapa Band of Paiutes Land
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Moapa
River Reservation Expansion'', dated June 16, 2014, and on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Moapa Band of
Paiutes.
SEC. 3. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE MOAPA
BAND OF PAIUTES.
(a) In General.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in subsection (b) 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) Description of Land.--The land referred to in
subsection (a) is the approximately 26,565 acres of land
administered by the Bureau of Land Management and the Bureau
of Reclamation as generally depicted on the map as
``Expansion Area''.
(c) 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).
(d) Use of Trust Land.--
(1) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as defined in
section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703)).
(2) General uses.--
(A) In general.--The Tribe shall use the land taken into
trust under subsection (a) only for--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the Tribe;
(iii) residential or recreational development; or
(iv) renewable energy development.
(B) Other uses.--
(i) In general.--If the Tribe uses any portion of the land
taken into trust under subsection (a) for a purpose other
than a purpose described in subparagraph (A), the Tribe shall
pay to the Secretary an amount that is equal to the fair
market value of the portion of the land, as determined by an
appraisal in accordance with clause (ii).
(ii) Appraisal.--The Secretary shall determine the fair
market value of the land under clause (i) based on an
appraisal that is performed in accordance with--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(II) the Uniform Standards of Professional Appraisal
Practices; and
(III) any other applicable law (including regulations).
______
By Mr. REID (for himself and Mr. Heller):
S. 2480. A bill to require the Secretary of the Interior to convey
certain Federal land to Elko County, Nevada, and to take land into
trust for certain Indian tribes, and for other purposes; to the
Committee on Indian Affairs.
Mr. REID. Mr. President. I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2480
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 ``Nevada
Native Nations Land Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
Sec. 101. Definitions.
Sec. 102. Conveyance of land to county.
TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES
Sec. 201. Conveyance of land to be held in trust for certain Indian
tribes.
Sec. 202. Administration.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Interior.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
SEC. 101. DEFINITIONS.
In this title:
(1) City.--The term ``city'' means the city of Elko,
Nevada.
(2) County.--The term ``county'' means the county of Elko,
Nevada.
(3) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated January 9, 2010.
SEC. 102. CONVEYANCE OF LAND TO COUNTY.
(a) In General.--As soon as practicable after the date of
enactment of this Act, subject to valid existing rights and
this section, the Secretary shall convey to the county,
without consideration, all right, title, and interest of the
United States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 275 acres of land
managed by the Bureau of Land Management, Elko District,
Nevada, as generally depicted on the map as ``Elko Motocross
Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this
section shall be used only as a motocross, bicycle, off-
highway vehicle, or stock car racing area, or for any other
public purpose consistent with uses allowed under the Act of
June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the
county to pay all survey costs and other administrative costs
necessary for the preparation and completion of any patents
for, and transfers of title to, the land described in
subsection (b).
(f) Reversion.--If the land conveyed under this section
ceases to be used for a public purpose in accordance with
subsection (d), the land shall, at the discretion of the
Secretary, revert to the United States.
TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES
SEC. 201. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN
INDIAN TRIBES.
(a) Te-Moak Tribe of Western Shoshone Indians of Nevada
(Elko Band).--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Te-moak Tribal Land
Expansion'', dated September 30, 2008, and on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Te-Moak Tribe of Western Shoshone Indians of Nevada
(Elko Band); and
(B) shall be part of the reservation of the Te-Moak Tribe
of Western Shoshone Indians of Nevada (Elko Band).
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 373 acres of land administered by
the
[[Page S3723]]
Bureau of Land Management as generally depicted on the map as
``Lands to be Held in Trust''.
(b) Conveyance of Land to Be Held in Trust for the Fort
McDermitt Paiute and Shoshone Tribe.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Fort McDermitt Indian
Reservation Expansion Act'', dated February 21, 2013, and on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Fort McDermitt Paiute and Shoshone Tribe; and
(B) shall be part of the reservation of the Fort McDermitt
Paiute and Shoshone Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 19,094 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``Reservation Expansion Lands''.
(c) Conveyance of Land to Be Held in Trust for the Shoshone
Paiute Tribes.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Mountain City Administrative
Site Proposed Acquisition'', dated July 29, 2013, and on file
and available for public inspection in the appropriate
offices of the Forest Service.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Shoshone Paiute Tribes of the Duck Valley Indian
Reservation; and
(B) shall be part of the reservation of the Shoshone Paiute
Tribes of the Duck Valley Indian Reservation.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 82 acres of land administered by the
Forest Service as generally depicted on the map as ``Proposed
Acquisition Site''.
(d) Transfer of Land to Be Held in Trust for the Summit
Lake Paiute Tribe.--
(1) Definition of map.--In this section, the term ``map''
means the map entitled ``Summit Lake Indian Reservation
Conveyance'', dated February 28, 2013, and on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Summit Lake Paiute Tribe; and
(B) shall be part of the reservation of the Summit Lake
Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 941 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``Reservation Conveyance Lands''.
(e) Transfer of Land to Be Held in Trust for the Reno-
Sparks Indian Colony Land.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Reno-Sparks Indian Colony
Expansion'', dated June 11, 2014, and on file and available
for public inspection in the appropriate offices of the
Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the benefit
of the Reno-Sparks Indian Colony; and
(B) shall be part of the reservation of the Reno-Sparks
Indian Colony.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 13,434 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``RSIC Amended Boundary''.
(f) Transfer of Land to Be Held in Trust for the Pyramid
Lake Paiute Tribe.--
(1) Map.--In this subsection, the term ``map'' means the
map entitled ``Pyramid Lake Indian Reservation Expansion'',
dated June 9, 2014, and on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (1)--
(A) is held in trust by the United States for the benefit
of the Pyramid Lake Paiute Tribe; and
(B) shall be part of the reservation of the Pyramid Lake
Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 30,669 acres of land administered by
the Bureau of Land Management as generally depicted on the
map as ``Reservation Expansion Lands''.
(g) Transfer of Land to Be Held in Trust for the Te-Moak
Tribe of Western Shoshone Indians of Nevada (South Fork
Band).--
(1) Release of wilderness study area.--
(A) Finding.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the Red Spring wilderness study
area has been adequately studied for wilderness designation.
(B) Release.--The public land described in subparagraph (A)
is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
(2) Transfer of land to be held in trust for the te-moak
tribe of western shoshone indians of nevada (south fork
band).--
(A) Definition of map.--In this paragraph, the term ``map''
means the map entitled ``South Fork Indian Reservation
Expansion'', dated June 9, 2014, and on file and available
for public inspection in the appropriate offices of the
Bureau of Land Management.
(B) Conveyance of land.--
(i) In general.--Subject to clause (ii) and all valid
existing rights, all right, title, and interest of the United
States in and to the land described in subparagraph (C)--
(I) is held in trust by the United States for the benefit
of the Te-Moak Tribe of Western Shoshone Indians of Nevada
(South Fork Band); and
(II) shall be part of the reservation of the Te-Moak Tribe
of Western Shoshone Indians of Nevada (South Fork Band).
(ii) Exception.--The oversight and renewal of all oil and
gas leases in existence on the date of the enactment of this
Act shall remain the responsibility of the Bureau of Land
Management in consultation with the South Fork Band Council.
(C) Description of land.--The land referred to in
subparagraph (B) is the approximately 28,162 acres of land
administered by the Bureau of Land Management as generally
depicted on the map as ``Reservation Expansion Lands''.
SEC. 202. ADMINISTRATION.
(a) 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 for each Indian tribe under section 201.
(b) Use of Trust Land.--
(1) Gaming.--Land taken into trust under section 201 shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)).
(2) General uses.--
(A) In general.--Each Indian tribe for which land is taken
into trust under section 201 shall use the land taken into
trust under that section only for--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the Indian
tribe;
(iii) residential or recreational development;
(iv) renewable energy development; or
(v) mineral development.
(B) Other uses.--If an Indian tribe for which land is taken
into trust under section 201 uses any portion of the land
taken into trust under that section for a purpose other than
a purpose described in subparagraph (A), that Indian tribe
shall pay to the Secretary an amount that is equal to the
fair market value of the portion of the land, as determined
by an appraisal.
(C) Appraisal.--The Secretary shall determine the fair
market value of the land under paragraph (2)(B) based on an
appraisal that is performed in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(ii) the Uniform Standards of Professional Appraisal
Practices; and
(iii) any other applicable law (including regulations).
(3) Thinning; landscape restoration.--With respect to the
land taken into trust under section 201, the Secretary, in
consultation and coordination with the applicable Indian
tribe, may carry out any fuel reduction and other landscape
restoration activities, including restoration of sage grouse
habitat, on the land that is beneficial to the Indian tribe
and the Bureau of Land Management.
____________________