[Congressional Record (Bound Edition), Volume 155 (2009), Part 6]
[Issue]
[Pages 6885-7149]
[From the U.S. Government Publishing Office, www.gpo.gov]
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VOLUME 155--PART 6
SENATE--Wednesday, March 11, 2009
The Senate met at 11 a.m. and was called to order by the Honorable
Michael F. Bennet, a Senator from the State of Colorado.
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prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
O Lord, our Saviour, Your Word reminds us that to whom much is given,
much will be required. Look with favor upon our lawmakers today. May
they endeavor this and every day to be what You command. Give them ears
to hear the inner voice of Your Holy Spirit, who searches the depths of
their hearts, in order to lead them to Your truth. Imbue them with
wisdom to face every challenge with grateful dependence upon You. Lord,
let Your creative power touch them so that they will find solutions to
the problems that beset our land. Free them from anxiety and fear, as
they discover the independence which comes from trusting Your
sovereignty.
We pray in the Redeemer's Name. Amen.
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PLEDGE OF ALLEGIANCE
The Honorable Michael F. Bennet led the Pledge of Allegiance, as
follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The assistant legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, March 11, 2009.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Michael F. Bennet, a Senator from the State of Colorado, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. BENNET thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
SCHEDULE
Mr. REID. Mr. President, following leader remarks, the Senate will
proceed to a period of morning business until 11:30 a.m., with Senators
permitted to speak for up to 10 minutes each. The Republicans will
control all the morning business time; that is, until 11:30. Following
morning business, the Senate will proceed to executive session to
consider the nomination of David Ogden, to be Deputy Attorney General.
The time until 4:30 p.m. will be equally divided and controlled between
the two leaders or their designees. Under an agreement reached last
night, the vote on the confirmation of the Ogden nomination will occur
at a time to be agreed upon tomorrow.
We are also working on a number of other nominations. We are going to
spend this week on nominations--at least the next day or so. We are
working on Thomas Perrelli to be Associate Attorney General and a
number of others. We hope the Republicans will work with us on getting
some of these nominations cleared. We are glad we got a couple of the
Council of Economic Advisers done last night. I appreciate that good
work. We will see what happens as the day proceeds.
This is a day with no votes. Certainly, I think we deserve that,
based on what we have been through in the last several weeks. We are
going to have our annual meeting with the Supreme Court Justices
tonight. I remind all Senators of that. It is one of the rare times
when the two branches of Government meet in a social setting where we
will have the Supreme Court Justices and the Senators there in the
Supreme Court. It has been very helpful in years past, and I am
confident it will be a very nice event tonight.
I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
____________________
MORNING BUSINESS
The ACTING PRESIDENT pro tempore. Under the previous order, there
will now be a period of morning business until 11:30 a.m., with
Senators permitted to speak for up to 10 minutes each, with the time
controlled by the Republicans.
The Senator from New Hampshire.
Mr. GREGG. Mr. President, I ask unanimous consent to speak for 15
minutes.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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PRESIDENT'S BUDGET
Mr. GREGG. Mr. President, I wish to address, again, the issue of the
budget as proposed by the President of the United States, which is
about to be taken up by the Budget Committees of the Senate and the
House, and its implications for us as a nation because the implications
of it are rather dramatic.
Now, I understand--and all of us on our side of the aisle
understand--the last election was won by the President and his party,
that the Democratic Party now controls both the House and the Senate
and the administration and, therefore, they have absolute
responsibility and the right to send us a budget
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which reflects their priorities. But I think we ought to have openness
as to what the implications of that budget are relative to the future
of our Nation, and they are dramatic.
As you look at the budget that has been proposed by this
administration, it represents the largest expansion of Government in
our history. It is a proposal which is essentially moving the
Government into arenas with an aggressiveness that has never been seen
before. It has in it the largest tax increase in history, as well as
the fastest increase in the debt of our Nation in history.
The taxes go up by $1.4 trillion under this budget. Discretionary
spending, which is spending that is not entitlement spending, goes up
by $725 billion. Entitlement spending--which are things such as health
care--goes up by $1.2 trillion. Yet there is no effort to save money in
this budget to reduce the cost of spending and the cost of the
Government. Instead, there is an expansion of the Government in this
rather aggressive way.
The practical effect of this is that within 5 years the debt of the
United States held by the public will double. That means in the first 5
years of this administration--presuming it is reelected--they will have
increased the debt more than the debt was increased since the founding
of the Republic all the way through the Presidency of George W. Bush;
they will have doubled the debt of the country.
In 10 years, because of this massive expansion in the size of the
Government, they will triple the debt of the country.
What does ``debt'' mean? What does tripling the debt from $5.8
trillion to $15 trillion in 10 years mean? Well, basically, it means
Americans coming into the workforce, Americans of the next generation,
and the generation that follows that generation, will bear a burden
from our generation--that the costs of today are being offloaded onto
our children. The result of that is very simple. Our children and our
grandchildren will have a country which will not give them as much
opportunity as our country has given us because the burden from our
generation will be weighing them down. The costs we have run up as a
generation and passed on to them will set them behind the starting
line. They will end up having less opportunity to buy a house, send
their kids to college, live a quality of life we have lived because
they will start out with a debt and a burden of a government which
exceeds, in many instances, their ability to pay.
We are, under this proposal, heading the Nation into an untenable
situation. In the area of deficits, which translates into debt--a
deficit is what happens at the end of the year when your bills come in.
If you have more bills than you have income, you end up with a deficit.
That, then, becomes debt.
In the area of deficits, this budget takes us up dramatically in the
next 2 years to an all-time high--a number that is hardly even
contemplatable--a $1.7 trillion deficit this coming year. That is 28
percent of gross national product being spent by the Federal
Government.
Now, I am willing to accept this number and not debate it because we
are in a recession. It is necessary for the Government to step in and
be aggressive, and the Government is the last source of liquidity. So
one can argue that this number, although horribly large, is something
we will simply have to live with. What one can't accept is what happens
in the outyears--rather than bringing this deficit down to a reasonable
number, a number which would be sustainable for our children to bear--
because the President is proposing to expand the Government
dramatically, its size and its cost. He is proposing deficits as far as
the eye can see of 3 to 4 percent of gross domestic product.
What does that mean, 3 to 4 percent of gross domestic product? Well,
historically, the deficit of the United States over the last 20 years
has been 1.9 percent of gross domestic product. It means every year we
are adding so much more debt than we can afford to our Nation that our
children, again, will have less opportunity to succeed.
To put it in numbers terms, historically, the debt of the Federal
Government has been about 40 percent of gross domestic product. In
these outyears--ignoring this situation which is driven by the very
severe recession--in these outyears, the public debt compared to the
gross domestic product will stay at about 67 percent of gross domestic
product, not 40 percent, which is sustainable but 67 percent. Those are
numbers which, if we were in another part of the world, would be
described as a Banana Republic because they are not sustainable and
they drive us up to a cost which is not affordable. Those are the
numbers which are driving the tripling of the national debt in 10
years.
One may say, well, where does that all come from, all this expansion
of debt that is going to be put on our children's backs? It comes,
quite simply, from spending. This administration has proposed the
largest increase in the size of the Federal Government in our history,
a massive shift to the left of the Government.
This is a chart which shows the historical spending of the Federal
Government as a percent of GDP. Historically, this line right here
reflects the mean, which has been somewhere around 20 percent of gross
national product. That is a big chunk of the gross national product to
be spending on the Federal Government, but that is what we have been
doing. With the recession, obviously, it spikes up to 28 percent, but
the point is that this administration doesn't plan to bring it down to
historical levels; rather, they intend to keep spending at around 22 to
23 percent of gross national product. That is not affordable. It is not
sustainable.
Why is it not sustainable? Because they don't increase taxes to that
level. If they did, they would basically be creating a confiscatory
situation for young people who are going into the workforce; rather,
they simply run up debt to try to cover that difference at a
catastrophically fast rate. We have to bring this spending line down if
we are going to have a responsible budget.
Now, why does this go up so much? Why does this spending level go up
so much? Well, it goes up so much because essentially they are planning
to nationalize large segments of the economy; to have the Government
take over the responsibility for large segments of the economy. The
most specific area they do this in is in educational loans, where today
we have what is known as the public-private balance, where some people
get their loans directly from the Federal Government and some people
get their loans from the private sector. They are going to end that
policy, and they are going to have the Federal Government take over all
lending. That is the most specific. However, if you look at their
health care policy, they are moving in that direction there too. They
have suggested in this budget that we should increase health care
spending as a downpayment for $634 billion. That is a downpayment. The
actual number of the increase is closer to $1.2 trillion in new health
care spending.
What does that really mean? Well, essentially we as a government and
we as a nation spend 17 percent of our gross national product on health
care. That is much more than any other industrialized nation in the
world spends. The next closest nation spends about 12 or 11 percent. So
it isn't that we are not spending enough on health care in this
country; it is that we don't use it very well--the money. We don't
allocate it very well, and we don't use it efficiently.
What the administration suggests is that we should expand that
spending in the area of health care by another $1.2 trillion, as they
move the Federal Government into the role of basically deciding how
health care should be managed in this country, in a much more direct
way. That is one of the reasons this spending line stays up so high.
At the same time, they are suggesting massive new tax increases--
massive new tax increases--the largest tax increases in history. Now,
this has been covered with the argument that, oh, this is just going to
tax the wealthy; the rich among us are going to be the ones who pay
these taxes. Well, that is a canard. That is a straw dog. When you
start increasing taxes at the rate they are proposed to be increased in
this budget--$1.4 trillion of
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new taxes--you are going to hit everybody. You are going to hit
everybody pretty hard.
There is in this budget proposal something that is euphemistically
called a carbon tax. That is a term of art to cover up what it really
is. It is a national sales tax on your electrical bill. It is estimated
by MIT, a fairly objective institution, that this national sales tax on
your electrical bill will raise around $300 billion a year. That is
$300 billion a year that will be added to your electrical bill. The
administration says it is $64 billion, but the same program they are
talking about when looked at by an objective group at MIT, they
concluded the real cost would be $300 billion. Whether it is $64
billion or $300 billion, it is a huge tax that is going to affect every
American when they get their electrical bill.
In addition, they have this tax which they call the wealthy tax.
People making over $250,000, they are essentially going to nationalize
their income and say: If you make more than $250,000 we are going to
raise your tax rate up to an effective rate of 42 percent. Well, I
guess if you don't make that type of money, it probably doesn't bother
you, but think about the people who are making $250,000. For the most
part, they are small business people. They run a restaurant. They run a
small software company. They run a small manufacturing firm. They are
the people who create jobs in this country. Most small businesses are
sole proprietorships or subchapter S corporations. The money they make
is taxed to the individual who runs the small company. Whether it is a
restaurant or a software company or a small manufacturer, it is taxed
to them personally.
What do they do with that money? They take it and they invest it in
their small business. Where are jobs created in this Nation? They are
created by small business. This is a tax on small business. Then, of
course, they raise the capital gains rates. They raise the dividend
rates. Aren't we in a recession? Why would you raise taxes on the
productive side of the economy when you are in a recession? Is that
constructive to getting out of the recession? No. In fact, the stock
markets are saying exactly that. They are looking at this budget and
saying: Wow, this is the largest increase in the Government ever
proposed, and it is going to be borne by the people who are the
entrepreneurs and the small business people.
So do we really want to invest in America? Do we really want to put
our money into the effort to try to make this country grow? Second
thoughts. That is what is happening in the stock market. It is not
constructive to economic growth.
Tax policy has to be constructed in a way that creates an incentive
for people to go out and take risks. It creates an incentive for people
to be willing to take their money and invest in something that is going
to create jobs. When it is said to someone we are going to take 40
cents of the next dollar they make and throw State and local taxes on
top of that--for example, in New York, it would amount to almost 60
percent of the next dollar they make--people start to think: Well, why
should I invest in something that is a taxable event? Let me invest in
something that is not a taxable event.
So instead of getting an efficient use of capital, people are running
around investing their money to try to avoid taxes. As a result, we
don't create more jobs; we just create more tax attorneys. Well, maybe
that is jobs. I used to be a tax attorney, so I shouldn't pick on tax
attorneys, but as a practical matter, it is not an efficient way to use
capital.
We saw over the last 7 years prior to this recession--and granted,
this recession has created an aberration for everything that is
economic--we had a tax policy which saw the largest increase in
revenues for 4 straight years that this country has ever experienced.
We saw a tax policy which basically stood on its head the idea that if
we maintain a low tax burden in capital gains, we would collect less
taxes. In fact, it did just the opposite. We collected much more taxes
from capital gains. In fact, over the last 7 years, because of the tax
policy that was in place, the Tax Code became more progressive. The top
20 percent of income producers in this country ended up paying 85.7
percent of the income taxes in the country. That was compared with the
Clinton years when the top 20 percent of income producers in this
country paid 82 percent of the taxes.
At the same time, the bottom 40 percent of people receiving income in
this country ended up getting twice as much back because they don't pay
income taxes and they get a rebate in many instances through the EITC.
They ended up getting twice as much back than during the Clinton years.
So you actually had in the last 7 years a tax policy that encouraged
growth, encouraged entrepreneurship, encouraged job creation, which was
generating more revenues to the Federal Treasury, and yet being more
progressive than during the period of the Clinton years.
What the administration has suggested is, we should not only go back
to the Clinton years, we should do even more by taking an effective
rate that will even go above the rate of the Clinton years to 42
percent, 41 percent. It makes no sense, especially in a time of
recession, to basically have that sort of attack on small business and
job producers in our Nation.
So this budget is a statement of policy which is pretty definitive,
and I don't believe it is very constructive. It is a statement of
policy which says we are going to radically expand the spending in this
country. We are going to radically expand the size of Government in
this country. We are going to end up after 5 years with Government we
can't afford, that is spending more than at any time in our history,
and that is running up deficits which are going to compound the
problems for our children. It is not constructive, in my opinion. I
think we can do a lot better, and we can do it this year rather than
wait.
Mr. President, I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Georgia is
recognized.
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THE ECONOMY
Mr. ISAKSON. Mr. President, first of all, I wish to commend the
distinguished Senator from New Hampshire. As a Member of the Senate,
there are many people I look to for wisdom and knowledge, and Judd
Gregg is one of them. In my hometown of Atlanta, GA, there is another
person I look to for wisdom and knowledge, and that is my barber,
Tommy.
I got a haircut, as you can probably tell, on Saturday. I was at
Tommy's Barbershop on West Paces Ferry Road and Northside Drive in
Atlanta. While in that barbershop, I talked to a real estate broker, a
stock broker, a pension fund manager, and a good old, average, everyday
American retiree trying to figure out how he is going to make it on
what the markets have done to him in the last year or so.
It is ironic--and I had no plan to make this speech behind Judd
Gregg--but they talked to me about only two things. The first one was
debt because last Saturday was just a week after the announcement of a
$3.6 trillion budget, a 20-percent increase; an increase in taxes and
concern because at a time of economic peril America is bearing more and
more and more.
The other thing is what I rise to talk about today. We have looked
into the mirror to look for the enemy, but we have avoided looking at
ourselves. For a second I wish to talk through regulatory policy. I am
talking about both administrations: the end of the Bush administration
and the beginning of the Obama administration. I think we have been
missing the mark. I wish to share some real-life stories about real-
life Georgians that indicate where mark-to-market accounting is going
in the United States of America, the businesses of the United States of
America, and the people of the United States of America.
Some of my colleagues have watched television and watched the AFLAC
duck commercials. I think they are the best commercials on television.
I also think AFLAC is one of the finest companies in the United States
of America. When we consider AFLAC and Dan
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Amos, the CEO of AFLAC, he put in stockholder consent and stockholder
advice on his compensation and repealed his own golden parachute. All
of those things we all complain about CEOs doing, he did it right. But
stock has plummeted in AFLAC. Do you know why? Because of the FASB
rules on mark to market, his core asset base, which is long-term
assets, held to maturity, to protect against insurance commitments
AFLAC has made, are now being marked to market, meaning assets worth
something are being marked worth nothing.
So the stock has gone down because the evaluators say the footings on
the asset side of the ledger sheet aren't looking as good because of
the mark to market. Let me explain the best I can what that really
means.
Mortgage-backed securities are one investment a lot of life companies
and other industries bought to put on their asset sheet to offset
obligations they have off into the future because those securities have
maturities corresponding with the maturities of the loans embedded
within them of anywhere from 7 to 30 years. When the subprime market
started failing last year, Merrill Lynch, in a crisis mode last July,
sold its subprime securities to get rid of them; it financed the sale
and sold them for 22 cents on the dollar. Under the FASB rules, assets
worth 70 or 80 or 90 percent were marked down to 22 percent. That
lowered the asset side of the ledger and made the stability of the
company look--and I underline that word ``look''--worse, when, in fact,
those assets, held to maturity, would not be anywhere near the value.
Here is a good example of that: Let's just say I bought a mortgage-
backed security, a subprime mortgage-backed security, backed 100
percent by 30-year mortgage loans made in the State of Nevada--every
one a subprime loan. Nevada has the highest foreclosure rate of any
State on subprime paper. Seventy percent of those loans in Nevada today
are paying right on time; 30 percent are in default. Yet, because of
mark to market, that security is not marked at 70 percent, which it is
performing at, but at zero because at a given point in time today you
can't sell it. It is being held by the institution as an offsetting
asset to a liability over a term of maturity.
At Tommy's Barber Shop, I ran into a pension fund man and an
insurance guy, and they said: Why in the world don't we look for
accounting on mark to market like we looked at the pension crisis in
2004?
We have short memories in the Senate. In 2004, because of the
declining stock market in 2001 and 2002, there were a number of defined
benefit plans in America that underfunded. Because of the accounting
rules that were being enforced at the time, those institutions were
asked to write checks to fully fund the pension funds when, in fact,
not everybody is going to retire the same day but over a number of
years.
What did we do in the Congress? With Senators Kennedy, Enzi, myself,
and others, we passed the Pension Protection and Reform Act. We said:
If your pension fund's corpus becomes underfunded, if you cannot meet
your obligation, we will let you smooth that investment, or amortize
it, over 4 to 6 years. In the case of Delta, which was in trouble at
the time, they had a $900 million shortfall in their pension fund. But
because of smoothing, instead of having to put $900 million in in 1
year, they did $150 million over 6 years. Delta is the most profitable
airline in the United States today. They would not exist today had it
not been for the smoothing.
The ACTING PRESIDENT pro tempore. The time for morning business has
expired.
Mr. ISAKSON. Mr. President, I ask unanimous consent for another
minute.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. ISAKSON. Mr. President, in conclusion, I hope everyone will visit
their ``Tommy's Barber Shop'' and look at what we are doing that may
have the unintended consequences of exacerbating the economic problem
for the average American today and for Tommy the barber.
I yield the floor.
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RECOGNITION OF THE MINORITY LEADER
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
Mr. McCONNELL. Mr. President, I am going to proceed on my leader
time.
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
____________________
THE BUDGET
Mr. McCONNELL. Mr. President, we have seen the numbers. Unemployment
is at a 25-year high. Millions are worried about holding on to their
jobs and their homes. With every passing day, Americans are waiting for
the administration to offer its plan to fix the banking crisis that
continues to paralyze our economy. Every day, it seems, the
administration officials are unveiling one new plan after another on
everything from education to health care. Meanwhile, the details of a
banking plan to address our main problem have yet to emerge.
We need reforms in health care and education and in many other areas.
But Americans want the administration to fix the economy first.
Unfortunately, the budget avoids the issue entirely. It simply assumes
this enormously complex problem will be fixed, and then it proposes
massive taxes, spending, and borrowing to finance a massive expansion
of Government. It assumes the best of times, and, as millions of
Americans will attest, these are not the best of times.
Over the next few weeks, the Senate will debate the details of this
budget. One thing is already certain: It spends too much, it taxes too
much, and it borrows too much. This budget would be a stretch in boom
times. In a time of hardship and uncertainty, it is exactly the wrong
approach. The budget's $3.6 trillion price tag comes on top of a
housing plan that went into effect last week that could cost a quarter
of a trillion dollars, a financial bailout that could cost another $1
trillion to $2 trillion, and a stimulus bill that will cost, with
interest, more than a trillion dollars. Some are now talking about yet
another stimulus. The national debt is more than $10 trillion, and
yesterday we passed a $410 billion Government spending bill that
represented an increase in Government spending over last year of twice
the rate of inflation. In just 50 days, Congress has voted to spend
about $1.2 trillion between the stimulus and the omnibus. To put that
into perspective, that is about $24 billion a day or about $1 billion
an hour--most of it, of course, borrowed. There is simply no question
that Government spending has spun out of control.
Given all this spending and debt, the cost of the budget might not
seem like much to some people. But this is precisely the problem. To
most people, it seems that lawmakers in Washington have lost the
perspective of the taxpayer. It is long past time we started to think
about the long-term sustainability of our economy, about creating jobs
and opportunity for future generations. That will require hard choices.
The omnibus bill avoided every one, and, unfortunately, so does the
budget.
Stuart Taylor of the National Journal recently praised the President
in two consecutive columns. Yet he was shocked by the President's
budget. Here is what Taylor said about the budget:
``. . . Not to deny that the liberal wish list in Obama's
staggering $3.6 trillion budget would be wonderful if we had
limitless resources,'' Mr. Taylor wrote. ``But in the real
world, it could put vast areas of the economy under permanent
government mismanagement, kill millions of jobs, drive
investors and employers overseas, and bankrupt the nation.''
There is no question, in the midst of an economic crisis, this budget
simply spends far too much. In order to pay for all this spending, the
budget anticipates a number of rosy scenarios. It doesn't explain how
the economic recovery will come about, it simply assumes that it will.
It projects sustained growth beginning this year and continuing to grow
3.2 percent in 2010.
Let me say that again. It projects sustained growth beginning this
year
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and continuing to grow 3.2 percent in 2010, 4 percent in 2011, and 4.6
percent in 2012. While we all hope to soon return to this growth, we
cannot promise the growth we hope to have, especially when this growth
is far from likely, particularly given a host of new policy proposals
in the budget itself that are certain to tamp down growth even more.
There is simply no question that this budget spends too much.
But even if this growth does occur, it would not be enough to support
the spending proposals. That is why the budget calls for a massive tax
hike. In fact, this budget calls for the largest tax increase in
history, including a new energy tax that will be charged to every
single American who turns on a light switch, drives a car, or buys
groceries. Unless you are living in a cave, this new energy tax will
hit you like a hammer.
During the campaign, the President said his plan for an energy tax
will ``cause utility rates to skyrocket.'' He was right. The new energy
tax will cost every American household. I can't imagine how increasing
the average American's annual tax bill will lift us out of the worst
recession in decades.
There is more. A new tax related to charitable giving would punish
the very organizations Americans depend on more and more during times
of distress. One study suggests that the President's new tax on
charitable giving could cost U.S. charities and educational
institutions up to $9 billion a year--money that will presumably be
redirected to the 250,000 new Government workers the budget is expected
to create. There is no question that this budget taxes too much.
Remarkably, the largest tax increase in history and a new energy tax
still aren't enough to pay for all the programs this budget creates. To
pay for everything else, we will have to borrow--borrow a lot. This
budget calls for the highest level of borrowing ever.
Now, if there is one thing Americans have learned the hard way over
the past several months, it is that spending more than you can afford
has serious, sometimes tragic, consequences. Yet Government doesn't
seem ready to face that reality--not when it is spending other people's
money and not when it is borrowing from others to fund its policy
dreams.
It is not fair to load future generations with trillions and
trillions of dollars in debt at a moment when the economy is
contracting, millions are losing jobs, and millions more are worried
about losing homes. It is time the Government realized that it is a
steward of the people's money, not the other way around, and that it
has a responsibility not only to use tax dollars wisely but to make
sure the institutions of Government are sustainable for generations to
come.
I don't know anybody who would borrow money from people thousands of
miles away for things they don't even need. Yet this is precisely what
our Government is doing every single day by asking countries such as
Saudi Arabia, Japan, and China to finance a colossal budget in the
midst of an economic crisis.
The administration has said it intends to be bold, and I have no
doubt this budget reflects their honest attempt to implement what they
believe to be the best prescription for success. We appreciate that
effort. We simply see it differently. A $3.6 trillion budget that
spends too much, taxes too much, and borrows too much in a time of
economic hardship may be bold, but the question is, Is it wise? Most of
the people who have taken the time to study this budget have concluded
it is not wise. Republicans will spend the next few weeks explaining
why to the American people.
Americans want serious reforms. But in the midst of a deepening
recession, they are looking at all this spending, taxing, and
borrowing, and they are wondering whether, for the first time in our
Nation's history, we are actually giving up on the notion that if we
work hard, our children will live better lives and have greater
opportunities than ourselves.
Americans are looking at this spending, taxing, and borrowing, and
they are wondering whether we are reversing the order--whether we are
beginning to say with our actions that we want everything now--and
putting off the hard choices, once again, for future generations to
make. That would be a most important question in this upcoming budget
debate.
It is important, once again, to sum up the core problem with the
budget we will be voting on in a few weeks: It spends too much, taxes
too much, and it borrows too much.
____________________
POLITICAL EXPRESSION WITHOUT FEAR
Mr. McCONNELL. Mr. President, I wish to address the so-called card
check legislation which was introduced in both the House and Senate
yesterday.
As Americans, we expect to be able to vote on everything from high
school class president to President of the United States in private.
Workers expect the same right in union elections. This legislation goes
against that fundamental right of political expression without fear of
coercion.
We have had the secret ballot in this country for 100 years--130
years, at least--and it was common even before then. We have said to
other countries around the world: If you want to have a democracy, you
have to have a secret ballot. And yet this measure, to put it simply,
would be better called the ``Employee No Choice Act.'' It is totally
undemocratic. To approve it would be to subvert the right to bargain
freely over working terms and conditions. It would strip members of a
newly organized union of their right to accept or reject a contract.
In addition, this bill ushers in a new scheme of penalties which are
antiworker and which apply only to employers and not to unions. Even
though Americans have regarded secret ballot elections as a fundamental
right--as I indicated earlier, for more than a century--some Democrats
seem determined to strip that right away from American workers.
If this were not bad enough, a study released last week by economist
Dr. Anne Layne-Farrar showed that if enacted, card check legislation
could cost 600,000 American jobs--600,000 American jobs potentially
lost. At a time when all of us are looking to stimulate the economy and
put Americans back to work, we are threatening to undermine those
efforts with this job-killing bill.
Republicans will oppose any legislation which attempts to undermine
job creation, and we will oppose the effort to take away a worker's
right to a secret ballot.
Mr. President, I yield the floor.
____________________
EXECUTIVE SESSION
______
NOMINATION OF DAVID W. OGDEN TO BE DEPUTY ATTORNEY GENERAL
The PRESIDING OFFICER (Mr. Casey). Under the previous order, the
Senate will proceed to executive session to consider the following
nomination, which the clerk will report.
The assistant legislative clerk read the nomination of David W.
Ogden, of Virginia, to be Deputy Attorney General.
The PRESIDING OFFICER. Under the previous order, the time until 4:30
p.m. will be equally divided and controlled between the leaders or
their designees.
The Senator from Vermont.
Mr. LEAHY. Mr. President, I am opening this debate in my capacity not
only as a Senator from Vermont but as chairman of the Judiciary
Committee.
We are here today to consider President Obama's nomination of David
Ogden to be Deputy Attorney General, the number two position at the
Department of Justice. This is a picture, incidentally, of David Ogden.
I had hoped we could vote on this nomination soon--although apparently,
because of objections on the other side, we will not be able to vote
until tomorrow. This is unfortunate. Every day we delay the appointment
of the Deputy Attorney General is a day we are not enhancing the
security of the United States.
In this case, we have a nominee who I had hoped to have confirmed
weeks
[[Page 6890]]
ago. Mr. Ogden is a highly qualified nominee who has chosen to leave a
very successful career in private practice--one I might say
parenthetically pays considerably more than the Department of Justice
does--to return to the Department, where he served with great
distinction. His path in many ways reflects that of the Attorney
General, Eric Holder, who, of course, also was a highly successful and
respected partner in one of the major law firms in Washington. And he
left to become Attorney General of the United States at the request of
President Obama to serve his Nation. Mr. Ogden is doing the same thing.
Interestingly enough, once Mr. Ogden's nomination was announced, the
letters of support started to come in from leading law enforcement
organizations across the country. Let me put a few of these up on this
chart. As you can see, Mr. Ogden's nomination received support from
leading law enforcement organizations; children's advocates; civil
rights organizations; and former Government officials from both
Republican and Democratic administrations.
Indeed, Larry Thompson, the former Deputy Attorney General under
President George W. Bush, a highly respected former public official,
has endorsed David Ogden to be Deputy Attorney General.
The Boys and Girls Clubs of America, an organization I have spent a
lot of time with and one I highly respect. This organization provides
alternative programs and a great mentoring system for children in many
cities to keep them out of trouble. And this fine organization has
endorsed David Ogden.
A dozen retired military officers who serve as Judge Advocates
General have endorsed Mr. Ogden's nomination.
The Fraternal Order of Police and the Federal Law Enforcement
Officers Association, two major law enforcement organizations, have
endorsed him.
The Major Cities Chiefs Association have endorsed him.
The National Center for Missing and Exploited Children, another
organization I have worked a great deal with, and one that has done
such wonderful things to help in the case of missing and exploited
children, has also endorsed him.
The National Association of Police Organizations has endorsed David
Ogden.
The National District Attorneys Association has endorsed him, which I
was particularly pleased to see. I once served as vice president of the
National District Attorneys Association. As an aside, I should note
that I gave up the honor and glory of becoming president of the
National District Attorneys Association for the anonymity of the
Senate.
The National Narcotics Officers' Associations' Coalition has endorsed
David Ogden.
The National Sheriffs' Association has endorsed David Ogden.
The Police Executive Research Forum has endorsed David Ogden.
The National Center for Victims of Crime has endorsed David Ogden.
Why have they endorsed him? Because he is an immensely qualified
nominee, and he has the obvious priorities that we want in a Deputy
Attorney General. His priorities will be the safety and security of the
American people and to reinvigorate the traditional work of the Justice
Department in protecting the rights of all Americans. That is why he
will be a critical asset to the Attorney General. He will help us
remember it is the Deputy Attorney General of the United States, and it
is the Department of Justice for all Americans.
With all of these endorsements, including all of the major law
enforcement groups endorsing him, and all the endorsements from both
Republicans and Democrats, what is astonishing for all these law
enforcement organizations wanting him there is that Republicans
threatened to filibuster this nomination. They refused to agree to this
debate and a vote on the nomination, and they required the majority
leader to file a cloture motion, which he did on Monday. For more than
a week we were told that Republicans would not agree to a debate and
vote and would insist on filibustering this nomination.
It is amazing. I don't know if Republicans are aware of what is going
on in this country--the rising crime rates which began rising in the
last year or so and the critical nature working families are facing.
And yet they want to filibuster a nominee, one of the best I have seen
for this position in my 35 years in the Senate.
I noted that development and the threat of a filibuster at a
Judiciary Committee business meeting last Thursday, after a week of
fruitless efforts to try to move this nomination forward by agreement
and obviate the need for a filibuster. I noted my disappointment that,
despite the bipartisan majority vote in favor of the nomination by
Republicans and Democrats on the committee, despite the support from
law enforcement groups, despite the support from children's advocates,
and despite the support from former Government officials for Republican
and Democratic administrations, we have been stalled in our ability to
move forward to consider this nomination. And, of course, the Justice
Department, which is there to represent all Americans--Republicans and
Democrats, Independents, and everybody--is left without a deputy for
another week.
Quite frankly, I found the news of an imminent Republican filibuster
incomprehensible. I could not think of any precedent for this during my
35 years in the Senate. A bipartisan majority--14 to 5--voted to report
this nomination from the Judiciary Committee to the Senate. The ranking
Republican member of the committee, Senator Specter, voted to support
this nomination. The assistant Senate Republican leader, Senator Kyl,
and the senior Senator from South Carolina, Mr. Graham, voted in favor
of Mr. Ogden. And yet, in spite of this bipartisan support, someone or
a group of Senators on the Republican side of the aisle were intent on
filibustering this nominee to stop us from having a Deputy Attorney
General who might actually be there to help fight crime in America.
Why there was this attempt of filibustering President Obama's
nomination for Deputy Attorney General of the United States, and
depriving law enforcement in this country of his support, I cannot not
understand.
Two weeks ago, we debated and voted on the nomination in the
Judiciary Committee. Those who opposed the nomination had the
opportunity to explain their negative vote. I urge all Senators to
reject these false and scurrilous attacks that have been made against
Mr. Ogden. I also held out hope that they would reject applying an
obvious double standard when it comes to President Obama's nominees.
Remember, these are the same people who voted unanimously for one of
the worst attorneys general in this Nation's history, former Attorney
General Gonzales.
I am glad some semblance of common sense has finally prevailed on the
Republican side of the aisle. I guess somebody looked at the facts and
said: ``This makes absolutely no sense whatsoever, and there is no way
of justifying this to Americans, other than to the most partisan of
Americans,'' and they reversed their position. They now say they will
not filibuster this nomination.
It was disturbing to see the President's nomination of Mr. Ogden to
this critical national security post being held up this long by Senate
Republicans apparently on some kind of a partisan whim.
I voted for all four of the nominees that the Senate confirmed and
President Bush nominated to serve as the Deputy Attorney General during
the course of his Presidency. In fact, each of the four was confirmed
by voice vote. Not a single Democratic Senator voted against them and
some may not have been the people we would have chosen had it been a
Democratic President. But we respected the fact the American people
elected a Republican President and he deserved a certain amount of
leeway in picking his nominees.
Of course, we heard the same preaching from the Republican side.
Suddenly their position has now changed since the American people, by a
landslide, elected a Democratic President. What
[[Page 6891]]
Republicans are essentially saying is President Obama does not get the
same kind of credit that President Bush did. That amounts to a double
standard, especially after every Republican Senator supported each of
President Bush's nominees, as they did the nomination of Alberto
Gonzales.
Today, however, there will be no more secret and anonymous Republican
holds. Any effort to oppose the President's nominees--executive or
judicial--will have to withstand public scrutiny. There can be no more
anonymous holds. We can turn at last to consideration of President
Obama's nomination of David Ogden to be Deputy Attorney General, the
No. 2 position at the Department.
Let me tell you a little bit about David Ogden. As a former high-
ranking official at both the Defense Department and the Justice
Department, he is the kind of serious lawyer and experienced Government
servant who understands the special role the Department of Justice must
fulfill in our democracy. It is no surprise that his nomination has
received strong support from leading law enforcement organizations,
children's advocates, civil rights organizations, and former Government
officials from Republican and Democratic administrations.
The confirmation of Mr. Ogden to this critical national security post
should not be further delayed. The Deputy Attorney General is too
important a position to be made into a partisan talking point for
special interest politics.
Now, I understand some people want to do fundraising as they talk
about their ability to block nominations of President Obama. I wonder
if they know how critical the situation is in this country. This is not
the time for partisan political games. This is a time where all of us
have a stake in the country getting back on track and we ought to be
working to do that. Stop the partisan games. The Deputy Attorney
General is needed to manage the Justice Department with its many
divisions, sections, and offices and tens of thousands of employees. As
Deputy Attorney General, Mr. Ogden would be responsible for the day-to-
day management of the Justice Department, including the Department's
critical role of keeping our Nation safe from the threat of terrorism.
I want to thank Mark Filip, the most recent Deputy Attorney General
and a Republican. Judge Filip came from Chicago last year motivated by
public service. He had a lifetime appointment as a Federal judge where
he served with distinction as a conservative Republican. He gave up his
lifetime appointment after the scandals of the Gonzalez Justice
Department, where not only did the Attorney General resign but
virtually everybody at the top echelon of the Department of Justice
resigned because of the outrageous scandals at that time. I urged his
fast and complete confirmation and he was confirmed just over one year
ago, unanimously, by voice vote.
Now, are Judge Filip and I different politically? Yes, of course we
are. We differ in many areas. Yet, I saw a man dedicated to public
service. He gave up his dream of a lifetime position on the Federal
bench. He saw the scandals of the former Attorney General and all the
people who had to be replaced by President Bush because of the
scandalous conduct, and he came in for the good of the country to help
right it. I admire him for that. I was chairman of the committee that
unanimously endorsed his nomination. As chairman of the committee, I
came to the floor of the Senate and urged his support.
On February 4, after 11 months of dedicated and commendable service
to us all he left the Justice Department. It is time, over a month
later, that his replacement be confirmed by the Senate.
The Senate's quick consideration of Mr. Filip's nomination was
reflective of how Senate Democrats approached the confirmations of
nominees for this critical position. President Bush's first nominee to
serve as Deputy Attorney General, Larry Thompson, received similar
treatment. At the beginning of a new President's term, it is common
practice to expedite consideration of Cabinet and high level nominees.
I remember that nomination very well. I was the ranking Democrat on the
committee at that time. His hearing was just 2 weeks after his
nomination. He was reported by the Judiciary Committee unanimously.
Every Democratic Senator voted in favor of reporting his nomination.
And he was confirmed that same day by voice vote by the Senate. No
shenanigans. No partisanship. No posturing for special interests.
His replacement was James Comey. He, like Mr. Ogden, was a veteran of
the Department of Justice. The Democratic Senators in the Senate
minority did not filibuster, obstruct or delay that nomination. We knew
how important it was. We cooperated in a hearing less than 2 weeks
after he was nominated. He was reported from the committee unanimously
in a 19-0 vote, and he was confirmed by the Senate in voice vote.
Even when President Bush nominated a more contentious choice, a
nominee with a partisan political background, Senate Democrats did not
filibuster. Paul McNulty was confirmed to serve as the Deputy Attorney
General in 2006 in a voice vote by the Senate. While there were
concerns, there was no filibuster. As it turned out, Mr. McNulty
resigned in the wake of the U.S. attorney firing scandal, along with
Attorney General Gonzales and so many others in leadership positions at
the Department of Justice.
I voted for all four of the nominees that the Senate confirmed and
President Bush appointed to serve as the Deputy Attorney General during
the course of his presidency. In fact, each of the four was confirmed
by voice vote. Not a single Democratic Senator voted against them. And,
of course, every Republican Senator supported each of those nominees as
they did the nomination of Alberto Gonzales and the other nominations
of President Bush to high ranking positions at the Justice Department.
I bring up this history to say let us stop playing partisan games.
Mr. Ogden's nomination to be Deputy Attorney General, a major law
enforcement position, is supported by Republicans and Democrats, at a
time when we need the best in our law enforcement in this country.
The Justice Department is without a confirmed deputy at a time when
we face great threats and challenges. Indeed, one of the
recommendations of the bipartisan 9/11 Commission was that after
Presidential transitions, nominees for national security appointments,
such as Mr. Ogden, be accelerated. In particular, the 9/11 Commission
recommended:
A president-elect should submit the nominations of the
entire new national security team, through the level of
undersecretary of cabinet departments, not later than January
20.
The commission also recommended that the Senate:
should adopt special rules requiring hearings and votes to
confirm or reject national security nominees within 30 days
of their submission.
President Obama did his part when he designated Mr. Ogden to be the
Deputy Attorney General on January 5, more than 2 months ago. We now
are at March 11. It is time for the Senate to act. Stop the partisan
games, stop the holding up, stop the holds and the threats of
filibusters and all the rest. The problems and threats confronting the
country are too serious to continue to delay and to play partisan
games, no matter which fundraising letter somebody wants to send out.
Forget the fundraising letters for a moment; let us deal with the needs
of our Nation.
Scurrilous attacks against Mr. Ogden have been launched by some on
the extreme right. David Ogden is a good lawyer and a good man. He is a
husband and a father. The chants that David Ogden is somehow a
pedophile and a pornographer are not only false, they are so wrong.
Senators know better than that. Forget the fundraising letters, let us
talk about a decent family man, an exceptional lawyer. Let us talk
about somebody who answered every question at his confirmation hearing,
not only about those he represented legally but about his personal
views.
I questioned Mr. Ogden at his hearing and he gave his commitment to
vigorously enforce Federal law, regardless of
[[Page 6892]]
the positions he may have taken on behalf of his clients in private
practice. I asked him if he had the right experience to be Deputy
Attorney General and he pointed out his extensive experience managing
criminal matters at the Department and in private practice. I asked him
to thoroughly review the practice of prosecutors investigating and
filing law suits on the eve of elections, and he said he would. I asked
him to work with me on a mortgage and financial fraud law, and he was
agreeable. I asked about his experience in the type of national
security matters that have become more than ever before central to the
mission of the Justice Department, and he highlighted his extensive
national security experience and lessons he learned as General Counsel
for the Department of Defense. On all these matters he was candid and
reassuring.
That is why Mr. Ogden's nomination has received dozens of letters of
support, including strong endorsements from Republican and Democratic
former public officials and high-ranking veterans of the Justice
Department, from the National Center for Missing and Exploited
Children, the Boys and Girls Clubs of America, and from nearly every
major law enforcement organization.
As one who began his public career in law enforcement, I would not
stand here and endorse somebody for such a major law enforcement
position if I did not feel it was a person who should do this. Larry
Thompson, a former Deputy Attorney General himself, and somebody I
worked with on law enforcement matters when he was here as a Republican
nominee, described Mr. Ogden as
A brilliant and thoughtful lawyer who has the complete
confidence and respect of career attorneys at Main Justice.
David will be a superb Deputy Attorney General.
Chuck Canterbury, who is the national president of the Fraternal
Order of Police, wrote that Mr. Ogden
. . . possesses the leadership and experience the Justice
Department will need to meet the challenges which lay before
us.
A dozen retired military officers who served as judge advocates
general have endorsed Mr. Odgen's nomination, calling him
. . . a person of wisdom, fairness, and integrity, a public
servant vigilant to protect the national security of the
United States, and a civilian official who values the
perspective of uniformed lawyers in matters within their
particular expertise.
I know something about law enforcement, not only from my past career
but the 35 years I have served in this body, most of that time on the
Senate Judiciary Committee dealing with law enforcement matters. I know
that David Ogden is an immensely qualified nominee whose priorities
would be the safety and security of the American people, but also to
reinvigorate the traditional work of the Justice Department in
protecting the rights of Americans--all Americans. We do not want to go
back to the scandalous time of a former Attorney General, where the
rights of only certain Americans were protected, and political and
partisan decisions were made about whose rights would be protected.
This is the Department of Justice. It is the Deputy Attorney General of
the United States. It is not the Deputy Attorney General of the
Republican Party or the Democratic Party, but the Deputy Attorney
General for all of us. That is why he is going to be a critical asset
to the Attorney General.
I urge all Senators to support him. Give the same kind of support to
Mr. Ogden as Democrats did to Judge Filip when he came in to try to
clean up the mess created by a former Attorney General.
One of the joys of being chairman of the Senate Judiciary Committee
are the people I get to serve with. Over the years, I have served with
numerous Senators, including the father of one of our current Senators.
For a lawyer, it is an intellectually exhilarating committee to serve
on, but again because of some of the great people who serve here.
The Senator from Delaware is the newest member of the committee
because the former Senator from Delaware--whom I served with for well
over 30 years on that committee. Part of the time he was chairman and
part of the time he was ranking member; part of the time I was chairman
and part of the time he was ranking member--has left the Senate to be
involved in the Senate now only as the presiding officer, because he
went on to become Vice President of the United States. His replacement,
Senator Kaufman of Delaware, moved into that seat on the Senate
Judiciary Committee as though he had served there for all those
decades. In a way, he did, as a key person working for former Senator
Biden.
I have often joked that Senators are merely constitutional
impediments or constitutional necessities to the staff, who do all the
work. Now we have somebody who has both the expertise of having been
one of the finest staff people I have ever served with and now one of
the best Senators I have served with, and a great addition to the
Senate Judiciary Committee.
So as not to embarrass him further, I will yield to the distinguished
Senator from Delaware.
I reserve the remainder of my time.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. KAUFMAN. Mr. President, people have asked me what it is like to
be a Senator as opposed to being chief of staff, and one of the great
things is getting to work with a chairman such as Chairman Leahy on the
Judiciary Committee; someone who knows what he is about, knows the
Senate, and is a former prosecutor. We are truly fortunate to have him
as chair and also to have a truly great staff on the Senate Judiciary
Committee, led by Bruce Cohen. So it is a great and a genuine pleasure.
Pleasure is used a lot of times on the floor. Sometimes it is not too
pleasurable. But this is truly pleasurable, to work with the chairman
and the staff of the Judiciary Committee, but especially the chairman.
So I thank the chairman for his kind remarks.
I do agree with so much of what he has to say about David Ogden for
Deputy Attorney General. I, along with him, am deeply disappointed that
the nomination of David Ogden for Deputy Attorney General has been so
needlessly delayed. This has real consequences for the administration
of law in our country during a challenging time. Depriving the
Department of Justice of senior leadership at this critical juncture is
much more than unfortunate.
As we saw from his confirmation hearings in the Judiciary Committee
more than a month ago, David Ogden has excellent academic credentials
and broad experience in law and government. He fully understands the
special role of the Department of Justice and is deeply committed to
the rule of law. He has broad support from lawyers of all political and
judicial philosophies.
President Obama designated Mr. Ogden be Deputy Attorney General on
January 5, which seems like an eternity ago--over 2 months ago. We held
his confirmation hearing in the Judiciary Committee over a month ago
and, on February 26, after thorough consideration, a bipartisan
majority of the committee, 14 to 5, voted to report his nomination. The
ranking member, the Senate minority whip and the well-respected senior
Senator from South Carolina, voted in favor of his nomination.
Despite that bipartisan vote and broad support from law enforcement
groups, children's advocates, civil rights organizations, former
Democratic and Republican officials, his nomination has faced
unwarranted delay. This delay is unfortunate in itself, particularly
when the nominee has impeccable credentials and broad support. However,
as important, this delay has come at a critical time for the Department
of Justice. Without a Deputy Attorney General, the Department is forced
to deal with some of the most important issues facing this Nation with
one hand tied behind its back.
The Deputy Attorney General holds the No. 2 position at the
Department of Justice and, as we all know, is responsible for the day-
to-day management of the Department, including critical national
security responsibilities. The Deputy Attorney General, for example,
[[Page 6893]]
signs FISA applications. These are essential to ensuring that our
intelligence services get the information they need to protect us from
terrorism and other national security threats. The Deputy Attorney
General will also play an important role in overseeing the Guantanamo
Bay detainee review, to make sure we assess each of the remaining
detainees and make sure they are safely and appropriately transferred--
I know an issue that everyone in this body shares a concern about.
One of the recommendations of the bipartisan 9/11 Commission was that
after Presidential transitions, nominations for national security
appointments, such as Mr. Ogden's, be accelerated. The delay we are
seeing now, to put it mildly, is not helping those who are sworn to
protect our country. The Deputy Attorney General manages the criminal
division of the FBI, which helps keep Americans safe, not only from
violent crime but also from financial fraud. In the aftermath of the
financial fraud meltdown that has thrown the American economy into a
serious recession, we must ensure that lawbreakers will be identified
and prosecuted for financial fraud. Punishing complex financial crimes
and deterring future fraud are vital in restoring confidence in our
decimated financial markets. How can people be expected to go back in
the market again when they do not know or cannot have confidence that
the people who perpetrated these crimes are not still there but are in
jail? This is important. As we know in dealing with crime, the sooner
you deal with it after the crime happens the better your chance of
catching the people involved. Getting the Deputy Attorney General
involved as soon as possible is essential for our financial well-being.
The Deputy Attorney General also oversees efforts to fight waste and
corruption in Federal programs by means of the False Claims Act. As we
expend vast sums in two wars and work to stimulate the economic
recovery, we must do everything we can to make sure the taxpayer
dollars are well spent. Along the same line, the Deputy Attorney
General oversees the distribution of billions of dollars in economic
recovery funds in support of critical State and local law enforcement
initiatives. Everyone agrees that to fulfill the promise of the
economic recovery package, we need to get the funds out the door
quickly. Again, depriving the Department of Justice of senior
leadership at this critical time is bad policy.
The American people need a Deputy Attorney General in place now, to
meet all these critical efforts. The problems and threats confronting
the country are too serious to delay.
We know David Ogden is extraordinarily well qualified. We know the
Judiciary Committee fully vetted his background, experience and
judgment and reported out his nomination with a bipartisan majority. We
know the Attorney General needs his second in command as well as other
members of his leadership team in place and working as soon as
possible. We know further delay in this crucial nomination is
inexcusable.
I hope on this nomination, and going forward, we do better.
I yield the floor, suggest the absence of a quorum, and ask the time
be charged equally.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will call the roll.
The bill clerk proceeded to call the roll.
Mr. SPECTER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Hagan). Without objection, it is so
ordered.
Mr. SPECTER. Madam President, at the outset in addressing the Chair,
may I note that it is my distinguished colleague, Senator Casey from
Pennsylvania. Nice to see you acting as Vice President, Senator Casey.
May I just say that in the 2 years plus that you have been here, I
have admired your work and found it very gratifying to be your
colleague in promoting the interests of our State and our Nation.
I have sought recognition to comment on the nomination of David W.
Ogden to be Deputy Attorney General. In reviewing the pending
nomination, I have noted Mr. Ogden's academic and professional
qualifications. I have also noted certain objections that have been
raised by a number of organizations. As a matter of fact, some 11,000
contacts in opposition to the nomination have been received by our
Judiciary Committee offices.
As to Mr. Ogden's background, his resume, his education, and his
professional qualifications--he received his undergraduate degree from
the University of Pennsylvania in 1976, Phi Beta Kappa, and his law
degree from Harvard, magna cum laude, where he was an editor of the Law
Review.
I know it is difficult to get a Phi Beta Kappa key at the University
of Pennsylvania. I know that being on the Law Review at a school like
Harvard is an accomplishment. He then clerked for Judge Sofaer on the
United States District Court for the Southern District of New York. I
came to know Judge Sofaer when he was counsel to the New York
Department of State. I have a very high regard for him.
Mr. Ogden then clerked for Harry Blackmun on the Supreme Court. That
is a distinguished achievement. Then he worked for Ennis Friedman
Bersoff & Ewing and became a partner there. Then he was a partner at
Jenner & Block and was an adjunct professor at Georgetown University
Law Center from 1992 to 1995. He then had a string of prestigious
positions in the Department of Justice: Associate Deputy Attorney
General, Counselor to the Attorney General, Chief of Staff to the
Attorney General, Acting Assistant Attorney General for the Civil
Division, and Assistant Attorney General for the Civil Division--all
during the administration of President Clinton.
We have seen quite a series of nominees come forward when the current
administration selects people from a prior administration. There have
been quite a few people who served in President Reagan's administration
who later served in President George H.W. Bush's administration. Then
some of those individuals served in the administration of President
George W. Bush. Similarly, individuals from President Carter's
administration came back with President Clinton, and the people from
President Clinton are now serving in President Obama's administration.
So it is a usual occurrence.
Contrasted to the resume Mr. Ogden has, I have noted the objections
raised by the Family Research Council headed by Mr. Tony Perkins, who
wrote the committee expressing his concerns about Mr. Ogden's
nomination because, as Mr. Perkins puts it:
Mr. Ogden has built a career on representing views and
companies that most Americans find repulsive . . . Mr. Ogden
has also profited from representing pornographers and in
attacking legislation designed to ban child pornography.
It was also noted by those opposing his nomination that a brief filed
by Mr. Ogden in Planned Parenthood v. Casey argued that ``women who
have had abortions suffer no detrimental consequences and instead
should feel `relief and happiness' after aborting a child.'' Fidelis, a
Catholic-based organization, Concerned Women of America, Eagle Forum,
and the Alliance Defense Fund have also written the committee in
opposition to Mr. Ogden's nomination based on similar concerns;
specifically, his representation of several entities in the pornography
industry and organizations that oppose restrictions on abortions.
As I noted earlier, the committee has received an unprecedented
number of opposition phone calls and letters for a Department of
Justice nominee. In total, the committee has received over 11,000
contacts in opposition to the nomination.
The objections raised call into focus the issue as to whether an
attorney ought to be judged on the basis of arguments he has made in
the representation of a client. I believe it is accurate to say that
the prevailing view is not to bind someone to those arguments. I note
an article published by David Rivkin and Lee Casey, who served in the
Justice Department under President Reagan and President George H.W.
Bush, that advances the thesis
[[Page 6894]]
that a lawyer is not necessarily expressing his own views when he
represents a client. They point out how Chief Justice Roberts'
nomination to serve on the U.S. Court of Appeals for the District of
Columbia Circuit was vociferously opposed by pro-choice groups based
upon briefs he had filed when he served as Deputy Solicitor General
under President George H.W. Bush and the arguments for restrictions of
abortion rights contained in those briefs. I recollect that NARAL had a
commercial opposing then-Judge Roberts. I spoke out at that time on the
concern I had about their inference that those were necessarily his own
views. As I recollect, NARAL withdrew the commercial.
The article by Mr. Rivkin and Mr. Casey notes the objections of the
Family Research Council, Focus on the Family, and Concerned Women for
America, and comes to the conclusion that a persons's representation of
a client does not necessarily state what a person's views are on an
issue.
I further note that Mr. Ogden has been endorsed by very prominent
people from Republican administrations: Deputy Attorney General Larry
Thompson, former Assistant Attorney General Peter Keisler, former
Assistant Attorney General Rachel Brand, and former Acting Assistant
Attorney General Daniel Levin.
Professor of law Orin Kerr at George Washington University Law School
noted that he disagreed with arguments that Mr. Ogden had made, but
despite his disagreement with Mr. Ogden's arguments, he believed those
arguments should not be held against him.
In the consideration of nominees who are now pending before the
Judiciary Committee, we are taking a very close look at all of them. I
think it appropriate to note at this point that the nomination of
Harvard Law School dean Elena Kagan is being analyzed very carefully.
Without going into great detail at this time because her nomination,
which has been voted out of committee, will be on the floor at a later
date, I and others voted to pass on Ms. Kagan because we are not
satisfied with answers to questions that she has given.
I ask unanimous consent to put in the Record a letter that I wrote to
Dean Kagan, February 25, 2009, and her reply to me on March 2, 2009.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Committee on the Judiciary,
Washington, DC, February 25, 2009.
Dean Elena Kagan,
Harvard Law School,
Cambridge, MA.
Dear Dean Kagan: I write to express my dissatisfaction with
many of the answers you provided to the Committee in response
to my written questions following your confirmation hearing.
I believe these answers are inadequate for confirmation
purposes.
In a 1995 review of a book entitled The Confirmation Mess,
you made a compelling case for senatorial inquiry into a
nominee's judicial philosophy and her views on specific
issues. You stated, ``when the Senate ceases to engage
nominees in meaningful discussion of legal issues, the
confirmation process takes on an air of vacuity and farce,
and the Senate becomes incapable of either properly
evaluating nominees or appropriately educating the public.''
You further asserted that the Senate's inquiry into the views
of executive nominees, as compared to Supreme Court nominees,
should be even more thorough, stating, ``the Senate ought to
inquire into the views and policies of nominees to the
executive branch, for whom `independence' is no virtue.'' I
agree with the foregoing assessment, and, therefore, am
puzzled by your responses, which do not provide clear answers
concerning important constitutional and legal issues.
For example, in response to several questions related to
the constitutionality of the imposition of the death penalty,
you offer only the following: ``I do not think it comports
with the responsibilities and role of the Solicitor General
for me to say whether I view particular decisions as wrongly
decided or whether I agree with criticisms of those
decisions. The Solicitor General must show respect for the
Court's precedents and for the general principle of stare
decisis. If I am confirmed as Solicitor General, I could not
frequently or lightly ask the Court to reverse one of its
precedents, and I certainly would not do so because I thought
the case wrongly decided.'' You repeatedly provide this
answer verbatim, or a similarly unresponsive answer, to
numerous questions regarding the First and Second Amendments,
property rights, executive power, habeas corpus rights of
detainees, the use of foreign law in constitutional and
statutory analysis, and the Independent Counsel statute,
among others. I think you would agree that, given the gravity
of these issues and the significance of the post for which
you are nominated, this Committee is entitled to a full and
detailed explanation of your views on these matters.
Please provide the Committee with adequate answers to these
questions so that I may properly evaluate your nomination and
determine whether any supplemental questions are necessary.
Sincerely,
Arlen Specter.
____
Harvard Law School,
Office of the Dean,
Cambridge, MA, March 2, 2009.
Senator Arlen Specter
U.S. Senate, Committee on the Judiciary, Dirksen Senate
Office Building, Washington, DC.
Dear Senator Specter: I am writing in response to your
letter of February 25. I am sorry that you believe some of my
answers to written questions to be inadequate. I wish to
respond to your request for additional information as fully
as possible while still meeting the obligations attendant to
a nominee for the Solicitor General's office.
Let me first say how much I respect the Senate and its
institutional role in the nominations process. As the members
of a co-equal branch of government charged with the ``advice
and consent'' function, you and your colleagues have a right
and, indeed, a duty to seek necessary information about how a
nominee will perform in her office. By the same token, each
nominee has a responsibility to address senatorial inquiries
as fully and candidly as possible. But some questions--and
these questions will be different for different positions--
cannot be answered consistently with the responsible
performance of the job the nominee hopes to undertake. For
that reason, some balance is appropriate, as I remarked to
Senator Hatch at my nomination hearing and as you quoted
approvingly in the introduction to your written questions.
I endeavored to strike that proper balance in responding to
your and other senators' written questions. I answered in
full every question relating to the Solicitor General's role
and responsibilities, including how I would approach specific
statutes and areas of law. I also answered in detail every
question relating to my own professional career, including my
relatively extensive writings and speeches. Finally, I
answered many questions relating to general legal issues. In
short, I did my best to provide you and the rest of the
Committee with a good sense of who I am and of how I would
approach the role of Solicitor General. The only matters I
did not address substantively were my personal views (if any)
regarding specific Supreme Court cases and constitutional
doctrines. These personal views would play no role in my
performance of the job, which is to represent the interests
of the United States; and expressing them (whether as a
nominee or, if I am confirmed, as Solicitor General) might
undermine my and the Office's effectiveness in a variety of
ways.
In answering these questions as I did, I was cognizant of
the way other nominees to the position of Solicitor General
have replied to inquiries from senators. For example, in
answering a question about his views of the use of foreign
law in legal analysis, Paul Clement wrote: ``As Solicitor
General, my role would be to advance the interests of the
United States, and previous statements of my personal views
might be used against the United States' interests, either to
seek my recusal, to skew my consideration of what position
the United States should take, or to impeach the arguments
eventually advanced by the United States.'' Similarly, Seth
Waxman stressed in responding to questions about his
understanding of a statute that ``[i]t is the established
practice of the Solicitor General not to express views or
take positions in advance of presentation of a concrete
case'' and prior to engaging in extensive consultation within
and outside the office. The advice I received from former
Solicitors General of both parties prior to my nomination
hearing was consistent with what the transcripts of their
hearings reveal: all stressed the need to be honest and
forthcoming, but also the responsibility to protect the
interests of the office and of the United States. In my
hearing and in my responses to written questions, I believe I
have provided at least as much information to the Committee
as any recent nominee.
As you noted to me when we met, I have lived my
professional life largely in the public eye. I have written
and spoken widely, so the Committee had the opportunity to
review many pages of my law review articles and many hours of
my remarks. I tried to answer every question put to me at my
hearing completely and forthrightly. I met with every member
of the Committee who wished to do so in order to give all of
you a more personal sense of the kind of person and lawyer I
am. I submitted letters from numerous lawyers, who themselves
hold views traversing the political and legal spectrum,
indicating how I approach legal issues. And as
[[Page 6895]]
noted above, I answered many written questions from you and
other members of the Committee.
In all, I did my best to provide you and the other members
of the Committee with a complete picture of who I am and how
I would approach the role of Solicitor General, consistently
with the responsibilities of that office and the interests of
the client it serves. But I am certainly willing to do
anything else I can to satisfy your concerns, including
meeting with you again.
Thank you for your consideration of this letter.
Sincerely,
Elena Kagan.
Mr. SPECTER. The comments that are in Ms. Kagan's letter require
further analysis. She has, as a generalization, stated that she does
not think it appropriate to answer certain questions about her views
because she has the ability as an advocate to disregard her own
personal views and to advocate with total responsibility to the law,
even though she may have some different point of view. I think as a
generalization, that is valid. However, as I discussed at her hearing,
some of her points of view raise a question as to whether, given the
very strongly held views she has expressed, she can totally put those
views aside. When her nomination was before the committee for a vote, I
passed. I agreed it ought to go to the floor, and we ought not to
delay; but I wanted to have another talk with her. I have scheduled a
meeting for tomorrow to go over Dean Kagan's record because I think it
is important to take a very close look at it.
I also think it is relevant to comment about the pending nomination
of Dawn Johnsen for Assistant Attorney General in charge of the Office
of Legal Counsel. That is the Assistant Attorney General who passes on
legal questions, a very important position. They all are important,
whether it is Deputy Attorney General or Solicitor General or Assistant
Attorney General for the various divisions. But the Office of Legal
Counsel, OLC as it is called, is especially important. We now have
challenges in dealing with opinions on the torture issue by people who
held leadership positions in the Office of Legal Counsel under
President George W. Bush--whether they were given in good faith and
whether they went far beyond the law as to what interrogation tactics
were appropriate.
With respect to Ms. Johnsen's nomination, she has equated limiting a
woman's right to choose with slavery in violation of the 13th
amendment. While I personally believe, as did Senator Goldwater, that
we ought to keep the Government out of our pocketbooks, off our backs,
and out of our bedrooms, I am not going to raise the contention that
abortion restrictions are a violation of the 13th amendment and that it
constitutes slavery. Her nomination is being subjected to very careful
analysis, especially the part of her testimony where she disclaimed
making that the connection between abortion restrictions and the 13th
amendment because the records and a footnote suggest the contrary.
I talk about the nominations of Dean Kagan and Ms. Johnsen briefly,
when considering the nomination of Mr. Ogden, to point out that there
is very careful scrutiny given to these very important positions. I am
looking forward to meeting Dean Kagan tomorrow to examine further her
capabilities to be the Solicitor General and advance arguments with the
appropriate adversarial zeal. We have an adversarial system. We put
lawyers on opposite sides of the issue and we postulate that, from the
adversarial system, the truth is more likely to emerge. An advocate has
to pursue the cause within the range of advocacy. With Ms. Johnsen, we
are going to be considering further her qualifications in light of her
statements to which I have referred.
But coming back to Mr. Ogden, my net conclusion is that he ought to
be confirmed. I say that based upon a resume that is very strong, both
academically and professionally. I think it is important to note that
when questioned about some of his positions, Mr. Ogden has, one might
say, backed off some of his earlier views. When asked about some of the
things he had written, he criticized a 1983 memo he wrote when he was a
law clerk to Justice Blackmun that referred to the defenders of a
challenged law in a way that disparagingly suggested their insincerity.
He told the committee that after maturing, he had some different views.
In a 1990 tribute to Justice Blackmun, he expressed agreement with
the Justice's endorsement of affirmative action programs that entailed
set-asides or quotas. At his hearing, he said he now believes that such
an approach was inappropriate and instead believes that consideration
of race, as he put it, ``in limited circumstances'' should be one of
many factors in affirmative action programs.
Mr. Ogden also stated he no longer agrees with the position he took
in a 1980 case comment that ``state expansion of speech rights at the
expense of property rights does not constitute a taking.'' That case
comment involved the issue of whether there was an unlimited right of
speech on private property. So he has maintained a little different
position. It is fair to raise a question about whether statements made
in the confirmation amount to a confirmation conversion. That has been
an expression used from time to time that you have to take statements
at a confirmation with a grain of salt because of the motivation to be
confirmed. That has to be taken into account. But I listened to what
Mr. Ogden had to say, and I think he is entitled to modify his views
over a substantial period of time from what he did in 1983 and 1990,
with a maturation process.
Then there is the consideration that the President is entitled to
select his appointees within broad limits. The Deputy Attorney General,
while important, is not a lifetime appointment as a judge. I had a call
from the Attorney General who raised the issue that he does not have
any deputies and the Department of Justice has now been functioning for
more than a month and a half. It is a big, important department, and we
ought to give appropriate latitude to President Obama and appropriate
latitude to Attorney General Holder and move ahead with Mr. Ogden's
confirmation.
For all of those factors, I intend to vote in favor of Mr. Ogden. I
think those who have raised objections have done so, obviously, in good
faith. They are entitled to have their objections considered and to
know that the Judiciary Committee is giving very careful analysis to
their facts and will do so, as I have outlined, on the consideration of
other nominees.
Madam President, I ask unanimous consent that the full text of an
article I referred to from Mr. Rivkin and Mr. Casey be printed in the
Congressional Record, along with the resume of Mr. Ogden.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Don't Blame the Lawyer
(By David B. Rivkin Jr. and Lee A. Casey)
President Barack Obama's selection of David Ogden as deputy
attorney general has drawn fire from conservative family
values groups, including the influential Family Research
Council, Focus on the Family, and Concerned Women for
America. Conservative talk show hosts including Fox News'
Bill O'Reilly, have highlighted the story, and there appears
to be a real effort under way to derail the nomination.
This effort undoubtedly has not escaped notice on Capitol
Hill, and several Republican senators on the Judiciary
Committee--including Orrin Hatch (Utah), Jon Kyl (Ariz.), and
Jeff Sessions (Ala.)--have pressed Ogden on some of the
issues raised by these groups.
Unfortunately, much of this opposition from the family
values groups is based upon Ogden's representation of
controversial clients and the positions he has argued on
their behalf. This tactic has been used against conservatives
in the past, including Chief Justice John Roberts Jr.
Punishing lawyers for who they represent and what they argue
before the courts is not in the interest of justice and makes
for bad public policy.
``FROM PLAYBOY''?
Among the principal objections to Ogden's nomination is
that he has represented adult magazine, book, and film
producers, including Playboy and Penthouse, on whose behalf
he has argued for a broad interpretation of First Amendment
protections.
Ogden also represented a number of library directors who
filed an amicus brief supporting the American Library
Association's challenge to the Children's Internet Protection
Act of 2000, which among other things required the use of
Internet filtering software by public libraries.
[[Page 6896]]
In addition, as noted by the Family Research Council,
``Ogden worked for the ACLU and filed a brief in the landmark
abortion case Planned Parenthood v. Casey that denied the
existence of adverse mental health effects of abortion on
women:''
His participation and arguments in cases involving parental
notification, the Pentagon's ``don't ask, don't tell''
policy, and gay rights has also raised conservative hackles.
According to the president of an important Catholic values
organization, ``David Ogden is a hired gun from Playboy and
the ACLU. He can't run from his long record of opposing
common-sense laws protecting families, women, and children.''
ZEALOUS REPRESENTATION
The premise of this opposition is a familiar one--that
lawyers must be presumed to agree with, or be sympathetic to,
the clients they represent or, at a minimum, that they should
be held accountable for the arguments they advance on a
client's behalf. In fact, of course, lawyers represent
clients for many and varied reasons--for money or fame, out
of a sense of duty, an interest in a particular subject
matter, or for professional growth and development. Sometimes
lawyers are motivated by all of the above, and more.
It is simply inaccuracy to attribute to a lawyer his or her
client's beliefs. That is just not the way our legal system
works--at least not all the time.
Sometimes, of course, lawyers do personally agree with the
client's substantive views and the legal positions they
advance. There is no doubt that lawyers are often drawn to a
pardcular area of practice, or undertake to represent
particular clients--especially on a pro bono basis--because
they do believe in the client's cause. It is possible,
however, to believe in a client's cause--a broad application
of free speech rights, for example--and not to approve of the
client's personal behavior or business model.
And, just as a lawyer's character cannot be judged based on
a client list, neither can a lawyer's policy preferences
easily be divined by reading his or her briefs. Lawyers must
represent their clients zealously, and this means they often
must deploy legal arguments with which they personally
disagree.
SUBVERTING THE SYSTEM
Moreover, even in cases where a lawyer does share the
client's opinions, or where he or she personally believes
that the law means, or should mean, what the briefs say,
there are very good reasons why this should not disqualify
such individuals from high government office.
Lawyers are human beings, and punishing them in this way
would result in many avoiding controversial clients and
causes. Indeed, this is often the purpose and intent of such
opposition, but it also is subversive of our legal system.
That system is adversarial and works only if both sides of an
issue are adequately represented. If there are clients or
causes, be they the adult entertainment industry, tobacco
companies, or Guantanamo detainees, that are classified as
being so disreputable or radioactive that their lawyers are
later personally held to account for representing them, the
quality of justice will suffer.
Conservatives and Republicans who are tempted in that
direction now that a liberal Democrat is in office should
recall that similar arguments about supposedly disreputable
clients and unacceptable arguments have been raised against
their own nominees in the past. For example, now-Chief
Justice Roberts' nomination to serve on the U.S. Court of
Appeals for the D.C. Circuit was vociferously opposed by pro-
choice groups based upon briefs he had filed--and the
arguments for restriction of abortion rights they contained--
when he served as deputy solicitor general under President
George H.W. Bush.
CLEARLY QUALIFIED
Although there are many issues on which conservatives can
and should disagree with Ogden as ideological matters, those
disagreements are not good reasons why he should not be
confirmed as deputy attorney general. His views of the law
and legal policy are certainly legitimate topics of inquiry
and debate, both for the Senate and the public in general,
but only in the context of what they may mean about Obama's
own beliefs and plans.
Like his presidential predecessors, Obama is entitled to
select the men and women who will run the federal government,
including the Justice Department, exercising the executive
authority vested in him as president by the Constitution.
It is entirely appropriate that Obama's appointees share
his policy preferences and ideological inclinations. If their
legal views are considered by some to be out of the
``mainstream,'' that is the president's problem. If they push
for extreme policies, it will be up to Obama to curtail them.
If not, there will be another election in 2012, at which time
the country can call him to account.
In the meantime, so long as the individuals Obama chooses
to serve in the executive branch have sufficient integrity,
credentials, and experience to perform the tasks they will be
assigned, they should be confirmed.
This is the case with Ogden. He is clearly qualified for
the job. His training and experience are outstanding,
including a Harvard law degree and a Supreme Court clerkship.
Ogden has practiced at one of the country's premier law
firms. He served as Attorney General Janet Reno's chief of
staff and as assistant attorney general in charge of the
Justice Department's Civil Division--its largest litigating
unit--in the Clinton administration. This service is
important. The deputy attorney general is, in large part, a
manager, and Ogden clearly understands the Justice
Department, its role in government, its career lawyers, and
its foibles.
Significantly, his nomination has been endorsed by a number
of lawyers who served in the Reagan and two Bush
administrations, including one who preceded, and one who
succeeded, Ogden as head of the Civil Division. They are
right; he should be confirmed.
____
David W. Ogden
Deputy Attorney General
Birth: 1953; Washington, DC.
Legal Residence: Virginia.
Education: B.A., summa cum laude, University of
Pennsylvania, 1976, Phi Beta Kappa; J.D., magna cum laude,
Harvard Law School, 1981, Editor, Harvard Law Review.
Employment: Law Clerk, Hon. Abraham D. Sofaer, U.S.
District Court Judge for the Southern District of New York,
1981-1982; Law Clerk, Hon. Harry A. Blackmun, U.S. Supreme
Court, 1982-1983; Associate, Ennis, Friedman, Bersoff &
Ewing, 1983-1985, Partner and Attorney, 1986-1988; Partner
and Attorney Jenner & Block, 1988-1994; Adjunct Professor,
Georgetown University Law Center, 1992-1995; Deputy General
Counsel and Legal Counsel, Department of Defense, 1994-1995;
Department of Justice, 1995-2001, Associate Deputy Attorney
General, 1995-1997, Counselor to the Attorney General, 1997-
1998, Chief of Staff to the Attorney General, 1998-1999,
Acting Assistant Attorney General for the Civil Division,
1999-2000, Assistant Attorney General for the Civil Division,
2000-2001; Partner and Attorney, Wilmer Cutler Pickering Hale
and Dorr LLP, 2001-present; Agency Liaison for the Department
of Justice, Presidential Transition Team, 2008-2009.
Selected Activities: Member, American Bar Association,
1983-present, Ex officio member and governmental
representative, Council of the Section of Litigation, 1998-
2001; Member, First Amendment Lawyers Association, 1991-1994;
Fellow, American Bar Foundation, 2002-present; Member of
Advisory Board, Bruce J. Ennis Foundation, 2002-2009; Member
of Advisory Board, Washington Project for the Arts, 2004-
2007; Member, Senior Legal Coordinating Committee, Barack
Obama's Presidential Campaign, 2007-2008.
Mr. SPECTER. I thank the Chair and yield the floor to my
distinguished colleague from Montana.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BAUCUS. Madam President, I ask unanimous consent that I be
allowed to speak as in morning business and that the time be charged
against the time under the control of the majority on the nomination.
The PRESIDING OFFICER. Without objection, it is so ordered.
Health Care Reform
Mr. BAUCUS. Madam President, on February 24, President Obama said:
[N]early a century after Teddy Roosevelt first called for
reform, the cost of our health care has weighed down our
economy and the conscience of our nation long enough. So let
there be no doubt: Health care reform cannot wait, it must
not wait, and it will not wait another year.
I could not agree more with our President. Our next big objective is
health care reform. Comprehensive health care reform is no longer
simply an option, it is an imperative. If we delay, the problems we
face today will grow even worse. If we delay, millions more Americans
will lose their coverage. If we delay, premiums will rise even further
out of reach. And if we delay, Federal health care spending will soak
up an even greater share of our Nation's income.
In the Finance Committee, we have now held 11 hearings preparing for
health care reform. We held our latest hearing yesterday. The Director
of the Office of Management and Budget, Dr. Peter Orszag, testified to
the Finance Committee about the President's health care budget.
Yesterday, Director Orszag told the committee the cost of not
enacting health care reform is enormous. He said:
The cost of doing nothing is a fiscal trajectory that will
lead to a fiscal crisis over time.
Director Orszag said if we do not act, then we will further
perpetuate a system in which workers' take-home pay is unnecessarily
reduced by health care costs. Director Orszag said if we do not act,
then 46 million uninsured Americans will continue to be denied adequate
health care. According to the
[[Page 6897]]
Center for American Progress, the ranks of the uninsured grow by 14,000
people every day--14,000 more people uninsured every day. And Director
Orszag said if we do not act, then a growing burden will be placed on
State governments, with unanticipated consequences. For example, health
care costs will continue to crowd out State support of higher
education. That would have dire consequences for the education of our
Nation's young people.
We must move forward. Senator Grassley and I have laid out a schedule
to do just that. Our schedule calls for the Finance Committee to mark
up a comprehensive health care reform bill in June. We should put a
health care bill on the President's desk this year.
The President's budget makes a historic downpayment on health care
reform. Over the next 10 years, the President's budget invests $634
billion to reform our health care system.
Reforming health care means making coverage affordable over the long
run. It means improving the quality of the care. And I might say, our
quality is not as good as many Americans think it is, certainly
compared to international norms. It means expanding health insurance to
cover all Americans. We need fundamental reform in cost, quality, and
coverage. We need to address all three objectives at the same time.
They are interconnected. If you do not address them together, you will
never really address any one of them alone.
Costs grow too rapidly because the system pays for volume, not
quality. Quality indicators such as lifespan and infant mortality
remain low. Why? Because too many are left out of the system. Families
do not get coverage because health costs grow faster than wages. And
without coverage, health insurance costs increase because providers
shift the cost of uncompensated care to their paying customers. It is a
vicious cycle. Each problem feeds on the others.
We need a comprehensive response. Let us at long last deliver on the
dream of reform Teddy Roosevelt called for nearly a century ago. Let us
at long last lift the burden of health care costs on our economy and on
the conscience of our Nation. And let us at long last enact health care
reform this year.
Madam President, I suggest the absence of a quorum and ask unanimous
consent that the time consumed during the quorum call be charged
equally against both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GRASSLEY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Madam President, I would like to say a few words in
opposition to the nomination of David Ogden to be Deputy Attorney
General at the U.S. Department of Justice.
There is no doubt that Mr. Ogden is an experienced lawyer. However, I
have serious concerns about Mr. Ogden's views and some of the cases he
has argued. Mr. Ogden is an attorney who has specialized in first
amendment cases, in particular pornography and obscenity cases, and has
represented several entities in the pornography industry. He has argued
against legislation designed to ban child pornography, including the
Children's Internet Protection Act of 2000 and the Child Protection and
Obscenity Enforcement Act of 1998. These laws were enacted to protect
children from obscene materials in public libraries and to require
producers of pornography to personally verify that their models are not
minors. I supported both these important pieces of legislation.
In addition, Mr. Ogden authored a brief in the 1993 case Knox v.
United States, where he advocated for the same arguments to shield
child pornography under the first amendment that the Senate unanimously
rejected by a vote of 100 to 0 and the House rejected by a vote of 425
to 3. In the Knox case, the Bush I Justice Department successfully had
prosecuted Knox for violating Federal antipornography laws; but on
appeal to the U.S. Supreme Court, the Clinton Justice Department
reversed course and refused to defend the conviction. After significant
public outrage, President Clinton publicly chastised the Solicitor
General, and Attorney General Reno overturned the position. At the
time, I was involved in the congressional effort opposing this switch
in the Justice Department's position on child pornography.
Mr. Ogden also has filed briefs opposing parental notification before
a minor's abortion, opposing spousal notification before an abortion,
and opposing the military's policy against public homosexuals serving
in uniform.
Significant concerns have been raised in regard to Mr. Ogden's
nomination. I have heard from a very large number of Iowa constituents,
including the Iowa Christian Alliance, who are extremely concerned with
Mr. Ogden's ties to the pornography industry and the positions he has
taken against protecting women and children from this terrible scourge.
The Family Research Council, Concerned Women of America, Eagle Forum,
Fidelis, the Alliance Defense Fund, and the Heritage Foundation, among
others, have all expressed serious concerns about Mr. Ogden's advocacy
against restrictions on pornography and obscenity.
The majority of Americans support protecting children from
pornography exploitation, protecting children from Internet pornography
in libraries, and allowing for parental notification before a minor's
abortion. So do I. I feel very strongly about protecting women and
children from the evils of pornography. I have always been a strong
supporter of efforts to restrict the dissemination of pornography in
all environments. As a parent and grandparent, I am particularly
concerned that children will be exposed to pornographic images while
pursing educational endeavors or simply using the Internet for
recreational purposes. Throughout my tenure in Congress I have
supported bills to protect children from inappropriate exposure to
pornography and other obscenities in the media, and I support the
rights of parents to raise children and to be active participants in
decisions affecting their medical care. Mr. Ogden has consistently
taken positions against these child protection laws and this troubles
me.
Because of my concerns, I must oppose the nomination of David Ogden.
Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GRASSLEY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Madam President, I didn't make a complete request, as I
should have, for a quorum, so I ask unanimous consent that the time be
evenly divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DORGAN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DORGAN. Madam President, I ask unanimous consent to speak in
morning business for as much time as I may consume.
The PRESIDING OFFICER. Without objection, it is so ordered.
Transportation Troubles
Mr. DORGAN. Last evening, I was driving from the Capitol and
listening to Jim Lehrer News Hour. They had a report about transit
systems in this country that are facing significant financial problems.
The report was fairly interesting. It turns out to be a subject with
which I am fairly familiar. The report was that there are more than a
couple dozen transit agencies in some of America's largest cities that
are in deep financial trouble. Why? Because
[[Page 6898]]
they had sold their subway system or bus system to a bank in order to
raise needed revenue. Under what is called a SILO, a sale in/lease out
transaction, a city can sell its property to a bank, so the bank takes
title to the property. The bank then leases it back to the city, and
the bank gets a big tax writeoff because it can depreciate the
property. So the city still gets to use its subway system because they
are leasing it back.
All of a sudden, a couple dozen cities discovered that this
transaction they entered into, which I think is kind of a scam, landed
them in huge trouble because the transaction was insured with a
derivative that went through AIG. AIG's credit rating collapsed, and
now the banks are calling in substantial penalties on the part of the
transit system that they cannot meet. So they are in trouble.
Surprised? I am not particularly surprised. I have been on the floor
of the Senate talking about what is happening with respect to these so-
called sale in/lease out, SILO practices. I have talked about banks and
about Wachovia Bank, by the way, which was buying German sewer systems.
I will describe a couple of these transactions. These are cross-border
leasing provisions, sale and lease back.
Wachovia Bank buys a sewer system in Bochum, Germany. Why? Is it
because it is a sewer specialist? Do they have executives who really
know about sewers in Germany? I don't think so. This is a scam. It has
always been a scam. An American bank buys a sewer system in a German
city so it can depreciate the assets of that sewage system and then
lease it back to the German city. The Germans were scratching their
heads, saying: This seems kind of dumb, but as long as we are on the
receiving end of a lot of money, we are certainly willing to do it.
I am showing this example of a bank called Wachovia, which used to be
First Union, that originally started some of these transactions. I
believe Wachovia itself, which was in deep financial trouble, has now
been acquired by Wells Fargo. First Union was involved in a cross-
border lease of Dortmund, Germany, streetcars. What is an American bank
doing leasing streetcars in a German city? To avoid paying U.S. taxes,
that is why.
We have seen all kinds of these transactions going on. I have
described them on the floor of the Senate previously.
This one is the transit system railcars in Belgium. Since many of
these transactions are confidential, I don't know which American
company bought Belgium National Railway cars. One of our corporations
bought the Liefkenshoek Tunnel under the river in Antwerp, Belgium.
Why? To save money on taxes. Some companies don't want to pay their
taxes to this country.
PBS Frontline's Hedrick Smith did a piece on it. The cross-border
leasing contracts appear particularly hard to justify because all the
property rights remain as they were even after the deal was signed. The
Cologne purification plant keeps cleaning Cologne's sewage water. In
the words of Cologne's city accountant:
After all, the Americans should know themselves what they
do with their money. If they subsidize this transaction, we
gratefully accept.
I mention this because the tax shelters that big American banks and
some cities have discovered are unusual and, I think, raise very
serious questions about whether they are fair to do.
Here is a Wall Street Journal article about how the city of Chicago
actually sold Chicago's 9-1-1 emergency call system to FleetBoston
Financial and Sumitomo Mitsui Banking. Why would a city sell its 9-1-1
emergency call system? Why would somebody buy it? It is in order to
avoid paying U.S. taxes.
The reason I mention all of this is, last evening, I heard about the
transit systems being in trouble in this country. Why? They are engaged
in this. They were engaged in exactly the same thing. A transit system
that is established by a city to provide transportation for folks in
that city decides it wants to get involved in a transaction to sell its
transit system to a bank someplace and then lease it back, allowing the
bank to avoid paying U.S. taxes and, all of a sudden, they are in
trouble. Do you know what? I do not have so much sympathy for people
who are involved in those kinds of transactions. It reminded me, last
evening, listening to this issue of cross-border leasing, SILOs and
LILOs, and all these scams going on for a long time, many established
by U.S. companies who apparently, in their boardrooms, are not only
trying to figure out how to sell products but how to avoid taxes
through very sophisticated tax engineering.
I think it raises lots of questions about the issue of economic
patriotism and what each of us owes to our country. It reminded me
again of another portion of this financial collapse and financial
crisis that we now face in this country. It reminded me of the work
that the attorney general of New York, Andrew Cuomo, is doing and
something he disclosed. We should have disclosed it, but we didn't know
it. We know it because Andrew Cuomo, the attorney general of New York,
dug it out. Let me tell you the story.
Last year, Merrill Lynch investment bank was going belly up. So the
Treasury Secretary arranged a purchase of Merrill Lynch by Bank of
America in September to be consummated in January. And it happened.
What we now understand and learn is that Merrill Lynch, which lost $27
billion last year, in December, just prior to it being taken over by
Bank of America, paid 694 people bonuses of more than $1 million each.
I will say that again. They paid 694 people bonuses of more than $1
million each, with the top four executives sharing $121 million.
Moments later--that is, in a couple of weeks--the American taxpayers,
through the TARP program, put tens of billions of dollars more into the
acquiring company, Bank of America. At least a portion of that would
have been attributable to the takeoff of Merrill Lynch, which just lost
$15 billion the previous quarter. It appears to me that this was an
arrangement, and Bank of America understood it was buying Merrill
Lynch. Merrill Lynch lost a ton of money--$27 billion--last year but
wanted to pay bonuses to its executives. So 694 of their folks got more
than $1 million each--just prior to the American taxpayer coming in and
providing the backstop to the acquiring company, Bank of America, at
least in part because of the purchase.
Is there any wonder the American people get furious when they read
these kinds of things? The top four executives received $121 million.
The top 14 received $250 million. I describe this because we didn't
know this. We are the ones who are pushing TARP money. This Congress
appropriated TARP money--now $700 billion. This Congress has
appropriated that money, but we don't know what is going on. That is
why I introduced, with Senator McCain, a proposal for a select
committee to investigate the narrative of what happened with respect to
this financial crisis. These tax scams are just a part of it. It is the
way everything was happening around here, with some of the biggest
institutions in the country.
There is plenty of blame to go around. The Federal Government was
running deficits that were far too large. Corporate debt was increasing
dramatically. Personal debt, household debt, doubled in a relatively
short time. It is not as if everybody doesn't have some culpability.
Our trade deficit, $700 billion a year, is unsustainable. You cannot do
that year after year. There were a lot of reasons.
Then the subprime loan scandal--this unbelievable scandal. At the
same time the subprime loan scandal ratchets up, we have a circumstance
where regulators, who were appointed by the previous administration,
essentially advertised they were willing to be willfully blind and not
look. ``Self regulation'' is what Alan Greenspan called it.
So then there grew a substantial pot of dark money that was traded
outside of any exchanges. Nobody knew what they were. The development
of newly engineered products, credit default swaps, CDOs--you name it,
was very complicated--so complicated that many could not understand
them. I was asked by a television interviewer 2
[[Page 6899]]
days ago: If you did a select committee to investigate all of this,
with due respect, do you think Members of the Senate could understand
these very complicated products?
I said: I think if your question is could we understand them as well
as the heads of financial institutions who steered their companies into
the ditch with these products, can we understand them as well as they
did, yes, I think so. I think we are capable of figuring out what
caused all this, but we would not do it without looking. We would not
do it, in my judgment, without the establishment of a select committee
with subpoena power to develop the narrative of what happened, who is
accountable, what do we do to make sure this never happens again.
I believe we ought to go back a ways, go back to 1999, when the
Congress passed something called the Financial Services Modernization
Act that took apart the Glass-Steagall Act that was put in place after
the Great Depression, and it separated banking from risk. It said you
cannot be involved in deposit-insured banking and then involved in real
estate and securities as well.
In 1999, Congress passed legislation that said that is old-fashioned.
Let's get rid of Glass-Steagall. Let's abolish Glass-Steagall. Let's
create big financial holding companies for one-stop financial
capabilities for everybody. I was one of eight to vote no. I said on
the floor of the Senate 10 years ago that I think this will result in a
big taxpayer bailout. I said that during the debate, not because I knew
it but because I felt it. You cannot take apart the protections that
existed after the Great Depression and somehow believe you are doing
the country a favor. We were not.
We have to reconnect some of those protections and separate banking
from the substantial risks that are involved in things such as the
derivatives and some of the complex products with great risk that now
exist as something called toxic assets deep in the bowels of some of
the largest financial institutions of our country.
We have a lot to do and a lot to do in a hurry to try to fix what is
wrong in this country. I said before that I do not think you can fix
what is wrong unless you clean up the banking system. I understand a
banking system is a circulatory system for an economy. You have to have
a working system of finance.
I was asked the other day: Do you believe in nationalizing the banks?
I said: That is a word that is thrown around. I don't know what words
to use. But I think perhaps for the biggest banks in the country that
have failed that are loaded with massive, risky toxic assets and are
now saying to the American taxpayers: Bail me out, but keep me alive
because I have a right to exist because I am too big to fail, I said I
think instead we ought to run it through a banking carwash. Start at
the front end--I know ``banking carwash'' is a goofy idea--start at the
front end and when they come out new, you have gotten rid of the bad
assets, keep the good assets, change the name, perhaps change their
ownership, put them back up. We need banks, I understand that. But
there is no inherent right with all the banks with the current names to
exist if they ran into the ditch, taking on very big risks and then
decide the taxpayers have to retain them because it is their inherent
right to exist. I don't believe that is the case.
I do believe all of us have to find a way to put together this
banking and financial system in a manner that works because business
cannot exist without credit. We have plenty of businesses out there
right now that have the capability to make money, have the capability
to survive and get through this but cannot find credit. We have to find
a way to put that together so our financial system works.
Cuba
I wish to make a couple points about a subject I did not talk about
in recent days because there was a lot of controversy on the floor of
the Senate over some provisions that I included in the omnibus bill
dealing with Cuba. I wish to make a couple comments because much of the
discussion has been inaccurate.
Fifty year ago, Fidel Castro walked up the steps of the capitol in
Havana, having come from the mountains as a revolutionary. Fidel Castro
turned Cuba into a Communist country. I have no time for Fidel Castro
or the Communist philosophy of Cuba. But it has always been my interest
to try to understand why we treat Cuba differently than we do other
Communist countries.
China is Communist, Communist China. What is our policy with China?
Engagement will be constructive; allow people to travel to China; trade
with China; constructive engagement will move China in the right
direction. That has always been our policy with respect to Communist
China. I have been to China.
Vietnam is a Communist government. What is our policy? Engagement is
constructive; travel to Vietnam; trade with Vietnam; constructive
engagement will move Vietnam toward better human rights and greater
freedoms. I have been to Vietnam.
That is our constructive approach with respect to Communist
countries. Cuba? Different, an embargo with respect to Cuba, a complete
embargo, which at one time even included food and medicine which, in my
judgment, is immoral. In addition to an embargo, we said: We don't like
Fidel Castro; so we are going to slap around the American people as
well because we are going to prevent them from traveling to Cuba. So we
have people in the Treasury Department in a little organization called
the Office of Foreign Assets Control, called OFAC, that at least until
not long ago was spending 20 to 25 percent of its time tracking
American citizens who were suspected of vacationing in Cuba.
Can you imagine that? The organization was designed to track
terrorist money. But nearly a quarter of its time was spent trying to
track whether Americans went to Cuba to take a vacation illegally. Let
me show you some of what they have done.
This woman is named Joan Slote. I have met Joan. Joan is a senior
Olympian bike rider. Joan went to Cuba to ride bicycle with a Canadian
bicycling group. Canadians can go to Cuba, and she assumed it was legal
for Americans also. She answered an ad in a bicycling magazine and
said: Yes, I would like to bicycle in Cuba. So she went.
For going to bicycle in Cuba, she was fined $7,630 by the U.S.
Government under the Trading with the Enemy Act. Think of that, the
Trading with the Enemy Act. This senior citizen bicyclist was fined by
her Government. Then, because her son had a brain tumor and she was
attending to her son in another State, she did not get this notice. So
the Government took steps to threaten to attach her Social Security
check. Unbelievable. This is unbelievable, in my judgment.
This is Joni Scott, a young woman who came to see me one day. She
went to Cuba with a religious group to pass out free Bibles. You can
guess what happened to her. Her Government was tracking her down to try
to fine her for going to Cuba to pass out free Bibles. Why? Because we
decided to punish Fidel Castro by not allowing the American people to
travel to Cuba.
Here is Leandro. He is a Cuban American but he could not attend his
father's funeral in Cuba. President Bush, by the way, changed the
circumstances that Cuban Americans living in this country could travel
to Cuba so they can go only once in 3 years rather than once in 1 year.
Your mother is dying? Tough luck. Your father is dying? Tough luck. You
can't go there. That policy is unbelievable to me.
This is a man I met, SGT Carlos Lazo. SGT Carlos Lazo fled from Cuba
on raft and went to Iraq to fight for this country. He won a Bronze
Star there. He is a great soldier. His sons were living in Cuba with
their mother. One of his sons was quite ill. He came back from fighting
in Iraq, and was denied the opportunity see his sick son in Cuba 90
miles away from Florida. That is unbelievable to me. In fact, we even
had a vote on the floor of the Senate--we did it because I forced it--
whether we were going to let this soldier go to Cuba to see his sons.
We fell only a few votes short of the two thirds we needed to change
the law.
[[Page 6900]]
My point is, our policies make no sense at all. We are going to slap
around the American people because we are upset with Castro and Cuba. I
am upset with Castro. I am upset with Cuba's policies. But with
Communist China and Communist Vietnam, we say travel there, trade with
them, constructive engagement moves them in the right direction.
John Ashcroft and I, when John Ashcroft was in the Senate, passed the
first piece of legislation that opened a crack for American farmers to
be able to sell food and for us to sell medicine in Cuba. We opened
just a crack. There was a time a few years ago when the first train
carloads of dried peas from North Dakota went to a loading dock to be
shipped to Cuba.
President Bush decided: I am going to tighten up all that. I am going
to tighten up family visits; I am going to tighten up and try to thwart
the ability of farmers to sell food into Cuba. It made no sense to me.
So in this omnibus legislation, I made the changes we have been talking
about and debating for years; that is, restoring the right of family
visits once a year rather than once in 3 years and a couple other
changes to make it easier to export food and medicine to Cuba.
But I wish to make the point that some people on the floor of the
Senate have claimed this legislation that was in the omnibus would
extend U.S. credit to Cuba. It is flat out not true. There is nothing
in these provisions that would extend credit to Cuba. In fact, the
Ashcroft-Dorgan or Dorgan-Ashcroft legislation that allowed us to sell
food into Cuba explicitly prohibits U.S. financing for food sales to
Cuba. They cannot purchase food from us unless it is in cash, and the
payments cannot even be conducted directly through an American bank.
They have to run through a European bank for a cash transaction to buy
American farm products. But at least the law allows us to compete with
the Canadians, the Europeans, and others who sell farm products into
Cuba.
These policies, in my judgment, have been a failure, dating back to
1960. There is no evidence at all that this embargo has been helpful.
I have been to Cuba. I have been to Havana. I talked with the
dissidents who take strong exception and fought the Castro regime every
step of the way, and a good number of those dissidents said to me this
embargo we have with respect to Cuba is Castro's best excuse. Castro
says: Sure our economy is in shambles. Wouldn't it be? Wouldn't you
expect it to be if the 500-pound gorilla north of here has its fist
around your neck? That is what the Castro regime says to excuse its
dismal record--the economy, human rights, and all of it.
I, personally, think it is long past the time to take another look. I
know Senator Lugar also published some recommendations on Cuba policy
recently. Sometime soon, Senator Enzi and I and others are going to
talk about legislation we have introduced on this subject. It is long
past the time to take another look at this issue and begin to treat
Cuba as we treat Communist China and Communist Vietnam.
I think constructive engagement is far preferable because now the
only voice the Cuban people hear effectively is the Castro voice,
whether it is Raul or Fidel--I guess it is now Raul. That is the only
thing they hear, and they need to hear more. Hearing more from a flock
of tourists who go to a country such as Cuba would, in my judgment,
open a substantial amount of new dialog. So I think travel and trade
will be constructive, not just with China and Vietnam. I think there is
evidence in both cases--I have been to both countries--that
constructive engagement has moved forward in both countries in a
measurable way.
Has engagement resulted in a quantum leap with china and Vietnam? No,
but it is measurable. I think the same would be true with respect to
Cuba.
What persuaded me to come to the floor to talk about this today was a
discussion this past week on the floor regarding the provisions I
sponsored on the bill we passed last night. I didn't engage in that
discussion because we needed to move the omnibus bill.
I did want the Senate Record to understand and show exactly what the
history has been and what we have done. What we have done, I think, is
a very small step in the right direction. Much more needs to be done,
whether it is saying to American farmers: You have a right to compete,
you have a right to sell farm products without constraints. By the way,
one of the provisions in the bill authorizes a general license that
would make it easier for farm groups like the Farmers Union and Farm
Bureau to go to an agriculture expo in Cuba to be able to sell their
products. That is not radical. That is not undermining anything. That
is common sense.
The drip, drip, drip of common sense in this Chamber could be helpful
over a long period of time. This is just a couple small drops of common
sense that I think will help us as we address the issue of Cuba.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. ALEXANDER. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Budget
Mr. ALEXANDER. Madam President, I ask the Chair to let me know when I
have 2 minutes remaining. I believe we have 30 minutes allocated to us
at this stage.
The PRESIDING OFFICER. The Chair will notify the Senator.
Mr. ALEXANDER. I thank the Chair.
Madam President, this is an important next 3 or 4 weeks for the
United States. The President of the United States has outlined his 10-
year blueprint for our country's future in the form of a budget. The
budget is now before the Congress, and it is our job to consider it. We
are doing that every day in hearings, and we are looking forward to the
details the President will send later this month. But for the next 4
weeks, including this week, the major subject for debate in this Senate
Chamber is this: Can we afford the Democrats' proposals for spending,
taxes, and borrowing? And our view--the Republican view--is the answer
is no.
As an example, in the 1990s, President Clinton and the Congress
raised taxes, but they raised taxes to balance the budget. This
proposal--and we will be discussing it more as we go along--will raise
taxes to grow the government.
Not long ago, the President visited our Republican caucus, and we
talked some about entitlement reform--the automatic spending that the
government says we don't appropriate; mostly all of it is for Social
Security, Medicare, and Medicaid--and he talked about the importance to
him of dealing with entitlement spending. Senator McConnell, the
Republican leader, made a speech at the National Press Club to begin
this Congress in which he said that he was going to say to this
President: Let's work together to bring the growth in entitlement
spending, automatic spending, under control. We had a summit at the
White House, which we were glad to attend, about that.
But I say to Senator Gregg, the Senator from New Hampshire, who is
the ranking Republican on the Budget Committee, I was disappointed to
come back from the excellent meeting we had at the White House on
fiscal responsibility and find, for example, that in this budget we
have $117 billion more for entitlement spending on Pell grants. So my
question to the Senator from New Hampshire is: Does this budget
actually reform entitlement spending, or does it not?
Mr. GREGG. I thank the Senator from Tennessee. I know the Senator
from Tennessee will not be surprised to learn that there is no
entitlement reform in this budget; that this budget, regrettably,
dramatically increases entitlement spending.
The chart I have here reflects that increase. If you would use the
present baseline on entitlement spending, that would be the blue. Now
that is going up pretty fast. During this period, it
[[Page 6901]]
would go from $1.2 trillion up to almost $2.4 trillion. That is the
baseline, if you did nothing. Now one would have presumed with that
type of increase in entitlement spending, and the fact that this
budget, as it is proposed, is going to run up a public debt which will
double in 5 years and triple in 10 years, that it will create a deficit
this coming year of $1.7 trillion and a deficit in the last year of the
budget of $700 billion--deficits which are larger in the last years of
this budget than have historically been those that we have borne as a
nation over the last 20 years, and a debt which will go from $5.8
trillion to $15 trillion plus. One would have presumed that in that
area where the budget is growing the fastest, and which represents the
largest amount of cost, that this administration would have stepped
forward and said: Well, we can't afford that; we have to try to slow
the rate of growth of spending in that area, or at least not have
increased it. But what the President's budget has done is they have
proposed to dramatically increase the amount of spending in the
entitlement accounts.
Most of this increase will come in health care. Now, people say, and
legitimately so, that we have to reform our health care delivery system
in this country; that we have to get better with health care in this
country. But does that mean we have to spend a lot more money on it?
No. We spend 17 percent of our national product, of what we produce as
a nation, on health care. The closest country to us in the
industrialized world only spends 11\1/2\ percent of their product on
health care. So we have a massive amount of money we are spending on
health care as an industrialized nation that is available to correct
our health care system. We don't have to increase it even further.
What the President is proposing is to increase health care spending.
As a downpayment, they are saying $600 billion, but actually what they
are proposing is $1.2 trillion of new entitlement spending in health
care. No control there. In addition, as the Senator from Tennessee
noted, they are taking programs which have traditionally been
discretionary, which have therefore been subject to some sort of fiscal
discipline around here, because they are subject to what is known as
spending caps on discretionary programs, and taking these programs and
moving them over to the entitlement accounts. Why? Because then there
is no discipline. You spend the money, and you keep spending the money,
and there is no accountability. So they are taking the entire Pell
program out of discretionary accounts and moving it over to entitlement
accounts. As the Senator from Tennessee noted, this is over $100
billion of new entitlement spending.
If we keep this up, what is it going to do? Essentially, what it is
going to do is bankrupt our country, but it will certainly bankrupt our
kids. We are going to pass on to them a country which has this massive
increase in debt--something our children can't afford, as I mentioned
earlier--a debt which will double in 5 years because of the spending,
and triple in 10 years. Almost all of this growth in debt is a function
of the growth of the entitlement spending in this program. Although
there is a considerable amount of growth in discretionary, the vast
majority of this increase is in spending for entitlement programs.
To put it another way, and to show how much this is out of the
ordinary and how much this is a movement of our government to the
left--an expansion of government as a function of our society--this
chart shows what historically the spending of the Federal Government
has been. It has historically been about 20 percent of gross national
product. That has been an affordable number. Granted, we have run
deficits during a lot of this period, but at least it has been
reasonably affordable. But this administration is proposing in their
budget that we spike the spending radically next year, which is
understandable because we are in the middle of a very severe recession
and the government is the source of liquidity to try to get the economy
going. So that is understandable. Maybe not that much, but maybe
understandable. It is more than I would have suggested, but I will
accept that. The problem is out here, when you get out to the year
2011, 2012, and 2013, when the recession is over. When the recession is
over, they do not plan to control spending. They plan to continue
spending on an upward path so it is about 23 percent of gross national
products.
What does that mean? That means we are going to run big deficits, big
debt, and all of that will be a burden and fall on the shoulders of our
children. Our children are the ones who have to pay this cost.
Mr. ALEXANDER. At this point, let me ask the Senator from New
Hampshire a question. I have heard you say, and I believe I said a
moment ago, that in the 1990s, President Clinton raised taxes, as
President Obama is planning to raise taxes, but that President Clinton
used it to reduce the deficit.
Mr. GREGG. Yes. When President Clinton raised taxes in the mid 1990s,
and a Republican Congress came into play, we controlled spending. He
got his tax increase, the deficit went down, because the tax increase
was put to reducing the deficit. What President Obama is proposing is
that he increase taxes by $1.4 trillion--the largest tax increase in
the history of our country. Is it going to be used to reduce the
deficit? No, just the opposite. It is going to be used to grow the
government and allow the government to now take 23 percent of gross
national product instead of the traditional 20 percent.
So you can't close this gap. Basically, all the new taxes in this
bill--and there are a lot of them. There is a national sales tax on
everybody's electric bill, a tax which is basically going to hit most
every small business in this country and make it harder for them to
hire people; and a tax which limits the deductibility of charitable
giving and of home mortgages. All these new taxes are not being used to
get fiscal discipline in place, to try to bring down the debt, or limit
the rate of growth of the debt, or to limit the size of the deficit.
They are being used to explode--literally explode--the size of the
Federal Government, with ideas such as nationalizing the educational
loan system, ideas such as quasinationalization of the health care
system, which is in here, and massive expansion of a lot of other
initiatives that may be worthwhile but aren't affordable in the context
of this agenda.
So this budget is a tremendous expansion in spending, a tremendous
expansion in borrowing, and a tremendous expansion in taxes. And it is
not affordable for our children.
Mr. ALEXANDER. I wonder if I may ask the Senator from New Hampshire
about this. Some people may say, with some justification: You
Republicans are complaining about spending, yet in the last 8 years you
participated in a lot of it yourself. How would you compare the
proposed spending and proposed debt over the next 10 years in this
blueprint by the Obama administration with the last 8 years?
Mr. GREGG. That is a good point, and that has certainly been made by
the other side of the aisle: Well, under the Bush administration all
this spending was done and this debt was run up.
In the first 5 years of the Obama administration, under their
budget--not our numbers, their numbers--they will spend more and they
will run up the debt on the country more and on our children more than
all the Presidents since the beginning of our Republic--George
Washington to George Bush. Take all those Presidents and put all the
debt they put on the ledger of America, and in this budget President
Obama is planning to run up more debt than occurred under all those
Presidents. It is a massive expansion in debt.
It is also an interesting exercise in tax policy. Now, I know we are
not talking so much about taxes today, but I think it is important to
point out that when you put a $1.4 trillion tax increase on the
American people, you reduce productivity in this country rather
dramatically. One of the unique things about President Bush's term was
that he set a tax policy which actually caused us to have 4 years--
prior to this massive recession, which is obviously a significant
problem and a very difficult situation--but for the runup during the
middle part of his
[[Page 6902]]
term right up until this recession started, the Federal Government was
generating more revenues than it had ever generated in its history. Why
was that? Because we had a tax policy which basically taxed people in a
way that caused them to go out and be productive, to create jobs, and
to do things which were taxable events.
Unfortunately, what is being proposed here, under this
administration's tax policy, is going to cause people to do tax
avoidance. Instead of investing to create jobs, they will go out to
invest to try to avoid taxes, and that is not an efficient way to use
dollars. The practical effect is it will reduce revenues and increase
the deficit. So on your point, the simple fact is, as this proposal
comes forward from the administration, it increases the debt of the
United States more in 5 years than all the Presidents of the United
States have increased the debt since the beginning of the Republic.
Mr. ALEXANDER. I see the Senator from Arizona, who is a longtime
member of the Senate Finance Committee and pays a lot of attention to
Federal spending and is the assistant Republican leader. I wonder,
Senator Kyl, as you have watched the Congress over the years, to what
do you attribute this remarkable increase in spending? We heard a lot
of talk last year about change, but this may be the kind of change that
produces a sticker shock. It may be a little bit more change in terms
of spending than a lot of Americans were expecting.
Mr. KYL. Mr. President, I appreciate the question of my colleague
from Tennessee. I also compliment the ranking member of the Budget
Committee, the Senator from New Hampshire, who has tried to deal with
budgets all the time he has been in the Senate.
If I could begin by just asking him one question: How would you
characterize this budget proposed by the President as compared with
others, in terms of the taxes and the spending and the debt created? Is
there some way to compare it with all of the other budgets that you
have worked with, including all of the Bush budgets?
Mr. GREGG. It has the largest increase in taxes, the largest increase
in spending, and the largest increase in debt in the history of our
country.
Mr. KYL. Mr. President, I first would answer my colleague from
Tennessee. We ought to be spending less and taxing less and borrowing
less. Our minority leader asked his staff to do some calculations. Just
from the time that the new President raised his hand and was
inaugurated as President, how much money have we spent? They calculated
that we have spent $1 billion every hour. That is just in the stimulus
legislation, this omnibus bill that was just passed last night, which
is 8 percent over the stimulus bill, and we have not even added in the
spending that is going to occur as a result of this budget which, as
the Senator from New Hampshire said, in just the first year is a third
more spending than even the previous year--$3.55 trillion.
In addition to that, it makes much of the so-called temporary
spending in the stimulus bill permanent. Some of us predicted that
would happen, that when they have a new program in the stimulus bill
they surely wouldn't cut it off after 2 or 3 years. We said they will
probably make it permanent. Sure enough, and the ranking member on the
Budget Committee can speak to that better than I, but a great many of
these programs are made permanent. On health care, for example, the
Senator from New Hampshire talked about that, but there is no effort to
control entitlements. In fact, Medicare, Medicaid, and Social Security
all rise between 10 and 12 percent, Medicare itself by $330 billion.
This is increased spending, and it is permanent programs.
We also wondered what would happen with respect to the Federal
Government's growth as a result. According to a March 3 Washington Post
article, ``President Obama's budget is so ambitious, with vast new
spending on health care, energy independence, education, services for
veterans, that experts say he probably will need to hire tens of
thousands of new Federal Government workers to realize his goals.''
According to the article, estimates are as high as 250,000 new
Government employees will have to be hired to implement all of this
spending.
I know we want to create jobs in this economy, but I wonder if the
American people intended that we create a whole bunch of new Government
bureaucrats to spend all of this money.
This is not responsive to my colleague's question, but the one area
where we do not have high unemployment is Government jobs. The
unemployment in the country is about 8 percent now. In Government jobs
it is between 2 percent and 3 percent, so that is not an area we needed
to grow more jobs.
Mr. ALEXANDER. I wonder if I might ask the Senator from Arizona, one
might look at the chart Senator Gregg has up and say that is not too
big an increase in Federal spending, but of course the United States
produces about 25 percent of the world's wealth. When we go up on an
annual basis by a few percentage points, it begins to change the
character of the kind of country we have.
How do you see this kind of dramatic increase in spending and taxing
and debt affecting the character of the country as compared with, say,
countries in Europe or other countries around the world?
Mr. KYL. Mr. President, I would say that is getting to the heart of
the matter. We can talk about these numbers all day. They are mind-
boggling, they are very difficult to take in. But what does it all mean
at the end of the day? I will respond in two ways.
First of all, it makes us look a whole lot more like the countries in
Europe that have been stagnating for years because they spend such a
high percent of their gross national product on government. As the
Senator from New Hampshire pointed out, we are headed in that direction
under this budget. It is a recipe for a lower standard of living in the
United States and makes us look a lot more like Europe.
The second way goes back to the policy I think is embedded in this
budget. The President has been very candid about this. He talks about
it as his blueprint. He says this budget is not about numbers, it is
about policies; it is about a blueprint for change. The Wall Street
Journal on February 27 said:
With yesterday's fiscal 2010 budget proposal, President
Obama is attempting not merely to expand the role of the
federal government but to put it in such a dominant position
that its power can never be rolled back.
That is the problem. It is the growth of Government controlling all
of these segments of our lives. That is what this spending is
ultimately all about, as the Senator from New Hampshire said, taking
over the energy policy, taking over the health care, taking over the
education policy, as well as running our financial institutions. It is
not just about spending more money and creating more debt and taxing in
order to try to help pay for some of that. It is also about a huge
increase in the growth of Government and therefore the control over our
lives.
In a way, the Wall Street Journal says, ``In a way that can never be
rolled back.''
Mr. ALEXANDER. I wonder if either the Senator from Arizona or New
Hampshire would have a comment on the way that spending was
accomplished in the stimulus bill. For example, in the Department of
Education, where I used to work, the annual budget was $68 billion. But
the stimulus added $40 billion per year to the department's budget for
the next 2 years. There were no hearings. There was no discussion about
this. No one said: Are we spending all the money we are spending now in
the right way, and if we were to spend more would we give parents more
choices? Would we create more charter schools? Would we, as the
President said yesterday, of which I approve, spend some money to
reward outstanding teachers?
What about the way this is being spent on energy, education, and
Medicaid, for example?
Mr. GREGG. I think the Senator is absolutely right. The stimulus
package was a massive unfocused effort by people to fund things they
liked. I don't think it was directed at stimulus. It
[[Page 6903]]
was more directed at areas where people believed there needed to be
more money, people who served on the Appropriations Committee, and
therefore they massively funded those areas. Between the stimulus bill
and the omnibus bill, there were 21 programs which received on average
an 88-percent increase in funds for 2009 compared to 2008; $155 billion
more was spent on those programs for this year than last year. That is
just a massive explosion in the size of the Government. It is
inconsistent with what the purposes of a stimulus package should have
been.
The stimulus package should have put money into the economy quickly
for purposes of getting the economy going. What this bill did was
basically, as you mentioned earlier, build programs that are going to
be very hard to rein in. The obligations are there. They are going to
have to be continued to be paid for, and, as the Senator from Arizona
pointed out, that was probably the goal: to fundamentally expand the
size of Government in a way that cannot be contracted.
Take simply, for example, a very worthwhile exercise which is NIH.
They received an extra $10 billion, I believe, on the stimulus package,
for 2 years of research. Research doesn't take 2 years. Research takes
years and years and years, so you know if you put in that type of money
up front you are going to have to come in behind it and fill in those
dollars in the outyears.
They basically said you are going to radically expand the size of
this initiative. The same thing happening in education. The same thing
happening in health care. That is where this number goes up so much, 23
percent of gross national product, and it goes up from there. The only
way you pay for it is basically taxing our children to the point they
cannot have as high a quality of life as we have.
Mr. ALEXANDER. I heard the Senator from Arizona say it was not just a
$1 trillion stimulus package, that by the time you add in all these
projected costs in the future, it might be much more.
Mr. KYL. I think the number was $3.27 trillion. I believe that was
the correct number over the time of the 10 years.
The Senator from Tennessee certainly knows a bit about education. It
all was not spent. There were some policies that actually attempted to
reduce some costs--of a program that works very well, that thousands of
people in the District of Columbia depend upon to send their kids to
good schools. That is the program we put into effect to give a voucher
of $7,500 a year to kids to attend private schools, kids who would
never have that opportunity otherwise.
If I could ask a question of my colleague from Tennessee, since as
former Secretary of Education he knows something about how to make sure
our kids have the best opportunities for education in this country,
why, with the District of Columbia costing about $15,000 a year to
educate children and not doing a very good job of it according to all
of the test scores, and thousands of parents wishing their kids had an
alternative choice, somewhere else to go--when we create a program that
provides a few of them, less than 2,000 a year, I believe, with a
voucher that returns only half of that much money to the private
school--$7,500, so it doesn't cost the public anything--why, when it
gives these kids such a great opportunity, would our colleagues on the
other side of the aisle, and the President, whose two daughters, by the
way, attend one of the schools that kids would have to be taken out of
because they can't afford to go there without the voucher--why would
they remove that school choice and the voucher program?
Mr. ALEXANDER. It is very hard to imagine, Senator Kyl. Just to make
the point we are not being personal about that, my son attended the
same school that the President's daughters attend when we were here and
I was Education Secretary.
School vouchers may not be the solution in every rural county in
America, but in the District of Columbia, 1,700 children who are low-
income children have a chance to choose among private schools, their
parents are delighted with the choice, and a study is coming out this
spring to assess what they are learning. I do not know the motive
behind this, but I do know the National Education Association has made
its reputation opposing giving low-income parents the same choices that
wealthy people have. That is a poor policy and one we ought not to have
stuck on an appropriations bill like that.
The President has shown good instincts on education. His Education
Secretary is a good one. But had we had a chance to debate this in
committee and to hear from them, perhaps we could have had a bipartisan
agreement that we need to pay good teachers more, we need more charter
schools, and we need to give parents some more choices like these
District of Columbia parents.
I know our time is running short. I wonder if the Senator from New
Hampshire has any further thoughts about spending.
Mr. GREGG. I thank the Senator from Tennessee for taking this time. I
think it all comes down to these numbers. Really, what does spending
do? Sure it does a lot of good things, but in the end, if you don't pay
for it, it makes it more difficult for our country to succeed and for
our children who inherit the debts to succeed. When you double the debt
in 5 years because of the spending, and you triple it in 10 years, you
are absolutely guaranteeing that you are passing on to our children a
country where they will have less opportunities to succeed than our
generation. That is not fair. It is simply not fair for one generation
to do this to another generation. Yet that is what this budget proposes
to do: to run up bills for our generation and take them and turn them
over to our children and grandchildren at a rate greater than ever
before, a rate of spending greater than has ever been seen before, and
a rate of increasing the debt that has never been conceived of before,
that you would triple the national debt in 10 years.
It is not fair, it is not right, it is not appropriate, and it
certainly is a major mistake, in my opinion.
Mr. ALEXANDER. Senator Kyl, to conclude our discussion, this is the
beginning of a process in the Senate in which everyone in this country
can participate. We are asking that they consider: Can you afford this
amount of spending, this amount of borrowing, this amount of taxes?
There is a different path we could take toward the future.
Mr. KYL. Indeed. Mr. President, I thank the Senator from Tennessee.
As this debate unfolds, I think our colleagues will see that
Republicans have some better ideas. We want to spend less and tax less
and borrow less. We believe we can accomplish great results in the
field of energy, for example, in the field of education, in the field
of health care--much more positively, much better results in the long
run with a lot less burden on our children and our grandchildren in the
future.
As this debate unfolds, we are very anxious to present our
alternative views on how to accomplish these results.
The PRESIDING OFFICER (Mr. Cardin.) The Senator is notified that 28
minutes has elapsed.
Mr. ALEXANDER. I thank the Senator from Arizona for his leadership
and the Senator from New Hampshire for his views.
This is the beginning of a discussion about a 10-year blueprint
offered by our new President about the direction in which our country
should go. We on the Republican side believe American families cannot
afford this much new spending, this many new taxes, and this much new
debt. We will be suggesting why over the next 3 or 4 weeks, and in
addition to that we will be offering our vision for the future. For
example, on energy, some things we agree with, such as conservation and
efficiency; some things we would encourage more of, such as nuclear
power for carbon-free electricity.
This is the beginning of a very important debate, and the direction
in which it goes will dramatically influence the future of this country
and make a difference to every single family, not just today's parents
but children and their children as well.
[[Page 6904]]
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. ALEXANDER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ALEXANDER. Mr. President, I ask unanimous consent that the time
be equally charged to each side.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Alabama is recognized.
Mr. SHELBY. Mr. President, I rise today with great concern regarding
the nomination of Mr. David Ogden to serve as the Deputy Attorney
General of the United States. There is no doubt that Mr. Ogden has a
long record of legal experience. He also, however, brings a long
history of representation of the pornography industry and the
opposition to laws designed to protect children from sexual
exploitation.
He opposed the Children's Internet Protection Act of 2000 that would
restrict children's exposure to explicit online content. Mr. Ogden
filed an amicus brief supporting the American Library Association in a
case that challenged mandatory anti-obscenity Internet filters in
public libraries. He treated pornography like informative data, writing
that the ``imposition of mandatory filtering on public libraries
impairs the ability of librarians to fulfill the purposes of public
libraries--namely, assisting library patrons in their quest for
information. . . .''
Mr. Ogden also argued against laws requiring pornography producers to
verify that models were over 18 at the time their materials were made.
Think of that. He challenged the Child Protection and Obscenity
Enforcement Act of 1988 and a companion law adopted in 1990, the Child
Protection Restoration and Penalties Enhancement Act. Mr. Ogden argued
that requiring pornography producers to personally verify that their
models were over age 18 would ``burden too heavily and infringe too
deeply on the right to produce First Amendment-protected material.''
Among the many cases in which Mr. Ogden has advocated interests of
the pornography industry, none is more egregious than the position he
took in Knox v. the United States.
The facts in the next case are straightforward. Steven Knox was
convicted of receiving and possessing child pornography under the Child
Protection Act after the U.S. Customs Service found in Mr. Knox's
apartment several videotapes of partially clothed girls, some as young
as age 10, posing suggestively. Serving as counsel on an ACLU effort,
Mr. Ogden argued to strike down the 1992 conviction of Mr. Knox. On
behalf of the ACLU and other clients, Mr. Ogden submitted a Supreme
Court brief advocating the same statutory and constitutional positions
as the Clinton Justice Department. Mr. Ogden's arguments stated that
while nudity was a requirement for prosecution, nudity alone was
insufficient for prosecutions under child pornography statutes. Put
simply, Mr. Ogden argued that the defendant had been improperly
convicted because the materials in his possession would only qualify as
child pornography if children's body parts were indecently exposed.
In response, on November 3, 1993, the Senate, right here, passed a
resolution by a vote of 100 to 0 condemning this interpretation of the
law by Mr. Ogden. President Clinton then publicly rebuked the Solicitor
General, and Attorney General Reno overturned his position. Now the
Senate is being asked to confirm as Deputy Attorney General someone who
advocated the same extreme position on a Federal child pornography
statute that the Senate unanimously repudiated 16 years ago.
The Supreme Court has ``recognized that there is a compelling
interest in protecting the physical and psychological well-being of
minors. This interest extends to shielding minors from the influence of
literature that is not obscene by adult standards.'' Pornography should
not be regarded as immune from regulation simply because it is deemed
``free speech.''
Furthermore, child pornography in any form should not be tolerated.
How can Mr. Ogden's clear position on the right to unfettered access to
pornography not interfere with the Justice Department's responsibility
to protect children from obscene material and exploitation?
When asked about this very issue at the Senate hearing on his
nomination, Mr. Ogden said he hoped he would not be judged by arguments
made for clients. If we cannot judge him on his past positions, what
can we judge him on? Past performance is a great indicator of future
action.
David Ogden is more than just a lawyer who has had a few unsavory
clients. He has devoted a substantial part of his career, case after
case for 20 years, in defense of pornography. Ogden has profited from
representing pornographers and in attacking legislation designed to ban
child pornography. Should a man with a long list of pornographers as
past clients, with a record of objection to attempts to regulate this
industry in order to protect our children, be confirmed for our
Nation's second highest law enforcement position? Is he the best choice
to actively identify and prosecute those who seek to harm our children?
Highlights of the Department of Justice's budget request for the year
2010 indicate an increased focus on educating and rehabilitating
criminals, while neglecting funding for vital child-safety programs
such as the Adam Walsh Act. I believe Mr. Ogden's past positions,
coupled with the Department's growing trend to prioritize criminal
rehabilitation over child safety, cause me great concern this
afternoon.
There is not a quick and easy solution to the problems of child
exploitation, but I can state unequivocally that we need a proactive
and aggressive Department of Justice to take the steps necessary to
attack this problem and demonstrate that protecting our children is a
top priority. I am not certain David Ogden will bring that leadership
to the Department; therefore, I must oppose this nomination.
This vote is made with the belief that a person's past legal
positions do mean a great deal. I think if most Americans knew what
this man has worked for and whom he has willingly represented, support
for his nomination would disappear. I do not believe his legal
philosophy, illustrated in the clients he freely chose to represent,
reflects the majority's views on the issue of child exploitation. I
know certainly they do not reflect mine.
Tragedy in Alabama
Mr. SHELBY. Mr. President, I want to get into something else you have
been reading about what happened in my State of Alabama yesterday. I
offer my condolences to the families and friends of the victims killed
in Samson, AL.
Yesterday, my State of Alabama suffered the worst mass shooting in
our State's history. As this tragedy unfolded, our law enforcement
responded bravely. I commend them for their actions and efforts. I also
offer my sincere sympathies to the victims, their families, and the
community. This is a tragedy that did not have to happen.
I yield the floor.
The PRESIDING OFFICER. The Senator from Michigan is recognized.
(The remarks of Mr. Levin and Mr. Grassley pertaining to the
introduction of S. 569 are printed in today's Record under ``Statements
on Introduced Bills and Joint Resolutions.'')
Mr. GRASSLEY. I suggest the absence of a quorum and ask unanimous
consent that the time be equally divided.
The PRESIDING OFFICER (Mrs. Shaheen). Without objection, it is so
ordered.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BROWNBACK. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWNBACK. Madam President, I rise to speak about the nomination
of David Ogden to be Deputy Attorney General of the Department of
Justice.
[[Page 6905]]
To summarize what I see in the Record, what I have read, I am very
disappointed in the Obama administration for nominating this individual
who is obviously talented but has also obviously chosen to represent,
sometimes on a pro bono basis, groups that push pornography. He even
represented interests against child pornography laws that we have
passed by unanimous votes in the Senate.
Here is a gentleman who has taken up these causes as a lawyer. I
appreciate his skill and ability as a lawyer. I appreciate his
willingness to represent a client. But he has chosen to consistently
represent pornography companies and groups. Even against the unanimous
opinion of this body on child pornography cases, he has taken the other
side. The message that sends across the country to people--when we are
struggling with a huge wave of pornography, and then, at the worst end
of it, child pornography--the message it sends around the rest of the
country is this is a Justice Department that is not going to enforce
these child pornography laws or is not concerned about this, when we
have an epidemic wave of pornography, and particularly of child
pornography, that is striking across the United States, and that this
is harming our children. It is harming our society overall. Now, at the
second to the top place of enforcement, you are putting your Deputy
Attorney General who has taken on these cases, and sometimes in a pro
bono manner.
I have no doubt of his legal skills. But the message this sends
across the country to parents, who are struggling to raise kids, is not
a good one. Our office has been receiving all sorts of calls opposed to
Mr. Ogden's nomination because of that very feature--and deeply
concerned calls because they are struggling within their own families
to try to raise kids, to try to raise kids responsibly, and to try to
raise them in a culture that oftentimes is very difficult with the
amount of violent material, sexual material that is out there, and
hoping their Government can kind of back them a little bit and say:
These things are wrong. Child pornography is wrong. It should not take
place. It should not be on the Internet. And you should not participate
in it.
Instead, to then nominate somebody who has represented groups
supporting that dispirits a number of parents and says: Is not even my
Government and its enforcement arms going to take this on? Are they not
going to be concerned about this, as I am concerned about it as a
parent? I see it pop up on the Internet, on the screen, at our home way
too often, and I do not want to see this continue to take place. Then
along comes this nominee, who knocks the legs out from under a number
of parents.
I want to give one quick fact on this that startled me when I was
looking at it. It is about the infiltration of pornography into the
popular culture, and particularly directly into our homes, and now it
is an issue that all families grapple with, our family has grappled
with. My wife and I have five children. Three of them are out of the
household now. We still have two of them at home. We grapple and
wrestle with this. Once relatively difficult to procure, pornography is
now so pervasive that it is freely discussed on popular, prime-time
television shows. The statistics on the number of children who have
been exposed to pornography are alarming.
A recent study found that 34 percent of adolescents reported being
exposed to unwanted--this is even unsolicited; unwanted--sexual content
online, a figure that, sadly, had risen 9 percent over the last 5
years. Madam President, 9 out of 10 children between the ages of 8 and
16 who have Internet access have viewed porn Web sites--9 out of 10
children between the ages of 8 and 16 who have Internet access have
viewed porn Web sites--usually in the course of looking up information
for homework.
It is a very addictive situation we have today. I held a hearing
several years back about the addictiveness of pornography, and we had
experts in testifying that this is now the most addictive substance out
in the U.S. society today because once it gets into your head, you
cannot like dry off or dry out of it.
The situation is alarming on its impact on marriages. There is strong
evidence that marriages are also adversely affected by addiction to
sexually addictive materials. At a past meeting of the American Academy
of Matrimonial Lawyers, two-thirds of the divorce lawyers who attended
said that excessive interest in online pornography played a significant
role in divorces in the previous year. That is two-thirds of the
divorce lawyers saying this is getting to be a situation that is
impacting so many of our clients and is so pervasive.
While David Ogden possesses impressive academic credentials, and he
certainly is a talented lawyer, he has also represented several
clients, significant clients, with views far outside the mainstream,
and he has not, to my satisfaction, disavowed the views of these
clients. He was given every chance to in hearings. He was trying to be
pinned down by people on the committee about: What are your views? I
understand your clients' views. What are your views? And he would not
respond to those.
He said: Well, these are views of my clients. I understand the views
of your clients. If they are pushing pornography, child pornography,
want to have access to this, I understand that. What are your views?
And he demurred each time and would not respond clearly.
Based on that record, I am led to believe it is highly likely David
Ogden may share the views of some of his clients--of those who have
supported pornography--and I cannot trust him to enforce some of our
Nation's most important antichild pornography laws--laws that he has a
history of arguing are unconstitutional. That is a position he took as
a lawyer: that these are unconstitutional, antichild pornography laws.
In an amicus brief David Ogden filed in United States v. American
Library Association, he argued that the Children's Internet Protection
Act, which requires libraries receiving Federal funds to protect
children from online pornography on library computers, censored
constitutionally protected material and that Congress was violating the
first amendment rights of library patrons. Now, that was the position
David Ogden took.
In a response to written questions submitted by Senator Grassley
after his confirmation hearing, David Ogden indicated he served as pro
bono counsel--for people who are not lawyers, that means he did it for
free--in this case, further calling into question his personal views.
If you are willing to represent a client for free, it seems to me there
is some discussion or possibility you may really share your client's
views on this issue regarding access to online pornography at
libraries.
The Children's Internet Protection Act passed this body, the Senate,
by a vote of 95 to 3 back in 2000. Ninety-five Members of this body
believed the Children's Internet Protection Act was an appropriate
measure to protect children from Internet filth and was constitutional
because our duty, as well, is to stand for the Constitution and to
abide by the Constitution and uphold it.
How can we trust David Ogden to enforce this law when he argued
against it as a pro bono counsel?
In another very disturbing case, Knox v. the United States, in which
Stephen Knox was charged and convicted for violating antichild
pornography laws--these are child pornography laws but child
pornography laws which I think are in another thoroughly disgusting
category--David Ogden filed a brief on behalf of the ACLU and others
challenging the Federal child pornography statutes. At issue in this
case was how child pornography is defined under the Federal statutes.
I am sure many of my colleagues will remember the controversy that
surrounded this case. As you may recall, Stephen Knox was prosecuted by
the Bush Justice Department--during the first Bush Presidency--and
ultimately convicted, after U.S. Customs intercepted foreign videotapes
he had ordered. By the time his conviction was appealed, however,
President Clinton was in office, and the Justice Department changed its
position on Knox's
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conviction. Drew Days, Clinton's Solicitor General at the time, chose
not to defend the conviction of Knox.
The Clinton Justice Department said: Yes, he is convicted, but we are
not going to prosecute this. But the Senate, by a vote of 100 to 0--
which is really rare to get around this place--and the House, by a vote
of 425 to 3, rejected the Clinton Justice Department's interpretation
of the child porn laws. The Senate unanimously said: Prosecute this.
Prosecute this child pornography case.
David Ogden was on the wrong side of this case. I urge my colleagues
to consider whether a man who has taken such extreme positions on
pornography, and especially child pornography, can be trusted to
enforce Federal laws prohibiting this cultural toxic waste. I am not
convinced that David Ogden does not share the views he advocated in the
Knox case, and I am concerned that at the very least he may be
sympathetic to the views of his former clients.
I hope David Ogden proves me wrong and he demonstrates a strong
willingness to enforce Federal child pornography and obscenity laws.
These laws are on the books. I hope he enforces them. But I cannot in
good conscience vote in favor of his nomination given his past record
and the positions he has taken. His past positions have been far too
extreme and outside of the mainstream for me, or I think for most
Americans, and certainly for most parents, to be able to support him to
be No. 2 in command of the Justice Department that enforces these laws.
I realize many of my colleagues, and likely the majority, are going
to cast their votes in favor of David Ogden. Before they do, I ask them
to please consider the negative impact pornography has had--and
particularly child pornography has had--on this society and the
important role the Justice Department plays in protecting children from
obscene and pornographic material, particularly child pornography.
The infiltration of pornography into our popular culture and our
homes is an issue that every family now grapples with. Once relatively
difficult to procure, it is now so pervasive that it is freely
discussed all over. Pornography has become both pervasive and intrusive
in print and especially on the Internet. Lamentably, pornography is now
also a multibillion-dollar-a-year industry. While sexually explicit
material is often talked about in terms of ``free speech,'' too little
has been said about its devastating effects on users and their
families.
According to many legal scholars, one reason for the industry's
growth is a legal regime that has undermined the whole notion that
illegal obscenity can be prosecuted. The Federal judiciary continues to
challenge our ability to protect our families and our children from
gratuitous pornographic images, and we must have a Justice Department
that is committed to combating this most extreme form of pornography.
Perhaps the ugliest aspect of the pornographic epidemic is child
pornography. This is where Mr. Ogden's record is most disturbing
because he is outside of even the minimal consensus on pornographic
prosecutions that exist. Children as young as 5 years old are being
used for profit in this, regrettably, fast-growing industry. While
there has been very little consensus on the prosecution of even the
most hard-core adult pornography, there has been widespread agreement
on the necessity of going after the purveyors of child porn. Despite
this agreement, this exploitive industry continues to thrive. Every
day, there are approximately 116,000 online searches for child
pornography--116,000. I think we can all agree that we have a duty to
protect the weakest members of our society from exploitation and from
abuse.
I fear David Ogden will be a step backward--and certainly sends that
signal across our society and to our parents and our families in this
effort to combat this most dangerous form of pornography. For those
reasons, I will be casting a ``no'' vote on his confirmation.
Madam President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Utah is recognized.
Mr. HATCH. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Obama Budget
Mr. HATCH. Madam President, a couple weeks ago the Obama
administration released an outline of its budget plan for fiscal year
2010. The budget is a plan that reflects the President's agenda and
priorities for the fiscal year.
The document with which most of our colleagues are quite familiar
with by now is entitled, ``A New Era of Responsibility--Renewing
America's Promise.'' While this is a nice title for which I commend the
President, it does not sound like the appropriate name for a work of
fiction. Because of the impact of the policies outlined in this budget,
a more fitting title might be, ``How To End America's Global Leadership
and Prosperity Without Really Trying.'' Even better, it sounds more
like a 1973 Disney animation entitled ``Robinhood.''
In this Oscar-nominated movie about a legendary outlaw, I think a
colloquy between Little John and Robinhood sums it up best. Little John
said:
You know somethin', Robin? I was just wonderin', are we
good guys or bad guys? You know, I mean our robbing the rich
to give to the poor.
Robinhood responded:
Rob? Tsk, tsk, tsk. That's a naughty word. We never rob. We
just sort of borrow a bit from those who can afford it.
Simply stated, this budget declares war on American jobs and on the
ability of American businesses to save or create them. It is bitingly
ironic, since on the first page of the budget message the President
said that the time has come, ``not only to save and create new jobs,
but also to lay a new foundation for growth.''
The only thing this budget lays the foundation of growth for is more
Government spending and more taxes.
Indeed, this budget is so bad, it is hard to know where to begin to
describe what is wrong with it. But let's start with the tax provisions
beginning on page 122 of the budget. Right there in black and white are
the administration's plans to increase taxes on American businesses--
the only entities that can create and save jobs on a permanent basis--
by a minimum of $1.636 trillion over 10 years. I say ``minimum''
because the total amount may be much higher, as I will explain a little
later in my remarks.
This budget is a masterpiece of contradiction. For example, it
promises the largest tax increases known to humankind while promising
tax cuts to 95 percent of working families. In reality, the President
wants to play Robinhood by redistributing trillions of dollars from
those who already pay the lion's share of this Nation's income taxes
and give a significant portion of it, through refundable tax credits,
to those who now pay no income taxes at all.
The budget promises millions of jobs to be saved or created but takes
away the very means for the private sector to perform this job creation
through increases in capital gains taxes, carried interest, and the top
individual rates where most business income is taxed.
The budget is also contradictory to stimulating the economy. On one
hand, it claims to provide $72 billion in tax cuts for businesses, but
on the other hand, the budget raises $353 billion in new taxes on
businesses, not counting the hundreds of billions--perhaps trillions--
more in so-called ``climate revenues.''
The budget decries the role of housing in bringing about our economic
crisis. It reduces the value of millions of homes by reducing the value
of the home mortgage interest deduction. The budget talks about
struggling families but reduces the incentive for taxpayers with the
means to donate to charity to do so.
The President claims this budget is free from the trickery and budget
gimmicks that have characterized those of previous administrations, but
he then
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assumes the extension of all the 2001 and 2003 tax relief and the AMT
patch into the baseline and then eliminates some of the same tax relief
and counts it as new revenue. I could go on and on about other
contradictions and ironies in this budget outline, and this is likely
just a preview. Wait until we get all the details.
The budget outline indicates tax increases of $990 billion over the
next 10 years in so-called ``loophole closers'' and ``upper income tax
provisions dedicated to deficit reduction.'' This is in addition to at
least $646 billion more in so-called ``climate revenues.''
In short, President Obama is proposing to raise taxes at a time when
we are in a recession. The last time we raised taxes during a
recession, we went into a depression.
The President claims these tax hikes will not take effect until 2011,
when he believes the economy will recover. This is in itself a huge
contradiction. Why is it not a good idea to raise taxes this year, but
it is OK to do so 2 years hence, when most economists believe we will
just begin to recover from the most serious downturn since the 1930s?
Huge new taxes in 2011 may be as dangerous to our long-term recovery as
putting them in place right now. I find it very interesting that the
new administration and many of our colleagues on the other side of the
aisle recognize tax increases have a negative effect on economic
growth. So please explain again why they would be a good idea 2 years
from now. If the President believes the economy will have recovered by
2011, then why does he keep using the fear of a looming, deep recession
to push forward his spending projects? Is it because he knows the
economy will rebound with or without the ``Making Work Pay'' tax credit
for funding for infrastructure? This budget would make the Making Work
Pay tax credit permanent. If this credit, which costs the taxpayers
$116 billion for just 2 years in the stimulus bill and would cost more
than half a trillion dollars over 10 years in this budget, is a
stimulus measure, as we were told, why is it included in the
President's budget beyond 2011, when he predicts the economy to
recover?
Let us take a look at the single largest tax increase proposal in the
history of the world--a huge tax on middle-income people--the so-called
``climate revenues'' that are listed at $646 billion over 10 years. The
proponents of this job-killing idea call it a ``cap-and-trade''
auction, but it is, in reality, nothing more than a gargantuan new tax
on American businesses. Moreover, a close look at the footnotes of the
tables reveals that this $646 billion is not even the extent of this
new tax on American industry. The footnotes indicate this is just the
portion of the new tax hike that will be used to pay for the Making
Work Pay credit permanent and for clean energy initiatives. Additional
revenues will be used to ``further compensate the public.'' It sounds
like more income distribution to me.
In a briefing of staff last week, top administration officials
admitted these revenues could be two to three times higher than the
$646 billion listed in the budget. That means this tax could reach as
high as $1.9 trillion--a $1.9 trillion tax increase. That is insane. So
what we have in this first part is a brandnew tax increase on the
industrial output of the United States of America, a tax that has never
been levied before and which could raise as much as $1.9 trillion over
10 years, and this budget says it is all right because the proceeds of
the new tax will go to ``compensate the public.''
Now, this $1 trillion-plus tax increase will mean businesses will
have less money to hire new employees or pay salaries of existing
employees. How are we going to compensate the hundreds of thousands or
perhaps millions of workers who are employed by these industries when
they lose their jobs because their companies can no longer compete
because of this new tax? Will that be part of ``compensating the
public''?
The next highest category of tax increases is almost as bad. The
budget outline indicates it would raise $637 billion over 10 years by
allowing some of the job-creating tax cuts from 2001 and 2003 to expire
at the end of 2010. Now, these massive tax increases are touted as
hitting only the so-called wealthy in our society; those who, in
another part of the budget--page 14--are referred to as the few ``well
off and well connected'' on whom the Government ``recklessly'' showered
tax cuts and handouts over the past 8 years.
What this gross mischaracterization does not say is, many of these
same individuals are the ones who have the ability to save or create
the very jobs we need to turn our economy around.
What the Obama administration and many Democrats in Congress refuse
to recognize is the fact that a majority of the income earned by small-
and medium-sized businesses in America is taxed through the individual
tax system. In other words, many of these small businesses pay their
taxes as individuals, and they will thus be subject to these huge tax
increases.
According to the National Federation of Independent Businesses, over
half the Nation's private sector workers are employed by small
businesses. Moreover, 50 percent of the owners of these businesses fall
into the top two tax brackets which are the ones being targeted for big
tax increases by the Obama budget. Let me repeat that. Fifty percent of
the owners of these small businesses fall into the top two tax
brackets, which are the ones being targeted for the big tax increases
by the Obama budget.
The Small Business Administration tells us that 70 percent of all new
jobs each year are created by small businesses. Why in the world would
we want to harm the ability of America's job creation engines--small
businesses--to help us create or save the jobs we so badly need right
now? Why would we want to harm their ability? This is sheer folly.
President Obama claims he is providing tax relief to 95 percent of
Americans. If you look closely, you will see that the budget raises the
cost of living for lower wage earners. How? The budget raises $31
billion in taxes from domestic oil and gas companies. At a time when we
are trying to decrease our dependence on foreign oil, we are forcing
oil companies to raise the price of gas at the pump. This increase in
gas prices at the pump will have a greater impact on lower income wage
earners than on anyone else.
I think this cartoon illustrated by David Fitzsimmons of the Arizona
Daily Star, with a few of my edits, says it best: We will create 4
million jobs out of one side, and we will raise taxes on those who
create those jobs on the other. That is a little harsh, but it kind of
makes its point. I don't like to see our President depicted this way,
but I have to admit it is a pretty good cartoon.
The budget outline also opens the door to universal health care by
creating a 10-year, $634 billion ``reserve fund'' to partially pay for
the vast expansion of the U.S. health care system, an overhaul that
could cost as much as $1 trillion over 10 years. This expansion is
financed, in part, by reducing payments to insurers, hospitals, and
physicians. Already I am being deluged by hospitals and physicians. How
are they going to survive if they get hammered this way? Now, most
people don't have much sympathy for hospitals and physicians, but it
does take money to run those outfits, and to take as much as $1
trillion over 10 years by reducing payments in part to insurers and
hospitals is pretty serious. Highlights of these reductions include
competitive bidding for Medicare Advantage, realigning home health
payment rates, and by lowering hospital reimbursement rates for certain
admissions.
Almost one-third of the health reserve fund would be financed by
forcing private health plans participating in the Medicare Advantage
Program to go through a competitive bidding process to determine annual
payment rates. I wish to remind my colleagues that in the past,
Medicare managed care plans left rural States due to low payments. Utah
was one of the States that was severely impacted. I know my State was
hurt by it.
Many other States were hurt as well, especially rural States. To
correct this situation, Members of Congress on both sides of the aisle
worked with both the
[[Page 6908]]
Clinton and Bush administrations to address this issue in a bipartisan
manner by creating statutory language to create payment floors for
Medicare Advantage Plans. As a result, Medicare beneficiaries across
the country have access to Medicare Advantage Plans, and 90 percent of
them seem to be happy with those plans.
By implementing a competitive bidding process for Medicare Advantage,
choice for beneficiaries in the Medicare Advantage program will be
limited.
It is unclear whether Medicare Advantage programs will continue in
rural parts of our country--areas such as Utah, where Medicare payments
are notoriously low. You can go on and on with the many small States
that are represented by Senators on the Finance Committee--including
me.
I served as a key negotiator on the House-Senate conference that
created the Medicare Advantage program. I cannot support any initiative
that I believe will limit beneficiaries' choices in coverage under this
program.
Another outrage and irresponsible attack on U.S. jobs is contained in
the proposal the budget calls ``implement international enforcement,
reform deferral, and other tax reform policies.'' This line item is
estimated to raise $210 billion over 10 years. This vague description
can really mean only one thing: The Obama administration plans to tax
the foreign subsidiaries of all U.S.-owned businesses on their earnings
whether they send the money back to the United States or keep it
invested in a foreign country. This is similar to requiring individual
taxpayers to pay taxes each year if the value of their home or
investments goes up even if they do not sell them.
The real danger of this proposal, however, is its impact on U.S.
companies and their ability to compete in the global marketplace.
Almost all of our major trading partners tax their home-based
businesses only on what they earn at home. The rest of the world taxes
it that way. They don't tax their businesses for moneys earned overseas
that don't come back. Those moneys are taxed there. The U.S. system is
practically the only worldwide system in the industrialized world.
What this means is that an American company that is competing for
business in some other nation--let's say India--may have competitors
from France, the UK, and Germany. Because these other nations don't tax
their companies on profits earned in countries other than the home
country, they would enjoy a significant competitive advantage over any
U.S. company, which, under the Obama proposal, would have to pay U.S.
taxes on any profits earned. The result would simply be that
multinational businesses would shun the United States and relocate
elsewhere, as many have already done. A lot of Fortune 500 companies
have left our country, in part because of tax ideas such as this. They
don't want to go. U.S. firms will become ripe for international
takeovers, and we would lose our global leadership, prestige, market
share, jobs, and the bright future our country has enjoyed for decades.
In 1960, 18 of the world's largest companies were headquartered in
the United States. Today, just eight are based in the United States. We
have the largest corporate tax rates of any major country in the world.
Can you imagine, if we reduced those rates, as I and other Republicans
have suggested, from 35 to 25 percent, the jobs that would be
automatically created? I cannot begin to tell you.
In 1960, we had 18 of the world's largest companies right here in the
United States. Today, we only have eight based in the United States,
partly because of these stupid, idiotic tax changes. If we pass this
proposal, within a short time, there will be none. I predict that. The
United States will be the last place on Earth businesses will want to
locate.
I will show you this poster: Effect of Taxing U.S.-owned
Subsidiaries. The United States has the second highest corporate tax
rate. Again, in 1960, 18 of the world's largest companies were
headquartered here. Today, only eight of the world's largest companies
are headquartered in the United States. This is part of the reason.
The President believes our Tax Code includes incentives for U.S.
businesses to ship jobs overseas, and this proposal is an attempt to
end this practice. However, the evidence shows that our tax laws do not
lead to U.S. job loss but to increases in U.S. employment when
companies invest overseas.
We have all heard the accusations, time after time, right here on the
Senate floor. It goes something like this: U.S. companies close their
plants here, laying off all of their workers, just to move their
production to a lower wage paying country, where those same goods are
made with cheap labor and then shipped right back into the United
States. Well, these accusations are largely unfounded. In 2006, just 9
percent of sales of U.S.-controlled corporations were made back to the
United States. Our companies are not sending production jobs for U.S.
products overseas. Instead, they are making products overseas for the
overseas market, and they are doing it for solid business reasons, such
as transportation savings, not for tax reasons.
Moreover, the evidence shows that the U.S. plants of companies
without foreign operations pay lower wages than domestic plants of
U.S.-owned multinational companies. This means companies that have
overseas operations pay more to their U.S. workers than those that do
not invest in other nations.
Studies by respected economists show that increasing foreign
investment is associated with greater U.S. investment and higher U.S.
wages. Overseas investment by U.S. companies is generally a good thing
for the U.S. economy and for U.S. jobs. Attacking the deferral rule, as
the Obama budget proposes, would do horrendous damage to our ability to
compete in an increasingly global economy and will lead to our loss of
world industrial leadership.
Just this week, I talked to one of the leading pharmaceutical CEOs in
America. This leader and his family all came to America. They love this
country. They don't want to leave. He made it very clear that if this
type of tax law goes through, he is going to move to a more fair
country. He will have to in order to compete. He probably will move his
operations to Switzerland, where they are not treated like this. He
doesn't want to do that--leave this beloved country--but to compete he
would have to. All those jobs would go from here to there. I don't know
who is thinking about this in the Obama administration, but they better
start thinking about it.
I could go on about why this is the worst budget proposal I have seen
in all of my nearly 33 years in this body. However, I will simply focus
on one more reason.
President Obama has said this budget would allow us to reduce the
Federal deficit by half over the next 4 years. While this is a noble
goal, unfortunately, it is not one he can claim. Using the only common
baseline there is, which assumes no change to current law, the deficit
would decline--if we had no changes in current law--from $1.428
trillion in 2009 to $156 billion in 2013. That is including the
expiring tax cuts. To put it in other words, if we do nothing,
according to CBO, the deficit would decline by 90 percent over the next
4 years. Let me say that again. If we do nothing, the Federal deficit
would decline by 90 percent, according to the estimates. President
Obama proposes to reduce that decline to 50 percent by adding more
Government spending.
I wish President Obama would follow his own lofty rhetoric. He says
he wants to save and create jobs. We all do. But the way to do it is
not through the job-killing policies found in this budget. He said it
is time for honest and forthright budgeting. But this document is just
a means for him to put forth his ultraliberal philosophy while claiming
to be fiscally responsible. As you can see from this cartoon, the
President talks the talk, but this budget doesn't walk the walk. Again,
I know he probably laughs at these things, as I do when they do it to
me. I don't want to treat the President like that, but it does make the
point. He talks bipartisanship, he talks fiscal responsibility, but
everything they are
[[Page 6909]]
doing can be called irresponsible by good people who understand
economics.
Look, I happen to like this President. I happen to want him to
succeed. I care for the man. He is bright, articulate, and charismatic.
I think that is apparent by the way the general public treats him. They
want him to succeed. I do too. He doesn't write this budget himself. I
don't blame him for this, except it is under his auspices that it is
being touted. He has bright people around him. It is tough to find
people brighter than Larry Summers; I think a lot of him. Joe Biden is
very bright, and he knows a little bit about this. Joe admits that he
is a self-confessed liberal. They are allowing this to go forward at a
time when they are going to hurt this country rather than help it. I
think we have to point some of these things out, and hopefully the
President will see some of these things and say: Holy cow, I didn't
realize this was in the budget. It is pretty hard because most people
don't know what is in the budget. I doubt he has had a chance to read
it. I want him to succeed, but he is not going to succeed with this
kind of a budget.
This country is resilient, and maybe the country will pull out of
this no matter what he does. I think we are in very trying times. This
is the greatest country in the world. I don't want to see it diminished
in any way. I am prepared to do things--people know that around here--
to bring people together on both sides and help this President be
successful. He has made overtures to me, and I very much respect him
and I appreciate that. I want to help him.
I have to tell you that one of the reasons I am giving these remarks
today is because I am very concerned about this type of a budget. We
have put up with this kind of stuff in both Democratic and Republican
administrations. It is time to quit doing it and start facing realities
in this country. I see as much as a $5 trillion deficit in the near
future. It is hard to even conceive of that. Yet that is where we are
headed.
I want Mr. Geithner to succeed. Everybody knows I stood firmly for
him in spite of all of the problems. He is a very bright guy, and I
hope he succeeds. I will do what I can to help him, as a member on the
Finance Committee and other committees as well.
They are not going to succeed with this type of budget. If they do,
it will only be temporary. Our kids are going to pay these costs. They
are going to pay for this mess. Elaine and I have 23 grandchildren I am
concerned about, and 3 great-grandchildren. I don't want to stick them
like this. I hope the President will get into it a little bit more, and
I hope Larry Summers will get into it a little bit more. I think they
have been taking advantage of a crisis to pass a huge welfare agenda
that is going to hurt this country.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. INHOFE. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. Madam President, I have been watching the nominations
from President Obama with quite a bit of concern. When I go back to my
State of Oklahoma, people say: What would happen to us if we didn't pay
our taxes? And I thought it couldn't get much worse than that.
I am here today to make sure everyone focuses attention on a couple
of nominations that I think are outrageous.
First is my opposition to the nomination of David Ogden to be the
U.S. Deputy Attorney General. Last year, Congress passed a significant
piece of legislation, the Protect Our Children Act, to address a
growing problem of child pornography and exploitation. Both sides of
the aisle hailed it as a great success. Democrats and Republicans
thought that was great; we are going to protect our kids against child
pornography and exploitation. While I proudly supported that
legislation, I am shocked President Obama has nominated a candidate to
serve in the No. 2 position in the Department of Justice who has
repeatedly represented the pornography industry and its interests.
As we are witnessing a significant increase in the exploitation of
children on the Internet, we do not need a Deputy Attorney General who
will be dedicated to protecting children with that kind of a
background. David Ogden has represented the pornography industry for a
long period of time.
In United States v. American Library Association, Ogden challenged
the Children's Internet Protection Act of 2000. I remember that well.
We passed it here. He filed a brief with the Supreme Court opposing
Internet filters that block pornography at public libraries. He
challenged provisions of the Child Protection and Obscenity Enforcement
Act of 1988 which seeks to prevent the exploitation of our Nation's
most vulnerable population; that is, our children. He instead fought
for the interests of the pornography industry.
As a grandfather of 12 grandchildren, I am confident that I stand
with virtually all of the parents and grandparents around this country
in opposing gross misinterpretations of our Constitution some use to
justify the exploitation of women and children in the name of free
speech. That is what was happening. That is David Ogden.
Some claim Ogden is simply serving his clients. Yet his extensive
record in representing the pornography industry is pretty shocking,
especially considering he has been nominated to serve in the Government
agency that is responsible for prosecuting violations of Federal adult
and children pornography laws.
Let's keep in mind, he is in the position of prosecuting the
offenders of these laws, and yet he has spent his career representing
the pornography industry.
Additionally, his failure to affirm the right to life gives me a
great concern. I don't think that is uncharacteristic of most of the
nominees of this President. No one is pro-life that I know of, that I
have seen.
In the Hartigan case, Ogden coauthored a brief arguing that parental
notification was an unconstitutional burden for a 14-year-old girl
seeking to have an abortion. In the case of abortion, parents have the
right to know.
Furthermore, as a private attorney, Ogden filed a brief in the case
of Planned Parenthood v. Casey in opposition to informing women of the
emotional and psychological risks of abortion. In the brief, he denied
the potential mental health problems of abortion on women. This is what
he wrote. The occupier of the chair is a woman. I think it is
interesting when men are making their interpretation as to what
feelings women have.
He wrote this. Again, this is the same person we are talking about,
David Ogden. He said:
Abortion rarely causes or exacerbates psychological or
emotional problems . . . she is more likely to experience
feelings of relief and happiness, and when child-birth and
child-rearing or adoption may pose concomitant . . . risks or
adverse psychological effects . . .
What he is saying is it is a relief. This is something he finds not
offensive at all. He is actually promoting abortions.
We have to be honest. We need to talk about the mounting evidence of
harmful physical and emotional effects that abortion has on women.
For these reasons, I oppose his nomination.
I also want to address my opposition to the nomination of Elena Kagan
to serve as Solicitor General. Because of its great importance, quite
often they talk about the Solicitor General as the tenth Supreme Court
Justice and, therefore, it requires a most exemplary candidate. She
served as the dean of Harvard Law School, which is no doubt an
impressive credential. However, in that role, she demonstrated poor
judgment on a very important issue to me.
While serving as the dean of Harvard Law School, Kagan banned the
military from recruiting on campus. We have to stop and remember what
happened in this case. In order to protect the rights of people to
recruit--we are talking about the military now--on campuses to present
their case--nothing mandatory, just having an option
[[Page 6910]]
for the young students--Jerry Solomon--at that time I was serving in
the House of Representatives with him--had an amendment that ensured
that schools could not deny military recruiters access to college
campuses. Claiming the Solomon amendment was immoral, she filed an
amicus brief with the Supreme Court in Rumsfeld v. FAIR opposing the
amendment. The Court unanimously ruled against her position and
affirmed that the Solomon amendment was constitutional.
It is interesting, for a split division it might be different. This
is unanimous on a diverse Court.
I also express my opposition to two other Department of Justice
nominees--Dawn Johnsen and Thomas Pirelli. Dawn Johnson, who has been
nominated to serve as Assistant Attorney General in the Office of Legal
Counsel, has an extensive record of promoting a radical pro-abortion
agenda. She has gone to great lengths to challenge pro-life provisions,
including parental consent and notification laws. She has even inserted
on behalf of the ACLU that ``Our position is that there is no `father'
and no `child'--just a fetus.''
As a pro-life Senator who believes each child is the creation of a
loving God, I believe life is sacred. I cannot in good conscience
confirm anyone who has served as the legal director for the National
Abortion and Reproductive Rights Action League. The right to life is
undeniable, indisputable, and unequivocal. It is a foundational right,
a moral fiber fundamental to the strength and vitality of this great
Nation.
For a similar reason I can't support the nomination of Thomas
Perrelli to serve as Associate Attorney General. Keep in mind now, we
are talking about the four top positions in the Justice Department. And
like other nominees I have discussed today, Mr. Perrelli has failed to
affirm and protect the dignity of all human life, as an advocate for
euthanasia, and I think we know the background of that.
I would only repeat that these are not people with just an opinion,
they are extremists. We are talking about someone in the No. 2 position
of the Department of Justice who actually has been involved in
representing the pornography industry, and this is something that is
totally unacceptable.
I think as we look at these nominations, I suggest that those
individuals who are supporting these look very carefully, because
people are going to ask you the question: How do you justify putting
someone who supports pornography, who has worked for it and been paid
by that industry, in the No. 2 position in the Justice Department?
With that, Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Madam President, I ask unanimous consent to speak for
up to 7 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. KLOBUCHAR. Madam President, I am here to speak in favor of David
Ogden to be the next Deputy Attorney General of the United States.
I have listened to my colleague and friend from Oklahoma, and I am
not going to be able to respond to everything he said about every
nominee, but I did want to talk today about Mr. Ogden. He is someone
who I believe should be our next Deputy Attorney General, at a
Department of Justice that is much in need of a Deputy Attorney
General, and he is someone who will hit the ground running. He will
beef up civil rights and antitrust enforcement. He will address white-
collar crime and drug-related violence, as well as help to keep our
country safe from terrorist attacks.
We know the to-do list and the demands on the next Deputy Attorney
General will be great. Part of why it will be so great is something
that I saw in my own State. We had a gem of a U.S. Attorney General
Office in Minnesota, and we still do, but there was a period of time
where I saw its destruction and rot by putting one political appointee
in charge of that office. It was a huge mistake. The office was in an
uproar. They got away from their regular mission. Luckily, Attorney
General Mukasey put in a career prosecutor, Frank McGill, who has put
the office back on track, and I thank him for that. We have suggested--
recommended--a new name to the Attorney General and the President for
the next U.S. Attorney in Minnesota. But I tell you that story for a
reason, and that is justice is important and order is important and
management is important in our criminal justice system. We went so far
away from that when Alberto Gonzalez was the Attorney General. That is
why it is so important to have David Ogden in there to work with Eric
Holder.
David Ogden has demonstrated intelligence and judgment, leadership
and strength of character and, most importantly, a commitment to the
Department of Justice. He has the experience and the integrity, I say
to my colleagues, to serve as the next Deputy Attorney General. One of
the most important roles of a Deputy Attorney General is to make sure
that the day-to-day operations of the Department run smoothly and to
provide effective and competent management guided by justice. I know
David Ogden can do that. His experience both as Chief of Staff and
counselor to former Attorney General Reno, as well as his experience as
Assistant Attorney General for the Department's civil division under
President Clinton proves that David Ogden has experience and the
integrity to do the job.
I have heard all these allegations made, including by my colleague. I
want to tell you some of the people who are supporting David Ogden. His
nomination is supported by a number of law enforcement and community
groups, including among others, the Fraternal Order of Police--not
exactly a radical organization. He is supported by the National
District Attorneys Association, the Partnership for a Drug Free
America, and the National Sheriffs' Association.
The National Center for Missing and Exploited Children is a strong
supporter. In fact, they sent a letter saying they gave David Ogden
their enthusiastic support. In particular, they wrote:
. . . during Mr. Ogden's tenure as Chief of Staff and Counsel
to the Attorney General, we worked closely with the Attorney
General in attacking the growing phenomenon of child sexual
exploitation and child pornography. As counselor to the
Attorney General, Mr. Ogden was intricately involved in
helping to shape the way our group responded to child
victimization challenges and delivered its services.
It is seconded by the Boys and Girls Clubs of America, which also
supports David Ogden's nomination. In addition to these law enforcement
and child protective groups, David Ogden has received broad bipartisan
support from a number of former Department officials, including Larry
Thompson, a former Deputy Attorney General under President George W.
Bush, and George Terwilliger, who served in the same role under
President George H. W. Bush.
There are so many things on the Justice Department's plate, and we
need someone to be up and running. But I want to respond specifically
to some of the things we have heard today. There was a statement by one
of Senators that Mr. Ogden opposed a child pornography statute that we
passed in 1998. That is simply not correct, and I hope my colleagues
know that. In fact, as head of the Civil Division of the Department of
Justice, he led the vigorous defense of the Child Online Protection Act
of 1998 and the Child Pornography Prevention Act of 1996.
There were also mischaracterizations, for political reasons, of Mr.
Ogden's record. We have already talked about how he is supported by the
major police organizations in this country. Well, in addition to that,
he has a general business practice, and before that he served in
government. His work at the WilmerHale law firm over the past 8 years,
for example, hasn't centered on first amendment litigation. He has
represented corporate clients, from Amtrak to the Fireman's Fund.
They also said that somehow Mr. Ogden took some position taken by Mr.
Ogden's clients, who were America's librarians and booksellers. Rather,
the Senate rejected the Clinton administration's interpretation, and
Mr. Ogden
[[Page 6911]]
made clear to the Judiciary Committee that he disagreed with that
interpretation. In his testimony, he made clear that he is comfortable
with the ruling of the Court and agreed with the Senate resolution.
You can go on and on about some of these misstatements about Mr.
Ogden's record, but let us look at what is going on here. As I
mentioned before, the child protection community supports Mr. Ogden
based on his strong record of protecting children. Now, I tend to
believe the people who deal every day with helping families with
missing children more than I believe some statement that is made in a
political context. I will be honest with you, I tend to believe the
Fraternal Order of Police when they give an endorsement more than I
believe some statement made in a political context.
Let me tell you this. Why is this so important? Why can we not go
back and forth and back and forth and have all these political partisan
attacks? Well, we need a Deputy Attorney General now. We need a Deputy
Attorney General right now. The Department of Justice has more than
100,000 employees and a budget exceeding $25 billion. Every single
Federal law enforcement officer reports to the Deputy Attorney General,
including the FBI, the DEA, the ATF, the Bureau of Prisons, and all 93
U.S. Attorney's Offices. The Attorney General needs the other members
of his Justice Department leadership team in place.
Look what we are dealing with: the Madoff case and billions of
dollars stolen. We are dealing with childcare cases. We are dealing
with administering this $800 billion in money and making sure people
aren't ripped off. We are dealing with murders and street crimes across
this country. Yet people are trying to stop the Justice Department from
operating? That can't happen.
I want to end by saying I was a prosecutor for 8 years, and always my
guiding principle was that you put the law above politics. That is what
I am asking my colleagues to do here. We need to get David Ogden in as
a Deputy Attorney General. Now is the time.
Madam President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. DURBIN. Madam President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Madam President, pending before the Senate is the
nomination of David Ogden to be the Deputy Attorney General. I rise to
speak in support of that nomination.
The Justice Department and our Nation are fortunate that President
Obama has put forward this nomination. Mr. Ogden has the experience,
the talent, and the judgment needed for this critical position.
The Deputy Attorney General is the No. 2 person at the Justice
Department. He is the day-to-day manager of the entire agency. This
includes supervising key national security and law enforcement offices
such as the FBI and our counterterrorism operations. Mr. Ogden is a
graduate of Harvard Law School, former law clerk to a Supreme Court
Justice, which is one of the most prestigious jobs in the legal
profession. He had three senior positions in the Janet Reno Justice
Department and served as her Chief of Staff, Associate Deputy Attorney
General, and also served as Assistant Attorney General in the Civil
Division, a position for which he received unanimous confirmation by
this Senate. Mr. Ogden also served as the Deputy General Counsel at the
Defense Department.
Given this excellent background, it is not surprising that David
Ogden gained the support of many prominent conservatives. At least 15
former officials of the Reagan and both Bush administrations have
announced their support for his nomination. They include Larry
Thompson, the first Deputy Attorney General of the most recent Bush
administration; Peter Keisler, former high-level Justice Department
official; and Rachel Brand, another high-level Justice Department
official in the Bush administration. Their words are similar. I will
not read into the Record each of their statements, but they give the
highest possible endorsement to David Ogden.
Due to a scheduling conflict, I could not attend his hearing, but I
asked him to come by my office so we could have time together and I
could ask my questions face to face. We talked about a lot of subjects,
including criminal justice reform, human rights, and the professional
responsibilities of the Department of Justice lawyers. I was impressed
by Mr. Ogden's intellect, his management experience, and his commitment
to restoring the Justice Department's independence and integrity.
We talked about the Senate Judiciary Committee's Subcommittee on
Crime and Drugs, a subcommittee I will chair in the 111th Congress, and
the issues we are going to face--including the Mexican drug cartels,
which will be the subject of a hearing in just a few days, racial
disparities in the criminal justice system in America, and the urgent
need for prison reform. That is an issue, I might add, that is near and
dear to the heart of our colleague, Senator Jim Webb of Virginia. I am
going to try to help him move forward in an ambitious effort to create
a Presidential commission to look into this.
The Justice Department will play an important role in reclaiming
America's mantle as the world's leading champion for human rights. Mr.
Ogden and I discussed the Justice Department's role in implementing
President Obama's Executive orders in relation to the closure of the
Guantanamo Bay detention facilities and review of detention and
interrogation policies. We discussed the investigation by the Justice
Department's Office of Professional Responsibility, as to the attorneys
in that Department who authorized the use of abusive interrogation
techniques such as waterboarding. Senator Sheldon Whitehouse of Rhode
Island and I requested this investigation. Mr. Ogden committed to us
that he would provide Congress with the results of the investigation as
soon as possible. This is the kind of transparency and responsiveness
to congressional oversight we expect from the Justice Department and
something that we have been waiting for.
We also discussed the Justice Department's role in ensuring that war
criminals do not find safe haven in the United States. I worked with
Senator Coburn who is a Republican from Oklahoma, on the other side of
the aisle. We passed legislation allowing the Justice Department to
prosecute the perpetrators of genocide and other war crimes in the U.S.
courts. I believe Mr. Ogden appreciates the importance of enforcing
these human rights laws.
At the end of our meeting, I felt confident David Ogden will be an
excellent Deputy Attorney General.
I want to make one final point. There is some controversy associated
with his appointment that I would like to address directly. I am aware
there has been some criticism that David Ogden represented clients whom
some consider controversial. He has been criticized in his
representation of libraries and bookstores who sought first amendment
free speech protections, and for his representation of a client in an
abortion rights case.
I would like to call to the attention of those critics a statement
that was made by John Roberts, now Chief Justice of the U.S. Supreme
Court, when he appeared before the Senate Judiciary Committee several
years ago at his confirmation hearing.
He was asked about the positions he had advocated on behalf of his
clients as an attorney. Here is what the Chief Justice told us:
It's a tradition of the American Bar Association that goes
back before the founding of the country that lawyers are not
identified with the positions of their clients. The most
famous example probably was John Adams, who represented the
British soldiers charged in the Boston Massacre. He did that
for a reason, because he wanted to show that the Revolution
in which he was involved was not about overturning the rule
of law, it was about vindicating the rule of law.
And he went on to say:
That principle, that you don't identify the lawyer with the
particular views of the client, or the views that the lawyer
advances
[[Page 6912]]
on behalf of a client, is critical to the fair administration
of justice.
You practiced law, Madam President. I have too. Many times you find
yourself in a position representing a client where you do not
necessarily agree with their position before the court of law. But you
are dutybound to bring that position before the court so the rule of
law can be applied and a fair outcome would result. If we only allowed
popular causes and popular people representation in this country, I am
afraid justice would not be served.
Chief Justice Roberts made that point when he was being asked about
his representation of legal clients. I would say to many on the other
side of the aisle who are questioning David Ogden's reputation, they
owe the same fairness to him that was given to Chief Justice Roberts in
that hearing.
I would remind the conservative critics of Mr. Ogden, look carefully
at that testimony. What is good for the goose is good for the gander.
After 8 years of a Justice Department that often put politics over
principle, we now have a chance to confirm a nominee with strong
bipartisan support who can help restore the Justice Department to its
rightful role as guardian of our laws and the protector of our
liberties.
David Ogden has the independence, integrity, and experience for the
job. I urge my colleagues to join me in voting for his nomination to be
Deputy Attorney General.
Clean Coal Research Project
Mr. DURBIN. Madam President, it was about 7 years ago when the Bush
administration announced what they said was the most significant coal
research project in the history of the United States. The name of the
project was FutureGen. The object was to do research at a facility to
determine whether you could burn coal, generate electricity, and not
pollute the environment. It is an ambitious undertaking.
The way they wanted to achieve it was to be able to capture the
CO2 and other emissions, virtually all of them coming out of
a powerplant burning coal, and to sequester them; that is, to stick
them underground, find places underground where they can be absorbed by
certain geological foundations, safely held there. Of course, it was an
ambitious undertaking. It had never been done on a grand scale anywhere
in the country.
Well, the competition got underway and many States stepped forward to
compete for this key research project on the future of coal. There were
some five to seven different States involved in the competition. My
State of Illinois was one of them. The competition went on for 5 years.
Each step of the way, the panel of judges, the scientists and
engineers would judge the site. Is this the right place to build it? Is
it going to use the right coal? Can they actually pump it underground
and trap it so that it will not ever be a hazard or danger at any time
in the future? Important and serious questions.
My State of Illinois spent millions of dollars to prove we had a good
site. When it finally came down to a decision, there were two States
left: Texas and Illinois. Well, I took a look around at our President
and where he was from, and I thought, we do not have a chance. Yet the
experts made the decision and came down in favor of Illinois. They
picked the town of Mattoon, IL, which is in the central eastern part of
our State, in Coles County, and said that is the best place to put this
new coal research facility.
We were elated. After 5 years of work, we won. After all of the
competition, all of the different States, all of the experts, all the
visits, everything that we put into it, we won the competition.
Within 2 weeks, the Secretary of the U.S. Department of Energy, Mr.
Bodman, came to my office on the third floor of the Capitol and said: I
have news for you.
I said: What is that?
He said: We are canceling the project.
I said: You are cancelling it? We have been working on this for 5
years.
He said: Sorry, it cost too much money. The original estimate was
that this was going to cost $1 billion. When the President first
announced it, we knew inflation would add to the construction costs
over some period of time. But here was Mr. Bodman saying it cost almost
twice as much as we thought it would cost; therefore, we are killing
the project.
Well, I was not happy about it. In fact, I thought it was totally
unfair, having strung us along for 5 years, made my State and many
others spend millions of dollars in this competition, go through the
final competition and win, and then be told, within 2 weeks: It is
over; we are not going to go forward with it.
So I said to Mr. Bodman: Well, you are going to be here about a year
more, and I am going to try to be here longer. At the end of that year,
when you are gone, I am going to the next President, whoever that may
be, and ask them to make this FutureGen research facility a reality.
I told the people back home: Do not give up. Hold on to the land we
have set aside. Continue to do the research work you can do. Bring
together the members of the alliance--which are private businesses,
utility companies, coal companies--not only from around the United
States but around the world interested in this research and tell them:
Don't give up.
So we hung on for a year, literally for a year, and a new President
was elected. It happened to be a President I know a little bit about,
who was my colleague in the Senate, Senator Obama. When we served
together, he knew all about this project and had supported it.
So now comes the new administration and a new chance. The Obama
administration has said to me and all of us interested in this project:
There is one man who will make the decision: it is the Secretary of
Energy, Dr. Chu. He is a noted scientist who will decide this on the
merits. He is going to decide whether this is worth the money to be
spent. So we made our appeal to him, we presented our case to him, and
left it in his hands. We are still worried about this whole issue of
cost.
Bart Gordon, a Congressman from the State of Tennessee and serves on
the House Science Committee, he sent the Government Accountability
Office to take a look at FutureGen to find out what happened to the
cost, why did it go up so dramatically.
Well, the report came out last night. Here is what the report found.
The report found the Department of Energy had miscalculated the cost of
the plant, overstating its cost by $500 million because they made a
mathematical error--$500 million.
Taking that off the ultimate cost brings it down into the ordinary
construction inflation cost. And so many of us who argued their
estimate of cost was exaggerated now understand why. They made a basic
and fundamental error calculating the cost of this project.
Here is what we face. Now, 53 percent of all the electricity in
America is generated by coal. Burning coal can create pollution.
Pollution can add to global warming and climate change, and we have to
be serious about dealing with it.
This plant is going to give us a chance to do that. When the GAO took
a look at the Department of Energy documentation, they also discovered
a memo which said: If we kill the FutureGen coal research plant, we
will set coal research back 10 years with all of the time they put into
it. All of the effort they put into it would have been wasted and could
not be replicated.
So that is what is at stake. The ultimate decision will be made by
Dr. Chu at the Department of Energy. I trust that he will find a way to
help us move forward, but I want him to do it for the right scientific
reasons.
If we are successful, we will not only be able to demonstrate this
technology for America but for the world. The reason why foreign
countries are joining us in this research effort is what we discover
will help them. China is building a new coal-fired plant almost every
week and is going to be adding more pollution to the environment than
we can ever hope to take care of in the United States alone.
But if we can find a way, a technology, a scientific way, using the
best
[[Page 6913]]
engineering and capture that pollution before it goes into the air, it
is a positive result not just for the United States but for the world.
From a parochial point of view, we happen to be sitting on a
fantastic energy reserve right here in America. There are coal reserves
all across the Midwestern United States, and almost 75 percent of my
State of Illinois has coal underneath the soil. It is there to be had
and used. But we want to use it responsibly.
We want to make sure at the end of the day that we can use coal and
say to our kids and grandkids: We provided the electricity you needed
but not at the expense of the environment you need to survive.
So this finding by the GAO has given us a new chance. We are looking
forward to working with the Department of Energy. For those back in
Illinois who did not give up hope, we are still very much alive, and
this latest disclosure gives us a chance to bring the cost within
affordable ranges. I hope the Department of Energy will decide to move
forward on this critical research project.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk called proceeded to call the roll.
Mr. WEBB. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Webb pertaining to the introduction of S. 572 are
printed in today's Record under ``Statements on Introduced Bills and
Joint Resolutions.'')
Earmarks
Mr. WEBB. Madam President, I rise to address the recent debate we
have had on the Omnibus appropriations bill with respect to earmarks.
The premise seems to be, for those who have criticized the earmarks
process, that this is pork. Sometimes it is; sometimes it is not. But I
would start first with the Constitution.
There is nothing in the Constitution that says the executive branch
of Government should appropriate funds or decide which funds should be
spent. That is a procedure that has evolved over the centuries because
of the complexities of Government, where the executive branch looks at
its needs and comes to the Congress and asks for appropriations.
Earmarks take place when individual Members of Congress, exercising
their authority to appropriate under the Constitution, decide and
recommend that worthwhile programs in an ideal case should be included
in a budget process, programs that have not been considered or included
by the executive branch or through other processes.
For instance, I was able, last year, along with Senator John Warner,
now retired, to bring $5 million into a rural area of Tidewater, VA, so
they could put broadband in. Broadband is something we know all
Americans who want to compete for their future and contribute equally
need to have. It didn't make it into anybody's bill. Who is thinking
about sparsely populated areas such as rural Virginia? Yet we were able
to bring a lot of benefit to those who otherwise would not have
received it.
What I would ask my colleagues, particularly those who have become so
adamant in their concern over the earmarks process, to consider is,
let's take a look at the budget that comes to the Congress. Is there
pork in the budgets that come over, pork that comes through, in some
cases, unnecessary influence or individual discretion? You bet there
is.
I say that as someone who spent 5 years in the Pentagon, 4 years of
which I was on the Defense Resources Board where on any given day we
were implementing a budget, arguing a budget in the Congress, and
developing the next year's budget. I offer an example of a situation
that my staff has been following for the last 10 months and use it as
an invitation to colleagues to join me in looking at where there can be
abuses of discretion and where there can be a lot of money that can be
saved.
Ten months ago, on May 21, there was an article in the Wall Street
Journal that talked about Blackwater Worldwide attempting to obtain
local approval for a new training center in San Diego, CA. We all
remember Blackwater. They are an independent contractor that has done
more than a billion dollars of business since the Bush administration,
the most recent Bush administration took office. I became curious about
this project, first, because I had seen reports of what a very high
percentage of the Blackwater contracts had been awarded were either
noncompete or minimal compete and the high volume number, more than a
billion of them. And also the fact that having at one time been
Secretary of the Navy, they were apparently wanting to build a training
center so they could train Active-Duty sailors how to defend themselves
onboard a ship.
Having spent time in the Marine Corps, I immediately started thinking
about what it would have been like to have a nonmilitary contractor
teaching me how to do patrolling when I was going through basic school
in Quantico all those years ago. It didn't fit.
I started asking around. The first thing I found out was, this was a
contract from the Navy that was worth about $64 million. I wrote a
letter to Secretary Gates. I said: Is this Blackwater program in any
way authorized or funded by U.S. tax dollars? The answer came back,
yes, obviously. I asked: Is there specific legislative authorization
for it? Because I couldn't find any, as a member of the Armed Services
Committee. The answer was no. According to Secretary Gates, this
activity falls under the broad authorization provided to the Secretary
of Defense and the Secretaries of the military departments to procure
goods and services using appropriated funds and prescribed procedures
for those procurements.
Then I asked him in this letter: Is there a specific appropriation,
either in an appropriations bill or through an earmark? The answer is:
No, there was no specific appropriation or earmark directing this
effort.
As we started to peel this back, here is what we found. An
individual, an SCS, midlevel individual in the Department of the Navy
had the authority to approve this type of a program up to the value of
$78 million, without even having a review by the Secretary of the Navy.
This was not an authorized program. It was not an appropriated program.
It was money that came out of a block of appropriated funds for
operation and maintenance that then somebody in the Navy said was
essential to the needs of the service, the needs of the fleet, which is
a generic term.
I ask my colleagues who are so concerned about some of the pork
projects or earmarks process here, which has gained a great deal of
visibility since I have been here over the past 2 years and
transparency, to join me in taking a look at these sorts of contracts.
When a midlevel person in the Pentagon has the authority to approve a
program that hasn't been authorized and hasn't been appropriated up to
the value of $78 million and not even have the oversight of the
Secretary of that service, that is where you see the potential for true
abuse of the process. That is where we need to start focusing our
energies as a Congress.
Mr. REID. Madam President, today we debate the nomination of David
Ogden to be the Deputy Attorney General of the United States.
Mr. Ogden is highly qualified for this important job. He is a
graduate of Harvard Law School and clerked on the Supreme Court for
Justice Harry Blackmun. During the Clinton Administration, he served as
the Assistant Attorney General for the Civil Division and as chief of
staff to the Attorney General.
He also previously served as Deputy General Counsel at the Department
of Defense, so he has a keen appreciation for the national security
issues that he will face at DOJ. He has an excellent reputation among
his fellow lawyers and is supported by a number of former Republican
Justice Department officials.
It is surprising to me that we need to spend more than a full day
debating
[[Page 6914]]
this obviously qualified nominee. Mr. Ogden was favorably reported by
the Judiciary Committee by a vote of 14-5, so it seems clear he will be
confirmed. But apparently some far-right advocates have made this
nomination more controversial than it should be.
As I understand it, those who oppose this nominee disagree with
positions he took on behalf of some of his clients, including media
organizations. In my view, that is a very unfair basis for opposing a
nominee. As a former practicing lawyer, I feel strongly that a lawyer
should not be held personally responsible for the views of his clients.
President Obama deserves to have his advisors, especially members of
his national security team, in place as quickly as possible. I urge
confirmation of this outstanding nominee.
Mr. LEAHY. Madam President, even after abandoning their the ill-
conceived filibuster of President Obama's nomination of David Ogden to
be Deputy Attorney General, we still hear Republican Senators making
scurrilous attacks against Mr. Ogden, launched by some on the extreme
right.
As I said on the Senate Floor earlier, David Ogden is a good lawyer
and a good man. He is a husband and a father. Yet, regrettably and
unbelievably, we still hear chants that he is a pedophile and a
pornographer. Those charges are false and they are wrong. Senators know
better than that.
Special interests on the far right have distorted Mr. Ogden's record
by focusing only on a narrow sliver of his diverse practice as a
litigator spanning over three decades. Dating back to the 1980s, Mr.
Ogden's practice has included, for example, major antitrust litigation,
counseling, representation and authorship of a book on the law of trade
and professional associations, international litigation and dispute
resolution, False Claims Act and Export Controls Act investigations,
and a significant practice in administrative law. In other words, he
has been a lawyer, representing clients. For the last 8 years, since
leaving Government service, Mr. Ogden has represented corporate clients
in a range of industries, including transportation clients like Amtrak
and Lufthansa, insurance and financial institutions like Citibank and
Fireman's Fund, petrochemical companies like Shell and BP and
pharmaceutical concerns like PhRMA and Merck.
Here are the facts that underlie the overheated rhetoric: As a young
lawyer in a small firm with a constitutional practice, along with other
lawyers in that respected DC law firm, Mr. Ogden represented a range of
media clients. He represented the American Library Association, the
American Booksellers Association, and Playboy Enterprises.
In the early 1990s, while at the respected firm of Jenner & Block,
Mr. Ogden represented a Los Angeles County firefighter. The firefighter
was being prohibited from possessing or reading Playboy magazine at the
firehouse, even when on down time between responding to fires. The
Federal Court reviewing the matter held that the first amendment
protected the firefighter's right to possess and read the magazine.
That representation does not make Mr. Ogden a pornographer, a pedophile
or justify any of the other epithets that have been thrown his way.
He also challenged a prosecution strategy that threatened
simultaneous indictments in multiple jurisdictions with the goal of
negotiating plea agreements that put companies out of business without
ever having to prove that the materials they were distributing were
obscene. That sounds like the kind of overreaching prosecution strategy
that Senator Specter and other Republican Senators would condemn, just
as they have the excesses of the ``Thompson memo'' pressuring
investigative targets to waive their attorney-client privilege.
Those who have argued that Mr. Ogden has consistently taken positions
against laws to protect children ignore Mr. Ogden's record and his
testimony. What these critics leave out of their caricature is the fact
that Mr. Ogden also aggressively defended the constitutionality of the
Child Online Protection Act and the Child Pornography Prevention Act of
1996 while previously serving at the Justice Department. This work has
led to support and praise from the National Center for Missing and
Exploited Children. He has the support of the Boys and Girls Clubs of
America. In private practice he wrote a brief for the American
Psychological Association in Maryland v. Craig in which he argued for
protection of child victims of sexual abuse. In his personal life, he
has volunteered time serving the Chesapeake Institute, a clinic for
sexually abused children.
Nominees from both Republican and Democratic administrations and
Senators from both sides of the aisle have cautioned against opposing
nominees based on their legal representations on behalf of clients.
When asked about this point in connection with his own nomination,
Chief Justice Roberts testified, ``it has not been my general view that
I sit in judgment on clients when they come'' and, ``it was my view
that lawyers don't stand in the shoes of their clients, and that good
lawyers can give advice and argue any side of a case.'' Part of the
double standard being applied is that the rule Republican Senators urge
for Republican nominees--that their clients not be held against them--
is turned on its head under a Democratic President.
As recently as just over 1 year ago, every Senate Republican voted to
confirm Michael Mukasey to be Attorney General of the United States.
That showed no concern that one of his clients, and one of his most
significant cases in private practice as identified in the bipartisan
committee questionnaire he filed, was his representation of Carlin
Communications, a company that specialized in what are sometimes called
``dial-a-porn'' services. It is more evidence of a double standard.
Senators should reject the partisan tactics and double standards from
the extreme right and support David Ogden's nomination. The last Deputy
Attorney nominee to be delayed by such a double standard was Eric
Holder, whose nomination to be Deputy Attorney General in 1997 was
delayed for three weeks by an anonymous Republican hold after being
reported favorably by the Judiciary Committee before being confirmed
unanimously. Like now Attorney General Holder, Mr. Ogden is an
immensely qualified nominee whose priorities will be the safety and
security of the American people and reinvigorating the traditional work
of the Justice Department in protecting the rights of Americans.
Mr. CARDIN. Mr. President, I ask unanimous consent that on Thursday,
March 12, the Senate resume consideration of the Ogden nomination at 12
noon and that it be considered under the parameters of the order of
March 10; that the vote on the confirmation of the nomination occur at
2 p.m.; further, that upon confirmation of the Ogden nomination, the
Senate remain in executive session and consider Calendar No. 23, the
nomination of Thomas John Perrelli to be Associate Attorney General;
that debate on the nomination be limited to 90 minutes equally divided
and controlled between the leaders or their designees; that upon the
use or yielding back of time, the Senate proceed to a vote on
confirmation of the nomination; that upon confirmation, the motion to
reconsider be laid upon the table, no further motions be in order; that
the President be immediately notified of the Senate's action; and that
the Senate then resume legislative session.
The PRESIDING OFFICER (Mr. Nelson of Florida). Without objection, it
is so ordered.
____________________
MORNING BUSINESS
Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate
proceed to a period for the transaction of morning business, with
Senators permitted to speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
OMNIBUS APPROPRIATIONS ACT
Mrs. BOXER. Mr. President, during consideration of the Omnibus
Appropriations Act, members of the minority party attempted to attach
amendments in an effort to delay passage of this important bill.
Because further delay in
[[Page 6915]]
passing this bill could have resulted in the shutdown of the Federal
Government, I voted against all amendments to the bill.
I believe that this omnibus bill is important for job growth and will
help revitalize our economy. That must be our concern at this critical
time.
I would like to clarify my position of some of these amendments:
Amendment 630 would have required the Secretary of State to report on
whether additional military aid to Egypt could be used to counter the
illegal smuggling of weapons into Gaza. The omnibus bill already
explicitly authorizes the use of military aid provided to Egypt for
border security programs so the amendment was completely unnecessary.
Amendment 631 would have prohibited funds for reconstruction efforts
in Gaza unless the administration certifies that the funds will not be
diverted to Hamas or entities controlled by Hamas. The Omnibus bill and
permanent law already prohibit any funds from being provided to Hamas
or entities controlled by Hamas so this amendment was also completely
unnecessary.
Amendment 634 would have prevented funds in this bill from going to
companies that assist Iran's energy sector. While I have long supported
tough action against Iran for its illicit nuclear program, sending this
provision back to the House of Representatives could have endangered
final passage of the bill.
Amendment 613 would have cut off all U.S. funding for the United
Nations if it imposes any tax on any United States person. The U.N. has
never imposed a tax, is not a taxing organization, and if the U.N. ever
decided it wanted to impose a tax the U.S. would veto it. This
amendment is unnecessary.
Amendment 604 would have extended the E-Verify worker identification
program for an additional five years. The omnibus bill already contains
a 6-month extension of this program.
Amendment 662 would prohibit the use of funds by the Federal
Communications Commission to promulgate the fairness doctrine. On
February 26, 2009, I voted in favor of an amendment offered by the
junior Senator from South Carolina to prevent the FCC from promulgating
the fairness doctrine. This amendment passed the Senate as part of S.
160, the Washington, DC voting rights bill. Also, there are no
provisions in the omnibus bill related to the fairness doctrine, making
this amendment unnecessary.
Amendment 604 repeals the provision of the Legislative Reorganization
Act which grants Members an automatic pay adjustment each year. The
amendment would take effect beginning December 11, 2010, and would
require the enactment of new legislation to grant Members a pay raise.
I believe the junior Senator from Louisiana was doing nothing more than
playing politics with his amendment, as he objected to passing a stand-
alone bill offered by the Senate majority leader that would have
accomplished the same goal as the Vitter amendment. I would have
supported passing the majority leader's bill.
Mr. DODD. Mr. President, earlier this week the Senate voted down
amendment No. 668 offered by my colleague Senator Enzi by a vote of 42
to 53. I strongly opposed this amendment and am pleased that my
colleagues defeated this harmful amendment.
The amendment, if passed, would have cut more than $983,000 in Ryan
White Part A funding to the city of Hartford, CT, and more than
$770,000 in funding to the city of New Haven, CT, in fiscal year 2009.
The Enzi amendment would have forced these cities to absorb a combined
cut of more than 35 percent to their Ryan White Part A grant in 1 year.
During floor debate on the Enzi amendment, the amendment was
represented as a proposal that would simply cut funding from San
Francisco. That is not the case and if the Enzi amendment had become
law, thousands of individuals living with HIV/AIDS in the State of
Connecticut would have been denied direct medical services for the
treatment of their disease.
Cuts in funding as envisioned under the Enzi amendment would have
deprived individuals living with HIV/AIDS in Connecticut access to
medications, clinics would have to turn away patients, and programs
would have to make drastic cuts to counseling, transportation, and
nutrition assistance.
In fact, 13 cities in Florida, California, New York, New Jersey,
Puerto Rico, and Connecticut would have seen huge funding cuts under
the Enzi amendment.
For the information of my colleagues, the State of Connecticut was
severely disadvantaged because of the way the last reauthorization was
handled. Despite receiving assurances and seeing numbers that told a
different picture, the 2006 reauthorization bill has led to more than
$3 million in annual losses to Connecticut. The funding provided in the
omnibus is essential to restoring these cuts.
It is my sincere hope that we can address the problems underlying the
cuts to Connecticut when we reauthorize this program which expires this
year. I find it regretful that the senate had to take up this funding
fight yesterday because reauthorizations of the Ryan White CARE Act
program have traditionally enjoyed bipartisan support.
I want to thank Senators Harkin and Inouye for including the largest
increase in Part A of Ryan White in 8 years in the fiscal year 2009
omnibus bill. With the defeat of the Enzi amendment, cities under Part
A will receive a total increase of more than $25 million.
I thank my colleagues for defeating this harmful amendment.
____________________
IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES
Mr. CRAPO. Mr. President, in mid-June, I asked Idahoans to share with
me how high energy prices are affecting their lives, and they responded
by the hundreds. The stories, numbering well over 1,200, are
heartbreaking and touching. While energy prices have dropped in recent
weeks, the concerns expressed remain very relevant. To respect the
efforts of those who took the opportunity to share their thoughts, I am
submitting every e-mail sent to me through an address set up
specifically for this purpose to the Congressional Record. This is not
an issue that will be easily resolved, but it is one that deserves
immediate and serious attention, and Idahoans deserve to be heard.
Their stories not only detail their struggles to meet everyday
expenses, but also have suggestions and recommendations as to what
Congress can do now to tackle this problem and find solutions that last
beyond today. I ask unanimous consent to have today's letters printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Thanks for asking our input. As Republican delegates to the
convention in Sandpoint, my wife and I were pleased to help
pass resolutions encouraging energy development.
I am really not sure what blend of ineptitude/conspiracy
(not you, sir) to blame for not drilling in Alaska and off
our coasts for the last 15 years, but I am glad to see that
clearing up.
I do encourage domestic and offshore drilling; China is
already drilling past the 16 mile limit off the coasts of
California and Florida. (I gave a letter from delegate Jack
Streeter to Bill Sali regarding this at the convention; he
may recall it).
Also, I would like to plug Idaho developing not only
nuclear power (I could go either way on that) but I really
think, as our forefathers had the wisdom to use government
resources to develop hydroelectric power, which we still
benefit from, so we should develop wind power, in a state so
blessed with wind, water and mountains!
Rather than our children inheriting simply an enormous U.S.
debt burden, I would like to see us drill on a national level
(Idaho might benefit from deep drilling, like the Russians
are doing, 30-40,000 foot deep wells, unlike anything we
have--that is how you get oil in high altitude regions like
Idaho) and produce cheap, renewable energy from wind in Idaho
to bless our selves, and children and generations beyond.
Please let me hear your thoughts; wind power for Idaho by
state funding or even a U.S. bill would be an earmark few in
the state would hold against you.
Bob, Mountain Home.
____
I heard on the radio that you want input from Idahoans on
the subject of gas prices
[[Page 6916]]
and ideas for solutions. That is why I am writing. In my
opinion, this is a manipulated situation, designed to pull
more money from the pockets of working Americans and put it
in the coffers of corporate America and a few of the mega
wealthy citizens. We have seen this happen before with the
Enron debacle and the spike of electricity prices a few years
ago. We have seen it with the .com stock market crash. We
have seen it with the housing market crisis. This is but
another symptom of the larger problem--corporate
irresponsibility and subsequent government bailout.
The larger problem is the corruption in Washington.
Corporate business cannot run government and have the
citizens of the country be the winner in anything. The only
solution to the problem of gas prices (and drug prices, and
food prices) is to kick corporate lobbies out of Washington,
step up to the plate and legislate for the people, not
corporate. If this does not happen, next year's problem will
be extreme food shortages in the U.S., as is happening in
much of the rest of the world. Corporate farming giants are
not producing as the old-fashioned family farmer did.
The other part of this problem is the [partisan blaming of]
each other for the problems. Continuing along this line
simply compounds the problems, and bipartisan solutions are
not found. Again, the citizens of our nation suffer. I am one
of a growing majority of Americans who are sick to death of
hearing the yammering and in-fighting coming from Washington.
At the rate our leaders in Washington are going, the
terrorists will not have anything left to terrorize.
Government and corporate corruption will have torn the
country apart for them. You all need to put your party
difference aside and come up with solutions with the other
party for the good of the country, or there is not going to
be a country anymore.
It is not just a fuel price crisis; it is a country in
crisis, from sea to shining sea.
Anna, Weiser.
____
I am writing in response to your recent request for input
about gas prices and how it has affected our lives in Idaho.
As you mentioned: ``The driving distances between places in
our state as well as limited public transportation options
mean that many of us do not have any choice but to keep
driving and paying those ever-increasing prices for fuel.'' I
could not agree more. The opportunity for good solid
employment in Idaho is not something that can be found too
often in the little towns spread across the state. This of
course means that if you want a good job you will have to
commute. Being a single mother, I have had no choice but to
find good steady employment. I have been commuting from west
of Blackfoot to Idaho Falls to work every day. Due to the
price of gas, I have recently been forced to sell my home and
try to relocate in Idaho Falls. I have had to uproot my 3-
year-old little boy from his daily routine and child care. I
have had to move away from family and friends who helped with
him therefore causing yet more costs to me in the form of
more expensive daycare. It is so sad that my son will now
have to be with strangers each day while I work to support
the two of us all because I could not afford to commute a
mere 45 miles to work. It is sad that I am forced to be
secluded from lifelong friends and family because now that I
am moving to Idaho Falls I cannot afford to drive to
Blackfoot to see them. Sick--it is just sickening.
Sheri, Blackfoot.
____
Sir, you asked for input on energy issues. Here is mine:
First, I fully support nuclear energy. When viewed in terms
of energy independence, being environmentally friendly (e.g.,
green house gas emission, waste), sustainability, cost and
efficiency, it stands out above every other option. Wind,
solar, ocean tides and the like may be reasonable
supplemental energy sources in certain cases but they are not
primary energy sources. The public needs to be educated on
this.
Second, the gas tax holiday concept is foolish. It is
robbing Peter-to-pay-Paul. We need that tax money for highway
maintenance and construction. Also, a gas tax holiday would
do nothing to increase supply but would increase demand (in
the short term due to a drop in pump prices), therefore
worsening the supply/demand situation.
Third, we need to aggressively pursue gasoline's ultimate
replacement (e.g., ethanol) like Brazil has. E85 fuel is a
prudent start. Also, we are at the door step to the hydrogen
economy; we need to be seriously working toward it.
Regarding a response to this inquiry, just an
acknowledgement that you received it is adequate. Thanks.
Chris, Falls.
____
The people of Idaho are affected by the energy crisis. This
is why we in Idaho and across our country need to learn to
conserve and to develop clean and safe energy alternatives
which do not pose a risk for our children's future. I oppose
the use of nuclear energy as it does pose a health risk
however small. Remember Chernobyl and Three Mile Island. In
addition, I oppose more domestic drilling. Harming our earth
more just to feed our excessive oil habit is a short term
knee-jerk reaction. I strongly hope that Idaho can be a role
model for other states, by really looking at the problem and
creating long term solutions such as conservation, more
public transportation, and investment in extensive wind and
solar power energy.
Sheila, Hailey.
____
You ask for people to tell you their story about what the
high cost of gas and energy is doing to them. Well, here it
is. We live in rural Idaho. For those that do not know what
that means, it is ninety miles to a doctor or a reasonably
priced grocery store. Some people are going to say, ``take
mass transit''; we do have a subsidized transit system (it
costs over $90 for the round trip). They also charge extra
for more than one stop. It is cheaper to pay $4 per gallon
for gas. Some will say ``buy a hybrid'' that would be nice if
I could afford one, $40,000, and it will not do me any good.
They get great mileage in town but at highway speeds, they do
not get any better mileage than what I have. My family,
daily, makes the choice ``do we put gas in the car or do we
buy food''. I do not think anyone in government has ever had
to make that choice.
I am so disgusted with our government and Congress in
general that, I think, for the first time in fifty years, I
will sit the next election out. In long-term results, I do
not see an ounce of difference in the two candidates running
for President. You need look no farther than congressional
approval ratings. The government (all of you) have lied to
the American people for so long that I believe you have
started believing your own lies. You take my Social Security
money and spend it to buy votes. You take the items out that
we all have to buy to calculate inflation. Everything you do
is calculated on a political power basis. You borrow money
from my grandchildren to send me a check and tell me it is
good for the economy. You have us so deep in debt that what
money we have is not worth anything. I do not expect my
Social Security check to feed me the rest of my life.
I guess I have ranted enough. You ask for it; there it is.
I do not expect it to do any good. You will not do what the
people want, you are going to do whatever generates you the
most power wither it is good for the country or not. Drill
here--drill now!
Jess, Aberdeen.
____
Like everyone, I have been very concerned about the rising
cost in fuel, and everything else. I am trying to raise a
family with my husband, and we definitely feel the pinch.
Even as the price of filling our cars has increased
dramatically, so has the cost of feeding our family. It is
costing my husband almost $10 per day, in a fuel-efficient
sedan, just to go to work. We also have my husband's
brother's family living here to get back on their feet, so,
of course, the cost of running our household and everything
in it is a concern.
I wanted to tell you that I strongly support domestic
drilling. It is something we should have done years ago, and
should be implemented as soon as possible. We need to
decrease our reliance on foreign oil! I also think that if we
are to continue fighting for the freedoms of the people in
the Middle East, we should expect that they compensate us,
maybe with oil. I know the answers are more complicated than
that, but there has to be something done. I would also, of
course, support alternative energy sources. I have heard
interesting things about algae, some of which you can see in
a video here: http://www.valcent.net/i/misc/Vertigro/
index.html.
I am not eloquent or succinct, but I wanted my voice heard.
Please encourage Washington to lift bans on off-shore
drilling, and also to explore domestic drilling. Also please
express support for programs to research alternative energy;
and anything else that will decrease our dependence on other
countries for our energy.
Thank you for your time, and your continued service to our
great state. Your representation is much appreciated.
Jennifer, Nampa.
____
You are trying to find out the public mind on what should
be done about the energy crisis and I really appreciate that.
Thank you.
I am in college, married and working to pay for school. The
gas prices have not helped me at all.
It is great that we are trying to get more fuel-efficient
cars but, I would like to see cars that do not need fuel at
all. (hydrogen fuel cell) The batteries for electric cars
have harmful chemicals in them and are going to be expensive
to replace and hard to dispose of. If we can push hydrogen we
will eliminate a lot of our dependency on oil altogether,
demand will go down; then the people who still need fossil
fuels can afford it.
As far as powering the nation goes, I am a great fan of
nuclear power. I started working at the INL outside of Idaho
Falls; here I was educated on nuclear energy and radiation.
Education was the key to convince me of the benefits of
nuclear power. People are just scared of it because they do
not understand it or radiation. If the public can be
educated, I believe nuclear power can become much more
feasible. Even new coal-fired power plants have a near zero
emission operation and I would be OK with using our coal
resource to ease the burden until a new energy
[[Page 6917]]
strategy can be implemented. In recent years, windmills were
placed east of Idaho Falls, and I like the idea of making the
best use of the resources in our area. Some things may work
well here, and other things may work well in other places.
Researching what works best in our area and implementing that
is a wise strategy.
Lastly, I favor drilling for our own oil. Self-sufficiency
is a principle that applies not only to individuals but to a
country as well. It is good to deal and trade with other
nations, but when a crisis is present making us pay unfair
prices we need to be able to step away from the problem and
be deal with it effectively. However, that oil is no good
without refineries. We need to make sure we can do something
with the oil we produce.
Thank you once again for listening and hopefully this can
help you in making a decision.
Kris, Rexburg.
____
Rising fuel costs are a big concern for us here in Idaho
where a large percent of the working public have to drive 30
miles or more to work each day. And even with fuel efficient
cars it still takes a large chunk of change to keep the gas
tank full I carpool with three other coworkers to help the
situation. Even with the carpool, it still costs me $200 to
$250 per month for fuel. We have family that live 600 miles +
away and we can hardly afford to go see them. A trip to Reno
costs over $300 so we have to limit our trips to visit
because it is too expensive. Our recreation has been limited,
too. W have a cabin that is in the mountains east of where we
live about 40 miles away but, because of fuel costs, we do
not go there as often. Fuel costs are also driving the cost
of everything we buy. Where is it all going to stop?
I think that we need to become less dependent on oil from
overseas and do more work on developing our own resources. We
need to work on alternative methods for powering the
automobile. Charge higher fuel prices in the areas they have
mass transportation available. Do not hammer the work force
with all the high costs.
Orin.
____
High energy prices are affecting my ability to provide
resources for living for my family. I am a disabled veteran
and on a fixed income, which prevents me from offsetting the
costs of oil. We have had to make significant changes in the
way we buy food, travel to the store and how much gas we use
for cooking and heating, often times being stuck with a $500
gas bill for a few gallons. The American people are smart.
They know that Congress is scrambling to hide the real issue.
That issue being, that they are no longer looking out for the
best interests of the American people.
Though I am grateful that you and others in Idaho are
finally trying to change things, this should have never been
a problem in the first place. We have one of the world's
largest resources of coal. We have very significant amount of
oil on the coasts and within the continental United States.
Still, you all bend to the wishes of eco-terrorists like Al
Gore and that fraud agency EPA.
Drill now! Here! Kick China and other countries off of our
coast lines. What were you thinking!! Letting other countries
drill on our soil and coasts while forbidding and banning our
own companies from doing it. That is obviously an attack on
our sovereignty,
Please sir, get Congress back on track, and let them know
we are on to them. For Idaho, For the United States of
America! Please allow refineries. Allow drilling. Allow coal.
Allow more nuke plants! Now please, stop wasting your time
with email and written answers. Action is worth a thousand
words!
Adam.
____
[We] converted [our] pick-up truck to all electric. Why
does not Congress give tax breaks to people who drive
alternative vehicles?
In our home, we are conserving energy by making our house
more energy-efficient. Why is not Congress enacting
legislation to reward homeowners for replacing windows,
furnaces, appliances with more energy efficient ones?
Rather than expand domestic oil supplies (off shore and in
Alaska), why does not Congress raise the CAFE and heavily tax
people who drive gas guzzlers for pleasure (not business)?
Congress should be enacting meaningful legislation to curb
consumption before jumping to open up off shore resources and
ANWR.
I think Congress should be embarrassed for talking about
opening up domestic oil resources when they just defeated a
windfall profit tax on oil companies. Higher prices at the
pumps, record profits, a Congress who cannot do the right
things to curb consumption and encourage conservation/
alternative resources, a Congress who caterers to the oil
companies at the expense of the environment and the non-rich.
Come on, Senator Crapo--please vote, sponsor, support a
government ``of, by, and for the people''.
Michael.
____
We still pay less than European countries. What I think is
a total same is the fact that the Treasure Valley still does
not have a decent bus system. When I was in Olympia,
Washington (pop of 20,000) during the 1960s that had a better
bus system that included other cities than we have now. Think
of the energy savings possible if the bus system was easy and
accessible for all of the residents.
Michael.
____________________
ADDITIONAL STATEMENTS
______
TRIBUTE TO EMMA JEAN GUYN MILLER
Mr. BUNNING. Mr. President, it is with great admiration and
respect that I take this time to memorialize one of Kentucky's most
cherished citizens, Mrs. Emma Jean Guyn Miller. Unfortunately, Mrs.
Miller passed away at the age of 107. However, her life story should
serve as an inspiration for people in central Kentucky and around the
entire United States.
Mrs. Miller was born in Woodford County on September 29, 1901, and
moved with her family to Nicholasville in 1902. Since she was young
Mrs. Miller knew that she wanted to gain an education and better her
community. However, since Kentucky schools were still segregated during
this time period, Mrs. Miller could only attend the Nicholasville
Colored School, that only served students through the eighth grade.
This situation did not stop Mrs. Miller. Her mother, making only $4.50
a week, and her local church saved enough money to send Mrs. Miller to
Russell High School in Lexington where she graduated in 1920.
After graduating from high school she attended Turner Normal School
in Shelbyville, TN, and earned her teaching certificate. She then
returned to Nicholasville and began a teaching career that lasted over
40 years. Mrs. Miller began her career teaching in a one room
schoolhouse and did not retire until segregated schools were ended in
Nicholasville. Her students remembered Mrs. Miller as a kind but strict
teacher who always had their best interest at heart.
In 1940 she married William Miller, and although they did not have
any children, the Millers opened their home to numerous young people in
the community who needed a place to stay. She also continued to be
active in Bethel AME Church, now Bethel Methodist Church, and was a
member for over 80 years. This church was the same congregation that
helped pay for her education at Russell High School.
Mrs. Miller's life story should serve an inspiration to every
American. Her uniquely American story should give us hope that we can
make a difference in our local communities and change the world one
person at a time.
____________________
HONORING DANCEBLUE
Mr. BUNNING. Mr. President, today I invite my colleagues to
join me in congratulating the University of Kentucky's DanceBlue
student organization and 24-hour dance marathon. This organization
operates through the support and leadership of UK students, faculty,
and staff as well as the Lexington community. The organization improves
the lives of children and families suffering from childhood cancer
through the Golden Matrix Fund, and helps serve the Bluegrass by
assisting those treated at the University of Kentucky Pediatric
Oncology Clinic. In just 4 years of operation, the DanceBlue
organization has raised over $1 million towards research in childhood
cancer. I would like to take this time to recognize the student
leadership behind DanceBlue: Erin Priddy, Caitlin Mullen, Betsy Cooper,
Joshua Rupp, Carson Massler, Townsend Miller, Colin Wheeler, and Tyler
Bolin.
Erin Priddy is a senior from Louisville, KY, and is the DanceBlue
overall chair for this year. She is the fourth individual to preside
over DanceBlue operations. Erin has spent many of her days and nights
planning this year-long fundraising process which builds up the actual
dance marathon, as well as being a full time student. The success of
this organization would not be possible without the dedication and hard
work of Erin.
Caitlin Mullen is the vice chair for the DanceBlue organization and
is also
[[Page 6918]]
in her senior year at the University of Kentucky. Caitlin's hard work
this entire year on the budget for the organization, as well as
maintaining the organization's committees and keeping them together are
a value to the entire university.
Betsy Cooper is a senior from Paducah, KY, and is the dance marathon
programming chair. Betsy's role with DanceBlue involves planning,
organizing, and orchestrating the entire 24-hour period of which the
Dance Marathon consists including overseeing 650 student dancers that
will dance for 24-hours.
Joshua Rupp is a senior from Louisville, KY, and is involved with
many organizations on campus. His role with DanceBlue is the rules,
regulations and operations chair. He is in charge of the logistics for
the dance marathon which took place this past weekend. Josh's influence
and presence on the University of Kentucky is a benefit to the school
and the community.
Carson Massler is a senior from Louisville, KY, and graduate of
Sacred Heart Academy. Her role with DanceBlue is the family relations
chair. Her position is vital to the organization since she serves as a
liaison between the UK Pediatric Oncology Clinic and Golden Matrix Fund
families and DanceBlue. The partnerships she has created serve as a
sign of hope that this organization will continue to flourish for many
more years.
Townsend Miller is a senior from Lexington, KY, and is the corporate
relations chair. Townsend's role with DanceBlue this year involves
maintaining relationships with corporate sponsors of DanceBlue, and he
is the representative of DanceBlue to local and national businesses.
Colin Wheeler is from Bowling Green, KY, and serves as the marketing
chair for DanceBlue. Colin's work on public relations, press releases,
press kits and promotional materials is one of the main reasons why the
organization and 24-hour dance marathon is such a big success.
Tyler Bolin is a senior from Owensboro, KY, and serves as the special
events chair. Tyler has worked hard throughout the entire year planning
events that help build up to the dance marathon. His hard work and
motivation are truly an inspiration to all who meet him.
I am grateful that these students serve the people of the
Commonwealth. I am confident that the children, families, and students
whose lives they touch are all thankful for the opportunity to know
them. The money that is raised through DanceBlue helps patients receive
better care while improving the lives of children and their families
suffering from childhood cancer. The funds are also going directly to
pediatric cancer research initiatives that are helping to find a cure.
Mr. President, I would like to thank these individuals for their
contributions to the Commonwealth of Kentucky, the University of
Kentucky, and the Lexington community. I wish them well in all their
future endeavors.
____________________
HONORING NEW ENGLAND CASTINGS, LLC
Ms. SNOWE. Mr. President, the manufacturing sector of our
Nation's economy is facing incredible hardships that are only amplified
by the global economic downturn. In fact, Maine's manufacturing
industry has shed an alarming 23,600 jobs in the past 10 years, which
represents nearly 30 percent of the State's manufacturing employment.
Despite these challenges, some manufacturers, like New England
Castings, the company I rise today to recognize, have been able to
adapt, expand, and succeed.
Founded in 1985, New England Castings is an investment casting
foundry located in the western Maine town of Hiram. Considered the most
ancient form of metal casting, investment casting allows the firm to
specialize in producing specific castings that many conventional shops
often find too difficult or intricate to fill. New England Castings
prides itself on the timely creation of prototypes for customers to
review, allowing it to produce customers' orders in a shorter
timeframe. The firm was certified as a historically underutilized
business zone, or HUBZone, business in 2002, allowing it access to a
wide variety of Federal contracting opportunities. The HUBZone program,
managed by the Small Business Administration, assists small firms in
rural and disadvantaged areas in attracting contracts to benefit their
businesses and grow their companies.
Castings, which are the solidified materials made after pouring a
liquid into a mold, have a number of practical uses, and New England
Castings' work is easily suited to supply a number of diverse
industries. From medical and dental instruments to gas turbine
components, New England Castings' products run the gamut from small to
large, slim to heavy. For instance, New England Castings can provide
sturdy turbine powered tank combustor cover assemblies for Abrams M1
tanks, or more delicate window latches or sconces for architects
seeking to beautify their buildings. The company's more innovative
pieces can be seen at Carnegie Hall in New York City and the
Smithsonian's Museum of Natural History in Washington, DC.
Although times are difficult for most small businesses, manufacturers
have been hit particularly hard by a confluence of challenges,
including foreign competition, finding skilled workers, and rising
energy costs. But to remain competitive, New England Castings had to
transform the way it operated, and followed through by improving its
practices and becoming a leaner company with increased productivity.
Seeking to secure a major contract to supply components to a railroad
hardware manufacturer, New England Castings' president and owner,
Walter Butler, decided that his company needed to become more efficient
to earn the contract. After working with the Maine manufacturing
extension partnership, MEP, a public-private partnership that assists
small and medium manufacturers, New England Castings was able to double
its sales, maximize the productivity of its workspace, and add 13 new
employees.
As cochair of the Senate Task Force on Manufacturing, it is
heartening to see small manufacturers like New England Castings utilize
the tremendous resources that the MEP has to offer, and I am certain
that the company will continue to benefit for years to come from the
training and advice it has received. I congratulate Walter Butler and
everyone at New England Castings for their dedication to creating
quality products, and extend my best wishes for a productive and
successful year.
____________________
MESSAGES FROM THE PRESIDENT
Messages from the President of the United States were communicated to
the Senate by Mrs. Neiman, one of his secretaries.
____________________
EXECUTIVE MESSAGES REFERRED
As in executive session the Presiding Officer laid before the Senate
messages from the President of the United States submitting sundry
nominations which were referred to the appropriate committees.
(The nominations received today are printed at the end of the Senate
proceedings.)
____________________
REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY THAT WAS DECLARED
ON MARCH 15, 1995, WITH RESPECT TO IRAN--PM 12
The PRESIDING OFFICER laid before the Senate the following message
from the President of the United States, together with an accompanying
report; which was referred to the Committee on Banking, Housing, and
Urban Affairs:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a
notice stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice
[[Page 6919]]
to the Federal Register for publication, stating that the Iran
emergency declared on March 15, 1995, is to continue in effect beyond
March 15, 2009.
The crisis between the United States and Iran resulting from the
actions and policies of the Government of Iran that led to the
declaration of a national emergency on March 15, 1995, has not been
resolved. The actions and policies of the Government of Iran are
contrary to the interests of the United States in the region and pose a
continuing unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States. For these reasons, I
have determined that it is necessary to continue the national emergency
declared with respect to Iran and maintain in force comprehensive
sanctions against Iran to respond to this threat.
Barack Obama.
The White House, March 11, 2009.
____________________
MESSAGES FROM THE HOUSE
______
ENROLLED BILL SIGNED
At 11:03 a.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the Speaker has
signed the following enrolled bill:
H.R. 1105. An act making omnibus appropriations for the
fiscal year ending September 30, 2009, and for other
purposes.
The enrolled bill was subsequently signed by the President pro
tempore (Mr. Byrd).
____
At 2:48 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 813. An act to designate the Federal building and
United States courthouse located at 306 East Main Street in
Elizabeth City, North Carolina, as the ``J. Herbert W. Small
Federal Building and United States Courthouse''.
H.R. 837. An act to designate the Federal building located
at 799 United Nations Plaza in New York, New York, as the
``Ronald H. Brown United States Mission to the United Nations
Building''.
H.R. 842. An act to designate the United States Courthouse
to be constructed in Jackson, Mississippi, as the ``R. Jess
Brown United States Courthouse''.
H.R. 869. An act to designate the Federal building and
United States courthouse located at 101 Barr Street in
Lexington, Kentucky, as the ``Scott Reed Federal Building and
United States Courthouse''.
H.R. 887. An act to designate the United States courthouse
located at 131 East 4th Street in Davenport, Iowa, as the
``James A. Leach United States Courthouse''.
The message also announced that the House has agreed to the following
concurrent resolutions, in which it requests the concurrence of the
Senate:
H. Con. Res. 37. Concurrent resolution authorizing the use
of the Capitol Grounds for the Greater Washington Soap Box
Derby.
H. Con. Res. 39. Concurrent resolution authorizing the use
of the Capitol Grounds for the District of Columbia Special
Olympics Law Enforcement Torch Run.
The message further announced that pursuant to 44 U.S.C. 2702, the
Clerk of the House reappoints the following member on the part of the
House of Representatives to the Advisory Committee on the Records of
Congress: Mr. Bernard Forrester of Houston, Texas.
____________________
MEASURES REFERRED
The following bills were read the first and the second times by
unanimous consent, and referred as indicated:
H.R. 813. An act to designate the Federal building and
United States courthouse located at 306 East Main Street in
Elizabeth City, North Carolina, as the ``J. Herbert W. Small
Federal Building and United States Courthouse''; to the
Committee on Environment and Public Works.
H.R. 837. An act to designate the Federal building located
at 799 United Nations Plaza in New York, New York, as the
``Ronald H. Brown United States Mission to the United Nations
Building''; to the Committee on Environment and Public Works.
H.R. 842. An act to designate the United States Courthouse
to be constructed in Jackson, Mississippi, as the ``R. Jess
Brown United States Courthouse''; to the Committee on
Environment and Public Works.
H.R. 869. An act to designate the Federal building and
United States courthouse located at 101 Barr Street in
Lexington, Kentucky, as the ``Scott Reed Federal Building and
United States Courthouse''; to the Committee on Environment
and Public Works.
H.R. 887. An act to designate the United States courthouse
located at 131 East 4th Street in Davenport, Iowa, as the
``James A. Leach United States Courthouse''; to the Committee
on Environment and Public Works.
H.R. 1106. An act to prevent mortgage foreclosures and
enhance mortgage credit availability; to the Committee on
Banking, Housing, and Urban Affairs.
The following concurrent resolution was read, and referred as
indicated:
H. Con. Res. 39. Concurrent resolution authorizing the use
of the Capitol Grounds for the District of Columbia Special
Olympics Law Enforcement Torch Run; to the Committee on Rules
and Administration.
____________________
MEASURES READ THE FIRST TIME
The following bill was read the first time:
S. 570. A bill to stimulate the economy and create jobs at
no cost to the taxpayers, and without borrowing money from
foreign governments for which our children and grandchildren
will be responsible, and for other purposes.
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-942. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``2-Propenoic acid, monoester with 1,2-propanediol, polymer
with a-[4-(ethenyloxy) butyl]-w-hydroxypoly (oxy-1,2-
ethanediyl) and 2,5-furandione; Tolerance Exemption'' (FRL-
8396-9) received in the Office of the President of the Senate
on March 10, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-943. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``2-Propenoic acid, 2-hydroxyethyl ester, polymer with a-[4-
(ethenyloxy) butyl]-w-hydroxypoly (oxy-1,2-ethanediyl);
Tolerance Exemption'' (FRL-8396-7) received in the Office of
the President of the Senate on March 10, 2009; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-944. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``2-Propenoic acid, polymer with a-[4-(ethenyloxy) butyl]-w-
hydroxypoly (oxy-1,2-ethanediyl), sodium salt; Tolerance
Exemption'' (FRL-8397-1) received in the Office of the
President of the Senate on March 10, 2009; to the Committee
on Agriculture, Nutrition, and Forestry.
EC-945. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``2-Propenoic acid, polymer with a-[4-(ethenyloxy) butyl]-w-
hydroxypoly (oxy-1,2-ethanediyl) and 1,2-propanediol mono-2-
propenoate, potassium sodium salt; Tolerance Exemption''
(FRL-8396-9) received in the Office of the President of the
Senate on March 10, 2009; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-946. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``2-Propenoic acid, polymer with a-[4-(ethenyloxy) butyl]-w-
hydroxypoly (oxy-1,2-ethanediyl) and 2,5-furandion, sodium
salt; Tolerance Exemption'' (FRL-8396-8) received in the
Office of the President of the Senate on March 10, 2009; to
the Committee on Agriculture, Nutrition, and Forestry.
EC-947. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Bacillus Mycoides Isolate J; Temporary Exemption From the
Requirement of a Tolerance'' (FRL-8400-2) received in the
Office of the President of the Senate on March 10, 2009; to
the Committee on Agriculture, Nutrition, and Forestry.
EC-948. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Benfluralin, Carbaryl, Diazinon, Dicrotophos, Fluometruon,
Formetanate Hydrochloride, Glyphosate, Metolachlor,
Napropamide, Norflurazon, Pyrazon, and Tau-Fluvalinate;
Technical Amendment'' (FRL-8402-1) received in the Office of
the President of the Senate on March 10, 2009; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-949. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Chlorimuron-ethyl; Pesticide Tolerances'' (FRL-8402-6)
received in the Office of the
[[Page 6920]]
President of the Senate on March 10, 2009; to the Committee
on Agriculture, Nutrition, and Forestry.
EC-950. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Protection of Stratospheric Ozone: Recordkeeping and
Reporting Requirements for the Import of Halon-1301 Aircraft
Fire Extinguishing Vessels'' (FRL-8779-6) received in the
Office of the President of the Senate on March 10, 2009; to
the Committee on Environment and Public Works.
EC-951. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Update for Weighted Average Interest Rates,
Yield Curves, and Segment Rates'' (Notice 2009-20) received
in the Office of the President of the Senate on March 10,
2009; to the Committee on Finance.
____________________
PETITIONS AND MEMORIALS
The following petition or memorial was laid before the Senate and was
referred or ordered to lie on the table as indicated:
POM-10. A resolution adopted by the Senate of the
Commonwealth of Kentucky urging the 111th United States
Congress to enact a federal Menu Education and Labeling
(Meal) Act; to the Committee on Health, Education, Labor, and
Pensions.
Senate Resolution No. 76
Whereas, research continues to reveal the strong link
between diet and health, and that diet-related diseases start
early in life; and
Whereas, increased caloric intake is a key factor
contributing to the alarming increase in obesity in the
United States. According to the Centers for Disease Control
and Prevention, two-thirds of American adults are overweight
or obese, and the rates of obesity have tripled in children
and teens since 1980. Obesity increases the risk of diabetes,
heart disease, stroke, and other health problems. Each year
obesity costs families, businesses, and governments $117
billion; and
Whereas, over the past two decades, there has been a
significant increase in the numbers of meals prepared and
consumed outside of the home, with an estimated one-third of
calories and almost 46 percent of total food dollars being
spent on food purchased from and consumed at restaurants and
other food-service establishments; and
Whereas, studies like eating out with obesity and higher
caloric intakes. Foods that people eat from restaurants and
other food-service establishments are generally higher in
calories and saturated fat and lower in nutrients, such as
calcium and fiber, than home-prepared foods; and
Whereas, while nutrition labeling is currently required on
most packaged foods, this information is required only for
restaurant foods for which nutrient content or health claims
are made; and
Whereas, three-quarters of American adults report using
food labels on packaged foods, which are required by the
Nutrition Labeling and Education Act and went into effect in
1994. Using food labels is associated with eating healthier
diets, and approximately 48 percent of people report that the
nutrition information on food labels has caused them to
change their minds about buying a food product. Research
shows that people make healthier choices when restaurants
provide point-of-purchase nutrition information; and
Whereas, it is difficult for consumers to limit their
intake of calories at restaurants, given the limited
availability of nutrition information, as well as the popular
practice by many restaurants of providing foods in larger-
than-standard servings and `super-sized' portions; and
Whereas, the enacting of a federal Meal Act would provide
all Americans valuable additional nutritional information
that will best equip individuals and allow them to make
healthy choices when they are consuming prepared foods
outside of the home: Now, therefore, be it
Resolved by the Senate of the General Assembly of the
Commonwealth of Kentucky:
Section 1. The Senate of the Commonwealth of Kentucky
hereby urges the 111th United States Congress to enact a
federal Menu Education and Labeling (Meal) Act.
Section 2. The Clerk of the Senate shall forward a copy of
this Resolution to the Clerk of the United States Senate and
the Clerk of the United States House of Representatives.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, without amendment:
S. 303. A bill to reauthorize and improve the Federal
Financial Assistance Management Improvement Act of 1999
(Rept. No. 111-7).
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mr. CRAPO (for himself, Mr. Kyl, Mr. Corker, Mr.
Shelby, Mr. Gregg, Mr. Enzi, Mr. Isakson, Mr.
Alexander, Mr. Brownback, Mr. Specter, Mr. Vitter,
Mr. Inhofe, Mr. Cornyn, Mr. Chambliss, Mr. Risch, Mr.
Bunning, Mr. Johanns, Mr. Martinez, and Mr. Roberts):
S. 567. A bill to repeal the sunset on the reduction of
capital gains rates for individuals and on the taxation of
dividends of individuals at capital gains rates; to the
Committee on Finance.
By Mr. CRAPO:
S. 568. A bill for the relief of Sali Bregaj and Mjaftime
Bregaj; to the Committee on the Judiciary.
By Mr. LEVIN (for himself, Mr. Grassley, and Mrs.
McCaskill):
S. 569. A bill to ensure that persons who form corporations
in the United States disclose the beneficial owners of those
corporations, in order to prevent wrongdoers from exploiting
United States corporations for criminal gain, to assist law
enforcement in detecting, preventing, and punishing
terrorism, money laundering, and other misconduct involving
United States corporations, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
By Mr. VITTER (for himself, Mr. Bunning, Mr. Shelby,
Mr. DeMint, Mr. Cornyn, Mr. Ensign, Mr. Coburn, Mr.
Risch, Mr. Inhofe, Mr. Enzi, Mr. Sessions, and Mr.
Bond):
S. 570. A bill to stimulate the economy and create jobs at
no cost to the taxpayers, and without borrowing money from
foreign governments for which our children and grandchildren
will be responsible, and for other purposes; read the first
time.
By Mr. MENENDEZ (for himself, Mr. Wyden, Mr. Kerry, Mr.
Casey, and Mr. Dodd):
S. 571. A bill to strengthen the Nation's research efforts
to identify the causes and cure of psoriasis and psoriatic
arthritis, expand psoriasis and psoriatic arthritis data
collection, and study access to and quality of care for
people with psoriasis and psoriatic arthritis, and for other
purposes; to the Committee on Health, Education, Labor, and
Pensions .
By Mr. WEBB (for himself, Mr. Brown, Mr. Vitter, Mr.
Wicker, Mrs. Boxer, Mr. Nelson of Nebraska, and Mrs.
Lincoln):
S. 572. A bill to provide for the issuance of a ``forever
stamp'' to honor the sacrifices of the brave men and women of
the armed forces who have been awarded the Purple Heart; to
the Committee on Homeland Security and Governmental Affairs.
By Mr. TESTER:
S. 573. A bill to improve the efficiency of customs and
other services at the Wild Horse, Montana port of entry; to
the Committee on Finance.
By Mr. AKAKA (for himself, Mr. Voinovich, Mr. Carper,
Mr. Levin, Mrs. McCaskill, and Mr. Tester):
S. 574. A bill to enhance citizen access to Government
information and services by establishing that Government
documents issued to the public must be written clearly, and
for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. CARPER (for himself and Mr. Specter):
S. 575. A bill to amend title 49, United States Code, to
develop plans and targets for States and metropolitan
planning organizations to develop plans to reduce greenhouse
gas emissions from the transportation sector, and for other
purposes; to the Committee on Environment and Public Works.
____________________
ADDITIONAL COSPONSORS
S. 69
At the request of Mr. Inouye, the name of the Senator from Wisconsin
(Mr. Feingold) was added as a cosponsor of S. 69, a bill to establish a
fact-finding Commission to extend the study of a prior Commission to
investigate and determine facts and circumstances surrounding the
relocation, internment, and deportation to Axis countries of Latin
Americans of Japanese descent from December 1941 through February 1948,
and the impact of those actions by the United States, and to recommend
appropriate remedies, and for other purposes.
S. 211
At the request of Mrs. Murray, the names of the Senator from Maryland
(Mr. Cardin), the Senator from Vermont (Mr. Sanders) and the Senator
from Rhode Island (Mr. Reed) were added as cosponsors of S. 211, a
[[Page 6921]]
bill to facilitate nationwide availability of 2-1-1 telephone service
for information and referral on human services and volunteer services,
and for other purposes.
S. 388
At the request of Mr. Cornyn, his name was added as a cosponsor of S.
388, a bill to extend the termination date for the exemption of
returning workers from the numerical limitations for temporary workers.
S. 416
At the request of Mrs. Feinstein, the name of the Senator from West
Virginia (Mr. Byrd) was added as a cosponsor of S. 416, a bill to limit
the use of cluster munitions.
S. 423
At the request of Mr. Akaka, the names of the Senator from Oklahoma
(Mr. Coburn) and the Senator from Massachusetts (Mr. Kerry) were added
as cosponsors of S. 423, a bill to amend title 38, United States Code,
to authorize advance appropriations for certain medical care accounts
of the Department of Veterans Affairs by providing two-fiscal year
budget authority, and for other purposes.
S. 428
At the request of Mr. Dorgan, the name of the Senator from Colorado
(Mr. Bennet) was added as a cosponsor of S. 428, a bill to allow travel
between the United States and Cuba.
S. 488
At the request of Mr. Brown, the name of the Senator from
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 488, a bill
to amend the Public Health Service Act, the Employee Retirement Income
Security Act of 1974, and the Internal Revenue Code of 1986 to require
group and individual health insurance coverage and group health plans
to provide coverage for individuals participating in approved cancer
clinical trials.
S. 503
At the request of Ms. Murkowski, the names of the Senator from
Wyoming (Mr. Barrasso), the Senator from Idaho (Mr. Risch) and the
Senator from Kansas (Mr. Brownback) were added as cosponsors of S. 503,
a bill to authorize the exploration, leasing, development, and
production of oil and gas in and from the western portion of the
Coastal Plain of the State of Alaska without surface occupancy, and for
other purposes.
S. 527
At the request of Mr. Thune, the name of the Senator from Missouri
(Mrs. McCaskill) was added as a cosponsor of S. 527, a bill to amend
the Clean Air act to prohibit the issuance of permits under title V of
that Act for certain emissions from agricultural production.
S. 535
At the request of Mr. Nelson of Florida, the name of the Senator from
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 535, a bill
to amend title 10, United States Code, to repeal requirement for
reduction of survivor annuities under the Survivor Benefit Plan by
veterans' dependency and indemnity compensation, and for other
purposes.
S. 541
At the request of Mr. Dodd, the names of the Senator from New
Hampshire (Mr. Gregg) and the Senator from Texas (Mrs. Hutchison) were
added as cosponsors of S. 541, a bill to increase the borrowing
authority of the Federal Deposit Insurance Corporation, and for other
purposes.
S. 546
At the request of Mr. Reid, the name of the Senator from Washington
(Mrs. Murray) was added as a cosponsor of S. 546, a bill to amend title
10, United States Code, to permit certain retired members of the
uniformed services who have a service-connected disability to receive
both disability compensation from the Department of Veterans Affairs
for their disability and either retired pay by reason of their years of
military service of Combat-Related Special Compensation.
S. RES. 60
At the request of Mrs. Shaheen, the names of the Senator from
Connecticut (Mr. Dodd) and the Senator from Florida (Mr. Martinez) were
added as cosponsors of S. Res. 60, a resolution commemorating the 10-
year anniversary of the accession of the Czech Republic, the Republic
of Hungary, and the Republic of Poland as members of the North Atlantic
Treaty Organization.
S. RES. 70
At the request of Mr. Durbin, the name of the Senator from Florida
(Mr. Martinez) was added as a cosponsor of S. Res. 70, a resolution
congratulating the people of the Republic of Lithuania on the 1000th
anniversary of Lithuania and celebrating the rich history of Lithuania.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEVIN (for himself, Mr. Grassley, and Mrs. McCaskill)
S. 569. A bill to ensure that persons who form corporations in the
United States disclose the beneficial owners of those corporations, in
order to prevent wrongdoers from exploiting United States corporations
for criminal gain, to assist law enforcement in detecting, preventing,
and punishing terrorism, money laundering, and other misconduct
involving United States corporations, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
Mr. LEVIN. Mr. President, I am introducing today, with my colleagues
Senator Grassley and Senator McCaskill, the Incorporation Transparency
and Law Enforcement Assistance Act. This bill tackles a longstanding
homeland security problem involving inadequate State incorporation
practices that leave this country unnecessarily vulnerable to
wrongdoers, hinders law enforcement, and damages the international
stature of the United States.
The problem is straightforward. Each year, our States allow persons
to form nearly 2 million corporations and limited liability companies
in this country without knowing, or even asking, who the beneficial
owners are behind those corporations. Right now, a person forming a
U.S. corporation or limited liability company, LLC, provides less
information to the State than is required to open a bank account or
obtain a driver's license. Instead, States routinely permit persons to
form corporations and LLCs under State laws without disclosing the
names of any of the people who will control or benefit from them.
It is a fact that criminals are exploiting this weakness in our State
incorporation practices. They are forming new U.S. corporations and
LLCs, and using these entities to commit crimes ranging from drug
trafficking, money laundering, tax evasion, financial fraud, and
corruption.
Law enforcement authorities investigating these crimes have
complained loudly for years about the lack of beneficial ownership
information. Last year, for example, the U.S. Department of the
Treasury sent a letter to the States stating: ``the lack of
transparency with respect to the individuals who control privately held
for-profit legal entities created in the United States continues to
represent a substantial vulnerability in the U.S. anti-money
laundering/counter terrorist financing (AML/CFT) regime. . . . [T]he
use of U.S. companies to mask the identity of criminals presents an
ongoing and substantial problem . . . for U.S. and global law
enforcement authorities.''
Michael Chertoff, former Secretary of the U.S. Department of Homeland
Security, wrote the following:
In countless investigations, where the criminal targets
utilize shell corporations, the lack of law enforcement's
ability to gain access to true beneficial ownership
information slows, confuses or impedes the efforts by
investigators to follow criminal proceeds. This is the case
in financial fraud, terrorist financing and money laundering
investigations. . . . It is imperative that States maintain
beneficial ownership information while the company is active
and to have a set time frame for preserving those records. .
. . Shell companies can be sold and resold to several
beneficial owners in the course of a year or less. . . . By
maintaining records not only of the initial beneficial
ownership but of the subsequent beneficial owners, States
will provide law enforcement the tools necessary to clearly
identify the individuals who utilized the company at any
given period of time.
[[Page 6922]]
These types of complaints by U.S. law enforcement, their pleas for
assistance, and their warnings about the dangers of anonymous U.S.
corporations operating here and abroad are catalogued in a stack of
reports and hearing testimony from the Department of Justice, the
Department of Homeland Security, the Financial Crimes Enforcement
Network of the Department of the Treasury, the Internal Revenue
Service, and others.
To add insult to injury, our law enforcement officials have too often
had to stand silent when asked by their counterparts in other countries
for information about who owns a U.S. corporation committing crimes in
their jurisdictions. The reality is that the United States can't answer
those requests, because we don't have the information.
Our bill would cure the problem by requiring State incorporation
forms to include a request for the names of a corporation's beneficial
owners. States would not be required to verify the information, but
civil or criminal penalties would apply to persons who submitted false
information. If law enforcement issued a subpoena or summons to obtain
the ownership information, States would then supply the data contained
on its forms.
This bill has received the support of numerous law enforcement
associations, including the Federal Law Enforcement Officers
Association, the Fraternal Order of Police, the National Association of
Assistant United States Attorneys, the National Narcotic Officers'
Associations Coalition, the United States Marshals Service Association,
and the Association of Former ATF Agents.
The Federal Law Enforcement Officers Association, FLEOA, for example,
which represents more than 26,000 Federal law enforcement officers,
states that ``the unfortunate lax attitude demonstrated by certain
states has enabled large criminal enterprises to exploit those state's
flawed filing systems.'' FLEOA goes on:
We regard corporate ownership in the same manner as we do
vehicle ownership. Requiring the driver of a vehicle to have
a registration and insurance card is not a violation of their
privacy. This information does not need to be published in a
Yellow Pages, but it should be available to law enforcement
officers who make legally authorized requests pursuant to
official investigations.
The National Association of Assistant United States Attorneys,
NAAUSA, which represents more than 1,500 Federal prosecutors, urges
Congress to take legislative action to remedy inadequate State
incorporation practices. NAAUSA states:
[M]indful of the ease with which criminals establish `front
organizations' to assist in money laundering, terrorist
financing, tax evasion and other misconduct, it is shocking
and unacceptable that many State laws permit the creation of
corporations without asking for the identity of the
corporation's beneficial owners. Your legislation will guard
against that from happening, and no longer permit criminals
to exploit the lack of transparency in the registration of
corporations.
Our bill was also endorsed by President Obama during the last
Congress when he was a member of the U.S. Senate and served as an
original cosponsor of the predecessor bill, S. 2956.
In 2006, the leading international anti-money laundering body in the
world, the Financial Action Task Force on Money Laundering--known as
FATF--issued a report criticizing the United States for its failure to
comply with a FATF standard requiring countries to obtain beneficial
ownership information for the corporations formed under their laws.
This standard is one of 40 FATF standards that this country has
publicly committed itself to implementing as part of its efforts to
promote strong anti-money laundering laws around the world.
FATF gave the United States 2 years, until July 2008, to make
progress toward coming into compliance with the FATF standard on
beneficial ownership information. That deadline passed long ago, and we
have yet to make any real progress. Enacting the bill we are
introducing today would bring the United States into compliance with
the FATF standard by requiring the States to obtain beneficial
ownership information for the corporations formed under their laws. It
would ensure that the United States met its international commitment to
comply with FATF anti-money laundering standards.
The bill being introduced today is also the product of years of work
by the U.S. Senate Permanent Subcommittee on Investigations, which I
chair. As long ago as 2000, the Government Accountability Office, GAO,
at my request, conducted an investigation and released a report
entitled, ``Suspicious Banking Activities: Possible Money Laundering by
U.S. Corporations Formed for Russian Entities.'' This report revealed
that one person was able to set up more than 2,000 Delaware shell
corporations and, without disclosing the identity of the beneficial
owners, open U.S. bank accounts for those corporations, which then
collectively moved about $1.4 billion through the accounts. It is one
of the earliest government reports to give some sense of the law
enforcement problems caused by U.S. corporations with unknown owners.
It sounded the alarm years ago but to little avail.
In April 2006, in response to a Subcommittee request, GAO released a
second report entitled, ``Company Formations: Minimal Ownership
Information Is Collected and Available,'' which reviewed the corporate
formation laws in all 50 States. GAO disclosed that the vast majority
of the States do not collect any information at all on the beneficial
owners of the corporations and LLCs formed under their laws. The report
also found that many States have established automated procedures that
allow a person to form a new corporation or LLC within the State within
24 hours of filing an online application without any prior review of
that application by a State official. In exchange for a substantial
fee, at least two States will form a corporation or LLC within one hour
of a request. After examining these State incorporation practices, the
GAO report described the problems that the lack of beneficial ownership
information has caused for a range of law enforcement investigations.
In November 2006, our subcommittee held a hearing further exploring
this issue. At that hearing, representatives of the U.S. Department of
Justice, DOJ, the Internal Revenue Service, IRS, and the Department of
Treasury's Financial Crimes Enforcement Network, FinCEN, testified that
the failure of States to collect adequate information on the beneficial
owners of the legal entities they form has impeded Federal efforts to
investigate and prosecute criminal acts such as terrorism, money
laundering, securities fraud, and tax evasion. At the hearing, DOJ
testified:
We had allegations of corrupt foreign officials using these
[U.S.] shell accounts to launder money, but were unable--due
to lack of identifying information in the corporate records--
to fully investigate this area.
The IRS testified:
Within our own borders, the laws of some states regarding
the formation of legal entities have significant transparency
gaps which may even rival the secrecy afforded in the most
attractive tax havens.
FinCEN identified 768 incidents of suspicious international wire
transfer activity involving U.S. shell companies.
In addition, in a list of the ``Dirty Dozen'' tax scams in 2007, the
IRS highlighted shell companies with unknown owners as number four on
the list, as follows:
4. Disguised Corporate Ownership: Domestic shell
corporations and other entities are being formed and operated
in certain states for the purpose of disguising the ownership
of the business or financial activity. Once formed, these
anonymous entities can be, and are being, used to facilitate
underreporting of income, non-filing of tax returns, listed
transactions, money laundering, financial crimes and possibly
terrorist financing. The IRS is working with state
authorities to identify these entities and to bring their
owners into compliance.
That is not all. Dozens of Internet websites advertising corporate
formation services highlight the fact that some of our States allow
corporations to be formed under their laws without asking for the
identity of the beneficial owners. These Web sites explicitly point to
anonymous ownership as a reason to incorporate within the United
States, and often list certain
[[Page 6923]]
States alongside notorious offshore jurisdictions as preferred
locations for the formation of new corporations, essentially providing
an open invitation for wrongdoers to form entities within the United
States.
One Web site, for example, set up by an international incorporation
firm, advocates setting up companies in Delaware by saying:
``DELAWARE--An Offshore Tax Haven for Non U.S. Residents.'' It cites as
one of Delaware's advantages that: ``Owners' names are not disclosed to
the state.'' Another Web site, from a U.K. firm called
``formacompanyoffshore.com,'' lists the advantages to incorporating in
Nevada. Those advantages include: ``No I.R.S. Information Sharing
Agreement'' and ``Stockholders are not on Public Record allowing
complete anonymity.''
Despite this type of advertising, years of law enforcement
complaints, and mounting evidence of abuse, many of our States are
reluctant to admit there is a problem with establishing U.S.
corporations and LLCs with unknown owners. Too many of our States are
eager to explain how quick and easy it is to set up corporations within
their borders, without acknowledging that those same quick and easy
procedures enable wrongdoers to utilize U.S. corporations in a variety
of crimes and tax dodges both here and abroad.
Since 2006, the subcommittee has worked with the States to encourage
them to recognize the homeland security problem they have created and
to come up with their own solution. After the subcommittee's hearing on
this issue, for example, the National Association of Secretaries of
State, NASS, convened a 2007 task force to examine state incorporation
practices. At the request of NASS and several States, I delayed
introducing legislation while they worked on a proposal to require the
collection of beneficial ownership information. My subcommittee staff
participated in multiple conferences, telephone calls, and meetings;
suggested key principles; and provided comments to the task force.
In July 2007, the NASS task force issued a proposal. Rather than cure
the problem, however, the proposal was full of deficiencies, leading
the Treasury Department to state in a letter that the NASS proposal
``falls short'' and ``does not fully address the problem of legal
entities masking the identity of criminals.''
Among other shortcomings, the NASS proposal does not require States
to obtain the names of the natural individuals who would be the
beneficial owners of a U.S. corporation or LLC. Instead, it would allow
States to obtain a list of a company's ``owners of record'' who can be,
and often are, offshore corporations or trusts. The NASS proposal also
doesn't require the States themselves to maintain the beneficial
ownership information, or to supply it to law enforcement upon receipt
of a subpoena or summons. The proposal also fails to require the
beneficial ownership information to be updated over time. These and
other flaws in the proposal have been identified by the Treasury
Department, the Department of Justice, me, and others, but NASS has
given no indication that the flaws will be corrected.
It is deeply disappointing that the States, despite the passage of
more than 1 year, were unable to devise an effective proposal. Part of
the difficulty is that the States have a wide range of practices,
differ on the extent to which they rely on incorporation fees as a
major source of revenue, and differ on the extent to which they attract
non-U.S. persons as incorporators. In addition, the States are
competing against each other to attract persons who want to set up U.S.
corporations, and that competition creates pressure for each individual
State to favor procedures that allow quick and easy incorporations. It
is a classic case of competition causing a race to the bottom, making
it difficult for any one State to do the right thing and request the
names of beneficial owners.
That is why we are introducing Federal legislation today. Federal
legislation is needed to level the playing field among the States, set
minimum standards for obtaining beneficial ownership information, put
an end to the practice of States forming millions of legal entities
each year without knowing who is behind them, and bring the United
States into compliance with its international commitments.
The bill's provisions would require the States to obtain a list of
the beneficial owners of each corporation or LLC formed under their
laws, to maintain this information for 5 years after the corporation is
terminated, and to provide the information to law enforcement upon
receipt of a subpoena or summons. If enacted, this bill would ensure,
for the first time, that law enforcement seeking beneficial ownership
information from a State about one of its corporations or LLCs would
not be turned away empty-handed.
The bill would also require corporations and LLCs to update their
beneficial ownership information in an annual filing with the State of
incorporation. If a State did not require an annual filing, the
information would have to be updated each time the beneficial ownership
changed.
In the special case of U.S. corporations formed by non-U.S. persons,
the bill would go farther. Following the lead of the Patriot Act which
imposed additional due diligence requirements on certain financial
accounts opened by non-U.S. persons, our bill would require additional
due diligence for corporations beneficially owned by non-U.S. persons.
This added due diligence would have to be performed--not by the
States--but by the persons seeking to establish the corporations. These
incorporators would have to file with the State a written certification
from a corporate formation agent residing within the State attesting to
the fact that the agent had verified the identity of the non-U.S.
beneficial owners of the corporation by obtaining their names,
addresses, and passport photographs. The formation agent would be
required to retain this information for a specified period of time and
produce it upon request.
The bill would not require the States to verify the ownership
information provided to them by a formation agent, corporation, LLC, or
other person filing an incorporation application. Instead, the bill
would establish Federal civil and criminal penalties for anyone who
knowingly provided a State with false beneficial ownership information
or intentionally failed to provide the State with the information
requested.
The bill would also exempt certain corporations from the disclosure
obligation. For example, it would exempt all publicly traded
corporations and the entities they form, since these corporations are
already overseen by the Security and Exchange Commission. It would also
allow the States, with the written concurrence of the Homeland Security
Secretary and the U.S. Attorney General, to identify certain
corporations, either individually or as a class, which would not have
to list their beneficial owners, if requiring such ownership
information would not serve the public interest or assist law
enforcement in their investigations. These exemptions are expected to
be narrowly drawn and used sparingly, but are intended to provide the
States and Federal law enforcement added flexibility to fine-tune the
disclosure obligation and focus it where it is most needed to stop
crime, tax evasion, and other wrongdoing.
Another area of flexibility in the bill involves privacy issues. The
bill deliberately does not take a position on the issue of whether the
States should make the beneficial ownership information they receive
available to the public. Instead, the bill leaves it entirely up to the
States to decide whether and under what circumstances to make
beneficial ownership information available to the public. The bill
explicitly permits the States to place restrictions on providing
beneficial ownership information to persons other than government
officials. The bill focuses instead on ensuring that law enforcement
and Congress, provided they are equipped with a subpoena or summons,
are given ready access to the beneficial ownership information
collected by the States.
To ensure that the States have the funds needed to meet the new
beneficial ownership information requirements, the bill makes it clear
that
[[Page 6924]]
States can use their DHS state grant funds for this purpose. Every
State is guaranteed a minimum amount of DHS grant funds every year and
may receive funds substantially above that minimum. Every State will be
able to use all or a portion of these funds to modify their
incorporation practices to meet the requirements in the act. The bill
also authorizes DHS to use appropriated funds to carry out its
responsibilities under the act. These provisions will ensure that the
States have the funds needed for the modest compliance costs involved
with amending their incorporation forms to request the names of
beneficial owners.
It is common for bills establishing Federal standards to seek to
ensure State action by making some Federal funding dependent upon a
State's meeting the specified standards. This bill, however, states
explicitly that nothing in the bill authorizes DHS to withhold funds
from a State for failing to modify its incorporation practices to meet
the beneficial ownership information requirements in the act. Instead,
the bill simply calls for a GAO report in 2013 to identify which
States, if any, have failed to strengthen their incorporation practices
as required by the act. After getting this status report, a future
Congress can decide what steps to take, including whether to reduce any
DHS funding going to the noncompliant States.
Finally, the bill would require the U.S. Department of the Treasury
to issue a rule requiring formation agents to establish anti-money
laundering programs to ensure they are not forming U.S. corporations or
LLCs for criminals or other wrongdoers. GAO would also be asked to
conduct a study of existing State formation procedures for partnerships
and trusts.
We have worked hard to craft a bill that would address, in a fair and
reasonable way, the homeland security problem created by States
allowing the formation of millions of U.S. corporations and LLCs with
unknown owners. What the bill comes down to is a simple requirement
that States change their incorporation applications to add a question
requesting the names and addresses of the prospective beneficial
owners. That is not too much to ask to protect this country and the
international community from wrongdoers seeking to misuse U.S.
corporations and to help law enforcement stop those wrongdoers.
For those who say that, if the United States tightens its
incorporation rules, new companies will be formed elsewhere, it is
appropriate to ask exactly where they will go. Every country in the
European Union is already required to get beneficial information for
the corporations formed under their laws. Most offshore jurisdictions
already request this information as well, including the Bahamas, Cayman
Islands, Jersey, and the Island of Man. Our States should be asking for
the same ownership information, but they don't, and there is no
indication that they will any time in the near future, unless required
to do so.
I wish Federal legislation weren't necessary. I wish the States could
solve this homeland security problem on their own, but ongoing
competitive pressures make it unlikely that the States will reach
agreement. It has been more than 2 years since our 2006 hearing with no
real progress to show for it, despite repeated pleas from law
enforcement.
Federal legislation is necessary to reduce the vulnerability of the
United States to wrongdoing by U.S. corporations with unknown owners,
to protect interstate and international commerce from criminals
misusing U.S. corporations, to strengthen the ability of law
enforcement to investigate suspect U.S. corporations, to level the
playing field among the States, and to bring the United States into
compliance with its international anti-money laundering obligations.
There is also an issue of consistency. For years, I have been
fighting offshore corporate secrecy laws and practices that enable
wrongdoers to secretly control offshore corporations involved in money
laundering, tax evasion, and other misconduct. I have pointed out on
more than one occasion that corporations were not created to hide
ownership, but to shield owners from personal liability for corporate
acts. Unfortunately, today, the corporate form has too often been
corrupted into serving those wishing to conceal their identities and
commit crimes or dodge taxes without alerting authorities. It is past
time to stop this misuse of the corporate form. But if we want to stop
inappropriate corporate secrecy offshore, we need to stop it here at
home as well.
For these reasons, I urge my colleagues to support this legislation
and put an end to incorporation practices that promote corporate
secrecy and render the United States and other countries vulnerable to
abuse by U.S. corporations with unknown owners.
As I mentioned earlier, in the 110th Congress, then-Senator Obama was
an original cosponsor of this legislation. I look forward to working
with President Obama to ensure this homeland security bill is enacted
into law.
I thank my cosponsor, Senator Grassley, who has been such a leader in
this effort for so long, as he has in so many other good government
initiatives. I also thank Senator McCaskill for her cosponsorship.
Mr. President, I ask unanimous consent that the text of the bill and
a bill summary be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 569
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 ``Incorporation Transparency
and Law Enforcement Assistance Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly 2,000,000 corporations and limited liability
companies are being formed under the laws of the States each
year.
(2) Very few States obtain meaningful information about the
beneficial owners of the corporations and limited liability
companies formed under their laws.
(3) A person forming a corporation or limited liability
company within the United States typically provides less
information to the State of incorporation than is needed to
obtain a bank account or driver's license and typically does
not name a single beneficial owner.
(4) Criminals have exploited the weaknesses in State
formation procedures to conceal their identities when forming
corporations or limited liability companies in the United
States, and have then used the newly created entities to
commit crimes affecting interstate and international commerce
such as terrorism, drug trafficking, money laundering, tax
evasion, securities fraud, financial fraud, and acts of
foreign corruption.
(5) Law enforcement efforts to investigate corporations and
limited liability companies suspected of committing crimes
have been impeded by the lack of available beneficial
ownership information, as documented in reports and testimony
by officials from the Department of Justice, the Department
of Homeland Security, the Financial Crimes Enforcement
Network of the Department of the Treasury, the Internal
Revenue Service, and the Government Accountability Office,
and others.
(6) In July 2006, a leading international anti-money
laundering organization, the Financial Action Task Force on
Money Laundering (in this section referred to as the
``FATF''), of which the United States is a member, issued a
report that criticizes the United States for failing to
comply with a FATF standard on the need to collect beneficial
ownership information and urged the United States to correct
this deficiency by July 2008.
(7) In response to the FATF report, the United States has
repeatedly urged the States to strengthen their incorporation
practices by obtaining beneficial ownership information for
the corporations and limited liability companies formed under
the laws of such States.
(8) Many States have established automated procedures that
allow a person to form a new corporation or limited liability
company within the State within 24 hours of filing an online
application, without any prior review of the application by a
State official. In exchange for a substantial fee, 2 States
will form a corporation within 1 hour of a request.
(9) Dozens of Internet websites highlight the anonymity of
beneficial owners allowed under the incorporation practices
of some States, point to those practices as a reason to
incorporate in those States, and list those States together
with offshore jurisdictions as preferred locations for the
formation of new corporations, essentially providing an open
invitation to criminals and other wrongdoers to form entities
within the United States.
[[Page 6925]]
(10) In contrast to practices in the United States, all
countries in the European Union are required to identify the
beneficial owners of the corporations they form.
(11) To reduce the vulnerability of the United States to
wrongdoing by United States corporations and limited
liability companies with unknown owners, to protect
interstate and international commerce from criminals misusing
United States corporations and limited liability companies,
to strengthen law enforcement investigations of suspect
corporations and limited liability companies, to set minimum
standards for and level the playing field among State
incorporation practices, and to bring the United States into
compliance with its international anti-money laundering
obligations, Federal legislation is needed to require the
States to obtain beneficial ownership information for the
corporations and limited liability companies formed under the
laws of such States.
SEC. 3. TRANSPARENT INCORPORATION PRACTICES.
(a) Transparent Incorporation Practices.--
(1) In general.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following:
``SEC. 2009. TRANSPARENT INCORPORATION PRACTICES.
``(a) Incorporation Systems.--
``(1) In general.--To protect the security of the United
States, each State that receives funding from the Department
under section 2004 shall, not later than the beginning of
fiscal year 2012, use an incorporation system that meets the
following requirements:
``(A) Each applicant to form a corporation or limited
liability company under the laws of the State is required to
provide to the State during the formation process a list of
the beneficial owners of the corporation or limited liability
company that--
``(i) identifies each beneficial owner by name and current
address; and
``(ii) if any beneficial owner exercises control over the
corporation or limited liability company through another
legal entity, such as a corporation, partnership, or trust,
identifies each such legal entity and each such beneficial
owner who will use that entity to exercise control over the
corporation or limited liability company.
``(B) Each corporation or limited liability company formed
under the laws of the State is required by the State to
update the list of the beneficial owners of the corporation
or limited liability company by providing the information
described in subparagraph (A)--
``(i) in an annual filing with the State; or
``(ii) if no annual filing is required under the law of
that State, each time a change is made in the beneficial
ownership of the corporation or limited liability company.
``(C) Beneficial ownership information relating to each
corporation or limited liability company formed under the
laws of the State is required to be maintained by the State
until the end of the 5-year period beginning on the date that
the corporation or limited liability company terminates under
the laws of the State.
``(D) Beneficial ownership information relating to each
corporation or limited liability company formed under the
laws of the State shall be provided by the State upon receipt
of--
``(i) a civil or criminal subpoena or summons from a State
agency, Federal agency, or congressional committee or
subcommittee requesting such information; or
``(ii) a written request made by a Federal agency on behalf
of another country under an international treaty, agreement,
or convention, or section 1782 of title 28, United States
Code.
``(2) Non-united states beneficial owners.--To further
protect the security of the United States, each State that
accepts funding from the Department under section 2004 shall,
not later than the beginning of fiscal year 2012, require
that, if any beneficial owner of a corporation or limited
liability company formed under the laws of the State is not a
United States citizen or a lawful permanent resident of the
United States, each application described in paragraph (1)(A)
and each update described in paragraph (1)(B) shall include a
written certification by a formation agent residing in the
State that the formation agent--
``(A) has verified the name, address, and identity of each
beneficial owner that is not a United States citizen or a
lawful permanent resident of the United States;
``(B) has obtained for each beneficial owner that is not a
United States citizen or a lawful permanent resident of the
United States a copy of the page of the government-issued
passport on which a photograph of the beneficial owner
appears;
``(C) will provide proof of the verification described in
subparagraph (A) and the photograph described in subparagraph
(B) upon request; and
``(D) will retain information and documents relating to the
verification described in subparagraph (A) and the photograph
described in subparagraph (B) until the end of the 5-year
period beginning on the date that the corporation or limited
liability company terminates, under the laws of the State.
``(b) Penalties for False Beneficial Ownership
Information.--In addition to any civil or criminal penalty
that may be imposed by a State, any person who affects
interstate or foreign commerce by knowingly providing, or
attempting to provide, false beneficial ownership information
to a State, by intentionally failing to provide beneficial
ownership information to a State upon request, or by
intentionally failing to provide updated beneficial ownership
information to a State--
``(1) shall be liable to the United States for a civil
penalty of not more than $10,000; and
``(2) may be fined under title 18, United States Code,
imprisoned for not more than 3 years, or both.
``(c) Funding Authorization.--To carry out this section--
``(1) a State may use all or a portion of the funds made
available to the State under section 2004; and
``(2) the Administrator may use funds appropriated to carry
out this title, including unobligated or reprogrammed funds,
to enable a State to obtain and manage beneficial ownership
information for the corporations and limited liability
companies formed under the laws of the State, including by
funding measures to assess, plan, develop, test, or implement
relevant policies, procedures, or system modifications.
``(d) State Compliance Report.--Nothing in this section
authorizes the Administrator to withhold from a State any
funding otherwise available to the State under section 2004
because of a failure by that State to comply with this
section. Not later than June 1, 2013, the Comptroller General
of the United States shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report identifying which States are in
compliance with this section and, for any State not in
compliance, what measures must be taken by that State to
achieve compliance with this section.
``(e) Definitions.--In this section:
``(1) Beneficial owner.--The term `beneficial owner' means
an individual who has a level of control over, or entitlement
to, the funds or assets of a corporation or limited liability
company that, as a practical matter, enables the individual,
directly or indirectly, to control, manage, or direct the
corporation or limited liability company.
``(2) Corporation; limited liability company.--The terms
`corporation' and `limited liability company'--
``(A) have the meanings given such terms under the laws of
the applicable State;
``(B) do not include any business concern that is an issuer
of a class of securities registered under section 12 of the
Securities Exchange Act of 1934 (15 U.S.C. 781) or that is
required to file reports under section 15(d) of that Act (15
U.S.C. 78o(d)), or any corporation or limited liability
company formed by such a business concern;
``(C) do not include any business concern formed by a
State, a political subdivision of a State, under an
interstate compact between 2 or more States, by a department
or agency of the United States, or under the laws of the
United States; and
``(D) do not include any individual business concern or
class of business concerns which a State, after obtaining the
written concurrence of the Administrator and the Attorney
General of the United States, has determined in writing
should be exempt from the requirements of subsection (a),
because requiring beneficial ownership information from the
business concern would not serve the public interest and
would not assist law enforcement efforts to detect, prevent,
or punish terrorism, money laundering, tax evasion, or other
misconduct.
``(3) Formation agent.--The term `formation agent' means a
person who, for compensation, acts on behalf of another
person to assist in the formation of a corporation or limited
liability company under the laws of a State.''.
(2) Table of contents.--The table of contents in section 1
of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by inserting after the item relating to section
2008 the following:
``Sec. 2009. Transparent incorporation practices.''.
(b) Effect on State Law.--
(1) In general.--This Act and the amendments made by this
Act do not supersede, alter, or affect any statute,
regulation, order, or interpretation in effect in any State,
except where a State has elected to receive funding from the
Department of Homeland Security under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605), and then only
to the extent that such State statute, regulation, order, or
interpretation is inconsistent with this Act or an amendment
made by this Act.
(2) Not inconsistent.--A State statute, regulation, order,
or interpretation is not inconsistent with this Act or an
amendment made by this Act if such statute, regulation,
order, or interpretation--
(A) requires additional information, more frequently
updated information, or additional measures to verify
information related to a corporation, limited liability
company, or beneficial owner, than is specified under this
Act or an amendment made by this Act; or
[[Page 6926]]
(B) imposes additional limits on public access to the
beneficial ownership information obtained by the State than
is specified under this Act or an amendment made by this Act.
SEC. 4. ANTI-MONEY LAUNDERING OBLIGATIONS OF FORMATION
AGENTS.
(a) Anti-Money Laundering Obligations of Formation
Agents.--Section 5312(a)(2) of title 31, United States Code,
is amended--
(1) in subparagraph (Y), by striking ``or'' at the end;
(2) by redesignating subparagraph (Z) as subparagraph (AA);
and
(3) by inserting after subparagraph (Y) the following:
``(Z) any person involved in forming a corporation, limited
liability company, partnership, trust, or other legal entity;
or''.
(b) Deadline for Anti-Money Laundering Rule for Formation
Agents.--
(1) Proposed rule.--Not later than 90 days after the date
of enactment of this Act, the Secretary of the Treasury, in
consultation with the Attorney General of the United States,
the Secretary of Homeland Security, and the Commissioner of
the Internal Revenue Service, shall publish a proposed rule
in the Federal Register requiring persons described in
section 5312(a)(2)(Z) of title 31, United States Code, as
amended by this section, to establish anti-money laundering
programs under subsection (h) of section 5318 of that title.
(2) Final rule.--Not later than 270 days after the date of
enactment of this Act, the Secretary of the Treasury shall
publish the rule described in this subsection in final form
in the Federal Register.
SEC. 5. STUDY AND REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study and submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report--
(1) identifying each State that has procedures that enable
persons to form or register under the laws of the State
partnerships, trusts, or other legal entities, and the nature
of those procedures;
(2) identifying each State that requires persons seeking to
form or register partnerships, trusts, or other legal
entities under the laws of the State to provide information
about the beneficial owners (as that term is defined in
section 2009 of the Homeland Security Act of 2002, as added
by this Act) or beneficiaries of such entities, and the
nature of the required information;
(3) evaluating whether the lack of available beneficial
ownership information for partnerships, trusts, or other
legal entities--
(A) raises concerns about the involvement of such entities
in terrorism, money laundering, tax evasion, securities
fraud, or other misconduct; and
(B) has impeded investigations into entities suspected of
such misconduct; and
(4) evaluating whether the failure of the United States to
require beneficial ownership information for partnerships and
trusts formed or registered in the United States has elicited
international criticism and what steps, if any, the United
States has taken or is planning to take in response.
____
Summary of Levin-Grassley-McCaskill Incorporation Transparency and Law
Enforcement Assistance Act
To protect the United States from U.S. corporations being
misused to commit terrorism, money laundering, tax evasion,
or other misconduct, the Incorporation Transparency and Law
Enforcement Assistance Act would:
Beneficial Ownership Information. Require the States to
obtain a list of the beneficial owners of each corporation or
limited liability company (LLC) formed under their laws,
ensure this information is updated annually, and provide the
information to civil or criminal law enforcement upon receipt
of a subpoena or summons.
Non-U.S. Beneficial Owners. Require corporations and LLCs
with non-U.S. beneficial owners to provide a certification
from an in-state formation agent that the agent has verified
the identity of those owners.
Penalties for False Information. Establish civil and
criminal penalties under federal law for persons who
knowingly provide false beneficial ownership information or
intentionally fail to provide required beneficial ownership
information to a State.
Exemptions. Provide exemptions for certain corporations,
including publicly traded corporations and the corporations
and LLCs they form, since the Securities and Exchange
Commission already oversees them; and corporations which a
State has determined, with concurrence from the Homeland
Security and Justice Departments, should be exempt because
requiring beneficial ownership information from them would
not serve the public interest or assist law enforcement.
Funding. Authorize States to use an existing DHS grant
program, and authorize DHS to use already appropriated funds,
to meet the requirements of this Act.
State Compliance Report. Clarify that nothing in the Act
authorizes DHS to withhold funds from a State for failing to
comply with the beneficial ownership requirements. Require a
GAO report by 2013 identifying which States are not in
compliance so that a future Congress can determine at that
time what steps to take.
Transition Period. Give the States until October 2012 to
require beneficial ownership information for the corporations
and LLCs formed under their laws.
Anti-Money Laundering Rule. Require the Treasury Secretary
to issue a rule requiring formation agents to establish anti-
money laundering programs to ensure they are not forming U.S.
corporations or other entities for criminals or other suspect
persons.
GAO Study. Require GAO to complete a study of State
beneficial ownership information requirements for in-state
partnerships and trusts.
Mr. GRASSLEY. Mr. President, I rise to speak on the same bill the
Senator from Michigan spoke on, but I ought to compliment him. He is
most known for being a leader in the area of military affairs because
of being chairman of that committee. But for sure, for years he has
been also a chairman of the Permanent Subcommittee on Investigations
and so much of the work that comes out of this legislation comes out of
his work on that committee. I think he ought to be commended for the
work he does through investigations there as well.
I am happy to join Senator Levin and Senator McCaskill in
cosponsoring the Incorporation Transparency and Law Enforcement
Assistance Act. This bill requires States to obtain corporate ownership
information at the time of formation and help law enforcement
investigate shell companies which are set up for the sole purpose of
conducting illegal activities.
Earlier this year, Senator Levin joined me when I introduced a bill
that we entitled the Hedge Fund Transparency Act. I said then that the
major cause of the current financial crisis is a lack of transparency
among hedge funds. That same thing can be said about corporate
ownership. In too many States, very little ownership information is
needed to register a corporation, and the actual owners of that
corporation are often hidden behind the agents and lawyers who register
the corporation on behalf of owners.
One example of how these criminals take advantage of this lack of
transparency is the practice of setting up and using shell corporations
to hide corporate ownership information. These individuals set up shell
corporations that have the benefits of corporate registration and
function legitimately. But these same corporations are being used to
hide illegal activities. These activities include a variety of
elaborate schemes to disguise money laundering, tax evasion, and
securities fraud. Law enforcement officials from the Department of
Justice and the Internal Revenue Service have testified before Congress
about how the lack of corporate information has been a very significant
impediment to their ability to conduct criminal investigations.
For example, when a corporation is involved in illegal activities,
the legitimate corporate owners are often hidden, making it difficult
for law enforcement agencies to determine who is actually responsible.
That, in turn, makes it difficult to bring the real culprits to
justice. States differ as to what corporate information is required to
register a corporation and how long it takes to process that paperwork.
Most States require only the name of the company, the name and address
of the agent, a signature, and, of course, a fee.
In fact, the Government Accountability Office found that most States
will take the time to verify that the fee has been paid but do not take
the time to verify the identities of the incorporators, officers, and
directors. Perhaps even more important, no State checks the names of
incorporators, officers, or directors against criminal records and the
watch lists that sometimes Federal agencies have. As a result, we have
no way of knowing if the beneficial owners are criminals, or they could
even be terrorists, for that matter. Many States now have introduced
electronic registration procedures that enable a new corporation to be
registered on line within 24 hours. States offer this expedited service
in exchange for yet an additional fee. In fact, there are two States
where an individual can form a corporation within 1 hour of making the
request. The
[[Page 6927]]
promise of quick registration and little oversight has proven to be a
very popular revenue generator for some States. But this process is not
necessarily in the best interest of protecting our financial system or
our national security.
Some States have raised concerns that if their incorporation laws are
tightened, corporations will simply register in other States where
there are less stringent registration requirements. This bill is to
take care of that problem. It is designed to bring some sanity to this
whole process. It makes the registration requirement uniform over all
50 States, as well as the District of Columbia. This way corporations
will simply not be able to ``shop around'' for the State with the most
relaxed standards and simply play one State against the other. Further,
much of the information set forth in this bill is already required by
the European Union and many offshore jurisdictions. This bill simply
updates our laws to match those of other nations combating the same
problems with money laundering, tax evasion, and terrorist financing.
The legislation I am introducing today with Senators Levin and
McCaskill requires that States obtain a list of the beneficial owners
of each corporation or limited liability company formed under their
laws before the corporation is registered in that particular State. The
bill also requires that States ensure required information is updated
annually and that States provide the information to civil or criminal
law enforcement agencies upon receipt of a subpoena or summons. This
also establishes a civil penalty of up to $10,000 and a criminal
penalty of up to 3 years in prison for providing false information.
Additionally, the bill would exempt publicly traded companies that
are already regulated by the Securities and Exchange Commission.
Further, the bill requires non-U.S. beneficial owners to provide
certification from an in-State agent that verifies the identity of the
beneficial owner.
Finally, this bill requires the Government Accountability Office to
complete a study of State beneficial ownership information requirements
for in-State partnerships and trusts and gives the States until October
2011 to require beneficial ownership information for the corporations
and limited liability companies formed under their laws.
I urge colleagues to cosponsor and support this legislation as we try
to bring greater transparency to our financial system.
______
By Mr. WEBB (for himself, Mr. Brown, Mr. Vitter, Mr. Wicker, Mrs.
Boxer, Mr. Nelson of Nebraska, and Mrs. Lincoln):
S. 572. A bill to provide for the issuance of a ``forever stamp'' to
honor the sacrifices of the brave men and women of the armed forces who
have been awarded the Purple Heart; to the Committee on Homeland
Security and Governmental Affairs.
Mr. WEBB. Madam President, I have introduced a bill that will create
a perpetual Purple Heart stamp. I cannot think of any other stamp or
any other area for a perpetual stamp that is more deserving than this
award which recognizes sacrifice on the battlefield.
The original cosponsors of this legislation are Senators Brown,
Vitter, Wicker, Boxer, Lincoln, and Ben Nelson of Nebraska. The Purple
Heart is the oldest continually authorized U.S. military decoration. It
was created as a badge of military merit by George Washington in 1782.
The original Purple Hearts were awarded to three soldiers in the
Continental Army who had shown outstanding courage during the
Revolutionary War. In 1931, Army Chief of Staff Douglas MacArthur
commissioned work on a new design for the Purple Heart to coincide with
the then upcoming 200th anniversary of President Washington's birth.
President Hoover's War Department authorized the award for wounds
received by Army personnel in action or for meritorious service dating
back to World War I. On February 22, 1932, General MacArthur became its
first recipient. In December of 1942, the Purple Heart was extended to
all branches of service, but the criteria were then strictly limited to
those we know today; that is, to be awarded to those who are wounded or
killed during direct combat with the enemies of the United States. More
than 1.7 million Americans of every race, color, creed and from all 50
States have received the Purple Heart in honor of their sacrifice on
our Nation's battlefields.
This is the only U.S. military decoration for which there is no
recommendation. It is simply earned through bloodshed for our country.
In 2003, the Postal Service honored recipients of this award by
commissioning a first-class Purple Heart stamp in a ceremony at the
home of George Washington in Mount Vernon, VA. The image used for this
stamp is a photograph of one of the two Purple Hearts received by
Marine LTC James Loftus Fowler of Alexandria, VA, which he received in
1968 as a battalion commander near the Ben Hai River in South Vietnam.
Since that first issuance in 2003, approximately 1.2 billion first-
class Purple Heart stamps have been sold, an average of 200 million a
year. At the new first-class rate of 44 cents, which is taking place in
May, that is approximately $88 million a year in revenue for the U.S.
Government.
This yearly sales rate is equal to or greater than the sales of even
the most popular commemorative stamps issued during that period, stamps
bearing such American icons as Supreme Court Justice Thurgood Marshall,
singer Frank Sinatra, and the classic Disney characters.
In 2007, the Postal Service created the first ``forever'' stamp, a
stamp which, no matter when it was purchased, would be good for first-
class postage on the day it was used. The image they chose was an image
as old and venerable and quintessentially American as the Purple
Heart--the Liberty Bell. According to a Postal Service press release,
since its first issuance in April of 2007, more than 6 billion forever
Liberty Bell stamps have been sold. This is an order of magnitude
greater than any other single stamp sold in the United States,
generating revenue of $2 billion.
Clearly, the volume of sales of forever stamps is a win for the
Postal Service, which is facing a shortfall in future revenues, and a
win in terms of the value delivered to the people who want to use them.
In creating the first Purple Heart, General Washington said:
Let it be known that he who wears the military order of the
Purple Heart has given of his blood in defense of his
homeland and shall forever be revered by his fellow
countrymen.
George Washington intended that the Nation he helped found would
forever revere those who wear the Purple Heart as a symbol of the
sacrifice they have given in our Nation's defense.
As a recipient of the Purple Heart in Vietnam as a Marine, I believe
that making the Purple Heart stamp a forever stamp is the most
appropriate way to honor the past and future recipients of our Nation's
oldest military decoration.
I hope my colleagues will join me in this legislation.
______
By Mr. AKAKA (for himself, Mr. Voinovich, Mr. Carper, Mr. Levin,
Mrs. McCaskill, and Mr. Tester):
S. 574. A bill to enhance citizen access to Government information
and services by establishing that Government documents issued to the
public must be written clearly, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
Mr. AKAKA. Mr. President, I rise today to introduce the Plain Writing
Act of 2009. I am pleased that Senators George Voinovich, Tom Carper
Carl Levin, Claire McCaskill, and Jon Tester have joined as original
co-sponsors of this legislation.
Our bill is very similar to H.R. 946, introduced by Representative
Bruce Braley last month.
The Plain Writing Act has a simple purpose: it would require the
Federal Government to write more clearly. Agencies would be required to
write
[[Page 6928]]
documents that are released to the public in a way that is clear,
concise, well-organized, readily understandable.
This bill would extend an initiative that President Bill Clinton and
Vice President Al Gore started a decade ago as part of the Reinventing
Government initiative. In 1998, President Clinton directed agencies to
write in plain language. Although many agencies have made progress in
writing more clearly, the requirement never was fully implemented. In
recent years, the focus on plain writing has dropped. This legislation
will renew that focus.
There are many benefits to plain writing. First, it promotes
transparency and accountability. It is very difficult to hold the
Federal Government accountable for its actions if only lawyers can
understand Government writing. As we face an economic crisis and
unprecedented budget deficits, the American people need clear
explanations of Government actions.
Plain writing also improves customer service. Individuals and
businesses waste time and money, and make unnecessary errors, because
Government instructions, forms, and other documents are too
complicated. Anyone who has filled out their own tax forms,
applications for Federal financial aid or veterans' benefits, Medicare
forms, or any number of other overly complicated Federal forms
understands the need for plain writing.
Government officials, in turn, spend time and money answering
questions and addressing complaints from people frustrated with
Government documents they cannot understand. Correcting the errors
people make because they do not understand Government documents demands
Government officials' time as well. Because of this, plain writing
makes Government more efficient and effective.
Numerous organizations have called on Congress to require the Federal
Government to write more clearly, including the AARP, Disabled American
Veterans, National Small Business Association, Small Business
Legislative Council, Women Impacting Public Policy, American Nurses
Association, American Library Association, American Association of Law
Libraries, and several associations dedicated to promoting better
communication. These groups support plain writing because their members
complain about their frustration with trying to understand Government
documents--or hiring attorneys to decipher them--and the time and money
they waste because the Government does not write plainly.
As a former teacher and principal, I understand that even very smart
people must be trained to write plainly, so this bill recognizes that
Federal Employees will need plain writing training. Each agency will
report their plans to train employees in plain writing. Writing in
plain, clear, concise, and easily understandable language is a skill
that Congress and Federal agencies must foster. As Thomas Jefferson
once said, ``The most valuable of all talents is that of never using
two words when one will do.''
Additionally, congressional oversight will ensure that agencies
implement the plain language requirements. Agencies will be required to
designate a senior official responsible for implementing plain language
requirements and to report to Congress how it will ensure compliance
with the plain language requirement and on its progress.
To avoid imposing too great a burden on agencies, agencies will not
be required to rewrite existing documents. Only new or substantially
revised documents will be covered. Similarly, this bill does not cover
regulations, so that agencies can focus first on improving their every
day communications with the American people. We recognize that it will
be more challenging to write plainly when crafting regulations, which
often must be technical and complex.
Requiring plain writing is an important step in improving the way the
Federal Government communicates with the American people.
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
placed in the Record, as follows:
S. 574
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 ``Plain Writing Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness and
accountability of Federal agencies to the public by promoting
clear Government communication that the public can understand
and use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency,
as defined under section 105 of title 5, United States Code.
(2) Covered document.--The term ``covered document'' means
any document (other than a regulation) issued by an agency to
the public, including documents and other text released in
electronic form.
(3) Plain writing.--The term ``plain writing'' means
writing that the intended audience can readily understand and
use because that writing is clear, concise, well-organized,
and follows other best practices of plain writing.
SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Requirement to Use Plain Writing in New Documents.--Not
later than 1 year after the date of enactment of this Act,
each agency shall use plain writing in every covered document
of the agency issued or substantially revised.
(b) Guidance.--
(1) In general.--
(A) Development.--Not later than 6 months after the date of
enactment of this Act, the Office of Management and Budget
shall develop guidance on implementing the requirements of
subsection (a).
(B) Issuance.--The Office of Management and Budget shall
issue the guidance developed under subpargraph (A) to
agencies as a circular.
(2) Interim guidance.--Before the issuance of guidance
under paragraph (1), agencies may follow the guidance of--
(A) the writing guidelines developed by the Plain Language
Action and Information Network; or
(B) guidance provided by the head of the agency that is
consistent with the guidelines referred to under subparagraph
(A).
SEC. 5. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 6 months after the date
of enactment of this Act, the head of each agency shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives a report
that describes how the agency intends to meet the following
objectives:
(1) Communicating the requirements of this Act to agency
employees.
(2) Training agency employees in plain writing.
(3) Meeting the requirement under section 4(a).
(4) Ensuring ongoing compliance with the requirements of
this Act.
(5) Designating a senior official to be responsible for
implementing the requirements of this Act.
(b) Annual and Other Reports.--
(1) Agency reports.--
(A) In general.--The head of each agency shall submit
reports on compliance with this Act to the Office of
Management and Budget.
(B) Submission dates.--The Office of Management and Budget
shall notify each agency of the date each report under
subparagraph (A) is required for submission to enable the
Office of Management and Budget to meet the requirements of
paragraph (2).
(2) Reports to congress.--The Office of Management and
Budget shall review agency reports submitted under paragraph
(1) using the guidance issued under section 4(b)(1)(B) and
submit a report on the progress of agencies to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the
House of Representatives--
(A) annually for the first 2 years after the date of
enactment of this Act; and
(B) once every 3 years thereafter.
____________________
AUTHORITY FOR COMMITTEES TO MEET
Committee on Homeland Security and Governmental Affairs
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Homeland Security and Governmental Affairs be authorized to meet
during the session of the Senate on Wednesday, March 11, 2009, at 9:30
a.m. to conduct a hearing entitled ``Violent Islamist Extremism: al-
Shabaab Recruitment in America.''
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Rules and Administration
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on Rules and Administration be
[[Page 6929]]
authorized to meet during the session of the Senate on Wednesday, March
11, 2009, at 10 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
Subcommittee on the Constitution
Mr. BAUCUS. Mr. President, I ask unanimous consent that the Committee
on the Judiciary, Subcommittee on the Constitution be authorized to
meet during the session of the Senate, to conduct a hearing entitled
``S.J. Res. 7 and H.J. Res. 21: A Constitutional Amendment Concerning
Senate Vacancies'' on Wednesday, March 11, 2009, at 10 a.m., in room
SH-216 of the Hart Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
EXTENSION OF CERTAIN IMMIGRATION PROGRAMS
Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 1127, which was received
from the House.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 1127) to extend certain immigration programs.
There being no objection, the Senate proceeded to consider the bill.
Mr. CARDIN. Mr. President, I ask unanimous consent that the bill be
read three times and passed; that the motion to reconsider be laid upon
the table, with no intervening action or debate, and that any
statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 1127) was ordered to a third reading, was read the
third time, and passed.
____________________
CONGRATULATING LITHUANIA ON ITS 1000TH ANNIVERSARY
Mr. CARDIN. Mr. President, I ask unanimous consent that the Foreign
Relations Committee be discharged from further consideration of S. Res.
70, and that the Senate then proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 70) congratulating the people of the
Republic of Lithuania on the 1000th anniversary of Lithuania
and celebrating the rich history of Lithuania.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. DURBIN. Mr. President, today I wish to recognize an important
moment for the people of Lithuania. Last month, Lithuania celebrated
its 1000 year anniversary.
Along with my distinguished colleagues, Senator Voinovich from Ohio
and Senator Feinstein from California, I have submitted a commemorative
resolution for this occasion.
As the birthplace of my mother, who came to the United States from
Lithuania with her parents when she was just 2 years old, Lithuania
holds a special place in my heart.
One thousand years sounds like a long time, especially in our
relatively young United States. But historians have noted that the name
of the area now known as Lithuania first appeared in European records,
in the German Annals of Quedlinburg.
Traditions of Lithuanian statehood date back to the early Middle
Ages, when Duke Mindaugas united an assortment of Baltic Tribes to
defend themselves from attacks by the Teutonic Knights. From these
early roots, Lithuania grew to encompass territory stretching from the
Baltic Sea to the Black Sea by the end of the 14th century.
This nation, which once was the largest in Europe, has seen
extraordinary struggles during the last century. It suffered 50 years
of occupation, by both Nazi and Soviet forces.
Throughout that time, the U.S. Congress stood in support of Lithuania
and its Baltic neighbors, Estonia and Latvia, and refused to recognize
the Soviet occupation. In 2007, the United States and Lithuania
celebrated 85 years of continuous diplomatic relations.
Today, Lithuania is a thriving free-market democracy and a strong
ally of the United States. As a member of the European Union and NATO,
Lithuania contributes to peace and security in Europe. Lithuania also
contributes to global stability and peace building through its
contributions to missions in Afghanistan, Iraq, Bosnia, Kosovo and
Georgia.
When I traveled to Lithuania a few years ago and visited the village
of my mother and grandparents, I was welcomed warmly by President
Adamkus, who I have known for many years, and the people of Lithuania.
I was so proud, not only to see my family's roots, but to see how far
Lithuania has come, despite the many difficulties it endured in the
last century.
I congratulate President Adamkus, Foreign Minister Usackas, and the
people of Lithuania on this historic occasion.
Mr. CARDIN. Mr. President, I ask unanimous consent that the
resolution be agreed to, the preamble be agreed to, the motions to
reconsider be laid upon the table, with no intervening action or
debate, and any statements related to the resolution be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 70) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 70
Whereas the name ``Lithuania'' first appeared in European
records in the year 1009, when it was mentioned in the German
manuscript ``Annals of Quedlinburg'';
Whereas Duke Mindaugas united various Baltic tribes and
established the state of Lithuania during the period between
1236 and 1263;
Whereas, by the end of the 14th century, Lithuania was the
largest country in Europe, encompassing territory from the
Baltic Sea to the Black Sea;
Whereas Vilnius University was founded in 1579 and remained
the easternmost university in Europe for 200 years;
Whereas the February 16, 1918 Act of Independence of
Lithuania led to the establishment of Lithuania as a
sovereign and democratic state;
Whereas, under the cover of the Molotov-Ribbentrop Pact, on
June 17, 1940, Latvia, Estonia and Lithuania were forcibly
incorporated into the Soviet Union in violation of pre-
existing peace treaties;
Whereas, during 50 years of Soviet occupation of the Baltic
states, Congress strongly, consistently, and on a bipartisan
basis refused to legally recognize the incorporation of
Latvia, Estonia, and Lithuania by the Soviet Union;
Whereas, on March 11, 1990, the Republic of Lithuania was
restored and Lithuania became the first Soviet republic to
declare independence;
Whereas on September 2, 1991, the United States Government
formally recognized Lithuania as an independent and sovereign
nation;
Whereas Lithuania has successfully developed into a free
and democratic country, with a free market economy and
respect for the rule of law;
Whereas Lithuania is a full and responsible member of the
United Nations, the Organization for Security and Cooperation
in Europe, the European Union, and the North Atlantic Treaty
Organization;
Whereas in 2007, the United States Government and the
Government of Lithuania celebrated 85 years of continuous
diplomatic relations;
Whereas the United States Government welcomes and
appreciates efforts by the Government of Lithuania to
maintain international peace and stability in Europe and
around the world by contributing to international civilian
and military operations in Afghanistan, Iraq, Bosnia, Kosovo,
and Georgia; and
Whereas Lithuania is a strong and loyal ally of the United
States, and the people of Lithuania share common values with
the people of the United States: Now, therefore, be it
Resolved, That the Senate--
(1) congratulates the people of the Republic of Lithuania
on the occasion of the 1000th anniversary of Lithuania;
(2) commends the Government of Lithuania for its success in
implementing political and economic reforms, for establishing
political, religious, and economic freedom, and for its
commitment to human rights; and
(3) recognizes the close and enduring relationship between
the United States Government and the Government of Lithuania.
[[Page 6930]]
____________________
MEASURE READ THE FIRST TIME--S. 570
Mr. CARDIN. Mr. President, I understand that there is a bill at the
desk, and I ask for its first reading.
The PRESIDING OFFICER. The clerk will report the bill by title for
the first time.
The assistant legislative clerk read as follows:
A bill (S. 570) to stimulate the economy and create jobs at
no cost to the taxpayers, and without borrowing money from
foreign governments for which our children and grandchildren
will be responsible, and for other purposes.
Mr. CARDIN. Mr. President, I now ask for a second reading, and in
order to place the bill on the calendar, under the provisions of rule
XIV, I object to my own request.
The PRESIDING OFFICER. Objection is heard. The bill will be read for
the second time on the next legislative day.
____________________
APPOINTMENTS
The PRESIDING OFFICER. The Chair, on behalf of the President pro
tempore, pursuant to Public Law 100-696, appoints the Senator from
Alaska, Ms. Murkowski, as a member of the United States Capitol
Preservation Commission.
The Chair announces, on behalf of the Republican leader, pursuant to
Public Law 101-509, the appointment of Terry Birdwhistell, of Kentucky,
to the Advisory Committee on the Records of Congress.
____________________
ORDERS FOR THURSDAY, MARCH 12, 2009
Mr. CARDIN. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it adjourn until 11 a.m.,
Thursday, March 12; that following the prayer and pledge, the Journal
of proceedings be approved to date, the morning hour be deemed expired,
the time for the two leaders be reserved for their use later in the
day, and that the Senate proceed to a period of morning business until
12 noon, with Senators permitted to speak for up to 10 minutes each;
further, that following morning business, the Senate proceed to
executive session under the previous order.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. CARDIN. Mr. President, under the previous order, the Senate will
vote at 2 p.m. on the confirmation of the nomination of David Ogden to
be the Deputy Attorney General. Tomorrow the Senate will also consider
the nomination of Thomas Perrelli to be Associate Attorney General.
That vote is expected to occur tomorrow afternoon.
____________________
ADJOURNMENT UNTIL 11 A.M. TOMORROW
Mr. CARDIN. Mr. President, if there is no further business to come
before the Senate, I ask unanimous consent the Senate adjourn under the
previous order.
There being no objection, the Senate, at 5:56 p.m., adjourned until
Thursday, March 12, 2009, at 11 a.m.
____________________
NOMINATIONS
Executive nominations received by the Senate:
ENVIRONMENTAL PROTECTION AGENCY
JONATHAN Z. CANNON, OF VIRGINIA, TO BE DEPUTY ADMINISTRATOR
OF THE ENVIRONMENTAL PROTECTION AGENCY, VICE MARCUS C.
PEACOCK, RESIGNED.
DEPARTMENT OF STATE
RICHARD RAHUL VERMA, OF MARYLAND, TO BE AN ASSISTANT
SECRETARY OF STATE (LEGISLATIVE AFFAIRS), VICE MATTHEW A.
REYNOLDS, RESIGNED.
ESTHER BRIMMER, OF THE DISTRICT OF COLUMBIA, TO BE AN
ASSISTANT SECRETARY OF STATE (INTERNATIONAL ORGANIZATION
AFFAIRS), VICE BRIAN H. HOOK, RESIGNED.
PHILIP H. GORDON, OF THE DISTRICT OF COLUMBIA, TO BE AN
ASSISTANT SECRETARY OF STATE (EUROPEAN AND EURASIAN AFFAIRS),
VICE DANIEL FRIED, RESIGNED.
IVO H. DAALDER, OF VIRGINIA, TO BE UNITED STATES PERMANENT
REPRESENTATIVE ON THE COUNCIL OF THE NORTH ATLANTIC TREATY
ORGANIZATION, WITH THE RANK AND STATUS OF AMBASSADOR
EXTRAORDINARY AND PLENIPOTENTIARY.
KARL WINFRID EIKENBERRY, OF FLORIDA, TO BE AMBASSADOR
EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF
AMERICA TO THE ISLAMIC REPUBLIC OF AFGHANISTAN.
CHRISTOPHER R. HILL, OF RHODE ISLAND, A CAREER MEMBER OF
THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER, TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF IRAQ.
MELANNE VERVEER, OF THE DISTRICT OF COLUMBIA, TO BE
AMBASSADOR AT LARGE FOR WOMEN'S GLOBAL ISSUES.
DEPARTMENT OF HOMELAND SECURITY
IVAN K. FONG, OF OHIO, TO BE GENERAL COUNSEL, DEPARTMENT OF
HOMELAND SECURITY, VICE PHILIP J. PERRY, RESIGNED.
DEPARTMENT OF VETERANS AFFAIRS
W. SCOTT GOULD, OF THE DISTRICT OF COLUMBIA, TO BE DEPUTY
SECRETARY OF VETERANS AFFAIRS, VICE GORDON H. MANSFIELD,
RESIGNED.
IN THE NAVY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:
To be rear admiral
REAR ADM. (LH) MICHAEL W. BROADWAY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:
To be rear admiral
REAR ADM. (LH) SEAN F. CREAN
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:
To be rear admiral
REAR ADM. (LH) PATRICK E. MCGRATH
REAR ADM. (LH) JOHN G. MESSERSCHMIDT
REAR ADM. (LH) MICHAEL M. SHATYNSKI
[[Page 6931]]
HOUSE OF REPRESENTATIVES--Wednesday, March 11, 2009
The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Mr. Pastor of Arizona).
____________________
DESIGNATION OF THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
March 11, 2009.
I hereby appoint the Honorable Ed Pastor to act as Speaker
pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
The freedom we enjoy and defend seems to be rooted in our realization
that we are created in Your divine image and redeemed by Your revealed
love.
So, we are bold enough to turn to You and speak to You, Lord God, as
children who are most secure in knowing ourselves; yet trusting in Your
gracious care.
With our childish problems, in a world we have created for ourselves,
we ask and we receive. You offer wisdom and counsel. In our adolescent
difficulties, we seek and we find ways that You show us and empower us.
Be unto us attentive, gracious and forgiving on another day; that as
Your free children we may come to know the fullness of Your presence
and glory now and forever. Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentlewoman from Pennsylvania (Ms.
Schwartz) come forward and lead the House in the Pledge of Allegiance.
Ms. SCHWARTZ led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The Chair will entertain up to 10 requests for 1-minute speeches on
each side of the aisle.
____________________
HEALTH CARE REFORM
(Ms. SCHWARTZ asked and was given permission to address the House for
1 minute and to revise and extend her remarks.)
Ms. SCHWARTZ. Last week, the White House Forum on Health Reform was a
critical step forward ensuring that all Americans have access to high-
quality, affordable health care. Particularly important was a growing
consensus among all stakeholders that we must reform our health care
delivery and financing system to maximize efficiency, improve health
care quality and outcomes and contain costs.
President Obama charged us, Members of Congress and all stakeholders,
to find a uniquely American solution to this challenge. To contain
costs and expand access, we must engage patients in their care and
realign our health care system to enhance primary care, to better
coordinate care for patients with chronic conditions, to provide for
meaningful use of health information technology and to apply clinical
best practices, all of which will reduce costs and save lives.
Without these innovations, any effort at expanding health care
coverage will be unsustainable. This work will be difficult and
complex. But we are compelled to act, both to meet the needs of
millions of uninsured and underinsured Americans and for our economic
competitiveness.
____________________
NUCLEAR WASTE AND DRINKING WATER
(Mr. KIRK asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. KIRK. Today's Chicago Tribune includes a report by Michael
Hawthorne that the administration has decided not to move nuclear waste
from the Great Lakes. This leaves thousands of tons of plutonium and
other transuranic poisons in outdated storage facilities next to the
drinking water of 30 million Americans and millions of Canadians. What
would happen if plutonium leaked into the Great Lakes? It would
contaminate 95 percent of America's fresh water for thousands of years.
We know that respected scientists would never recommend permanently
storing nuclear waste next to major lakes and rivers. But that is what
Senator Reid got our President to do. Under this administration, 35
States will have to permanently store plutonium and other poisons on
the Long Island Sound, in the Mississippi River basin and throughout
the Great Lakes. This policy writes the first chapter of an inevitable
environmental tragedy of biblical proportions that will hurt our
country for a very, very long time.
____________________
HEALTH CARE REFORM
(Mr. ALTMIRE asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. ALTMIRE. Mr. Speaker, for the first time in many years, this
Congress is moving forward with long overdue legislation to reform our
Nation's health care system. With 47 million Americans without health
insurance and costs rising well above the rate of inflation, health
reform is an issue that can no longer be ignored. Health care affects
every individual, every family and every business in America. Less than
half of all small businesses in this country can afford to offer health
insurance to their employees. Tens of millions of insured Americans
live in fear of losing their coverage due to skyrocketing health care
costs, and families are one accident or illness away from losing
everything.
Together we can put an end to the decades of roadblocks that have
prevented meaningful health care reform. Let us not let this
opportunity pass us by again.
____________________
HURTING AMERICANS SEE TOO MUCH GOVERNMENT SPENDING
(Mr. GARRETT of New Jersey asked and was given permission to address
the House for 1 minute and to revise and extend his remarks.)
Mr. GARRETT of New Jersey. Mr. Speaker, to Speaker Nancy Pelosi, I
say American taxpayers, American families, Americans are all hurting.
They are getting pink slips. They are seeing job layoffs. They are
seeing their wages cut. They are seeing their wages go down. They are
seeing their income go down. And what do they see out of this House in
Washington they are seeing spending going through the roof. They are
seeing 10 percent increases on top of other 10 percent increases. They
are seeing more than
[[Page 6932]]
one-quarter of the Nation's growth and wealth all being sucked right
into this Nation's Capital and spent in this city.
Mr. Speaker, the American people did indeed vote for a change. But
this is not what they were hoping for.
____________________
H.R. 759 WILL ENSURE A SAFE FOOD SUPPLY
(Mr. STUPAK asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. STUPAK. Mr. Speaker, as chairman of the Energy and Commerce
Committee's Subcommittee on Oversight and Investigations, I have held
nine hearings to examine the safety and security of our Nation's food
supply over the past 2 years. A recent peanut butter salmonella
outbreak is just the latest in a string of food-borne illnesses that
affects 76 million Americans every year. For this reason, I joined with
my colleagues, Chairmen Dingell and Pallone, to introduce H.R. 759, the
Food and Drug Administration Globalization Act of 2009.
H.R. 759 would give the FDA not only the financial resources, but
also the regulatory tools to ensure the safety of food we eat and the
drugs we take. If this legislation would have been in place, the FDA
would have had the authority, as well as the resources, to prevent the
current salmonella outbreak from occurring, tools such as resources for
increased inspections, access to inspection records, mandatory recall
authority and strong penalties that will require testing facilities to
send their results to the FDA.
Congress faces an ambitious agenda in the coming months, but more
than 600 illnesses and nine deaths linked to the current salmonella
outbreak underscore the importance of wasting no time in enacting this
legislation.
____________________
EARMARK REFORM
(Mr. FLAKE asked and was given permission to address the House for 1
minute.)
Mr. FLAKE. Mr. Speaker, in about 1\1/2\ hours, President Obama is
expected to announce major earmark reforms as he signs an omnibus
spending bill with 9,000 earmarks. This gives voice to St. Augustine's
lament, give me sobriety--but not yet.
But Mr. Speaker, it is still a good thing. And it is still long
overdue. And we still shouldn't have to look to the President to save
us from ourselves. This earmark problem is our problem. But gratefully,
I believe he will announce, and I hope that he will announce, that he
will not sign legislation that will allow no-bid contracts,
congressionally directed no-bid contracts, to go into effect. We have
seen what that has done to the Congress, the kind of circular
fundraising that happens and the campaign contributions that result.
And it does not uphold the dignity and decorum of this body.
So I hope we can make major earmark reforms with the President.
____________________
MARCH AS RED CROSS MONTH
(Ms. LORETTA SANCHEZ of California asked and was given permission to
address the House for 1 minute and to revise and extend her remarks.)
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to
celebrate March as Red Cross Month. Since 1943 we have been celebrating
March as Red Cross Month to promote the services provided to the public
by the Red Cross. The Red Cross has been at the forefront of helping
individuals and families prevent, prepare for and respond to large and
small-scale disasters for more than 127 years.
Over the last year, more than 5 million people throughout the United
States took advantage of educational opportunities from the Red Cross
for CPR training, first aid and lifeguard training classes. And in
Orange County, California, the local Red Cross chapter places great
emphasis on community training. On April 18, the American Red Cross in
Orange County will be hosting the fifth annual CPR day at, of course,
Angel Stadium in my City of Anaheim, which will train over 1,500 people
in adult and child CPR and first aid.
Once again, I want to thank the American Red Cross for making our
communities safer and for providing needed resources to communities
that are affected by floods, by fires, earthquakes, mudslides,
hurricanes and other natural disasters.
____________________
THE SCOTT GARDNER ACT
(Mrs. MYRICK asked and was given permission to address the House for
1 minute and to revise and extend her remarks.)
Mrs. MYRICK. I recently reintroduced the Scott Gardner Act, which
would make it illegal and grounds for mandatory detention and
deportation if an illegal alien is caught driving drunk.
Scott Gardner was a beloved father, teacher and husband in my
district. And he was tragically killed by an illegal alien driving
drunk who remained in our country despite the fact that he had previous
DWI convictions. It would aid in the enforcement of our immigration
laws by requiring the Federal, State and local governments to all share
and collect information during the course of their normal duties. And
local law enforcement agencies would have the resources to detain
illegal aliens for DWI until they could be transferred to Federal
authorities for deportation.
It is a travesty that we in this country allow illegal immigrants to
remain here after being found guilty of driving drunk. Some in my
district have recently argued that traffic violations are minor
offenses. I'm sure Scott Gardner's family and all of the families who
have lost loved ones to DWIs would disagree.
____________________
STEM-CELL RESEARCH
(Mr. ARCURI asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. ARCURI. Mr. Speaker, this week the President took a critical step
to boost groundbreaking stem-cell research and restore scientific
integrity across government. The President signed an executive order
lifting the ban on Federal funding for promising embryonic system cell
research. In doing so he affirmed the administration's support of
finding cures for diseases like Alzheimer's, Parkinson's, heart disease
and diabetes that cause pain and suffering all over the world.
Many thoughtful and decent people are conflicted about or are
strongly opposed to this research. The President understands their
concern and respects their point of view. That is why the
administration will develop and rigorously enforce strict ethical
guidelines with zero tolerance for misuse and abuse. This order does
not open the door for cloning for human reproduction in any way. We are
all opposed to that. Rather, it unleashes and unharnesses the potential
of what this country can accomplish to eliminate the ravages of these
diseases and the effects they impose upon humanity.
____________________
STEM-CELL RESEARCH
(Mr. FLEMING asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. FLEMING. Mr. Speaker, I rise today as a father, a physician and a
Congressman to express my deep concern over the administration's
decision to allow taxpayer dollars to incentivize the destruction of
human embryos.
For the first time in our country's history, the Federal Government
is going to encourage the destruction of human embryos. Newer
techniques for making embryonic-like cells without destroying any
embryos and advances in adult stem-cell umbilical cord blood treatments
are showing that the use of embryos for stem-cell research is becoming
obsolete.
Over 73 different diseases have been treated, at least
experimentally, with adult or cord blood stem cells, including type I
diabetes and heart disease.
Because of recent steps by our President, pro-life taxpayers are now
footing the bill for the promotion of abortions
[[Page 6933]]
overseas, doctors are in danger of being forced to perform abortions
regardless of moral or religious objections, and now taxpayer funds are
going to support the destruction of human embryos in the name of
research.
Embryonic stem-cell research provides no guarantee of scientific
advancement, but it does guarantee the innocent unborn have lost a
critical battle.
____________________
STEM-CELL RESEARCH
(Mr. MORAN of Virginia asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. MORAN of Virginia. Mr. Speaker, we will never know how many
millions of people around the world have suffered debilitating, shorter
lives from Alzheimer's, Parkinson's, multiple sclerosis, and a host of
other illnesses and diseases as a result of President Bush's decision
to severely restrict stem-cell research.
But we do know that human civilization has only progressed when its
leaders had the courage to resist religious, political and economic
dogma in pursuit of truth and scientific discovery. Science and medical
research offers us all an opportunity to reduce human suffering and
advance human potential. I believe that is God's will.
President Obama did the right thing in reversing that anti-science
presidential directive, but now it is up to the Congress to reverse the
existing Congressional restriction on Federal funding of stem-cell
research.
____________________
{time} 1015
D.C. OPPORTUNITY SCHOLARSHIP
(Mr. PITTS asked and was given permission to address the House for 1
minute.)
Mr. PITTS. Mr. Speaker, the Senate passed the $410 billion omnibus
spending bill last night containing some 9,000 special interest
earmarks. Sadly, it included a provision that will effectively kill a
popular and successful program here in our Nation's Capital that
provides a ray of hope for the children it serves.
The D.C. Opportunity Scholarship Program provides low-income families
with a voucher they can use to attend the school of their choice. For
many students, this provides the opportunity to get out of dangerous
and failing public schools into private schools that provide them with
a safe environment and a quality education.
This program is under attack by politicians in Congress, many of whom
send their own children to private schools. If school choice is good
enough for their kids, why not school choice for everyone?
I urge the President, who has chosen private school for his own
children, to veto this special interest, pork-ladened bill and work
with Congress toward meaningful education reform.
____________________
TRAGEDY IN ALABAMA
(Mr. BRIGHT asked and was given permission to address the House for 1
minute.)
Mr. BRIGHT. Mr. Speaker, as many of you have heard, a tragic shooting
occurred yesterday in Geneva and Coffee Counties in Alabama. Without
question, this is one of the worst tragedies our State and our Nation
has seen in quite some time. My thoughts and prayers are with the
families of the victims, and with the entire Wiregrass community in
southeast Alabama.
The details are still being confirmed, but I do know that our
community owes a debt of gratitude to the local law enforcement
officials who bravely put themselves in the line of fire. Without their
swift actions and courage, the tragedy could have been even worse than
it was yesterday.
I will be returning to my district later today to assist local
leaders and law enforcement officials in any way that I can and to be
with my constituents as we mourn the loss of friends and neighbors.
I ask that all of my colleagues here in the House and people watching
right now from around the country keep the people of southeast Alabama
in your thoughts and prayers.
____________________
ECONOMIC ENGINE DOESN'T RUN ON PORK
(Mr. BROUN of Georgia asked and was given permission to address the
House for 1 minute.)
Mr. BROUN of Georgia. Mr. Speaker, hardworking Americans are the
economic engine that drives this great Nation. And America's economic
engine doesn't run on pork.
Even though we are in a recession, Congress continues to take hard-
earned tax dollars and send them toward pork projects like tattoo
removal, Mormon crickets, and studying pig manure. In fact, the omnibus
bill sent to the White House last night contains nearly 8,000 earmarks,
costing taxpayers more than $11 billion.
Monday night I had a telephone town hall with my constituents back
home in Georgia. One caller, Mr. John Ahern from Athens, hit the nail
on the head with his question on spending: ``Why aren't politicians
held accountable like families and taxpayers?''
Why indeed? There are Members on both sides of the aisle that are so
used to the spending of yesterday that they cannot bear the thought of
tightening their belts today. How are we going to justify picking the
pockets of taxpayers to literally pay for pig poop?
This bill spends too much, taxes too much, and borrows too much. I
urge a veto of the ominous omnibus bill and its 8,000 earmarks. There
are John Aherns all over this country who demand accountability in
government. A veto would give it to them.
____________________
STEM-CELL EXECUTIVE ORDER
(Mr. LANGEVIN asked and was given permission to address the House for
1 minute.)
Mr. LANGEVIN. Mr. Speaker, I recently had the distinct honor and
privilege of witnessing an historic and defining moment in our Nation's
history, one that I believe will fundamentally alter the course of
science and medicine in the same manner as did the discovery of the
first vaccine or X-ray or other significant scientific and medical
discoveries in this country.
On Monday, President Obama signed an executive order lifting the ban
on the Federal funding of embryonic stem cell research. As someone who
has lived with a spinal cord injury for over 28 years, I have always
held onto the hope that one day I might walk again.
But this executive order is not about me or even about spinal cord
injuries. It is about the millions of people living with chronic and
disabling diseases, illnesses, and conditions for which this research
may one day hold the promise of new treatments and cures. It is about
responsible investment into sciences and technologies that will ensure
our Nation's continued economic competitiveness into the 21st century.
There is still much work to be done, and I look forward to working
with my congressional colleagues on this issue to ensure that
responsible policies based on sound science are enacted.
This is truly an historic event.
____________________
AMERICANS NEED OBJECTIVE REPORTING
(Mr. SMITH of Texas asked and was given permission to address the
House for 1 minute.)
Mr. SMITH of Texas. Mr. Speaker, recently the New York Times asserted
that President Obama enjoyed ``remarkably high levels of optimism and
confidence'' among Americans. The very same day, Gallup released a poll
with very similar results as the Times poll, but Gallup characterized
the result as ``typical of how the last several Presidents have fared
at the one-month mark.'' In other words, not remarkable.
Gallup also found that the number of people who disapproved of the
way President Obama is doing his job had doubled in just one month,
from 12 percent to 24 percent, and noted that President Obama's
disapproval rating was higher than the average of the last six
Presidents.
The Times and Gallup had similar polling results, but the Times gave
a very biased report and ignored the historical facts.
[[Page 6934]]
At least one member of the White House press corps recognizes his
colleagues' bias in favor of President Obama.
Jake Tapper, ABC's Senior White House Correspondent, said during a
recent interview that some news editors and producers are soft on the
President and inclined to ``root for him.''
Regarding the media's bias, Tapper also said: ``Certain networks,
newspapers and magazines leaned on the scales a little bit.''
It is telling that a man who sees news coverage of the President
first-hand on a daily basis would be so forthcoming about the media's
pro-Obama bias.
When it comes to the major issues we face, Americans expect the media
to be referees, not cheerleaders.
____________________
COMMENDING ROBERT P. PAGE
(Mr. MELANCON asked and was given permission to address the House for
1 minute.)
Mr. MELANCON. Mr. Speaker, I would like to take this time to commend
Mr. Robert P. Page, an outstanding citizen and business leader from
Houma, Louisiana. He is about to complete his term as president of the
National Association of Insurance Agents. Mr. Page has distinguished
himself throughout his career as a professional insurance agent, even
serving as president of the Professional Insurance Agents of Louisiana,
and he has exhibited only the highest standards of honesty, integrity
and professionalism.
Despite suffering personal losses as a result of hurricanes Katrina,
Rita and Gustav, Mr. Page has provided uninterrupted service to the
clients of his insurance agency in Houma, going above and beyond the
call of duty to assist his fellow citizens, who also suffered
devastating losses as a result of the hurricanes.
Mr. Page is a tireless advocate of developing a national consensus to
come up with a better mechanism to deal with natural catastrophes
throughout the United States, serving as a founding member of the
Professional Insurance Agents Natural Task Force. With his years of
hard work and dedication, Mr. Page has earned the respect and
admiration of his many colleagues throughout the insurance industry, as
well as exemplified the motto of his insurance association, ``Local
Agents Serving Main Street America.''
Therefore, I would like to congratulate and commend Robert P. Page of
Houma, Louisiana, upon the successful completion of his term as
president of the National Association of Professional Insurance Agents.
____________________
STEALTH TAX INCREASE
(Mr. POE of Texas asked and was given permission to address the House
for 1 minute.)
Mr. POE of Texas. Mr. Speaker, somebody has to pay for this massive
wasteful spending by the Federal Government.
So to obtain more revenue, the budget proposal is to cut deductions
Americans now receive. The charitable giving deduction will be cut.
Thus charities, not government entities, by the way, such as churches,
the YMCA and groups such as that that feed the hungry and help in
disasters, take care of crime victims, and help the homeless, will be
struggling for funds. Now the government will get that money.
The removal of this deduction will discourage gifts by Americans.
Americans are the most cheerful contributors in the world to charities,
but that may now end.
The home mortgage deduction also is going to be reduced. The effect
of reducing this deduction and the charitable-giving deduction will
have the effect of a stealth tax increase on all Americans.
Mr. Speaker, it doesn't make any sense to raise taxes on anyone
during a recession, especially homeowners and those that give to the
needy.
And that's just the way it is.
____________________
RECOVERY ACT FIRST STEP IN REFORMING HEALTH CARE
(Mr. WILSON of Ohio asked and was given permission to address the
House for 1 minute.)
Mr. WILSON of Ohio. Mr. Speaker, I am proud to have supported the
American Recovery and Reinvestment Act. It is one of the first steps we
look in our journey to strengthen and improve our country's health care
system. We can't fix our economy without fixing health care.
The recovery plan will provide $20 billion to speed the adoption of
health information technology systems by doctors and hospitals. This
will modernize our health care system, reduce medical errors, save
billions of dollars and create jobs.
Recently, I visited Holzer Medical Center in my district in
Gallipolis, Ohio. Doctors there showed me how health IT helps them to
speed medical records from doctor to doctor and cut down on extra
medical tests. That saves time and money.
Mr. Speaker, in fact, the Congressional Budget Office estimates that
health IT investments will generate up to $40 billion in savings for
Medicare and private health insurance companies. Those savings can be
passed along to American families.
I look forward to watching continued improvements at hospitals back
home, like Holzer. And I look forward to continuing our work to further
improve health care.
____________________
BLOCK CONGRESSIONAL PAY RAISES
(Mr. BUCHANAN asked and was given permission to address the House for
1 minute.)
Mr. BUCHANAN. Mr. Speaker, Congress needs to lead by example in this
time of economic uncertainty. For that reason, I was encouraged when
the House decided to give up its pay raise next year. It is important
to send the right message to the American people: a message that says
Congress is willing to tighten its belt just like American families are
doing across the country.
But we need to go even further. That's why I hope the leadership in
the House will take up my legislation, H.R. 566, blocking all future
congressional pay raises until the Federal budget is balanced.
Millions of hardworking Americans only get a salary increase if they
produce positive results. Congress should be no different. With our
national debt about to surpass $11 trillion and unemployment in our
country surging past 8 percent, we need to hold ourselves to a higher
standard. The American people expect and deserve nothing less.
My legislation to block congressional pay raises until we balance the
budget offers meaningful reform. I urge Members from both sides of the
aisle to support it.
____________________
COMMUNICATION FROM THE CLERK OF THE HOUSE
The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:
Office of the Clerk,
Washington, DC, March 11, 2009.
Hon. Nancy Pelosi,
The Speaker, House of Representatives, Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
Clause 2(h) of Rule II of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on March 11, 2009, at 9:20
a.m.:
That the Senate Passed Without Amendment H.R. 1105.
With best wishes, I am
Sincerely,
Lorraine C. Miller,
Clerk of the House.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote is objected to under clause 6 of rule XX.
Record votes on postponed questions will be taken later.
____________________
{time} 1030
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
Senate
[[Page 6935]]
bill (S. 22) to designate certain land as components of the National
Wilderness Preservation System, to authorize certain programs and
activities in the Department of the Interior and the Department of
Agriculture, and for other purposes, as amended.
The Clerk read the title of the Senate bill.
The text of the Senate bill, as amended, is as follows:
S. 22
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 ``Omnibus
Public Land Management Act of 2009''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
Sec. 1001. Designation of wilderness, Monongahela National Forest, West
Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness,
Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.
Subtitle B--Virginia Ridge and Valley Wilderness
Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in
Jefferson National Forest, Virginia, as wilderness or a
wilderness study area.
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area,
Jefferson National Forest, Virginia.
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson
National Forest, Virginia.
Sec. 1105. Trail plan and development.
Sec. 1106. Maps and boundary descriptions.
Sec. 1107. Effective date.
Subtitle C--Mt. Hood Wilderness, Oregon
Sec. 1201. Definitions.
Sec. 1202. Designation of wilderness areas.
Sec. 1203. Designation of streams for wild and scenic river protection
in the Mount Hood area.
Sec. 1204. Mount Hood National Recreation Area.
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and
Cultus Creek.
Sec. 1206. Land exchanges.
Sec. 1207. Tribal provisions; planning and studies.
Subtitle D--Copper Salmon Wilderness, Oregon
Sec. 1301. Designation of the Copper Salmon Wilderness.
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.
Sec. 1303. Protection of tribal rights.
Subtitle E--Cascade-Siskiyou National Monument, Oregon
Sec. 1401. Definitions.
Sec. 1402. Voluntary grazing lease donation program.
Sec. 1403. Box R Ranch land exchange.
Sec. 1404. Deerfield land exchange.
Sec. 1405. Soda Mountain Wilderness.
Sec. 1406. Effect.
Subtitle F--Owyhee Public Land Management
Sec. 1501. Definitions.
Sec. 1502. Owyhee Science Review and Conservation Center.
Sec. 1503. Wilderness areas.
Sec. 1504. Designation of wild and scenic rivers.
Sec. 1505. Land identified for disposal.
Sec. 1506. Tribal cultural resources.
Sec. 1507. Recreational travel management plans.
Sec. 1508. Authorization of appropriations.
Subtitle G--Sabinoso Wilderness, New Mexico
Sec. 1601. Definitions.
Sec. 1602. Designation of the Sabinoso Wilderness.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
Sec. 1651. Definitions.
Sec. 1652. Designation of Beaver Basin Wilderness.
Sec. 1653. Administration.
Sec. 1654. Effect.
Subtitle I--Oregon Badlands Wilderness
Sec. 1701. Definitions.
Sec. 1702. Oregon Badlands Wilderness.
Sec. 1703. Release.
Sec. 1704. Land exchanges.
Sec. 1705. Protection of tribal treaty rights.
Subtitle J--Spring Basin Wilderness, Oregon
Sec. 1751. Definitions.
Sec. 1752. Spring Basin Wilderness.
Sec. 1753. Release.
Sec. 1754. Land exchanges.
Sec. 1755. Protection of tribal treaty rights.
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
Sec. 1801. Definitions.
Sec. 1802. Designation of wilderness areas.
Sec. 1803. Administration of wilderness areas.
Sec. 1804. Release of wilderness study areas.
Sec. 1805. Designation of wild and scenic rivers.
Sec. 1806. Bridgeport Winter Recreation Area.
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.
Sec. 1808. Ancient Bristlecone Pine Forest.
Subtitle L--Riverside County Wilderness, California
Sec. 1851. Wilderness designation.
Sec. 1852. Wild and scenic river designations, Riverside County,
California.
Sec. 1853. Additions and technical corrections to Santa Rosa and San
Jacinto Mountains National Monument.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
Sec. 1901. Definitions.
Sec. 1902. Designation of wilderness areas.
Sec. 1903. Administration of wilderness areas.
Sec. 1904. Authorization of appropriations.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
Sec. 1951. Definitions.
Sec. 1952. Rocky Mountain National Park Wilderness, Colorado.
Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.
Sec. 1954. East Shore Trail Area.
Sec. 1955. National forest area boundary adjustments.
Sec. 1956. Authority to lease Leiffer tract.
Subtitle O--Washington County, Utah
Sec. 1971. Definitions.
Sec. 1972. Wilderness areas.
Sec. 1973. Zion National Park wilderness.
Sec. 1974. Red Cliffs National Conservation Area.
Sec. 1975. Beaver Dam Wash National Conservation Area.
Sec. 1976. Zion National Park wild and scenic river designation.
Sec. 1977. Washington County comprehensive travel and transportation
management plan.
Sec. 1978. Land disposal and acquisition.
Sec. 1979. Management of priority biological areas.
Sec. 1980. Public purpose conveyances.
Sec. 1981. Conveyance of Dixie National Forest land.
Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute
Indians.
Sec. 1983. Authorization of appropriations.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
Sec. 2001. Definitions.
Sec. 2002. Establishment of the National Landscape Conservation System.
Sec. 2003. Authorization of appropriations.
Subtitle B--Prehistoric Trackways National Monument
Sec. 2101. Findings.
Sec. 2102. Definitions.
Sec. 2103. Establishment.
Sec. 2104. Administration.
Sec. 2105. Authorization of appropriations.
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
Sec. 2201. Definitions.
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National
Conservation Area.
Sec. 2203. Management of the Conservation Area.
Sec. 2204. Authorization of appropriations.
Subtitle D--Snake River Birds of Prey National Conservation Area
Sec. 2301. Snake River Birds of Prey National Conservation Area.
Subtitle E--Dominguez-Escalante National Conservation Area
Sec. 2401. Definitions.
Sec. 2402. Dominguez-Escalante National Conservation Area.
Sec. 2403. Dominguez Canyon Wilderness Area.
Sec. 2404. Maps and legal descriptions.
Sec. 2405. Management of Conservation Area and Wilderness.
Sec. 2406. Management plan.
Sec. 2407. Advisory council.
Sec. 2408. Authorization of appropriations.
Subtitle F--Rio Puerco Watershed Management Program
Sec. 2501. Rio Puerco Watershed Management Program.
Subtitle G--Land Conveyances and Exchanges
Sec. 2601. Carson City, Nevada, land conveyances.
Sec. 2602. Southern Nevada limited transition area conveyance.
Sec. 2603. Nevada Cancer Institute land conveyance.
Sec. 2604. Turnabout Ranch land conveyance, Utah.
Sec. 2605. Boy Scouts land exchange, Utah.
[[Page 6936]]
Sec. 2606. Douglas County, Washington, land conveyance.
Sec. 2607. Twin Falls, Idaho, land conveyance.
Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.
Sec. 2609. Park City, Utah, land conveyance.
Sec. 2610. Release of reversionary interest in certain lands in Reno,
Nevada.
Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
Sec. 3001. Watershed restoration and enhancement agreements.
Subtitle B--Wildland Firefighter Safety
Sec. 3101. Wildland firefighter safety.
Subtitle C--Wyoming Range
Sec. 3201. Definitions.
Sec. 3202. Withdrawal of certain land in the Wyoming range.
Sec. 3203. Acceptance of the donation of valid existing mining or
leasing rights in the Wyoming range.
Subtitle D--Land Conveyances and Exchanges
Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance,
Montana.
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park
Land Exchange.
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.
Sec. 3305. Kittitas County, Washington, land conveyance.
Sec. 3306. Mammoth Community Water District use restrictions.
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.
Sec. 3308. Boundary adjustment, Frank Church River of No Return
Wilderness.
Sec. 3309. Sandia pueblo land exchange technical amendment.
Subtitle E--Colorado Northern Front Range Study
Sec. 3401. Purpose.
Sec. 3402. Definitions.
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.
TITLE IV--FOREST LANDSCAPE RESTORATION
Sec. 4001. Purpose.
Sec. 4002. Definitions.
Sec. 4003. Collaborative Forest Landscape Restoration Program.
Sec. 4004. Authorization of appropriations.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
Sec. 5001. Fossil Creek, Arizona.
Sec. 5002. Snake River Headwaters, Wyoming.
Sec. 5003. Taunton River, Massachusetts.
Subtitle B--Wild and Scenic Rivers Studies
Sec. 5101. Missisquoi and Trout Rivers Study.
Subtitle C--Additions to the National Trails System
Sec. 5201. Arizona National Scenic Trail.
Sec. 5202. New England National Scenic Trail.
Sec. 5203. Ice Age Floods National Geologic Trail.
Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic
Trail.
Sec. 5205. Pacific Northwest National Scenic Trail.
Sec. 5206. Trail of Tears National Historic Trail.
Subtitle D--National Trail System Amendments
Sec. 5301. National Trails System willing seller authority.
Sec. 5302. Revision of feasibility and suitability studies of existing
national historic trails.
Sec. 5303. Chisholm Trail and Great Western Trails Studies.
Subtitle E--Effect of Title
Sec. 5401. Effect.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
Sec. 6001. Definitions.
Sec. 6002. Program.
Sec. 6003. Effect of subtitle.
Subtitle B--Competitive Status for Federal Employees in Alaska
Sec. 6101. Competitive status for certain Federal employees in the
State of Alaska.
Subtitle C--Management of the Baca National Wildlife Refuge
Sec. 6201. Baca National Wildlife Refuge.
Subtitle D--Paleontological Resources Preservation
Sec. 6301. Definitions.
Sec. 6302. Management.
Sec. 6303. Public awareness and education program.
Sec. 6304. Collection of paleontological resources.
Sec. 6305. Curation of resources.
Sec. 6306. Prohibited acts; criminal penalties.
Sec. 6307. Civil penalties.
Sec. 6308. Rewards and forfeiture.
Sec. 6309. Confidentiality.
Sec. 6310. Regulations.
Sec. 6311. Savings provisions.
Sec. 6312. Authorization of appropriations.
Subtitle E--Izembek National Wildlife Refuge Land Exchange
Sec. 6401. Definitions.
Sec. 6402. Land exchange.
Sec. 6403. King Cove Road.
Sec. 6404. Administration of conveyed lands.
Sec. 6405. Failure to begin road construction.
Sec. 6406. Expiration of legislative.
Subtitle F--Wolf Livestock Loss Demonstration Project
Sec. 6501. Definitions.
Sec. 6502. Wolf compensation and prevention program.
Sec. 6503. Authorization of appropriations.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic
Site.
Sec. 7003. River Raisin National Battlefield Park.
Subtitle B--Amendments to Existing Units of the National Park System
Sec. 7101. Funding for Keweenaw National Historical Park.
Sec. 7102. Location of visitor and administrative facilities for Weir
Farm National Historic Site.
Sec. 7103. Little River Canyon National Preserve boundary expansion.
Sec. 7104. Hopewell Culture National Historical Park boundary
expansion.
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary
adjustment.
Sec. 7106. Minute Man National Historical Park.
Sec. 7107. Everglades National Park.
Sec. 7108. Kalaupapa National Historical Park.
Sec. 7109. Boston Harbor Islands National Recreation Area.
Sec. 7110. Thomas Edison National Historical Park, New Jersey.
Sec. 7111. Women's Rights National Historical Park.
Sec. 7112. Martin Van Buren National Historic Site.
Sec. 7113. Palo Alto Battlefield National Historical Park.
Sec. 7114. Abraham Lincoln Birthplace National Historical Park.
Sec. 7115. New River Gorge National River.
Sec. 7116. Technical corrections.
Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio.
Sec. 7118. Fort Davis National Historic Site.
Subtitle C--Special Resource Studies
Sec. 7201. Walnut Canyon study.
Sec. 7202. Tule Lake Segregation Center, California.
Sec. 7203. Estate Grange, St. Croix.
Sec. 7204. Harriet Beecher Stowe House, Maine.
Sec. 7205. Shepherdstown battlefield, West Virginia.
Sec. 7206. Green McAdoo School, Tennessee.
Sec. 7207. Harry S Truman Birthplace, Missouri.
Sec. 7208. Battle of Matewan special resource study.
Sec. 7209. Butterfield Overland Trail.
Sec. 7210. Cold War sites theme study.
Sec. 7211. Battle of Camden, South Carolina.
Sec. 7212. Fort San Geronimo, Puerto Rico.
Subtitle D--Program Authorizations
Sec. 7301. American Battlefield Protection Program.
Sec. 7302. Preserve America Program.
Sec. 7303. Save America's Treasures Program.
Sec. 7304. Route 66 Corridor Preservation Program.
Sec. 7305. National Cave and Karst Research Institute.
Subtitle E--Advisory Commissions
Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.
Sec. 7402. Cape Cod National Seashore Advisory Commission.
Sec. 7403. National Park System Advisory Board.
Sec. 7404. Concessions Management Advisory Board.
Sec. 7405. St. Augustine 450th Commemoration Commission.
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.
Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.
Sec. 8003. South Park National Heritage Area, Colorado.
Sec. 8004. Northern Plains National Heritage Area, North Dakota.
[[Page 6937]]
Sec. 8005. Baltimore National Heritage Area, Maryland.
Sec. 8006. Freedom's Way National Heritage Area, Massachusetts and New
Hampshire.
Sec. 8007. Mississippi Hills National Heritage Area.
Sec. 8008. Mississippi Delta National Heritage Area.
Sec. 8009. Muscle Shoals National Heritage Area, Alabama.
Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area,
Alaska.
Subtitle B--Studies
Sec. 8101. Chattahoochee Trace, Alabama and Georgia.
Sec. 8102. Northern Neck, Virginia.
Subtitle C--Amendments Relating to National Heritage Corridors
Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage
Corridor.
Sec. 8202. Delaware And Lehigh National Heritage Corridor.
Sec. 8203. Erie Canalway National Heritage Corridor.
Sec. 8204. John H. Chafee Blackstone River Valley National Heritage
Corridor.
Subtitle D--Effect of Title
Sec. 8301. Effect on Access for Recreational Activities.
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
Sec. 9001. Snake, Boise, and Payette River systems, Idaho.
Sec. 9002. Sierra Vista Subwatershed, Arizona.
Sec. 9003. San Diego Intertie, California.
Subtitle B--Project Authorizations
Sec. 9101. Tumalo Irrigation District Water Conservation Project,
Oregon.
Sec. 9102. Madera Water Supply Enhancement Project, California.
Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.
Sec. 9104. Rancho Cailfornia Water District project, California.
Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.
Sec. 9106. Rio Grande Pueblos, New Mexico.
Sec. 9107. Upper Colorado River endangered fish programs.
Sec. 9108. Santa Margarita River, California.
Sec. 9109. Elsinore Valley Municipal Water District.
Sec. 9110. North Bay Water Reuse Authority.
Sec. 9111. Prado Basin Natural Treatment System Project, California.
Sec. 9112. Bunker Hill Groundwater Basin, California.
Sec. 9113. GREAT Project, California.
Sec. 9114. Yucaipa Valley Water District, California.
Sec. 9115. Arkansas Valley Conduit, Colorado.
Subtitle C--Title Transfers and Clarifications
Sec. 9201. Transfer of McGee Creek pipeline and facilities.
Sec. 9202. Albuquerque Biological Park, New Mexico, title
clarification.
Sec. 9203. Goleta Water District Water Distribution System, California.
Subtitle D--San Gabriel Basin Restoration Fund
Sec. 9301. Restoration Fund.
Subtitle E--Lower Colorado River Multi-Species Conservation Program
Sec. 9401. Definitions.
Sec. 9402. Implementation and water accounting.
Sec. 9403. Enforceability of program documents.
Sec. 9404. Authorization of appropriations.
Subtitle F--Secure Water
Sec. 9501. Findings.
Sec. 9502. Definitions.
Sec. 9503. Reclamation climate change and water program.
Sec. 9504. Water management improvement.
Sec. 9505. Hydroelectric power assessment.
Sec. 9506. Climate change and water intragovernmental panel.
Sec. 9507. Water data enhancement by United States Geological Survey.
Sec. 9508. National water availability and use assessment program.
Sec. 9509. Research agreement authority.
Sec. 9510. Effect.
Subtitle G--Aging Infrastructure
Sec. 9601 Definitions.
Sec. 9602. Guidelines and inspection of project facilities and
technical assistance to transferred works operating
entities.
Sec. 9603. Extraordinary operation and maintenance work performed by
the Secretary.
Sec. 9604. Relationship to Twenty-First Century Water Works Act.
Sec. 9605. Authorization of appropriations.
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
PART I--San Joaquin River Restoration Settlement Act
Sec. 10001. Short title.
Sec. 10002. Purpose.
Sec. 10003. Definitions.
Sec. 10004. Implementation of settlement.
Sec. 10005. Acquisition and disposal of property; title to facilities.
Sec. 10006. Compliance with applicable law.
Sec. 10007. Compliance with Central Valley Project Improvement Act.
Sec. 10008. No private right of action.
Sec. 10009. Appropriations; Settlement Fund.
Sec. 10010. Repayment contracts and acceleration of repayment of
construction costs.
Sec. 10011. California Central Valley Spring Run Chinook salmon.
PART II--Study to Develop Water Plan; Report
Sec. 10101. Study to develop water plan; report.
PART III--Friant Division Improvements
Sec. 10201. Federal facility improvements.
Sec. 10202. Financial assistance for local projects.
Sec. 10203. Authorization of appropriations.
Subtitle B--Northwestern New Mexico Rural Water Projects
Sec. 10301. Short title.
Sec. 10302. Definitions.
Sec. 10303. Compliance with environmental laws.
Sec. 10304. No reallocation of costs.
Sec. 10305. Interest rate.
PART I--Amendments to the Colorado River Storage Project Act and Public
Law 87-483
Sec. 10401. Amendments to the Colorado River Storage Project Act.
Sec. 10402. Amendments to Public Law 87-483.
Sec. 10403. Effect on Federal water law.
PART II--Reclamation Water Settlements Fund
Sec. 10501. Reclamation Water Settlements Fund.
PART III--Navajo-Gallup Water Supply Project
Sec. 10601. Purposes.
Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.
Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project
water.
Sec. 10604. Project contracts.
Sec. 10605. Navajo Nation Municipal Pipeline.
Sec. 10606. Authorization of conjunctive use wells.
Sec. 10607. San Juan River Navajo Irrigation Projects.
Sec. 10608. Other irrigation projects.
Sec. 10609. Authorization of appropriations.
PART IV--Navajo Nation Water Rights
Sec. 10701. Agreement.
Sec. 10702. Trust Fund.
Sec. 10703. Waivers and releases.
Sec. 10704. Water rights held in trust.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
Sec. 10801. Findings.
Sec. 10802. Purposes.
Sec. 10803. Definitions.
Sec. 10804. Approval, ratification, and confirmation of agreement;
authorization.
Sec. 10805. Tribal water rights.
Sec. 10806. Duck Valley Indian Irrigation Project.
Sec. 10807. Development and Maintenance Funds.
Sec. 10808. Tribal waiver and release of claims.
Sec. 10809. Miscellaneous.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 11001. Reauthorization of the National Geologic Mapping Act of
1992.
Sec. 11002. New Mexico water resources study.
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--Exploration
Sec. 12001. Purpose.
Sec. 12002. Program established.
Sec. 12003. Powers and duties of the Administrator.
Sec. 12004. Ocean exploration and undersea research technology and
infrastructure task force.
Sec. 12005. Ocean Exploration Advisory Board.
Sec. 12006. Authorization of appropriations.
PART II--NOAA Undersea Research Program Act of 2009
Sec. 12101. Short title.
Sec. 12102. Program established.
Sec. 12103. Powers of program director.
Sec. 12104. Administrative structure.
Sec. 12105. Research, exploration, education, and technology programs.
Sec. 12106. Competitiveness.
Sec. 12107. Authorization of appropriations.
Subtitle B--Ocean and Coastal Mapping Integration Act
Sec. 12201. Short title.
Sec. 12202. Establishment of program.
Sec. 12203. Interagency committee on ocean and coastal mapping.
Sec. 12204. Biannual reports.
Sec. 12205. Plan.
[[Page 6938]]
Sec. 12206. Effect on other laws.
Sec. 12207. Authorization of appropriations.
Sec. 12208. Definitions.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
Sec. 12301. Short title.
Sec. 12302. Purposes.
Sec. 12303. Definitions.
Sec. 12304. Integrated coastal and ocean observing system.
Sec. 12305. Interagency financing and agreements.
Sec. 12306. Application with other laws.
Sec. 12307. Report to Congress.
Sec. 12308. Public-private use policy.
Sec. 12309. Independent cost estimate.
Sec. 12310. Intent of Congress.
Sec. 12311. Authorization of appropriations.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
Sec. 12401. Short title.
Sec. 12402. Purposes.
Sec. 12403. Definitions.
Sec. 12404. Interagency subcommittee.
Sec. 12405. Strategic research plan.
Sec. 12406. NOAA ocean acidification activities.
Sec. 12407. NSF ocean acidification activities.
Sec. 12408. NASA ocean acidification activities.
Sec. 12409. Authorization of appropriations.
Subtitle E--Coastal and Estuarine Land Conservation Program
Sec. 12501. Short title.
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation
Program.
TITLE XIII--MISCELLANEOUS
Sec. 13001. Management and distribution of North Dakota trust funds.
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.
Sec. 13004. Additional Assistant Secretary for Department of Energy.
Sec. 13005. Lovelace Respiratory Research Institute.
Sec. 13006. Authorization of appropriations for National Tropical
Botanical Garden.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
Sec. 14001. Short title.
Subtitle A--Paralysis Research
Sec. 14101. Activities of the National Institutes of Health with
respect to research on paralysis.
Subtitle B--Paralysis Rehabilitation Research and Care
Sec. 14201. Activities of the National Institutes of Health with
respect to research with implications for enhancing daily
function for persons with paralysis.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
Sec. 14301. Programs to improve quality of life for persons with
paralysis and other physical disabilities.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
Sec. 15101. Laboratory and support space, Edgewater, Maryland.
Sec. 15102. Laboratory space, Gamboa, Panama.
Sec. 15103. Construction of greenhouse facility.
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL
FOREST, WEST VIRGINIA.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following
Federal lands within the Monongahela National Forest in the
State of West Virginia are designated as wilderness and as
either a new component of the National Wilderness
Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Certain Federal land comprising approximately 5,144
acres, as generally depicted on the map entitled ``Big Draft
Proposed Wilderness'' and dated March 11, 2008, which shall
be known as the ``Big Draft Wilderness''.
(2) Certain Federal land comprising approximately 11,951
acres, as generally depicted on the map entitled ``Cranberry
Expansion Proposed Wilderness'' and dated March 11, 2008,
which shall be added to and administered as part of the
Cranberry Wilderness designated by section 1(1) of Public Law
97-466 (96 Stat. 2538).
(3) Certain Federal land comprising approximately 7,156
acres, as generally depicted on the map entitled ``Dolly Sods
Expansion Proposed Wilderness'' and dated March 11, 2008,
which shall be added to and administered as part of the Dolly
Sods Wilderness designated by section 3(a)(13) of Public Law
93-622 (88 Stat. 2098).
(4) Certain Federal land comprising approximately 698
acres, as generally depicted on the map entitled ``Otter
Creek Expansion Proposed Wilderness'' and dated March 11,
2008, which shall be added to and administered as part of the
Otter Creek Wilderness designated by section 3(a)(14) of
Public Law 93-622 (88 Stat. 2098).
(5) Certain Federal land comprising approximately 6,792
acres, as generally depicted on the map entitled ``Roaring
Plains Proposed Wilderness'' and dated March 11, 2008, which
shall be known as the ``Roaring Plains West Wilderness''.
(6) Certain Federal land comprising approximately 6,030
acres, as generally depicted on the map entitled ``Spice Run
Proposed Wilderness'' and dated March 11, 2008, which shall
be known as the ``Spice Run Wilderness''.
(b) Maps and Legal Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a map and legal description
of each wilderness area designated or expanded by subsection
(a). The maps and legal descriptions shall be on file and
available for public inspection in the office of the Chief of
the Forest Service and the office of the Supervisor of the
Monongahela National Forest.
(2) Force and effect.--The maps and legal descriptions
referred to in this subsection shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct errors in the maps and descriptions.
(c) Administration.--Subject to valid existing rights, the
Federal lands designated as wilderness by subsection (a)
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may
continue to authorize the competitive running event permitted
from 2003 through 2007 in the vicinity of the boundaries of
the Dolly Sods Wilderness addition designated by paragraph
(3) of subsection (a) and the Roaring Plains West Wilderness
Area designated by paragraph (5) of such subsection, in a
manner compatible with the preservation of such areas as
wilderness.
(d) Effective Date of Wilderness Act.--With respect to the
Federal lands designated as wilderness by subsection (a), any
reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to
the effective date of the Wilderness Act shall be deemed to
be a reference to the date of the enactment of this Act.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section affects the jurisdiction or responsibility of the
State of West Virginia with respect to wildlife and fish.
SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS,
MONONGAHELA NATIONAL FOREST.
(a) Boundary Adjustment.--The boundary of the Laurel Fork
South Wilderness designated by section 1(3) of Public Law 97-
466 (96 Stat. 2538) is modified to exclude two parcels of
land, as generally depicted on the map entitled ``Monongahela
National Forest Laurel Fork South Wilderness Boundary
Modification'' and dated March 11, 2008, and more
particularly described according to the site-specific maps
and legal descriptions on file in the office of the Forest
Supervisor, Monongahela National Forest. The general map
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service.
(b) Management.--Federally owned land delineated on the
maps referred to in subsection (a) as the Laurel Fork South
Wilderness, as modified by such subsection, shall continue to
be administered by the Secretary of Agriculture in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) In General.--The boundary of the Monongahela National
Forest is confirmed to include the tracts of land as
generally depicted on the map entitled ``Monongahela National
Forest Boundary Confirmation'' and dated March 13, 2008, and
all Federal lands under the jurisdiction of the Secretary of
Agriculture, acting through the Chief of the Forest Service,
encompassed within such boundary shall be managed under the
laws and regulations pertaining to the National Forest
System.
(b) Land and Water Conservation Fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Monongahela
National Forest, as confirmed by subsection (a), shall be
considered to be the boundaries of the Monongahela National
Forest as of January 1, 1965.
SEC. 1004. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan.--
(1) In general.--The Secretary of Agriculture, in
consultation with interested parties, shall develop a plan to
provide for enhanced nonmotorized recreation trail
opportunities on lands not designated as wilderness within
the Monongahela National Forest.
(2) Nonmotorized recreation trail defined.--For the
purposes of this subsection, the term ``nonmotorized
recreation trail'' means a trail designed for hiking,
bicycling, and equestrian use.
[[Page 6939]]
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report on the implementation of the plan
required under subsection (a), including the identification
of priority trails for development.
(c) Consideration of Conversion of Forest Roads to
Recreational Uses.--In considering possible closure and
decommissioning of a Forest Service road within the
Monongahela National Forest after the date of the enactment
of this Act, the Secretary of Agriculture, in accordance with
applicable law, may consider converting the road to
nonmotorized uses to enhance recreational opportunities
within the Monongahela National Forest.
Subtitle B--Virginia Ridge and Valley Wilderness
SEC. 1101. DEFINITIONS.
In this subtitle:
(1) Scenic areas.--The term ``scenic areas'' means the Seng
Mountain National Scenic Area and the Bear Creek National
Scenic Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM
LAND IN JEFFERSON NATIONAL FOREST AS WILDERNESS
OR A WILDERNESS STUDY AREA.
(a) Designation of Wilderness.--Section 1 of Public Law
100-326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057),
is amended--
(1) in the matter preceding paragraph (1), by striking
``System--'' and inserting ``System:'';
(2) by striking ``certain'' each place it appears and
inserting ``Certain'';
(3) in each of paragraphs (1) through (6), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (7), by striking ``; and'' and inserting a
period; and
(5) by adding at the end the following:
``(9) Certain land in the Jefferson National Forest
comprising approximately 3,743 acres, as generally depicted
on the map entitled `Brush Mountain and Brush Mountain East'
and dated May 5, 2008, which shall be known as the `Brush
Mountain East Wilderness'.
``(10) Certain land in the Jefferson National Forest
comprising approximately 4,794 acres, as generally depicted
on the map entitled `Brush Mountain and Brush Mountain East'
and dated May 5, 2008, which shall be known as the `Brush
Mountain Wilderness'.
``(11) Certain land in the Jefferson National Forest
comprising approximately 4,223 acres, as generally depicted
on the map entitled `Seng Mountain and Raccoon Branch' and
dated April 28, 2008, which shall be known as the `Raccoon
Branch Wilderness'.
``(12) Certain land in the Jefferson National Forest
comprising approximately 3,270 acres, as generally depicted
on the map entitled `Stone Mountain' and dated April 28,
2008, which shall be known as the `Stone Mountain
Wilderness'.
``(13) Certain land in the Jefferson National Forest
comprising approximately 8,470 acres, as generally depicted
on the map entitled `Garden Mountain and Hunting Camp Creek'
and dated April 28, 2008, which shall be known as the
`Hunting Camp Creek Wilderness'.
``(14) Certain land in the Jefferson National Forest
comprising approximately 3,291 acres, as generally depicted
on the map entitled `Garden Mountain and Hunting Camp Creek'
and dated April 28, 2008, which shall be known as the `Garden
Mountain Wilderness'.
``(15) Certain land in the Jefferson National Forest
comprising approximately 5,476 acres, as generally depicted
on the map entitled `Mountain Lake Additions' and dated April
28, 2008, which is incorporated in the Mountain Lake
Wilderness designated by section 2(6) of the Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
586).
``(16) Certain land in the Jefferson National Forest
comprising approximately 308 acres, as generally depicted on
the map entitled `Lewis Fork Addition and Little Wilson Creek
Additions' and dated April 28, 2008, which is incorporated in
the Lewis Fork Wilderness designated by section 2(3) of the
Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-586).
``(17) Certain land in the Jefferson National Forest
comprising approximately 1,845 acres, as generally depicted
on the map entitled `Lewis Fork Addition and Little Wilson
Creek Additions' and dated April 28, 2008, which is
incorporated in the Little Wilson Creek Wilderness designated
by section 2(5) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).
``(18) Certain land in the Jefferson National Forest
comprising approximately 2,219 acres, as generally depicted
on the map entitled `Shawvers Run Additions' and dated April
28, 2008, which is incorporated in the Shawvers Run
Wilderness designated by paragraph (4).
``(19) Certain land in the Jefferson National Forest
comprising approximately 1,203 acres, as generally depicted
on the map entitled `Peters Mountain Addition' and dated
April 28, 2008, which is incorporated in the Peters Mountain
Wilderness designated by section 2(7) of the Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
586).
``(20) Certain land in the Jefferson National Forest
comprising approximately 263 acres, as generally depicted on
the map entitled `Kimberling Creek Additions and Potential
Wilderness Area' and dated April 28, 2008, which is
incorporated in the Kimberling Creek Wilderness designated by
section 2(2) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).''.
(b) Designation of Wilderness Study Area.--The Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
586) is amended--
(1) in the first section, by inserting ``as'' after
``cited''; and
(2) in section 6(a)--
(A) by striking ``certain'' each place it appears and
inserting ``Certain'';
(B) in each of paragraphs (1) and (2), by striking the
semicolon at the end and inserting a period;
(C) in paragraph (3), by striking ``; and'' and inserting a
period; and
(D) by adding at the end the following:
``(5) Certain land in the Jefferson National Forest
comprising approximately 3,226 acres, as generally depicted
on the map entitled `Lynn Camp Creek Wilderness Study Area'
and dated April 28, 2008, which shall be known as the `Lynn
Camp Creek Wilderness Study Area'.''.
SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL
WILDERNESS AREA, JEFFERSON NATIONAL FOREST,
VIRGINIA.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Jefferson National Forest comprising approximately 349 acres,
as generally depicted on the map entitled ``Kimberling Creek
Additions and Potential Wilderness Area'' and dated April 28,
2008, is designated as a potential wilderness area for
incorporation in the Kimberling Creek Wilderness designated
by section 2(2) of the Virginia Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-586).
(b) Management.--Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, and any other
activity necessary to restore the natural ecosystems in the
potential wilderness area), the Secretary may use motorized
equipment and mechanized transport in the potential
wilderness area until the date on which the potential
wilderness area is incorporated into the Kimberling Creek
Wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative
practice necessary to accomplish ecological restoration with
the least amount of adverse impact on wilderness character
and resources.
(d) Wilderness Designation.--The potential wilderness area
shall be designated as wilderness and incorporated in the
Kimberling Creek Wilderness on the earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in the potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 5 years after the date of enactment of
this Act.
SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS,
JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Establishment.--There are designated as National Scenic
Areas--
(1) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,192 acres, as
generally depicted on the map entitled ``Seng Mountain and
Raccoon Branch'' and dated April 28, 2008, which shall be
known as the ``Seng Mountain National Scenic Area''; and
(2) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,128 acres, as
generally depicted on the map entitled ``Bear Creek'' and
dated April 28, 2008, which shall be known as the ``Bear
Creek National Scenic Area''.
(b) Purposes.--The purposes of the scenic areas are--
(1) to ensure the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources of the scenic areas;
(2) consistent with paragraph (1), to protect wildlife and
fish habitat in the scenic areas;
(3) to protect areas in the scenic areas that may develop
characteristics of old-growth forests; and
(4) consistent with paragraphs (1), (2), and (3), to
provide a variety of recreation opportunities in the scenic
areas.
(c) Administration.--
(1) In general.--The Secretary shall administer the scenic
areas in accordance with--
(A) this subtitle; and
(B) the laws (including regulations) generally applicable
to the National Forest System.
(2) Authorized uses.--The Secretary shall only allow uses
of the scenic areas that the Secretary determines will
further the purposes of the scenic areas, as described in
subsection (b).
[[Page 6940]]
(d) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop as an
amendment to the land and resource management plan for the
Jefferson National Forest a management plan for the scenic
areas.
(2) Effect.--Nothing in this subsection requires the
Secretary to revise the land and resource management plan for
the Jefferson National Forest under section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(e) Roads.--
(1) In general.--Except as provided in paragraph (2), after
the date of enactment of this Act, no roads shall be
established or constructed within the scenic areas.
(2) Limitation.--Nothing in this subsection denies any
owner of private land (or an interest in private land) that
is located in a scenic area the right to access the private
land.
(f) Timber Harvest.--
(1) In general.--Except as provided in paragraphs (2) and
(3), no harvesting of timber shall be allowed within the
scenic areas.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the scenic areas if the Secretary determines that
the harvesting is necessary to--
(A) control fire;
(B) provide for public safety or trail access; or
(C) control insect and disease outbreaks.
(3) Firewood for personal use.--Firewood may be harvested
for personal use along perimeter roads in the scenic areas,
subject to any conditions that the Secretary may impose.
(g) Insect and Disease Outbreaks.--The Secretary may
control insect and disease outbreaks--
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private land.
(h) Vegetation Management.--The Secretary may engage in
vegetation manipulation practices in the scenic areas to
maintain the visual quality and wildlife clearings in
existence on the date of enactment of this Act.
(i) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2),
motorized vehicles shall not be allowed within the scenic
areas.
(2) Exceptions.--The Secretary may authorize the use of
motorized vehicles--
(A) to carry out administrative activities that further the
purposes of the scenic areas, as described in subsection (b);
(B) to assist wildlife management projects in existence on
the date of enactment of this Act; and
(C) during deer and bear hunting seasons--
(i) on Forest Development Roads 49410 and 84b; and
(ii) on the portion of Forest Development Road 6261
designated on the map described in subsection (a)(2) as
``open seasonally''.
(j) Wildfire Suppression.--Wildfire suppression within the
scenic areas shall be conducted--
(1) in a manner consistent with the purposes of the scenic
areas, as described in subsection (b); and
(2) using such means as the Secretary determines to be
appropriate.
(k) Water.--The Secretary shall administer the scenic areas
in a manner that maintains and enhances water quality.
(l) Withdrawal.--Subject to valid existing rights, all
Federal land in the scenic areas is withdrawn from--
(1) location, entry, and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing
laws.
SEC. 1105. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan.--The Secretary, in consultation with
interested parties, shall establish a trail plan to develop--
(1) in a manner consistent with the Wilderness Act (16
U.S.C. 1131 et seq.), hiking and equestrian trails in the
wilderness areas designated by paragraphs (9) through (20) of
section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as
added by section 1102(a)(5)); and
(2) nonmotorized recreation trails in the scenic areas.
(b) Implementation Report.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit
to Congress a report that describes the implementation of the
trail plan, including the identification of priority trails
for development.
(c) Sustainable Trail Required.--The Secretary shall
develop a sustainable trail, using a contour curvilinear
alignment, to provide for nonmotorized travel along the
southern boundary of the Raccoon Branch Wilderness
established by section 1(11) of Public Law 100-326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5)) connecting to
Forest Development Road 49352 in Smyth County, Virginia.
SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file with the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources and the Committee on
Agriculture of the House of Representatives maps and boundary
descriptions of--
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5));
(3) the wilderness study area designated by section 6(a)(5)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-586) (as added by section 1102(b)(2)(D)); and
(4) the potential wilderness area designated by section
1103(a).
(b) Force and Effect.--The maps and boundary descriptions
filed under subsection (a) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any minor errors in the maps and
boundary descriptions.
(c) Availability of Map and Boundary Description.--The maps
and boundary descriptions filed under subsection (a) shall be
on file and available for public inspection in the Office of
the Chief of the Forest Service.
(d) Conflict.--In the case of a conflict between a map
filed under subsection (a) and the acreage of the applicable
areas specified in this subtitle, the map shall control.
SEC. 1107. EFFECTIVE DATE.
Any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered
to be a reference to the date of enactment of this Act for
purposes of administering--
(1) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100-326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5)); and
(2) the potential wilderness area designated by section
1103(a).
Subtitle C--Mt. Hood Wilderness, Oregon
SEC. 1201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 1202. DESIGNATION OF WILDERNESS AREAS.
(a) Designation of Lewis and Clark Mount Hood Wilderness
Areas.--In accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), the following areas in the State of Oregon are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Badger creek wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
4,140 acres, as generally depicted on the maps entitled
``Badger Creek Wilderness--Badger Creek Additions'' and
``Badger Creek Wilderness--Bonney Butte'', dated July 16,
2007, which is incorporated in, and considered to be a part
of, the Badger Creek Wilderness, as designated by section
3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132
note; 98 Stat. 273).
(2) Bull of the woods wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately
10,180 acres, as generally depicted on the map entitled
``Bull of the Woods Wilderness--Bull of the Woods
Additions'', dated July 16, 2007, which is incorporated in,
and considered to be a part of, the Bull of the Woods
Wilderness, as designated by section 3(4) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(3) Clackamas wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 9,470 acres, as
generally depicted on the maps entitled ``Clackamas
Wilderness--Big Bottom'', ``Clackamas Wilderness--Clackamas
Canyon'', ``Clackamas Wilderness--Memaloose Lake'',
``Clackamas Wilderness--Sisi Butte'', and ``Clackamas
Wilderness--South Fork Clackamas'', dated July 16, 2007,
which shall be known as the ``Clackamas Wilderness''.
(4) Mark o. hatfield wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
25,960 acres, as generally depicted on the maps entitled
``Mark O. Hatfield Wilderness--Gorge Face'' and ``Mark O.
Hatfield Wilderness--Larch Mountain'', dated July 16, 2007,
which is incorporated in, and considered to be a part of, the
Mark O. Hatfield Wilderness, as designated by section 3(1) of
the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 273).
(5) Mount hood wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately
18,450 acres, as generally depicted on the maps entitled
``Mount Hood Wilderness--Barlow Butte'', ``Mount Hood
Wilderness--Elk Cove/Mazama'', ``Richard L. Kohnstamm
Memorial Area'', ``Mount Hood Wilderness--Sand Canyon'',
``Mount Hood Wilderness--Sandy Additions'', ``Mount Hood
Wilderness--Twin Lakes'', and ``Mount Hood Wilderness--White
River'', dated July 16, 2007, and the map entitled ``Mount
Hood Wilderness--Cloud Cap'', dated July 20, 2007, which is
incorporated in, and considered to be a part of, the Mount
Hood Wilderness, as designated under section 3(a) of the
Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section
3(d) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; 92 Stat. 43).
(6) Roaring river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 36,550 acres,
as generally depicted on the map entitled ``Roaring River
Wilderness--Roaring River Wilderness'', dated July 16, 2007,
which shall be known as the ``Roaring River Wilderness''.
[[Page 6941]]
(7) Salmon-huckleberry wilderness additions.--Certain
Federal land managed by the Forest Service, comprising
approximately 16,620 acres, as generally depicted on the maps
entitled ``Salmon-Huckleberry Wilderness--Alder Creek
Addition'', ``Salmon-Huckleberry Wilderness--Eagle Creek
Addition'', ``Salmon-Huckleberry Wilderness--Hunchback
Mountain'', ``Salmon-Huckleberry Wilderness--Inch Creek'',
``Salmon-Huckleberry Wilderness--Mirror Lake'', and ``Salmon-
Huckleberry Wilderness--Salmon River Meadows'', dated July
16, 2007, which is incorporated in, and considered to be a
part of, the Salmon-Huckleberry Wilderness, as designated by
section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273).
(8) Lower white river wilderness.--Certain Federal land
managed by the Forest Service and Bureau of Land Management,
comprising approximately 2,870 acres, as generally depicted
on the map entitled ``Lower White River Wilderness--Lower
White River'', dated July 16, 2007, which shall be known as
the ``Lower White River Wilderness''.
(b) Richard L. Kohnstamm Memorial Area.--Certain Federal
land managed by the Forest Service, as generally depicted on
the map entitled ``Richard L. Kohnstamm Memorial Area'',
dated July 16, 2007, is designated as the ``Richard L.
Kohnstamm Memorial Area''.
(c) Potential Wilderness Area; Additions to Wilderness
Areas.--
(1) Roaring river potential wilderness area.--
(A) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 900
acres identified as ``Potential Wilderness'' on the map
entitled ``Roaring River Wilderness'', dated July 16, 2007,
is designated as a potential wilderness area.
(B) Management.--The potential wilderness area designated
by subparagraph (A) shall be managed in accordance with
section 4 of the Wilderness Act (16 U.S.C. 1133).
(C) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that the
conditions in the potential wilderness area designated by
subparagraph (A) are compatible with the Wilderness Act (16
U.S.C. 1131 et seq.), the potential wilderness shall be--
(i) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(ii) incorporated into the Roaring River Wilderness
designated by subsection (a)(6).
(2) Addition to the mount hood wilderness.--On completion
of the land exchange under section 1206(a)(2), certain
Federal land managed by the Forest Service, comprising
approximately 1,710 acres, as generally depicted on the map
entitled ``Mount Hood Wilderness--Tilly Jane'', dated July
20, 2007, shall be incorporated in, and considered to be a
part of, the Mount Hood Wilderness, as designated under
section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and
enlarged by section 3(d) of the Endangered American
Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and
subsection (a)(5).
(3) Addition to the salmon-huckleberry wilderness.--On
acquisition by the United States, the approximately 160 acres
of land identified as ``Land to be acquired by USFS'' on the
map entitled ``Hunchback Mountain Land Exchange, Clackamas
County'', dated June 2006, shall be incorporated in, and
considered to be a part of, the Salmon-Huckleberry
Wilderness, as designated by section 3(2) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273)
and enlarged by subsection (a)(7).
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area and potential
wilderness area designated by this section, with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the maps and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(4) Description of land.--The boundaries of the areas
designated as wilderness by subsection (a) that are
immediately adjacent to a utility right-of-way or a Federal
Energy Regulatory Commission project boundary shall be 100
feet from the boundary of the right-of-way or the project
boundary.
(e) Administration.--
(1) In general.--Subject to valid existing rights, each
area designated as wilderness by this section shall be
administered by the Secretary that has jurisdiction over the
land within the wilderness, in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land within the
wilderness.
(2) Incorporation of acquired land and interests.--Any land
within the boundary of a wilderness area designated by this
section that is acquired by the United States shall--
(A) become part of the wilderness area in which the land is
located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(f) Buffer Zones.--
(1) In general.--As provided in the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress
does not intend for designation of wilderness areas in the
State under this section to lead to the creation of
protective perimeters or buffer zones around each wilderness
area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(g) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife.
(h) Fire, Insects, and Diseases.--As provided in section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within
the wilderness areas designated by this section, the
Secretary that has jurisdiction over the land within the
wilderness (referred to in this subsection as the
``Secretary'') may take such measures as are necessary to
control fire, insects, and diseases, subject to such terms
and conditions as the Secretary determines to be desirable
and appropriate.
(i) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the Federal land
designated as wilderness by this section is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
PROTECTION IN THE MOUNT HOOD AREA.
(a) Wild and Scenic River Designations, Mount Hood National
Forest.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(171) South fork clackamas river, oregon.--The 4.2-mile
segment of the South Fork Clackamas River from its confluence
with the East Fork of the South Fork Clackamas to its
confluence with the Clackamas River, to be administered by
the Secretary of Agriculture as a wild river.
``(172) Eagle creek, oregon.--The 8.3-mile segment of Eagle
Creek from its headwaters to the Mount Hood National Forest
boundary, to be administered by the Secretary of Agriculture
as a wild river.
``(173) Middle fork hood river.--The 3.7-mile segment of
the Middle Fork Hood River from the confluence of Clear and
Coe Branches to the north section line of section 11,
township 1 south, range 9 east, to be administered by the
Secretary of Agriculture as a scenic river.
``(174) South fork roaring river, oregon.--The 4.6-mile
segment of the South Fork Roaring River from its headwaters
to its confluence with Roaring River, to be administered by
the Secretary of Agriculture as a wild river.
``(175) Zig zag river, oregon.--The 4.3-mile segment of the
Zig Zag River from its headwaters to the Mount Hood
Wilderness boundary, to be administered by the Secretary of
Agriculture as a wild river.
``(176) Fifteenmile creek, oregon.--
``(A) In general.--The 11.1-mile segment of Fifteenmile
Creek from its source at Senecal Spring to the southern edge
of the northwest quarter of the northwest quarter of section
20, township 2 south, range 12 east, to be administered by
the Secretary of Agriculture in the following classes:
``(i) The 2.6-mile segment from its source at Senecal
Spring to the Badger Creek Wilderness boundary, as a wild
river.
``(ii) The 0.4-mile segment from the Badger Creek
Wilderness boundary to the point 0.4 miles downstream, as a
scenic river.
``(iii) The 7.9-mile segment from the point 0.4 miles
downstream of the Badger Creek Wilderness boundary to the
western edge of section 20, township 2 south, range 12 east
as a wild river.
``(iv) The 0.2-mile segment from the western edge of
section 20, township 2 south, range 12 east, to the southern
edge of the northwest quarter of the northwest quarter of
section 20, township 2 south, range 12 east as a scenic
river.
``(B) Inclusions.--Notwithstanding section 3(b), the
lateral boundaries of both the wild river area and the scenic
river area along Fifteenmile Creek shall include an average
[[Page 6942]]
of not more than 640 acres per mile measured from the
ordinary high water mark on both sides of the river.
``(177) East fork hood river, oregon.--The 13.5-mile
segment of the East Fork Hood River from Oregon State Highway
35 to the Mount Hood National Forest boundary, to be
administered by the Secretary of Agriculture as a
recreational river.
``(178) Collawash river, oregon.--The 17.8-mile segment of
the Collawash River from the headwaters of the East Fork
Collawash to the confluence of the mainstream of the
Collawash River with the Clackamas River, to be administered
by the Secretary of Agriculture in the following classes:
``(A) The 11.0-mile segment from the headwaters of the East
Fork Collawash River to Buckeye Creek, as a scenic river.
``(B) The 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
``(179) Fish creek, oregon.--The 13.5-mile segment of Fish
Creek from its headwaters to the confluence with the
Clackamas River, to be administered by the Secretary of
Agriculture as a recreational river.''.
(2) Effect.--The amendments made by paragraph (1) do not
affect valid existing water rights.
(b) Protection for Hood River, Oregon.--Section 13(a)(4) of
the ``Columbia River Gorge National Scenic Area Act'' (16
U.S.C. 544k(a)(4)) is amended by striking ``for a period not
to exceed twenty years from the date of enactment of this
Act,''.
SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA.
(a) Designation.--To provide for the protection,
preservation, and enhancement of recreational, ecological,
scenic, cultural, watershed, and fish and wildlife values,
there is established the Mount Hood National Recreation Area
within the Mount Hood National Forest.
(b) Boundary.--The Mount Hood National Recreation Area
shall consist of certain Federal land managed by the Forest
Service and Bureau of Land Management, comprising
approximately 34,550 acres, as generally depicted on the maps
entitled ``National Recreation Areas--Mount Hood NRA'',
``National Recreation Areas--Fifteenmile Creek NRA'', and
``National Recreation Areas--Shellrock Mountain'', dated
February 2007.
(c) Map and Legal Description.--
(1) Submission of legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and a legal description of the
Mount Hood National Recreation Area with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and the legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Administration.--
(1) In general.--The Secretary shall--
(A) administer the Mount Hood National Recreation Area--
(i) in accordance with the laws (including regulations) and
rules applicable to the National Forest System; and
(ii) consistent with the purposes described in subsection
(a); and
(B) only allow uses of the Mount Hood National Recreation
Area that are consistent with the purposes described in
subsection (a).
(2) Applicable law.--Any portion of a wilderness area
designated by section 1202 that is located within the Mount
Hood National Recreation Area shall be administered in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) Timber.--The cutting, sale, or removal of timber within
the Mount Hood National Recreation Area may be permitted--
(1) to the extent necessary to improve the health of the
forest in a manner that--
(A) maximizes the retention of large trees--
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote stands that are
fire-resilient and healthy;
(B) improves the habitats of threatened, endangered, or
sensitive species; or
(C) maintains or restores the composition and structure of
the ecosystem by reducing the risk of uncharacteristic
wildfire;
(2) to accomplish an approved management activity in
furtherance of the purposes established by this section, if
the cutting, sale, or removal of timber is incidental to the
management activity; or
(3) for de minimus personal or administrative use within
the Mount Hood National Recreation Area, where such use will
not impair the purposes established by this section.
(f) Road Construction.--No new or temporary roads shall be
constructed or reconstructed within the Mount Hood National
Recreation Area except as necessary--
(1) to protect the health and safety of individuals in
cases of an imminent threat of flood, fire, or any other
catastrophic event that, without intervention, would cause
the loss of life or property;
(2) to conduct environmental cleanup required by the United
States;
(3) to allow for the exercise of reserved or outstanding
rights provided for by a statute or treaty;
(4) to prevent irreparable resource damage by an existing
road; or
(5) to rectify a hazardous road condition.
(g) Withdrawal.--Subject to valid existing rights, all
Federal land within the Mount Hood National Recreation Area
is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
(h) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the
Federal land described in paragraph (2) is transferred from
the Bureau of Land Management to the Forest Service.
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 130 acres of land administered by
the Bureau of Land Management that is within or adjacent to
the Mount Hood National Recreation Area and that is
identified as ``BLM Lands'' on the map entitled ``National
Recreation Areas--Shellrock Mountain'', dated February 2007.
SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM,
AND CULTUS CREEK.
(a) Crystal Springs Watershed Special Resources Management
Unit.--
(1) Establishment.--
(A) In general.--On completion of the land exchange under
section 1206(a)(2), there shall be established a special
resources management unit in the State consisting of certain
Federal land managed by the Forest Service, as generally
depicted on the map entitled ``Crystal Springs Watershed
Special Resources Management Unit'', dated June 2006
(referred to in this subsection as the ``map''), to be known
as the ``Crystal Springs Watershed Special Resources
Management Unit'' (referred to in this subsection as the
``Management Unit'').
(B) Exclusion of certain land.--The Management Unit does
not include any National Forest System land otherwise covered
by subparagraph (A) that is designated as wilderness by
section 1202.
(C) Withdrawal.--
(i) In general.--Subject to valid rights in existence on
the date of enactment of this Act, the Federal land
designated as the Management Unit is withdrawn from all forms
of--
(I) entry, appropriation, or disposal under the public land
laws;
(II) location, entry, and patent under the mining laws; and
(III) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(ii) Exception.--Clause (i)(I) does not apply to the parcel
of land generally depicted as ``HES 151'' on the map.
(2) Purposes.--The purposes of the Management Unit are--
(A) to ensure the protection of the quality and quantity of
the Crystal Springs watershed as a clean drinking water
source for the residents of Hood River County, Oregon; and
(B) to allow visitors to enjoy the special scenic, natural,
cultural, and wildlife values of the Crystal Springs
watershed.
(3) Map and legal description.--
(A) Submission of legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and a legal description of the
Management Unit with--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Force of law.--The map and legal description filed
under subparagraph (A) shall have the same force and effect
as if included in this subtitle, except that the Secretary
may correct typographical errors in the map and legal
description.
(C) Public availability.--The map and legal description
filed under subparagraph (A) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(4) Administration.--
(A) In general.--The Secretary shall--
(i) administer the Management Unit--
(I) in accordance with the laws (including regulations) and
rules applicable to units of the National Forest System; and
(II) consistent with the purposes described in paragraph
(2); and
(ii) only allow uses of the Management Unit that are
consistent with the purposes described in paragraph (2).
(B) Fuel reduction in proximity to improvements and primary
public roads.--To protect the water quality, water quantity,
and scenic, cultural, natural, and wildlife values of the
Management Unit, the Secretary may conduct fuel reduction and
forest health management treatments to maintain and restore
fire-resilient forest structures containing late successional
forest structure characterized by large trees and
multistoried
[[Page 6943]]
canopies, as ecologically appropriate, on National Forest
System land in the Management Unit--
(i) in any area located not more than 400 feet from
structures located on--
(I) National Forest System land; or
(II) private land adjacent to National Forest System land;
(ii) in any area located not more than 400 feet from the
Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski
Area Loop Road; and
(iii) on any other National Forest System land in the
Management Unit, with priority given to activities that
restore previously harvested stands, including the removal of
logging slash, smaller diameter material, and ladder fuels.
(5) Prohibited activities.--Subject to valid existing
rights, the following activities shall be prohibited on
National Forest System land in the Management Unit:
(A) New road construction or renovation of existing non-
System roads, except as necessary to protect public health
and safety.
(B) Projects undertaken for the purpose of harvesting
commercial timber (other than activities relating to the
harvest of merchantable products that are byproducts of
activities conducted to further the purposes described in
paragraph (2)).
(C) Commercial livestock grazing.
(D) The placement of new fuel storage tanks.
(E) Except to the extent necessary to further the purposes
described in paragraph (2), the application of any toxic
chemicals (other than fire retardants), including pesticides,
rodenticides, or herbicides.
(6) Forest road closures.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary may provide for the closure or gating to the
general public of any Forest Service road within the
Management Unit.
(B) Exception.--Nothing in this subsection requires the
Secretary to close the road commonly known as ``Cloud Cap
Road'', which shall be administered in accordance with
otherwise applicable law.
(7) Private land.--
(A) Effect.--Nothing in this subsection affects the use of,
or access to, any private property within the area identified
on the map as the ``Crystal Springs Zone of Contribution''
by--
(i) the owners of the private property; and
(ii) guests to the private property.
(B) Cooperation.--The Secretary is encouraged to work with
private landowners who have agreed to cooperate with the
Secretary to further the purposes of this subsection.
(8) Acquisition of land.--
(A) In general.--The Secretary may acquire from willing
landowners any land located within the area identified on the
map as the ``Crystal Springs Zone of Contribution''.
(B) Inclusion in management unit.--On the date of
acquisition, any land acquired under subparagraph (A) shall
be incorporated in, and be managed as part of, the Management
Unit.
(b) Protections for Upper Big Bottom and Cultus Creek.--
(1) In general.--The Secretary shall manage the Federal
land administered by the Forest Service described in
paragraph (2) in a manner that preserves the natural and
primitive character of the land for recreational, scenic, and
scientific use.
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 1,580 acres, as generally depicted on
the map entitled ``Upper Big Bottom'', dated July 16, 2007;
and
(B) the approximately 280 acres identified as ``Cultus
Creek'' on the map entitled ``Clackamas Wilderness--South
Fork Clackamas'', dated July 16, 2007.
(3) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and
legal descriptions of the Federal land described in paragraph
(2) with--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Force of law.--The maps and legal descriptions filed
under subparagraph (A) shall have the same force and effect
as if included in this subtitle, except that the Secretary
may correct typographical errors in the maps and legal
descriptions.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(4) Use of land.--
(A) In general.--Subject to valid existing rights, with
respect to the Federal land described in paragraph (2), the
Secretary shall only allow uses that are consistent with the
purposes identified in paragraph (1).
(B) Prohibited uses.--The following shall be prohibited on
the Federal land described in paragraph (2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum requirements
for the administration of the Federal land and to protect
public health and safety--
(I) the use of motor vehicles; or
(II) the establishment of temporary roads.
(5) Withdrawal.--Subject to valid existing rights, the
Federal land described in paragraph (2) is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing.
SEC. 1206. LAND EXCHANGES.
(a) Cooper Spur-Government Camp Land Exchange.--
(1) Definitions.--In this subsection:
(A) County.--The term ``County'' means Hood River County,
Oregon.
(B) Exchange map.--The term ``exchange map'' means the map
entitled ``Cooper Spur/Government Camp Land Exchange'', dated
June 2006.
(C) Federal land.--The term ``Federal land'' means the
approximately 120 acres of National Forest System land in the
Mount Hood National Forest in Government Camp, Clackamas
County, Oregon, identified as ``USFS Land to be Conveyed'' on
the exchange map.
(D) Mt. hood meadows.--The term ``Mt. Hood Meadows'' means
the Mt. Hood Meadows Oregon, Limited Partnership.
(E) Non-federal land.--The term ``non-Federal land''
means--
(i) the parcel of approximately 770 acres of private land
at Cooper Spur identified as ``Land to be acquired by USFS''
on the exchange map; and
(ii) any buildings, furniture, fixtures, and equipment at
the Inn at Cooper Spur and the Cooper Spur Ski Area covered
by an appraisal described in paragraph (2)(D).
(2) Cooper spur-government camp land exchange.--
(A) Conveyance of land.--Subject to the provisions of this
subsection, if Mt. Hood Meadows offers to convey to the
United States all right, title, and interest of Mt. Hood
Meadows in and to the non-Federal land, the Secretary shall
convey to Mt. Hood Meadows all right, title, and interest of
the United States in and to the Federal land (other than any
easements reserved under subparagraph (G)), subject to valid
existing rights.
(B) Compliance with existing law.--Except as otherwise
provided in this subsection, the Secretary shall carry out
the land exchange under this subsection in accordance with
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land exchange under this
subsection, title to the non-Federal land to be acquired by
the Secretary under this subsection shall be acceptable to
the Secretary.
(ii) Terms and conditions.--The conveyance of the Federal
land and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and Mt. Hood Meadows
shall select an appraiser to conduct an appraisal of the
Federal land and non-Federal land.
(ii) Requirements.--An appraisal under clause (i) shall be
conducted in accordance with nationally recognized appraisal
standards, including--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(ii) Costs.--The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange, shall
be determined by the Secretary and Mt. Hood Meadows.
(F) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this
subsection shall be completed not later than 16 months after
the date of enactment of this Act.
(G) Reservation of easements.--As a condition of the
conveyance of the Federal land, the Secretary shall reserve--
(i) a conservation easement to the Federal land to protect
existing wetland, as identified by the Oregon Department of
State Lands, that allows equivalent wetland mitigation
measures to compensate for minor wetland encroachments
necessary for the orderly development of the Federal land;
and
(ii) a trail easement to the Federal land that allows--
(I) nonmotorized use by the public of existing trails;
(II) roads, utilities, and infrastructure facilities to
cross the trails; and
(III) improvement or relocation of the trails to
accommodate development of the Federal land.
(b) Port of Cascade Locks Land Exchange.--
(1) Definitions.--In this subsection:
[[Page 6944]]
(A) Exchange map.--The term ``exchange map'' means the map
entitled ``Port of Cascade Locks/Pacific Crest National
Scenic Trail Land Exchange'', dated June 2006.
(B) Federal land.--The term ``Federal land'' means the
parcel of land consisting of approximately 10 acres of
National Forest System land in the Columbia River Gorge
National Scenic Area identified as ``USFS Land to be
conveyed'' on the exchange map.
(C) Non-federal land.--The term ``non-Federal land'' means
the parcels of land consisting of approximately 40 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
(D) Port.--The term ``Port'' means the Port of Cascade
Locks, Cascade Locks, Oregon.
(2) Land exchange, port of cascade locks-pacific crest
national scenic trail.--
(A) Conveyance of land.--Subject to the provisions of this
subsection, if the Port offers to convey to the United States
all right, title, and interest of the Port in and to the non-
Federal land, the Secretary shall, subject to valid existing
rights, convey to the Port all right, title, and interest of
the United States in and to the Federal land.
(B) Compliance with existing law.--Except as otherwise
provided in this subsection, the Secretary shall carry out
the land exchange under this subsection in accordance with
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).
(3) Conditions on acceptance.--
(A) Title.--As a condition of the land exchange under this
subsection, title to the non-Federal land to be acquired by
the Secretary under this subsection shall be acceptable to
the Secretary.
(B) Terms and conditions.--The conveyance of the Federal
land and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(4) Appraisals.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall select an
appraiser to conduct an appraisal of the Federal land and
non-Federal land.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with nationally recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(5) Surveys.--
(A) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(B) Costs.--The responsibility for the costs of any surveys
conducted under subparagraph (A), and any other
administrative costs of carrying out the land exchange, shall
be determined by the Secretary and the Port.
(6) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this
subsection shall be completed not later than 16 months after
the date of enactment of this Act.
(c) Hunchback Mountain Land Exchange and Boundary
Adjustment.--
(1) Definitions.--In this subsection:
(A) County.--The term ``County'' means Clackamas County,
Oregon.
(B) Exchange map.--The term ``exchange map'' means the map
entitled ``Hunchback Mountain Land Exchange, Clackamas
County'', dated June 2006.
(C) Federal land.--The term ``Federal land'' means the
parcel of land consisting of approximately 160 acres of
National Forest System land in the Mount Hood National Forest
identified as ``USFS Land to be Conveyed'' on the exchange
map.
(D) Non-federal land.--The term ``non-Federal land'' means
the parcel of land consisting of approximately 160 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
(2) Hunchback mountain land exchange.--
(A) Conveyance of land.--Subject to the provisions of this
paragraph, if the County offers to convey to the United
States all right, title, and interest of the County in and to
the non-Federal land, the Secretary shall, subject to valid
existing rights, convey to the County all right, title, and
interest of the United States in and to the Federal land.
(B) Compliance with existing law.--Except as otherwise
provided in this paragraph, the Secretary shall carry out the
land exchange under this paragraph in accordance with section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(C) Conditions on acceptance.--
(i) Title.--As a condition of the land exchange under this
paragraph, title to the non-Federal land to be acquired by
the Secretary under this paragraph shall be acceptable to the
Secretary.
(ii) Terms and conditions.--The conveyance of the Federal
land and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(D) Appraisals.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall select an
appraiser to conduct an appraisal of the Federal land and
non-Federal land.
(ii) Requirements.--An appraisal under clause (i) shall be
conducted in accordance with nationally recognized appraisal
standards, including--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.
(E) Surveys.--
(i) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(ii) Costs.--The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange, shall
be determined by the Secretary and the County.
(F) Deadline for completion of land exchange.--It is the
intent of Congress that the land exchange under this
paragraph shall be completed not later than 16 months after
the date of enactment of this Act.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Mount Hood National
Forest shall be adjusted to incorporate--
(i) any land conveyed to the United States under paragraph
(2); and
(ii) the land transferred to the Forest Service by section
1204(h)(1).
(B) Additions to the national forest system.--The Secretary
shall administer the land described in subparagraph (A)--
(i) in accordance with--
(I) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(II) any laws (including regulations) applicable to the
National Forest System; and
(ii) subject to sections 1202(c)(3) and 1204(d), as
applicable.
(C) Land and water conservation fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Mount Hood National
Forest modified by this paragraph shall be considered to be
the boundaries of the Mount Hood National Forest in existence
as of January 1, 1965.
(d) Conditions on Development of Federal Land.--
(1) Requirements applicable to the conveyance of federal
land.--
(A) In general.--As a condition of each of the conveyances
of Federal land under this section, the Secretary shall
include in the deed of conveyance a requirement that
applicable construction activities and alterations shall be
conducted in accordance with--
(i) nationally recognized building and property maintenance
codes; and
(ii) nationally recognized codes for development in the
wildland-urban interface and wildfire hazard mitigation.
(B) Applicable law.--To the maximum extent practicable, the
codes required under subparagraph (A) shall be consistent
with the nationally recognized codes adopted or referenced by
the State or political subdivisions of the State.
(C) Enforcement.--The requirements under subparagraph (A)
may be enforced by the same entities otherwise enforcing
codes, ordinances, and standards.
(2) Compliance with codes on federal land.--The Secretary
shall ensure that applicable construction activities and
alterations undertaken or permitted by the Secretary on
National Forest System land in the Mount Hood National Forest
are conducted in accordance with--
(A) nationally recognized building and property maintenance
codes; and
(B) nationally recognized codes for development in the
wildland-urban interface development and wildfire hazard
mitigation.
(3) Effect on enforcement by states and political
subdivisions.--Nothing in this subsection alters or limits
the power of the State or a political subdivision of the
State to implement or enforce any law (including
regulations), rule, or standard relating to development or
fire prevention and control.
SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES.
(a) Transportation Plan.--
(1) In general.--The Secretary shall seek to participate in
the development of an integrated, multimodal transportation
plan developed by the Oregon Department of Transportation for
the Mount Hood region to achieve comprehensive solutions to
transportation challenges in the Mount Hood region--
(A) to promote appropriate economic development;
(B) to preserve the landscape of the Mount Hood region; and
(C) to enhance public safety.
(2) Issues to be addressed.--In participating in the
development of the transportation plan under paragraph (1),
the Secretary shall seek to address--
(A) transportation alternatives between and among
recreation areas and gateway communities that are located
within the Mount Hood region;
(B) establishing park-and-ride facilities that shall be
located at gateway communities;
(C) establishing intermodal transportation centers to link
public transportation, parking, and recreation destinations;
(D) creating a new interchange on Oregon State Highway 26
located adjacent to or within Government Camp;
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(E) designating, maintaining, and improving alternative
routes using Forest Service or State roads for--
(i) providing emergency routes; or
(ii) improving access to, and travel within, the Mount Hood
region;
(F) the feasibility of establishing--
(i) a gondola connection that--
(I) connects Timberline Lodge to Government Camp; and
(II) is located in close proximity to the site of the
historic gondola corridor; and
(ii) an intermodal transportation center to be located in
close proximity to Government Camp;
(G) burying power lines located in, or adjacent to, the
Mount Hood National Forest along Interstate 84 near the City
of Cascade Locks, Oregon; and
(H) creating mechanisms for funding the implementation of
the transportation plan under paragraph (1), including--
(i) funds provided by the Federal Government;
(ii) public-private partnerships;
(iii) incremental tax financing; and
(iv) other financing tools that link transportation
infrastructure improvements with development.
(b) Mount Hood National Forest Stewardship Strategy.--
(1) In general.--The Secretary shall prepare a report on,
and implementation schedule for, the vegetation management
strategy (including recommendations for biomass utilization)
for the Mount Hood National Forest being developed by the
Forest Service.
(2) Submission to congress.--
(A) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit the report
to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Implementation schedule.--Not later than 1 year after
the date on which the vegetation management strategy referred
to in paragraph (1) is completed, the Secretary shall submit
the implementation schedule to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(c) Local and Tribal Relationships.--
(1) Management plan.--
(A) In general.--The Secretary, in consultation with Indian
tribes with treaty-reserved gathering rights on land
encompassed by the Mount Hood National Forest and in a manner
consistent with the memorandum of understanding entered into
between the Department of Agriculture, the Bureau of Land
Management, the Bureau of Indian Affairs, and the
Confederated Tribes and Bands of the Warm Springs Reservation
of Oregon, dated April 25, 2003, as modified, shall develop
and implement a management plan that meets the cultural foods
obligations of the United States under applicable treaties,
including the Treaty with the Tribes and Bands of Middle
Oregon of June 25, 1855 (12 Stat. 963).
(B) Effect.--This paragraph shall be considered to be
consistent with, and is intended to help implement, the
gathering rights reserved by the treaty described in
subparagraph (A).
(2) Savings provisions regarding relations with indian
tribes.--
(A) Treaty rights.--Nothing in this subtitle alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian tribe, including the off-reservation
reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
(B) Tribal land.--Nothing in this subtitle affects land
held in trust by the Secretary of the Interior for Indian
tribes or individual members of Indian tribes or other land
acquired by the Army Corps of Engineers and administered by
the Secretary of the Interior for the benefit of Indian
tribes and individual members of Indian tribes.
(d) Recreational Uses.--
(1) Mount hood national forest recreational working
group.--The Secretary may establish a working group for the
purpose of providing advice and recommendations to the Forest
Service on planning and implementing recreation enhancements
in the Mount Hood National Forest.
(2) Consideration of conversion of forest roads to
recreational uses.--In considering a Forest Service road in
the Mount Hood National Forest for possible closure and
decommissioning after the date of enactment of this Act, the
Secretary, in accordance with applicable law, shall consider,
as an alternative to decommissioning the road, converting the
road to recreational uses to enhance recreational
opportunities in the Mount Hood National Forest.
(3) Improved trail access for persons with disabilities.--
The Secretary, in consultation with the public, may design
and construct a trail at a location selected by the Secretary
in Mount Hood National Forest suitable for use by persons
with disabilities.
Subtitle D--Copper Salmon Wilderness, Oregon
SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation.--Section 3 of the Oregon Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-328) is amended--
(1) in the matter preceding paragraph (1), by striking
``eight hundred fifty-nine thousand six hundred acres'' and
inserting ``873,300 acres'';
(2) in paragraph (29), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(30) certain land in the Siskiyou National Forest,
comprising approximately 13,700 acres, as generally depicted
on the map entitled `Proposed Copper Salmon Wilderness Area'
and dated December 7, 2007, to be known as the `Copper Salmon
Wilderness'.''.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture (referred
to in this subtitle as the ``Secretary'') shall file a map
and a legal description of the Copper Salmon Wilderness
with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and legal
description.
(3) Boundary.--If the boundary of the Copper Salmon
Wilderness shares a border with a road, the Secretary may
only establish an offset that is not more than 150 feet from
the centerline of the road.
(4) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER,
OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(76)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``19-mile segment'' and inserting ``29-mile segment'';
(2) in subparagraph (A), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (B) and inserting the
following:
``(B)(i) The approximately 0.6-mile segment of the North
Fork Elk from its source in sec. 21, T. 33 S., R. 12 W.,
Willamette Meridian, downstream to 0.01 miles below Forest
Service Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of the North Fork
Elk from 0.01 miles below Forest Service Road 3353 to its
confluence with the South Fork Elk, as a wild river.
``(C)(i) The approximately 0.9-mile segment of the South
Fork Elk from its source in the southeast quarter of sec. 32,
T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353, as a scenic river.
``(ii) The approximately 4.2-mile segment of the South Fork
Elk from 0.01 miles below Forest Service Road 3353 to its
confluence with the North Fork Elk, as a wild river.''.
SEC. 1303. PROTECTION OF TRIBAL RIGHTS.
(a) In General.--Nothing in this subtitle shall be
construed as diminishing any right of any Indian tribe.
(b) Memorandum of Understanding.--The Secretary shall seek
to enter into a memorandum of understanding with the Coquille
Indian Tribe regarding access to the Copper Salmon Wilderness
to conduct historical and cultural activities.
Subtitle E--Cascade-Siskiyou National Monument, Oregon
SEC. 1401. DEFINITIONS.
In this subtitle:
(1) Box r ranch land exchange map.--The term ``Box R Ranch
land exchange map'' means the map entitled ``Proposed Rowlett
Land Exchange'' and dated June 13, 2006.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 40 acres of
land administered by the Bureau of Land Management identified
as ``Rowlett Selected'', as generally depicted on the Box R
Ranch land exchange map.
(3) Deerfield land exchange map.--The term ``Deerfield land
exchange map'' means the map entitled ``Proposed Deerfield-
BLM Property Line Adjustment'' and dated May 1, 2008.
(4) Deerfield parcel.--The term ``Deerfield parcel'' means
the approximately 1.5 acres of land identified as ``From
Deerfield to BLM'', as generally depicted on the Deerfield
land exchange map.
(5) Federal parcel.--The term ``Federal parcel'' means the
approximately 1.3 acres of land administered by the Bureau of
Land Management identified as ``From BLM to Deerfield'', as
generally depicted on the Deerfield land exchange map.
(6) Grazing allotment.--The term ``grazing allotment''
means any of the Box R, Buck Lake, Buck Mountain, Buck Point,
Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie,
Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove
Creek, and Soda Mountain grazing allotments in the State.
(7) Grazing lease.--The term ``grazing lease'' means any
document authorizing the use of a grazing allotment for the
purpose of grazing livestock for commercial purposes.
[[Page 6946]]
(8) Landowner.--The term ``Landowner'' means the owner of
the Box R Ranch in the State.
(9) Lessee.--The term ``lessee'' means a livestock operator
that holds a valid existing grazing lease for a grazing
allotment.
(10) Livestock.--The term ``livestock'' does not include
beasts of burden used for recreational purposes.
(11) Monument.--The term ``Monument'' means the Cascade-
Siskiyou National Monument in the State.
(12) Rowlett parcel.--The term ``Rowlett parcel'' means the
parcel of approximately 40 acres of private land identified
as ``Rowlett Offered'', as generally depicted on the Box R
Ranch land exchange map.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) State.--The term ``State'' means the State of Oregon.
(15) Wilderness.--The term ``Wilderness'' means the Soda
Mountain Wilderness designated by section 1405(a).
(16) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Soda Mountain Wilderness'' and dated May 5,
2008.
SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) Existing Grazing Leases.--
(1) Donation of lease.--
(A) Acceptance by secretary.--The Secretary shall accept
any grazing lease that is donated by a lessee.
(B) Termination.--The Secretary shall terminate any grazing
lease acquired under subparagraph (A).
(C) No new grazing lease.--Except as provided in paragraph
(3), with respect to each grazing lease donated under
subparagraph (A), the Secretary shall--
(i) not issue any new grazing lease within the grazing
allotment covered by the grazing lease; and
(ii) ensure a permanent end to livestock grazing on the
grazing allotment covered by the grazing lease.
(2) Donation of portion of grazing lease.--
(A) In general.--A lessee with a grazing lease for a
grazing allotment partially within the Monument may elect to
donate only that portion of the grazing lease that is within
the Monument.
(B) Acceptance by secretary.--The Secretary shall accept
the portion of a grazing lease that is donated under
subparagraph (A).
(C) Modification of lease.--Except as provided in paragraph
(3), if a lessee donates a portion of a grazing lease under
subparagraph (A), the Secretary shall--
(i) reduce the authorized grazing level and area to reflect
the donation; and
(ii) modify the grazing lease to reflect the reduced level
and area of use.
(D) Authorized level.--To ensure that there is a permanent
reduction in the level and area of livestock grazing on the
land covered by a portion of a grazing lease donated under
subparagraph (A), the Secretary shall not allow grazing to
exceed the authorized level and area established under
subparagraph (C).
(3) Common allotments.--
(A) In general.--If a grazing allotment covered by a
grazing lease or portion of a grazing lease that is donated
under paragraph (1) or (2) also is covered by another grazing
lease that is not donated, the Secretary shall reduce the
grazing level on the grazing allotment to reflect the
donation.
(B) Authorized level.--To ensure that there is a permanent
reduction in the level of livestock grazing on the land
covered by the grazing lease or portion of a grazing lease
donated under paragraph (1) or (2), the Secretary shall not
allow grazing to exceed the level established under
subparagraph (A).
(b) Limitations.--The Secretary--
(1) with respect to the Agate, Emigrant Creek, and Siskiyou
allotments in and near the Monument--
(A) shall not issue any grazing lease; and
(B) shall ensure a permanent end to livestock grazing on
each allotment; and
(2) shall not establish any new allotments for livestock
grazing that include any Monument land (whether leased or not
leased for grazing on the date of enactment of this Act).
(c) Effect of Donation.--A lessee who donates a grazing
lease or a portion of a grazing lease under this section
shall be considered to have waived any claim to any range
improvement on the associated grazing allotment or portion of
the associated grazing allotment, as applicable.
SEC. 1403. BOX R RANCH LAND EXCHANGE.
(a) In General.--For the purpose of protecting and
consolidating Federal land within the Monument, the
Secretary--
(1) may offer to convey to the Landowner the Bureau of Land
Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer--
(A) the Secretary shall convey to the Landowner all right,
title, and interest of the United States in and to the Bureau
of Land Management land; and
(B) the Landowner shall convey to the Secretary all right,
title, and interest of the Landowner in and to the Rowlett
parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Bureau of Land Management land and the Rowlett parcel
shall be determined by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined
by the Secretary and the Landowner.
(c) Conditions.--The conveyance of the Bureau of Land
Management land and the Rowlett parcel under this section
shall be subject to--
(1) valid existing rights;
(2) title to the Rowlett parcel being acceptable to the
Secretary and in conformance with the title approval
standards applicable to Federal land acquisitions;
(3) such terms and conditions as the Secretary may require;
and
(4) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Bureau of Land Management land and the
Rowlett parcel shall be appraised by an independent appraiser
selected by the Secretary.
(2) Requirements.--An appraisal conducted under paragraph
(1) shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this
subsection shall be submitted to the Secretary for approval.
(e) Grazing Allotment.--As a condition of the land exchange
authorized under this section, the lessee of the grazing
lease for the Box R grazing allotment shall donate the Box R
grazing lease in accordance with section 1402(a)(1).
SEC. 1404. DEERFIELD LAND EXCHANGE.
(a) In General.--For the purpose of protecting and
consolidating Federal land within the Monument, the
Secretary--
(1) may offer to convey to Deerfield Learning Associates
the Federal parcel in exchange for the Deerfield parcel; and
(2) if Deerfield Learning Associates accepts the offer--
(A) the Secretary shall convey to Deerfield Learning
Associates all right, title, and interest of the United
States in and to the Federal parcel; and
(B) Deerfield Learning Associates shall convey to the
Secretary all right, title, and interest of Deerfield
Learning Associates in and to the Deerfield parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal parcel and the Deerfield parcel shall be
determined by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined
by the Secretary and Deerfield Learning Associates.
(c) Conditions.--
(1) In general.--The conveyance of the Federal parcel and
the Deerfield parcel under this section shall be subject to--
(A) valid existing rights;
(B) title to the Deerfield parcel being acceptable to the
Secretary and in conformance with the title approval
standards applicable to Federal land acquisitions;
(C) such terms and conditions as the Secretary may require;
and
(D) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Federal parcel and the Deerfield
parcel shall be appraised by an independent appraiser
selected by the Secretary.
(2) Requirements.--An appraisal conducted under paragraph
(1) shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this
subsection shall be submitted to the Secretary for approval.
SEC. 1405. SODA MOUNTAIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), approximately 24,100 acres of Monument
land, as generally depicted on the wilderness map, is
designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Soda
Mountain Wilderness''.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and legal description of the
Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force and effect.--
(A) In general.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in
[[Page 6947]]
this subtitle, except that the Secretary may correct any
clerical or typographical error in the map or legal
description.
(B) Notification.--The Secretary shall submit to Congress
notice of any changes made in the map or legal description
under subparagraph (A), including notice of the reason for
the change.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(A) any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Fire, insect, and disease management activities.--
Except as provided by Presidential Proclamation Number 7318,
dated June 9, 2000 (65 Fed. Reg. 37247), within the
wilderness areas designated by this subtitle, the Secretary
may take such measures in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)) as are necessary to
control fire, insects, and diseases, subject to such terms
and conditions as the Secretary determines to be desirable
and appropriate.
(3) Livestock.--Except as provided in section 1402 and by
Presidential Proclamation Number 7318, dated June 9, 2000 (65
Fed. Reg. 37247), the grazing of livestock in the Wilderness,
if established before the date of enactment of this Act,
shall be permitted to continue subject to such reasonable
regulations as are considered necessary by the Secretary in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this subtitle affects the jurisdiction of the
State with respect to fish and wildlife on public land in the
State.
(5) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Wilderness
that is acquired by the United States shall--
(A) become part of the Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
SEC. 1406. EFFECT.
Nothing in this subtitle--
(1) affects the authority of a Federal agency to modify or
terminate grazing permits or leases, except as provided in
section 1402;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease
on Federal land;
(4) establishes a precedent for future grazing permit or
lease donation programs; or
(5) affects the allocation, ownership, interest, or
control, in existence on the date of enactment of this Act,
of any water, water right, or any other valid existing right
held by the United States, an Indian tribe, a State, or a
private individual, partnership, or corporation.
Subtitle F--Owyhee Public Land Management
SEC. 1501. DEFINITIONS.
In this subtitle:
(1) Account.--The term ``account'' means the Owyhee Land
Acquisition Account established by section 1505(b)(1).
(2) County.--The term ``County'' means Owyhee County,
Idaho.
(3) Owyhee front.--The term ``Owyhee Front'' means the area
of the County from Jump Creek on the west to Mud Flat Road on
the east and draining north from the crest of the Silver City
Range to the Snake River.
(4) Plan.--The term ``plan'' means a travel management plan
for motorized and mechanized off-highway vehicle recreation
prepared under section 1507.
(5) Public land.--The term ``public land'' has the meaning
given the term in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Idaho.
(8) Tribes.--The term ``Tribes'' means the Shoshone Paiute
Tribes of the Duck Valley Reservation.
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment.--The Secretary, in coordination with the
Tribes, State, and County, and in consultation with the
University of Idaho, Federal grazing permittees, and public,
shall establish the Owyhee Science Review and Conservation
Center in the County to conduct research projects to address
natural resources management issues affecting public and
private rangeland in the County.
(b) Purpose.--The purpose of the center established under
subsection (a) shall be to facilitate the collection and
analysis of information to provide Federal and State
agencies, the Tribes, the County, private landowners, and the
public with information on improved rangeland management.
SEC. 1503. WILDERNESS AREAS.
(a) Wilderness Areas Designation.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Big jacks creek wilderness.--Certain land comprising
approximately 52,826 acres, as generally depicted on the map
entitled ``Little Jacks Creek and Big Jacks Creek
Wilderness'' and dated May 5, 2008, which shall be known as
the ``Big Jacks Creek Wilderness''.
(B) Bruneau-jarbidge rivers wilderness.--Certain land
comprising approximately 89,996 acres, as generally depicted
on the map entitled ``Bruneau-Jarbidge Rivers Wilderness''
and dated December 15, 2008, which shall be known as the
``Bruneau-Jarbidge Rivers Wilderness''.
(C) Little jacks creek wilderness.--Certain land comprising
approximately 50,929 acres, as generally depicted on the map
entitled ``Little Jacks Creek and Big Jacks Creek
Wilderness'' and dated May 5, 2008, which shall be known as
the ``Little Jacks Creek Wilderness''.
(D) North fork owyhee wilderness.--Certain land comprising
approximately 43,413 acres, as generally depicted on the map
entitled ``North Fork Owyhee and Pole Creek Wilderness'' and
dated May 5, 2008, which shall be known as the ``North Fork
Owyhee Wilderness''.
(E) Owyhee river wilderness.--Certain land comprising
approximately 267,328 acres, as generally depicted on the map
entitled ``Owyhee River Wilderness'' and dated May 5, 2008,
which shall be known as the ``Owyhee River Wilderness''.
(F) Pole creek wilderness.--Certain land comprising
approximately 12,533 acres, as generally depicted on the map
entitled ``North Fork Owyhee and Pole Creek Wilderness'' and
dated May 5, 2008, which shall be known as the ``Pole Creek
Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a map and legal description for each area
designated as wilderness by this subtitle.
(B) Effect.--Each map and legal description submitted under
subparagraph (A) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct minor errors in the map or legal description.
(C) Availability.--Each map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of the Bureau of Land Management.
(3) Release of wilderness study areas.--
(A) In general.--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 public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(B) Release.--Any public land referred to in subparagraph
(A) that is not designated as wilderness by this subtitle--
(i) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(ii) shall be managed in accordance with the applicable
land use plan adopted under section 202 of that Act (43
U.S.C. 1712).
(b) Administration.--
(1) In general.--Subject to valid existing rights, each
area designated as wilderness by this subtitle shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Withdrawal.--Subject to valid existing rights, the
Federal land designated as wilderness by this subtitle is
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Livestock.--
(A) In general.--In the wilderness areas designated by this
subtitle, the grazing of livestock in areas in which grazing
is established as of the date of enactment of this Act shall
be allowed to continue, subject to such reasonable
regulations, policies, and practices as the Secretary
considers necessary,
[[Page 6948]]
consistent with section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)) and the guidelines described in Appendix A
of House Report 101-405.
(B) Inventory.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall conduct an
inventory of existing facilities and improvements associated
with grazing activities in the wilderness areas and wild and
scenic rivers designated by this subtitle.
(C) Fencing.--The Secretary may construct and maintain
fencing around wilderness areas designated by this subtitle
as the Secretary determines to be appropriate to enhance
wilderness values.
(D) Donation of grazing permits or leases.--
(i) Acceptance by secretary.--The Secretary shall accept
the donation of any valid existing permits or leases
authorizing grazing on public land, all or a portion of which
is within the wilderness areas designated by this subtitle.
(ii) Termination.--With respect to each permit or lease
donated under clause (i), the Secretary shall--
(I) terminate the grazing permit or lease; and
(II) except as provided in clause (iii), ensure a permanent
end to grazing on the land covered by the permit or lease.
(iii) Common allotments.--
(I) In general.--If the land covered by a permit or lease
donated under clause (i) is also covered by another valid
existing permit or lease that is not donated under clause
(i), the Secretary shall reduce the authorized grazing level
on the land covered by the permit or lease to reflect the
donation of the permit or lease under clause (i).
(II) Authorized level.--To ensure that there is a permanent
reduction in the level of grazing on the land covered by a
permit or lease donated under clause (i), the Secretary shall
not allow grazing use to exceed the authorized level
established under subclause (I).
(iv) Partial donation.--
(I) In general.--If a person holding a valid grazing permit
or lease donates less than the full amount of grazing use
authorized under the permit or lease, the Secretary shall--
(aa) reduce the authorized grazing level to reflect the
donation; and
(bb) modify the permit or lease to reflect the revised
level of use.
(II) Authorized level.--To ensure that there is a permanent
reduction in the authorized level of grazing on the land
covered by a permit or lease donated under subclause (I), the
Secretary shall not allow grazing use to exceed the
authorized level established under that subclause.
(4) Acquisition of land and interests in land.--
(A) In general.--Consistent with applicable law, the
Secretary may acquire land or interests in land within the
boundaries of the wilderness areas designated by this
subtitle by purchase, donation, or exchange.
(B) Incorporation of acquired land.--Any land or interest
in land in, or adjoining the boundary of, a wilderness area
designated by this subtitle that is acquired by the United
States shall be added to, and administered as part of, the
wilderness area in which the acquired land or interest in
land is located.
(5) Trail plan.--
(A) In general.--The Secretary, after providing
opportunities for public comment, shall establish a trail
plan that addresses hiking and equestrian trails on the land
designated as wilderness by this subtitle, in a manner
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
(B) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the implementation of the trail plan.
(6) Outfitting and guide activities.--Consistent with
section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)),
commercial services (including authorized outfitting and
guide activities) are authorized in wilderness areas
designated by this subtitle to the extent necessary for
activities that fulfill the recreational or other wilderness
purposes of the areas.
(7) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall provide any owner of private property within the
boundary of a wilderness area designated by this subtitle
adequate access to the property.
(8) Fish and wildlife.--
(A) In general.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish and wildlife
on public land in the State.
(B) Management activities.--
(i) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas designated
by this subtitle, if the management activities are--
(I) consistent with relevant wilderness management plans;
and
(II) conducted in accordance with appropriate policies,
such as the policies established in Appendix B of House
Report 101-405.
(ii) Inclusions.--Management activities under clause (i)
may include the occasional and temporary use of motorized
vehicles, if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
while causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in
accordance with appropriate policies, such as those
established in Appendix B of House Report 101-405, the State
may use aircraft (including helicopters) in the wilderness
areas designated by this subtitle to survey, capture,
transplant, monitor, and provide water for wildlife
populations, including bighorn sheep, and feral stock, feral
horses, and feral burros.
(9) Wildfire, insect, and disease management.--Consistent
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take any measures that the
Secretary determines to be necessary to control fire,
insects, and diseases, including, as the Secretary determines
appropriate, the coordination of those activities with a
State or local agency.
(10) Adjacent management.--
(A) In general.--The designation of a wilderness area by
this subtitle shall not create any protective perimeter or
buffer zone around the wilderness area.
(B) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by this subtitle shall not
preclude the conduct of those activities or uses outside the
boundary of the wilderness area.
(11) Military overflights.--Nothing in this subtitle
restricts or precludes--
(A) low-level overflights of military aircraft over the
areas designated as wilderness by this subtitle, including
military overflights that can be seen or heard within the
wilderness areas;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
(12) Water rights.--
(A) In general.--The designation of areas as wilderness by
subsection (a) shall not create an express or implied
reservation by the United States of any water or water rights
for wilderness purposes with respect to such areas.
(B) Exclusions.--This paragraph does not apply to any
components of the National Wild and Scenic Rivers System
designated by section 1504.
SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is
amended by adding at the end the following:
``(180) Battle creek, idaho.--The 23.4 miles of Battle
Creek from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
``(181) Big jacks creek, idaho.--The 35.0 miles of Big
Jacks Creek from the downstream border of the Big Jacks Creek
Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which
it enters the NW \1/4\ of sec. 26, T. 10 S., R. 2 E., Boise
Meridian, to be administered by the Secretary of the Interior
as a wild river.
``(182) Bruneau river, idaho.--
``(A) In general.--Except as provided in subparagraph (B),
the 39.3-mile segment of the Bruneau River from the
downstream boundary of the Bruneau-Jarbidge Wilderness to the
upstream confluence with the west fork of the Bruneau River,
to be administered by the Secretary of the Interior as a wild
river.
``(B) Exception.--Notwithstanding subparagraph (A), the
0.6-mile segment of the Bruneau River at the Indian Hot
Springs public road access shall be administered by the
Secretary of the Interior as a recreational river.
``(183) West fork bruneau river, idaho.--The approximately
0.35 miles of the West Fork of the Bruneau River from the
confluence with the Jarbidge River to the downstream boundary
of the Bruneau Canyon Grazing Allotment in the SE/NE of sec.
5, T. 13 S., R. 7 E., Boise Meridian, to be administered by
the Secretary of the Interior as a wild river.
``(184) Cottonwood creek, idaho.--The 2.6 miles of
Cottonwood Creek from the confluence with Big Jacks Creek to
the upstream boundary of the Big Jacks Creek Wilderness, to
be administered by the Secretary of the Interior as a wild
river.
``(185) Deep creek, idaho.--The 13.1-mile segment of Deep
Creek from the confluence with the Owyhee River to the
upstream boundary of the Owyhee River Wilderness in sec. 30,
T. 12 S., R. 2 W., Boise Meridian, to be administered by the
Secretary of the Interior as a wild river.
``(186) Dickshooter creek, idaho.--The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek to a
point on the stream \1/4\ mile due west of the east boundary
[[Page 6949]]
of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be
administered by the Secretary of the Interior as a wild
river.
``(187) Duncan creek, idaho.--The 0.9-mile segment of
Duncan Creek from the confluence with Big Jacks Creek
upstream to the east boundary of sec. 18, T. 10 S., R. 4 E.,
Boise Meridian, to be administered by the Secretary of the
Interior as a wild river.
``(188) Jarbidge river, idaho.--The 28.8 miles of the
Jarbidge River from the confluence with the West Fork Bruneau
River to the upstream boundary of the Bruneau-Jarbidge Rivers
Wilderness, to be administered by the Secretary of the
Interior as a wild river.
``(189) Little jacks creek, idaho.--The 12.4 miles of
Little Jacks Creek from the downstream boundary of the Little
Jacks Creek Wilderness, upstream to the mouth of OX Prong
Creek, to be administered by the Secretary of the Interior as
a wild river.
``(190) North fork owyhee river, idaho.--The following
segments of the North Fork of the Owyhee River, to be
administered by the Secretary of the Interior:
``(A) The 5.7-mile segment from the Idaho-Oregon State
border to the upstream boundary of the private land at the
Juniper Mt. Road crossing, as a recreational river.
``(B) The 15.1-mile segment from the upstream boundary of
the North Fork Owyhee River recreational segment designated
in paragraph (A) to the upstream boundary of the North Fork
Owyhee River Wilderness, as a wild river.
``(191) Owyhee river, idaho.--
``(A) In general.--Subject to subparagraph (B), the 67.3
miles of the Owyhee River from the Idaho-Oregon State border
to the upstream boundary of the Owyhee River Wilderness, to
be administered by the Secretary of the Interior as a wild
river.
``(B) Access.--The Secretary of the Interior shall allow
for continued access across the Owyhee River at Crutchers
Crossing, subject to such terms and conditions as the
Secretary of the Interior determines to be necessary.
``(192) Red canyon, idaho.--The 4.6 miles of Red Canyon
from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
``(193) Sheep creek, idaho.--The 25.6 miles of Sheep Creek
from the confluence with the Bruneau River to the upstream
boundary of the Bruneau-Jarbidge Rivers Wilderness, to be
administered by the Secretary of the Interior as a wild
river.
``(194) South fork owyhee river, idaho.--
``(A) In general.--Except as provided in subparagraph (B),
the 31.4-mile segment of the South Fork of the Owyhee River
upstream from the confluence with the Owyhee River to the
upstream boundary of the Owyhee River Wilderness at the
Idaho-Nevada State border, to be administered by the
Secretary of the Interior as a wild river.
``(B) Exception.--Notwithstanding subparagraph (A), the
1.2-mile segment of the South Fork of the Owyhee River from
the point at which the river enters the southernmost boundary
to the point at which the river exits the northernmost
boundary of private land in sec. 25 and 26, T. 14 S., R. 5
W., Boise Meridian, shall be administered by the Secretary of
the Interior as a recreational river.
``(195) Wickahoney creek, idaho.--The 1.5 miles of
Wickahoney Creek from the confluence of Big Jacks Creek to
the upstream boundary of the Big Jacks Creek Wilderness, to
be administered by the Secretary of the Interior as a wild
river.''.
(b) Boundaries.--Notwithstanding section 3(b) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a
river segment designated as a component of the National Wild
and Scenic Rivers System under this subtitle shall extend not
more than the shorter of--
(1) an average distance of \1/4\ mile from the high water
mark on both sides of the river segment; or
(2) the distance to the nearest confined canyon rim.
(c) Land Acquisition.--The Secretary shall not acquire any
private land within the exterior boundary of a wild and
scenic river corridor without the consent of the owner.
SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.
(a) In General.--Consistent with applicable law, the
Secretary may sell public land located within the Boise
District of the Bureau of Land Management that, as of July
25, 2000, has been identified for disposal in appropriate
resource management plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a proportion
of the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land
under subsection (a) shall be deposited in a separate account
in the Treasury of the United States to be known as the
``Owyhee Land Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be available
to the Secretary, without further appropriation, to purchase
land or interests in land in, or adjacent to, the wilderness
areas designated by this subtitle, including land identified
as ``Proposed for Acquisition'' on the maps described in
section 1503(a)(1).
(B) Applicable law.--Any purchase of land or interest in
land under subparagraph (A) shall be in accordance with
applicable law.
(3) Applicability.--This subsection applies to public land
within the Boise District of the Bureau of Land Management
sold on or after January 1, 2008.
(4) Additional amounts.--If necessary, the Secretary may
use additional amounts appropriated to the Department of the
Interior, subject to applicable reprogramming guidelines.
(c) Termination of Authority.--
(1) In general.--The authority provided under this section
terminates on the earlier of--
(A) the date that is 10 years after the date of enactment
of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) Availability of amounts.--Any amounts remaining in the
account on the termination of authority under this section
shall be--
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(C) used in accordance with that subtitle.
SEC. 1506. TRIBAL CULTURAL RESOURCES.
(a) Coordination.--The Secretary shall coordinate with the
Tribes in the implementation of the Shoshone Paiute Cultural
Resource Protection Plan.
(b) Agreements.--The Secretary shall seek to enter into
agreements with the Tribes to implement the Shoshone Paiute
Cultural Resource Protection Plan to protect cultural sites
and resources important to the continuation of the traditions
and beliefs of the Tribes.
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.
(a) In General.--In accordance with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), the
Secretary shall, in coordination with the Tribes, State, and
County, prepare 1 or more travel management plans for
motorized and mechanized off-highway vehicle recreation for
the land managed by the Bureau of Land Management in the
County.
(b) Inventory.--Before preparing the plan under subsection
(a), the Secretary shall conduct resource and route
inventories of the area covered by the plan.
(c) Limitation to Designated Routes.--
(1) In general.--Except as provided in paragraph (2), the
plan shall limit recreational motorized and mechanized off-
highway vehicle use to a system of designated roads and
trails established by the plan.
(2) Exception.--Paragraph (1) shall not apply to
snowmobiles.
(d) Temporary Limitation.--
(1) In general.--Except as provided in paragraph (2), until
the date on which the Secretary completes the plan, all
recreational motorized and mechanized off-highway vehicle use
shall be limited to roads and trails lawfully in existence on
the day before the date of enactment of this Act.
(2) Exception.--Paragraph (1) shall not apply to--
(A) snowmobiles; or
(B) areas specifically identified as open, closed, or
limited in the Owyhee Resource Management Plan.
(e) Schedule.--
(1) Owyhee front.--It is the intent of Congress that, not
later than 1 year after the date of enactment of this Act,
the Secretary shall complete a transportation plan for the
Owyhee Front.
(2) Other bureau of land management land in the county.--It
is the intent of Congress that, not later than 3 years after
the date of enactment of this Act, the Secretary shall
complete a transportation plan for Bureau of Land Management
land in the County outside the Owyhee Front.
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle G--Sabinoso Wilderness, New Mexico
SEC. 1601. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled
``Sabinoso Wilderness'' and dated September 8, 2008.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.
(a) In General.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
16,030 acres of land under the jurisdiction of the Taos Field
Office Bureau of Land Management, New Mexico, as generally
depicted on the map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to
be known as the ``Sabinoso Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the
[[Page 6950]]
Secretary shall file a map and a legal description of the
Sabinoso Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the map and
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Sabinoso Wilderness shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Sabinoso
Wilderness that is acquired by the United States shall--
(A) become part of the Sabinoso Wilderness; and
(B) be managed in accordance with this subtitle and any
other laws applicable to the Sabinoso Wilderness.
(3) Grazing.--The grazing of livestock in the Sabinoso
Wilderness, if established before the date of enactment of
this Act, shall be administered in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Fish and wildlife.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction of the State with respect
to fish and wildlife in the State.
(5) Access.--
(A) In general.--In accordance with section 5(a) of the
Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall
continue to allow private landowners adequate access to
inholdings in the Sabinoso Wilderness.
(B) Certain land.--For access purposes, private land within
T. 16 N., R. 23 E., secs. 17 and 20 and the N \1/2\ of sec.
21, N.M.M., shall be managed as an inholding in the Sabinoso
Wilderness.
(d) Withdrawal.--Subject to valid existing rights, the land
generally depicted on the map as ``Lands Withdrawn From
Mineral Entry'' and ``Lands Released From Wilderness Study
Area & Withdrawn From Mineral Entry'' is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws, except disposal by exchange in
accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716);
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(e) Release of Wilderness Study Areas.--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
public lands within the Sabinoso Wilderness Study Area not
designated as wilderness by this subtitle--
(1) have been adequately studied for wilderness designation
and are no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with applicable law
(including subsection (d)) and the land use management plan
for the surrounding area.
Subtitle H--Pictured Rocks National Lakeshore Wilderness
SEC. 1651. DEFINITIONS.
In this subtitle:
(1) Line of demarcation.--The term ``line of demarcation''
means the point on the bank or shore at which the surface
waters of Lake Superior meet the land or sand beach,
regardless of the level of Lake Superior.
(2) Map.--The term ``map'' means the map entitled
``Pictured Rocks National Lakeshore Beaver Basin Wilderness
Boundary'', numbered 625/80,051, and dated April 16, 2007.
(3) National lakeshore.--The term ``National Lakeshore''
means the Pictured Rocks National Lakeshore.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Wilderness.--The term ``Wilderness'' means the Beaver
Basin Wilderness designated by section 1652(a).
SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the land described in subsection (b) is
designated as wilderness and as a component of the National
Wilderness Preservation System, to be known as the ``Beaver
Basin Wilderness''.
(b) Description of Land.--The land referred to in
subsection (a) is the land and inland water comprising
approximately 11,740 acres within the National Lakeshore, as
generally depicted on the map.
(c) Boundary.--
(1) Line of demarcation.--The line of demarcation shall be
the boundary for any portion of the Wilderness that is
bordered by Lake Superior.
(2) Surface water.--The surface water of Lake Superior,
regardless of the fluctuating lake level, shall be considered
to be outside the boundary of the Wilderness.
(d) Map and Legal Description.--
(1) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(2) Legal description.--As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a legal description of the boundary of the
Wilderness.
(3) Force and effect.--The map and the legal description
submitted under paragraph (2) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical errors in
the map and legal description.
SEC. 1653. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) with respect to land administered by the Secretary, any
reference in that Act to the Secretary of Agriculture shall
be considered to be a reference to the Secretary.
(b) Use of Electric Motors.--The use of boats powered by
electric motors on Little Beaver and Big Beaver Lakes may
continue, subject to any applicable laws (including
regulations).
SEC. 1654. EFFECT.
Nothing in this subtitle--
(1) modifies, alters, or affects any treaty rights;
(2) alters the management of the water of Lake Superior
within the boundary of the Pictured Rocks National Lakeshore
in existence on the date of enactment of this Act; or
(3) prohibits--
(A) the use of motors on the surface water of Lake Superior
adjacent to the Wilderness; or
(B) the beaching of motorboats at the line of demarcation.
Subtitle I--Oregon Badlands Wilderness
SEC. 1701. DEFINITIONS.
In this subtitle:
(1) District.--The term ``District'' means the Central
Oregon Irrigation District.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Badlands Wilderness'' and dated September 3,
2008.
SEC. 1702. OREGON BADLANDS WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 29,301 acres of
Bureau of Land Management land in the State, as generally
depicted on the wilderness map, is designated as wilderness
and as a component of the National Wilderness Preservation
System, to be known as the ``Oregon Badlands Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Oregon Badlands Wilderness shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Oregon
Badlands Wilderness that is acquired by the United States
shall--
(A) become part of the Oregon Badlands Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Grazing.--The grazing of livestock in the Oregon
Badlands Wilderness, if established before the date of
enactment of this Act, shall be permitted to continue subject
to such reasonable regulations as are considered necessary by
the Secretary in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
[[Page 6951]]
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(4) Access to private property.--In accordance with section
5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary
shall provide any owner of private property within the
boundary of the Oregon Badlands Wilderness adequate access to
the property.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of
certain Federal land managed by the Bureau of Land Management
with a width of 25 feet, as generally depicted on the
wilderness map as ``Potential Wilderness'', is designated as
potential wilderness.
(2) Interim management.--The potential wilderness
designated by paragraph (1) shall be managed in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that
the Secretary may allow nonconforming uses that are
authorized and in existence on the date of enactment of this
Act to continue in the potential wilderness.
(3) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) that are permitted under paragraph (2) have
terminated, the potential wilderness shall be--
(A) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(B) incorporated into the Oregon Badlands Wilderness.
(d) Map and Legal Description.--
(1) 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 Oregon Badlands Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 1703. RELEASE.
(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 portions of the Badlands
wilderness study area that are not designated as the Oregon
Badlands Wilderness or as potential wilderness have been
adequately studied for wilderness or potential wilderness
designation.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable land
use plan adopted under section 202 of that Act (43 U.S.C.
1712).
SEC. 1704. LAND EXCHANGES.
(a) Clarno Land Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the Landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 239 acres of non-Federal
land identified on the wilderness map as ``Clarno to Federal
Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 209 acres of Federal
land identified on the wilderness map as ``Federal Government
to Clarno''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(b) District Exchange.--
(1) Conveyance of land.--Subject to subsections (c) through
(e), if the District offers to convey to the United States
all right, title, and interest of the District in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the District all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 527 acres of non-Federal
land identified on the wilderness map as ``COID to Federal
Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 697 acres of Federal
land identified on the wilderness map as ``Federal Government
to COID''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(c) Applicable Law.--Except as otherwise provided in this
section, the Secretary shall carry out the land exchanges
under this section in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(d) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this
section--
(A) shall be equal, as determined by appraisals conducted
in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-Federal land
to be exchanged under this section shall be appraised by an
independent, qualified appraiser that is agreed to by the
Secretary and the owner of the non-Federal land to be
exchanged.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(i) making a cash equalization payment to the Secretary or
to the owner of the non-Federal land, as appropriate, in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(B) Cash equalization payments.--Any cash equalization
payments received by the Secretary under subparagraph (A)(i)
shall be--
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(e) Conditions of Exchange.--
(1) In general.--The land exchanges under this section
shall be subject to such terms and conditions as the
Secretary may require.
(2) Costs.--As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal
Government and the owner of the non-Federal land shall
equally share all costs relating to the land exchange,
including the costs of appraisals, surveys, and any necessary
environmental clearances.
(3) Valid existing rights.--The exchange of Federal land
and non-Federal land under this section shall be subject to
any easements, rights-of-way, and other valid rights in
existence on the date of enactment of this Act.
(f) Completion of Land Exchange.--It is the intent of
Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment
of this Act.
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges,
diminishes, or abrogates the treaty rights of any Indian
tribe, including the off-reservation reserved rights secured
by the Treaty with the Tribes and Bands of Middle Oregon of
June 25, 1855 (12 Stat. 963).
Subtitle J--Spring Basin Wilderness, Oregon
SEC. 1751. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Oregon.
(3) Tribes.--The term ``Tribes'' means the Confederated
Tribes of the Warm Springs Reservation of Oregon.
(4) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Spring Basin Wilderness with Land Exchange
Proposals'' and dated September 3, 2008.
SEC. 1752. SPRING BASIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau
of Land Management land in the State, as generally depicted
on the wilderness map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to
be known as the ``Spring Basin Wilderness''.
(b) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Spring Basin Wilderness shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
[[Page 6952]]
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(2) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Spring Basin
Wilderness that is acquired by the United States shall--
(A) become part of the Spring Basin Wilderness; and
(B) be managed in accordance with this Act, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
(3) Grazing.--The grazing of livestock in the Spring Basin
Wilderness, if established before the date of enactment of
this Act, shall be permitted to continue subject to such
reasonable regulations as are considered necessary by the
Secretary, in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Spring Basin Wilderness with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this section, except that the Secretary may
correct any typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 1753. RELEASE.
(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 portions of the Spring Basin
wilderness study area that are not designated by section
1752(a) as the Spring Basin Wilderness in the following areas
have been adequately studied for wilderness designation:
(1) T. 8 S., R. 19 E., sec. 10, NE \1/4\, W \1/2\.
(2) T. 8 S., R. 19 E., sec. 25, SE \1/4\, SE \1/4\.
(3) T. 8 S., R. 20 E., sec. 19, SE \1/4\, S \1/2\ of the S
\1/2\.
(b) Release.--Any public land described in subsection (a)
that is not designated as wilderness by this subtitle--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable land
use plan adopted under section 202 of that Act (43 U.S.C.
1712).
SEC. 1754. LAND EXCHANGES.
(a) Confederated Tribes of the Warm Springs Reservation
Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the Tribes offer to convey to the United States all
right, title, and interest of the Tribes in and to the non-
Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the Tribes all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 4,480 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the CTWSIR to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 4,578 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to CTWSIR''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(4) Withdrawal.--Subject to valid existing rights, the land
acquired by the Secretary under this subsection is withdrawn
from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under any law relating to mineral and
geothermal leasing or mineral materials.
(b) McGreer Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 18 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from McGreer to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 327 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to McGreer''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(c) Keys Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 180 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from Keys to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 187 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to Keys''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(d) Bowerman Land Exchange.--
(1) Conveyance of land.--Subject to subsections (e) through
(g), if the landowner offers to convey to the United States
all right, title, and interest of the landowner in and to the
non-Federal land described in paragraph (2)(A), the Secretary
shall--
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal land,
convey to the landowner all right, title, and interest of the
United States in and to the Federal land described in
paragraph (2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 32 acres of non-Federal
land identified on the wilderness map as ``Lands proposed for
transfer from Bowerman to the Federal Government''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is the approximately 24 acres of Federal
land identified on the wilderness map as ``Lands proposed for
transfer from the Federal Government to Bowerman''.
(3) Surveys.--The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(e) Applicable Law.--Except as otherwise provided in this
section, the Secretary shall carry out the land exchanges
under this section in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(f) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal land and the non-
Federal land to be conveyed in a land exchange under this
section--
(A) shall be equal, as determined by appraisals conducted
in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and the non-Federal land
to be exchanged under this section shall be appraised by an
independent, qualified appraiser that is agreed to by the
Secretary and the owner of the non-Federal land to be
exchanged.
(B) Requirements.--An appraisal under subparagraph (A)
shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(3) Equalization.--
(A) In general.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(i) making a cash equalization payment to the Secretary or
to the owner of the non-Federal land, as appropriate, in
accordance
[[Page 6953]]
with section 206(b) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(B) Cash equalization payments.--Any cash equalization
payments received by the Secretary under subparagraph (A)(i)
shall be--
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(g) Conditions of Exchange.--
(1) In general.--The land exchanges under this section
shall be subject to such terms and conditions as the
Secretary may require.
(2) Costs.--As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal
Government and the owner of the non-Federal land shall
equally share all costs relating to the land exchange,
including the costs of appraisals, surveys, and any necessary
environmental clearances.
(3) Valid existing rights.--The exchange of Federal land
and non-Federal land under this section shall be subject to
any easements, rights-of-way, and other valid rights in
existence on the date of enactment of this Act.
(h) Completion of Land Exchange.--It is the intent of
Congress that the land exchanges under this section shall be
completed not later than 2 years after the date of enactment
of this Act.
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges,
diminishes, or abrogates the treaty rights of any Indian
tribe, including the off-reservation reserved rights secured
by the Treaty with the Tribes and Bands of Middle Oregon of
June 25, 1855 (12 Stat. 963).
Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness,
California
SEC. 1801. DEFINITIONS.
In this subtitle:
(1) Forest.--The term ``Forest'' means the Ancient
Bristlecone Pine Forest designated by section 1808(a).
(2) Recreation area.--The term ``Recreation Area'' means
the Bridgeport Winter Recreation Area designated by section
1806(a).
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(4) State.--The term ``State'' means the State of
California.
(5) Trail.--The term ``Trail'' means the Pacific Crest
National Scenic Trail.
SEC. 1802. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as
wilderness and as components of the National Wilderness
Preservation System:
(1) Hoover wilderness additions.--
(A) In general.--Certain land in the Humboldt-Toiyabe and
Inyo National Forests, comprising approximately 79,820 acres
and identified as ``Hoover East Wilderness Addition,''
``Hoover West Wilderness Addition'', and ``Bighorn Proposed
Wilderness Addition'', as generally depicted on the maps
described in subparagraph (B), is incorporated in, and shall
be considered to be a part of, the Hoover Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Humboldt-Toiyabe National Forest
Proposed Management'' and dated September 17, 2008; and
(ii) the map entitled ``Bighorn Proposed Wilderness
Additions'' and dated September 23, 2008.
(C) Effect.--The designation of the wilderness under
subparagraph (A) shall not affect the ongoing activities of
the adjacent United States Marine Corps Mountain Warfare
Training Center on land outside the designated wilderness, in
accordance with the agreement between the Center and the
Humboldt-Toiyabe National Forest.
(2) Owens river headwaters wilderness.--Certain land in the
Inyo National Forest, comprising approximately 14,721 acres,
as generally depicted on the map entitled ``Owens River
Headwaters Proposed Wilderness'' and dated September 16,
2008, which shall be known as the ``Owens River Headwaters
Wilderness''.
(3) John muir wilderness additions.--
(A) In general.--Certain land in the Inyo National Forest
and certain land administered by the Bureau of Land
Management in Inyo County, California, comprising
approximately 70,411 acres, as generally depicted on the maps
described in subparagraph (B), is incorporated in, and shall
be considered to be a part of, the John Muir Wilderness.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``John Muir Proposed Wilderness
Addition (1 of 5)'' and dated September 23, 2008;
(ii) the map entitled ``John Muir Proposed Wilderness
Addition (2 of 5)'' and dated September 23, 2008;
(iii) the map entitled ``John Muir Proposed Wilderness
Addition (3 of 5)'' and dated October 31, 2008;
(iv) the map entitled ``John Muir Proposed Wilderness
Addition (4 of 5)'' and dated September 16, 2008; and
(v) the map entitled ``John Muir Proposed Wilderness
Addition (5 of 5)'' and dated September 16, 2008.
(C) Boundary revision.--The boundary of the John Muir
Wilderness is revised as depicted on the map entitled ``John
Muir Wilderness--Revised'' and dated September 16, 2008.
(4) Ansel adams wilderness addition.--Certain land in the
Inyo National Forest, comprising approximately 528 acres, as
generally depicted on the map entitled ``Ansel Adams Proposed
Wilderness Addition'' and dated September 16, 2008, is
incorporated in, and shall be considered to be a part of, the
Ansel Adams Wilderness.
(5) White mountains wilderness.--
(A) In general.--Certain land in the Inyo National Forest
and certain land administered by the Bureau of Land
Management in Mono County, California, comprising
approximately 229,993 acres, as generally depicted on the
maps described in subparagraph (B), which shall be known as
the ``White Mountains Wilderness''.
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``White Mountains Proposed Wilderness-
Map 1 of 2 (North)'' and dated September 16, 2008; and
(ii) the map entitled ``White Mountains Proposed
Wilderness-Map 2 of 2 (South)'' and dated September 16, 2008.
(6) Granite mountain wilderness.--Certain land in the Inyo
National Forest and certain land administered by the Bureau
of Land Management in Mono County, California, comprising
approximately 34,342 acres, as generally depicted on the map
entitled ``Granite Mountain Wilderness'' and dated September
19, 2008, which shall be known as the ``Granite Mountain
Wilderness''.
(7) Magic mountain wilderness.--Certain land in the Angeles
National Forest, comprising approximately 12,282 acres, as
generally depicted on the map entitled ``Magic Mountain
Proposed Wilderness'' and dated December 16, 2008, which
shall be known as the ``Magic Mountain Wilderness''.
(8) Pleasant view ridge wilderness.--Certain land in the
Angeles National Forest, comprising approximately 26,757
acres, as generally depicted on the map entitled ``Pleasant
View Ridge Proposed Wilderness'' and dated December 16, 2008,
which shall be known as the ``Pleasant View Ridge
Wilderness''.
SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, the
Secretary shall administer the wilderness areas and
wilderness additions designated by this subtitle in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this subtitle with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the
Secretary.
(c) Incorporation of Acquired Land and Interests.--Any land
(or interest in land) within the boundary of a wilderness
area or wilderness addition designated by this subtitle that
is acquired by the Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(d) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, any Federal land
designated as a wilderness area or wilderness addition by
this subtitle is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing or mineral materials.
(e) Fire Management and Related Activities.--
[[Page 6954]]
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this
subtitle as are necessary for the control of fire, insects,
and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40
of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
and wilderness additions designated by this subtitle.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire management
plans that apply to the land designated as a wilderness area
or wilderness addition by this subtitle.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
areas and wilderness additions designated by this subtitle,
the Secretary shall--
(A) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(f) Access to Private Property.--The Secretary shall
provide any owner of private property within the boundary of
a wilderness area or wilderness addition designated by this
subtitle adequate access to the property to ensure the
reasonable use and enjoyment of the property by the owner.
(g) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
subtitle;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
this subtitle; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions
designated by this subtitle.
(h) Livestock.--Grazing of livestock and the maintenance of
existing facilities relating to grazing in wilderness areas
or wilderness additions designated by this subtitle, if
established before the date of enactment of this Act, shall
be permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(i) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may
carry out management activities to maintain or restore fish
and wildlife populations and fish and wildlife habitats in
wilderness areas or wilderness additions designated by this
subtitle if the activities are--
(A) consistent with applicable wilderness management plans;
and
(B) carried out in accordance with applicable guidelines
and policies.
(2) State jurisdiction.--Nothing in this subtitle affects
the jurisdiction of the State with respect to fish and
wildlife on public land located in the State.
(j) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, an area designated as wilderness or as a
wilderness addition by this subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(k) Outfitter and Guide Use.--Outfitter and guide
activities conducted under permits issued by the Forest
Service on the additions to the John Muir, Ansel Adams, and
Hoover wilderness areas designated by this subtitle shall be
in addition to any existing limits established for the John
Muir, Ansel Adams, and Hoover wilderness areas.
(l) Transfer to the Forest Service.--
(1) White mountains wilderness.--Administrative
jurisdiction over the approximately 946 acres of land
identified as ``Transfer of Administrative Jurisdiction from
BLM to FS'' on the maps described in section 1802(5)(B) is
transferred from the Bureau of Land Management to the Forest
Service to be managed as part of the White Mountains
Wilderness.
(2) John muir wilderness.--Administrative jurisdiction over
the approximately 143 acres of land identified as ``Transfer
of Administrative Jurisdiction from BLM to FS'' on the maps
described in section 1802(3)(B) is transferred from the
Bureau of Land Management to the Forest Service to be managed
as part of the John Muir Wilderness.
(m) Transfer to the Bureau of Land Management.--
Administrative jurisdiction over the approximately 3,010
acres of land identified as ``Land from FS to BLM'' on the
maps described in section 1802(6) is transferred from the
Forest Service to the Bureau of Land Management to be managed
as part of the Granite Mountain Wilderness.
SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for purposes of section
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area or wilderness addition by this subtitle or
any other Act enacted before the date of enactment of this
Act has been adequately studied for wilderness.
(b) Description of Study Areas.--The study areas referred
to in subsection (a) are--
(1) the Masonic Mountain Wilderness Study Area;
(2) the Mormon Meadow Wilderness Study Area;
(3) the Walford Springs Wilderness Study Area; and
(4) the Granite Mountain Wilderness Study Area.
(c) Release.--Any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area or wilderness addition by this subtitle or
any other Act enacted before the date of enactment of this
Act shall not be subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is
amended by adding at the end the following:
``(196) Amargosa river, california.--The following segments
of the Amargosa River in the State of California, to be
administered by the Secretary of the Interior:
``(A) The approximately 4.1-mile segment of the Amargosa
River from the northern boundary of sec. 7, T. 21 N., R. 7
E., to 100 feet upstream of the Tecopa Hot Springs road
crossing, as a scenic river.
``(B) The approximately 8-mile segment of the Amargosa
River from 100 feet downstream of the Tecopa Hot Springs Road
crossing to 100 feet upstream of the Old Spanish Trail
Highway crossing near Tecopa, as a scenic river.
``(C) The approximately 7.9-mile segment of the Amargosa
River from the northern boundary of sec. 16, T. 20 N., R. 7
E., to .25 miles upstream of the confluence with Sperry Wash
in sec. 10, T. 19 N., R. 7 E., as a wild river.
``(D) The approximately 4.9-mile segment of the Amargosa
River from .25 miles upstream of the confluence with Sperry
Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of
the Dumont Dunes access road crossing in sec. 32, T. 19 N.,
R. 7 E., as a recreational river.
``(E) The approximately 1.4-mile segment of the Amargosa
River from 100 feet downstream of the Dumont Dunes access
road crossing in sec. 32, T. 19 N., R. 7 E., as a
recreational river.
``(197) Owens river headwaters, california.--The following
segments of the Owens River in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 2.3-mile segment of Deadman Creek from the 2-
forked source east of San Joaquin Peak to the confluence with
the unnamed tributary flowing north into Deadman Creek from
sec. 12, T. 3 S., R. 26 E., as a wild river.
``(B) The 2.3-mile segment of Deadman Creek from the
unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E.,
to the Road 3S22 crossing, as a scenic river.
``(C) The 4.1-mile segment of Deadman Creek from the Road
3S22 crossing to .25 miles downstream of the Highway 395
crossing, as a recreational river.
``(D) The 3-mile segment of Deadman Creek from .25 miles
downstream of the Highway 395 crossing to 100 feet upstream
of Big Springs, as a scenic river.
``(E) The 1-mile segment of the Upper Owens River from 100
feet upstream of Big Springs to the private property boundary
in sec. 19, T. 2 S., R. 28 E., as a recreational river.
``(F) The 4-mile segment of Glass Creek from its 2-forked
source to 100 feet upstream of the Glass Creek Meadow
Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a
wild river.
``(G) The 1.3-mile segment of Glass Creek from 100 feet
upstream of the trailhead parking area in sec. 29 to the end
of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., as a
scenic river.
``(H) The 1.1-mile segment of Glass Creek from the end of
Glass Creek Road in sec. 21, T. 2 S., R. 27 E., to the
confluence with Deadman Creek, as a recreational river.
``(198) Cottonwood creek, california.--The following
segments of Cottonwood Creek in the State of California:
``(A) The 17.4-mile segment from its headwaters at the
spring in sec. 27, T 4 S., R. 34 E., to the Inyo National
Forest boundary at the east section line of sec 3, T. 6 S.,
R. 36 E., as a wild river to be administered by the Secretary
of Agriculture.
``(B) The 4.1-mile segment from the Inyo National Forest
boundary to the northern boundary of sec. 5, T.4 S., R. 34
E., as a recreational river, to be administered by the
Secretary of the Interior.
``(199) Piru creek, california.--The following segments of
Piru Creek in the State
[[Page 6955]]
of California, to be administered by the Secretary of
Agriculture:
``(A) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing to the
boundary of the Sespe Wilderness, as a recreational river.
``(B) The 4.25-mile segment from the boundary of the Sespe
Wilderness to the boundary between Los Angeles and Ventura
Counties, as a wild river.''.
(b) Effect.--The designation of Piru Creek under subsection
(a) shall not affect valid rights in existence on the date of
enactment of this Act.
SEC. 1806. BRIDGEPORT WINTER RECREATION AREA.
(a) Designation.--The approximately 7,254 acres of land in
the Humboldt-Toiyabe National Forest identified as the
``Bridgeport Winter Recreation Area'', as generally depicted
on the map entitled ``Humboldt-Toiyabe National Forest
Proposed Management'' and dated September 17, 2008, is
designated as the Bridgeport Winter Recreation Area.
(b) Map and Legal Description.--
(1) 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 Recreation Area with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--
(1) Interim management.--Until completion of the management
plan required under subsection (d), and except as provided in
paragraph (2), the Recreation Area shall be managed in
accordance with the Toiyabe National Forest Land and Resource
Management Plan of 1986 (as in effect on the day of enactment
of this Act).
(2) Use of snowmobiles.--The winter use of snowmobiles
shall be allowed in the Recreation Area--
(A) during periods of adequate snow coverage during the
winter season; and
(B) subject to any terms and conditions determined to be
necessary by the Secretary.
(d) Management Plan.--To ensure the sound management and
enforcement of the Recreation Area, the Secretary shall, not
later than 1 year after the date of enactment of this Act,
undergo a public process to develop a winter use management
plan that provides for--
(1) adequate signage;
(2) a public education program on allowable usage areas;
(3) measures to ensure adequate sanitation;
(4) a monitoring and enforcement strategy; and
(5) measures to ensure the protection of the Trail.
(e) Enforcement.--The Secretary shall prioritize
enforcement activities in the Recreation Area--
(1) to prohibit degradation of natural resources in the
Recreation Area;
(2) to prevent interference with nonmotorized recreation on
the Trail; and
(3) to reduce user conflicts in the Recreation Area.
(f) Pacific Crest National Scenic Trail.--The Secretary
shall establish an appropriate snowmobile crossing point
along the Trail in the area identified as ``Pacific Crest
Trail Proposed Crossing Area'' on the map entitled
``Humboldt-Toiyable National Forest Proposed Management'' and
dated September 17, 2008--
(1) in accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(B) any applicable environmental and public safety laws;
and
(2) subject to the terms and conditions the Secretary
determines to be necessary to ensure that the crossing would
not--
(A) interfere with the nature and purposes of the Trail; or
(B) harm the surrounding landscape.
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE
NATIONAL FOREST.
Certain land in the Humboldt-Toiyabe National Forest,
comprising approximately 3,690 acres identified as ``Pickel
Hill Management Area'', as generally depicted on the map
entitled ``Humboldt-Toiyabe National Forest Proposed
Management'' and dated September 17, 2008, shall be managed
in a manner consistent with the non-Wilderness forest areas
immediately surrounding the Pickel Hill Management Area,
including the allowance of snowmobile use.
SEC. 1808. ANCIENT BRISTLECONE PINE FOREST.
(a) Designation.--To conserve and protect the Ancient
Bristlecone Pines by maintaining near-natural conditions and
to ensure the survival of the Pines for the purposes of
public enjoyment and scientific study, the approximately
31,700 acres of public land in the State, as generally
depicted on the map entitled ``Ancient Bristlecone Pine
Forest--Proposed'' and dated July 16, 2008, is designated as
the ``Ancient Bristlecone Pine Forest''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable, but not later than
3 years after the date of enactment of this Act, the
Secretary shall file a map and legal description of the
Forest with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--
(1) In general.--The Secretary shall administer the
Forest--
(A) in a manner that--
(i) protect the resources and values of the area in
accordance with the purposes for which the Forest is
established, as described in subsection (a); and
(ii) promotes the objectives of the applicable management
plan (as in effect on the date of enactment of this Act),
including objectives relating to--
(I) the protection of bristlecone pines for public
enjoyment and scientific study;
(II) the recognition of the botanical, scenic, and
historical values of the area; and
(III) the maintenance of near-natural conditions by
ensuring that all activities are subordinate to the needs of
protecting and preserving bristlecone pines and wood
remnants; and
(B) in accordance with the National Forest Management Act
of 1976 (16 U.S.C. 1600 et seq.), this section, and any other
applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such uses
of the Forest as the Secretary determines would further the
purposes for which the Forest is established, as described in
subsection (a).
(B) Scientific research.--Scientific research shall be
allowed in the Forest in accordance with the Inyo National
Forest Land and Resource Management Plan (as in effect on the
date of enactment of this Act).
(3) Withdrawal.--Subject to valid existing rights, all
Federal land within the Forest is withdrawn from--
(A) all forms of entry, appropriation or disposal under the
public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
Subtitle L--Riverside County Wilderness, California
SEC. 1851. WILDERNESS DESIGNATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Designation of Wilderness, Cleveland and San Bernardino
National Forests, Joshua Tree National Park, and Bureau of
Land Management Land in Riverside County, California.--
(1) Designations.--
(A) Agua tibia wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the Cleveland National Forest and certain land administered
by the Bureau of Land Management in Riverside County,
California, together comprising approximately 2,053 acres, as
generally depicted on the map titled ``Proposed Addition to
Agua Tibia Wilderness'', and dated May 9, 2008, is designated
as wilderness and is incorporated in, and shall be deemed to
be a part of, the Agua Tibia Wilderness designated by section
2(a) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132
note).
(B) Cahuilla mountain wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
San Bernardino National Forest, California, comprising
approximately 5,585 acres, as generally depicted on the map
titled ``Cahuilla Mountain Proposed Wilderness'', and dated
May 1, 2008, is designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System,
which shall be known as the ``Cahuilla Mountain Wilderness''.
(C) South fork san jacinto wilderness.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, comprising
approximately 20,217 acres, as generally depicted on the map
titled ``South Fork San Jacinto Proposed Wilderness'', and
dated May 1, 2008, is designated as wilderness and,
therefore, as a component of the National Wilderness
Preservation System, which shall be known as the ``South Fork
San Jacinto Wilderness''.
[[Page 6956]]
(D) Santa rosa wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
the San Bernardino National Forest, California, and certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 2,149
acres, as generally depicted on the map titled ``Santa Rosa-
San Jacinto National Monument Expansion and Santa Rosa
Wilderness Addition'', and dated March 12, 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Santa Rosa Wilderness designated
by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16
U.S.C. 1132 note) and expanded by paragraph (59) of section
102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132
note).
(E) Beauty mountain wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 15,621 acres, as
generally depicted on the map titled ``Beauty Mountain
Proposed Wilderness'', and dated April 3, 2007, is designated
as wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known as the
``Beauty Mountain Wilderness''.
(F) Joshua tree national park wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in Joshua Tree National Park, comprising
approximately 36,700 acres, as generally depicted on the map
numbered 156/80,055, and titled ``Joshua Tree National Park
Proposed Wilderness Additions'', and dated March 2008, is
designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Joshua Tree Wilderness designated
by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16
U.S.C. 1132 note).
(G) Orocopia mountains wilderness additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 4,635
acres, as generally depicted on the map titled ``Orocopia
Mountains Proposed Wilderness Addition'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of, the Orocopia Mountains
Wilderness as designated by paragraph (44) of section 102 of
Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note),
except that the wilderness boundaries established by this
subsection in Township 7 South, Range 13 East, exclude--
(i) a corridor 250 feet north of the centerline of the
Bradshaw Trail;
(ii) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between
the Eagle Mountain Railroad on the south and the existing
Orocopia Mountains Wilderness boundary; and
(iii) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between
the Chocolate Mountain Aerial Gunnery Range on the south and
the existing Orocopia Mountains Wilderness boundary.
(H) Palen/McCoy wilderness additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 22,645 acres, as
generally depicted on the map titled ``Palen-McCoy Proposed
Wilderness Additions'', and dated May 8, 2008, is designated
as wilderness and is incorporated in, and shall be deemed to
be a part of, the Palen/McCoy Wilderness as designated by
paragraph (47) of section 102 of Public Law 103-433 (108
Stat. 4472; 16 U.S.C. 1132 note).
(I) Pinto mountains wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside
County, California, comprising approximately 24,404 acres, as
generally depicted on the map titled ``Pinto Mountains
Proposed Wilderness'', and dated February 21, 2008, is
designated as wilderness and, therefore, as a component of
the National Wilderness Preservation System, which shall be
known as the ``Pinto Mountains Wilderness''.
(J) Chuckwalla mountains wilderness additions.--In
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land administered by the Bureau of Land Management in
Riverside County, California, comprising approximately 12,815
acres, as generally depicted on the map titled ``Chuckwalla
Mountains Proposed Wilderness Addition'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of the Chuckwalla Mountains
Wilderness as designated by paragraph (12) of section 102 of
Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(2) Maps and descriptions.--
(A) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(B) Force of law.--A map and legal description filed under
subparagraph (A) shall have the same force and effect as if
included in this section, except that the Secretary may
correct errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office of
the Secretary.
(3) Utility facilities.--Nothing in this section prohibits
the construction, operation, or maintenance, using standard
industry practices, of existing utility facilities located
outside of the wilderness areas and wilderness additions
designated by this section.
(c) Joshua Tree National Park Potential Wilderness.--
(1) Designation of potential wilderness.--Certain land in
the Joshua Tree National Park, comprising approximately
43,300 acres, as generally depicted on the map numbered 156/
80,055, and titled ``Joshua Tree National Park Proposed
Wilderness Additions'', and dated March 2008, is designated
potential wilderness and shall be managed by the Secretary of
the Interior insofar as practicable as wilderness until such
time as the land is designated as wilderness pursuant to
paragraph (2).
(2) Designation as wilderness.--The land designated
potential wilderness by paragraph (1) shall be designated as
wilderness and incorporated in, and be deemed to be a part
of, the Joshua Tree Wilderness designated by section 1(g) of
Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note),
effective upon publication by the Secretary of the Interior
in the Federal Register of a notice that--
(A) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased; and
(B) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(3) Map and description.--
(A) In general.--As soon as practicable after the date on
which the notice required by paragraph (2) is published in
the Federal Register, the Secretary shall file a map and
legal description of the land designated as wilderness and
potential wilderness by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(B) Force of law.--The map and legal description filed
under subparagraph (A) shall have the same force and effect
as if included in this section, except that the Secretary may
correct errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office of
the Secretary.
(d) Administration of Wilderness.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this
section shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that--
(A) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to--
(i) the date of the enactment of this Act; or
(ii) in the case of the wilderness addition designated by
subsection (c), the date on which the notice required by such
subsection is published in the Federal Register; and
(B) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the
Secretary that has jurisdiction over the land.
(2) Incorporation of acquired land and interests.--Any land
within the boundaries of a wilderness area or wilderness
addition designated by this section that is acquired by the
United States shall--
(A) become part of the wilderness area in which the land is
located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the land designated as
wilderness by this section is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(4) Fire management and related activities.--
(A) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this
section as are necessary for the control of fire, insects,
and diseases in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40
of the 98th Congress.
(B) Funding priorities.--Nothing in this section limits
funding for fire and fuels management in the wilderness areas
and wilderness additions designated by this section.
(C) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire
[[Page 6957]]
management plans that apply to the land designated as a
wilderness area or wilderness addition by this section.
(D) Administration.--Consistent with subparagraph (A) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
areas and wilderness additions designated by this section,
the Secretary shall--
(i) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(ii) enter into agreements with appropriate State or local
firefighting agencies.
(5) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this section shall be
administered in accordance with the provisions of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in House Report 96-617 to accompany H.R.
5487 of the 96th Congress.
(6) Native american uses and interests.--
(A) Access and use.--To the extent practicable, the
Secretary shall ensure access to the Cahuilla Mountain
Wilderness by members of an Indian tribe for traditional
cultural purposes. In implementing this paragraph, the
Secretary, upon the request of an Indian tribe, may
temporarily close to the general public use of one or more
specific portions of the wilderness area in order to protect
the privacy of traditional cultural activities in such areas
by members of the Indian tribe. Any such closure shall be
made to affect the smallest practicable area for the minimum
period necessary for such purposes. Such access shall be
consistent with the purpose and intent of Public Law 95-341
(42 U.S.C. 1996), commonly referred to as the American Indian
Religious Freedom Act, and the Wilderness Act (16 U.S.C. 1131
et seq.).
(B) Indian tribe defined.--In this paragraph, the term
``Indian tribe'' means any Indian tribe, band, nation, or
other organized group or community of Indians which is
recognized as eligible by the Secretary of the Interior for
the special programs and services provided by the United
States to Indians because of their status as Indians.
(7) Military activities.--Nothing in this section
precludes--
(A) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
section;
(B) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
this section; or
(C) the use or establishment of military flight training
routes over wilderness areas or wilderness additions
designated by this section.
SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE
COUNTY, CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1805) is amended by adding at
the end the following new paragraphs:
``(200) North Fork San Jacinto River, California.--The
following segments of the North Fork San Jacinto River in the
State of California, to be administered by the Secretary of
Agriculture:
``(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto
State Park to the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian, as a
scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary
to its confluence with Fuller Mill Creek, as a recreational
river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing,
as a wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the
5S09 road crossing to its confluence with Stone Creek, as a
scenic river.
``(F) The 2.91-mile segment from the Stone Creek confluence
to the northern boundary of section 17, township 5 south,
range 2 east, San Bernardino meridian, as a wild river.
``(201) Fuller Mill Creek, California.--The following
segments of Fuller Mill Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork
San Jacinto River, as a scenic river.
``(202) Palm Canyon Creek, California.--The 8.1-mile
segment of Palm Canyon Creek in the State of California from
the southern boundary of section 6, township 7 south, range 5
east, San Bernardino meridian, to the San Bernardino National
Forest boundary in section 1, township 6 south, range 4 east,
San Bernardino meridian, to be administered by the Secretary
of Agriculture as a wild river, and the Secretary shall enter
into a cooperative management agreement with the Agua
Caliente Band of Cahuilla Indians to protect and enhance
river values.
``(203) Bautista Creek, California.--The 9.8-mile segment
of Bautista Creek in the State of California from the San
Bernardino National Forest boundary in section 36, township 6
south, range 2 east, San Bernardino meridian, to the San
Bernardino National Forest boundary in section 2, township 6
south, range 1 east, San Bernardino meridian, to be
administered by the Secretary of Agriculture as a
recreational river.''.
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA
AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT.
(a) Boundary Adjustment, Santa Rosa and San Jacinto
Mountains National Monument.--Section 2 of the Santa Rosa and
San Jacinto Mountains National Monument Act of 2000 (Public
Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended
by adding at the end the following new subsection:
``(e) Expansion of Boundaries.--In addition to the land
described in subsection (c), the boundaries of the National
Monument shall include the following lands identified as
additions to the National Monument on the map titled `Santa
Rosa-San Jacinto National Monument Expansion and Santa Rosa
Wilderness Addition', and dated March 12, 2008:
``(1) The `Santa Rosa Peak Area Monument Expansion'.
``(2) The `Snow Creek Area Monument Expansion'.
``(3) The `Tahquitz Peak Area Monument Expansion'.
``(4) The `Southeast Area Monument Expansion', which is
designated as wilderness in section 512(d), and is thus
incorporated into, and shall be deemed part of, the Santa
Rosa Wilderness.''.
(b) Technical Amendments to the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000.--Section 7(d) of the
Santa Rosa and San Jacinto Mountains National Monument Act of
2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431
note) is amended by striking ``eight'' and inserting ``a
majority of the appointed''.
Subtitle M--Sequoia and Kings Canyon National Parks Wilderness,
California
SEC. 1901. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of
California.
SEC. 1902. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) John krebs wilderness.--
(A) Designation.--Certain land in Sequoia and Kings Canyon
National Parks, comprising approximately 39,740 acres of
land, and 130 acres of potential wilderness additions as
generally depicted on the map numbered 102/60014b, titled
``John Krebs Wilderness'', and dated September 16, 2008.
(B) Effect.--Nothing in this paragraph affects--
(i) the cabins in, and adjacent to, Mineral King Valley; or
(ii) the private inholdings known as ``Silver City'' and
``Kaweah Han''.
(C) Potential wilderness additions.--The designation of the
potential wilderness additions under subparagraph (A) shall
not prohibit the operation, maintenance, and repair of the
small check dams and water impoundments on Lower Franklin
Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The
Secretary is authorized to allow the use of helicopters for
the operation, maintenance, and repair of the small check
dams and water impoundments on Lower Franklin Lake, Crystal
Lake, Upper Monarch Lake, and Eagle Lake. The potential
wilderness additions shall be designated as wilderness and
incorporated into the John Krebs Wilderness established by
this section upon termination of the non-conforming uses.
(2) Sequoia-kings canyon wilderness addition.--Certain land
in Sequoia and Kings Canyon National Parks, California,
comprising approximately 45,186 acres as generally depicted
on the map titled ``Sequoia-Kings Canyon Wilderness
Addition'', numbered 102/60015a, and dated March 10, 2008, is
incorporated in, and shall be considered to be a part of, the
Sequoia-Kings Canyon Wilderness.
(3) Recommended wilderness.--Land in Sequoia and Kings
Canyon National Parks that was managed as of the date of
enactment of this Act as recommended or proposed wilderness
but not designated by this section as wilderness shall
continue to be managed as recommended or proposed wilderness,
as appropriate.
SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each
area designated as wilderness by this subtitle shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
[[Page 6958]]
reference in the Wilderness Act to the effective date of the
Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable, but not later than 3 years, after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each area designated as wilderness by
this subtitle with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the Office of the Secretary.
(c) Hydrologic, Meteorologic, and Climatological Devices,
Facilities, and Associated Equipment.--The Secretary shall
continue to manage maintenance and access to hydrologic,
meteorologic, and climatological devices, facilities and
associated equipment consistent with House Report 98-40.
(d) Authorized Activities Outside Wilderness.--Nothing in
this subtitle precludes authorized activities conducted
outside of an area designated as wilderness by this subtitle
by cabin owners (or designees) in the Mineral King Valley
area or property owners or lessees (or designees) in the
Silver City inholding, as identified on the map described in
section 1902(1)(A).
(e) Horseback Riding.--Nothing in this subtitle precludes
horseback riding in, or the entry of recreational or
commercial saddle or pack stock into, an area designated as
wilderness by this subtitle--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
SEC. 1951. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled ``Rocky
Mountain National Park Wilderness Act of 2007'' and dated
September 2006.
(2) Park.--The term ``Park'' means Rocky Mountain National
Park located in the State of Colorado.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the East Shore Trail
established under section 1954(a).
(5) Wilderness.--The term ``Wilderness'' means the
wilderness designated by section 1952(a).
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), there is designated
as wilderness and as a component of the National Wilderness
Preservation System approximately 249,339 acres of land in
the Park, as generally depicted on the map.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(A) prepare a map and boundary description of the
Wilderness; and
(B) submit the map and boundary description prepared under
subparagraph (A) to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives.
(2) Availability; force of law.--The map and boundary
description submitted under paragraph (1)(B) shall--
(A) be on file and available for public inspection in
appropriate offices of the National Park Service; and
(B) have the same force and effect as if included in this
subtitle.
(c) Inclusion of Potential Wilderness.--
(1) In general.--On publication in the Federal Register of
a notice by the Secretary that all uses inconsistent with the
Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the
land identified on the map as a ``Potential Wilderness
Area'', the land shall be--
(A) included in the Wilderness; and
(B) administered in accordance with subsection (e).
(2) Boundary description.--On inclusion in the Wilderness
of the land referred to in paragraph (1), the Secretary shall
modify the map and boundary description submitted under
subsection (b) to reflect the inclusion of the land.
(d) Exclusion of Certain Land.--The following areas are
specifically excluded from the Wilderness:
(1) The Grand River Ditch (including the main canal of the
Grand River Ditch and a branch of the main canal known as the
Specimen Ditch), the right-of-way for the Grand River Ditch,
land 200 feet on each side of the center line of the Grand
River Ditch, and any associated appurtenances, structures,
buildings, camps, and work sites in existence as of June 1,
1998.
(2) Land owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and the
Inlet Ditch to the Reservoir from North St. Vrain Creek,
comprising approximately 35.38 acres.
(3) Land owned by the Wincenstsen-Harms Trust, comprising
approximately 2.75 acres.
(4) Land within the area depicted on the map as the ``East
Shore Trail Area''.
(e) Administration.--Subject to valid existing rights, any
land designated as wilderness under this section or added to
the Wilderness after the date of enactment of this Act under
subsection (c) shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered
to be a reference to the date of enactment of this Act, or
the date on which the additional land is added to the
Wilderness, respectively; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to
be a reference to the Secretary.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the United States has existing rights to water within
the Park;
(B) the existing water rights are sufficient for the
purposes of the Wilderness; and
(C) based on the findings described in subparagraphs (A)
and (B), there is no need for the United States to reserve or
appropriate any additional water rights to fulfill the
purposes of the Wilderness.
(2) Effect.--Nothing in this subtitle--
(A) constitutes an express or implied reservation by the
United States of water or water rights for any purpose; or
(B) modifies or otherwise affects any existing water rights
held by the United States for the Park.
(g) Fire, Insect, and Disease Control.--The Secretary may
take such measures in the Wilderness as are necessary to
control fire, insects, and diseases, as are provided for in
accordance with--
(1) the laws applicable to the Park; and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON
PROJECTS.
(a) Conditional Waiver of Strict Liability.--During any
period in which the Water Supply and Storage Company (or any
successor in interest to the company with respect to the
Grand River Ditch) operates and maintains the portion of the
Grand River Ditch in the Park in compliance with an
operations and maintenance agreement between the Water Supply
and Storage Company and the National Park Service, the
provisions of paragraph (6) of the stipulation approved June
28, 1907--
(1) shall be suspended; and
(2) shall not be enforceable against the Company (or any
successor in interest).
(b) Agreement.--The agreement referred to in subsection (a)
shall--
(1) ensure that--
(A) Park resources are managed in accordance with the laws
generally applicable to the Park, including--
(i) the Act of January 26, 1915 (16 U.S.C. 191 et seq.);
and
(ii) the National Park Service Organic Act (16 U.S.C. 1 et
seq.);
(B) Park land outside the right-of-way corridor remains
unimpaired consistent with the National Park Service
management policies in effect as of the date of enactment of
this Act; and
(C) any use of Park land outside the right-of-way corridor
(as of the date of enactment of this Act) shall be permitted
only on a temporary basis, subject to such terms and
conditions as the Secretary determines to be necessary; and
(2) include stipulations with respect to--
(A) flow monitoring and early warning measures;
(B) annual and periodic inspections;
(C) an annual maintenance plan;
(D) measures to identify on an annual basis capital
improvement needs; and
(E) the development of plans to address the needs
identified under subparagraph (D).
(c) Limitation.--Nothing in this section limits or
otherwise affects--
(1) the liability of any individual or entity for damages
to, loss of, or injury to any resource within the Park
resulting from any cause or event that occurred before the
date of enactment of this Act; or
(2) Public Law 101-337 (16 U.S.C. 19jj et seq.), including
the defenses available under that Act for damage caused--
(A) solely by--
(i) an act of God;
(ii) an act of war; or
(iii) an act or omission of a third party (other than an
employee or agent); or
(B) by an activity authorized by Federal or State law.
(d) Colorado-Big Thompson Project and Windy Gap Project.--
(1) In general.--Nothing in this subtitle, including the
designation of the Wilderness, prohibits or affects current
and future operation and maintenance activities in, under,
[[Page 6959]]
or affecting the Wilderness that were allowed as of the date
of enactment of this Act under the Act of January 26, 1915
(16 U.S.C. 191), relating to the Alva B. Adams Tunnel or
other Colorado-Big Thompson Project facilities located within
the Park.
(2) Alva b. adams tunnel.--Nothing in this subtitle,
including the designation of the Wilderness, prohibits or
restricts the conveyance of water through the Alva B. Adams
Tunnel for any purpose.
(e) Right-of-Way.--Notwithstanding the Act of March 3, 1891
(43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951),
the right of way for the Grand River Ditch shall not be
terminated, forfeited, or otherwise affected as a result of
the water transported by the Grand River Ditch being used
primarily for domestic purposes or any purpose of a public
nature, unless the Secretary determines that the change in
the main purpose or use adversely affects the Park.
(f) New Reclamation Projects.--Nothing in the first section
of the Act of January 26, 1915 (16 U.S.C. 191), shall be
construed to allow development in the Wilderness of any
reclamation project not in existence as of the date of
enactment of this Act.
(g) Clarification of Management Authority.--Nothing in this
section reduces or limits the authority of the Secretary to
manage land and resources within the Park under applicable
law.
SEC. 1954. EAST SHORE TRAIL AREA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish within
the East Shore Trail Area in the Park an alignment line for a
trail, to be known as the ``East Shore Trail'', to maximize
the opportunity for sustained use of the Trail without
causing--
(1) harm to affected resources; or
(2) conflicts among users.
(b) Boundaries.--
(1) In general.--After establishing the alignment line for
the Trail under subsection (a), the Secretary shall--
(A) identify the boundaries of the Trail, which shall not
extend more than 25 feet east of the alignment line or be
located within the Wilderness; and
(B) modify the map of the Wilderness prepared under section
1952(b)(1)(A) so that the western boundary of the Wilderness
is 50 feet east of the alignment line.
(2) Adjustments.--To the extent necessary to protect Park
resources, the Secretary may adjust the boundaries of the
Trail, if the adjustment does not place any portion of the
Trail within the boundary of the Wilderness.
(c) Inclusion in Wilderness.--On completion of the
construction of the Trail, as authorized by the Secretary--
(1) any portion of the East Shore Trail Area that is not
traversed by the Trail, that is not west of the Trail, and
that is not within 50 feet of the centerline of the Trail
shall be--
(A) included in the Wilderness; and
(B) managed as part of the Wilderness in accordance with
section 1952; and
(2) the Secretary shall modify the map and boundary
description of the Wilderness prepared under section
1952(b)(1)(A) to reflect the inclusion of the East Shore
Trail Area land in the Wilderness.
(d) Effect.--Nothing in this section--
(1) requires the construction of the Trail along the
alignment line established under subsection (a); or
(2) limits the extent to which any otherwise applicable law
or policy applies to any decision with respect to the
construction of the Trail.
(e) Relation to Land Outside Wilderness.--
(1) In general.--Except as provided in this subsection,
nothing in this subtitle affects the management or use of any
land not included within the boundaries of the Wilderness or
the potential wilderness land.
(2) Motorized vehicles and machinery.--No use of motorized
vehicles or other motorized machinery that was not permitted
on March 1, 2006, shall be allowed in the East Shore Trail
Area except as the Secretary determines to be necessary for
use in--
(A) constructing the Trail, if the construction is
authorized by the Secretary; or
(B) maintaining the Trail.
(3) Management of land before inclusion.--Until the
Secretary authorizes the construction of the Trail and the
use of the Trail for non-motorized bicycles, the East Shore
Trail Area shall be managed--
(A) to protect any wilderness characteristics of the East
Shore Trail Area; and
(B) to maintain the suitability of the East Shore Trail
Area for inclusion in the Wilderness.
SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.
(a) Indian Peaks Wilderness Boundary Adjustment.--Section
3(a) of the Indian Peaks Wilderness Area, the Arapaho
National Recreation Area and the Oregon Islands Wilderness
Area Act (16 U.S.C. 1132 note; Public Law 95-450) is
amended--
(1) by striking ``seventy thousand acres'' and inserting
``74,195 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and
dated May 2007''.
(b) Arapaho National Recreation Area Boundary Adjustment.--
Section 4(a) of the Indian Peaks Wilderness Area, the Arapaho
National Recreation Area and the Oregon Islands Wilderness
Area Act (16 U.S.C. 460jj(a)) is amended--
(1) by striking ``thirty-six thousand two hundred thirty-
five acres'' and inserting ``35,235 acres''; and
(2) by striking ``, dated July 1978'' and inserting ``and
dated May 2007''.
SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT.
(a) In General.--Section 3(k) of Public Law 91-383 (16
U.S.C. 1a-2(k)) shall apply to the parcel of land described
in subsection (b).
(b) Description of the Land.--The parcel of land referred
to in subsection (a) is the parcel of land known as the
``Leiffer tract'' that is--
(1) located near the eastern boundary of the Park in
Larimer County, Colorado; and
(2) administered by the National Park Service.
Subtitle O--Washington County, Utah
SEC. 1971. DEFINITIONS.
In this subtitle:
(1) Beaver dam wash national conservation area map.--The
term ``Beaver Dam Wash National Conservation Area Map'' means
the map entitled ``Beaver Dam Wash National Conservation
Area'' and dated December 18, 2008.
(2) Canaan mountain wilderness map.--The term ``Canaan
Mountain Wilderness Map'' means the map entitled ``Canaan
Mountain Wilderness'' and dated June 21, 2008.
(3) County.--The term ``County'' means Washington County,
Utah.
(4) Northeastern washington county wilderness map.--The
term ``Northeastern Washington County Wilderness Map'' means
the map entitled ``Northeastern Washington County
Wilderness'' and dated November 12, 2008.
(5) Northwestern washington county wilderness map.--The
term ``Northwestern Washington County Wilderness Map'' means
the map entitled ``Northwestern Washington County
Wilderness'' and dated June 21, 2008.
(6) Red cliffs national conservation area map.--The term
``Red Cliffs National Conservation Area Map'' means the map
entitled ``Red Cliffs National Conservation Area'' and dated
November 12, 2008.
(7) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(8) State.--The term ``State'' means the State of Utah.
(9) Washington county growth and conservation act map.--The
term ``Washington County Growth and Conservation Act Map''
means the map entitled ``Washington County Growth and
Conservation Act Map'' and dated November 13, 2008.
SEC. 1972. WILDERNESS AREAS.
(a) Additions to National Wilderness Preservation System.--
(1) Additions.--Subject to valid existing rights, the
following land in the State is designated as wilderness and
as components of the National Wilderness Preservation System:
(A) Beartrap canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 40 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Beartrap Canyon
Wilderness''.
(B) Blackridge.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 13,015 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Blackridge
Wilderness''.
(C) Canaan mountain.--Certain Federal land in the County
managed by the Bureau of Land Management, comprising
approximately 44,531 acres, as generally depicted on the
Canaan Mountain Wilderness Map, which shall be known as the
``Canaan Mountain Wilderness''.
(D) Cottonwood canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 11,712
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the
``Cottonwood Canyon Wilderness''.
(E) Cottonwood forest.--Certain Federal land managed by the
Forest Service, comprising approximately 2,643 acres, as
generally depicted on the Red Cliffs National Conservation
Area Map, which shall be known as the ``Cottonwood Forest
Wilderness''.
(F) Cougar canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 10,409
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the ``Cougar
Canyon Wilderness''.
(G) Deep creek.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 3,284 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Deep Creek
Wilderness''.
[[Page 6960]]
(H) Deep creek north.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 4,262
acres, as generally depicted on the Northeastern Washington
County Wilderness Map, which shall be known as the ``Deep
Creek North Wilderness''.
(I) Doc's pass.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 17,294 acres, as
generally depicted on the Northwestern Washington County
Wilderness Map, which shall be known as the ``Doc's Pass
Wilderness''.
(J) Goose creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 98 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Goose Creek
Wilderness''.
(K) Laverkin creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 445
acres, as generally depicted on the Northeastern Washington
County Wilderness Map, which shall be known as the ``LaVerkin
Creek Wilderness''.
(L) Red butte.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 1,537 acres, as
generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Red Butte
Wilderness''.
(M) Red mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 18,729
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the ``Red
Mountain Wilderness''.
(N) Slaughter creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 3,901
acres, as generally depicted on the Northwestern Washington
County Wilderness Map, which shall be known as the
``Slaughter Creek Wilderness''.
(O) Taylor creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 32 acres,
as generally depicted on the Northeastern Washington County
Wilderness Map, which shall be known as the ``Taylor Creek
Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a map and legal description of each
wilderness area designated by paragraph (1).
(B) Force and effect.--Each map and legal description
submitted under subparagraph (A) shall have the same force
and effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical errors in
the map or legal description.
(C) Availability.--Each map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(b) Administration of Wilderness Areas.--
(1) Management.--Subject to valid existing rights, each
area designated as wilderness by subsection (a)(1) shall be
administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the land.
(2) Livestock.--The grazing of livestock in each area
designated as wilderness by subsection (a)(1), where
established before the date of enactment of this Act, shall
be permitted to continue--
(A) subject to such reasonable regulations, policies, and
practices that the Secretary considers necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H.Rep. 101-405) and H.R. 5487 of the 96th Congress
(H. Rept. 96-617).
(3) Wildfire, insect, and disease management.--In
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), the Secretary may take such measures in
each area designated as wilderness by subsection (a)(1) as
the Secretary determines to be necessary for the control of
fire, insects, and diseases (including, as the Secretary
determines to be appropriate, the coordination of those
activities with a State or local agency).
(4) Buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any area
designated as wilderness by subsection (a)(1).
(B) Activities outside wilderness.--The fact that an
activity or use on land outside any area designated as
wilderness by subsection (a)(1) can be seen or heard within
the wilderness shall not preclude the activity or use outside
the boundary of the wilderness.
(5) Military overflights.--Nothing in this section
restricts or precludes--
(A) low-level overflights of military aircraft over any
area designated as wilderness by subsection (a)(1), including
military overflights that can be seen or heard within any
wilderness area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over any wilderness area.
(6) Acquisition and incorporation of land and interests in
land.--
(A) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within the boundaries of the
wilderness areas designated by subsection (a)(1) by purchase
from willing sellers, donation, or exchange.
(B) Incorporation.--Any land or interest in land acquired
by the Secretary under subparagraph (A) shall be incorporated
into, and administered as a part of, the wilderness area in
which the land or interest in land is located.
(7) Native american cultural and religious uses.--Nothing
in this section diminishes--
(A) the rights of any Indian tribe; or
(B) any tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
(8) Climatological data collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in the wilderness areas designated by subsection
(a)(1) if the Secretary determines that the facilities and
access to the facilities are essential to flood warning,
flood control, or water reservoir operation activities.
(9) Water rights.--
(A) Statutory construction.--Nothing in this section--
(i) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the land designated as
wilderness by subsection (a)(1);
(ii) shall affect any water rights in the State existing on
the date of enactment of this Act, including any water rights
held by the United States;
(iii) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(iv) shall affect the interpretation of, or any designation
made pursuant to, any other Act; or
(v) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State and other States.
(B) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the
State in order to obtain and hold any water rights not in
existence on the date of enactment of this Act with respect
to the wilderness areas designated by subsection (a)(1).
(10) Fish and wildlife.--
(A) Jurisdiction of state.--Nothing in this section affects
the jurisdiction of the State with respect to fish and
wildlife on public land located in the State.
(B) Authority of secretary.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may carry out management activities to
maintain or restore fish and wildlife populations (including
activities to maintain and restore fish and wildlife habitats
to support the populations) in any wilderness area designated
by subsection (a)(1) if the activities are--
(i) consistent with applicable wilderness management plans;
and
(ii) carried out in accordance with--
(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(II) applicable guidelines and policies, including
applicable policies described in Appendix B of House Report
101-405.
(11) Wildlife water development projects.--Subject to
paragraph (12), the Secretary may authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in
the wilderness areas designated by subsection (a)(1) if--
(A) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting
healthy, viable, and more naturally distributed wildlife
populations; and
(B) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(12) Cooperative agreement.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall enter
into a cooperative agreement with the State that specifies
the terms and conditions under which wildlife management
activities in the
[[Page 6961]]
wilderness areas designated by subsection (a)(1) may be
carried out.
(c) Release of Wilderness Study Areas.--
(1) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the public land in the County
administered by the Bureau of Land Management has been
adequately studied for wilderness designation.
(2) Release.--Any public land described in paragraph (1)
that is not designated as wilderness by subsection (a)(1)--
(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));
and
(B) shall be managed in accordance with applicable law and
the land management plans adopted under section 202 of that
Act (43 U.S.C. 1712).
(d) Transfer of Administrative Jurisdiction to National
Park Service.--Administrative jurisdiction over the land
identified as the Watchman Wilderness on the Northeastern
Washington County Wilderness Map is hereby transferred to the
National Park Service, to be included in, and administered as
part of Zion National Park.
SEC. 1973. ZION NATIONAL PARK WILDERNESS.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means certain
Federal land--
(A) that is--
(i) located in the County and Iron County, Utah; and
(ii) managed by the National Park Service;
(B) consisting of approximately 124,406 acres; and
(C) as generally depicted on the Zion National Park
Wilderness Map and the area added to the park under section
1972(d).
(2) Wilderness area.--The term ``Wilderness Area'' means
the Zion Wilderness designated by subsection (b)(1).
(3) Zion national park wilderness map.--The term ``Zion
National Park Wilderness Map'' means the map entitled ``Zion
National Park Wilderness'' and dated April 2008.
(b) Zion National Park Wilderness.--
(1) Designation.--Subject to valid existing rights, the
Federal land is designated as wilderness and as a component
of the National Wilderness Preservation System, to be known
as the ``Zion Wilderness''.
(2) Incorporation of acquired land.--Any land located in
the Zion National Park that is acquired by the Secretary
through a voluntary sale, exchange, or donation may, on the
recommendation of the Secretary, become part of the
Wilderness Area, in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(3) Map and legal description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a map and legal description of the Wilderness
Area.
(B) Force and effect.--The map and legal description
submitted under subparagraph (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) Availability.--The map and legal description submitted
under subparagraph (A) shall be available in the appropriate
offices of the National Park Service.
SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA.
(a) Purposes.--The purposes of this section are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical,
natural, educational, and scientific resources of the
National Conservation Area; and
(2) to protect each species that is--
(A) located in the National Conservation Area; and
(B) listed as a threatened or endangered species on the
list of threatened species or the list of endangered species
published under section 4(c)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(c)(1)).
(b) Definitions.--In this section:
(1) Habitat conservation plan.--The term ``habitat
conservation plan'' means the conservation plan entitled
``Washington County Habitat Conservation Plan'' and dated
February 23, 1996.
(2) Management plan.--The term ``management plan'' means
the management plan for the National Conservation Area
developed by the Secretary under subsection (d)(1).
(3) National conservation area.--The term ``National
Conservation Area'' means the Red Cliffs National
Conservation Area that--
(A) consists of approximately 44,725 acres of public land
in the County, as generally depicted on the Red Cliffs
National Conservation Area Map; and
(B) is established by subsection (c).
(4) Public use plan.--The term ``public use plan'' means
the use plan entitled ``Red Cliffs Desert Reserve Public Use
Plan'' and dated June 12, 2000, as amended.
(5) Resource management plan.--The term ``resource
management plan'' means the management plan entitled ``St.
George Field Office Resource Management Plan'' and dated
March 15, 1999, as amended.
(c) Establishment.--Subject to valid existing rights, there
is established in the State the Red Cliffs National
Conservation Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Incorporation of plans.--In developing the management
plan required under paragraph (1), to the extent consistent
with this section, the Secretary may incorporate any
provision of--
(A) the habitat conservation plan;
(B) the resource management plan; and
(C) the public use plan.
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further a purpose described in subsection (a).
(3) Motorized vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles in the
National Conservation Area shall be permitted only on roads
designated by the management plan for the use of motorized
vehicles.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) applicable law; and
(B) in a manner consistent with the purposes described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land
or interest in land that is located in the National
Conservation Area that is acquired by the United States
shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area are
withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
(h) Effect.--Nothing in this section prohibits the
authorization of the development of utilities within the
National Conservation Area if the development is carried out
in accordance with--
(1) each utility development protocol described in the
habitat conservation plan; and
(2) any other applicable law (including regulations).
SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA.
(a) Purpose.--The purpose of this section is to conserve,
protect, and enhance for the benefit and enjoyment of present
and future generations the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and
scientific resources of the Beaver Dam Wash National
Conservation Area.
(b) Definitions.--In this section:
(1) Management plan.--The term ``management plan'' means
the management plan for the National Conservation Area
developed by the Secretary under subsection (d)(1).
[[Page 6962]]
(2) National conservation area.--The term ``National
Conservation Area'' means the Beaver Dam Wash National
Conservation Area that--
(A) consists of approximately 68,083 acres of public land
in the County, as generally depicted on the Beaver Dam Wash
National Conservation Area Map; and
(B) is established by subsection (c).
(c) Establishment.--Subject to valid existing rights, there
is established in the State the Beaver Dam Wash National
Conservation Area.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) Motorized vehicles.--In developing the management plan
required under paragraph (1), the Secretary shall incorporate
the restrictions on motorized vehicles described in
subsection (e)(3).
(e) Management.--
(1) In general.--The Secretary shall manage the National
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources of the National Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further the purpose described in subsection (a).
(3) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles in the
National Conservation Area shall be permitted only on roads
designated by the management plan for the use of motorized
vehicles.
(B) Additional requirement relating to certain areas
located in the national conservation area.--In addition to
the requirement described in subparagraph (A), with respect
to the areas designated on the Beaver Dam Wash National
Conservation Area Map as ``Designated Road Areas'', motorized
vehicles shall be permitted only on the roads identified on
such map.
(4) Grazing.--The grazing of livestock in the National
Conservation Area, where established before the date of
enactment of this Act, shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) applicable law (including regulations); and
(B) in a manner consistent with the purpose described in
subsection (a).
(5) Wildland fire operations.--Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) Incorporation of Acquired Land and Interests.--Any land
or interest in land that is located in the National
Conservation Area that is acquired by the United States
shall--
(1) become part of the National Conservation Area; and
(2) be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) Withdrawal.--
(1) In general.--Subject to valid existing rights, all
Federal land located in the National Conservation Area is
withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patenting under the mining laws;
and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER
DESIGNATION.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1852)
is amended by adding at the end the following:
``(204) Zion national park, utah.--The approximately 165.5
miles of segments of the Virgin River and tributaries of the
Virgin River across Federal land within and adjacent to Zion
National Park, as generally depicted on the map entitled
`Wild and Scenic River Segments Zion National Park and Bureau
of Land Management' and dated April 2008, to be administered
by the Secretary of the Interior in the following
classifications:
``(A) Taylor creek.--The 4.5-mile segment from the junction
of the north, middle, and south forks of Taylor Creek, west
to the park boundary and adjacent land rim-to-rim, as a
scenic river.
``(B) North fork of taylor creek.--The segment from the
head of North Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(C) Middle fork of taylor creek.--The segment from the
head of Middle Fork on Bureau of Land Management land to the
junction with Taylor Creek and adjacent land rim-to-rim, as a
wild river.
``(D) South fork of taylor creek.--The segment from the
head of South Fork to the junction with Taylor Creek and
adjacent land rim-to-rim, as a wild river.
``(E) Timber creek and tributaries.--The 3.1-mile segment
from the head of Timber Creek and tributaries of Timber Creek
to the junction with LaVerkin Creek and adjacent land rim-to-
rim, as a wild river.
``(F) Laverkin creek.--The 16.1-mile segment beginning in
T. 38 S., R. 11 W., sec. 21, on Bureau of Land Management
land, southwest through Zion National Park, and ending at the
south end of T. 40 S., R. 12 W., sec. 7, and adjacent land
\1/2\-mile wide, as a wild river.
``(G) Willis creek.--The 1.9-mile segment beginning on
Bureau of Land Management land in the SWSW sec. 27, T. 38 S.,
R. 11 W., to the junction with LaVerkin Creek in Zion
National Park and adjacent land rim-to-rim, as a wild river.
``(H) Beartrap canyon.--The 2.3-mile segment beginning on
Bureau of Management land in the SWNW sec. 3, T. 39 S., R. 11
W., to the junction with LaVerkin Creek and the segment from
the headwaters north of Long Point to the junction with
LaVerkin Creek and adjacent land rim-to-rim, as a wild river.
``(I) Hop valley creek.--The 3.3-mile segment beginning at
the southern boundary of T. 39 S., R. 11 W., sec. 20, to the
junction with LaVerkin Creek and adjacent land \1/2\-mile
wide, as a wild river.
``(J) Current creek.--The 1.4-mile segment from the head of
Current Creek to the junction with LaVerkin Creek and
adjacent land rim-to-rim, as a wild river.
``(K) Cane creek.--The 0.6-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(L) Smith creek.--The 1.3-mile segment from the head of
Smith Creek to the junction with LaVerkin Creek and adjacent
land \1/2\-mile wide, as a wild river.
``(M) North creek left and right forks.--The segment of the
Left Fork from the junction with Wildcat Canyon to the
junction with Right Fork, from the head of Right Fork to the
junction with Left Fork, and from the junction of the Left
and Right Forks southwest to Zion National Park boundary and
adjacent land rim-to-rim, as a wild river.
``(N) Wildcat canyon (blue creek).--The segment of Blue
Creek from the Zion National Park boundary to the junction
with the Right Fork of North Creek and adjacent land rim-to-
rim, as a wild river.
``(O) Little creek.--The segment beginning at the head of
Little Creek to the junction with the Left Fork of North
Creek and adjacent land \1/2\-mile wide, as a wild river.
``(P) Russell gulch.--The segment from the head of Russell
Gulch to the junction with the Left Fork of North Creek and
adjacent land rim-to-rim, as a wild river.
``(Q) Grapevine wash.--The 2.6-mile segment from the Lower
Kolob Plateau to the junction with the Left Fork of North
Creek and adjacent land rim-to-rim, as a scenic river.
``(R) Pine spring wash.--The 4.6-mile segment to the
junction with the left fork of North Creek and adjacent land
\1/2\-mile, as a scenic river.
``(S) Wolf springs wash.--The 1.4-mile segment from the
head of Wolf Springs Wash to the junction with Pine Spring
Wash and adjacent land \1/2\-mile wide, as a scenic river.
``(T) Kolob creek.--The 5.9-mile segment of Kolob Creek
beginning in T. 39 S., R. 10 W., sec. 30, through Bureau of
Land Management land and Zion National Park land to the
junction with the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(U) Oak creek.--The 1-mile stretch of Oak Creek beginning
in T. 39 S., R. 10 W., sec. 19, to the junction with Kolob
Creek and adjacent land rim-to-rim, as a wild river.
``(V) Goose creek.--The 4.6-mile segment of Goose Creek
from the head of Goose Creek to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(W) Deep creek.--The 5.3-mile segment of Deep Creek
beginning on Bureau of Land Management land at the northern
boundary of T. 39 S., R. 10 W., sec. 23, south to the
junction of the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
``(X) North fork of the virgin river.--The 10.8-mile
segment of the North Fork of the Virgin River beginning on
Bureau of Land Management land at the eastern border
[[Page 6963]]
of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava and
adjacent land rim-to-rim, as a wild river.
``(Y) North fork of the virgin river.--The 8-mile segment
of the North Fork of the Virgin River from Temple of Sinawava
south to the Zion National Park boundary and adjacent land
\1/2\-mile wide, as a recreational river.
``(Z) Imlay canyon.--The segment from the head of Imlay
Creek to the junction with the North Fork of the Virgin River
and adjacent land rim-to-rim, as a wild river.
``(AA) Orderville canyon.--The segment from the eastern
boundary of Zion National Park to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
wild river.
``(BB) Mystery canyon.--The segment from the head of
Mystery Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(CC) Echo canyon.--The segment from the eastern boundary
of Zion National Park to the junction with the North Fork of
the Virgin River and adjacent land rim-to-rim, as a wild
river.
``(DD) Behunin canyon.--The segment from the head of
Behunin Canyon to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
``(EE) Heaps canyon.--The segment from the head of Heaps
Canyon to the junction with the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
``(FF) Birch creek.--The segment from the head of Birch
Creek to the junction with the North Fork of the Virgin River
and adjacent land \1/2\-mile wide, as a wild river.
``(GG) Oak creek.--The segment of Oak Creek from the head
of Oak Creek to where the forks join and adjacent land \1/2\-
mile wide, as a wild river.
``(HH) Oak creek.--The 1-mile segment of Oak Creek from the
point at which the 2 forks of Oak Creek join to the junction
with the North Fork of the Virgin River and adjacent land \1/
2\-mile wide, as a recreational river.
``(II) Clear creek.--The 6.4-mile segment of Clear Creek
from the eastern boundary of Zion National Park to the
junction with Pine Creek and adjacent land rim-to-rim, as a
recreational river.
``(JJ) Pine creek .--The 2-mile segment of Pine Creek from
the head of Pine Creek to the junction with Clear Creek and
adjacent land rim-to-rim, as a wild river.
``(KK) Pine creek.--The 3-mile segment of Pine Creek from
the junction with Clear Creek to the junction with the North
Fork of the Virgin River and adjacent land rim-to-rim, as a
recreational river.
``(LL) East fork of the virgin river.--The 8-mile segment
of the East Fork of the Virgin River from the eastern
boundary of Zion National Park through Parunuweap Canyon to
the western boundary of Zion National Park and adjacent land
\1/2\-mile wide, as a wild river.
``(MM) Shunes creek.--The 3-mile segment of Shunes Creek
from the dry waterfall on land administered by the Bureau of
Land Management through Zion National Park to the western
boundary of Zion National Park and adjacent land \1/2\-mile
wide as a wild river.''.
(b) Incorporation of Acquired Non-Federal Land.--If the
United States acquires any non-Federal land within or
adjacent to Zion National Park that includes a river segment
that is contiguous to a river segment of the Virgin River
designated as a wild, scenic, or recreational river by
paragraph (204) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the
acquired river segment shall be incorporated in, and be
administered as part of, the applicable wild, scenic, or
recreational river.
(c) Savings Clause.--The amendment made by subsection (a)
does not affect the agreement among the United States, the
State, the Washington County Water Conservancy District, and
the Kane County Water Conservancy District entitled ``Zion
National Park Water Rights Settlement Agreement'' and dated
December 4, 1996.
SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
TRANSPORTATION MANAGEMENT PLAN.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land managed by the Bureau of Land
Management, the Secretary; and
(B) with respect to land managed by the Forest Service, the
Secretary of Agriculture.
(3) Trail.--The term ``trail'' means the High Desert Off-
Highway Vehicle Trail designated under subsection (c)(1)(A).
(4) Travel management plan.--The term ``travel management
plan'' means the comprehensive travel and transportation
management plan developed under subsection (b)(1).
(b) Comprehensive Travel and Transportation Management
Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and other applicable laws (including regulations), the
Secretary, in consultation with appropriate Federal agencies
and State, tribal, and local governmental entities, and after
an opportunity for public comment, shall develop a
comprehensive travel management plan for the land managed by
the Bureau of Land Management in the County--
(A) to provide to the public a clearly marked network of
roads and trails with signs and maps to promote--
(i) public safety and awareness; and
(ii) enhanced recreation and general access opportunities;
(B) to help reduce in the County growing conflicts arising
from interactions between--
(i) motorized recreation; and
(ii) the important resource values of public land;
(C) to promote citizen-based opportunities for--
(i) the monitoring and stewardship of the trail; and
(ii) trail system management; and
(D) to support law enforcement officials in promoting--
(i) compliance with off-highway vehicle laws (including
regulations); and
(ii) effective deterrents of abuses of public land.
(2) Scope; contents.--In developing the travel management
plan, the Secretary shall--
(A) in consultation with appropriate Federal agencies,
State, tribal, and local governmental entities (including the
County and St. George City, Utah), and the public, identify 1
or more alternatives for a northern transportation route in
the County;
(B) ensure that the travel management plan contains a map
that depicts the trail; and
(C) designate a system of areas, roads, and trails for
mechanical and motorized use.
(c) Designation of Trail.--
(1) Designation.--
(A) In general.--As a component of the travel management
plan, and in accordance with subparagraph (B), the Secretary,
in coordination with the Secretary of Agriculture, and after
an opportunity for public comment, shall designate a trail
(which may include a system of trails)--
(i) for use by off-highway vehicles; and
(ii) to be known as the ``High Desert Off-Highway Vehicle
Trail''.
(B) Requirements.--In designating the trail, the Secretary
shall only include trails that are--
(i) as of the date of enactment of this Act, authorized for
use by off-highway vehicles; and
(ii) located on land that is managed by the Bureau of Land
Management in the County.
(C) National forest land.--The Secretary of Agriculture, in
coordination with the Secretary and in accordance with
applicable law, may designate a portion of the trail on
National Forest System land within the County.
(D) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices
of--
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(2) Management.--
(A) In general.--The Secretary concerned shall manage the
trail--
(i) in accordance with applicable laws (including
regulations);
(ii) to ensure the safety of citizens who use the trail;
and
(iii) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(B) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary concerned shall--
(i) annually assess the effects of the use of off-highway
vehicles on--
(I) the trail; and
(II) land located in proximity to the trail; and
(ii) in consultation with the Utah Department of Natural
Resources, annually assess the effects of the use of the
trail on wildlife and wildlife habitat.
(C) Closure.--The Secretary concerned, in consultation with
the State and the County, and subject to subparagraph (D),
may temporarily close or permanently reroute a portion of the
trail if the Secretary concerned determines that--
(i) the trail is having an adverse impact on--
(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the trail threatens public safety; or
(iii) closure of the trail is necessary--
(I) to repair damage to the trail; or
(II) to repair resource damage.
(D) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary concerned under
subparagraph (C) may be permanently rerouted along any road
or trail--
(i) that is--
(I) in existence as of the date of the closure of the
portion of the trail;
(II) located on public land; and
(III) open to motorized use; and
(ii) if the Secretary concerned determines that rerouting
the portion of the trail would
[[Page 6964]]
not significantly increase or decrease the length of the
trail.
(E) Notice of available routes.--The Secretary, in
coordination with the Secretary of Agriculture, shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(i) the placement of appropriate signage along the trail;
and
(ii) the distribution of maps, safety education materials,
and other information that the Secretary concerned determines
to be appropriate.
(3) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 1978. LAND DISPOSAL AND ACQUISITION.
(a) In General.--Consistent with applicable law, the
Secretary of the Interior may sell public land located within
Washington County, Utah, that, as of July 25, 2000, has been
identified for disposal in appropriate resource management
plans.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a portion of
the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land
under subsection (a) shall be deposited in a separate account
in the Treasury to be known as the ``Washington County, Utah
Land Acquisition Account''.
(2) Availability.--
(A) In general.--Amounts in the account shall be available
to the Secretary, without further appropriation, to purchase
from willing sellers lands or interests in land within the
wilderness areas and National Conservation Areas established
by this subtitle.
(B) Applicability.--Any purchase of land or interest in
land under subparagraph (A) shall be in accordance with
applicable law.
SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.
(a) In General.--In accordance with applicable Federal laws
(including regulations), the Secretary of the Interior
shall--
(1) identify areas located in the County where biological
conservation is a priority; and
(2) undertake activities to conserve and restore plant and
animal species and natural communities within such areas.
(b) Grants; Cooperative Agreements.--In carrying out
subsection (a), the Secretary of the Interior may make grants
to, or enter into cooperative agreements with, State, tribal,
and local governmental entities and private entities to
conduct research, develop scientific analyses, and carry out
any other initiative relating to the restoration or
conservation of the areas.
SEC. 1980. PUBLIC PURPOSE CONVEYANCES.
(a) In General.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
upon the request of the appropriate local governmental
entity, as described below, the Secretary shall convey the
following parcels of public land without consideration,
subject to the provisions of this section:
(1) Temple quarry.--The approximately 122-acre parcel known
as ``Temple Quarry'' as generally depicted on the Washington
County Growth and Conservation Act Map as ``Parcel B'', to
the City of St. George, Utah, for open space and public
recreation purposes.
(2) Hurricane city sports park.--The approximately 41-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel C'', to the City of
Hurricane, Utah, for public recreation purposes and public
administrative offices.
(3) Washington county school district.--The approximately
70-acre parcel as generally depicted on the Washington County
Growth and Conservation Act Map as ``Parcel D'', to the
Washington County Public School District for use for public
school and related educational and administrative purposes.
(4) Washington county jail.--The approximately 80-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel E'', to Washington
County, Utah, for expansion of the Purgatory Correctional
Facility.
(5) Hurricane equestrian park.--The approximately 40-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ``Parcel F'', to the City of
Hurricane, Utah, for use as a public equestrian park.
(b) Map and Legal Descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the parcels to be conveyed
under this section. The Secretary may correct any minor
errors in the map referenced in subsection (a) or in the
applicable legal descriptions. The map and legal descriptions
shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Reversion.--
(1) In general.--If any parcel conveyed under this section
ceases to be used for the public purpose for which the parcel
was conveyed, as described in subsection (a), the land shall,
at the discretion of the Secretary based on his determination
of the best interests of the United States, revert to the
United States.
(2) Responsibility of local governmental entity.--If the
Secretary determines pursuant to paragraph (1) that the land
should revert to the United States, and if the Secretary
determines that the land is contaminated with hazardous
waste, the local governmental entity to which the land was
conveyed shall be responsible for remediation of the
contamination.
SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.
(a) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal
land'' means the approximately 66.07 acres of land in the
Dixie National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means Kirk R.
Harrison, who owns land in Pinto Valley, Utah.
(3) Map.--The term ``map'' means the map entitled
``Conveyance of Dixie National Forest Land'' and dated
December 18, 2008.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance.--
(1) In general.--The Secretary may convey to the landowner
all right, title, and interest of the United States in and to
any of the covered Federal land (including any improvements
or appurtenances to the covered Federal land) by sale or
exchange.
(2) Legal description.--The exact acreage and legal
description of the covered Federal land to be conveyed under
paragraph (1) shall be determined by surveys satisfactory to
the Secretary.
(3) Consideration.--
(A) In general.--As consideration for any conveyance by
sale under paragraph (1), the landowner shall pay to the
Secretary an amount equal to the fair market value of any
Federal land conveyed, as determined under subparagraph (B).
(B) Appraisal.--The fair market value of any Federal land
that is conveyed under paragraph (1) shall be determined by
an appraisal acceptable to the Secretary that is performed in
accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(ii) the Uniform Standards of Professional Appraisal
Practice; and
(iii) any other applicable law (including regulations).
(4) Disposition and use of proceeds.--
(A) Disposition of proceeds.--The Secretary shall deposit
the proceeds of any sale of land under paragraph (1) in the
fund established under Public Law 90-171 (commonly known as
the ``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under subparagraph
(A) shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of real
property or interests in real property for inclusion in the
Dixie National Forest in the State.
(5) Additional terms and conditions.--The Secretary may
require any additional terms and conditions for any
conveyance under paragraph (1) that the Secretary determines
to be appropriate to protect the interests of the United
States.
SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF
PAIUTE INDIANS.
(a) Definitions.--In this section:
(1) Parcel a.--The term ``Parcel A'' means the parcel that
consists of approximately 640 acres of land that is--
(A) managed by the Bureau of Land Management;
(B) located in Washington County, Utah; and
(C) depicted on the map entitled ``Washington County Growth
and Conservation Act Map''.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Shivwits Band of
Paiute Indians of the State of Utah.
(b) Parcel To Be Held in Trust.--
(1) In general.--At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe all right,
title, and interest of the United States in and to Parcel A.
(2) Survey; legal description.--
(A) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary, acting through the
Director of the Bureau of Land Management, shall complete a
survey of Parcel A to establish the boundary of Parcel A.
(B) Legal description of parcel a.--
(i) In general.--Upon the completion of the survey under
subparagraph (A), the Secretary shall publish in the Federal
Register a legal description of--
(I) the boundary line of Parcel A; and
(II) Parcel A.
(ii) Technical corrections.--Before the date of publication
of the legal descriptions under clause (i), the Secretary may
make minor corrections to correct technical and clerical
errors in the legal descriptions.
(iii) Effect.--Effective beginning on the date of
publication of the legal descriptions under clause (i), the
legal descriptions shall be considered to be the official
legal descriptions of Parcel A.
(3) Effect.--Nothing in this section--
(A) affects any valid right in existence on the date of
enactment of this Act;
[[Page 6965]]
(B) enlarges, impairs, or otherwise affects any right or
claim of the Tribe to any land or interest in land other than
to Parcel A that is--
(i) based on an aboriginal or Indian title; and
(ii) in existence as of the date of enactment of this Act;
or
(C) constitutes an express or implied reservation of water
or a water right with respect to Parcel A.
(4) Land to be made a part of the reservation.--Land taken
into trust pursuant to this section shall be considered to be
part of the reservation of the Tribe.
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
SEC. 2001. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) System.--The term ``system'' means the National
Landscape Conservation System established by section 2002(a).
SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE
CONSERVATION SYSTEM.
(a) Establishment.--In order to conserve, protect, and
restore nationally significant landscapes that have
outstanding cultural, ecological, and scientific values for
the benefit of current and future generations, there is
established in the Bureau of Land Management the National
Landscape Conservation System.
(b) Components.--The system shall include each of the
following areas administered by the Bureau of Land
Management:
(1) Each area that is designated as--
(A) a national monument;
(B) a national conservation area;
(C) a wilderness study area;
(D) a national scenic trail or national historic trail
designated as a component of the National Trails System;
(E) a component of the National Wild and Scenic Rivers
System; or
(F) a component of the National Wilderness Preservation
System.
(2) Any area designated by Congress to be administered for
conservation purposes, including--
(A) the Steens Mountain Cooperative Management and
Protection Area;
(B) the Headwaters Forest Reserve;
(C) the Yaquina Head Outstanding Natural Area;
(D) public land within the California Desert Conservation
Area administered by the Bureau of Land Management for
conservation purposes; and
(E) any additional area designated by Congress for
inclusion in the system.
(c) Management.--The Secretary shall manage the system--
(1) in accordance with any applicable law (including
regulations) relating to any component of the system included
under subsection (b); and
(2) in a manner that protects the values for which the
components of the system were designated.
(d) Effect.--
(1) In general.--Nothing in this subtitle enhances,
diminishes, or modifies any law or proclamation (including
regulations relating to the law or proclamation) under which
the components of the system described in subsection (b) were
established or are managed, including--
(A) the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
(D) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(2) Fish and wildlife.--Nothing in this subtitle shall be
construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations, including the regulation of hunting, fishing,
trapping and recreational shooting on public land managed by
the Bureau of Land Management. Nothing in this subtitle shall
be construed as limiting access for hunting, fishing,
trapping, or recreational shooting.
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle B--Prehistoric Trackways National Monument
SEC. 2101. FINDINGS.
Congress finds that--
(1) in 1987, a major deposit of Paleozoic Era fossilized
footprint megatrackways was discovered in the Robledo
Mountains in southern New Mexico;
(2) the trackways contain footprints of numerous
amphibians, reptiles, and insects (including previously
unknown species), plants, and petrified wood dating back
approximately 280,000,000 years, which collectively provide
new opportunities to understand animal behaviors and
environments from a time predating the dinosaurs;
(3) title III of Public Law 101-578 (104 Stat. 2860)--
(A) provided interim protection for the site at which the
trackways were discovered; and
(B) directed the Secretary of the Interior to--
(i) prepare a study assessing the significance of the site;
and
(ii) based on the study, provide recommendations for
protection of the paleontological resources at the site;
(4) the Bureau of Land Management completed the Paleozoic
Trackways Scientific Study Report in 1994, which
characterized the site as containing ``the most
scientifically significant Early Permian tracksites'' in the
world;
(5) despite the conclusion of the study and the
recommendations for protection, the site remains unprotected
and many irreplaceable trackways specimens have been lost to
vandalism or theft; and
(6) designation of the trackways site as a National
Monument would protect the unique fossil resources for
present and future generations while allowing for public
education and continued scientific research opportunities.
SEC. 2102. DEFINITIONS.
In this subtitle:
(1) Monument.--The term ``Monument'' means the Prehistoric
Trackways National Monument established by section 2103(a).
(2) Public land.--The term ``public 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).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2103. ESTABLISHMENT.
(a) In General.--In order to conserve, protect, and enhance
the unique and nationally important paleontological,
scientific, educational, scenic, and recreational resources
and values of the public land described in subsection (b),
there is established the Prehistoric Trackways National
Monument in the State of New Mexico.
(b) Description of Land.--The Monument shall consist of
approximately 5,280 acres of public land in Dona Ana County,
New Mexico, as generally depicted on the map entitled
``Prehistoric Trackways National Monument'' and dated
December 17, 2008.
(c) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare and submit
to Congress an official map and legal description of the
Monument.
(2) Corrections.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical errors in the legal
description and the map.
(3) Conflict between map and legal description.--In the
case of a conflict between the map and the legal description,
the map shall control.
(4) Availability of map and legal description.--Copies of
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) Minor Boundary Adjustments.--If additional
paleontological resources are discovered on public land
adjacent to the Monument after the date of enactment of this
Act, the Secretary may make minor boundary adjustments to the
Monument to include the resources in the Monument.
SEC. 2104. ADMINISTRATION.
(a) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and enhances the
resources and values of the Monument, including the resources
and values described in section 2103(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) National landscape conservation system.--The Monument
shall be managed as a component of the National Landscape
Conservation System.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term protection
and management of the Monument.
(2) Components.--The management plan under paragraph (1)--
(A) shall--
(i) describe the appropriate uses and management of the
Monument, consistent with the provisions of this subtitle;
and
(ii) allow for continued scientific research at the
Monument during the development of the management plan; and
(B) may--
(i) incorporate any appropriate decisions contained in any
current management or activity plan for the land described in
section 2103(b); and
[[Page 6966]]
(ii) use information developed in studies of any land
within or adjacent to the Monument that were conducted before
the date of enactment of this Act.
(c) Authorized Uses.--The Secretary shall only allow uses
of the Monument that the Secretary determines would further
the purposes for which the Monument has been established.
(d) Interpretation, Education, and Scientific Research.--
(1) In general.--The Secretary shall provide for public
interpretation of, and education and scientific research on,
the paleontological resources of the Monument, with priority
given to exhibiting and curating the resources in Dona Ana
County, New Mexico.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with appropriate public entities to
carry out paragraph (1).
(e) Special Management Areas.--
(1) In general.--The establishment of the Monument shall
not change the management status of any area within the
boundary of the Monument that is--
(A) designated as a wilderness study area and managed in
accordance with section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)); or
(B) managed as an area of critical environment concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this subtitle, the more restrictive provision shall control.
(f) Motorized Vehicles.--
(1) In general.--Except as needed for administrative
purposes or to respond to an emergency, the use of motorized
vehicles in the Monument shall be allowed only on roads and
trails designated for use by motorized vehicles under the
management plan prepared under subsection (b).
(2) Permitted events.--The Secretary may issue permits for
special recreation events involving motorized vehicles within
the boundaries of the Monument--
(A) to the extent the events do not harm paleontological
resources; and
(B) subject to any terms and conditions that the Secretary
determines to be necessary.
(g) Withdrawals.--Subject to valid existing rights, any
Federal land within the Monument and any land or interest in
land that is acquired by the United States for inclusion in
the Monument after the date of enactment of this Act are
withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal
leasing laws, and minerals materials laws.
(h) Grazing.--The Secretary may allow grazing to continue
in any area of the Monument in which grazing is allowed
before the date of enactment of this Act, subject to
applicable laws (including regulations).
(i) Water Rights.--Nothing in this subtitle constitutes an
express or implied reservation by the United States of any
water or water rights with respect to the Monument.
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
SEC. 2201. DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area''
means the Fort Stanton-Snowy River Cave National Conservation
Area established by section 2202(a).
(2) Management plan.--The term ``management plan'' means
the management plan developed for the Conservation Area under
section 2203(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER CAVE
NATIONAL CONSERVATION AREA.
(a) Establishment; Purposes.--There is established the Fort
Stanton-Snowy River Cave National Conservation Area in
Lincoln County, New Mexico, to protect, conserve, and enhance
the unique and nationally important historic, cultural,
scientific, archaeological, natural, and educational
subterranean cave resources of the Fort Stanton-Snowy River
cave system.
(b) Area Included.--The Conservation Area shall include the
area within the boundaries depicted on the map entitled
``Fort Stanton-Snowy River Cave National Conservation Area''
and dated December 15, 2008.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress
a map and legal description of the Conservation Area.
(2) Effect.--The map and legal description of the
Conservation Area shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any minor errors in the map and legal description.
(3) Public availability.--The map and legal description of
the Conservation Area shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA.
(a) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
resources and values of the Conservation Area, including the
resources and values described in section 2202(a); and
(B) in accordance with--
(i) this subtitle;
(ii) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) Uses.--The Secretary shall only allow uses of the
Conservation Area that are consistent with the protection of
the cave resources.
(3) Requirements.--In administering the Conservation Area,
the Secretary shall provide for--
(A) the conservation and protection of the natural and
unique features and environs for scientific, educational, and
other appropriate public uses of the Conservation Area;
(B) public access, as appropriate, while providing for the
protection of the cave resources and for public safety;
(C) the continuation of other existing uses or other new
uses of the Conservation Area that do not impair the purposes
for which the Conservation Area is established;
(D) management of the surface area of the Conservation Area
in accordance with the Fort Stanton Area of Critical
Environmental Concern Final Activity Plan dated March, 2001,
or any amendments to the plan, consistent with this subtitle;
and
(E) scientific investigation and research opportunities
within the Conservation Area, including through partnerships
with colleges, universities, schools, scientific
institutions, researchers, and scientists to conduct research
and provide educational and interpretive services within the
Conservation Area.
(b) Withdrawals.--Subject to valid existing rights, all
Federal surface and subsurface land within the Conservation
Area and all land and interests in the land that are acquired
by the United States after the date of enactment of this Act
for inclusion in the Conservation Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive plan for the long-term management of the
Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of the
Conservation Area;
(B) incorporate, as appropriate, decisions contained in any
other management or activity plan for the land within or
adjacent to the Conservation Area;
(C) take into consideration any information developed in
studies of the land and resources within or adjacent to the
Conservation Area; and
(D) provide for a cooperative agreement with Lincoln
County, New Mexico, to address the historical involvement of
the local community in the interpretation and protection of
the resources of the Conservation Area.
(d) Research and Interpretive Facilities.--
(1) In general.--The Secretary may establish facilities
for--
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural,
scientific, archaeological, natural, and educational
resources of the Conservation Area.
(2) Cooperative agreements.--The Secretary may, in a manner
consistent with this subtitle, enter into cooperative
agreements with the State of New Mexico and other
institutions and organizations to carry out the purposes of
this subtitle.
(e) Water Rights.--Nothing in this subtitle constitutes an
express or implied reservation of any water right.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle D--Snake River Birds of Prey National Conservation Area
SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA.
(a) Renaming.--Public Law 103-64 is amended--
(1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting
``Morley Nelson'' before ``Snake River Birds of Prey National
Conservation Area''; and
(2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
inserting ``Morley Nelson'' before ``Snake River Birds of
Prey National Conservation Area''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Snake River Birds of Prey National Conservation
[[Page 6967]]
Area shall be deemed to be a reference to the Morley Nelson
Snake River Birds of Prey National Conservation Area.
(c) Technical Corrections.--Public Law 103-64 is further
amended--
(1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by
striking ``(hereafter referred to as the `conservation
area')''; and
(2) in section 4 (16 U.S.C. 460iii-3)--
(A) in subsection (a)(2), by striking ``Conservation Area''
and inserting ``conservation area''; and
(B) in subsection (d), by striking ``Visitors Center'' and
inserting ``visitors center''.
Subtitle E--Dominguez-Escalante National Conservation Area
SEC. 2401. DEFINITIONS.
In this subtitle:
(1) Conservation area.--The term ``Conservation Area''
means the Dominguez-Escalante National Conservation Area
established by section 2402(a)(1).
(2) Council.--The term ``Council'' means the Dominguez-
Escalante National Conservation Area Advisory Council
established under section 2407.
(3) Management plan.--The term ``management plan'' means
the management plan developed under section 2406.
(4) Map.--The term ``Map'' means the map entitled
``Dominguez-Escalante National Conservation Area'' and dated
September 15, 2008.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(7) Wilderness.--The term ``Wilderness'' means the
Dominguez Canyon Wilderness Area designated by section
2403(a).
SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Dominguez-
Escalante National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 209,610 acres of public land, as generally
depicted on the Map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve and protect for the benefit and enjoyment of present
and future generations--
(1) the unique and important resources and values of the
land, including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational,
wilderness, wildlife, riparian, historical, educational, and
scenic resources of the public land; and
(2) the water resources of area streams, based on
seasonally available flows, that are necessary to support
aquatic, riparian, and terrestrial species and communities.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) as a component of the National Landscape Conservation
System;
(B) in a manner that conserves, protects, and enhances the
resources and values of the Conservation Area described in
subsection (b); and
(C) in accordance with--
(i) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such uses
of the Conservation Area as the Secretary determines would
further the purposes for which the Conservation Area is
established.
(B) Use of motorized vehicles.--
(i) In general.--Except as provided in clauses (ii) and
(iii), use of motorized vehicles in the Conservation Area
shall be allowed--
(I) before the effective date of the management plan, only
on roads and trails designated for use of motor vehicles in
the management plan that applies on the date of the enactment
of this Act to the public land in the Conservation Area; and
(II) after the effective date of the management plan, only
on roads and trails designated in the management plan for the
use of motor vehicles.
(ii) Administrative and emergency response use.--Clause (i)
shall not limit the use of motor vehicles in the Conservation
Area for administrative purposes or to respond to an
emergency.
(iii) Limitation.--This subparagraph shall not apply to the
Wilderness.
SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 66,280 acres of
public land in Mesa, Montrose, and Delta Counties, Colorado,
as generally depicted on the Map, is designated as wilderness
and as a component of the National Wilderness Preservation
System, to be known as the ``Dominguez Canyon Wilderness
Area''.
(b) Administration of Wilderness.--The Wilderness shall be
managed by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.) and this subtitle, except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
SEC. 2404. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Conservation Area and the Wilderness
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 descriptions filed
under subsection (a) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct clerical and typographical errors in the Map and
legal descriptions.
(c) Public Availability.--The Map and legal descriptions
filed under subsection (a) shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.
(a) Withdrawal.--Subject to valid existing rights, all
Federal land within the Conservation Area and the Wilderness
and all land and interests in land acquired by the United
States within the Conservation Area or the Wilderness is
withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Grazing.--
(1) Grazing in conservation area.--Except as provided in
paragraph (2), the Secretary shall issue and administer any
grazing leases or permits in the Conservation Area in
accordance with the laws (including regulations) applicable
to the issuance and administration of such leases and permits
on other land under the jurisdiction of the Bureau of Land
Management.
(2) Grazing in wilderness.--The grazing of livestock in the
Wilderness, if established as of the date of enactment of
this Act, shall be permitted to continue--
(A) subject to any reasonable regulations, policies, and
practices that the Secretary determines to be necessary; and
(B) in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(c) No Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a
protective perimeter or buffer zone around the Conservation
Area.
(2) Activities outside conservation area.--The fact that an
activity or use on land outside the Conservation Area can be
seen or heard within the Conservation Area shall not preclude
the activity or use outside the boundary of the Conservation
Area.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
within the boundaries of the Conservation Area or the
Wilderness only through exchange, donation, or purchase from
a willing seller.
(2) Management.--Land acquired under paragraph (1) shall--
(A) become part of the Conservation Area and, if
applicable, the Wilderness; and
(B) be managed in accordance with this subtitle and any
other applicable laws.
(e) Fire, Insects, and Diseases.--Subject to such terms and
conditions as the Secretary determines to be desirable and
appropriate, the Secretary may undertake such measures as are
necessary to control fire, insects, and diseases--
(1) in the Wilderness, in accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
(2) except as provided in paragraph (1), in the
Conservation Area in accordance with this subtitle and any
other applicable laws.
(f) Access.--The Secretary shall continue to provide
private landowners adequate access to inholdings in the
Conservation Area.
(g) Invasive Species and Noxious Weeds.--In accordance with
any applicable laws and subject to such terms and conditions
as the Secretary determines to be desirable and appropriate,
the Secretary may prescribe measures to control nonnative
invasive plants and noxious weeds within the Conservation
Area.
(h) Water Rights.--
(1) Effect.--Nothing in this subtitle--
(A) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(B) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
Act, including any water right held by the United States;
(C) affects any interstate water compact in existence on
the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal water
rights; or
(E) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States
[[Page 6968]]
in the State on or before the date of enactment of this Act.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that any water
rights within the Wilderness required to fulfill the purposes
of the Wilderness are secured in accordance with
subparagraphs (B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water rights within the
Wilderness for which the Secretary pursues adjudication shall
be adjudicated, changed, and administered in accordance with
the procedural requirements and priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided in subclause (II), the
purposes and other substantive characteristics of the water
rights pursued under this paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding subclause (I) and in
accordance with this subtitle, the Secretary may appropriate
and seek adjudication of water rights to maintain surface
water levels and stream flows on and across the Wilderness to
fulfill the purposes of the Wilderness.
(C) Deadline.--The Secretary shall promptly, but not
earlier than January 2009, appropriate the water rights
required to fulfill the purposes of the Wilderness.
(D) Required determination.--The Secretary shall not pursue
adjudication for any instream flow water rights unless the
Secretary makes a determination pursuant to subparagraph
(E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not pursue
adjudication of any Federal instream flow water rights
established under this paragraph if--
(I) the Secretary determines, upon adjudication of the
water rights by the Colorado Water Conservation Board, that
the Board holds water rights sufficient in priority, amount,
and timing to fulfill the purposes of the Wilderness; and
(II) the Secretary has entered into a perpetual agreement
with the Colorado Water Conservation Board to ensure the full
exercise, protection, and enforcement of the State water
rights within the Wilderness to reliably fulfill the purposes
of the Wilderness.
(ii) Adjudication.--If the Secretary determines that the
provisions of clause (i) have not been met, the Secretary
shall adjudicate and exercise any Federal water rights
required to fulfill the purposes of the Wilderness in
accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado Water
Conservation Board modifies the instream flow water rights
obtained under subparagraph (E) to such a degree that the
Secretary determines that water rights held by the State are
insufficient to fulfill the purposes of the Wilderness, the
Secretary shall adjudicate and exercise Federal water rights
required to fulfill the purposes of the Wilderness in
accordance with subparagraph (B).
(G) Failure to comply.--The Secretary shall promptly act to
exercise and enforce the water rights described in
subparagraph (E) if the Secretary determines that--
(i) the State is not exercising its water rights consistent
with subparagraph (E)(i)(I); or
(ii) the agreement described in subparagraph (E)(i)(II) is
not fulfilled or complied with sufficiently to fulfill the
purposes of the Wilderness.
(3) Water resource facility.--
(A) In general.--Notwithstanding any other provision of law
and subject to subparagraph (B), beginning on the date of
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new irrigation and pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, transmission, other
ancillary facility, or other water, diversion, storage, or
carriage structure in the Wilderness.
(B) Exception.--Notwithstanding subparagraph (A), the
Secretary may allow construction of new livestock watering
facilities within the Wilderness in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(4) Conservation area water rights.--With respect to water
within the Conservation Area, nothing in this subtitle--
(A) authorizes any Federal agency to appropriate or
otherwise acquire any water right on the mainstem of the
Gunnison River; or
(B) prevents the State from appropriating or acquiring, or
requires the State to appropriate or acquire, an instream
flow water right on the mainstem of the Gunnison River.
(5) Wilderness boundaries along gunnison river.--
(A) In general.--In areas in which the Gunnison River is
used as a reference for defining the boundary of the
Wilderness, the boundary shall--
(i) be located at the edge of the river; and
(ii) change according to the river level.
(B) Exclusion from wilderness.--Regardless of the level of
the Gunnison River, no portion of the Gunnison River is
included in the Wilderness.
(i) Effect.--Nothing in this subtitle--
(1) diminishes the jurisdiction of the State with respect
to fish and wildlife in the State; or
(2) imposes any Federal water quality standard upstream of
the Conservation Area or within the mainstem of the Gunnison
River that is more restrictive than would be applicable had
the Conservation Area not been established.
(j) Valid Existing Rights.--The designation of the
Conservation Area and Wilderness is subject to valid rights
in existence on the date of enactment of this Act.
SEC. 2406. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term protection
and management of the Conservation Area.
(b) Purposes.--The management plan shall--
(1) describe the appropriate uses and management of the
Conservation Area;
(2) be developed with extensive public input;
(3) take into consideration any information developed in
studies of the land within the Conservation Area; and
(4) include a comprehensive travel management plan.
SEC. 2407. ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory council, to be known as the ``Dominguez-Escalante
National Conservation Area Advisory Council''.
(b) Duties.--The Council shall advise the Secretary with
respect to the preparation and implementation of the
management plan.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall include 10 members to be
appointed by the Secretary, of whom, to the extent
practicable--
(1) 1 member shall be appointed after considering the
recommendations of the Mesa County Commission;
(2) 1 member shall be appointed after considering the
recommendations of the Montrose County Commission;
(3) 1 member shall be appointed after considering the
recommendations of the Delta County Commission;
(4) 1 member shall be appointed after considering the
recommendations of the permittees holding grazing allotments
within the Conservation Area or the Wilderness; and
(5) 5 members shall reside in, or within reasonable
proximity to, Mesa County, Delta County, or Montrose County,
Colorado, with backgrounds that reflect--
(A) the purposes for which the Conservation Area or
Wilderness was established; and
(B) the interests of the stakeholders that are affected by
the planning and management of the Conservation Area and
Wilderness.
(e) Representation.--The Secretary shall ensure that the
membership of the Council is fairly balanced in terms of the
points of view represented and the functions to be performed
by the Council.
(f) Duration.--The Council shall terminate on the date that
is 1 year from the date on which the management plan is
adopted by the Secretary.
SEC. 2408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle F--Rio Puerco Watershed Management Program
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.
(a) Rio Puerco Management Committee.--Section 401(b) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333; 110 Stat. 4147) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (I) through (N) as
subparagraphs (J) through (O), respectively; and
(B) by inserting after subparagraph (H) the following:
``(I) the Environmental Protection Agency;''; and
(2) in paragraph (4), by striking ``enactment of this Act''
and inserting ``enactment of the Omnibus Public Land
Management Act of 2009''.
(b) Authorization of Appropriations.--Section 401(e) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333; 110 Stat. 4148) is amended by striking
``enactment of this Act'' and inserting ``enactment of the
Omnibus Public Land Management Act of 2009''.
Subtitle G--Land Conveyances and Exchanges
SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.
(a) Definitions.--In this section:
[[Page 6969]]
(1) City.--The term ``City'' means Carson City Consolidated
Municipality, Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Carson
City, Nevada Area'', dated November 7, 2008, and on file and
available for public inspection in the appropriate offices
of--
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the City.
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land in the National Forest System, the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
(B) with respect to other Federal land, the Secretary of
the Interior.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior,
acting jointly.
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California, which is a federally recognized Indian
tribe.
(b) Conveyances of Federal Land and City Land.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), if
the City offers to convey to the United States title to the
non-Federal land described in paragraph (2)(A) that is
acceptable to the Secretary of Agriculture--
(A) the Secretary shall accept the offer; and
(B) not later than 180 days after the date on which the
Secretary receives acceptable title to the non-Federal land
described in paragraph (2)(A), the Secretaries shall convey
to the City, subject to valid existing rights and for no
consideration, except as provided in paragraph (3)(A), all
right, title, and interest of the United States in and to the
Federal land (other than any easement reserved under
paragraph (3)(B)) or interest in land described in paragraph
(2)(B).
(2) Description of land.--
(A) Non-federal land.--The non-Federal land referred to in
paragraph (1) is the approximately 2,264 acres of land
administered by the City and identified on the Map as ``To
U.S. Forest Service''.
(B) Federal land.--The Federal land referred to in
paragraph (1)(B) is--
(i) the approximately 935 acres of Forest Service land
identified on the Map as ``To Carson City for Natural
Areas'';
(ii) the approximately 3,604 acres of Bureau of Land
Management land identified on the Map as ``Silver Saddle
Ranch and Carson River Area'';
(iii) the approximately 1,848 acres of Bureau of Land
Management land identified on the Map as ``To Carson City for
Parks and Public Purposes''; and
(iv) the approximately 75 acres of City land in which the
Bureau of Land Management has a reversionary interest that is
identified on the Map as ``Reversionary Interest of the
United States Released''.
(3) Conditions.--
(A) Consideration.--Before the conveyance of the 62-acre
Bernhard parcel to the City, the City shall deposit in the
special account established by subsection (e)(2)(A) an amount
equal to 25 percent of the difference between--
(i) the amount for which the Bernhard parcel was purchased
by the City on July 18, 2001; and
(ii) the amount for which the Bernhard parcel was purchased
by the Secretary on March 24, 2006.
(B) Conservation easement.--As a condition of the
conveyance of the land described in paragraph (2)(B)(ii), the
Secretary, in consultation with Carson City and affected
local interests, shall reserve a perpetual conservation
easement to the land to protect, preserve, and enhance the
conservation values of the land, consistent with paragraph
(4)(B).
(C) Costs.--Any costs relating to the conveyance under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the recipient of the
land being conveyed.
(4) Use of land.--
(A) Natural areas.--
(i) In general.--Except as provided in clause (ii), the
land described in paragraph (2)(B)(i) shall be managed by the
City to maintain undeveloped open space and to preserve the
natural characteristics of the land in perpetuity.
(ii) Exception.--Notwithstanding clause (i), the City may--
(I) conduct projects on the land to reduce fuels;
(II) construct and maintain trails, trailhead facilities,
and any infrastructure on the land that is required for
municipal water and flood management activities; and
(III) maintain or reconstruct any improvements on the land
that are in existence on the date of enactment of this Act.
(B) Silver saddle ranch and carson river area.--
(i) In general.--Except as provided in clause (ii), the
land described in paragraph (2)(B)(ii) shall--
(I) be managed by the City to protect and enhance the
Carson River, the floodplain and surrounding upland, and
important wildlife habitat; and
(II) be used for undeveloped open space, passive
recreation, customary agricultural practices, and wildlife
protection.
(ii) Exception.--Notwithstanding clause (i), the City may--
(I) construct and maintain trails and trailhead facilities
on the land;
(II) conduct projects on the land to reduce fuels;
(III) maintain or reconstruct any improvements on the land
that are in existence on the date of enactment of this Act;
and
(IV) allow the use of motorized vehicles on designated
roads, trails, and areas in the south end of Prison Hill.
(C) Parks and public purposes.--The land described in
paragraph (2)(B)(iii) shall be managed by the City for--
(i) undeveloped open space; and
(ii) recreation or other public purposes consistent with
the Act of June 14, 1926 (commonly known as the ``Recreation
and Public Purposes Act'') (43 U.S.C. 869 et seq.).
(D) Reversionary interest.--
(i) Release.--The reversionary interest described in
paragraph (2)(B)(iv) shall terminate on the date of enactment
of this Act.
(ii) Conveyance by city.--
(I) In general.--If the City sells, leases, or otherwise
conveys any portion of the land described in paragraph
(2)(B)(iv), the sale, lease, or conveyance of land shall be--
(aa) through a competitive bidding process; and
(bb) except as provided in subclause (II), for not less
than fair market value.
(II) Conveyance to government or nonprofit.--A sale, lease,
or conveyance of land described in paragraph (2)(B)(iv) to
the Federal Government, a State government, a unit of local
government, or a nonprofit organization shall be for
consideration in an amount equal to the price established by
the Secretary of the Interior under section 2741 of title 43,
Code of Federal Regulation (or successor regulations).
(III) Disposition of proceeds.--The gross proceeds from the
sale, lease, or conveyance of land under subclause (I) shall
be distributed in accordance with subsection (e)(1).
(5) Reversion.--If land conveyed under paragraph (1) is
used in a manner that is inconsistent with the uses described
in subparagraph (A), (B), (C), or (D) of paragraph (4), the
land shall, at the discretion of the Secretary, revert to the
United States.
(6) Miscellaneous provisions.--
(A) In general.--On conveyance of the non-Federal land
under paragraph (1) to the Secretary of Agriculture, the non-
Federal land shall--
(i) become part of the Humboldt-Toiyabe National Forest;
and
(ii) be administered in accordance with the laws (including
the regulations) and rules generally applicable to the
National Forest System.
(B) Management plan.--The Secretary of Agriculture, in
consultation with the City and other interested parties, may
develop and implement a management plan for National Forest
System land that ensures the protection and stabilization of
the National Forest System land to minimize the impacts of
flooding on the City.
(7) Conveyance to bureau of land management.--
(A) In general.--If the City offers to convey to the United
States title to the non-Federal land described in
subparagraph (B) that is acceptable to the Secretary of the
Interior, the land shall, at the discretion of the Secretary,
be conveyed to the United States.
(B) Description of land.--The non-Federal land referred to
in subparagraph (A) is the approximately 46 acres of land
administered by the City and identified on the Map as ``To
Bureau of Land Management''.
(C) Costs.--Any costs relating to the conveyance under
subparagraph (A), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
(c) Transfer of Administrative Jurisdiction From the Forest
Service to the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
approximately 50 acres of Forest Service land identified on
the Map as ``Parcel #1'' is transferred, from the Secretary
of Agriculture to the Secretary of the Interior.
(2) Costs.--Any costs relating to the transfer under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
(3) Use of land.--
(A) Right-of-way.--Not later than 120 days after the date
of enactment of this Act, the Secretary of the Interior shall
grant to the City a right-of-way for the maintenance of flood
management facilities located on the land.
(B) Disposal.--The land referred to in paragraph (1) shall
be disposed of in accordance with subsection (d).
(C) Disposition of proceeds.--The gross proceeds from the
disposal of land under subparagraph (B) shall be distributed
in accordance with subsection (e)(1).
(d) Disposal of Carson City Land.--
(1) In general.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary of the Interior shall, in
accordance with that Act, this subsection, and other
applicable law, and subject to valid existing rights, conduct
sales of the Federal land described in paragraph (2) to
qualified bidders.
[[Page 6970]]
(2) Description of land.--The Federal land referred to in
paragraph (1) is--
(A) the approximately 108 acres of Bureau of Land
Management land identified as ``Lands for Disposal'' on the
Map; and
(B) the approximately 50 acres of land identified as
``Parcel #1'' on the Map.
(3) Compliance with local planning and zoning laws.--Before
a sale of Federal land under paragraph (1), the City shall
submit to the Secretary a certification that qualified
bidders have agreed to comply with--
(A) City zoning ordinances; and
(B) any master plan for the area approved by the City.
(4) Method of sale; consideration.--The sale of Federal
land under paragraph (1) shall be--
(A) consistent with subsections (d) and (f) of section 203
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713);
(B) unless otherwise determined by the Secretary, through a
competitive bidding process; and
(C) for not less than fair market value.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
except as provided in subparagraph (B), the Federal land
described in paragraph (2) is withdrawn from--
(i) all forms of entry and appropriation under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) operation of the mineral leasing and geothermal
leasing laws.
(B) Exception.--Subparagraph (A)(i) shall not apply to
sales made consistent with this subsection.
(6) Deadline for sale.--
(A) In general.--Except as provided in subparagraph (B),
not later than 1 year after the date of enactment of this
Act, if there is a qualified bidder for the land described in
subparagraphs (A) and (B) of paragraph (2), the Secretary of
the Interior shall offer the land for sale to the qualified
bidder.
(B) Postponement; exclusion from sale.--
(i) Request by carson city for postponement or exclusion.--
At the request of the City, the Secretary shall postpone or
exclude from the sale under subparagraph (A) all or a portion
of the land described in subparagraphs (A) and (B) of
paragraph (2).
(ii) Indefinite postponement.--Unless specifically
requested by the City, a postponement under clause (i) shall
not be indefinite.
(e) Disposition of Proceeds.--
(1) In general.--Of the proceeds from the sale of land
under subsections (b)(4)(D)(ii) and (d)(1)--
(A) 5 percent shall be paid directly to the State for use
in the general education program of the State; and
(B) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``Carson City Special Account'', and shall be available
without further appropriation to the Secretary until expended
to--
(i) reimburse costs incurred by the Bureau of Land
Management for preparing for the sale of the Federal land
described in subsection (d)(2), including the costs of--
(I) surveys and appraisals; and
(II) compliance with--
(aa) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(bb) sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713);
(ii) reimburse costs incurred by the Bureau of Land
Management and Forest Service for preparing for, and carrying
out, the transfers of land to be held in trust by the United
States under subsection (h)(1); and
(iii) acquire environmentally sensitive land or an interest
in environmentally sensitive land in the City.
(2) Silver saddle endowment account.--
(A) Establishment.--There is established in the Treasury of
the United States a special account, to be known as the
``Silver Saddle Endowment Account'', consisting of such
amounts as are deposited under subsection (b)(3)(A).
(B) Availability of amounts.--Amounts deposited in the
account established by paragraph (1) shall be available to
the Secretary, without further appropriation, for the
oversight and enforcement of the conservation easement
established under subsection (b)(3)(B).
(f) Urban Interface.--
(1) In general.--Except as otherwise provided in this
section and subject to valid existing rights, the Federal
land described in paragraph (2) is permanently withdrawn
from--
(A) all forms of entry and appropriation under the public
land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal leasing laws,
and mineral material laws.
(2) Description of land.--The land referred to in paragraph
(1) consists of approximately 19,747 acres, which is
identified on the Map as ``Urban Interface Withdrawal''.
(3) Incorporation of acquired land and interests.--Any land
or interest in land within the boundaries of the land
described in paragraph (2) that is acquired by the United
States after the date of enactment of this Act shall be
withdrawn in accordance with this subsection.
(4) Off-highway vehicle management.--Until the date on
which the Secretary, in consultation with the State, the
City, and any other interested persons, completes a
transportation plan for Federal land in the City, the use of
motorized and mechanical vehicles on Federal land within the
City shall be limited to roads and trails in existence on the
date of enactment of this Act unless the use of the vehicles
is needed--
(A) for administrative purposes; or
(B) to respond to an emergency.
(g) Availability of Funds.--Section 4(e) of the Southern
Nevada Public Land Management Act of 1998 (Public Law 105-
263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118
Stat. 2414; 120 Stat. 3045) is amended--
(1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln,
and White Pine Counties and Washoe County (subject to
paragraph 4))'' and inserting ``Clark, Lincoln, and White
Pine Counties and Washoe County (subject to paragraph 4)) and
Carson City (subject to paragraph (5))'';
(2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln,
and White Pine Counties'' and inserting ``Clark, Lincoln, and
White Pine Counties and Carson City (subject to paragraph
(5))'';
(3) in paragraph (4), by striking ``2011'' and inserting
``2015''; and
(4) by adding at the end the following:
``(5) Limitation for carson city.--Carson City shall be
eligible to nominate for expenditure amounts to acquire land
or an interest in land for parks or natural areas and for
conservation initiatives--
``(A) adjacent to the Carson River; or
``(B) within the floodplain of the Carson River.''.
(h) Transfer of Land To Be Held in Trust for Washoe
Tribe.--
(1) In general.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in paragraph (2)--
(A) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(B) shall be part of the reservation of the Tribe.
(2) Description of land.--The land referred to in paragraph
(1) consists of approximately 293 acres, which is identified
on the Map as ``To Washoe Tribe''.
(3) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
complete a survey of the boundary lines to establish the
boundaries of the land taken into trust under paragraph (1).
(4) Use of land.--
(A) Gaming.--Land taken into trust under paragraph (1)
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)).
(B) Trust land for ceremonial use and conservation.--With
respect to the use of the land taken into trust under
paragraph (1) that is above the 5,200' elevation contour, the
Tribe--
(i) shall limit the use of the land to--
(I) traditional and customary uses; and
(II) stewardship conservation for the benefit of the Tribe;
and
(ii) shall not permit any--
(I) permanent residential or recreational development on
the land; or
(II) commercial use of the land, including commercial
development or gaming.
(C) Trust land for commercial and residential use.--With
respect to the use of the land taken into trust under
paragraph (1), the Tribe shall limit the use of the land
below the 5,200' elevation to--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the Tribe;
and
(iii)(I) residential or recreational development; or
(II) commercial use.
(D) Thinning; landscape restoration.--With respect to the
land taken into trust under paragraph (1), the Secretary of
Agriculture, in consultation and coordination with the Tribe,
may carry out any thinning and other landscape restoration
activities on the land that is beneficial to the Tribe and
the Forest Service.
(i) Correction of Skunk Harbor Conveyance.--
(1) Purpose.--The purpose of this subsection is to amend
Public Law 108-67 (117 Stat. 880) to make a technical
correction relating to the land conveyance authorized under
that Act.
(2) Technical correction.--Section 2 of Public Law 108-67
(117 Stat. 880) is amended--
(A) by striking ``Subject to'' and inserting the following:
``(a) In General.--Subject to'';
(B) in subsection (a) (as designated by paragraph (1)), by
striking ``the parcel'' and all that follows through the
period at the end and inserting the following: ``and to
approximately 23 acres of land identified as `Parcel A' on
the map entitled `Skunk Harbor Conveyance Correction' and
dated September 12, 2008, the western boundary of which is
the low water line of Lake Tahoe at elevation 6,223.0' (Lake
Tahoe Datum).''; and
(C) by adding at the end the following:
[[Page 6971]]
``(b) Survey and Legal Description.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary of Agriculture
shall complete a survey and legal description of the boundary
lines to establish the boundaries of the trust land.
``(2) Technical corrections.--The Secretary may correct any
technical errors in the survey or legal description completed
under paragraph (1).
``(c) Public Access and Use.--Nothing in this Act prohibits
any approved general public access (through existing
easements or by boat) to, or use of, land remaining within
the Lake Tahoe Basin Management Unit after the conveyance of
the land to the Secretary of the Interior, in trust for the
Tribe, under subsection (a), including access to, and use of,
the beach and shoreline areas adjacent to the portion of land
conveyed under that subsection.''.
(3) Date of trust status.--The trust land described in
section 2(a) of Public Law 108-67 (117 Stat. 880) shall be
considered to be taken into trust as of August 1, 2003.
(4) Transfer.--The Secretary of the Interior, acting on
behalf of and for the benefit of the Tribe, shall transfer to
the Secretary of Agriculture administrative jurisdiction over
the land identified as ``Parcel B'' on the map entitled
``Skunk Harbor Conveyance Correction'' and dated September
12, 2008.
(j) Agreement With Forest Service.--The Secretary of
Agriculture, in consultation with the Tribe, shall develop
and implement a cooperative agreement that ensures regular
access by members of the Tribe and other people in the
community of the Tribe across National Forest System land
from the City to Lake Tahoe for cultural and religious
purposes.
(k) Artifact Collection.--
(1) Notice.--At least 180 days before conducting any ground
disturbing activities on the land identified as ``Parcel #2''
on the Map, the City shall notify the Tribe of the proposed
activities to provide the Tribe with adequate time to
inventory and collect any artifacts in the affected area.
(2) Authorized activities.--On receipt of notice under
paragraph (1), the Tribe may collect and possess any
artifacts relating to the Tribe in the land identified as
``Parcel #2'' on the Map.
(l) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA
CONVEYANCE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Henderson,
Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Nevada.
(4) Transition area.--The term ``Transition Area'' means
the approximately 502 acres of Federal land located in
Henderson, Nevada, and identified as ``Limited Transition
Area'' on the map entitled ``Southern Nevada Limited
Transition Area Act'' and dated March 20, 2006.
(b) Southern Nevada Limited Transition Area.--
(1) Conveyance.--Notwithstanding the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), on
request of the City, the Secretary shall, without
consideration and subject to all valid existing rights,
convey to the City all right, title, and interest of the
United States in and to the Transition Area.
(2) Use of land for nonresidential development.--
(A) In general.--After the conveyance to the City under
paragraph (1), the City may sell, lease, or otherwise convey
any portion or portions of the Transition Area for purposes
of nonresidential development.
(B) Method of sale.--
(i) In general.--The sale, lease, or conveyance of land
under subparagraph (A) shall be through a competitive bidding
process.
(ii) Fair market value.--Any land sold, leased, or
otherwise conveyed under subparagraph (A) shall be for not
less than fair market value.
(C) Compliance with charter.--Except as provided in
subparagraphs (B) and (D), the City may sell, lease, or
otherwise convey parcels within the Transition Area only in
accordance with the procedures for conveyances established in
the City Charter.
(D) Disposition of proceeds.--The gross proceeds from the
sale of land under subparagraph (A) shall be distributed in
accordance with section 4(e) of the Southern Nevada Public
Land Management Act of 1998 (112 Stat. 2345).
(3) Use of land for recreation or other public purposes.--
The City may elect to retain parcels in the Transition Area
for public recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.) by providing to the Secretary written notice of the
election.
(4) Noise compatibility requirements.--The City shall--
(A) plan and manage the Transition Area in accordance with
section 47504 of title 49, United States Code (relating to
airport noise compatibility planning), and regulations
promulgated in accordance with that section; and
(B) agree that if any land in the Transition Area is sold,
leased, or otherwise conveyed by the City, the sale, lease,
or conveyance shall contain a limitation to require uses
compatible with that airport noise compatibility planning.
(5) Reversion.--
(A) In general.--If any parcel of land in the Transition
Area is not conveyed for nonresidential development under
this section or reserved for recreation or other public
purposes under paragraph (3) by the date that is 20 years
after the date of enactment of this Act, the parcel of land
shall, at the discretion of the Secretary, revert to the
United States.
(B) Inconsistent use.--If the City uses any parcel of land
within the Transition Area in a manner that is inconsistent
with the uses specified in this subsection--
(i) at the discretion of the Secretary, the parcel shall
revert to the United States; or
(ii) if the Secretary does not make an election under
clause (i), the City shall sell the parcel of land in
accordance with this subsection.
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Alta-hualapai site.--The term ``Alta-Hualapai Site''
means the approximately 80 acres of land that is--
(A) patented to the City under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.); and
(B) identified on the map as the ``Alta-Hualapai Site''.
(2) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(3) Institute.--The term ``Institute'' means the Nevada
Cancer Institute, a nonprofit organization described under
section 501(c)(3) of the Internal Revenue Code of 1986, the
principal place of business of which is at 10441 West Twain
Avenue, Las Vegas, Nevada.
(4) Map.--The term ``map'' means the map titled ``Nevada
Cancer Institute Expansion Act'' and dated July 17, 2006.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) Water district.--The term ``Water District'' means the
Las Vegas Valley Water District.
(b) Land Conveyance.--
(1) Survey and legal description.--The City shall prepare a
survey and legal description of the Alta-Hualapai Site. The
survey shall conform to the Bureau of Land Management
cadastral survey standards and be subject to approval by the
Secretary.
(2) Acceptance.--The Secretary may accept the
relinquishment by the City of all or part of the Alta-
Hualapai Site.
(3) Conveyance for use as nonprofit cancer institute.--
After relinquishment of all or part of the Alta-Hualapai Site
to the Secretary, and not later than 180 days after request
of the Institute, the Secretary shall convey to the
Institute, subject to valid existing rights, the portion of
the Alta-Hualapai Site that is necessary for the development
of a nonprofit cancer institute.
(4) Additional conveyances.--Not later than 180 days after
a request from the City, the Secretary shall convey to the
City, subject to valid existing rights, any remaining portion
of the Alta-Hualapai Site necessary for ancillary medical or
nonprofit use compatible with the mission of the Institute.
(5) Applicable law.--Any conveyance by the City of any
portion of the land received under this section shall be for
no less than fair market value and the proceeds shall be
distributed in accordance with section 4(e)(1) of Public Law
105-263 (112 Stat. 2345).
(6) Transaction costs.--All land conveyed by the Secretary
under this section shall be at no cost, except that the
Secretary may require the recipient to bear any costs
associated with transfer of title or any necessary land
surveys.
(7) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on all transactions
conducted under Public Law 105-263 (112 Stat. 2345).
(c) Rights-of-Way.--Consistent with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), the Secretary
may grant rights-of-way to the Water District on a portion of
the Alta-Hualapai Site for a flood control project and a
water pumping facility.
(d) Reversion.--Any property conveyed pursuant to this
section which ceases to be used for the purposes specified in
this section shall, at the discretion of the Secretary,
revert to the United States, along with any improvements
thereon or thereto.
SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 25 acres of Bureau of Land Management land
identified on the map as ``Lands to be conveyed to Turnabout
Ranch''.
(2) Map.--The term ``map'' means the map entitled
``Turnabout Ranch Conveyance''
[[Page 6972]]
dated May 12, 2006, and on file in the office of the Director
of the Bureau of Land Management.
(3) Monument.--The term ``Monument'' means the Grand
Staircase-Escalante National Monument located in southern
Utah.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Turnabout ranch.--The term ``Turnabout Ranch'' means
the Turnabout Ranch in Escalante, Utah, owned by Aspen
Education Group.
(b) Conveyance of Federal Land to Turnabout Ranch.--
(1) In general.--Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), if
not later than 30 days after completion of the appraisal
required under paragraph (2), Turnabout Ranch of Escalante,
Utah, submits to the Secretary an offer to acquire the
Federal land for the appraised value, the Secretary shall,
not later than 30 days after the date of the offer, convey to
Turnabout Ranch all right, title, and interest to the Federal
land, subject to valid existing rights.
(2) Appraisal.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall complete an
appraisal of the Federal land. The appraisal shall be
completed in accordance with the ``Uniform Appraisal
Standards for Federal Land Acquisitions'' and the ``Uniform
Standards of Professional Appraisal Practice''. All costs
associated with the appraisal shall be born by Turnabout
Ranch.
(3) Payment of consideration.--Not later than 30 days after
the date on which the Federal land is conveyed under
paragraph (1), as a condition of the conveyance, Turnabout
Ranch shall pay to the Secretary an amount equal to the
appraised value of the Federal land, as determined under
paragraph (2).
(4) Costs of conveyance.--As a condition of the conveyance,
any costs of the conveyance under this section shall be paid
by Turnabout Ranch.
(5) Disposition of proceeds.--The Secretary shall deposit
the proceeds from the conveyance of the Federal land under
paragraph (1) in the Federal Land Deposit Account established
by section 206 of the Federal Land Transaction Facilitation
Act(43 U.S.C. 2305), to be expended in accordance with that
Act.
(c) Modification of Monument Boundary.--When the conveyance
authorized by subsection (b) is completed, the boundaries of
the Grand Staircase-Escalante National Monument in the State
of Utah are hereby modified to exclude the Federal land
conveyed to Turnabout Ranch.
SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.
(a) Definitions.--In this section:
(1) Boy scouts.--The term ``Boy Scouts'' means the Utah
National Parks Council of the Boy Scouts of America.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Boy Scouts of America Land Exchange.--
(1) Authority to convey.--
(A) In general.--Subject to paragraph (3) and
notwithstanding the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.), the Boy Scouts may convey to Brian Head Resort,
subject to valid existing rights and, except as provided in
subparagraph (B), any rights reserved by the United States,
all right, title, and interest granted to the Boy Scouts by
the original patent to the parcel described in paragraph
(2)(A) in exchange for the conveyance by Brian Head Resort to
the Boy Scouts of all right, title, and interest in and to
the parcels described in paragraph (2)(B).
(B) Reversionary interest.--On conveyance of the parcel of
land described in paragraph (2)(A), the Secretary shall have
discretion with respect to whether or not the reversionary
interests of the United States are to be exercised.
(2) Description of land.--The parcels of land referred to
in paragraph (1) are--
(A) the 120-acre parcel that is part of a tract of public
land acquired by the Boy Scouts under the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.) for the purpose of operating a
camp, which is more particularly described as the W 1/2 SE 1/
4 and SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake
Base and Meridian; and
(B) the 2 parcels of private land owned by Brian Head
Resort that total 120 acres, which are more particularly
described as--
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, T. 35 S., R. 9
W., Salt Lake Base and Meridian; and
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt Lake
Base Meridian.
(3) Conditions.--On conveyance to the Boy Scouts under
paragraph (1)(A), the parcels of land described in paragraph
(2)(B) shall be subject to the terms and conditions imposed
on the entire tract of land acquired by the Boy Scouts for a
camp under the Bureau of Land Management patent numbered 43-
75-0010.
(4) Modification of patent.--On completion of the exchange
under paragraph (1)(A), the Secretary shall amend the
original Bureau of Land Management patent providing for the
conveyance to the Boy Scouts under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.) numbered 43-75-0010 to take
into account the exchange under paragraph (1)(A).
SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Public land.--The term ``public land'' means the
approximately 622 acres of Federal land managed by the Bureau
of Land Management and identified for conveyance on the map
prepared by the Bureau of Land Management entitled ``Douglas
County Public Utility District Proposal'' and dated March 2,
2006.
(2) PUD.--The term ``PUD'' means the Public Utility
District No. 1 of Douglas County, Washington.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Wells hydroelectric project.--The term ``Wells
Hydroelectric Project'' means Federal Energy Regulatory
Commission Project No. 2149.
(b) Conveyance of Public Land, Wells Hydroelectric Project,
Public Utility District No. 1 of Douglas County,
Washington.--
(1) Conveyance required.--Notwithstanding the land use
planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), and notwithstanding section 24 of the Federal Power
Act (16 U.S.C. 818) and Federal Power Order for Project 2149,
and subject to valid existing rights, if not later than 45
days after the date of completion of the appraisal required
under paragraph (2), the Public Utility District No. 1 of
Douglas County, Washington, submits to the Secretary an offer
to acquire the public land for the appraised value, the
Secretary shall convey, not later than 30 days after the date
of the offer, to the PUD all right, title, and interest of
the United States in and to the public land.
(2) Appraisal.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall complete an
appraisal of the public land. The appraisal shall be
conducted in accordance with the ``Uniform Appraisal
Standards for Federal Land Acquisitions'' and the ``Uniform
Standards of Professional Appraisal Practice''.
(3) Payment.--Not later than 30 days after the date on
which the public land is conveyed under this subsection, the
PUD shall pay to the Secretary an amount equal to the
appraised value of the public land as determined under
paragraph (2).
(4) Map and legal descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the public land to be conveyed
under this subsection. The Secretary may correct any minor
errors in the map referred to in subsection (a)(1) or in the
legal descriptions. The map and legal descriptions shall be
on file and available for public inspection in appropriate
offices of the Bureau of Land Management.
(5) Costs of conveyance.--As a condition of conveyance, any
costs related to the conveyance under this subsection shall
be paid by the PUD.
(6) Disposition of proceeds.--The Secretary shall deposit
the proceeds from the sale in the Federal Land Disposal
Account established by section 206 of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305) to be expended
to improve access to public lands administered by the Bureau
of Land Management in the State of Washington.
(c) Segregation of Lands.--
(1) Withdrawal.--Except as provided in subsection (b)(1),
effective immediately upon enactment of this Act, and subject
to valid existing rights, the public land is withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws, and all amendments thereto;
(B) location, entry, and patenting under the mining laws,
and all amendments thereto; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws, and all amendments thereto.
(2) Duration.--This subsection expires two years after the
date of enactment of this Act or on the date of the
completion of the conveyance under subsection (b), whichever
is earlier.
(d) Retained Authority.--The Secretary shall retain the
authority to place conditions on the license to insure
adequate protection and utilization of the public land
granted to the Secretary in section 4(e) of the Federal Power
Act (16 U.S.C. 797(e)) until the Federal Energy Regulatory
Commission has issued a new license for the Wells
Hydroelectric Project, to replace the original license
expiring May 31, 2012, consistent with section 15 of the
Federal Power Act (16 U.S.C. 808).
SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.
(a) Conveyance.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
convey to the city of Twin Falls, Idaho, subject to valid
existing rights, without consideration, all right, title, and
interest of the
[[Page 6973]]
United States in and to the 4 parcels of land described in
subsection (b).
(b) Land Description.--The 4 parcels of land to be conveyed
under subsection (a) are the approximately 165 acres of land
in Twin Falls County, Idaho, that are identified as ``Land to
be conveyed to Twin Falls'' on the map titled ``Twin Falls
Land Conveyance'' and dated July 28, 2008.
(c) Map on File.--A map depicting the land described in
subsection (b) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Use of Conveyed Lands.--
(1) Purpose.--The land conveyed under this section shall be
used to support the public purposes of the Auger Falls
Project, including a limited agricultural exemption to allow
for water quality and wildlife habitat improvements.
(2) Restriction.--The land conveyed under this section
shall not be used for residential or commercial purposes,
except for the limited agricultural exemption described in
paragraph (1).
(3) Additional terms and conditions.--The Secretary of the
Interior may require such additional terms and conditions in
connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
(e) Reversion.--If the land conveyed under this section is
no longer used in accordance with subsection (d)--
(1) the land shall, at the discretion of the Secretary
based on his determination of the best interests of the
United States, revert to the United States; and
(2) if the Secretary chooses to have the land revert to the
United States and if the Secretary determines that the land
is environmentally contaminated, the city of Twin Falls,
Idaho, or any other person responsible for the contamination
shall remediate the contamination.
(f) Administrative Costs.--The Secretary shall require that
the city of Twin Falls, Idaho, pay all survey costs and other
administrative costs necessary for the preparation and
completion of any patents of and transfer of title to
property under this section.
SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE,
NEVADA.
(a) Finding.--Congress finds that the land described in
subsection (c) has been adequately studied for wilderness
designation under section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(b) Release.--The land described in subsection (c)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202 of that
Act (43 U.S.C. 1712); and
(B) cooperative conservation agreements in existence on the
date of the enactment of this Act.
(c) Description of Land.--The land referred to in
subsections (a) and (b) is the approximately 70 acres of land
in the Sunrise Mountain Instant Study Area of Clark County,
Nevada, that is designated on the map entitled ``Sunrise
Mountain ISA Release Areas'' and dated September 6, 2008.
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.
(a) Conveyance of Land by the Bureau of Land Management to
Park City, Utah.--
(1) Land transfer.--Notwithstanding the planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary of the Interior shall convey, not later than 180
days after the date of the enactment of this Act, to Park
City, Utah, all right, title, and interest of the United
States in and to two parcels of real property located in Park
City, Utah, that are currently under the management
jurisdiction of the Bureau of Land Management and designated
as parcel 8 (commonly known as the White Acre parcel) and
parcel 16 (commonly known as the Gambel Oak parcel). The
conveyance shall be subject to all valid existing rights.
(2) Deed restriction.--The conveyance of the lands under
paragraph (1) shall be made by a deed or deeds containing a
restriction requiring that the lands be maintained as open
space and used solely for public recreation purposes or other
purposes consistent with their maintenance as open space.
This restriction shall not be interpreted to prohibit the
construction or maintenance of recreational facilities,
utilities, or other structures that are consistent with the
maintenance of the lands as open space or its use for public
recreation purposes.
(3) Consideration.--In consideration for the transfer of
the land under paragraph (1), Park City shall pay to the
Secretary of the Interior an amount consistent with
conveyances to governmental entities for recreational
purposes under the Act of June 14, 1926 (commonly known as
the Recreation and Public Purposes Act; 43 U.S.C. 869 et
seq.).
(b) Sale of Bureau of Land Management Land in Park City,
Utah, at Auction.--
(1) Sale of land.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Interior
shall offer for sale any right, title, or interest of the
United States in and to two parcels of real property located
in Park City, Utah, that are currently under the management
jurisdiction of the Bureau of Land Management and are
designated as parcels 17 and 18 in the Park City, Utah, area.
The sale of the land shall be carried out in accordance with
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701) and other applicable law, other than the planning
provisions of sections 202 and 203 of such Act (43 U.S.C.
1712, 1713), and shall be subject to all valid existing
rights.
(2) Method of sale.--The sale of the land under paragraph
(1) shall be consistent with subsections (d) and (f) of
section 203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1713) through a competitive bidding process
and for not less than fair market value.
(c) Disposition of Land Sales Proceeds.--All proceeds
derived from the sale of land described in this section shall
be deposited in the Federal Land Disposal Account established
by section 206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a)).
SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS
IN RENO, NEVADA.
(a) Railroad Lands Defined.--For the purposes of this
section, the term ``railroad lands'' means those lands within
the City of Reno, Nevada, located within portions of sections
10, 11, and 12 of T.19 N., R. 19 E., and portions of section
7 of T.19 N., R. 20 E., Mount Diablo Meridian, Nevada, that
were originally granted to the Union Pacific Railroad under
the provisions of the Act of July 1, 1862, commonly known as
the Union Pacific Railroad Act.
(b) Release of Reversionary Interest.--Any reversionary
interests of the United States (including interests under the
Act of July 1, 1862, commonly known as the Union Pacific
Railroad Act) in and to the railroad lands as defined in
subsection (a) of this section are hereby released.
SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE
RANCHERIA.
(a) In General.--
(1) Federal lands.--Subject to valid existing rights, all
right, title, and interest (including improvements and
appurtenances) of the United States in and to the Federal
lands described in subsection (b), the Federal lands shall be
declared to be held in trust by the United States for the
benefit of the Tribe for nongaming purposes, and shall be
subject to the same terms and conditions as those lands
described in the California Indian Land Transfer Act (Public
Law 106-568; 114 Stat. 2921).
(2) Trust lands.--Lands described in subsection (c) of this
section that are taken or to be taken in trust by the United
States for the benefit of the Tribe shall be subject to
subsection (c) of section 903 of the California Indian Land
Transfer Act (Public Law 106-568; 114 Stat. 2921).
(b) Federal Lands Described.--The Federal lands described
in this subsection, comprising approximately 66 acres, are as
follows:
(1) Township 1 North, Range 16 East, Section 6, Lots 10 and
12, MDM, containing 50.24 acres more or less.
(2) Township 1 North, Range 16 East, Section 5, Lot 16,
MDM, containing 15.35 acres more or less.
(3) Township 2 North, Range 16 East, Section 32, Indian
Cemetery Reservation within Lot 22, MDM, containing 0.4 acres
more or less.
(c) Trust Lands Described.--The trust lands described in
this subsection, comprising approximately 357 acres, are
commonly referred to as follows:
(1) Thomas property, pending trust acquisition, 104.50
acres.
(2) Coenenburg property, pending trust acquisition, 192.70
acres, subject to existing easements of record, including but
not limited to a non-exclusive easement for ingress and
egress for the benefit of adjoining property as conveyed by
Easement Deed recorded July 13, 1984, in Volume 755, Pages
189 to 192, and as further defined by Stipulation and
Judgment entered by Tuolumne County Superior Court on
September 2, 1983, and recorded June 4, 1984, in Volume 751,
Pages 61 to 67.
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
trust land.
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
(d) Survey.--As soon as practicable after the date of the
enactment of this Act, the Office of Cadastral Survey of the
Bureau of Land Management shall complete fieldwork required
for a survey of the lands described in subsections (b) and
(c) for the purpose of incorporating those lands within the
boundaries of the Tuolumne Rancheria. Not later than 90 days
after that fieldwork is completed, that office shall complete
the survey.
(e) Legal Descriptions.--
(1) Publication.--On approval by the Community Council of
the Tribe of the survey
[[Page 6974]]
completed under subsection (d), the Secretary of the Interior
shall publish in the Federal Register--
(A) a legal description of the new boundary lines of the
Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of
those boundary lines of the Tuolumne Rancheria and the lands
surveyed.
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note;
Public Law 105-277), is amended--
(1) in subsection (a), by striking ``each of fiscal years
2006 through 2011'' and inserting ``fiscal year 2006 and each
fiscal year thereafter'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Applicable Law.--Chapter 63 of title 31, United
States Code, shall not apply to--
``(1) a watershed restoration and enhancement agreement
entered into under this section; or
``(2) an agreement entered into under the first section of
Public Law 94-148 (16 U.S.C. 565a-1).''.
Subtitle B--Wildland Firefighter Safety
SEC. 3101. WILDLAND FIREFIGHTER SAFETY.
(a) Definitions.--In this section:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior, acting through the
Directors of the Bureau of Land Management, the United States
Fish and Wildlife Service, the National Park Service, and the
Bureau of Indian Affairs; and
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(2) Wildland firefighter.--The term ``wildland
firefighter'' means any person who participates in wildland
firefighting activities--
(A) under the direction of either of the Secretaries; or
(B) under a contract or compact with a federally recognized
Indian tribe.
(b) Annual Report to Congress.--
(1) In general.--The Secretaries shall jointly submit to
Congress an annual report on the wildland firefighter safety
practices of the Secretaries, including training programs and
activities for wildland fire suppression, prescribed burning,
and wildland fire use, during the preceding calendar year.
(2) Timeline.--Each report under paragraph (1) shall--
(A) be submitted by not later than March of the year
following the calendar year covered by the report; and
(B) include--
(i) a description of, and any changes to, wildland
firefighter safety practices, including training programs and
activities for wildland fire suppression, prescribed burning,
and wildland fire use;
(ii) statistics and trend analyses;
(iii) an estimate of the amount of Federal funds expended
by the Secretaries on wildland firefighter safety practices,
including training programs and activities for wildland fire
suppression, prescribed burning, and wildland fire use;
(iv) progress made in implementing recommendations from the
Inspector General, the Government Accountability Office, the
Occupational Safety and Health Administration, or an agency
report relating to a wildland firefighting fatality issued
during the preceding 10 years; and
(v) a description of--
(I) the provisions relating to wildland firefighter safety
practices in any Federal contract or other agreement
governing the provision of wildland firefighters by a non-
Federal entity;
(II) a summary of any actions taken by the Secretaries to
ensure that the provisions relating to safety practices,
including training, are complied with by the non-Federal
entity; and
(III) the results of those actions.
Subtitle C--Wyoming Range
SEC. 3201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Wyoming range withdrawal area.--The term ``Wyoming
Range Withdrawal Area'' means all National Forest System land
and federally owned minerals located within the boundaries of
the Bridger-Teton National Forest identified on the map
entitled ``Wyoming Range Withdrawal Area'' and dated October
17, 2007, on file with the Office of the Chief of the Forest
Service and the Office of the Supervisor of the Bridger-Teton
National Forest.
SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.
(a) Withdrawal.--Except as provided in subsection (f),
subject to valid existing rights as of the date of enactment
of this Act and the provisions of this subtitle, land in the
Wyoming Range Withdrawal Area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
(b) Existing Rights.--If any right referred to in
subsection (a) is relinquished or otherwise acquired by the
United States (including through donation under section 3203)
after the date of enactment of this Act, the land subject to
that right shall be withdrawn in accordance with this
section.
(c) Buffers.--Nothing in this section requires--
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the Wyoming Range Withdrawal Area;
or
(2) any prohibition on activities outside of the boundaries
of the Wyoming Range Withdrawal Area that can be seen or
heard from within the boundaries of the Wyoming Range
Withdrawal Area.
(d) Land and Resource Management Plan.--
(1) In general.--Subject to paragraph (2), the Bridger-
Teton National Land and Resource Management Plan (including
any revisions to the Plan) shall apply to any land within the
Wyoming Range Withdrawal Area.
(2) Conflicts.--If there is a conflict between this
subtitle and the Bridger-Teton National Land and Resource
Management Plan, this subtitle shall apply.
(e) Prior Lease Sales.--Nothing in this section prohibits
the Secretary from taking any action necessary to issue,
deny, remove the suspension of, or cancel a lease, or any
sold lease parcel that has not been issued, pursuant to any
lease sale conducted prior to the date of enactment of this
Act, including the completion of any requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(f) Exception.--Notwithstanding the withdrawal in
subsection (a), the Secretary may lease oil and gas resources
in the Wyoming Range Withdrawal Area that are within 1 mile
of the boundary of the Wyoming Range Withdrawal Area in
accordance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.) and subject to the following conditions:
(1) The lease may only be accessed by directional drilling
from a lease held by production on the date of enactment of
this Act on National Forest System land that is adjacent to,
and outside of, the Wyoming Range Withdrawal Area.
(2) The lease shall prohibit, without exception or waiver,
surface occupancy and surface disturbance for any activities,
including activities related to exploration, development, or
production.
(3) The directional drilling may extend no further than 1
mile inside the boundary of the Wyoming Range Withdrawal
Area.
SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING
MINING OR LEASING RIGHTS IN THE WYOMING RANGE.
(a) Notification of Leaseholders.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
provide notice to holders of valid existing mining or leasing
rights within the Wyoming Range Withdrawal Area of the
potential opportunity for repurchase of those rights and
retirement under this section.
(b) Request for Lease Retirement.--
(1) In general.--A holder of a valid existing mining or
leasing right within the Wyoming Range Withdrawal Area may
submit a written notice to the Secretary of the interest of
the holder in the retirement and repurchase of that right.
(2) List of interested holders.--The Secretary shall
prepare a list of interested holders and make the list
available to any non-Federal entity or person interested in
acquiring that right for retirement by the Secretary.
(c) Prohibition.--The Secretary may not use any Federal
funds to purchase any right referred to in subsection (a).
(d) Donation Authority.--The Secretary shall--
(1) accept the donation of any valid existing mining or
leasing right in the Wyoming Range Withdrawal Area from the
holder of that right or from any non-Federal entity or person
that acquires that right; and
(2) on acceptance, cancel that right.
(e) Relationship to Other Authority.--Nothing in this
subtitle affects any authority the Secretary may otherwise
have to modify, suspend, or terminate a lease without
compensation, or to recognize the transfer of a valid
existing mining or leasing right, if otherwise authorized by
law.
Subtitle D--Land Conveyances and Exchanges
SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the city of Coffman
Cove, Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance.--
(1) In general.--Subject to valid existing rights, the
Secretary shall convey to the City, without consideration and
by quitclaim
[[Page 6975]]
deed all right, title, and interest of the United States,
except as provided in paragraphs (3) and (4), in and to the
parcel of National Forest System land described in paragraph
(2).
(2) Description of land.--
(A) In general.--The parcel of National Forest System land
referred to in paragraph (1) is the approximately 12 acres of
land identified in U.S. Survey 10099, as depicted on the plat
entitled ``Subdivision of U.S. Survey No. 10099'' and
recorded as Plat 2003-1 on January 21, 2003, Petersburg
Recording District, Alaska.
(B) Excluded land.--The parcel of National Forest System
land conveyed under paragraph (1) does not include the
portion of U.S. Survey 10099 that is north of the right-of-
way for Forest Development Road 3030-295 and southeast of
Tract CC-8.
(3) Right-of-way.--The United States may reserve a right-
of-way to provide access to the National Forest System land
excluded from the conveyance to the City under paragraph
(2)(B).
(4) Reversion.--If any portion of the land conveyed under
paragraph (1) (other than a portion of land sold under
paragraph (5)) ceases to be used for public purposes, the
land shall, at the option of the Secretary, revert to the
United States.
(5) Conditions on subsequent conveyances.--If the City
sells any portion of the land conveyed to the City under
paragraph (1)--
(A) the amount of consideration for the sale shall reflect
fair market value, as determined by an appraisal; and
(B) the City shall pay to the Secretary an amount equal to
the gross proceeds of the sale, which shall be available,
without further appropriation, for the Tongass National
Forest.
SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND
CONVEYANCE, MONTANA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Jefferson County,
Montana.
(2) Map.--The term ``map'' means the map that is--
(A) entitled ``Elkhorn Cemetery'';
(B) dated May 9, 2005; and
(C) on file in the office of the Beaverhead-Deerlodge
National Forest Supervisor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Conveyance to Jefferson County, Montana.--
(1) Conveyance.--Not later than 180 days after the date of
enactment of this Act and subject to valid existing rights,
the Secretary (acting through the Regional Forester, Northern
Region, Missoula, Montana) shall convey by quitclaim deed to
the County for no consideration, all right, title, and
interest of the United States, except as provided in
paragraph (5), in and to the parcel of land described in
paragraph (2).
(2) Description of land.--The parcel of land referred to in
paragraph (1) is the parcel of approximately 9.67 acres of
National Forest System land (including any improvements to
the land) in the County that is known as the ``Elkhorn
Cemetery'', as generally depicted on the map.
(3) Use of land.--As a condition of the conveyance under
paragraph (1), the County shall--
(A) use the land described in paragraph (2) as a County
cemetery; and
(B) agree to manage the cemetery with due consideration and
protection for the historic and cultural values of the
cemetery, under such terms and conditions as are agreed to by
the Secretary and the County.
(4) Easement.--In conveying the land to the County under
paragraph (1), the Secretary, in accordance with applicable
law, shall grant to the County an easement across certain
National Forest System land, as generally depicted on the
map, to provide access to the land conveyed under that
paragraph.
(5) Reversion.--In the quitclaim deed to the County, the
Secretary shall provide that the land conveyed to the County
under paragraph (1) shall revert to the Secretary, at the
election of the Secretary, if the land is--
(A) used for a purpose other than the purposes described in
paragraph (3)(A); or
(B) managed by the County in a manner that is inconsistent
with paragraph (3)(B).
SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL
HISTORICAL PARK LAND EXCHANGE.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 160 acres of Federal land within the Santa Fe
National Forest in the State, as depicted on the map.
(2) Landowner.--The term ``landowner'' means the 1 or more
owners of the non-Federal land.
(3) Map.--The term ``map'' means the map entitled
``Proposed Land Exchange for Pecos National Historical
Park'', numbered 430/80,054, dated November 19, 1999, and
revised September 18, 2000.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 154 acres of non-Federal land in the Park,
as depicted on the map.
(5) Park.--The term ``Park'' means the Pecos National
Historical Park in the State.
(6) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(7) State.--The term ``State'' means the State of New
Mexico.
(b) Land Exchange.--
(1) In general.--If the Secretary of the Interior accepts
the non-Federal land, title to which is acceptable to the
Secretary of the Interior, the Secretary of Agriculture
shall, subject to the conditions of this section and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), convey to the landowner the Federal land.
(2) Easement.--
(A) In general.--As a condition of the conveyance of the
non-Federal land, the landowner may reserve an easement
(including an easement for service access) for water
pipelines to 2 well sites located in the Park, as generally
depicted on the map.
(B) Route.--The Secretary of the Interior and the landowner
shall determine the appropriate route of the easement through
the non-Federal land.
(C) Terms and conditions.--The easement shall include such
terms and conditions relating to the use of, and access to,
the well sites and pipeline, as the Secretary of the Interior
and the landowner determine to be appropriate.
(D) Applicable law.--The easement shall be established,
operated, and maintained in compliance with applicable
Federal, State, and local laws.
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and non-
Federal land--
(i) shall be equal, as determined by appraisals conducted
in accordance with subparagraph (B); or
(ii) if the value is not equal, shall be equalized in
accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--The Federal land and non-Federal land
shall be appraised by an independent appraiser selected by
the Secretaries.
(ii) Requirements.--An appraisal conducted under clause (i)
shall be conducted in accordance with--
(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.
(iii) Approval.--The appraisals conducted under this
subparagraph shall be submitted to the Secretaries for
approval.
(C) Equalization of values.--
(i) In general.--If the values of the non-Federal land and
the Federal land are not equal, the values may be equalized
in accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(ii) Cash equalization payments.--Any amounts received by
the Secretary of Agriculture as a cash equalization payment
under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)) shall--
(I) be deposited in the fund established by Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a);
and
(II) be available for expenditure, without further
appropriation, for the acquisition of land and interests in
land in the State.
(4) Costs.--Before the completion of the exchange under
this subsection, the Secretaries and the landowner shall
enter into an agreement that allocates the costs of the
exchange among the Secretaries and the landowner.
(5) Applicable law.--Except as otherwise provided in this
section, the exchange of land and interests in land under
this section shall be in accordance with--
(A) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
(B) other applicable Federal, State, and local laws.
(6) Additional terms and conditions.--The Secretaries may
require, in addition to any requirements under this section,
such terms and conditions relating to the exchange of Federal
land and non-Federal land and the granting of easements under
this section as the Secretaries determine to be appropriate
to protect the interests of the United States.
(7) Completion of the exchange.--
(A) In general.--The exchange of Federal land and non-
Federal land shall be completed not later than 180 days after
the later of--
(i) the date on which the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
have been met;
(ii) the date on which the Secretary of the Interior
approves the appraisals under paragraph (3)(B)(iii); or
(iii) the date on which the Secretaries and the landowner
agree on the costs of the exchange and any other terms and
conditions of the exchange under this subsection.
(B) Notice.--The Secretaries shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives notice
of the completion of the exchange of Federal land and non-
Federal land under this subsection.
(c) Administration.--
(1) In general.--The Secretary of the Interior shall
administer the non-Federal land acquired under this section
in accordance
[[Page 6976]]
with the laws generally applicable to units of the National
Park System, including the Act of August 25, 1916 (commonly
known as the ``National Park Service Organic Act'') (16
U.S.C. 1 et seq.).
(2) Maps.--
(A) In general.--The map shall be on file and available for
public inspection in the appropriate offices of the
Secretaries.
(B) Transmittal of revised map to congress.--Not later than
180 days after completion of the exchange, the Secretaries
shall transmit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives a revised map that depicts--
(i) the Federal land and non-Federal land exchanged under
this section; and
(ii) the easement described in subsection (b)(2).
SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW
MEXICO.
(a) Definitions.--In this section:
(1) Claim.--The term ``Claim'' means a claim of the
Claimants to any right, title, or interest in any land
located in lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico
Principal Meridian, San Miguel County, New Mexico, except as
provided in subsection (b)(1).
(2) Claimants.--The term ``Claimants'' means Ramona Lawson
and Boyd Lawson.
(3) Federal land.--The term ``Federal land'' means a parcel
of National Forest System land in the Santa Fe National
Forest, New Mexico, that is--
(A) comprised of approximately 6.20 acres of land; and
(B) described and delineated in the survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Forest Service Regional
Forester, Southwestern Region.
(5) Survey.--The term ``survey'' means the survey plat
entitled ``Boundary Survey and Conservation Easement Plat'',
prepared by Chris A. Chavez, Land Surveyor, Forest Service,
NMPLS#12793, and recorded on February 27, 2007, at book 55,
page 93, of the land records of San Miguel County, New
Mexico.
(b) Santa Fe National Forest Land Conveyance.--
(1) In general.--The Secretary shall, except as provided in
subparagraph (A) and subject to valid existing rights, convey
and quitclaim to the Claimants all right, title, and interest
of the United States in and to the Federal land in exchange
for--
(A) the grant by the Claimants to the United States of a
scenic easement to the Federal land that--
(i) protects the purposes for which the Federal land was
designated under the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.); and
(ii) is determined to be acceptable by the Secretary; and
(B) a release of the United States by the Claimants of--
(i) the Claim; and
(ii) any additional related claims of the Claimants against
the United States.
(2) Survey.--The Secretary, with the approval of the
Claimants, may make minor corrections to the survey and legal
description of the Federal land to correct clerical,
typographical, and surveying errors.
(3) Satisfaction of claim.--The conveyance of Federal land
under paragraph (1) shall constitute a full satisfaction of
the Claim.
SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Conveyance Required.--The Secretary of Agriculture
shall convey, without consideration, to the King and Kittitas
Counties Fire District #51 of King and Kittitas Counties,
Washington (in this section referred to as the ``District''),
all right, title, and interest of the United States in and to
a parcel of National Forest System land in Kittitas County,
Washington, consisting of approximately 1.5 acres within the
SW\1/4\ of the SE\1/4\ of section 4, township 22 north, range
11 east, Willamette meridian, for the purpose of permitting
the District to use the parcel as a site for a new Snoqualmie
Pass fire and rescue station.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title,
and interest in and to the property shall revert, at the
option of the Secretary, to the United States, and the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(c) Survey.--If necessary, the exact acreage and legal
description of the lands to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the
Secretary. The cost of a survey shall be borne by the
District.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.
Notwithstanding Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a), the approximately 36.25 acres
patented to the Mammoth County Water District (now known as
the ``Mammoth Community Water District'') by Patent No. 04-
87-0038, on June 26, 1987, and recorded in volume 482, at
page 516, of the official records of the Recorder's Office,
Mono County, California, may be used for any public purpose.
SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST,
UTAH.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Bountiful,
Utah.
(2) Federal land.--The term ``Federal land'' means the land
under the jurisdiction of the Secretary identified on the map
as ``Shooting Range Special Use Permit Area''.
(3) Map.--The term ``map'' means the map entitled
``Bountiful City Land Consolidation Act'' and dated October
15, 2007.
(4) Non-federal land.--The term ``non-Federal land'' means
the 3 parcels of City land comprising a total of
approximately 1,680 acres, as generally depicted on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Exchange.--Subject to subsections (d) through (h), if
the City conveys to the Secretary all right, title, and
interest of the City in and to the non-Federal land, the
Secretary shall convey to the City all right, title, and
interest of the United States in and to the Federal land.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(d) Valuation and Equalization.--
(1) Valuation.--The value of the Federal land and the non-
Federal land to be conveyed under subsection (b)--
(A) shall be equal, as determined by appraisals carried out
in accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716); or
(B) if not equal, shall be equalized in accordance with
paragraph (2).
(2) Equalization.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(A) making a cash equalization payment to the Secretary or
to the City, as appropriate; or
(B) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(e) Applicable Law.--Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to
the land exchange authorized under subsection (b), except
that the Secretary may accept a cash equalization payment in
excess of 25 percent of the value of the Federal land.
(f) Conditions.--
(1) Liability.--
(A) In general.--As a condition of the exchange under
subsection (b), the Secretary shall--
(i) require that the City--
(I) assume all liability for the shooting range located on
the Federal land, including the past, present, and future
condition of the Federal land; and
(II) hold the United States harmless for any liability for
the condition of the Federal land; and
(ii) comply with the hazardous substances disclosure
requirements of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
(B) Limitation.--Clauses (ii) and (iii) of section
120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9620(h)(3)(A))
shall not apply to the conveyance of Federal land under
subsection (b).
(2) Additional terms and conditions.--The land exchange
under subsection (b) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary
may require.
(g) Management of Acquired Land.--The non-Federal land
acquired by the Secretary under subsection (b) shall be--
(1) added to, and administered as part of, the Wasatch-
Cache National Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to the
National Forest System.
(h) Easements; Rights-of-Way.--
(1) Bonneville shoreline trail easement.--In carrying out
the land exchange under subsection (b), the Secretary shall
ensure that an easement not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail.
(2) Other rights-of-way.--The Secretary and the City may
reserve any other rights-of-way for utilities, roads, and
trails that--
(A) are mutually agreed to by the Secretary and the City;
and
(B) the Secretary and the City consider to be in the public
interest.
(i) Disposal of Remaining Federal Land.--
(1) In general.--The Secretary may, by sale or exchange,
dispose of all, or a portion of, the parcel of National
Forest System land comprising approximately 220 acres, as
generally depicted on the map that remains
[[Page 6977]]
after the conveyance of the Federal land authorized under
subsection (b), if the Secretary determines, in accordance
with paragraph (2), that the land or portion of the land is
in excess of the needs of the National Forest System.
(2) Requirements.--A determination under paragraph (1)
shall be made--
(A) pursuant to an amendment of the land and resource
management plan for the Wasatch-Cache National Forest; and
(B) after carrying out a public process consistent with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Consideration.--As consideration for any conveyance of
Federal land under paragraph (1), the Secretary shall require
payment of an amount equal to not less than the fair market
value of the conveyed National Forest System land.
(4) Relation to other laws.--Any conveyance of Federal land
under paragraph (1) by exchange shall be subject to section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(5) Disposition of proceeds.--Any amounts received by the
Secretary as consideration under subsection (d) or paragraph
(3) shall be--
(A) deposited in 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, without further
appropriation and until expended, for the acquisition of land
or interests in land to be included in the Wasatch-Cache
National Forest.
(6) Additional terms and conditions.--Any conveyance of
Federal land under paragraph (1) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary
may require.
SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO
RETURN WILDERNESS.
(a) Purposes.--The purposes of this section are--
(1) to adjust the boundaries of the wilderness area; and
(2) to authorize the Secretary to sell the land designated
for removal from the wilderness area due to encroachment.
(b) Definitions.--In this section:
(1) Land designated for exclusion.--The term ``land
designated for exclusion'' means the parcel of land that is--
(A) comprised of approximately 10.2 acres of land;
(B) generally depicted on the survey plat entitled
``Proposed Boundary Change FCRONRW Sections 15 (unsurveyed)
Township 14 North, Range 13 East, B.M., Custer County,
Idaho'' and dated November 14, 2001; and
(C) more particularly described in the survey plat and
legal description on file in--
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the office of the Intermountain Regional Forester,
Ogden, Utah.
(2) Land designated for inclusion.--The term ``land
designated for inclusion'' means the parcel of National
Forest System land that is--
(A) comprised of approximately 10.2 acres of land;
(B) located in unsurveyed section 22, T. 14 N., R. 13 E.,
Boise Meridian, Custer County, Idaho;
(C) generally depicted on the map entitled ``Challis
National Forest, T.14 N., R. 13 E., B.M., Custer County,
Idaho, Proposed Boundary Change FCRONRW'' and dated September
19, 2007; and
(D) more particularly described on the map and legal
description on file in--
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the Intermountain Regional Forester, Ogden, Utah.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Wilderness area.--The term ``wilderness area'' means
the Frank Church River of No Return Wilderness designated by
section 3 of the Central Idaho Wilderness Act of 1980 (16
U.S.C. 1132 note; 94 Stat. 948).
(c) Boundary Adjustment.--
(1) Adjustment to wilderness area.--
(A) Inclusion.--The wilderness area shall include the land
designated for inclusion.
(B) Exclusion.--The wilderness area shall not include the
land designated for exclusion.
(2) Corrections to legal descriptions.--The Secretary may
make corrections to the legal descriptions.
(d) Conveyance of Land Designated for Exclusion.--
(1) In general.--Subject to paragraph (2), to resolve the
encroachment on the land designated for exclusion, the
Secretary may sell for consideration in an amount equal to
fair market value--
(A) the land designated for exclusion; and
(B) as the Secretary determines to be necessary, not more
than 10 acres of land adjacent to the land designated for
exclusion.
(2) Conditions.--The sale of land under paragraph (1) shall
be subject to the conditions that--
(A) the land to be conveyed be appraised in accordance with
the Uniform Appraisal Standards for Federal Land
Acquisitions;
(B) the person buying the land shall pay--
(i) the costs associated with appraising and, if the land
needs to be resurveyed, resurveying the land; and
(ii) any analyses and closing costs associated with the
conveyance;
(C) for management purposes, the Secretary may reconfigure
the description of the land for sale; and
(D) the owner of the adjacent private land shall have the
first opportunity to buy the land.
(3) Disposition of proceeds.--
(A) In general.--The Secretary shall deposit the cash
proceeds from a sale of land under paragraph (1) in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(B) Availability and use.--Amounts deposited under
subparagraph (A)--
(i) shall remain available until expended for the
acquisition of land for National Forest purposes in the State
of Idaho; and
(ii) shall not be subject to transfer or reprogramming
for--
(I) wildland fire management; or
(II) any other emergency purposes.
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.
Section 413(b) of the T'uf Shur Bien Preservation Trust
Area Act (16 U.S.C. 539m-11) is amended--
(1) in paragraph (1), by inserting ``3,'' after
``sections''; and
(2) in the first sentence of paragraph (4), by inserting
``, as a condition of the conveyance,'' before ``remain''.
Subtitle E--Colorado Northern Front Range Study
SEC. 3401. PURPOSE.
The purpose of this subtitle is to identify options that
may be available to assist in maintaining the open space
characteristics of land that is part of the mountain backdrop
of communities in the northern section of the Front Range
area of Colorado.
SEC. 3402. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(2) State.--The term ``State'' means the State of Colorado.
(3) Study area.--
(A) In general.--The term ``study area'' means the land in
southern Boulder, northern Jefferson, and northern Gilpin
Counties, Colorado, that is located west of Colorado State
Highway 93, south and east of Colorado State Highway 119, and
north of Colorado State Highway 46, as generally depicted on
the map entitled ``Colorado Northern Front Range Mountain
Backdrop Protection Study Act: Study Area'' and dated August
27, 2008.
(B) Exclusions.--The term ``study area'' does not include
land within the city limits of the cities of Arvada, Boulder,
or Golden, Colorado.
(4) Undeveloped land.--The term ``undeveloped land'' means
land--
(A) that is located within the study area;
(B) that is free or primarily free of structures; and
(C) the development of which is likely to affect adversely
the scenic, wildlife, or recreational value of the study
area.
SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP
STUDY.
(a) Study; Report.--Not later than 1 year after the date of
enactment of this Act and except as provided in subsection
(c), the Secretary shall--
(1) conduct a study of the land within the study area; and
(2) complete a report that--
(A) identifies the present ownership of the land within the
study area;
(B) identifies any undeveloped land that may be at risk of
development; and
(C) describes any actions that could be taken by the United
States, the State, a political subdivision of the State, or
any other parties to preserve the open and undeveloped
character of the land within the study area.
(b) Requirements.--The Secretary shall conduct the study
and develop the report under subsection (a) with the support
and participation of 1 or more of the following State and
local entities:
(1) The Colorado Department of Natural Resources.
(2) Colorado State Forest Service.
(3) Colorado State Conservation Board.
(4) Great Outdoors Colorado.
(5) Boulder, Jefferson, and Gilpin Counties, Colorado.
(c) Limitation.--If the State and local entities specified
in subsection (b) do not support and participate in the
conduct of the study and the development of the report under
this section, the Secretary may--
(1) decrease the area covered by the study area, as
appropriate; or
(2)(A) opt not to conduct the study or develop the report;
and
(B) submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives notice of the decision not to
conduct the study or develop the report.
(d) Effect.--Nothing in this subtitle authorizes the
Secretary to take any action that would affect the use of any
land not owned by the United States.
[[Page 6978]]
TITLE IV--FOREST LANDSCAPE RESTORATION
SEC. 4001. PURPOSE.
The purpose of this title is to encourage the
collaborative, science-based ecosystem restoration of
priority forest landscapes through a process that--
(1) encourages ecological, economic, and social
sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and
reducing the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which--
(A) various ecological restoration techniques--
(i) achieve ecological and watershed health objectives; and
(ii) affect wildfire activity and management costs; and
(B) the use of forest restoration byproducts can offset
treatment costs while benefitting local rural economies and
improving forest health.
SEC. 4002. DEFINITIONS.
In this title:
(1) Fund.--The term ``Fund'' means the Collaborative Forest
Landscape Restoration Fund established by section 4003(f).
(2) Program.--The term ``program'' means the Collaborative
Forest Landscape Restoration Program established under
section 4003(a).
(3) Proposal.--The term ``proposal'' means a collaborative
forest landscape restoration proposal described in section
4003(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(5) Strategy.--The term ``strategy'' means a landscape
restoration strategy described in section 4003(b)(1).
SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION
PROGRAM.
(a) In General.--The Secretary, in consultation with the
Secretary of the Interior, shall establish a Collaborative
Forest Landscape Restoration Program to select and fund
ecological restoration treatments for priority forest
landscapes in accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination
under subsection (c), a collaborative forest landscape
restoration proposal shall--
(1) be based on a landscape restoration strategy that--
(A) is complete or substantially complete;
(B) identifies and prioritizes ecological restoration
treatments for a 10-year period within a landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested National Forest System
land, but may also include land under the jurisdiction of the
Bureau of Land Management, land under the jurisdiction of the
Bureau of Indian Affairs, or other Federal, State, tribal, or
private land;
(iii) in need of active ecosystem restoration; and
(iv) accessible by existing or proposed wood-processing
infrastructure at an appropriate scale to use woody biomass
and small-diameter wood removed in ecological restoration
treatments;
(C) incorporates the best available science and scientific
application tools in ecological restoration strategies;
(D) fully maintains, or contributes toward the restoration
of, the structure and composition of old growth stands
according to the pre-fire suppression old growth conditions
characteristic of the forest type, taking into account the
contribution of the stand to landscape fire adaptation and
watershed health and retaining the large trees contributing
to old growth structure;
(E) would carry out any forest restoration treatments that
reduce hazardous fuels by--
(i) focusing on small diameter trees, thinning, strategic
fuel breaks, and fire use to modify fire behavior, as
measured by the projected reduction of uncharacteristically
severe wildfire effects for the forest type (such as adverse
soil impacts, tree mortality or other impacts); and
(ii) maximizing the retention of large trees, as
appropriate for the forest type, to the extent that the trees
promote fire-resilient stands; and
(F)(i) does not include the establishment of permanent
roads; and
(ii) would commit funding to decommission all temporary
roads constructed to carry out the strategy;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons representing
diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
Public Law 106-393 (16 U.S.C. 500 note);
(3) describe plans to--
(A) reduce the risk of uncharacteristic wildfire, including
through the use of fire for ecological restoration and
maintenance and reestablishing natural fire regimes, where
appropriate;
(B) improve fish and wildlife habitat, including for
endangered, threatened, and sensitive species;
(C) maintain or improve water quality and watershed
function;
(D) prevent, remediate, or control invasions of exotic
species;
(E) maintain, decommission, and rehabilitate roads and
trails;
(F) use woody biomass and small-diameter trees produced
from projects implementing the strategy;
(G) report annually on performance, including through
performance measures from the plan entitled the ``10 Year
Comprehensive Strategy Implementation Plan'' and dated
December 2006; and
(H) take into account any applicable community wildfire
protection plan;
(4) analyze any anticipated cost savings, including those
resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of implementing ecological
restoration treatments over time;
(5) estimate--
(A) the annual Federal funding necessary to implement the
proposal; and
(B) the amount of new non-Federal investment for carrying
out the proposal that would be leveraged;
(6) describe the collaborative process through which the
proposal was developed, including a description of--
(A) participation by or consultation with State, local, and
Tribal governments; and
(B) any established record of successful collaborative
planning and implementation of ecological restoration
projects on National Forest System land and other land
included in the proposal by the collaborators; and
(7) benefit local economies by providing local employment
or training opportunities through contracts, grants, or
agreements for restoration planning, design, implementation,
or monitoring with--
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships,
with State, local, and non-profit youth groups;
(C) existing or proposed small or micro-businesses,
clusters, or incubators; or
(D) other entities that will hire or train local people to
complete such contracts, grants, or agreements; and
(8) be subject to any other requirements that the
Secretary, in consultation with the Secretary of the
Interior, determines to be necessary for the efficient and
effective administration of the program.
(c) Nomination Process.--
(1) Submission.--A proposal shall be submitted to--
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the Secretary of
the Interior are proposed, the appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs; or
(iii) other official of the Department of the Interior.
(2) Nomination.--
(A) In general.--A Regional Forester may nominate for
selection by the Secretary any proposals that meet the
eligibility criteria established by subsection (b).
(B) Concurrence.--Any proposal nominated by the Regional
Forester that proposes actions under the jurisdiction of the
Secretary of the Interior shall include the concurrence of
the appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs; or
(iii) other official of the Department of the Interior.
(3) Documentation.--With respect to each proposal that is
nominated under paragraph (2)--
(A) the appropriate Regional Forester shall--
(i) include a plan to use Federal funds allocated to the
region to fund those costs of planning and carrying out
ecological restoration treatments on National Forest System
land, consistent with the strategy, that would not be covered
by amounts transferred to the Secretary from the Fund; and
(ii) provide evidence that amounts proposed to be
transferred to the Secretary from the Fund during the first 2
fiscal years following selection would be used to carry out
ecological restoration treatments consistent with the
strategy during the same fiscal year in which the funds are
transferred to the Secretary;
(B) if actions under the jurisdiction of the Secretary of
the Interior are proposed, the nomination shall include a
plan to fund such actions, consistent with the strategy, by
the appropriate--
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian Affairs; or
(iii) other official of the Department of the Interior; and
(C) if actions on land not under the jurisdiction of the
Secretary or the Secretary of the Interior are proposed, the
appropriate Regional Forester shall provide evidence
[[Page 6979]]
that the landowner intends to participate in, and provide
appropriate funding to carry out, the actions.
(d) Selection Process.--
(1) In general.--After consulting with the advisory panel
established under subsection (e), the Secretary, in
consultation with the Secretary of the Interior, shall,
subject to paragraph (2), select the best proposals that--
(A) have been nominated under subsection (c)(2); and
(B) meet the eligibility criteria established by subsection
(b).
(2) Criteria.--In selecting proposals under paragraph (1),
the Secretary shall give special consideration to--
(A) the strength of the proposal and strategy;
(B) the strength of the ecological case of the proposal and
the proposed ecological restoration strategies;
(C) the strength of the collaborative process and the
likelihood of successful collaboration throughout
implementation;
(D) whether the proposal is likely to achieve reductions in
long-term wildfire management costs;
(E) whether the proposal would reduce the relative costs of
carrying out ecological restoration treatments as a result of
the use of woody biomass and small-diameter trees; and
(F) whether an appropriate level of non-Federal investment
would be leveraged in carrying out the proposal.
(3) Limitation.--The Secretary may select not more than--
(A) 10 proposals to be funded during any fiscal year;
(B) 2 proposals in any 1 region of the National Forest
System to be funded during any fiscal year; and
(C) the number of proposals that the Secretary determines
are likely to receive adequate funding.
(e) Advisory Panel.--
(1) In general.--The Secretary shall establish and maintain
an advisory panel comprised of not more than 15 members to
evaluate, and provide recommendations on, each proposal that
has been nominated under subsection (c)(2).
(2) Representation.--The Secretary shall ensure that the
membership of the advisory panel is fairly balanced in terms
of the points of view represented and the functions to be
performed by the advisory panel.
(3) Inclusion.--The advisory panel shall include experts in
ecological restoration, fire ecology, fire management, rural
economic development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and woody biomass
and small-diameter tree utilization.
(f) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Collaborative
Forest Landscape Restoration Fund'', to be used to pay up to
50 percent of the cost of carrying out and monitoring
ecological restoration treatments on National Forest System
land for each proposal selected to be carried out under
subsection (d).
(2) Inclusion.--The cost of carrying out ecological
restoration treatments as provided in paragraph (1) may, as
the Secretary determines to be appropriate, include
cancellation and termination costs required to be obligated
for contracts to carry out ecological restoration treatments
on National Forest System land for each proposal selected to
be carried out under subsection (d).
(3) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (6).
(4) Expenditures from fund.--
(A) In general.--On request by the Secretary, the Secretary
of the Treasury shall transfer from the Fund to the Secretary
such amounts as the Secretary determines are appropriate, in
accordance with paragraph (1).
(B) Limitation.--The Secretary shall not expend money from
the Fund on any 1 proposal--
(i) during a period of more than 10 fiscal years; or
(ii) in excess of $4,000,000 in any 1 fiscal year.
(5) Accounting and reporting system.--The Secretary shall
establish an accounting and reporting system for the Fund.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $40,000,000 for each of fiscal
years 2009 through 2019, to remain available until expended.
(g) Program Implementation and Monitoring.--
(1) Work plan.--Not later than 180 days after the date on
which a proposal is selected to be carried out, the Secretary
shall create, in collaboration with the interested persons,
an implementation work plan and budget to implement the
proposal that includes--
(A) a description of the manner in which the proposal would
be implemented to achieve ecological and community economic
benefit, including capacity building to accomplish
restoration;
(B) a business plan that addresses--
(i) the anticipated unit treatment cost reductions over 10
years;
(ii) the anticipated costs for infrastructure needed for
the proposal;
(iii) the projected sustainability of the supply of woody
biomass and small-diameter trees removed in ecological
restoration treatments; and
(iv) the projected local economic benefits of the proposal;
(C) documentation of the non-Federal investment in the
priority landscape, including the sources and uses of the
investments; and
(D) a plan to decommission any temporary roads established
to carry out the proposal.
(2) Project implementation.--Amounts transferred to the
Secretary from the Fund shall be used to carry out ecological
restoration treatments that are--
(A) consistent with the proposal and strategy; and
(B) identified through the collaborative process described
in subsection (b)(2).
(3) Annual report.--The Secretary, in collaboration with
the Secretary of the Interior and interested persons, shall
prepare an annual report on the accomplishments of each
selected proposal that includes--
(A) a description of all acres (or other appropriate unit)
treated and restored through projects implementing the
strategy;
(B) an evaluation of progress, including performance
measures and how prior year evaluations have contributed to
improved project performance;
(C) a description of community benefits achieved, including
any local economic benefits;
(D) the results of the multiparty monitoring, evaluation,
and accountability process under paragraph (4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management activities.
(4) Multiparty monitoring.--The Secretary shall, in
collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring, evaluation,
and accountability process to assess the positive or negative
ecological, social, and economic effects of projects
implementing a selected proposal for not less than 15 years
after project implementation commences.
(h) Report.--Not later than 5 years after the first fiscal
year in which funding is made available to carry out
ecological restoration projects under the program, and every
5 years thereafter, the Secretary, in consultation with the
Secretary of the Interior, shall submit a report on the
program, including an assessment of whether, and to what
extent, the program is fulfilling the purposes of this title,
to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
and the Secretary of the Interior such sums as are necessary
to carry out this title.
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
SEC. 5001. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1852) is amended by adding at
the end the following:
``(205) Fossil creek, arizona.--Approximately 16.8 miles of
Fossil Creek from the confluence of Sand Rock and Calf Pen
Canyons to the confluence with the Verde River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The approximately 2.7-mile segment from the
confluence of Sand Rock and Calf Pen Canyons to the point
where the segment exits the Fossil Spring Wilderness, as a
wild river.
``(B) The approximately 7.5-mile segment from where the
segment exits the Fossil Creek Wilderness to the boundary of
the Mazatzal Wilderness, as a recreational river.
``(C) The 6.6-mile segment from the boundary of the
Mazatzal Wilderness downstream to the confluence with the
Verde River, as a wild river.''.
SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.
(a) Short Title.--This section may be cited as the ``Craig
Thomas Snake Headwaters Legacy Act of 2008''.
(b) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) the headwaters of the Snake River System in northwest
Wyoming feature some of the cleanest sources of freshwater,
healthiest native trout fisheries, and most intact rivers and
streams in the lower 48 States;
(B) the rivers and streams of the headwaters of the Snake
River System--
(i) provide unparalleled fishing, hunting, boating, and
other recreational activities for--
(I) local residents; and
(II) millions of visitors from around the world; and
(ii) are national treasures;
(C) each year, recreational activities on the rivers and
streams of the headwaters of the Snake River System generate
millions of dollars for the economies of--
(i) Teton County, Wyoming; and
[[Page 6980]]
(ii) Lincoln County, Wyoming;
(D) to ensure that future generations of citizens of the
United States enjoy the benefits of the rivers and streams of
the headwaters of the Snake River System, Congress should
apply the protections provided by the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.) to those rivers and streams; and
(E) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to
the citizens of the United States the importance of
maintaining the outstanding and remarkable qualities of the
Snake River System while--
(i) preserving public access to those rivers and streams;
(ii) respecting private property rights (including existing
water rights); and
(iii) continuing to allow historic uses of the rivers and
streams.
(2) Purposes.--The purposes of this section are--
(A) to protect for current and future generations of
citizens of the United States the outstandingly remarkable
scenic, natural, wildlife, fishery, recreational, scientific,
historic, and ecological values of the rivers and streams of
the headwaters of the Snake River System, while continuing to
deliver water and operate and maintain valuable irrigation
water infrastructure; and
(B) to designate approximately 387.7 miles of the rivers
and streams of the headwaters of the Snake River System as
additions to the National Wild and Scenic Rivers System.
(c) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through the Chief
of the Forest Service), with respect to each river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) that is not located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge; and
(B) the Secretary of the Interior, with respect to each
river segment described in paragraph (205) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added
by subsection (d)) that is located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge.
(2) State.--The term ``State'' means the State of Wyoming.
(d) Wild and Scenic River Designations, Snake River
Headwaters, Wyoming.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5001)
is amended by adding at the end the following:
``(206) Snake river headwaters, wyoming.--The following
segments of the Snake River System, in the State of Wyoming:
``(A) Bailey creek.--The 7-mile segment of Bailey Creek,
from the divide with the Little Greys River north to its
confluence with the Snake River, as a wild river.
``(B) Blackrock creek.--The 22-mile segment from its source
to the Bridger-Teton National Forest boundary, as a scenic
river.
``(C) Buffalo fork of the snake river.--The portions of the
Buffalo Fork of the Snake River, consisting of--
``(i) the 55-mile segment consisting of the North Fork, the
Soda Fork, and the South Fork, upstream from Turpin Meadows,
as a wild river;
``(ii) the 14-mile segment from Turpin Meadows to the
upstream boundary of Grand Teton National Park, as a scenic
river; and
``(iii) the 7.7-mile segment from the upstream boundary of
Grand Teton National Park to its confluence with the Snake
River, as a scenic river.
``(D) Crystal creek.--The portions of Crystal Creek,
consisting of--
``(i) the 14-mile segment from its source to the Gros
Ventre Wilderness boundary, as a wild river; and
``(ii) the 5-mile segment from the Gros Ventre Wilderness
boundary to its confluence with the Gros Ventre River, as a
scenic river.
``(E) Granite creek.--The portions of Granite Creek,
consisting of--
``(i) the 12-mile segment from its source to the end of
Granite Creek Road, as a wild river; and
``(ii) the 9.5-mile segment from Granite Hot Springs to the
point 1 mile upstream from its confluence with the Hoback
River, as a scenic river.
``(F) Gros ventre river.--The portions of the Gros Ventre
River, consisting of--
``(i) the 16.5-mile segment from its source to Darwin
Ranch, as a wild river;
``(ii) the 39-mile segment from Darwin Ranch to the
upstream boundary of Grand Teton National Park, excluding the
section along Lower Slide Lake, as a scenic river; and
``(iii) the 3.3-mile segment flowing across the southern
boundary of Grand Teton National Park to the Highlands Drive
Loop Bridge, as a scenic river.
``(G) Hoback river.--The 10-mile segment from the point 10
miles upstream from its confluence with the Snake River to
its confluence with the Snake River, as a recreational river.
``(H) Lewis river.--The portions of the Lewis River,
consisting of--
``(i) the 5-mile segment from Shoshone Lake to Lewis Lake,
as a wild river; and
``(ii) the 12-mile segment from the outlet of Lewis Lake to
its confluence with the Snake River, as a scenic river.
``(I) Pacific creek.--The portions of Pacific Creek,
consisting of--
``(i) the 22.5-mile segment from its source to the Teton
Wilderness boundary, as a wild river; and
``(ii) the 11-mile segment from the Wilderness boundary to
its confluence with the Snake River, as a scenic river.
``(J) Shoal creek.--The 8-mile segment from its source to
the point 8 miles downstream from its source, as a wild
river.
``(K) Snake river.--The portions of the Snake River,
consisting of--
``(i) the 47-mile segment from its source to Jackson Lake,
as a wild river;
``(ii) the 24.8-mile segment from 1 mile downstream of
Jackson Lake Dam to 1 mile downstream of the Teton Park Road
bridge at Moose, Wyoming, as a scenic river; and
``(iii) the 19-mile segment from the mouth of the Hoback
River to the point 1 mile upstream from the Highway 89 bridge
at Alpine Junction, as a recreational river, the boundary of
the western edge of the corridor for the portion of the
segment extending from the point 3.3 miles downstream of the
mouth of the Hoback River to the point 4 miles downstream of
the mouth of the Hoback River being the ordinary high water
mark.
``(L) Willow creek.--The 16.2-mile segment from the point
16.2 miles upstream from its confluence with the Hoback River
to its confluence with the Hoback River, as a wild river.
``(M) Wolf creek.--The 7-mile segment from its source to
its confluence with the Snake River, as a wild river.''.
(e) Management.--
(1) In general.--Each river segment described in paragraph
(205) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by subsection (d)) shall be managed
by the Secretary concerned.
(2) Management plan.--
(A) In general.--In accordance with subparagraph (A), not
later than 3 years after the date of enactment of this Act,
the Secretary concerned shall develop a management plan for
each river segment described in paragraph (205) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (d)) that is located in an area under
the jurisdiction of the Secretary concerned.
(B) Required component.--Each management plan developed by
the Secretary concerned under subparagraph (A) shall contain,
with respect to the river segment that is the subject of the
plan, a section that contains an analysis and description of
the availability and compatibility of future development with
the wild and scenic character of the river segment (with
particular emphasis on each river segment that contains 1 or
more parcels of private land).
(3) Quantification of water rights reserved by river
segments.--
(A) The Secretary concerned shall apply for the
quantification of the water rights reserved by each river
segment designated by this section in accordance with the
procedural requirements of the laws of the State of Wyoming.
(B) For the purpose of the quantification of water rights
under this subsection, with respect to each Wild and Scenic
River segment designated by this section--
(i) the purposes for which the segments are designated, as
set forth in this section, are declared to be beneficial
uses; and
(ii) the priority date of such right shall be the date of
enactment of this Act.
(4) Stream gauges.--Consistent with the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry
out activities at United States Geological Survey stream
gauges that are located on the Snake River (including
tributaries of the Snake River), including flow measurements
and operation, maintenance, and replacement.
(5) Consent of property owner.--No property or interest in
property located within the boundaries of any river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) may be acquired by the Secretary without the consent of
the owner of the property or interest in property.
(6) Effect of designations.--
(A) In general.--Nothing in this section affects valid
existing rights, including--
(i) all interstate water compacts in existence on the date
of enactment of this Act (including full development of any
apportionment made in accordance with the compacts);
(ii) water rights in the States of Idaho and Wyoming; and
(iii) water rights held by the United States.
(B) Jackson lake; jackson lake dam.--Nothing in this
section shall affect the management and operation of Jackson
Lake or Jackson Lake Dam, including the storage, management,
and release of water.
[[Page 6981]]
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as amended by section
5002(d)) is amended by adding at the end the following:
``(206) Taunton river, massachusetts.--The main stem of the
Taunton River from its headwaters at the confluence of the
Town and Matfield Rivers in the Town of Bridgewater
downstream 40 miles to the confluence with the Quequechan
River at the Route 195 Bridge in the City of Fall River, to
be administered by the Secretary of the Interior in
cooperation with the Taunton River Stewardship Council as
follows:
``(A) The 18-mile segment from the confluence of the Town
and Matfield Rivers to Route 24 in the Town of Raynham, as a
scenic river.
``(B) The 5-mile segment from Route 24 to 0.5 miles below
Weir Bridge in the City of Taunton, as a recreational river.
``(C) The 8-mile segment from 0.5 miles below Weir Bridge
to Muddy Cove in the Town of Dighton, as a scenic river.
``(D) The 9-mile segment from Muddy Cove to the confluence
with the Quequechan River at the Route 195 Bridge in the City
of Fall River, as a recreational river.''.
(b) Management of Taunton River, Massachusetts.--
(1) Taunton river stewardship plan.--
(A) In general.--Each river segment designated by section
3(a)(206) of the Wild and Scenic Rivers Act (as added by
subsection (a)) shall be managed in accordance with the
Taunton River Stewardship Plan, dated July 2005 (including
any amendment to the Taunton River Stewardship Plan that the
Secretary of the Interior (referred to in this subsection as
the ``Secretary'') determines to be consistent with this
section).
(B) Effect.--The Taunton River Stewardship Plan described
in subparagraph (A) shall be considered to satisfy each
requirement relating to the comprehensive management plan
required under section 3(d) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(d)).
(2) Cooperative agreements.--To provide for the long-term
protection, preservation, and enhancement of each river
segment designated by section 3(a)(206) of the Wild and
Scenic Rivers Act (as added by subsection (a)), pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter
into cooperative agreements (which may include provisions for
financial and other assistance) with--
(A) the Commonwealth of Massachusetts (including political
subdivisions of the Commonwealth of Massachusetts);
(B) the Taunton River Stewardship Council; and
(C) any appropriate nonprofit organization, as determined
by the Secretary.
(3) Relation to national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), each river segment designated by section 3(a)(206)
of the Wild and Scenic Rivers Act (as added by subsection
(a)) shall not be--
(A) administered as a unit of the National Park System; or
(B) subject to the laws (including regulations) that govern
the administration of the National Park System.
(4) Land management.--
(A) Zoning ordinances.--The zoning ordinances adopted by
the Towns of Bridgewater, Halifax, Middleborough, Raynham,
Berkley, Dighton, Freetown, and Somerset, and the Cities of
Taunton and Fall River, Massachusetts (including any
provision of the zoning ordinances relating to the
conservation of floodplains, wetlands, and watercourses
associated with any river segment designated by section
3(a)(206) of the Wild and Scenic Rivers Act (as added by
subsection (a))), shall be considered to satisfy each
standard and requirement described in section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(B) Villages.--For the purpose of section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), each town
described in subparagraph (A) shall be considered to be a
village.
(C) Acquisition of land.--
(i) Limitation of authority of secretary.--With respect to
each river segment designated by section 3(a)(206) of the
Wild and Scenic Rivers Act (as added by subsection (a)), the
Secretary may only acquire parcels of land--
(I) by donation; or
(II) with the consent of the owner of the parcel of land.
(ii) Prohibition relating to acquisition of land by
condemnation.--In accordance with section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to
each river segment designated by section 3(a)(206) of the
Wild and Scenic Rivers Act (as added by subsection (a)), the
Secretary may not acquire any parcel of land by condemnation.
Subtitle B--Wild and Scenic Rivers Studies
SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.
(a) Designation for Study.--Section 5(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at
the end the following:
``(140) Missisquoi and trout rivers, vermont.--The
approximately 25-mile segment of the upper Missisquoi from
its headwaters in Lowell to the Canadian border in North
Troy, the approximately 25-mile segment from the Canadian
border in East Richford to Enosburg Falls, and the
approximately 20-mile segment of the Trout River from its
headwaters to its confluence with the Missisquoi River.''.
(b) Study and Report.--Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the
end the following:
``(19) Missisquoi and trout rivers, vermont.--Not later
than 3 years after the date on which funds are made available
to carry out this paragraph, the Secretary of the Interior
shall--
``(A) complete the study of the Missisquoi and Trout
Rivers, Vermont, described in subsection (a)(140); and
``(B) submit a report describing the results of that study
to the appropriate committees of Congress.''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
Subtitle C--Additions to the National Trails System
SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following:
``(27) Arizona national scenic trail.--
``(A) In general.--The Arizona National Scenic Trail,
extending approximately 807 miles across the State of Arizona
from the U.S.-Mexico international border to the Arizona-Utah
border, as generally depicted on the map entitled `Arizona
National Scenic Trail' and dated December 5, 2007, to be
administered by the Secretary of Agriculture, in consultation
with the Secretary of the Interior and appropriate State,
tribal, and local governmental agencies.
``(B) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Forest Service.''.
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.
(a) Authorization and Administration.--Section 5(a) of the
National Trails System Act (16 U.S.C. 1244(a)) (as amended by
section 5201) is amended by adding at the end the following:
``(28) New england national scenic trail.--The New England
National Scenic Trail, a continuous trail extending
approximately 220 miles from the border of New Hampshire in
the town of Royalston, Massachusetts to Long Island Sound in
the town of Guilford, Connecticut, as generally depicted on
the map titled `New England National Scenic Trail Proposed
Route', numbered T06/80,000, and dated October 2007. The map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service. The
Secretary of the Interior, in consultation with appropriate
Federal, State, tribal, regional, and local agencies, and
other organizations, shall administer the trail after
considering the recommendations of the report titled the
`Metacomet Monadnock Mattabesset Trail System National Scenic
Trail Feasibility Study and Environmental Assessment',
prepared by the National Park Service, and dated Spring 2006.
The United States shall not acquire for the trail any land or
interest in land without the consent of the owner.''.
(b) Management.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall consider the
actions outlined in the Trail Management Blueprint described
in the report titled the ``Metacomet Monadnock Mattabesett
Trail System National Scenic Trail Feasibility Study and
Environmental Assessment'', prepared by the National Park
Service, and dated Spring 2006, as the framework for
management and administration of the New England National
Scenic Trail. Additional or more detailed plans for
administration, management, protection, access, maintenance,
or development of the trail may be developed consistent with
the Trail Management Blueprint, and as approved by the
Secretary.
(c) Cooperative Agreements.--The Secretary is authorized to
enter into cooperative agreements with the Commonwealth of
Massachusetts (and its political subdivisions), the State of
Connecticut (and its political subdivisions), and other
regional, local, and private organizations deemed necessary
and desirable to accomplish cooperative trail administrative,
management, and protection objectives consistent with the
Trail Management Blueprint. An agreement under this
subsection may include provisions for limited financial
assistance to encourage participation in the planning,
acquisition, protection, operation, development, or
maintenance of the trail.
(d) Additional Trail Segments.--Pursuant to section 6 of
the National Trails System Act (16 U.S.C. 1245), the
Secretary is encouraged to work with the State of New
Hampshire and appropriate local and private organizations to
include that portion of the
[[Page 6982]]
Metacomet-Monadnock Trail in New Hampshire (which lies
between Royalston, Massachusetts and Jaffrey, New Hampshire)
as a component of the New England National Scenic Trail.
Inclusion of this segment, as well as other potential side or
connecting trails, is contingent upon written application to
the Secretary by appropriate State and local jurisdictions
and a finding by the Secretary that trail management and
administration is consistent with the Trail Management
Blueprint.
SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) at the end of the last Ice Age, some 12,000 to 17,000
years ago, a series of cataclysmic floods occurred in what is
now the northwest region of the United States, leaving a
lasting mark of dramatic and distinguishing features on the
landscape of parts of the States of Montana, Idaho,
Washington and Oregon;
(B) geological features that have exceptional value and
quality to illustrate and interpret this extraordinary
natural phenomenon are present on Federal, State, tribal,
county, municipal, and private land in the region; and
(C) in 2001, a joint study team headed by the National Park
Service that included about 70 members from public and
private entities completed a study endorsing the
establishment of an Ice Age Floods National Geologic Trail--
(i) to recognize the national significance of this
phenomenon; and
(ii) to coordinate public and private sector entities in
the presentation of the story of the Ice Age floods.
(2) Purpose.--The purpose of this section is to designate
the Ice Age Floods National Geologic Trail in the States of
Montana, Idaho, Washington, and Oregon, enabling the public
to view, experience, and learn about the features and story
of the Ice Age floods through the collaborative efforts of
public and private entities.
(b) Definitions.--In this section:
(1) Ice age floods; floods.--The term ``Ice Age floods'' or
``floods'' means the cataclysmic floods that occurred in what
is now the northwestern United States during the last Ice Age
from massive, rapid and recurring drainage of Glacial Lake
Missoula.
(2) Plan.--The term ``plan'' means the cooperative
management and interpretation plan authorized under
subsection (f)(5).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the Ice Age Floods
National Geologic Trail designated by subsection (c).
(c) Designation.--In order to provide for public
appreciation, understanding, and enjoyment of the nationally
significant natural and cultural features of the Ice Age
floods and to promote collaborative efforts for
interpretation and education among public and private
entities located along the pathways of the floods, there is
designated the Ice Age Floods National Geologic Trail.
(d) Location.--
(1) Map.--The route of the Trail shall be as generally
depicted on the map entitled ``Ice Age Floods National
Geologic Trail,'' numbered P43/80,000 and dated June 2004.
(2) Route.--The route shall generally follow public roads
and highways.
(3) Revision.--The Secretary may revise the map by
publication in the Federal Register of a notice of
availability of a new map as part of the plan.
(e) Map Availability.--The map referred to in subsection
(d)(1) shall be on file and available for public inspection
in the appropriate offices of the National Park Service.
(f) Administration.--
(1) In general.--The Secretary, acting through the Director
of the National Park Service, shall administer the Trail in
accordance with this section.
(2) Limitation.--Except as provided in paragraph (6)(B),
the Trail shall not be considered to be a unit of the
National Park System.
(3) Trail management office.--To improve management of the
Trail and coordinate Trail activities with other public
agencies and private entities, the Secretary may establish
and operate a trail management office at a central location
within the vicinity of the Trail.
(4) Interpretive facilities.--The Secretary may plan,
design, and construct interpretive facilities for sites
associated with the Trail if the facilities are constructed
in partnership with State, local, tribal, or non-profit
entities and are consistent with the plan.
(5) Management plan.--
(A) In general.--Not later than 3 years after funds are
made available to carry out this section, the Secretary shall
prepare a cooperative management and interpretation plan for
the Trail.
(B) Consultation.--The Secretary shall prepare the plan in
consultation with--
(i) State, local, and tribal governments;
(ii) the Ice Age Floods Institute;
(iii) private property owners; and
(iv) other interested parties.
(C) Contents.--The plan shall--
(i) confirm and, if appropriate, expand on the inventory of
features of the floods contained in the National Park Service
study entitled ``Ice Age Floods, Study of Alternatives and
Environmental Assessment'' (February 2001) by--
(I) locating features more accurately;
(II) improving the description of features; and
(III) reevaluating the features in terms of their
interpretive potential;
(ii) review and, if appropriate, modify the map of the
Trail referred to in subsection (d)(1);
(iii) describe strategies for the coordinated development
of the Trail, including an interpretive plan for facilities,
waysides, roadside pullouts, exhibits, media, and programs
that present the story of the floods to the public
effectively; and
(iv) identify potential partnering opportunities in the
development of interpretive facilities and educational
programs to educate the public about the story of the floods.
(6) Cooperative management.--
(A) In general.--In order to facilitate the development of
coordinated interpretation, education, resource stewardship,
visitor facility development and operation, and scientific
research associated with the Trail and to promote more
efficient administration of the sites associated with the
Trail, the Secretary may enter into cooperative management
agreements with appropriate officials in the States of
Montana, Idaho, Washington, and Oregon in accordance with the
authority provided for units of the National Park System
under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
(B) Authority.--For purposes of this paragraph only, the
Trail shall be considered a unit of the National Park System.
(7) Cooperative agreements.--The Secretary may enter into
cooperative agreements with public or private entities to
carry out this section.
(8) Effect on private property rights.--Nothing in this
section--
(A) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(B) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(9) Liability.--Designation of the Trail by subsection (c)
does not create any liability for, or affect any liability
under any law of, any private property owner with respect to
any person injured on the private property.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section, of which not more than $12,000,000 may be used
for development of the Trail.
SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL
HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) (as amended by section 5202(a)) is amended by adding
at the end the following:
``(29) Washington-rochambeau revolutionary route national
historic trail.--
``(A) In general.--The Washington-Rochambeau Revolutionary
Route National Historic Trail, a corridor of approximately
600 miles following the route taken by the armies of General
George Washington and Count Rochambeau between Newport, Rhode
Island, and Yorktown, Virginia, in 1781 and 1782, as
generally depicted on the map entitled `WASHINGTON-ROCHAMBEAU
REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL', numbered T01/
80,001, and dated June 2007.
``(B) Map.--The map referred to in subparagraph (A) shall
be on file and available for public inspection in the
appropriate offices of the National Park Service.
``(C) Administration.--The trail shall be administered by
the Secretary of the Interior, in consultation with--
``(i) other Federal, State, tribal, regional, and local
agencies; and
``(ii) the private sector.
``(D) Land acquisition.--The United States shall not
acquire for the trail any land or interest in land outside
the exterior boundary of any federally-managed area without
the consent of the owner of the land or interest in land.''.
SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) (as amended by section 5204) is amended by adding at
the end the following:
``(30) Pacific northwest national scenic trail.--
``(A) In general.--The Pacific Northwest National Scenic
Trail, a trail of approximately 1,200 miles, extending from
the Continental Divide in Glacier National Park, Montana, to
the Pacific Ocean Coast in Olympic National Park, Washington,
following the route depicted on the map entitled `Pacific
Northwest National Scenic Trail: Proposed Trail', numbered
T12/80,000, and dated February 2008 (referred to in this
paragraph as the `map').
``(B) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
``(C) Administration.--The Pacific Northwest National
Scenic Trail shall be administered by the Secretary of
Agriculture.
[[Page 6983]]
``(D) Land acquisition.--The United States shall not
acquire for the Pacific Northwest National Scenic Trail any
land or interest in land outside the exterior boundary of any
federally-managed area without the consent of the owner of
the land or interest in land.''.
SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.
Section 5(a)(16) of the National Trails System Act (16
U.S.C. 1244(a)(16)) is amended as follows:
(1) By amending subparagraph (C) to read as follows:
``(C) In addition to the areas otherwise designated under
this paragraph, the following routes and land components by
which the Cherokee Nation was removed to Oklahoma are
components of the Trail of Tears National Historic Trail, as
generally described in the environmentally preferred
alternative of the November 2007 Feasibility Study Amendment
and Environmental Assessment for Trail of Tears National
Historic Trail:
``(i) The Benge and Bell routes.
``(ii) The land components of the designated water routes
in Alabama, Arkansas, Oklahoma, and Tennessee.
``(iii) The routes from the collection forts in Alabama,
Georgia, North Carolina, and Tennessee to the emigration
depots.
``(iv) The related campgrounds located along the routes and
land components described in clauses (i) through (iii).''.
(2) In subparagraph (D)--
(A) by striking the first sentence; and
(B) by adding at the end the following: ``No lands or
interests in lands outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the Trail of Tears National Historic Trail
except with the consent of the owner thereof.''.
Subtitle D--National Trail System Amendments
SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.
(a) Authority To Acquire Land From Willing Sellers for
Certain Trails.--
(1) Oregon national historic trail.--Section 5(a)(3) of the
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended
by adding at the end the following: ``No land or interest in
land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the
land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
(2) Mormon pioneer national historic trail.--Section
5(a)(4) of the National Trails System Act (16 U.S.C.
1244(a)(4)) is amended by adding at the end the following:
``No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the
Federal Government for the trail except with the consent of
the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/
4\ mile on either side of the trail.''.
(3) Continental divide national scenic trail.--Section
5(a)(5) of the National Trails System Act (16 U.S.C.
1244(a)(5)) is amended by adding at the end the following:
``No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the
Federal Government for the trail except with the consent of
the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/
4\ mile on either side of the trail.''.
(4) Lewis and clark national historic trail.--Section
5(a)(6) of the National Trails System Act (16 U.S.C.
1244(a)(6)) is amended by adding at the end the following:
``No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the
Federal Government for the trail except with the consent of
the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than \1/
4\ mile on either side of the trail.''.
(5) Iditarod national historic trail.--Section 5(a)(7) of
the National Trails System Act (16 U.S.C. 1244(a)(7)) is
amended by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
(6) North country national scenic trail.--Section 5(a)(8)
of the National Trails System Act (16 U.S.C. 1244(a)(8)) is
amended by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land.''.
(7) Ice age national scenic trail.--Section 5(a)(10) of the
National Trails System Act (16 U.S.C. 1244(a)(10)) is amended
by adding at the end the following: ``No land or interest in
land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the
land or interest in land.''.
(8) Potomac heritage national scenic trail.--Section
5(a)(11) of the National Trails System Act (16 U.S.C.
1244(a)(11)) is amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land.''.
(9) Nez perce national historic trail.--Section 5(a)(14) of
the National Trails System Act (16 U.S.C. 1244(a)(14)) is
amended--
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
(b) Conforming Amendment.--Section 10 of the National
Trails System Act (16 U.S.C. 1249) is amended by striking
subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
Act, there are authorized to be appropriated such sums as are
necessary to implement the provisions of this Act relating to
the trails designated by section 5(a).
``(2) Natchez trace national scenic trail.--
``(A) In general.--With respect to the Natchez Trace
National Scenic Trail (referred to in this paragraph as the
`trail') designated by section 5(a)(12)--
``(i) not more than $500,000 shall be appropriated for the
acquisition of land or interests in land for the trail; and
``(ii) not more than $2,000,000 shall be appropriated for
the development of the trail.
``(B) Participation by volunteer trail groups.--The
administering agency for the trail shall encourage volunteer
trail groups to participate in the development of the
trail.''.
SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF
EXISTING NATIONAL HISTORIC TRAILS.
Section 5 of the National Trails System Act (16 U.S.C.
1244) is amended by adding at the end the following:
``(g) Revision of Feasibility and Suitability Studies of
Existing National Historic Trails.--
``(1) Definitions.--In this subsection:
``(A) Route.--The term `route' includes a trail segment
commonly known as a cutoff.
``(B) Shared route.--The term `shared route' means a route
that was a segment of more than 1 historic trail, including a
route shared with an existing national historic trail.
``(2) Requirements for revision.--
``(A) In general.--The Secretary of the Interior shall
revise the feasibility and suitability studies for certain
national trails for consideration of possible additions to
the trails.
``(B) Study requirements and objectives.--The study
requirements and objectives specified in subsection (b) shall
apply to a study required by this subsection.
``(C) Completion and submission of study.--A study listed
in this subsection shall be completed and submitted to
Congress not later than 3 complete fiscal years from the date
funds are made available for the study.
``(3) Oregon national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Oregon Trail listed in
subparagraph (B) and generally depicted on the map entitled
`Western Emigrant Trails 1830/1870' and dated 1991/1993, and
of such other routes of the Oregon Trail that the Secretary
considers appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as
components of the Oregon National Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Whitman Mission route.
``(ii) Upper Columbia River.
``(iii) Cowlitz River route.
``(iv) Meek cutoff.
``(v) Free Emigrant Road.
``(vi) North Alternate Oregon Trail.
``(vii) Goodale's cutoff.
``(viii) North Side alternate route.
``(ix) Cutoff to Barlow road.
``(x) Naches Pass Trail.
``(4) Pony express national historic trail.--The Secretary
of the Interior shall undertake a study of the approximately
20-mile southern alternative route of the Pony Express Trail
from Wathena, Kansas, to Troy, Kansas, and such other routes
of the Pony Express Trail that the Secretary considers
appropriate, to determine the feasibility and suitability of
designation of 1 or more of the routes as components of the
Pony Express National Historic Trail.
[[Page 6984]]
``(5) California national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the Missouri Valley, central, and
western routes of the California Trail listed in subparagraph
(B) and generally depicted on the map entitled `Western
Emigrant Trails 1830/1870' and dated 1991/1993, and of such
other and shared Missouri Valley, central, and western routes
that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of
the routes as components of the California National Historic
Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Missouri valley routes.--
``(I) Blue Mills-Independence Road.
``(II) Westport Landing Road.
``(III) Westport-Lawrence Road.
``(IV) Fort Leavenworth-Blue River route.
``(V) Road to Amazonia.
``(VI) Union Ferry Route.
``(VII) Old Wyoming-Nebraska City cutoff.
``(VIII) Lower Plattsmouth Route.
``(IX) Lower Bellevue Route.
``(X) Woodbury cutoff.
``(XI) Blue Ridge cutoff.
``(XII) Westport Road.
``(XIII) Gum Springs-Fort Leavenworth route.
``(XIV) Atchison/Independence Creek routes.
``(XV) Fort Leavenworth-Kansas River route.
``(XVI) Nebraska City cutoff routes.
``(XVII) Minersville-Nebraska City Road.
``(XVIII) Upper Plattsmouth route.
``(XIX) Upper Bellevue route.
``(ii) Central routes.--
``(I) Cherokee Trail, including splits.
``(II) Weber Canyon route of Hastings cutoff.
``(III) Bishop Creek cutoff.
``(IV) McAuley cutoff.
``(V) Diamond Springs cutoff.
``(VI) Secret Pass.
``(VII) Greenhorn cutoff.
``(VIII) Central Overland Trail.
``(iii) Western routes.--
``(I) Bidwell-Bartleson route.
``(II) Georgetown/Dagget Pass Trail.
``(III) Big Trees Road.
``(IV) Grizzly Flat cutoff.
``(V) Nevada City Road.
``(VI) Yreka Trail.
``(VII) Henness Pass route.
``(VIII) Johnson cutoff.
``(IX) Luther Pass Trail.
``(X) Volcano Road.
``(XI) Sacramento-Coloma Wagon Road.
``(XII) Burnett cutoff.
``(XIII) Placer County Road to Auburn.
``(6) Mormon pioneer national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Mormon Pioneer Trail
listed in subparagraph (B) and generally depicted in the map
entitled `Western Emigrant Trails 1830/1870' and dated 1991/
1993, and of such other routes of the Mormon Pioneer Trail
that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of 1 or more of
the routes as components of the Mormon Pioneer National
Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) 1846 Subsequent routes A and B (Lucas and Clarke
Counties, Iowa).
``(ii) 1856-57 Handcart route (Iowa City to Council
Bluffs).
``(iii) Keokuk route (Iowa).
``(iv) 1847 Alternative Elkhorn and Loup River Crossings in
Nebraska.
``(v) Fort Leavenworth Road; Ox Bow route and alternates in
Kansas and Missouri (Oregon and California Trail routes used
by Mormon emigrants).
``(vi) 1850 Golden Pass Road in Utah.
``(7) Shared california and oregon trail routes.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the shared routes of the California
Trail and Oregon Trail listed in subparagraph (B) and
generally depicted on the map entitled `Western Emigrant
Trails 1830/1870' and dated 1991/1993, and of such other
shared routes that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of 1
or more of the routes as shared components of the California
National Historic Trail and the Oregon National Historic
Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) St. Joe Road.
``(ii) Council Bluffs Road.
``(iii) Sublette cutoff.
``(iv) Applegate route.
``(v) Old Fort Kearny Road (Oxbow Trail).
``(vi) Childs cutoff.
``(vii) Raft River to Applegate.''.
SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following:
``(44) Chisholm trail.--
``(A) In general.--The Chisholm Trail (also known as the
`Abilene Trail'), from the vicinity of San Antonio, Texas,
segments from the vicinity of Cuero, Texas, to Ft. Worth,
Texas, Duncan, Oklahoma, alternate segments used through
Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, Wichita,
Kansas, Abilene, Kansas, and commonly used segments running
to alternative Kansas destinations.
``(B) Requirement.--In conducting the study required under
this paragraph, the Secretary of the Interior shall identify
the point at which the trail originated south of San Antonio,
Texas.
``(45) Great western trail.--
``(A) In general.--The Great Western Trail (also known as
the `Dodge City Trail'), from the vicinity of San Antonio,
Texas, north-by-northwest through the vicinities of Kerrville
and Menard, Texas, north-by-northeast through the vicinities
of Coleman and Albany, Texas, north through the vicinity of
Vernon, Texas, to Doan's Crossing, Texas, northward through
or near the vicinities of Altus, Lone Wolf, Canute, Vici, and
May, Oklahoma, north through Kansas to Dodge City, and north
through Nebraska to Ogallala.
``(B) Requirement.--In conducting the study required under
this paragraph, the Secretary of the Interior shall identify
the point at which the trail originated south of San Antonio,
Texas.''.
Subtitle E--Effect of Title
SEC. 5401. EFFECT.
(a) Effect on Access for Recreational Activities.--Nothing
in this title shall be construed as affecting access for
recreational activities otherwise allowed by law or
regulation, including hunting, fishing, or trapping.
(b) Effect on State Authority.--Nothing in this title shall
be construed as affecting the authority, jurisdiction, or
responsibility of the several States to manage, control, or
regulate fish and resident wildlife under State law or
regulations, including the regulation of hunting, fishing,
and trapping.
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--Cooperative Watershed Management Program
SEC. 6001. DEFINITIONS.
In this subtitle:
(1) Affected stakeholder.--The term ``affected
stakeholder'' means an entity that significantly affects, or
is significantly affected by, the quality or quantity of
water in a watershed, as determined by the Secretary.
(2) Grant recipient.--The term ``grant recipient'' means a
watershed group that the Secretary has selected to receive a
grant under section 6002(c)(2).
(3) Program.--The term ``program'' means the Cooperative
Watershed Management Program established by the Secretary
under section 6002(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Watershed group.--The term ``watershed group'' means a
self-sustaining, cooperative watershed-wide group that--
(A) is comprised of representatives of the affected
stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array of
stakeholders, including, to the maximum extent practicable--
(i) representatives of--
(I) hydroelectric production;
(II) livestock grazing;
(III) timber production;
(IV) land development;
(V) recreation or tourism;
(VI) irrigated agricultural production;
(VII) the environment;
(VIII) potable water purveyors and industrial water users;
and
(IX) private property owners within the watershed;
(ii) any Federal agency that has authority with respect to
the watershed;
(iii) any State agency that has authority with respect to
the watershed;
(iv) any local agency that has authority with respect to
the watershed; and
(v) any Indian tribe that--
(I) owns land within the watershed; or
(II) has land in the watershed that is held in trust;
(C) is a grassroots, nonregulatory entity that addresses
water availability and quality issues within the relevant
watershed;
(D) is capable of promoting the sustainable use of the
water resources of the relevant watershed and improving the
functioning condition of rivers and streams through--
(i) water conservation;
(ii) improved water quality;
(iii) ecological resiliency; and
(iv) the reduction of water conflicts; and
(E) makes decisions on a consensus basis, as defined in the
bylaws of the watershed group.
(6) Watershed management project.--The term ``watershed
management project'' means any project (including a
demonstration project) that--
(A) enhances water conservation, including alternative
water uses;
(B) improves water quality;
(C) improves ecological resiliency of a river or stream;
(D) reduces the potential for water conflicts; or
(E) advances any other goals associated with water quality
or quantity that the Secretary determines to be appropriate.
[[Page 6985]]
SEC. 6002. PROGRAM.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program, to be known as the ``Cooperative Watershed
Management Program'', under which the Secretary shall provide
grants--
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the
goals of a watershed group.
(b) Application.--
(1) Establishment of application process; criteria.--Not
later than 1 year after the date of enactment of this Act,
the Secretary shall establish--
(A) an application process for the program; and
(B) in consultation with the States, prioritization and
eligibility criteria for considering applications submitted
in accordance with the application process.
(c) Distribution of Grant Funds.--
(1) In general.--In distributing grant funds under this
section, the Secretary--
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups that--
(i) represent maximum diversity of interests; or
(ii) serve subbasin-sized watersheds with an 8-digit
hydrologic unit code, as defined by the United States
Geological Survey.
(2) Funding procedure.--
(A) First phase.--
(i) In general.--The Secretary may provide to a grant
recipient a first-phase grant in an amount not greater than
$100,000 each year for a period of not more than 3 years.
(ii) Mandatory use of funds.--A grant recipient that
receives a first-phase grant shall use the funds--
(I) to establish or enlarge a watershed group;
(II) to develop a mission statement for the watershed
group;
(III) to develop project concepts; and
(IV) to develop a restoration plan.
(iii) Annual determination of eligibility.--
(I) Determination.--For each year of a first-phase grant,
not later than 270 days after the date on which a grant
recipient first receives grant funds for the year, the
Secretary shall determine whether the grant recipient has
made sufficient progress during the year to justify
additional funding.
(II) Effect of determination.--If the Secretary determines
under subclause (I) that the progress of a grant recipient
during the year covered by the determination justifies
additional funding, the Secretary shall provide to the grant
recipient grant funds for the following year.
(iv) Advancement conditions.--A grant recipient shall not
be eligible to receive a second-phase grant under
subparagraph (B) until the date on which the Secretary
determines that the watershed group--
(I) has approved articles of incorporation and bylaws
governing the organization; and
(II)(aa) holds regular meetings;
(bb) has completed a mission statement; and
(cc) has developed a restoration plan and project concepts
for the watershed.
(v) Exception.--A watershed group that has not applied for
or received first-phase grants may apply for and receive
second-phase grants under subparagraph (B) if the Secretary
determines that the group has satisfied the requirements of
first-phase grants.
(B) Second phase.--
(i) In general.--A watershed group may apply for and
receive second-phase grants of $1,000,000 each year for a
period of not more than 4 years if--
(I) the watershed group has applied for and received
watershed grants under subparagraph (A); or
(II) the Secretary determines that the watershed group has
satisfied the requirements of first-phase grants.
(ii) Mandatory use of funds.--A grant recipient that
receives a second-phase grant shall use the funds to plan and
carry out watershed management projects.
(iii) Annual determination of eligibility.--
(I) Determination.--For each year of the second-phase
grant, not later than 270 days after the date on which a
grant recipient first receives grant funds for the year, the
Secretary shall determine whether the grant recipient has
made sufficient progress during the year to justify
additional funding.
(II) Effect of determination.--If the Secretary determines
under subclause (I) that the progress of a grant recipient
during the year justifies additional funding, the Secretary
shall provide to the grant recipient grant funds for the
following year.
(iv) Advancement condition.--A grant recipient shall not be
eligible to receive a third-phase grant under subparagraph
(C) until the date on which the Secretary determines that the
grant recipient has--
(I) completed each requirement of the second-phase grant;
and
(II) demonstrated that 1 or more pilot projects of the
grant recipient have resulted in demonstrable improvements,
as determined by the Secretary, in the functioning condition
of at least 1 river or stream in the watershed.
(C) Third phase.--
(i) Funding limitation.--
(I) In general.--Except as provided in subclause (II), the
Secretary may provide to a grant recipient a third-phase
grant in an amount not greater than $5,000,000 for a period
of not more than 5 years.
(II) Exception.--The Secretary may provide to a grant
recipient a third-phase grant in an amount that is greater
than the amount described in subclause (I) if the Secretary
determines that the grant recipient is capable of using the
additional amount to further the purposes of the program in a
way that could not otherwise be achieved by the grant
recipient using the amount described in subclause (I).
(ii) Mandatory use of funds.--A grant recipient that
receives a third-phase grant shall use the funds to plan and
carry out at least 1 watershed management project.
(3) Authorizing use of funds for administrative and other
costs.--A grant recipient that receives a grant under this
section may use the funds--
(A) to pay for--
(i) administrative and coordination costs, if the costs are
not greater than the lesser of--
(I) 20 percent of the total amount of the grant; or
(II) $100,000;
(ii) the salary of not more than 1 full-time employee of
the watershed group; and
(iii) any legal fees arising from the establishment of the
relevant watershed group; and
(B) to fund--
(i) water quality and quantity studies of the relevant
watershed; and
(ii) the planning, design, and implementation of any
projects relating to water quality or quantity.
(d) Cost Share.--
(1) Planning.--The Federal share of the cost of an activity
provided assistance through a first-phase grant shall be 100
percent.
(2) Projects carried out under second phase.--
(A) In general.--The Federal share of the cost of any
activity of a watershed management project provided
assistance through a second-phase grant shall not exceed 50
percent of the total cost of the activity.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of in-kind contributions.
(3) Projects carried out under third phase.--
(A) In general.--The Federal share of the costs of any
activity of a watershed group of a grant recipient relating
to a watershed management project provided assistance through
a third-phase grant shall not exceed 50 percent of the total
costs of the watershed management project.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of in-kind contributions.
(e) Annual Reports.--
(1) In general.--Not later than 1 year after the date on
which a grant recipient first receives funds under this
section, and annually thereafter, in accordance with
paragraph (2), the watershed group shall submit to the
Secretary a report that describes the progress of the
watershed group.
(2) Required degree of detail.--The contents of an annual
report required under paragraph (1) shall contain sufficient
information to enable the Secretary to complete each report
required under subsection (f), as determined by the
Secretary.
(f) Report.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes--
(1) the ways in which the program assists the Secretary--
(A) in addressing water conflicts;
(B) in conserving water;
(C) in improving water quality; and
(D) in improving the ecological resiliency of a river or
stream; and
(2) benefits that the program provides, including, to the
maximum extent practicable, a quantitative analysis of
economic, social, and environmental benefits.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $2,000,000 for each of fiscal years 2008 and 2009;
(2) $5,000,000 for fiscal year 2010;
(3) $10,000,000 for fiscal year 2011; and
(4) $20,000,000 for each of fiscal years 2012 through 2020.
SEC. 6003. EFFECT OF SUBTITLE.
Nothing in this subtitle affects the applicability of any
Federal, State, or local law with respect to any watershed
group.
Subtitle B--Competitive Status for Federal Employees in Alaska
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES
IN THE STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3198) is amended by adding at the
end the following:
``(e) Competitive Status.--
``(1) In general.--Nothing in subsection (a) provides that
any person hired pursuant to the program established under
that subsection is not eligible for competitive status
[[Page 6986]]
in the same manner as any other employee hired as part of the
competitive service.
``(2) Redesignation of certain positions.--
``(A) Persons serving in original positions.--Not later
than 60 days after the date of enactment of this subsection,
with respect to any person hired into a permanent position
pursuant to the program established under subsection (a) who
is serving in that position as of the date of enactment of
this subsection, the Secretary shall redesignate that
position and the person serving in that position as having
been part of the competitive service as of the date that the
person was hired into that position.
``(B) Persons no longer serving in original positions.--
With respect to any person who was hired pursuant to the
program established under subsection (a) that is no longer
serving in that position as of the date of enactment of this
subsection--
``(i) the person may provide to the Secretary a request for
redesignation of the service as part of the competitive
service that includes evidence of the employment; and
``(ii) not later than 90 days of the submission of a
request under clause (i), the Secretary shall redesignate the
service of the person as being part of the competitive
service.''.
Subtitle C--Management of the Baca National Wildlife Refuge
SEC. 6201. BACA NATIONAL WILDLIFE REFUGE.
Section 6 of the Great Sand Dunes National Park and
Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Establishment.--(1) When'' and
inserting the following:
``(a) Establishment and Purpose.--
``(1) Establishment.--
``(A) In general.--When'';
(B) in paragraph (2), by striking ``(2) Such
establishment'' and inserting the following:
``(B) Effective date.--The establishment of the refuge
under subparagraph (A)''; and
(C) by adding at the end the following:
``(2) Purpose.--The purpose of the Baca National Wildlife
Refuge shall be to restore, enhance, and maintain wetland,
upland, riparian, and other habitats for native wildlife,
plant, and fish species in the San Luis Valley.'';
(2) in subsection (c)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Requirements.--In administering the Baca National
Wildlife Refuge, the Secretary shall, to the maximum extent
practicable--
``(A) emphasize migratory bird conservation; and
``(B) take into consideration the role of the Refuge in
broader landscape conservation efforts.''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) subject to any agreement in existence as of the date
of enactment of this paragraph, and to the extent consistent
with the purposes of the Refuge, use decreed water rights on
the Refuge in approximately the same manner that the water
rights have been used historically.''.
Subtitle D--Paleontological Resources Preservation
SEC. 6301. DEFINITIONS.
In this subtitle:
(1) Casual collecting.--The term ``casual collecting''
means the collecting of a reasonable amount of common
invertebrate and plant paleontological resources for non-
commercial personal use, either by surface collection or the
use of non-powered hand tools resulting in only negligible
disturbance to the Earth's surface and other resources. As
used in this paragraph, the terms ``reasonable amount'',
``common invertebrate and plant paleontological resources''
and ``negligible disturbance'' shall be determined by the
Secretary.
(2) Federal land.--The term ``Federal land'' means--
(A) land controlled or administered by the Secretary of the
Interior, except Indian land; or
(B) National Forest System land controlled or administered
by the Secretary of Agriculture.
(3) Indian land.--The term ``Indian Land'' means land of
Indian tribes, or Indian individuals, which are either held
in trust by the United States or subject to a restriction
against alienation imposed by the United States.
(4) Paleontological resource.--The term ``paleontological
resource'' means any fossilized remains, traces, or imprints
of organisms, preserved in or on the earth's crust, that are
of paleontological interest and that provide information
about the history of life on earth, except that the term does
not include--
(A) any materials associated with an archaeological
resource (as defined in section 3(1) of the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or
(B) any cultural item (as defined in section 2 of the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior with respect to land controlled or
administered by the Secretary of the Interior or the
Secretary of Agriculture with respect to National Forest
System land controlled or administered by the Secretary of
Agriculture.
(6) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States.
SEC. 6302. MANAGEMENT.
(a) In General.--The Secretary shall manage and protect
paleontological resources on Federal land using scientific
principles and expertise. The Secretary shall develop
appropriate plans for inventory, monitoring, and the
scientific and educational use of paleontological resources,
in accordance with applicable agency laws, regulations, and
policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with
non-Federal partners, the scientific community, and the
general public.
(b) Coordination.--To the extent possible, the Secretary of
the Interior and the Secretary of Agriculture shall
coordinate in the implementation of this subtitle.
SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase public
awareness about the significance of paleontological
resources.
SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement.--
(1) In general.--Except as provided in this subtitle, a
paleontological resource may not be collected from Federal
land without a permit issued under this subtitle by the
Secretary.
(2) Casual collecting exception.--The Secretary may allow
casual collecting without a permit on Federal land controlled
or administered by the Bureau of Land Management, the Bureau
of Reclamation, and the Forest Service, where such collection
is consistent with the laws governing the management of those
Federal land and this subtitle.
(3) Previous permit exception.--Nothing in this section
shall affect a valid permit issued prior to the date of
enactment of this Act.
(b) Criteria for Issuance of a Permit.--The Secretary may
issue a permit for the collection of a paleontological
resource pursuant to an application if the Secretary
determines that--
(1) the applicant is qualified to carry out the permitted
activity;
(2) the permitted activity is undertaken for the purpose of
furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any
management plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten
significant natural or cultural resources.
(c) Permit Specifications.--A permit for the collection of
a paleontological resource issued under this section shall
contain such terms and conditions as the Secretary deems
necessary to carry out the purposes of this subtitle. Every
permit shall include requirements that--
(1) the paleontological resource that is collected from
Federal land under the permit will remain the property of the
United States;
(2) the paleontological resource and copies of associated
records will be preserved for the public in an approved
repository, to be made available for scientific research and
public education; and
(3) specific locality data will not be released by the
permittee or repository without the written permission of the
Secretary.
(d) Modification, Suspension, and Revocation of Permits.--
(1) The Secretary may modify, suspend, or revoke a permit
issued under this section--
(A) for resource, safety, or other management
considerations; or
(B) when there is a violation of term or condition of a
permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under
the authority of the permit is convicted under section 6306
or is assessed a civil penalty under section 6307.
(e) Area Closures.--In order to protect paleontological or
other resources or to provide for public safety, the
Secretary may restrict access to or close areas under the
Secretary's jurisdiction to the collection of paleontological
resources.
SEC. 6305. CURATION OF RESOURCES.
Any paleontological resource, and any data and records
associated with the resource, collected under a permit, shall
be deposited in an approved repository. The Secretary may
enter into agreements with non-Federal repositories regarding
the curation of these resources, data, and records.
SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES.
(a) In General.--A person may not--
(1) excavate, remove, damage, or otherwise alter or deface
or attempt to excavate, remove, damage, or otherwise alter or
deface any paleontological resources located on
[[Page 6987]]
Federal land unless such activity is conducted in accordance
with this subtitle;
(2) exchange, transport, export, receive, or offer to
exchange, transport, export, or receive any paleontological
resource if the person knew or should have known such
resource to have been excavated or removed from Federal land
in violation of any provisions, rule, regulation, law,
ordinance, or permit in effect under Federal law, including
this subtitle; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if the person knew or should have
known such resource to have been excavated, removed, sold,
purchased, exchanged, transported, or received from Federal
land.
(b) False Labeling Offenses.--A person may not make or
submit any false record, account, or label for, or any false
identification of, any paleontological resource excavated or
removed from Federal land.
(c) Penalties.--A person who knowingly violates or
counsels, procures, solicits, or employs another person to
violate subsection (a) or (b) shall, upon conviction, be
fined in accordance with title 18, United States Code, or
imprisoned not more than 5 years, or both; but if the sum of
the commercial and paleontological value of the
paleontological resources involved and the cost of
restoration and repair of such resources does not exceed
$500, such person shall be fined in accordance with title 18,
United States Code, or imprisoned not more than 2 years, or
both.
(d) Multiple Offenses.--In the case of a second or
subsequent violation by the same person, the amount of the
penalty assessed under subsection (c) may be doubled.
(e) General Exception.--Nothing in subsection (a) shall
apply to any person with respect to any paleontological
resource which was in the lawful possession of such person
prior to the date of enactment of this Act.
SEC. 6307. CIVIL PENALTIES.
(a) In General.--
(1) Hearing.--A person who violates any prohibition
contained in an applicable regulation or permit issued under
this subtitle may be assessed a penalty by the Secretary
after the person is given notice and opportunity for a
hearing with respect to the violation. Each violation shall
be considered a separate offense for purposes of this
section.
(2) Amount of penalty.--The amount of such penalty assessed
under paragraph (1) shall be determined under regulations
promulgated pursuant to this subtitle, taking into account
the following factors:
(A) The scientific or fair market value, whichever is
greater, of the paleontological resource involved, as
determined by the Secretary.
(B) The cost of response, restoration, and repair of the
resource and the paleontological site involved.
(C) Any other factors considered relevant by the Secretary
assessing the penalty.
(3) Multiple offenses.--In the case of a second or
subsequent violation by the same person, the amount of a
penalty assessed under paragraph (2) may be doubled.
(4) Limitation.--The amount of any penalty assessed under
this subsection for any 1 violation shall not exceed an
amount equal to double the cost of response, restoration, and
repair of resources and paleontological site damage plus
double the scientific or fair market value of resources
destroyed or not recovered.
(b) Petition for Judicial Review; Collection of Unpaid
Assessments.--
(1) Judicial review.--Any person against whom an order is
issued assessing a penalty under subsection (a) may file a
petition for judicial review of the order in the United
States District Court for the District of Columbia or in the
district in which the violation is alleged to have occurred
within the 30-day period beginning on the date the order
making the assessment was issued. Upon notice of such filing,
the Secretary shall promptly file such a certified copy of
the record on which the order was issued. The court shall
hear the action on the record made before the Secretary and
shall sustain the action if it is supported by substantial
evidence on the record considered as a whole.
(2) Failure to pay.--If any person fails to pay a penalty
under this section within 30 days--
(A) after the order making assessment has become final and
the person has not filed a petition for judicial review of
the order in accordance with paragraph (1); or
(B) after a court in an action brought in paragraph (1) has
entered a final judgment upholding the assessment of the
penalty, the Secretary may request the Attorney General to
institute a civil action in a district court of the United
States for any district in which the person if found,
resides, or transacts business, to collect the penalty (plus
interest at currently prevailing rates from the date of the
final order or the date of the final judgment, as the case
may be). The district court shall have jurisdiction to hear
and decide any such action. In such action, the validity,
amount, and appropriateness of such penalty shall not be
subject to review. Any person who fails to pay on a timely
basis the amount of an assessment of a civil penalty as
described in the first sentence of this paragraph shall be
required to pay, in addition to such amount and interest,
attorneys fees and costs for collection proceedings.
(c) Hearings.--Hearings held during proceedings instituted
under subsection (a) shall be conducted in accordance with
section 554 of title 5, United States Code.
(d) Use of Recovered Amounts.--Penalties collected under
this section shall be available to the Secretary and without
further appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological
resources and sites which were the subject of the action, or
to acquire sites with equivalent resources, and to protect,
monitor, and study the resources and sites. Any acquisition
shall be subject to any limitations contained in the organic
legislation for such Federal land.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of rewards as provided in
section 6308.
SEC. 6308. REWARDS AND FORFEITURE.
(a) Rewards.--The Secretary may pay from penalties
collected under section 6306 or 6307 or from appropriated
funds--
(1) consistent with amounts established in regulations by
the Secretary; or
(2) if no such regulation exists, an amount up to \1/2\ of
the penalties, to any person who furnishes information which
leads to the finding of a civil violation, or the conviction
of criminal violation, with respect to which the penalty was
paid. If several persons provided the information, the amount
shall be divided among the persons. No officer or employee of
the United States or of any State or local government who
furnishes information or renders service in the performance
of his official duties shall be eligible for payment under
this subsection.
(b) Forfeiture.--All paleontological resources with respect
to which a violation under section 6306 or 6307 occurred and
which are in the possession of any person, and all vehicles
and equipment of any person that were used in connection with
the violation, shall be subject to civil forfeiture, or upon
conviction, to criminal forfeiture. All provisions of law
relating to the seizure, forfeiture, and condemnation of
property for a violation of this subtitle, the disposition of
such property or the proceeds from the sale thereof, and
remission or mitigation of such forfeiture, as well as the
procedural provisions of chapter 46 of title 18, United
States Code, shall apply to the seizures and forfeitures
incurred or alleged to have incurred under the provisions of
this subtitle.
(c) Transfer of Seized Resources.--The Secretary may
transfer administration of seized paleontological resources
to Federal or non-Federal educational institutions to be used
for scientific or educational purposes.
SEC. 6309. CONFIDENTIALITY.
Information concerning the nature and specific location of
a paleontological resource shall be exempt from disclosure
under section 552 of title 5, United States Code, and any
other law unless the Secretary determines that disclosure
would--
(1) further the purposes of this subtitle;
(2) not create risk of harm to or theft or destruction of
the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
SEC. 6310. REGULATIONS.
As soon as practical after the date of enactment of this
Act, the Secretary shall issue such regulations as are
appropriate to carry out this subtitle, providing
opportunities for public notice and comment.
SEC. 6311. SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to--
(1) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under the general mining laws, the
mineral or geothermal leasing laws, laws providing for
minerals materials disposal, or laws providing for the
management or regulation of the activities authorized by the
aforementioned laws including but not limited to the Federal
Land Policy Management Act (43 U.S.C. 1701-1784), Public Law
94-429 (commonly known as the ``Mining in the Parks Act'')
(16 U.S.C. 1901 et seq.), the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the
Organic Administration Act (16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional
restrictions or permitting requirements on any activities
permitted at any time under existing laws and authorities
relating to reclamation and multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of
a rock, mineral, or invertebrate or plant fossil that is not
protected under this subtitle;
(4) affect any land other than Federal land or affect the
lawful recovery, collection, or sale of paleontological
resources from land other than Federal land;
(5) alter or diminish the authority of a Federal agency
under any other law to provide protection for paleontological
resources on Federal land in addition to the protection
provided under this subtitle; or
(6) create any right, privilege, benefit, or entitlement
for any person who is not an officer or employee of the
United States acting in that capacity. No person who is not
an officer or employee of the United States acting in that
capacity shall have standing to file
[[Page 6988]]
any civil action in a court of the United States to enforce
any provision or amendment made by this subtitle.
SEC. 6312. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Subtitle E--Izembek National Wildlife Refuge Land Exchange
SEC. 6401. DEFINITIONS.
In this subtitle:
(1) Corporation.--The term ``Corporation'' means the King
Cove Corporation.
(2) Federal land.--The term ``Federal land'' means--
(A) the approximately 206 acres of Federal land located
within the Refuge, as generally depicted on the map; and
(B) the approximately 1,600 acres of Federal land located
on Sitkinak Island, as generally depicted on the map.
(3) Map.--The term ``map'' means each of--
(A) the map entitled ``Izembek and Alaska Peninsula
National Wildlife Refuges'' and dated September 2, 2008; and
(B) the map entitled ``Sitkinak Island-Alaska Maritime
National Wildlife Refuge'' and dated September 2, 2008.
(4) Non-federal land.--The term ``non-Federal land''
means--
(A) the approximately 43,093 acres of land owned by the
State, as generally depicted on the map; and
(B) the approximately 13,300 acres of land owned by the
Corporation (including approximately 5,430 acres of land for
which the Corporation shall relinquish the selection rights
of the Corporation under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) as part of the land exchange
under section 6402(a)), as generally depicted on the map.
(5) Refuge.--The term ``Refuge'' means the Izembek National
Wildlife Refuge.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Alaska.
(8) Tribe.--The term ``Tribe'' means the Agdaagux Tribe of
King Cove, Alaska.
SEC. 6402. LAND EXCHANGE.
(a) In General.--Upon receipt of notification by the State
and the Corporation of the intention of the State and the
Corporation to exchange the non-Federal land for the Federal
land, subject to the conditions and requirements described in
this subtitle, the Secretary may convey to the State all
right, title, and interest of the United States in and to the
Federal land. The Federal land within the Refuge shall be
transferred for the purpose of constructing a single-lane
gravel road between the communities of King Cove and Cold
Bay, Alaska.
(b) Compliance With National Environmental Policy Act of
1969 and Other Applicable Laws.--
(1) In general.--In determining whether to carry out the
land exchange under subsection (a), the Secretary shall--
(A) comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(B) except as provided in subsection (c), comply with any
other applicable law (including regulations).
(2) Environmental impact statement.--
(A) In general.--Not later than 60 days after the date on
which the Secretary receives notification under subsection
(a), the Secretary shall initiate the preparation of an
environmental impact statement required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Requirements.--The environmental impact statement
prepared under subparagraph (A) shall contain--
(i) an analysis of--
(I) the proposed land exchange; and
(II) the potential construction and operation of a road
between the communities of King Cove and Cold Bay, Alaska;
and
(ii) an evaluation of a specific road corridor through the
Refuge that is identified in consultation with the State, the
City of King Cove, Alaska, and the Tribe.
(3) Cooperating agencies.--
(A) In general.--During the preparation of the
environmental impact statement under paragraph (2), each
entity described in subparagraph (B) may participate as a
cooperating agency.
(B) Authorized entities.--An authorized entity may
include--
(i) any Federal agency that has permitting jurisdiction
over the road described in paragraph (2)(B)(i)(II);
(ii) the State;
(iii) the Aleutians East Borough of the State;
(iv) the City of King Cove, Alaska;
(v) the Tribe; and
(vi) the Alaska Migratory Bird Co-Management Council.
(c) Valuation.--The conveyance of the Federal land and non-
Federal land under this section shall not be subject to any
requirement under any Federal law (including regulations)
relating to the valuation, appraisal, or equalization of
land.
(d) Public Interest Determination.--
(1) Conditions for land exchange.--Subject to paragraph
(2), to carry out the land exchange under subsection (a), the
Secretary shall determine that the land exchange (including
the construction of a road between the City of King Cove,
Alaska, and the Cold Bay Airport) is in the public interest.
(2) Limitation of authority of secretary.--The Secretary
may not, as a condition for a finding that the land exchange
is in the public interest--
(A) require the State or the Corporation to convey
additional land to the United States; or
(B) impose any restriction on the subsistence uses (as
defined in section 803 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3113)) of waterfowl by rural
residents of the State.
(e) Kinzaroff Lagoon.--The land exchange under subsection
(a) shall not be carried out before the date on which the
parcel of land owned by the State that is located in the
Kinzaroff Lagoon has been designated by the State as a State
refuge, in accordance with the applicable laws (including
regulations) of the State.
(f) Designation of Road Corridor.--In designating the road
corridor described in subsection (b)(2)(B)(ii), the Secretary
shall--
(1) minimize the adverse impact of the road corridor on the
Refuge;
(2) transfer the minimum acreage of Federal land that is
required for the construction of the road corridor; and
(3) to the maximum extent practicable, incorporate into the
road corridor roads that are in existence as of the date of
enactment of this Act.
(g) Additional Terms and Conditions.--The land exchange
under subsection (a) shall be subject to any other term or
condition that the Secretary determines to be necessary.
SEC. 6403. KING COVE ROAD.
(a) Requirements Relating to Use, Barrier Cables, and
Dimensions.--
(1) Limitations on use.--
(A) In general.--Except as provided in subparagraph (B),
any portion of the road constructed on the Federal land
conveyed pursuant to this subtitle shall be used primarily
for health and safety purposes (including access to and from
the Cold Bay Airport) and only for noncommercial purposes.
(B) Exceptions.--Notwithstanding subparagraph (A), the use
of taxis, commercial vans for public transportation, and
shared rides (other than organized transportation of
employees to a business or other commercial facility) shall
be allowed on the road described in subparagraph (A).
(C) Requirement of agreement.--The limitations of the use
of the road described in this paragraph shall be enforced in
accordance with an agreement entered into between the
Secretary and the State.
(2) Requirement of barrier cable.--The road described in
paragraph (1)(A) shall be constructed to include a cable
barrier on each side of the road, as described in the record
of decision entitled ``Mitigation Measure MM-11, King Cove
Access Project Final Environmental Impact Statement Record of
Decision'' and dated January 22, 2004, unless a different
type barrier is required as a mitigation measure in the
Record of Decision for Final Environmental Impact Statement
required in section 6402(b)(2).
(3) Required dimensions and design features.--The road
described in paragraph (1)(A) shall--
(A) have a width of not greater than a single lane, in
accordance with the applicable road standards of the State;
(B) be constructed with gravel;
(C) be constructed to comply with any specific design
features identified in the Record of Decision for Final
Environmental Impact Statement required in section 6402(b)(2)
as Mitigation Measures relative to the passage and migration
of wildlife, and also the exchange of tidal flows, where
applicable, in accordance with applicable Federal and State
design standards; and
(D) if determined to be necessary, be constructed to
include appropriate safety pullouts.
(b) Support Facilities.--Support facilities for the road
described in subsection (a)(1)(A) shall not be located within
the Refuge.
(c) Federal Permits.--It is the intent of Congress that any
Federal permit required for construction of the road be
issued or denied not later than 1 year after the date of
application for the permit.
(d) Applicable Law.--Nothing in this section amends, or
modifies the application of, section 1110 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3170).
(e) Mitigation Plan.--
(1) In general.--Based on the evaluation of impacts
determined through the completion of the environmental impact
statement under section 6402(b)(2), the Secretary, in
consultation with the entities described in section
6402(b)(3)(B), shall develop an enforceable mitigation plan.
(2) Corrective modifications.--The Secretary may make
corrective modifications to the mitigation plan developed
under paragraph (1) if--
(A) the mitigation standards required under the mitigation
plan are maintained; and
(B) the Secretary provides an opportunity for public
comment with respect to any proposed corrective modification.
(3) Avoidance of wildlife impacts.--Road construction shall
adhere to any specific mitigation measures included in the
Record
[[Page 6989]]
of Decision for Final Environmental Impact Statement required
in section 6402(b)(2) that--
(A) identify critical periods during the calendar year when
the refuge is utilized by wildlife, especially migratory
birds; and
(B) include specific mandatory strategies to alter, limit
or halt construction activities during identified high risk
periods in order to minimize impacts to wildlife, and
(C) allow for the timely construction of the road.
(4) Mitigation of wetland loss.--The plan developed under
this subsection shall comply with section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) with regard to
minimizing, to the greatest extent practicable, the filling,
fragmentation or loss of wetlands, especially intertidal
wetlands, and shall evaluate mitigating effect of those
wetlands transferred in Federal ownership under the
provisions of this subtitle.
SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.
(1) Federal land.--Upon completion of the land exchange
under section 6402(a)--
(A) the boundary of the land designated as wilderness
within the Refuge shall be modified to exclude the Federal
land conveyed to the State under the land exchange; and
(B) the Federal land located on Sitkinak Island that is
withdrawn for use by the Coast Guard shall, at the request of
the State, be transferred by the Secretary to the State upon
the relinquishment or termination of the withdrawal.
(2) Non-federal land.--Upon completion of the land exchange
under section 6402(a), the non-Federal land conveyed to the
United States under this subtitle shall be--
(A) added to the Refuge or the Alaska Peninsula National
Wildlife Refuge, as appropriate, as generally depicted on the
map; and
(B) administered in accordance with the laws generally
applicable to units of the National Wildlife Refuge System.
(3) Wilderness additions.--
(A) In general.--Upon completion of the land exchange under
section 6402(a), approximately 43,093 acres of land as
generally depicted on the map shall be added to--
(i) the Izembek National Wildlife Refuge Wilderness; or
(ii) the Alaska Peninsula National Wildlife Refuge
Wilderness.
(B) Administration.--The land added as wilderness under
subparagraph (A) shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
and other applicable laws (including regulations).
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.
(a) Notification to Void Land Exchange.--If the Secretary,
the State, and the Corporation enter into the land exchange
authorized under section 6402(a), the State or the
Corporation may notify the Secretary in writing of the
intention of the State or Corporation to void the exchange if
construction of the road through the Refuge has not begun.
(b) Disposition of Land Exchange.--Upon the latter of the
date on which the Secretary receives a request under
subsection (a), and the date on which the Secretary
determines that the Federal land conveyed under the land
exchange under section 6402(a) has not been adversely
impacted (other than any nominal impact associated with the
preparation of an environmental impact statement under
section 6402(b)(2)), the land exchange shall be null and
void.
(c) Return of Prior Ownership Status of Federal and Non-
Federal Land.--If the land exchange is voided under
subsection (b)--
(1) the Federal land and non-Federal land shall be returned
to the respective ownership status of each land prior to the
land exchange;
(2) the parcel of the Federal land that is located in the
Refuge shall be managed as part of the Izembek National
Wildlife Refuge Wilderness; and
(3) each selection of the Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that
was relinquished under this subtitle shall be reinstated.
SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
(a) In General.--Any legislative authority for construction
of a road shall expire at the end of the 7-year period
beginning on the date of the enactment of this subtitle
unless a construction permit has been issued during that
period.
(b) Extension of Authority.--If a construction permit is
issued within the allotted period, the 7-year authority shall
be extended for a period of 5 additional years beginning on
the date of issuance of the construction permit.
(c) Extension of Authority as Result of Legal Challenges.--
(1) In general.--Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed
challenging the land exchange or construction of the road
(including a challenge to the NEPA process, decisions, or any
required permit process required to complete construction of
the road), the 7-year deadline or the five-year extension
period, as appropriate, shall be extended for a time period
equivalent to the time consumed by the full adjudication of
the legal challenge or related administrative process.
(2) Injunction.--After a construction permit has been
issued, if a court issues an injunction against construction
of the road, the 7-year deadline or 5-year extension, as
appropriate, shall be extended for a time period equivalent
to time period that the injunction is in effect.
(d) Applicability of Section 6405.--Upon the expiration of
the legislative authority under this section, if a road has
not been constructed, the land exchange shall be null and
void and the land ownership shall revert to the respective
ownership status prior to the land exchange as provided in
section 6405.
Subtitle F--Wolf Livestock Loss Demonstration Project
SEC. 6501. DEFINITIONS.
In this subtitle:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Livestock.--The term ``livestock'' means cattle, swine,
horses, mules, sheep, goats, livestock guard animals, and
other domestic animals, as determined by the Secretary.
(3) Program.--The term ``program'' means the demonstration
program established under section 6502(a).
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 6502. WOLF COMPENSATION AND PREVENTION PROGRAM.
(a) In General.--The Secretaries shall establish a 5-year
demonstration program to provide grants to States and Indian
tribes--
(1) to assist livestock producers in undertaking proactive,
non-lethal activities to reduce the risk of livestock loss
due to predation by wolves; and
(2) to compensate livestock producers for livestock losses
due to such predation.
(b) Criteria and Requirements.--The Secretaries shall--
(1) establish criteria and requirements to implement the
program; and
(2) when promulgating regulations to implement the program
under paragraph (1), consult with States that have
implemented State programs that provide assistance to--
(A) livestock producers to undertake proactive activities
to reduce the risk of livestock loss due to predation by
wolves; or
(B) provide compensation to livestock producers for
livestock losses due to such predation.
(c) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or Indian tribe shall--
(1) designate an appropriate agency of the State or Indian
tribe to administer the 1 or more programs funded by the
grant;
(2) establish 1 or more accounts to receive grant funds;
(3) maintain files of all claims received under programs
funded by the grant, including supporting documentation;
(4) submit to the Secretary--
(A) annual reports that include--
(i) a summary of claims and expenditures under the program
during the year; and
(ii) a description of any action taken on the claims; and
(B) such other reports as the Secretary may require to
assist the Secretary in determining the effectiveness of
activities provided assistance under this section; and
(5) promulgate rules for reimbursing livestock producers
under the program.
(d) Allocation of Funding.--The Secretaries shall allocate
funding made available to carry out this subtitle--
(1) equally between the uses identified in paragraphs (1)
and (2) of subsection (a); and
(2) among States and Indian tribes based on--
(A) the level of livestock predation in the State or on the
land owned by, or held in trust for the benefit of, the
Indian tribe;
(B) whether the State or Indian tribe is located in a
geographical area that is at high risk for livestock
predation; or
(C) any other factors that the Secretaries determine are
appropriate.
(e) Eligible Land.--Activities and losses described in
subsection (a) may occur on Federal, State, or private land,
or land owned by, or held in trust for the benefit of, an
Indian tribe.
(f) Federal Cost Share.--The Federal share of the cost of
any activity provided assistance made available under this
subtitle shall not exceed 50 percent of the total cost of the
activity.
SEC. 6503. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
subtitle $1,000,000 for fiscal year 2009 and each fiscal year
thereafter.
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW
JERSEY.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Paterson,
New Jersey.
(2) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Advisory Commission
established by subsection (e)(1).
(3) Historic district.--The term ``Historic District''
means the Great Falls Historic District in the State.
[[Page 6990]]
(4) Management plan.--The term ``management plan'' means
the management plan for the Park developed under subsection
(d).
(5) Map.--The term ``Map'' means the map entitled
``Paterson Great Falls National Historical Park-Proposed
Boundary'', numbered T03/80,001, and dated May 2008.
(6) Park.--The term ``Park'' means the Paterson Great Falls
National Historical Park established by subsection (b)(1)(A).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of New
Jersey.
(b) Paterson Great Falls National Historical Park.--
(1) Establishment.--
(A) In general.--Subject to subparagraph (B), there is
established in the State a unit of the National Park System
to be known as the ``Paterson Great Falls National Historical
Park''.
(B) Conditions for establishment.--The Park shall not be
established until the date on which the Secretary determines
that--
(i)(I) the Secretary has acquired sufficient land or an
interest in land within the boundary of the Park to
constitute a manageable unit; or
(II) the State or City, as appropriate, has entered into a
written agreement with the Secretary to donate--
(aa) the Great Falls State Park, including facilities for
Park administration and visitor services; or
(bb) any portion of the Great Falls State Park agreed to
between the Secretary and the State or City; and
(ii) the Secretary has entered into a written agreement
with the State, City, or other public entity, as appropriate,
providing that--
(I) land owned by the State, City, or other public entity
within the Historic District will be managed consistent with
this section; and
(II) future uses of land within the Historic District will
be compatible with the designation of the Park.
(2) Purpose.--The purpose of the Park is to preserve and
interpret for the benefit of present and future generations
certain historical, cultural, and natural resources
associated with the Historic District.
(3) Boundaries.--The Park shall include the following
sites, as generally depicted on the Map:
(A) The upper, middle, and lower raceways.
(B) Mary Ellen Kramer (Great Falls) Park and adjacent land
owned by the City.
(C) A portion of Upper Raceway Park, including the Ivanhoe
Wheelhouse and the Society for Establishing Useful
Manufactures Gatehouse.
(D) Overlook Park and adjacent land, including the Society
for Establishing Useful Manufactures Hydroelectric Plant and
Administration Building.
(E) The Allied Textile Printing site, including the Colt
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and
Todd Mill ruins.
(F) The Rogers Locomotive Company Erecting Shop, including
the Paterson Museum.
(G) The Great Falls Visitor Center.
(4) Availability of map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(5) Publication of notice.--Not later than 60 days after
the date on which the conditions in clauses (i) and (ii) of
paragraph (1)(B) are satisfied, the Secretary shall publish
in the Federal Register notice of the establishment of the
Park, including an official boundary map for the Park.
(c) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this section; and
(B) the laws generally applicable to units of the National
Park System, including--
(i) the National Park Service Organic Act (16 U.S.C. 1 et
seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(2) State and local jurisdiction.--Nothing in this section
enlarges, diminishes, or modifies any authority of the State,
or any political subdivision of the State (including the
City)--
(A) to exercise civil and criminal jurisdiction; or
(B) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
Park.
(3) Cooperative agreements.--
(A) In general.--As the Secretary determines to be
appropriate to carry out this section, the Secretary may
enter into cooperative agreements with the owner of the Great
Falls Visitor Center or any nationally significant properties
within the boundary of the Park under which the Secretary may
identify, interpret, restore, and provide technical
assistance for the preservation of the properties.
(B) Right of access.--A cooperative agreement entered into
under subparagraph (A) shall provide that the Secretary,
acting through the Director of the National Park Service,
shall have the right of access at all reasonable times to all
public portions of the property covered by the agreement for
the purposes of--
(i) conducting visitors through the properties; and
(ii) interpreting the properties for the public.
(C) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under subparagraph (A) unless the
Secretary and the other party to the agreement agree to the
changes or alterations.
(D) Conversion, use, or disposal.--Any payment made by the
Secretary under this paragraph shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this section, as
determined by the Secretary, shall entitle the United States
to reimbursement in amount equal to the greater of--
(i) the amounts made available to the project by the United
States; or
(ii) the portion of the increased value of the project
attributable to the amounts made available under this
paragraph, as determined at the time of the conversion, use,
or, disposal.
(E) Matching funds.--
(i) In general.--As a condition of the receipt of funds
under this paragraph, the Secretary shall require that any
Federal funds made available under a cooperative agreement
shall be matched on a 1-to-1 basis by non-Federal funds.
(ii) Form.--With the approval of the Secretary, the non-
Federal share required under clause (i) may be in the form of
donated property, goods, or services from a non-Federal
source.
(4) Acquisition of land.--
(A) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by
donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
(B) Donation of state owned land.--Land or interests in
land owned by the State or any political subdivision of the
State may only be acquired by donation.
(5) Technical assistance and public interpretation.--The
Secretary may provide technical assistance and public
interpretation of related historic and cultural resources
within the boundary of the Historic District.
(d) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary, in consultation with the
Commission, shall complete a management plan for the Park in
accordance with--
(A) section 12(b) of Public Law 91-383 (commonly known as
the ``National Park Service General Authorities Act'') (16
U.S.C. 1a-7(b)); and
(B) other applicable laws.
(2) Cost share.--The management plan shall include
provisions that identify costs to be shared by the Federal
Government, the State, and the City, and other public or
private entities or individuals for necessary capital
improvements to, and maintenance and operations of, the Park.
(3) Submission to congress.--On completion of the
management plan, the Secretary shall submit the management
plan to--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(e) Paterson Great Falls National Historical Park Advisory
Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Paterson Great Falls National Historical Park
Advisory Commission''.
(2) Duties.--The duties of the Commission shall be to
advise the Secretary in the development and implementation of
the management plan.
(3) Membership.--
(A) Composition.--The Commission shall be composed of 9
members, to be appointed by the Secretary, of whom--
(i) 4 members shall be appointed after consideration of
recommendations submitted by the Governor of the State;
(ii) 2 members shall be appointed after consideration of
recommendations submitted by the City Council of Paterson,
New Jersey;
(iii) 1 member shall be appointed after consideration of
recommendations submitted by the Board of Chosen Freeholders
of Passaic County, New Jersey; and
(iv) 2 members shall have experience with national parks
and historic preservation.
(B) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(i) the date that is 30 days after the date on which the
Secretary has received all of the recommendations for
appointments under subparagraph (A); or
(ii) the date that is 30 days after the Park is established
in accordance with subsection (b).
(4) Term; vacancies.--
(A) Term.--
(i) In general.--A member shall be appointed for a term of
3 years.
(ii) Reappointment.--A member may be reappointed for not
more than 1 additional term.
(B) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
[[Page 6991]]
(5) Meetings.--The Commission shall meet at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(6) Quorum.--A majority of the Commission shall constitute
a quorum.
(7) Chairperson and vice chairperson.--
(A) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the
Commission.
(B) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(C) Term.--A member may serve as Chairperson or Vice
Chairman for not more than 1 year in each office.
(8) Commission personnel matters.--
(A) Compensation of members.--
(i) In general.--Members of the Commission shall serve
without compensation.
(ii) Travel expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(B) Staff.--
(i) In general.--The Secretary shall provide the Commission
with any staff members and technical assistance that the
Secretary, after consultation with the Commission, determines
to be appropriate to enable the Commission to carry out the
duties of the Commission.
(ii) Detail of employees.--The Secretary may accept the
services of personnel detailed from--
(I) the State;
(II) any political subdivision of the State; or
(III) any entity represented on the Commission.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) Termination.--The Commission shall terminate 10 years
after the date of enactment of this Act.
(f) Study of Hinchliffe Stadium.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
section, the Secretary shall complete a study regarding the
preservation and interpretation of Hinchliffe Stadium, which
is listed on the National Register of Historic Places.
(2) Inclusions.--The study shall include an assessment of--
(A) the potential for listing the stadium as a National
Historic Landmark; and
(B) options for maintaining the historic integrity of
Hinchliffe Stadium.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME NATIONAL
HISTORIC SITE.
(a) Acquisition of Property; Establishment of Historic
Site.--Should the Secretary of the Interior acquire, by
donation only from the Clinton Birthplace Foundation, Inc.,
fee simple, unencumbered title to the William Jefferson
Clinton Birthplace Home site located at 117 South Hervey
Street, Hope, Arkansas, 71801, and to any personal property
related to that site, the Secretary shall designate the
William Jefferson Clinton Birthplace Home site as a National
Historic Site and unit of the National Park System, to be
known as the ``President William Jefferson Clinton Birthplace
Home National Historic Site''.
(b) Applicability of Other Laws.--The Secretary shall
administer the President William Jefferson Clinton Birthplace
Home National Historic Site in accordance with the laws
generally applicable to national historic sites, including
the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916
(16 U.S.C. 1-4), and the Act entitled ``An Act to provide for
the preservation of historic American sites, buildings,
objects and antiquities of national significance, and for
other purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.).
SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK.
(a) Establishment.--
(1) In general.--If Monroe County or Wayne County,
Michigan, or other willing landowners in either County offer
to donate to the United States land relating to the Battles
of the River Raisin on January 18 and 22, 1813, or the
aftermath of the battles, the Secretary of the Interior
(referred to in this section as the ``Secretary'') shall
accept the donated land.
(2) Designation of park.--On the acquisition of land under
paragraph (1) that is of sufficient acreage to permit
efficient administration, the Secretary shall designate the
acquired land as a unit of the National Park System, to be
known as the ``River Raisin National Battlefield Park''
(referred to in this section as the ``Park'').
(3) Legal description.--
(A) In general.--The Secretary shall prepare a legal
description of the land and interests in land designated as
the Park by paragraph (2).
(B) Availability of map and legal description.--A map with
the legal description shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(b) Administration.--
(1) In general.--The Secretary shall manage the Park for
the purpose of preserving and interpreting the Battles of the
River Raisin in accordance with the National Park Service
Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21,
1935 (16 U.S.C. 461 et seq.).
(2) General management plan.--
(A) In general.--Not later than 3 years after the date on
which funds are made available, the Secretary shall complete
a general management plan for the Park that, among other
things, defines the role and responsibility of the Secretary
with regard to the interpretation and the preservation of the
site.
(B) Consultation.--The Secretary shall consult with and
solicit advice and recommendations from State, county, local,
and civic organizations and leaders, and other interested
parties in the preparation of the management plan.
(C) Inclusions.--The plan shall include--
(i) consideration of opportunities for involvement by and
support for the Park by State, county, and local governmental
entities and nonprofit organizations and other interested
parties; and
(ii) steps for the preservation of the resources of the
site and the costs associated with these efforts.
(D) Submission to congress.--On the completion of the
general management plan, the Secretary shall submit a copy of
the plan to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with State, county, local, and civic
organizations to carry out this section.
(c) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House a report
describing the progress made with respect to acquiring real
property under this section and designating the River Raisin
National Battlefield Park.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
Subtitle B--Amendments to Existing Units of the National Park System
SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.
(a) Acquisition of Property.--Section 4 of Public Law 102-
543 (16 U.S.C. 410yy-3) is amended by striking subsection
(d).
(b) Matching Funds.--Section 8(b) of Public Law 102-543 (16
U.S.C. 410yy-7(b)) is amended by striking ``$4'' and
inserting ``$1''.
(c) Authorization of Appropriations.--Section 10 of Public
Law 102-543 (16 U.S.C. 410yy-9) is amended--
(1) in subsection (a)--
(A) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``$3,000,000'' and inserting
``$25,000,000''; and
(2) in subsection (b), by striking ``$100,000'' and all
that follows through ``those duties'' and inserting
``$250,000''.
SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES
FOR WEIR FARM NATIONAL HISTORIC SITE.
Section 4(d) of the Weir Farm National Historic Site
Establishment Act of 1990 (16 U.S.C. 461 note) is amended--
(1) in paragraph (1)(B), by striking ``contiguous to'' and
all that follows and inserting ``within Fairfield County.'';
(2) by amending paragraph (2) to read as follows:
``(2) Development.--
``(A) Maintaining natural character.--The Secretary shall
keep development of the property acquired under paragraph (1)
to a minimum so that the character of the acquired property
will be similar to the natural and undeveloped landscape of
the property described in subsection (b).
``(B) Treatment of previously developed property.--Nothing
in subparagraph (A) shall either prevent the Secretary from
acquiring property under paragraph (1) that, prior to the
Secretary's acquisition, was developed in a manner
inconsistent with subparagraph (A), or require the Secretary
to remediate such previously developed property to reflect
the natural character described in subparagraph (A).''; and
(3) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``the appropriate zoning authority'' and all
that follows through ``Wilton, Connecticut,'' and inserting
``the local governmental entity that, in accordance with
applicable State law, has jurisdiction over any property
acquired under paragraph (1)(A)''.
SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY
EXPANSION.
Section 2 of the Little River Canyon National Preserve Act
of 1992 (16 U.S.C. 698q) is amended--
[[Page 6992]]
(1) in subsection (b)--
(A) by striking ``The Preserve'' and inserting the
following:
``(1) In general.--The Preserve''; and
(B) by adding at the end the following:
``(2) Boundary expansion.--The boundary of the Preserve is
modified to include the land depicted on the map entitled
`Little River Canyon National Preserve Proposed Boundary',
numbered 152/80,004, and dated December 2007.''; and
(2) in subsection (c), by striking ``map'' and inserting
``maps''.
SEC. 7104. HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY
EXPANSION.
Section 2 of the Act entitled ``An Act to rename and expand
the boundaries of the Mound City Group National Monument in
Ohio'', approved May 27, 1992 (106 Stat. 185), is amended--
(1) by striking ``and'' at the end of subsection (a)(3);
(2) by striking the period at the end of subsection (a)(4)
and inserting ``; and'';
(3) by adding after subsection (a)(4) the following new
paragraph:
``(5) the map entitled `Hopewell Culture National
Historical Park, Ohio Proposed Boundary Adjustment' numbered
353/80,049 and dated June, 2006.''; and
(4) by adding after subsection (d)(2) the following new
paragraph:
``(3) The Secretary may acquire lands added by subsection
(a)(5) only from willing sellers.''.
SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE
BOUNDARY ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230) is amended in the
second sentence by striking ``of approximately twenty
thousand acres generally depicted on the map entitled
`Barataria Marsh Unit-Jean Lafitte National Historical Park
and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary
Map, Barataria Preserve Unit, Jean Lafitte National
Historical Park and Preserve', numbered 467/80100A, and dated
December 2007,''.
(b) Acquisition of Land.--Section 902 of the National Parks
and Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that follows
through the first sentence and inserting the following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any land,
water, and interests in land and water within the Barataria
Preserve Unit by donation, purchase with donated or
appropriated funds, transfer from any other Federal agency,
or exchange.
``(B) Limitations.--
``(i) In general.--Any non-Federal land depicted on the map
described in section 901 as `Lands Proposed for Addition' may
be acquired by the Secretary only with the consent of the
owner of the land.
``(ii) Boundary adjustment.--On the date on which the
Secretary acquires a parcel of land described in clause (i),
the boundary of the Barataria Preserve Unit shall be adjusted
to reflect the acquisition.
``(iii) Easements.--To ensure adequate hurricane protection
of the communities located in the area, any land identified
on the map described in section 901 that is acquired or
transferred shall be subject to any easements that have been
agreed to by the Secretary and the Secretary of the Army.
``(C) Transfer of administration jurisdiction.--Effective
on the date of enactment of the Omnibus Public Land
Management Act of 2009, administrative jurisdiction over any
Federal land within the areas depicted on the map described
in section 901 as `Lands Proposed for Addition' is
transferred, without consideration, to the administrative
jurisdiction of the National Park Service, to be administered
as part of the Barataria Preserve Unit.'';
(B) in the second sentence, by striking ``The Secretary may
also acquire by any of the foregoing methods'' and inserting
the following:
``(2) French quarter.--The Secretary may acquire by any of
the methods referred to in paragraph (1)(A)'';
(C) in the third sentence, by striking ``Lands, waters, and
interests therein'' and inserting the following:
``(3) Acquisition of state land.--Land, water, and
interests in land and water''; and
(D) in the fourth sentence, by striking ``In acquiring''
and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Resource Protection.--With respect to the land,
water, and interests in land and water of the Barataria
Preserve Unit, the Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems;
and
``(4) water and air quality.
``(c) Adjacent Land.--With the consent of the owner and the
parish governing authority, the Secretary may--
``(1) acquire land, water, and interests in land and water,
by any of the methods referred to in subsection (a)(1)(A)
(including use of appropriations from the Land and Water
Conservation Fund); and
``(2) revise the boundaries of the Barataria Preserve Unit
to include adjacent land and water.''; and
(3) by redesignating subsection (g) as subsection (d).
(c) Definition of Improved Property.--Section 903 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is
amended in the fifth sentence by inserting ``(or January 1,
2007, for areas added to the park after that date)'' after
``January 1, 1977''.
(d) Hunting, Fishing, and Trapping.--Section 905 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is
amended in the first sentence by striking ``, except that
within the core area and on those lands acquired by the
Secretary pursuant to section 902(c) of this title, he'' and
inserting ``on land, and interests in land and water managed
by the Secretary, except that the Secretary''.
(e) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
(f) References in Law.--
(1) In general.--Any reference in a law (including
regulations), map, document, paper, or other record of the
United States--
(A) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(B) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(2) Conforming amendments.--Title IX of the National Parks
and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is
amended--
(A) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(B) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''.
SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Minute
Man National Historical Park Proposed Boundary'', numbered
406/81001, and dated July 2007.
(2) Park.--The term ``Park'' means the Minute Man National
Historical Park in the State of Massachusetts.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Minute Man National Historical Park.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Park is modified to
include the area generally depicted on the map.
(B) Availability of map.--The map shall be on file and
available for inspection in the appropriate offices of the
National Park Service.
(2) Acquisition of land.--The Secretary may acquire the
land or an interest in the land described in paragraph (1)(A)
by--
(A) purchase from willing sellers with donated or
appropriated funds;
(B) donation; or
(C) exchange.
(3) Administration of land.--The Secretary shall administer
the land added to the Park under paragraph (1)(A) in
accordance with applicable laws (including regulations).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7107. EVERGLADES NATIONAL PARK.
(a) Inclusion of Tarpon Basin Property.--
(1) Definitions.--In this subsection:
(A) Hurricane hole.--The term ``Hurricane Hole'' means the
natural salt-water body of water within the Duesenbury Tracts
of the eastern parcel of the Tarpon Basin boundary adjustment
and accessed by Duesenbury Creek.
(B) Map.--The term ``map'' means the map entitled
``Proposed Tarpon Basin Boundary Revision'', numbered 160/
80,012, and dated May 2008.
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(D) Tarpon basin property.--The term ``Tarpon Basin
property'' means land that--
(i) is comprised of approximately 600 acres of land and
water surrounding Hurricane Hole, as generally depicted on
the map; and
(ii) is located in South Key Largo.
(2) Boundary revision.--
(A) In general.--The boundary of the Everglades National
Park is adjusted to include the Tarpon Basin property.
(B) Acquisition authority.--The Secretary may acquire from
willing sellers by donation, purchase with donated or
appropriated funds, or exchange, land, water, or interests in
land and water, within the area depicted on the map, to be
added to Everglades National Park.
(C) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
[[Page 6993]]
(D) Administration.--Land added to Everglades National Park
by this section shall be administered as part of Everglades
National Park in accordance with applicable laws (including
regulations).
(3) Hurricane hole.--The Secretary may allow use of
Hurricane Hole by sailing vessels during emergencies, subject
to such terms and conditions as the Secretary determines to
be necessary.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection.
(b) Land Exchanges.--
(1) Definitions.--In this subsection:
(A) Company.--The term ``Company'' means Florida Power &
Light Company.
(B) Federal land.--The term ``Federal Land'' means the
parcels of land that are--
(i) owned by the United States;
(ii) administered by the Secretary;
(iii) located within the National Park; and
(iv) generally depicted on the map as--
(I) Tract A, which is adjacent to the Tamiami Trail, U.S.
Rt. 41; and
(II) Tract B, which is located on the eastern boundary of
the National Park.
(C) Map.--The term ``map'' means the map prepared by the
National Park Service, entitled ``Proposed Land Exchanges,
Everglades National Park'', numbered 160/60411A, and dated
September 2008.
(D) National park.--The term ``National Park'' means the
Everglades National Park located in the State.
(E) Non-federal land.--The term ``non-Federal land'' means
the land in the State that--
(i) is owned by the State, the specific area and location
of which shall be determined by the State; or
(ii)(I) is owned by the Company;
(II) comprises approximately 320 acres; and
(III) is located within the East Everglades Acquisition
Area, as generally depicted on the map as ``Tract D''.
(F) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(G) State.--The term ``State'' means the State of Florida
and political subdivisions of the State, including the South
Florida Water Management District.
(2) Land exchange with state.--
(A) In general.--Subject to the provisions of this
paragraph, if the State offers to convey to the Secretary all
right, title, and interest of the State in and to specific
parcels of non-Federal land, and the offer is acceptable to
the Secretary, the Secretary may, subject to valid existing
rights, accept the offer and convey to the State all right,
title, and interest of the United States in and to the
Federal land generally depicted on the map as ``Tract A''.
(B) Conditions.--The land exchange under subparagraph (A)
shall be subject to such terms and conditions as the
Secretary may require.
(C) Valuation.--
(i) In general.--The values of the land involved in the
land exchange under subparagraph (A) shall be equal.
(ii) Equalization.--If the values of the land are not
equal, the values may be equalized by donation, payment using
donated or appropriated funds, or the conveyance of
additional parcels of land.
(D) Appraisals.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal
land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(E) Technical corrections.--Subject to the agreement of the
State, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of
the Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
(F) Administration of land acquired by secretary.--Land
acquired by the Secretary under subparagraph (A) shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the laws applicable
to the National Park System.
(3) Land exchange with company.--
(A) In general.--Subject to the provisions of this
paragraph, if the Company offers to convey to the Secretary
all right, title, and interest of the Company in and to the
non-Federal land generally depicted on the map as ``Tract
D'', and the offer is acceptable to the Secretary, the
Secretary may, subject to valid existing rights, accept the
offer and convey to the Company all right, title, and
interest of the United States in and to the Federal land
generally depicted on the map as ``Tract B'', along with a
perpetual easement on a corridor of land contiguous to Tract
B for the purpose of vegetation management.
(B) Conditions.--The land exchange under subparagraph (A)
shall be subject to such terms and conditions as the
Secretary may require.
(C) Valuation.--
(i) In general.--The values of the land involved in the
land exchange under subparagraph (A) shall be equal unless
the non-Federal land is of higher value than the Federal
land.
(ii) Equalization.--If the values of the land are not
equal, the values may be equalized by donation, payment using
donated or appropriated funds, or the conveyance of
additional parcels of land.
(D) Appraisal.--Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal
land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(E) Technical corrections.--Subject to the agreement of the
Company, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of
the Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
(F) Administration of land acquired by secretary.--Land
acquired by the Secretary under subparagraph (A) shall--
(i) become part of the National Park; and
(ii) be administered in accordance with the laws applicable
to the National Park System.
(4) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
(5) Boundary revision.--On completion of the land exchanges
authorized by this subsection, the Secretary shall adjust the
boundary of the National Park accordingly, including removing
the land conveyed out of Federal ownership.
SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK.
(a) In General.--The Secretary of the Interior shall
authorize Ka `Ohana O Kalaupapa, a non-profit organization
consisting of patient residents at Kalaupapa National
Historical Park, and their family members and friends, to
establish a memorial at a suitable location or locations
approved by the Secretary at Kalawao or Kalaupapa within the
boundaries of Kalaupapa National Historical Park located on
the island of Molokai, in the State of Hawaii, to honor and
perpetuate the memory of those individuals who were forcibly
relocated to Kalaupapa Peninsula from 1866 to 1969.
(b) Design.--
(1) In general.--The memorial authorized by subsection (a)
shall--
(A) display in an appropriate manner the names of the first
5,000 individuals sent to the Kalaupapa Peninsula between
1866 and 1896, most of whom lived at Kalawao; and
(B) display in an appropriate manner the names of the
approximately 3,000 individuals who arrived at Kalaupapa in
the second part of its history, when most of the community
was concentrated on the Kalaupapa side of the peninsula.
(2) Approval.--The location, size, design, and inscriptions
of the memorial authorized by subsection (a) shall be subject
to the approval of the Secretary of the Interior.
(c) Funding.--Ka `Ohana O Kalaupapa, a nonprofit
organization, shall be solely responsible for acceptance of
contributions for and payment of the expenses associated with
the establishment of the memorial.
SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
(a) Cooperative Agreements.--Section 1029(d) of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(d)) is amended by striking paragraph (3) and inserting
the following:
``(3) Agreements.--
``(A) Definition of eligible entity.--In this paragraph,
the term `eligible entity' means--
``(i) the Commonwealth of Massachusetts;
``(ii) a political subdivision of the Commonwealth of
Massachusetts; or
``(iii) any other entity that is a member of the Boston
Harbor Islands Partnership described in subsection (e)(2).
``(B) Authority of secretary.--Subject to subparagraph (C),
the Secretary may consult with an eligible entity on, and
enter into with the eligible entity--
``(i) a cooperative management agreement to acquire from,
and provide to, the eligible entity goods and services for
the cooperative management of land within the recreation
area; and
``(ii) notwithstanding section 6305 of title 31, United
States Code, a cooperative agreement for the construction of
recreation area facilities on land owned by an eligible
entity for purposes consistent with the management plan under
subsection (f).
``(C) Conditions.--The Secretary may enter into an
agreement with an eligible entity under subparagraph (B) only
if the Secretary determines that--
``(i) appropriations for carrying out the purposes of the
agreement are available; and
``(ii) the agreement is in the best interests of the United
States.''.
(b) Technical Amendments.--
(1) Membership.--Section 1029(e)(2)(B) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(e)(2)(B)) is amended by striking ``Coast Guard'' and
inserting ``Coast Guard.''.
(2) Donations.--Section 1029(e)(11) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(e)(11)) is amended by striking ``Nothwithstanding''
and inserting ``Notwithstanding''.
[[Page 6994]]
SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW
JERSEY.
(a) Purposes.--The purposes of this section are--
(1) to recognize and pay tribute to Thomas Alva Edison and
his innovations; and
(2) to preserve, protect, restore, and enhance the Edison
National Historic Site to ensure public use and enjoyment of
the Site as an educational, scientific, and cultural center.
(b) Establishment.--
(1) In general.--There is established the Thomas Edison
National Historical Park as a unit of the National Park
System (referred to in this section as the ``Historical
Park'').
(2) Boundaries.--The Historical Park shall be comprised of
all property owned by the United States in the Edison
National Historic Site as well as all property authorized to
be acquired by the Secretary of the Interior (referred to in
this section as the ``Secretary'') for inclusion in the
Edison National Historic Site before the date of the
enactment of this Act, as generally depicted on the map
entitled the ``Thomas Edison National Historical Park'',
numbered 403/80,000, and dated April 2008.
(3) Map.--The map of the Historical Park shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
Historical Park in accordance with this section and with the
provisions of law generally applicable to units of the
National Park System, including the Acts entitled ``An Act to
establish a National Park Service, and for other purposes,''
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.)
and ``An Act to provide for the preservation of historic
American sites, buildings, objects, and antiquities of
national significance, and for other purposes,'' approved
August 21, 1935 (16 U.S.C. 461 et seq.).
(2) Acquisition of property.--
(A) Real property.--The Secretary may acquire land or
interests in land within the boundaries of the Historical
Park, from willing sellers only, by donation, purchase with
donated or appropriated funds, or exchange.
(B) Personal property.--The Secretary may acquire personal
property associated with, and appropriate for, interpretation
of the Historical Park.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with interested entities
and individuals to provide for the preservation, development,
interpretation, and use of the Historical Park.
(4) Repeal of superseded law.--Public Law 87-628 (76 Stat.
428), regarding the establishment and administration of the
Edison National Historic Site, is repealed.
(5) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Edison National Historic Site'' shall be deemed to be a
reference to the ``Thomas Edison National Historical Park''.
(d) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 7111. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.
(a) Votes for Women Trail.--Title XVI of Public Law 96-607
(16 U.S.C. 410ll) is amended by adding at the end the
following:
``SEC. 1602. VOTES FOR WOMEN TRAIL.
``(a) Definitions.--In this section:
``(1) Park.--The term `Park' means the Women's Rights
National Historical Park established by section 1601.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
``(3) State.--The term `State' means the State of New York.
``(4) Trail.--The term `Trail' means the Votes for Women
History Trail Route designated under subsection (b).
``(b) Establishment of Trail Route.--The Secretary, with
concurrence of the agency having jurisdiction over the
relevant roads, may designate a vehicular tour route, to be
known as the `Votes for Women History Trail Route', to link
properties in the State that are historically and
thematically associated with the struggle for women's
suffrage in the United States.
``(c) Administration.--The Trail shall be administered by
the National Park Service through the Park.
``(d) Activities.--To facilitate the establishment of the
Trail and the dissemination of information regarding the
Trail, the Secretary shall--
``(1) produce and disseminate appropriate educational
materials regarding the Trail, such as handbooks, maps,
exhibits, signs, interpretive guides, and electronic
information;
``(2) coordinate the management, planning, and standards of
the Trail in partnership with participating properties, other
Federal agencies, and State and local governments;
``(3) create and adopt an official, uniform symbol or
device to mark the Trail; and
``(4) issue guidelines for the use of the symbol or device
adopted under paragraph (3).
``(e) Elements of Trail Route.--Subject to the consent of
the owner of the property, the Secretary may designate as an
official stop on the Trail--
``(1) all units and programs of the Park relating to the
struggle for women's suffrage;
``(2) other Federal, State, local, and privately owned
properties that the Secretary determines have a verifiable
connection to the struggle for women's suffrage; and
``(3) other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be
directly related to the struggle for women's suffrage.
``(f) Cooperative Agreements and Memoranda of
Understanding.--
``(1) In general.--To facilitate the establishment of the
Trail and to ensure effective coordination of the Federal and
non-Federal properties designated as stops along the Trail,
the Secretary may enter into cooperative agreements and
memoranda of understanding with, and provide technical and
financial assistance to, other Federal agencies, the State,
localities, regional governmental bodies, and private
entities.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as
are necessary for the period of fiscal years 2009 through
2013 to provide financial assistance to cooperating entities
pursuant to agreements or memoranda entered into under
paragraph (1).''.
(b) National Women's Rights History Project National
Registry.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') may make annual grants
to State historic preservation offices for not more than 5
years to assist the State historic preservation offices in
surveying, evaluating, and nominating to the National
Register of Historic Places women's rights history
properties.
(2) Eligibility.--In making grants under paragraph (1), the
Secretary shall give priority to grants relating to
properties associated with the multiple facets of the women's
rights movement, such as politics, economics, education,
religion, and social and family rights.
(3) Updates.--The Secretary shall ensure that the National
Register travel itinerary website entitled ``Places Where
Women Made History'' is updated to contain--
(A) the results of the inventory conducted under paragraph
(1); and
(B) any links to websites related to places on the
inventory.
(4) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this subsection shall be 50 percent.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,000,000 for each of fiscal years 2009 through
2013.
(c) National Women's Rights History Project Partnerships
Network.--
(1) Grants.--The Secretary may make matching grants and
give technical assistance for development of a network of
governmental and nongovernmental entities (referred to in
this subsection as the ``network''), the purpose of which is
to provide interpretive and educational program development
of national women's rights history, including historic
preservation.
(2) Management of network.--
(A) In general.--The Secretary shall, through a competitive
process, designate a nongovernmental managing network to
manage the network.
(B) Coordination.--The nongovernmental managing entity
designated under subparagraph (A) shall work in partnership
with the Director of the National Park Service and State
historic preservation offices to coordinate operation of the
network.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the cost of any
activity carried out using any assistance made available
under this subsection shall be 50 percent.
(B) State historic preservation offices.--Matching grants
for historic preservation specific to the network may be made
available through State historic preservation offices.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,000,000 for each of fiscal years 2009 through
2013.
SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Martin Van Buren National Historic Site in the State of New
York established by Public Law 93-486 (16 U.S.C. 461 note) on
October 26, 1974.
(2) Map.--The term ``map'' means the map entitled
``Boundary Map, Martin Van Buren National Historic Site'',
numbered ``460/80801'', and dated January 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Boundary Adjustments to the Historic Site.--
(1) Boundary adjustment.--The boundary of the historic site
is adjusted to include approximately 261 acres of land
identified as the ``PROPOSED PARK BOUNDARY'', as generally
depicted on the map.
[[Page 6995]]
(2) Acquisition authority.--The Secretary may acquire the
land and any interests in the land described in paragraph (1)
from willing sellers by donation, purchase with donated or
appropriated funds, or exchange.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(4) Administration.--Land acquired for the historic site
under this section shall be administered as part of the
historic site in accordance with applicable law (including
regulations).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.
(a) Designation of Palo Alto Battlefield National
Historical Park.--
(1) In general.--The Palo Alto Battlefield National
Historic Site shall be known and designated as the ``Palo
Alto Battlefield National Historical Park''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
historic site referred to in subsection (a) shall be deemed
to be a reference to the Palo Alto Battlefield National
Historical Park.
(3) Conforming amendments.--The Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 461 note;
Public Law 102-304) is amended--
(A) by striking ``National Historic Site'' each place it
appears and inserting ``National Historical Park'';
(B) in the heading for section 3, by striking ``NATIONAL
HISTORIC SITE'' and inserting ``NATIONAL HISTORICAL PARK'';
and
(C) by striking ``historic site'' each place it appears and
inserting ``historical park''.
(b) Boundary Expansion, Palo Alto Battlefield National
Historical Park, Texas.--Section 3(b) of the Palo Alto
Battlefield National Historic Site Act of 1991 (16 U.S.C. 461
note; Public Law 102-304) (as amended by subsection (a)) is
amended--
(1) in paragraph (1), by striking ``(1) The historical
park'' and inserting the following:
``(1) In general.--The historical park'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Additional land.--
``(A) In general.--In addition to the land described in
paragraph (1), the historical park shall consist of
approximately 34 acres of land, as generally depicted on the
map entitled `Palo Alto Battlefield NHS Proposed Boundary
Expansion', numbered 469/80,012, and dated May 21, 2008.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.''; and
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ``(3) Within'' and inserting the following:
``(3) Legal description.--Not later than''; and
(B) in the second sentence, by striking ``map referred to
in paragraph (1)'' and inserting ``maps referred to in
paragraphs (1) and (2)''.
SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL
PARK.
(a) Designation.--The Abraham Lincoln Birthplace National
Historic Site in the State of Kentucky shall be known and
designated as the ``Abraham Lincoln Birthplace National
Historical Park''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Abraham Lincoln Birthplace National Historic Site shall be
deemed to be a reference to the ``Abraham Lincoln Birthplace
National Historical Park''.
SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.
Section 1106 of the National Parks and Recreation Act of
1978 (16 U.S.C. 460m-20) is amended in the first sentence by
striking ``may'' and inserting ``shall''.
SEC. 7116. TECHNICAL CORRECTIONS.
(a) Gaylord Nelson Wilderness.--
(1) Redesignation.--Section 140 of division E of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note;
Public Law 108-447), is amended--
(A) in subsection (a), by striking ``Gaylord A. Nelson''
and inserting ``Gaylord Nelson''; and
(B) in subsection (c)(4), by striking ``Gaylord A. Nelson
Wilderness'' and inserting ``Gaylord Nelson Wilderness''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Gaylord A. Nelson Wilderness'' shall be deemed to be a
reference to the ``Gaylord Nelson Wilderness''.
(b) Arlington House Land Transfer.--Section 2863(h)(1) of
Public Law 107-107 (115 Stat. 1333) is amended by striking
``the George Washington Memorial Parkway'' and inserting
``Arlington House, The Robert E. Lee Memorial,''.
(c) Cumberland Island Wilderness.--Section 2(a)(1) of
Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is
amended by striking ``numbered 640/20,038I, and dated
September 2004'' and inserting ``numbered 640/20,038K, and
dated September 2005''.
(d) Petrified Forest Boundary.--Section 2(1) of the
Petrified Forest National Park Expansion Act of 2004 (16
U.S.C. 119 note; Public Law 108-430) is amended by striking
``numbered 110/80,044, and dated July 2004'' and inserting
``numbered 110/80,045, and dated January 2005''.
(e) Commemorative Works Act.--Chapter 89 of title 40,
United States Code, is amended--
(1) in section 8903(d), by inserting ``Natural'' before
``Resources'';
(2) in section 8904(b), by inserting ``Advisory'' before
``Commission''; and
(3) in section 8908(b)(1)--
(A) in the first sentence, by inserting ``Advisory'' before
``Commission''; and
(B) in the second sentence, by striking ``House
Administration'' and inserting ``Natural Resources''.
(f) Captain John Smith Chesapeake National Historic
Trail.--Section 5(a)(25)(A) of the National Trails System Act
(16 U.S.C. 1244(a)(25)(A)) is amended by striking ``The John
Smith'' and inserting ``The Captain John Smith''.
(g) Delaware National Coastal Special Resource Study.--
Section 604 of the Delaware National Coastal Special
Resources Study Act (Public Law 109-338; 120 Stat. 1856) is
amended by striking ``under section 605''.
(h) Use of Recreation Fees.--Section 808(a)(1)(F) of the
Federal Lands Recreation Enhancement Act (16 U.S.C.
6807(a)(1)(F)) is amended by striking ``section 6(a)'' and
inserting ``section 806(a)''.
(i) Crossroads of the American Revolution National Heritage
Area.--Section 297F(b)(2)(A) of the Crossroads of the
American Revolution National Heritage Area Act of 2006
(Public Law 109-338; 120 Stat. 1844) is amended by inserting
``duties'' before ``of the''.
(j) Cuyahoga Valley National Park.--Section 474(12) of the
Consolidated Natural Resources Act of 2008 (Public Law 1110-
229; 122 Stat. 827) is amended by striking ``Cayohoga'' each
place it appears and inserting ``Cuyahoga''.
(k) Pennsylvania Avenue National Historic Site.--
(1) Name on map.--Section 313(d)(1)(B) of the Department of
the Interior and Related Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321-199; 40 U.S.C. 872 note)
is amended by striking ``map entitled `Pennsylvania Avenue
National Historic Park', dated June 1, 1995, and numbered
840-82441'' and inserting ``map entitled `Pennsylvania Avenue
National Historic Site', dated August 25, 2008, and numbered
840-82441B''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Pennsylvania Avenue National Historic Park shall be deemed to
be a reference to the ``Pennsylvania Avenue National Historic
Site''.
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK,
OHIO.
(a) Additional Areas Included in Park.--Section 101 of the
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C.
410ww, et seq.) is amended by adding at the end the
following:
``(c) Additional Sites.--In addition to the sites described
in subsection (b), the park shall consist of the following
sites, as generally depicted on a map titled `Dayton Aviation
Heritage National Historical Park', numbered 362/80,013 and
dated May 2008:
``(1) Hawthorn Hill, Oakwood, Ohio.
``(2) The Wright Company factory and associated land and
buildings, Dayton, Ohio.''.
(b) Protection of Historic Properties.--Section 102 of the
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C.
410ww-1) is amended--
(1) in subsection (a), by inserting ``Hawthorn Hill, the
Wright Company factory,'' after ``, acquire'';
(2) in subsection (b), by striking ``Such agreements'' and
inserting:
``(d) Conditions.--Cooperative agreements under this
section'';
(3) by inserting before subsection (d) (as added by
paragraph 2) the following:
``(c) Cooperative Agreements.--The Secretary is authorized
to enter into a cooperative agreement with a partner or
partners, including the Wright Family Foundation, to operate
and provide programming for Hawthorn Hill and charge
reasonable fees notwithstanding any other provision of law,
which may be used to defray the costs of park operation and
programming.''; and
(4) by striking ``Commission'' and inserting ``Aviation
Heritage Foundation''.
(c) Grant Assistance.--The Dayton Aviation Heritage
Preservation Act of 1992, is amended--
(1) by redesignating subsection (b) of section 108 as
subsection (c); and
(2) by inserting after subsection (a) of section 108 the
following new subsection:
``(b) Grant Assistance.--The Secretary is authorized to
make grants to the parks' partners, including the Aviation
Trail, Inc., the Ohio Historical Society, and Dayton History,
for projects not requiring Federal involvement other than
providing financial assistance, subject to the availability
of appropriations in advance identifying the specific partner
grantee and the specific project.
[[Page 6996]]
Projects funded through these grants shall be limited to
construction and development on non-Federal property within
the boundaries of the park. Any project funded by such a
grant shall support the purposes of the park, shall be
consistent with the park's general management plan, and shall
enhance public use and enjoyment of the park.''.
(d) National Aviation Heritage Area.--Title V of division J
of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461
note; Public Law 108-447), is amended--
(1) in section 503(3), by striking ``104'' and inserting
``504'';
(2) in section 503(4), by striking ``106'' and inserting
``506'';
(3) in section 504, by striking subsection (b)(2) and by
redesignating subsection (b)(3) as subsection (b)(2); and
(4) in section 505(b)(1), by striking ``106'' and inserting
``506''.
SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.
Public Law 87-213 (16 U.S.C. 461 note) is amended as
follows:
(1) In the first section--
(A) by striking ``the Secretary of the Interior'' and
inserting ``(a) The Secretary of the Interior'';
(B) by striking ``476 acres'' and inserting ``646 acres'';
and
(C) by adding at the end the following:
``(b) The Secretary may acquire from willing sellers land
comprising approximately 55 acres, as depicted on the map
titled `Fort Davis Proposed Boundary Expansion', numbered
418/80,045, and dated April 2008. The map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service. Upon acquisition of the
land, the land shall be incorporated into the Fort Davis
National Historic Site.''.
(2) By repealing section 3.
Subtitle C--Special Resource Studies
SEC. 7201. WALNUT CANYON STUDY.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Walnut
Canyon Proposed Study Area'' and dated July 17, 2007.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(3) Study area.--The term ``study area'' means the area
identified on the map as the ``Walnut Canyon Proposed Study
Area''.
(b) Study.--
(1) In general.--The Secretaries shall conduct a study of
the study area to assess--
(A) the suitability and feasibility of designating all or
part of the study area as an addition to Walnut Canyon
National Monument, in accordance with section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c));
(B) continued management of the study area by the Forest
Service; or
(C) any other designation or management option that would
provide for--
(i) protection of resources within the study area; and
(ii) continued access to, and use of, the study area by the
public.
(2) Consultation.--The Secretaries shall provide for public
comment in the preparation of the study, including
consultation with appropriate Federal, State, and local
governmental entities.
(3) Report.--Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretaries shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes--
(A) the results of the study; and
(B) any recommendations of the Secretaries.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA.
(a) Study.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the Tule Lake Segregation Center to
determine the national significance of the site and the
suitability and feasibility of including the site in the
National Park System.
(2) Study guidelines.--The study shall be conducted in
accordance with the criteria for the study of areas for
potential inclusion in the National Park System under section
8 of Public Law 91-383 (16 U.S.C. 1a-5).
(3) Consultation.--In conducting the study, the Secretary
shall consult with--
(A) Modoc County;
(B) the State of California;
(C) appropriate Federal agencies;
(D) tribal and local government entities;
(E) private and nonprofit organizations; and
(F) private landowners.
(4) Scope of study.--The study shall include an evaluation
of--
(A) the significance of the site as a part of the history
of World War II;
(B) the significance of the site as the site relates to
other war relocation centers;.
(C) the historical resources of the site, including the
stockade, that are intact and in place;
(D) the contributions made by the local agricultural
community to the World War II effort; and
(E) the potential impact of designation of the site as a
unit of the National Park System on private landowners.
(b) Report.--Not later than 3 years after the date on which
funds are made available to conduct the study required under
this section, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report describing the findings, conclusions, and
recommendations of the study.
SEC. 7203. ESTATE GRANGE, ST. CROIX.
(a) Study.--
(1) In general.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), in consultation with
the Governor of the Virgin Islands, shall conduct a special
resource study of Estate Grange and other sites and resources
associated with Alexander Hamilton's life on St. Croix in the
United States Virgin Islands.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall evaluate--
(A) the national significance of the sites and resources;
and
(B) the suitability and feasibility of designating the
sites and resources as a unit of the National Park System.
(3) Criteria.--The criteria for the study of areas for
potential inclusion in the National Park System contained in
section 8 of Public Law 91-383 (16 U.S.C. 1a-5) shall apply
to the study under paragraph (1).
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report
containing--
(A) the results of the study; and
(B) any findings, conclusions, and recommendations of the
Secretary.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.
(a) Study.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of the Interior (referred to in this section as the
``Secretary'') shall complete a special resource study of the
Harriet Beecher Stowe House in Brunswick, Maine, to
evaluate--
(A) the national significance of the Harriet Beecher Stowe
House and surrounding land; and
(B) the suitability and feasibility of designating the
Harriet Beecher Stowe House and surrounding land as a unit of
the National Park System.
(2) Study guidelines.--In conducting the study authorized
under paragraph (1), the Secretary shall use the criteria for
the study of areas for potential inclusion in the National
Park System contained in section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)).
(b) Report.--On completion of the study required under
subsection (a), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report containing the findings,
conclusions, and recommendations of the study.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.
(a) Special Resources Study.--The Secretary of the Interior
(referred to in this section as the ``Secretary'') shall
conduct a special resource study relating to the Battle of
Shepherdstown in Shepherdstown, West Virginia, to evaluate--
(1) the national significance of the Shepherdstown
battlefield and sites relating to the Shepherdstown
battlefield; and
(2) the suitability and feasibility of adding the
Shepherdstown battlefield and sites relating to the
Shepherdstown battlefield as part of--
(A) Harpers Ferry National Historical Park; or
(B) Antietam National Battlefield.
(b) Criteria.--In conducting the study authorized under
subsection (a), the Secretary shall use the criteria for the
study of areas for potential inclusion in the National Park
System contained in section 8(c) of Public Law 91-383 (16
U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report containing
the findings, conclusions, and recommendations of the study
conducted under subsection (a).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE.
(a) In General.--The Secretary of the Interior (referred to
in this section as the
[[Page 6997]]
``Secretary'') shall conduct a special resource study of the
site of Green McAdoo School in Clinton, Tennessee, (referred
to in this section as the ``site'') to evaluate--
(1) the national significance of the site; and
(2) the suitability and feasibility of designating the site
as a unit of the National Park System.
(b) Criteria.--In conducting the study under subsection
(a), the Secretary shall use the criteria for the study of
areas for potential inclusion in the National Park System
under section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Contents.--The study authorized by this section shall--
(1) determine the suitability and feasibility of
designating the site as a unit of the National Park System;
(2) include cost estimates for any necessary acquisition,
development, operation, and maintenance of the site; and
(3) identify alternatives for the management,
administration, and protection of the site.
(d) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(1) the findings and conclusions of the study; and
(2) any recommendations of the Secretary.
SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the Harry S Truman Birthplace State
Historic Site (referred to in this section as the
``birthplace site'') in Lamar, Missouri, to determine--
(1) the suitability and feasibility of--
(A) adding the birthplace site to the Harry S Truman
National Historic Site; or
(B) designating the birthplace site as a separate unit of
the National Park System; and
(2) the methods and means for the protection and
interpretation of the birthplace site by the National Park
Service, other Federal, State, or local government entities,
or private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study required under subsection (a) in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect to
the birthplace site.
SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the sites and resources at Matewan, West
Virginia, associated with the Battle of Matewan (also known
as the ``Matewan Massacre'') of May 19, 1920, to determine--
(1) the suitability and feasibility of designating certain
historic areas of Matewan, West Virginia, as a unit of the
National Park System; and
(2) the methods and means for the protection and
interpretation of the historic areas by the National Park
Service, other Federal, State, or local government entities,
or private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study required under subsection (a) in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect to
the historic areas.
SEC. 7209. BUTTERFIELD OVERLAND TRAIL.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study along the route known as the ``Ox-Bow Route''
of the Butterfield Overland Trail (referred to in this
section as the ``route'') in the States of Missouri,
Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona,
and California to evaluate--
(1) a range of alternatives for protecting and interpreting
the resources of the route, including alternatives for
potential addition of the Trail to the National Trails
System; and
(2) the methods and means for the protection and
interpretation of the route by the National Park Service,
other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study required under subsection (a) in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) or
section 5(b) of the National Trails System Act (16 U.S.C.
1244(b)), as appropriate.
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect to
the route.
SEC. 7210. COLD WAR SITES THEME STUDY.
(a) Definitions.--
(1) Advisory committee.--The term ``Advisory Committee''
means the Cold War Advisory Committee established under
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Theme study.--The term ``theme study'' means the
national historic landmark theme study conducted under
subsection (b)(1).
(b) Cold War Theme Study.--
(1) In general.--The Secretary shall conduct a national
historic landmark theme study to identify sites and resources
in the United States that are significant to the Cold War.
(2) Resources.--In conducting the theme study, the
Secretary shall consider--
(A) the inventory of sites and resources associated with
the Cold War completed by the Secretary of Defense under
section 8120(b)(9) of the Department of Defense
Appropriations Act, 1991 (Public Law 101-511; 104 Stat.
1906); and
(B) historical studies and research of Cold War sites and
resources, including--
(i) intercontinental ballistic missiles;
(ii) flight training centers;
(iii) manufacturing facilities;
(iv) communications and command centers (such as Cheyenne
Mountain, Colorado);
(v) defensive radar networks (such as the Distant Early
Warning Line);
(vi) nuclear weapons test sites (such as the Nevada test
site); and
(vii) strategic and tactical aircraft.
(3) Contents.--The theme study shall include--
(A) recommendations for commemorating and interpreting
sites and resources identified by the theme study,
including--
(i) sites for which studies for potential inclusion in the
National Park System should be authorized;
(ii) sites for which new national historic landmarks should
be nominated; and
(iii) other appropriate designations;
(B) recommendations for cooperative agreements with--
(i) State and local governments;
(ii) local historical organizations; and
(iii) other appropriate entities; and
(C) an estimate of the amount required to carry out the
recommendations under subparagraphs (A) and (B).
(4) Consultation.--In conducting the theme study, the
Secretary shall consult with--
(A) the Secretary of the Air Force;
(B) State and local officials;
(C) State historic preservation offices; and
(D) other interested organizations and individuals.
(5) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes
the findings, conclusions, and recommendations of the theme
study.
(c) Cold War Advisory Committee.--
(1) Establishment.--As soon as practicable after funds are
made available to carry out this section, the Secretary shall
establish an advisory committee, to be known as the ``Cold
War Advisory Committee'', to assist the Secretary in carrying
out this section.
(2) Composition.--The Advisory Committee shall be composed
of 9 members, to be appointed by the Secretary, of whom--
(A) 3 shall have expertise in Cold War history;
(B) 2 shall have expertise in historic preservation;
(C) 1 shall have expertise in the history of the United
States; and
(D) 3 shall represent the general public.
(3) Chairperson.--The Advisory Committee shall select a
chairperson from among the members of the Advisory Committee.
(4) Compensation.--A member of the Advisory Committee shall
serve without compensation but may be reimbursed by the
Secretary for expenses reasonably incurred in the performance
of the duties of the Advisory Committee.
(5) Meetings.--On at least 3 occasions, the Secretary (or a
designee) shall meet and consult with the Advisory Committee
on matters relating to the theme study.
(d) Interpretive Handbook on the Cold War.--Not later than
4 years after the date on which funds are made available to
carry out this section, the Secretary shall--
(1) prepare and publish an interpretive handbook on the
Cold War; and
[[Page 6998]]
(2) disseminate information in the theme study by other
appropriate means.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $500,000.
SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.
(a) In General.--The Secretary shall complete a special
resource study of the site of the Battle of Camden fought in
South Carolina on August 16, 1780, and the site of Historic
Camden, which is a National Park System Affiliated Area, to
determine--
(1) the suitability and feasibility of designating the
sites as a unit or units of the National Park System; and
(2) the methods and means for the protection and
interpretation of these sites by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(b) Study Requirements.--The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
SEC. 7212. FORT SAN GERONIMO, PUERTO RICO.
(a) Definitions.--In this section:
(1) Fort san geronimo.--The term ``Fort San Geronimo''
(also known as ``Fortin de San Geronimo del Boqueron'') means
the fort and grounds listed on the National Register of
Historic Places and located near Old San Juan, Puerto Rico.
(2) Related resources.--The term ``related resources''
means other parts of the fortification system of old San Juan
that are not included within the boundary of San Juan
National Historic Site, such as sections of the City Wall or
other fortifications.
(b) Study.--
(1) In general.--The Secretary shall complete a special
resource study of Fort San Geronimo and other related
resources, to determine--
(A) the suitability and feasibility of including Fort San
Geronimo and other related resources in the Commonwealth of
Puerto Rico as part of San Juan National Historic Site; and
(B) the methods and means for the protection and
interpretation of Fort San Geronimo and other related
resources by the National Park Service, other Federal, State,
or local government entities or private or non-profit
organizations.
(2) Study requirements.--The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)).
(c) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report containing--
(1) the results of the study; and
(2) any recommendations of the Secretary.
Subtitle D--Program Authorizations
SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
(a) Purpose.--The purpose of this section is to assist
citizens, public and private institutions, and governments at
all levels in planning, interpreting, and protecting sites
where historic battles were fought on American soil during
the armed conflicts that shaped the growth and development of
the United States, in order that present and future
generations may learn and gain inspiration from the ground
where Americans made their ultimate sacrifice.
(b) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary
of the Interior, acting through the American Battlefield
Protection Program, shall encourage, support, assist,
recognize, and work in partnership with citizens, Federal,
State, local, and tribal governments, other public entities,
educational institutions, and private nonprofit organizations
in identifying, researching, evaluating, interpreting, and
protecting historic battlefields and associated sites on a
National, State, and local level.
(2) Financial assistance.--To carry out paragraph (1), the
Secretary may use a cooperative agreement, grant, contract,
or other generally adopted means of providing financial
assistance.
(3) Authorization of appropriations.--There are authorized
to be appropriated $3,000,000 annually to carry out this
subsection, to remain available until expended.
(c) Battlefield Acquisition Grant Program.--
(1) Definitions.--In this subsection:
(A) Battlefield report.--The term ``Battlefield Report''
means the document entitled ``Report on the Nation's Civil
War Battlefields'', prepared by the Civil War Sites Advisory
Commission, and dated July 1993.
(B) Eligible entity.--The term ``eligible entity'' means a
State or local government.
(C) Eligible site.--The term ``eligible site'' means a
site--
(i) that is not within the exterior boundaries of a unit of
the National Park System; and
(ii) that is identified in the Battlefield Report.
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the American Battlefield
Protection Program.
(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the
Secretary may provide grants to eligible entities to pay the
Federal share of the cost of acquiring interests in eligible
sites for the preservation and protection of those eligible
sites.
(3) Nonprofit partners.--An eligible entity may acquire an
interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
(4) Non-federal share.--The non-Federal share of the total
cost of acquiring an interest in an eligible site under this
subsection shall be not less than 50 percent.
(5) Limitation on land use.--An interest in an eligible
site acquired under this subsection shall be subject to
section 6(f)(3) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-8(f)(3)).
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to provide grants under
this subsection $10,000,000 for each of fiscal years 2009
through 2013.
SEC. 7302. PRESERVE AMERICA PROGRAM.
(a) Purpose.--The purpose of this section is to authorize
the Preserve America Program, including--
(1) the Preserve America grant program within the
Department of the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of
historic resources.
(b) Definitions.--In this section:
(1) Council.--The term ``Council'' means the Advisory
Council on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means
the conduct of activities to attract and accommodate visitors
to a site or area based on the unique or special aspects of
the history, landscape (including trail systems), and culture
of the site or area.
(3) Program.--The term ``program'' means the Preserve
America Program established under subsection (c)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--
(1) In general.--There is established in the Department of
the Interior the Preserve America Program, under which the
Secretary, in partnership with the Council, may provide
competitive grants to States, local governments (including
local governments in the process of applying for designation
as Preserve America Communities under subsection (d)), Indian
tribes, communities designated as Preserve America
Communities under subsection (d), State historic preservation
offices, and tribal historic preservation offices to support
preservation efforts through heritage tourism, education, and
historic preservation planning activities.
(2) Eligible projects.--
(A) In general.--The following projects shall be eligible
for a grant under this section:
(i) A project for the conduct of--
(I) research on, and documentation of, the history of a
community; and
(II) surveys of the historic resources of a community.
(ii) An education and interpretation project that conveys
the history of a community or site.
(iii) A planning project (other than building
rehabilitation) that advances economic development using
heritage tourism and historic preservation.
(iv) A training project that provides opportunities for
professional development in areas that would aid a community
in using and promoting its historic resources.
(v) A project to support heritage tourism in a Preserve
America Community designated under subsection (d).
(vi) Other nonconstruction projects that identify or
promote historic properties or provide for the education of
the public about historic properties that are consistent with
the purposes of this section.
(B) Limitation.--In providing grants under this section,
the Secretary shall only provide 1 grant to each eligible
project selected for a grant.
(3) Preference.--In providing grants under this section,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Save America's
Treasures Program.
(4) Consultation and notification.--
(A) Consultation.--The Secretary shall consult with the
Council in preparing the list of projects to be provided
grants for a fiscal year under the program.
(B) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources
[[Page 6999]]
of the Senate, the Committee on Appropriations of the Senate,
the Committee on Natural Resources of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives a list of any eligible projects that
are to be provided grants under the program for the fiscal
year.
(5) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) shall be in the form of--
(i) cash; or
(ii) donated supplies and related services, the value of
which shall be determined by the Secretary.
(C) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a
feasible plan for securing, the non-Federal share for an
eligible project required under subparagraph (A) before a
grant is provided to the eligible project under the program.
(d) Designation of Preserve America Communities.--
(1) Application.--To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application
containing such information as the Council may require.
(2) Criteria.--To be designated as a Preserve America
Community under the program, a community, tribal area, or
neighborhood that submits an application under paragraph (1)
shall, as determined by the Council, in consultation with the
Secretary, meet criteria required by the Council and, in
addition, consider--
(A) protection and celebration of the heritage of the
community, tribal area, or neighborhood;
(B) use of the historic assets of the community, tribal
area, or neighborhood for economic development and community
revitalization; and
(C) encouragement of people to experience and appreciate
local historic resources through education and heritage
tourism programs.
(3) Local governments previously certified for historic
preservation activities.--The Council shall establish an
expedited process for Preserve America Community designation
for local governments previously certified for historic
preservation activities under section 101(c)(1) of the
National Historic Preservation Act (16 U.S.C. 470a(c)(1)).
(4) Guidelines.--The Council, in consultation with the
Secretary, shall establish any guidelines that are necessary
to carry out this subsection.
(e) Regulations.--The Secretary shall develop any
guidelines and issue any regulations that the Secretary
determines to be necessary to carry out this section.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each fiscal year, to remain available until expended.
SEC. 7303. SAVE AMERICA'S TREASURES PROGRAM.
(a) Purpose.--The purpose of this section is to authorize
within the Department of the Interior the Save America's
Treasures Program, to be carried out by the Director of the
National Park Service, in partnership with--
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation
Officers;
(6) the National Association of Tribal Historic
Preservation Officers; and
(7) the President's Committee on the Arts and the
Humanities.
(b) Definitions.--In this section:
(1) Collection.--The term ``collection'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government,
educational institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has
the meaning given the term in section 301 of the National
Historic Preservation Act (16 U.S.C. 470w).
(4) Nationally significant.--The term ``nationally
significant'' means a collection or historic property that
meets the applicable criteria for national significance, in
accordance with regulations promulgated by the Secretary
pursuant to section 101(a)(2) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(2)).
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under subsection (c)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(c) Establishment.--
(1) In general.--There is established in the Department of
the Interior the Save America's Treasures program, under
which the amounts made available to the Secretary under
subsection (e) shall be used by the Secretary, in
consultation with the organizations described in subsection
(a), subject to paragraph (6)(A)(ii), to provide grants to
eligible entities for projects to preserve nationally
significant collections and historic properties.
(2) Determination of grants.--Of the amounts made available
for grants under subsection (e), not less than 50 percent
shall be made available for grants for projects to preserve
collections and historic properties, to be distributed
through a competitive grant process administered by the
Secretary, subject to the eligibility criteria established
under paragraph (5).
(3) Applications for grants.--To be considered for a
competitive grant under the program an eligible entity shall
submit to the Secretary an application containing such
information as the Secretary may require.
(4) Collections and historic properties eligible for
competitive grants.--
(A) In general.--A collection or historic property shall be
provided a competitive grant under the program only if the
Secretary determines that the collection or historic property
is--
(i) nationally significant; and
(ii) threatened or endangered.
(B) Eligible collections.--A determination by the Secretary
regarding the national significance of collections under
subparagraph (A)(i) shall be made in consultation with the
organizations described in subsection (a), as appropriate.
(C) Eligible historic properties.--To be eligible for a
competitive grant under the program, a historic property
shall, as of the date of the grant application--
(i) be listed in the National Register of Historic Places
at the national level of significance; or
(ii) be designated as a National Historic Landmark.
(5) Selection criteria for grants.--
(A) In general.--The Secretary shall not provide a grant
under this section to a project for an eligible collection or
historic property unless the project--
(i) eliminates or substantially mitigates the threat of
destruction or deterioration of the eligible collection or
historic property;
(ii) has a clear public benefit; and
(iii) is able to be completed on schedule and within the
budget described in the grant application.
(B) Preference.--In providing grants under this section,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Preserve America
Program.
(C) Limitation.--In providing grants under this section,
the Secretary shall only provide 1 grant to each eligible
project selected for a grant.
(6) Consultation and notification by secretary.--
(A) Consultation.--
(i) In general.--Subject to clause (ii), the Secretary
shall consult with the organizations described in subsection
(a) in preparing the list of projects to be provided grants
for a fiscal year by the Secretary under the program.
(ii) Limitation.--If an entity described in clause (i) has
submitted an application for a grant under the program, the
entity shall be recused by the Secretary from the
consultation requirements under that clause and paragraph
(1).
(B) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Appropriations of the House of Representatives a
list of any eligible projects that are to be provided grants
under the program for the fiscal year.
(7) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) shall be in the form of--
(i) cash; or
(ii) donated supplies or related services, the value of
which shall be determined by the Secretary.
(C) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan
for securing the non-Federal share for an eligible project
required under subparagraph (A) before a grant is provided to
the eligible project under the program.
(d) Regulations.--The Secretary shall develop any
guidelines and issue any regulations that the Secretary
determines to be necessary to carry out this section.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each fiscal year, to remain available until expended.
[[Page 7000]]
SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.
Section 4 of Public Law 106-45 (16 U.S.C. 461 note; 113
Stat. 226) is amended by striking ``2009'' and inserting
``2019''.
SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.
The National Cave and Karst Research Institute Act of 1998
(16 U.S.C. 4310 note; Public Law 105-325) is amended by
striking section 5 and inserting the following:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
Subtitle E--Advisory Commissions
SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY
COMMISSION.
Section 505(f)(7) of the National Parks and Recreation Act
of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking ``ten
years after the date of enactment of the Na Hoa Pili O
Kaloko-Honokohau Re-establishment Act of 1996'' and inserting
``on December 31, 2018''.
SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2008, section 8(a) of Public Law
87-126 (16 U.S.C. 459b-7(a)) is amended in the second
sentence by striking ``2008'' and inserting ``2018''.
SEC. 7403. NATIONAL PARK SYSTEM ADVISORY BOARD.
Section 3(f) of the Act of August 21, 1935 (16. U.S.C.
463(f)), is amended in the first sentence by striking
``2009'' and inserting ``2010''.
SEC. 7404. CONCESSIONS MANAGEMENT ADVISORY BOARD.
Section 409(d) of the National Park Service Concessions
Management Improvement Act of 1998 (16 U.S.C. 5958(d)) is
amended in the first sentence by striking ``2008'' and
inserting ``2009''.
SEC. 7405. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION.
(a) Definitions.--In this section:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 450th anniversary of the founding of the
settlement of St. Augustine, Florida.
(2) Commission.--The term ``Commission'' means the St.
Augustine 450th Commemoration Commission established by
subsection (b)(1).
(3) Governor.--The term ``Governor'' means the Governor of
the State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--
(A) In general.--The term ``State'' means the State of
Florida.
(B) Inclusion.--The term ``State'' includes agencies and
entities of the State of Florida.
(b) Establishment.--
(1) In general.--There is established a commission, to be
known as the ``St. Augustine 450th Commemoration
Commission''.
(2) Membership.--
(A) Composition.--The Commission shall be composed of 14
members, of whom--
(i) 3 members shall be appointed by the Secretary, after
considering the recommendations of the St. Augustine City
Commission;
(ii) 3 members shall be appointed by the Secretary, after
considering the recommendations of the Governor;
(iii) 1 member shall be an employee of the National Park
Service having experience relevant to the historical
resources relating to the city of St. Augustine and the
commemoration, to be appointed by the Secretary;
(iv) 1 member shall be appointed by the Secretary, taking
into consideration the recommendations of the Mayor of the
city of St. Augustine;
(v) 1 member shall be appointed by the Secretary, after
considering the recommendations of the Chancellor of the
University System of Florida; and
(vi) 5 members shall be individuals who are residents of
the State who have an interest in, support for, and expertise
appropriate to the commemoration, to be appointed by the
Secretary, taking into consideration the recommendations of
Members of Congress.
(B) Time of appointment.--Each appointment of an initial
member of the Commission shall be made before the expiration
of the 120-day period beginning on the date of enactment of
this Act.
(C) Term; vacancies.--
(i) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(ii) Vacancies.--
(I) In general.--A vacancy on the Commission shall be
filled in the same manner in which the original appointment
was made.
(II) Partial term.--A member appointed to fill a vacancy on
the Commission shall serve for the remainder of the term for
which the predecessor of the member was appointed.
(iii) Continuation of membership.--If a member of the
Commission was appointed to the Commission as Mayor of the
city of St. Augustine or as an employee of the National Park
Service or the State University System of Florida, and ceases
to hold such position, that member may continue to serve on
the Commission for not longer than the 30-day period
beginning on the date on which that member ceases to hold the
position.
(3) Duties.--The Commission shall--
(A) plan, develop, and carry out programs and activities
appropriate for the commemoration;
(B) facilitate activities relating to the commemoration
throughout the United States;
(C) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand understanding and
appreciation of the significance of the founding and
continuing history of St. Augustine;
(D) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration;
(E) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, St.
Augustine;
(F) ensure that the commemoration provides a lasting legacy
and long-term public benefit by assisting in the development
of appropriate programs; and
(G) help ensure that the observances of the foundation of
St. Augustine are inclusive and appropriately recognize the
experiences and heritage of all individuals present when St.
Augustine was founded.
(c) Commission Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(2) Meetings.--The Commission shall meet--
(A) at least 3 times each year; or
(B) at the call of the Chairperson or the majority of the
members of the Commission.
(3) Quorum.--A majority of the voting members shall
constitute a quorum, but a lesser number may hold meetings.
(4) Chairperson and vice chairperson.--
(A) Election.--The Commission shall elect the Chairperson
and the Vice Chairperson of the Commission on an annual
basis.
(B) Absence of the chairperson.--The Vice Chairperson shall
serve as the Chairperson in the absence of the Chairperson.
(5) Voting.--The Commission shall act only on an
affirmative vote of a majority of the members of the
Commission.
(d) Commission Powers.--
(1) Gifts.--The Commission may solicit, accept, use, and
dispose of gifts, bequests, or devises of money or other
property for aiding or facilitating the work of the
Commission.
(2) Appointment of advisory committees.--The Commission may
appoint such advisory committees as the Commission determines
to be necessary to carry out this section.
(3) Authorization of action.--The Commission may authorize
any member or employee of the Commission to take any action
that the Commission is authorized to take under this section.
(4) Procurement.--
(A) In general.--The Commission may procure supplies,
services, and property, and make or enter into contracts,
leases, or other legal agreements, to carry out this section
(except that a contract, lease, or other legal agreement made
or entered into by the Commission shall not extend beyond the
date of termination of the Commission).
(B) Limitation.--The Commission may not purchase real
property.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(6) Grants and technical assistance.--The Commission may--
(A) provide grants in amounts not to exceed $20,000 per
grant to communities and nonprofit organizations for use in
developing programs to assist in the commemoration;
(B) provide grants to research and scholarly organizations
to research, publish, or distribute information relating to
the early history of St. Augustine; and
(C) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in paragraph (2), a
member of the Commission shall serve without compensation.
(B) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation other than the compensation received for
the services of the member as an officer or employee of the
Federal Government.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(3) Director and staff.--
(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), nominate an executive director to enable the
Commission to perform the duties of the Commission.
(B) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
[[Page 7001]]
(4) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
the Commission may fix the compensation of the executive
director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the executive
director and other personnel shall not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(5) Detail of government employees.--
(A) Federal employees.--
(i) Detail.--At the request of the Commission, the head of
any Federal agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of the agency to
the Commission to assist the Commission in carrying out the
duties of the Commission under this section.
(ii) Civil service status.--The detail of an employee under
clause (i) shall be without interruption or loss of civil
service status or privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel detailed from the
State; and
(ii) reimburse the State for services of detailed
personnel.
(6) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic
pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(7) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use such voluntary and uncompensated services
as the Commission determines to be necessary.
(8) Support services.--
(A) In general.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(B) Reimbursement.--Any reimbursement under this paragraph
shall be credited to the appropriation, fund, or account used
for paying the amounts reimbursed.
(9) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(10) No effect on authority.--Nothing in this subsection
supersedes the authority of the State, the National Park
Service, the city of St. Augustine, or any designee of those
entities, with respect to the commemoration.
(f) Plans; Reports.--
(1) Strategic plan.--The Commission shall prepare a
strategic plan for the activities of the Commission carried
out under this section.
(2) Final report.--Not later than September 30, 2015, the
Commission shall complete and submit to Congress a final
report that contains--
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and expended by
the Commission; and
(C) the findings and recommendations of the Commission.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Commission to carry out this section $500,000 for each of
fiscal years 2009 through 2015.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until December 31, 2015.
(h) Termination of Commission.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2015.
(2) Transfer of documents and materials.--Before the date
of termination specified in paragraph (1), the Commission
shall transfer all documents and materials of the Commission
to the National Archives or another appropriate Federal
entity.
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--Designation of National Heritage Areas
SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Sangre de Cristo National Heritage Area established by
subsection (b)(1).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d).
(4) Map.--The term ``map'' means the map entitled
``Proposed Sangre De Cristo National Heritage Area'' and
dated November 2005.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Sangre De Cristo National Heritage Area.--
(1) Establishment.--There is established in the State the
Sangre de Cristo National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of--
(A) the counties of Alamosa, Conejos, and Costilla; and
(B) the Monte Vista National Wildlife Refuge, the Baca
National Wildlife Refuge, the Great Sand Dunes National Park
and Preserve, and other areas included in the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the Heritage
Area shall be the Sangre de Cristo National Heritage Area
Board of Directors.
(B) Membership requirements.--Members of the Board shall
include representatives from a broad cross-section of the
individuals, agencies, organizations, and governments that
were involved in the planning and development of the Heritage
Area before the date of enactment of this Act.
(c) Administration.--
(1) Authorities.--For purposes of carrying out the
management plan, the Secretary, acting through the management
entity, may use amounts made available under this section
to--
(A) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage programming;
(D) obtain money or services from any source including any
that are provided under any other Federal law or program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other activity that
furthers the Heritage Area and is consistent with the
approved management plan.
(2) Duties.--The management entity shall--
(A) in accordance with subsection (d), prepare and submit a
management plan for the Heritage Area to the Secretary;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values in the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historical, scenic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with Heritage Area
themes;
(vi) ensuring that clear, consistent, and appropriate signs
identifying points of public access, and sites of interest
are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year that Federal funds have been received
under this section--
(i) submit an annual report to the Secretary that describes
the activities, expenses, and income of the management entity
(including grants to any other entities during the year that
the report is made);
(ii) make available to the Secretary for audit all records
relating to the expenditure of the funds and any matching
funds;
(iii) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available
under this section to acquire real property or any interest
in real property.
(4) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the
[[Page 7002]]
management entity shall submit to the Secretary for approval
a proposed management plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the
natural, cultural, historic, scenic, and recreational
resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located in the core area described in
subsection (b)(2); and
(II) any other property in the core area that--
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, or maintained
because of the significance of the property;
(ii) comprehensive policies, strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
(iii) a description of actions that governments, private
organizations, and individuals have agreed to take to protect
the natural, historical and cultural resources of the
Heritage Area;
(iv) a program of implementation for the management plan by
the management entity that includes a description of--
(I) actions to facilitate ongoing collaboration among
partners to promote plans for resource protection,
restoration, and construction; and
(II) specific commitments for implementation that have been
made by the management entity or any government,
organization, or individual for the first 5 years of
operation;
(v) the identification of sources of funding for carrying
out the management plan;
(vi) analysis and recommendations for means by which local,
State, and Federal programs, including the role of the
National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after
the date of enactment of this Act, the management entity
shall be ineligible to receive additional funding under this
section until the date that the Secretary receives and
approves the management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the management entity is representative of the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, and recreational
organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan; and
(iii) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, historical, and cultural
resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the reasons
for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) not later than 180 days after the receipt of any
proposed revision of the management plan from the management
entity, approve or disapprove the proposed revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines make a substantial change to the management plan.
(ii) Use of funds.--The management entity shall not use
Federal funds authorized by this section to carry out any
amendments to the management plan until the Secretary has
approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on the Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the management entity
to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to
the property of the property owner, or to modify public
access or use of property of the property owner under any
other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the management entity with
respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, of
which not more than $1,000,000 may be made available for any
fiscal year.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA,
COLORADO.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Cache La Poudre River National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Poudre Heritage Alliance, the
local coordinating entity for the Heritage Area designated by
subsection (b)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d)(1).
[[Page 7003]]
(4) Map.--The term ``map'' means the map entitled ``Cache
La Poudre River National Heritage Area'', numbered 960/
80,003, and dated April, 2004.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Colorado.
(b) Cache La Poudre River National Heritage Area.--
(1) Establishment.--There is established in the State the
Cache La Poudre River National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the
area depicted on the map.
(3) Map.--The map shall be on file and available for public
inspection in the appropriate offices of--
(A) the National Park Service; and
(B) the local coordinating entity.
(4) Local coordinating entity.--The local coordinating
entity for the Heritage Area shall be the Poudre Heritage
Alliance, a nonprofit organization incorporated in the State.
(c) Administration.--
(1) Authorities.--To carry out the management plan, the
Secretary, acting through the local coordinating entity, may
use amounts made available under this section--
(A) to make grants to the State (including any political
subdivision of the State), nonprofit organizations, and other
individuals;
(B) to enter into cooperative agreements with, or provide
technical assistance to, the State (including any political
subdivision of the State), nonprofit organizations, and other
interested parties;
(C) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resource protection, and heritage programming;
(D) to obtain funds or services from any source, including
funds or services that are provided under any other Federal
law or program;
(E) to enter into contracts for goods or services; and
(F) to serve as a catalyst for any other activity that--
(i) furthers the purposes and goals of the Heritage Area;
and
(ii) is consistent with the approved management plan.
(2) Duties.--The local coordinating entity shall--
(A) in accordance with subsection (d), prepare and submit
to the Secretary a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values located in the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
the natural, historical, scenic, and cultural resources of
the Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with Heritage Area
themes;
(vi) ensuring that clear, consistent, and appropriate signs
identifying points of public access, and sites of interest,
are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year for which Federal funds have been received
under this section--
(i) submit an annual report to the Secretary that describes
the activities, expenses, and income of the local
coordinating entity (including grants to any other entities
during the year that the report is made);
(ii) make available to the Secretary for audit all records
relating to the expenditure of the funds and any matching
funds; and
(iii) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
local coordinating entity shall not use Federal funds made
available under this section to acquire real property or any
interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed management
plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the
natural, cultural, historic, scenic, educational, and
recreational resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of the resources located in the Heritage
Area;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(iii) a description of actions that governments, private
organizations, and individuals have agreed to take to protect
the natural, cultural, historic, scenic, educational, and
recreational resources of the Heritage Area;
(iv) a program of implementation for the management plan by
the local coordinating entity that includes a description
of--
(I) actions to facilitate ongoing collaboration among
partners to promote plans for resource protection,
restoration, and construction; and
(II) specific commitments for implementation that have been
made by the local coordinating entity or any government,
organization, or individual for the first 5 years of
operation;
(v) the identification of sources of funding for carrying
out the management plan;
(vi) analysis and recommendations for means by which local,
State, and Federal programs, including the role of the
National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the natural, cultural,
historic, scenic, educational, and recreational resources of
the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after
the date of enactment of this Act, the local coordinating
entity shall be ineligible to receive additional funding
under this section until the date on which the Secretary
approves a management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses, and
recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan; and
(iii) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, cultural, historic, scenic,
educational, and recreational resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the local coordinating entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) not later than 180 days after the date of receipt of
any proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(5) Amendments.--
(A) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines would make a substantial change to the management
plan.
(B) Use of funds.--The local coordinating entity shall not
use Federal funds authorized to be appropriated by this
section to carry out any amendments to the management plan
until the Secretary has approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law (including
regulations).
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including any
regulation) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
[[Page 7004]]
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any public or private property
owner, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner--
(A) to permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
(B) to modify public access or use of property of the
property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law (including regulations), of any private
property owner with respect to any individual injured on the
private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area to identify
the critical components for sustainability of the Heritage
Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, of
which not more than $1,000,000 may be made available for any
fiscal year.
(2) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
(j) Conforming Amendment.--The Cache La Poudre River
Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is
repealed.
SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the South Park National Heritage Area, comprised initially
of the individuals, agencies, organizations, and governments
that were involved in the planning and development of the
Heritage Area before the date of enactment of this Act.
(2) Heritage area.--The term ``Heritage Area'' means the
South Park National Heritage Area established by subsection
(b)(1).
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required by
subsection (d).
(5) Map.--The term ``map'' means the map entitled ``South
Park National Heritage Area Map (Proposed)'', dated January
30, 2006.
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in the
conservation, preservation, interpretation, development or
promotion of heritage sites or resources of the Heritage
Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Colorado.
(9) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid, other
than financial assistance, provided by the Secretary.
(b) South Park National Heritage Area.--
(1) Establishment.--There is established in the State the
South Park National Heritage Area.
(2) Boundaries.--The Heritage Area shall consist of the
areas included in the map.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) Management entity.--
(A) In general.--The management entity for the Heritage
Area shall be the Park County Tourism & Community Development
Office, in conjunction with the South Park National Heritage
Area Board of Directors.
(B) Membership requirements.--Members of the Board shall
include representatives from a broad cross-section of
individuals, agencies, organizations, and governments that
were involved in the planning and development of the Heritage
Area before the date of enactment of this Act.
(c) Administration.--
(1) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available
under this section to acquire real property or any interest
in real property.
(2) Authorities.--For purposes of carrying out the
management plan, the Secretary, acting through the management
entity, may use amounts made available under this section
to--
(A) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, fundraising, heritage
facility planning and development, and heritage tourism
programming;
(D) obtain funds or services from any source, including
funds or services that are provided under any other Federal
law or program;
(E) enter into contracts for goods or services; and
(F) to facilitate the conduct of other projects and
activities that further the Heritage Area and are consistent
with the approved management plan.
(3) Duties.--The management entity shall--
(A) in accordance with subsection (d), prepare and submit a
management plan for the Heritage Area to the Secretary;
(B) assist units of local government, local property owners
and businesses, and nonprofit organizations in carrying out
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, enhance, and promote important resource values in
the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(iii) developing economic, recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
historical, cultural, scenic, recreational, agricultural, and
natural resources of the Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with Heritage Area
themes;
(vi) ensuring that clear, consistent, and appropriate signs
identifying points of public access, and sites of interest
are posted throughout the Heritage Area;
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area; and
(viii) planning and developing new heritage attractions,
products and services;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
[[Page 7005]]
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) for any year for which Federal funds have been received
under this section--
(i) submit to the Secretary an annual report that describes
the activities, expenses, and income of the management entity
(including grants to any other entities during the year that
the report is made);
(ii) make available to the Secretary for audit all records
relating to the expenditure of the Federal funds and any
matching funds; and
(iii) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(4) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity, with public
participation, shall submit to the Secretary for approval a
proposed management plan for the Heritage Area.
(2) Requirements.--The management plan shall--
(A) incorporate an integrated and cooperative approach for
the protection, enhancement, interpretation, development, and
promotion of the historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include--
(i) an inventory of--
(I) the resources located within the areas included in the
map; and
(II) any other eligible and participating property within
the areas included in the map that--
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, maintained,
developed, or promoted because of the significance of the
property;
(ii) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
development, and promotion of the Heritage Area;
(iii) a description of actions that governments, private
organizations, and individuals have agreed to take to manage
protect the historical, cultural, scenic, recreational,
agricultural, and natural resources of the Heritage Area;
(iv) a program of implementation for the management plan by
the management entity that includes a description of--
(I) actions to facilitate ongoing and effective
collaboration among partners to promote plans for resource
protection, enhancement, interpretation, restoration, and
construction; and
(II) specific commitments for implementation that have been
made by the management entity or any government,
organization, or individual for the first 5 years of
operation;
(v) the identification of sources of funding for carrying
out the management plan;
(vi) an analysis of and recommendations for means by which
Federal, State, and local programs, including the role of the
National Park Service in the Heritage Area, may best be
coordinated to carry out this section; and
(vii) an interpretive plan for the Heritage Area; and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the historical, cultural,
scenic, recreational, agricultural, and natural resources of
the Heritage Area.
(3) Deadline.--If a proposed management plan is not
submitted to the Secretary by the date that is 3 years after
the date of enactment of this Act, the management entity
shall be ineligible to receive additional funding under this
section until the date on which the Secretary receives and
approves the management plan.
(4) Approval or disapproval of management plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the management plan under paragraph (1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the management entity is representative of the diverse
interests of the Heritage Area, including governments,
natural and historical resource protection organizations,
educational institutions, local businesses and industries,
community organizations, recreational organizations, and
tourism organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan; and
(iii) strategies contained in the management plan, if
implemented, would adequately balance the voluntary
protection, development, and interpretation of the natural,
historical, cultural, scenic, recreational, and agricultural
resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the reasons
for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) not later than 180 days after the receipt of any
proposed revision of the management plan from the management
entity, approve or disapprove the proposed revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines makes a substantial change to the management plan.
(ii) Use of funds.--The management entity shall not use
Federal funds authorized by this section to carry out any
amendments to the management plan until the Secretary has
approved the amendments.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on the Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the management entity
to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to
the property of the property owner, or to modify public
access or use of property of the property owner under any
other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the management entity with
respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
[[Page 7006]]
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, of
which not more than $1,000,000 may be made available for any
fiscal year.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH
DAKOTA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Northern Plains National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Northern Plains Heritage
Foundation, the local coordinating entity for the Heritage
Area designated by subsection (c)(1).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of North
Dakota.
(b) Establishment.--
(1) In general.--There is established the Northern Plains
National Heritage Area in the State of North Dakota.
(2) Boundaries.--The Heritage Area shall consist of--
(A) a core area of resources in Burleigh, McLean, Mercer,
Morton, and Oliver Counties in the State; and
(B) any sites, buildings, and districts within the core
area recommended by the management plan for inclusion in the
Heritage Area.
(3) Map.--A map of the Heritage Area shall be--
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the local coordinating entity and the
National Park Service.
(c) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the
Heritage Area shall be the Northern Plains Heritage
Foundation, a nonprofit corporation established under the
laws of the State.
(2) Duties.--To further the purposes of the Heritage Area,
the Northern Plains Heritage Foundation, as the local
coordinating entity, shall--
(A) prepare a management plan for the Heritage Area, and
submit the management plan to the Secretary, in accordance
with this section;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying--
(i) the specific performance goals and accomplishments of
the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds; and
(D) encourage economic viability and sustainability that is
consistent with the purposes of the Heritage Area.
(3) Authorities.--For the purposes of preparing and
implementing the approved management plan for the Heritage
Area, the local coordinating entity may use Federal funds
made available under this section to--
(A) make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(C) hire and compensate staff, including individuals with
expertise in--
(i) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
other Federal programs;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(4) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized to
be appropriated under this section to acquire any interest in
real property.
(5) Other sources.--Nothing in this section precludes the
local coordinating entity from using Federal funds from other
sources for authorized purposes.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed management
plan for the Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(B) include a description of actions and commitments that
Federal, State, tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
Heritage Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any Federal,
State, tribal, or local government agency, organization,
business, or individual;
(G) include an analysis of, and recommendations for, means
by which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation of the Heritage Area, the
local coordinating entity shall submit the management plan to
the Secretary for approval.
(B) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with subparagraph
(A), the local coordinating entity shall not qualify for any
additional financial assistance under this section until such
time as the management plan is submitted to and approved by
the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for the Heritage Area on the basis of the
criteria established under subparagraph (B).
(B) Criteria for approval.--In determining whether to
approve a management plan for the Heritage Area, the
Secretary shall consider whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including Federal, State,
tribal, and local governments, natural, and historic resource
protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(ii) the local coordinating entity--
(I) has afforded adequate opportunity for public and
Federal, State, tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(II) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation,
funding, management, and
[[Page 7007]]
development strategies described in the management plan, if
implemented, would adequately protect, enhance, interpret,
fund, manage, and develop the natural, historic, cultural,
educational, scenic, and recreational resources of the
Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(v) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(vi) the Secretary has received adequate assurances from
the appropriate State, tribal, and local officials whose
support is needed to ensure the effective implementation of
the State, tribal, and local elements of the management plan;
and
(vii) the management plan demonstrates partnerships among
the local coordinating entity, Federal, State, tribal, and
local governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(C) Disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(D) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(E) Authorities.--The Secretary may--
(i) provide technical assistance under this section for the
development and implementation of the management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(e) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide financial assistance and,
on a reimbursable or nonreimbursable basis, technical
assistance to the local coordinating entity to develop and
implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(4) Other federal agencies.--Nothing in this section--
(A) modifies or alters any laws (including regulations)
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(f) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
(B) modify public access to, or use of, the property of the
property owner under any other Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(g) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of this section for the
Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(i) Termination of Authority.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Baltimore National Heritage Area, established by subsection
(b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (b)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (c)(1)(A).
(4) Map.--The term ``map'' means the map entitled
``Baltimore National Heritage Area'', numbered T10/80,000,
and dated October 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Maryland.
(b) Baltimore National Heritage Area.--
(1) Establishment.--There is established the Baltimore
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of
the following areas, as described on the map:
(A) The area encompassing the Baltimore City Heritage Area
certified by the Maryland Heritage Areas Authority in October
2001 as part of the Baltimore City Heritage Area Management
Action Plan.
(B) The Mount Auburn Cemetery.
(C) The Cylburn Arboretum.
(D) The Middle Branch of the Patapsco River and surrounding
shoreline, including--
(i) the Cruise Maryland Terminal;
(ii) new marina construction;
(iii) the National Aquarium Aquatic Life Center;
(iv) the Westport Redevelopment;
(v) the Gwynns Falls Trail;
(vi) the Baltimore Rowing Club; and
[[Page 7008]]
(vii) the Masonville Cove Environmental Center.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the Baltimore Heritage Area
Association.
(4) Local coordinating entity.--The Baltimore Heritage Area
Association shall be the local coordinating entity for the
Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historic, scenic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with the themes of
the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
region and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(D) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental
and interagency agreements to protect the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(G) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement, and
interpretation; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any government,
organization, business, or individual;
(H) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section,
the local coordinating entity shall not qualify for
additional financial assistance under this section until the
management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the natural, historic, and cultural
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
[[Page 7009]]
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods
or services fairly valued.
(i) Termination of Effectiveness.--The authority of the
Secretary to provide assistance under this section terminates
on the date that is 15 years after the date of enactment of
this Act.
SEC. 8006. FREEDOM'S WAY NATIONAL HERITAGE AREA,
MASSACHUSETTS AND NEW HAMPSHIRE.
(a) Purposes.--The purposes of this section are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector,
and local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities described in paragraph (1) to
preserve the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the
cultural, historic, and natural resources of the Heritage
Area for the educational and inspirational benefit of future
generations.
(b) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by
subsection (c)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (c)(4).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (d)(1)(A).
(4) Map.--The term ``map'' means the map entitled
``Freedom's Way National Heritage Area'', numbered T04/
80,000, and dated July 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--
(1) In general.--There is established the Freedom's Way
National Heritage Area in the States of Massachusetts and New
Hampshire.
(2) Boundaries.--
(A) In general.--The boundaries of the Heritage Area shall
be as generally depicted on the map.
(B) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(i) proposed in the management plan;
(ii) approved by the Secretary in accordance with
subsection (e)(4); and
(iii) placed on file in accordance with paragraph (3).
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the local coordinating entity.
(4) Local coordinating entity.--The Freedom's Way Heritage
Association, Inc., shall be the local coordinating entity for
the Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) carrying out programs and projects that recognize and
protect important resource values within the Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historic, and cultural resources of the Heritage
Area;
(v) protecting and restoring historic buildings in the
Heritage Area that are consistent with the themes of the
Heritage Area; and
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations,
[[Page 7010]]
and individuals in the Heritage Area in the preparation and
implementation of the management plan;
(D) conduct meetings open to the public at least quarterly
regarding the development and implementation of the
management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants to the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the States of Massachusetts and New
Hampshire, political subdivisions of the States, nonprofit
organizations, Federal agencies, and other interested
parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(4) Use of funds for non-federal property.--The local
coordinating entity may use Federal funds made available
under this section to assist non-Federal property that is--
(A) described in the management plan; or
(B) listed, or eligible for listing, on the National
Register of Historic Places.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for the conservation, funding, management,
and development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) provide a framework for coordination of the plans
considered under subparagraph (B) to present a unified
historic preservation and interpretation plan;
(D) contain the contributions of residents, public
agencies, and private organizations within the Heritage Area;
(E) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(F) specify existing and potential sources of funding or
economic development strategies to conserve, manage, and
develop the Heritage Area;
(G) include an inventory of the natural, historic, and
recreational resources of the Heritage Area, including a list
of properties that--
(i) are related to the themes of the Heritage Area; and
(ii) should be conserved, restored, managed, developed, or
maintained;
(H) recommend policies and strategies for resource
management that--
(i) apply appropriate land and water management techniques;
(ii) include the development of intergovernmental and
interagency agreements to protect the natural, historic, and
cultural resources of the Heritage Area; and
(iii) support economic revitalization efforts;
(I) describe a program for implementation of the management
plan, including--
(i) restoration and construction plans or goals;
(ii) a program of public involvement;
(iii) annual work plans; and
(iv) annual reports;
(J) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section;
(K) include an interpretive plan for the Heritage Area; and
(L) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this section,
the local coordinating entity shall not qualify for
additional financial assistance under this section until the
management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the natural, historic, and cultural
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(C) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(D) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(f) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historic, and
cultural resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (j), the Secretary shall--
[[Page 7011]]
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the States of Massachusetts
and New Hampshire to manage fish and wildlife, including the
regulation of fishing and hunting within the Heritage Area;
or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(j) Termination of Financial Assistance.--The authority of
the Secretary to provide financial assistance under this
section terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Mississippi Hills National Heritage Area established by
subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
Heritage Area designated by subsection (b)(3)(A).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under
subsection (c)(1)(A).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Mississippi.
(b) Mississippi Hills National Heritage Area.--
(1) Establishment.--There is established the Mississippi
Hills National Heritage Area in the State.
(2) Boundaries.--
(A) Affected counties.--The Heritage Area shall consist of
all, or portions of, as specified by the boundary description
in subparagraph (B), Alcorn, Attala, Benton, Calhoun,
Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes,
Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe,
Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss,
Tate, Tippah, Tishomingo, Union, Webster, Winston, and
Yalobusha Counties in the State.
(B) Boundary description.--The Heritage Area shall have the
following boundary description:
(i) traveling counterclockwise, the Heritage Area shall be
bounded to the west by U.S. Highway 51 from the Tennessee
State line until it intersects Interstate 55 (at Geeslin
Corner approximately \1/2\ mile due north of Highway
Interchange 208);
(ii) from this point, Interstate 55 shall be the western
boundary until it intersects with Mississippi Highway 12 at
Highway Interchange 156, the intersection of which shall be
the southwest terminus of the Heritage Area;
(iii) from the southwest terminus, the boundary shall--
(I) extend east along Mississippi Highway 12 until it
intersects U.S. Highway 51;
(II) follow Highway 51 south until it is intersected again
by Highway 12;
(III) extend along Highway 12 into downtown Kosciusko where
it intersects Mississippi Highway 35;
(IV) follow Highway 35 south until it is intersected by
Mississippi Highway 14; and
(V) extend along Highway 14 until it reaches the Alabama
State line, the intersection of which shall be the southeast
terminus of the Heritage Area;
(iv) from the southeast terminus, the boundary of the
Heritage Area shall follow the Mississippi-Alabama State line
until it reaches the Mississippi-Tennessee State line, the
intersection of which shall be the northeast terminus of the
Heritage Area; and
(v) the boundary shall extend due west until it reaches
U.S. Highway 51, the intersection of which shall be the
northwest terminus of the Heritage Area.
(3) Local coordinating entity.--
(A) In general.--The local coordinating entity for the
Heritage Area shall be the Mississippi Hills Heritage Area
Alliance, a nonprofit organization registered by the State,
with the cooperation and support of the University of
Mississippi.
(B) Board of directors.--
(i) In general.--The local coordinating entity shall be
governed by a Board of Directors comprised of not more than
30 members.
(ii) Composition.--Members of the Board of Directors shall
consist of--
(I) not more than 1 representative from each of the
counties described in paragraph (2)(A); and
(II) any ex-officio members that may be appointed by the
Board of Directors, as the Board of Directors determines to
be necessary.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(ii) developing recreational opportunities in the Heritage
Area;
(iii) increasing public awareness of, and appreciation for,
natural, historical, cultural, archaeological, and
recreational resources of the Heritage Area;
(iv) restoring historic sites and buildings in the Heritage
Area that are consistent with the themes of the Heritage
Area; and
(v) carrying out any other activity that the local
coordinating entity determines to be consistent with this
section;
(C) conduct meetings open to the public at least annually
regarding the development
[[Page 7012]]
and implementation of the management plan;
(D) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(E) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(F) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(G) ensure that each county included in the Heritage Area
is appropriately represented on any oversight advisory
committee established under this section to coordinate the
Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants and loans to the State, political
subdivisions of the State, nonprofit organizations, and other
persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, and other organizations;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program; and
(E) contract for goods or services.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) provide recommendations for the preservation,
conservation, enhancement, funding, management,
interpretation, development, and promotion of the cultural,
historical, archaeological, natural, and recreational
resources of the Heritage Area;
(B) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(C) include--
(i) an inventory of the natural, historical, cultural,
archaeological, and recreational resources of the Heritage
Area; and
(ii) an analysis of how Federal, State, tribal, and local
programs may best be coordinated to promote and carry out
this section;
(D) provide recommendations for educational and
interpretive programs to provide information to the public on
the resources of the Heritage Area; and
(E) involve residents of affected communities and tribal
and local governments.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the local coordinating entity shall not qualify
for additional financial assistance under this section until
the management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historical resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the natural, historical, cultural,
archaeological, and recreational resources of the Heritage
Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Review; amendments.--
(i) In general.--After approval by the Secretary of the
management plan, the Alliance shall periodically--
(I) review the management plan; and
(II) submit to the Secretary, for review and approval by
the Secretary, any recommendations for revisions to the
management plan.
(ii) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(iii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant natural, historical,
cultural, archaeological, and recreational resources of the
Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
[[Page 7013]]
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Effect.--
(1) Property owners and regulatory protections.--Nothing in
this section--
(A) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(B) requires any property owner to--
(i) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(ii) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(C) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(D) conveys any land use or other regulatory authority to
the local coordinating entity;
(E) authorizes or implies the reservation or appropriation
of water or water rights;
(F) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(G) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(2) No effect on indian tribes.--Nothing in this section--
(A) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(B) diminishes the trust responsibilities or government-to-
government obligations of the United States to any Indian
tribe recognized by the Federal Government.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods
or services fairly valued.
(i) Termination of Financial Assistance.--The authority of
the Secretary to provide financial assistance under this
section terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the local coordinating entity.
(2) Heritage area.--The term ``Heritage Area'' means the
Mississippi Delta National Heritage Area established by
subsection (b)(1).
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by subsection (b)(4)(A).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
subsection (d).
(5) Map.--The term ``map'' means the map entitled
``Mississippi Delta National Heritage Area'', numbered T13/
80,000, and dated April 2008.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of
Mississippi.
(b) Establishment.--
(1) Establishment.--There is established in the State the
Mississippi Delta National Heritage Area.
(2) Boundaries.--The Heritage Area shall include all
counties in the State that contain land located in the
alluvial floodplain of the Mississippi Delta, including
Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys,
Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower,
Tallahatchie, Tate, Tunica, Warren, Washington, and Yazoo
Counties in the State, as depicted on the map.
(3) Availability of map.--The map shall be on file and
available for public inspection in the office of the Director
of the National Park Service.
(4) Local coordinating entity.--
(A) Designation.--The Mississippi Delta National Heritage
Area Partnership shall be the local coordinating entity for
the Heritage Area.
(B) Board of directors.--
(i) Composition.--
(I) In general.--The local coordinating entity shall be
governed by a Board of Directors composed of 15 members, of
whom--
(aa) 1 member shall be appointed by Delta State University;
(bb) 1 member shall be appointed by Mississippi Valley
State University;
(cc) 1 member shall be appointed by Alcorn State
University;
(dd) 1 member shall be appointed by the Delta Foundation;
(ee) 1 member shall be appointed by the Smith Robertson
Museum;
(ff) 1 member shall be appointed from the office of the
Governor of the State;
(gg) 1 member shall be appointed by Delta Council;
(hh) 1 member shall be appointed from the Mississippi Arts
Commission;
(ii) 1 member shall be appointed from the Mississippi
Department of Archives and History;
(jj) 1 member shall be appointed from the Mississippi
Humanities Council; and
(kk) up to 5 additional members shall be appointed for
staggered 1- and 2-year terms by County boards in the
Heritage Area.
(II) Residency requirements.--At least 7 members of the
Board shall reside in the Heritage Area.
(ii) Officers.--
(I) In general.--At the initial meeting of the Board, the
members of the Board shall appoint a Chairperson, Vice
Chairperson, and Secretary/Treasurer.
(II) Duties.--
(aa) Chairperson.--The duties of the Chairperson shall
include--
(AA) presiding over meetings of the Board;
(BB) executing documents of the Board; and
(CC) coordinating activities of the Heritage Area with
Federal, State, local, and nongovernmental officials.
(bb) Vice chairperson.--The Vice Chairperson shall act as
Chairperson in the absence or disability of the Chairperson.
(iii) Management authority.--
(I) In general.--The Board shall--
(aa) exercise all corporate powers of the local
coordinating entity;
(bb) manage the activities and affairs of the local
coordinating entity; and
(cc) subject to any limitations in the articles and bylaws
of the local coordinating entity, this section, and any other
applicable Federal or State law, establish the policies of
the local coordinating entity.
(II) Staff.--The Board shall have the authority to employ
any services and staff that are determined to be necessary by
a majority vote of the Board.
(iv) Bylaws.--
(I) In general.--The Board may amend or repeal the bylaws
of the local coordinating entity at any meeting of the Board
by a majority vote of the Board.
(II) Notice.--The Board shall provide notice of any meeting
of the Board at which an amendment to the bylaws is to be
considered that includes the text or a summary of the
proposed amendment.
(v) Minutes.--Not later than 60 days after a meeting of the
Board, the Board shall distribute the minutes of the meeting
among all Board members and the county supervisors in each
county within the Heritage Area.
(c) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historic, scenic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with the themes of
the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations,
[[Page 7014]]
and individuals in the Heritage Area in the preparation and
implementation of the management plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(F) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(G) require in all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds; and
(H) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
region and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area;
(D) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area relating to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental
and interagency agreements to protect the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(G) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement, and
interpretation; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any government,
organization, business, or individual;
(H) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area; and
(J) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the local coordinating entity shall not qualify
for additional financial assistance under this section until
the management plan is submitted to, and approved by, the
Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State and any tribal government in
which the Heritage Area is located before approving the
management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including governments,
natural and historic resource protection organizations,
educational institutions, businesses, community residents,
and recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan;
(iii) the resource protection and interpretation strategies
described in the management plan, if implemented, would
adequately protect the cultural, historical, archaeological,
natural, and recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal or tribal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan; and
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan.
(D) Action following disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized to be appropriated by this
section to implement an amendment to the management plan
until the Secretary approves the amendment.
(e) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(C) Priority.--In assisting the Heritage Area, the
Secretary shall give priority to actions that assist in--
(i) conserving the significant cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area; and
(ii) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(D) Prohibition of certain requirements.--The Secretary may
not, as a condition of the provision of technical or
financial assistance under this subsection, require any
recipient of the assistance to impose or modify any land use
restriction or zoning ordinance.
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (i), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park
[[Page 7015]]
Service, if any, with respect to the Heritage Area, in
accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area;
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property;
(8) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(9) diminishes the trust responsibilities of government-to-
government obligations of the United States of any federally
recognized Indian tribe.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution--
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions of goods
or services fairly valued.
(i) Termination of Financial Assistance.--The authority of
the Secretary to provide financial assistance under this
section terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.
(a) Purposes.--The purposes of this section are--
(1) to preserve, support, conserve, and interpret the
legacy of the region represented by the Heritage Area as
described in the feasibility study prepared by the National
Park Service;
(2) to promote heritage, cultural, and recreational
tourism, and to develop educational and cultural programs for
visitors and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the
growth of the United States, including the Native American,
Colonial American, European American, and African American
heritage;
(4) to recognize and interpret the manner by which the
distinctive geography of the region has shaped the
development of the settlement, defense, transportation,
commerce, and culture of the region;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government,
the private sector, and the local communities in the region
to identify, preserve, interpret, and develop the historical,
cultural, scenic, and natural resources of the region for the
educational and inspirational benefit of current and future
generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
(b) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Muscle Shoals National Heritage Area established by
subsection (c)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Muscle Shoals Regional
Center, the local coordinating entity for the Heritage Area
designated by subsection (c)(4).
(3) Management plan.--The term ``management plan'' means
the plan for the Heritage Area required under subsection
(d)(1)(A).
(4) Map.--The term ``map'' means the map entitled ``Muscle
Shoals National Heritage Area'', numbered T08/80,000, and
dated October 2007.
(5) State.--The term ``State'' means the State of Alabama.
(c) Establishment.--
(1) In general.--There is established the Muscle Shoals
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall be comprised of
the following areas, as depicted on the map:
(A) The Counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan, Alabama.
(B) The Wilson Dam.
(C) The Handy Home.
(D) The birthplace of Helen Keller.
(3) Availability map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the local coordinating entity.
(4) Local coordinating entity.--The Muscle Shoals Regional
Center shall be the local coordinating entity for the
Heritage Area.
(d) Duties and Authorities of Local Coordinating Entity.--
(1) Duties of the local coordinating entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraged funds; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds;
(D) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area;
and
(E) serve as a catalyst for the implementation of projects
and programs among diverse partners in the Heritage Area.
(2) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan,
use Federal funds made available under this section to--
(A) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff, including individuals with
expertise in--
[[Page 7016]]
(i) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds received under
this section to acquire any interest in real property.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to develop the management
plan, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the
Heritage Area.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the Heritage Area and encouraging long-term
resource protection, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(B) include a description of actions and commitments that
Federal, State, tribal, and local governments, private
organizations, and citizens plan to take to protect, enhance,
interpret, fund, manage, and develop the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the stories and themes of the
Heritage Area that should be protected, enhanced,
interpreted, managed, funded, or developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historic, cultural,
educational, scenic, and recreational resources of the
Heritage Area;
(F) describe a program for implementation of the management
plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any Federal,
State, tribal, or local government agency, organization,
business, or individual;
(G) include an analysis of, and recommendations for, ways
in which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
Heritage Area) to further the purposes of this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities described in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Termination of funding.--If the management plan is not
submitted to the Secretary by the date that is 3 years after
the date on which funds are first made available to develop
the management plan, the local coordinating entity shall not
qualify for additional financial assistance under this
section until the management plan is submitted to, and
approved by, the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after the date on
which the Secretary receives the management plan, the
Secretary shall approve or disapprove the management plan.
(B) Consultation required.--The Secretary shall consult
with the Governor of the State in which the Heritage Area is
located before approving the management plan.
(C) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including Federal, State,
tribal, and local governments, natural and historic resource
protection organizations, educational institutions,
businesses, community residents, recreational organizations,
and private property owners;
(ii) the local coordinating entity--
(I) has afforded adequate opportunity for public and
Federal, State, tribal, and local governmental involvement
(including through workshops and public meetings) in the
preparation of the management plan; and
(II) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, scenic, and recreational
resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under applicable laws
or land use plans;
(v) the Secretary has received adequate assurances from the
appropriate State, tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, tribal, and local aspects of the management plan;
(vi) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the management plan; and
(vii) the management plan demonstrates partnerships among
the local coordinating entity, Federal, State, tribal, and
local governments, regional planning organizations, nonprofit
organizations, and private sector parties for implementation
of the management plan.
(D) Disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this section to implement
an amendment to the management plan until the Secretary
approves the amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the authority of
this section for the development and implementation of the
management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(f) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance, on a reimbursable or nonreimbursable basis (as
determined by the Secretary), to the local coordinating
entity to develop and implement the management plan.
(B) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to provide technical or
financial assistance under subparagraph (A).
(2) Evaluation; report.--
(A) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under subsection (j), the Secretary shall--
(i) conduct an evaluation of the accomplishments of the
Heritage Area; and
(ii) prepare a report with recommendations for the future
role of the National Park Service, if any, with respect to
the Heritage Area, in accordance with subparagraph (C).
(B) Evaluation.--An evaluation conducted under subparagraph
(A)(i) shall--
(i) assess the progress of the local coordinating entity
with respect to--
(I) accomplishing the purposes of this section for the
Heritage Area; and
(II) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(ii) analyze the Federal, State, tribal, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(C) Report.--
(i) In general.--Based on the evaluation conducted under
subparagraph (A)(i), the Secretary shall prepare a report
that includes recommendations for the future role of the
National Park Service, if any, with respect to the Heritage
Area.
(ii) Required analysis.--If the report prepared under this
subparagraph recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis
of--
(I) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(II) the appropriate time period necessary to achieve the
recommended reduction or elimination.
[[Page 7017]]
(iii) Submission to congress.--On completion of a report
under this subparagraph, the Secretary shall submit the
report to--
(I) the Committee on Energy and Natural Resources of the
Senate; and
(II) the Committee on Natural Resources of the House of
Representatives.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(2) Consultation and coordination.--To the maximum extent
practicable, the head of any Federal agency planning to
conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the
maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(h) Property Owners and Regulatory Protections.--Nothing in
this section--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(2) requires any property owner to--
(A) permit public access (including Federal, tribal, State,
or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State, or
local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any
Federal, State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) Availability.--Funds made available under paragraph (1)
shall remain available until expended.
(3) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity under this section shall be not more than 50
percent.
(B) Form.--The non-Federal contribution may be in the form
of in-kind contributions of goods or services fairly valued.
(4) Use of federal funds from other sources.--Nothing in
this section precludes the local coordinating entity from
using Federal funds available under provisions of law other
than this section for the purposes for which those funds were
authorized.
(j) Termination of Effectiveness.--The authority of the
Secretary to provide financial assistance under this section
terminates on the date that is 15 years after the date of
enactment of this Act.
SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE
AREA, ALASKA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Kenai Mountains-Turnagain Arm National Heritage Area
established by subsection (b)(1).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Kenai Mountains-Turnagain Arm
Corridor Communities Association.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals of
the Heritage Area, in accordance with this section.
(4) Map.--The term ``map'' means the map entitled
``Proposed Kenai Mountains-Turnagain Arm NHA'' and dated
August 7, 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Designation of the Kenai Mountains-Turnagain Arm
National Heritage Area.--
(1) Establishment.--There is established the Kenai
Mountains-Turnagain Arm National Heritage Area.
(2) Boundaries.--The Heritage Area shall be comprised of
the land in the Kenai Mountains and upper Turnagain Arm
region, as generally depicted on the map.
(3) Availability of map.--The map shall be on file and
available for public inspection in--
(A) the appropriate offices of the Forest Service, Chugach
National Forest;
(B) the Alaska Regional Office of the National Park
Service; and
(C) the office of the Alaska State Historic Preservation
Officer.
(c) Management Plan.--
(1) Local coordinating entity.--The local coordinating
entity, in partnership with other interested parties, shall
develop a management plan for the Heritage Area in accordance
with this section.
(2) Requirements.--The management plan for the Heritage
Area shall--
(A) describe comprehensive policies, goals, strategies, and
recommendations for use in--
(i) telling the story of the heritage of the area covered
by the Heritage Area; and
(ii) encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(B) include a description of actions and commitments that
the Federal Government, State, tribal, and local governments,
private organizations, and citizens will take to protect,
enhance, interpret, fund, manage, and develop the natural,
historical, cultural, educational, scenic, and recreational
resources of the Heritage Area;
(C) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
Heritage Area;
(F) describe a program for implementation for the
management plan, including--
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that have
been made by the local coordinating entity or any Federal,
State, tribal, or local government agency, organization,
business, or individual;
(G) include an analysis of, and recommendations for, means
by which Federal, State, tribal, and local programs may best
be coordinated (including the role of the National Park
Service, the Forest Service, and other Federal agencies
associated with the Heritage Area) to further the purposes of
this section; and
(H) include a business plan that--
(i) describes the role, operation, financing, and functions
of the local coordinating entity and each of the major
activities contained in the management plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(3) Deadline.--
(A) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after the date of enactment of this Act, the
local coordinating entity shall submit the management plan to
the Secretary for approval.
(B) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with subparagraph
(A), the local coordinating entity shall not qualify for any
additional financial assistance under this section until such
time as the management plan is submitted to and approved by
the Secretary.
(4) Approval of management plan.--
(A) Review.--Not later than 180 days after receiving the
management plan under paragraph (3), the Secretary shall
review and approve or disapprove the management plan for a
Heritage Area on the basis of the criteria established under
subparagraph (C).
(B) Consultation.--The Secretary shall consult with the
Governor of the State in which the Heritage Area is located
before approving a management plan for the Heritage Area.
(C) Criteria for approval.--In determining whether to
approve a management plan for the Heritage Area, the
Secretary shall consider whether--
(i) the local coordinating entity represents the diverse
interests of the Heritage Area, including the Federal
Government, State, tribal, and local governments, natural and
historical resource protection organizations, educational
institutions, businesses, recreational organizations,
community residents, and private property owners;
(ii) the local coordinating entity--
(I) has afforded adequate opportunity for public and
Federal, State, tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
[[Page 7018]]
(II) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(iii) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historical, cultural, educational, scenic, and
recreational resources of the Heritage Area;
(iv) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(v) the local coordinating entity has demonstrated the
financial capability, in partnership with other interested
parties, to carry out the plan;
(vi) the Secretary has received adequate assurances from
the appropriate State, tribal, and local officials whose
support is needed to ensure the effective implementation of
the State, tribal, and local elements of the management plan;
and
(vii) the management plan demonstrates partnerships among
the local coordinating entity, Federal Government, State,
tribal, and local governments, regional planning
organizations, nonprofit organizations, or private sector
parties for implementation of the management plan.
(D) Disapproval.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary--
(I) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(II) may make recommendations to the local coordinating
entity for revisions to the management plan.
(ii) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(E) Amendments.--
(i) In general.--An amendment to the management plan that
substantially alters the purposes of the Heritage Area shall
be reviewed by the Secretary and approved or disapproved in
the same manner as the original management plan.
(ii) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this section to implement
an amendment to the management plan until the Secretary
approves the amendment.
(F) Authorities.--The Secretary may--
(i) provide technical assistance under the authority of
this section for the development and implementation of the
management plan; and
(ii) enter into cooperative agreements with interested
parties to carry out this section.
(d) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area under this section, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, tribal, local, and private
investments in the Heritage Area to determine the impact of
the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report that includes recommendations for
the future role of the National Park Service, if any, with
respect to the Heritage Area.
(e) Local Coordinating Entity.--
(1) Duties.--To further the purposes of the Heritage Area,
in addition to developing the management plan for the
Heritage Area under subsection (c), the local coordinating
entity shall--
(A) serve to facilitate and expedite the implementation of
projects and programs among diverse partners in the Heritage
Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying--
(i) the specific performance goals and accomplishments of
the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and sources
of the leveraging; and
(v) grants made to any other entities during the fiscal
year;
(C) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this section, all information pertaining to the expenditure
of the funds and any matching funds; and
(D) encourage economic viability and sustainability that is
consistent with the purposes of the Heritage Area.
(2) Authorities.--For the purpose of preparing and
implementing the approved management plan for the Heritage
Area under subsection (c), the local coordinating entity may
use Federal funds made available under this section--
(A) to make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) to enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(C) to hire and compensate staff, including individuals
with expertise in--
(i) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) to obtain funds or services from any source, including
other Federal programs;
(E) to enter into contracts for goods or services; and
(F) to support activities of partners and any other
activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
(3) Prohibition on acquisition of real property.--The local
coordinating entity may not use Federal funds authorized
under this section to acquire any interest in real property.
(f) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this section affects the
authority of a Federal agency to provide technical or
financial assistance under any other provision of law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on a Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the local coordinating
entity, to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this section--
(A) modifies, alters, or amends any law (including a
regulation) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(g) Private Property and Regulatory Protections.--Nothing
in this section--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the
capacity of existing roads or to construct new roads) of any
Federal, State, tribal, or local agency, or conveys any land
use or other regulatory authority to any local coordinating
entity, including development and management of energy or
water or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of any State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(h) Funding.--
(1) Authorization of appropriations.--Subject to paragraph
(2), there is authorized to be appropriated to carry out this
section $1,000,000 for each fiscal year, to remain available
until expended.
(2) Limitation on total amounts appropriated.--Not more
than a total of $10,000,000 may be made available to carry
out this section.
(3) Cost-sharing.--
(A) In general.--The Federal share of the total cost of any
activity carried out under this section shall not exceed 50
percent.
(B) Form of non-federal share.--The non-Federal share of
the cost of any activity carried out under this section may
be provided in the form of in-kind contributions of goods or
services fairly valued.
(i) Termination of Authority.--The authority of the
Secretary to provide financial assistance under this section
terminates on the date that is 15 years after the date of
enactment of this Act.
[[Page 7019]]
Subtitle B--Studies
SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.
(a) Definitions.--In this section:
(1) Corridor.--The term ``Corridor'' means the
Chattahoochee Trace National Heritage Corridor.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``study area'' means the study
area described in subsection (b)(2).
(b) Study.--
(1) In general.--The Secretary, in consultation with State
historic preservation officers, State historical societies,
State tourism offices, and other appropriate organizations or
agencies, shall conduct a study to assess the suitability and
feasibility of designating the study area as the
Chattahoochee Trace National Heritage Corridor.
(2) Study area.--The study area includes--
(A) the portion of the Apalachicola-Chattahoochee-Flint
River Basin and surrounding areas, as generally depicted on
the map entitled ``Chattahoochee Trace National Heritage
Corridor, Alabama/Georgia'', numbered T05/80000, and dated
July 2007; and
(B) any other areas in the State of Alabama or Georgia
that--
(i) have heritage aspects that are similar to the areas
depicted on the map described in subparagraph (A); and
(ii) are adjacent to, or in the vicinity of, those areas.
(3) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historic, and cultural
resources that--
(i) represent distinctive aspects of the heritage of the
United States;
(ii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iii) would be best managed--
(I) through partnerships among public and private entities;
and
(II) by linking diverse and sometimes noncontiguous
resources and active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
(C) provides--
(i) outstanding opportunities to conserve natural,
historic, cultural, or scenic features; and
(ii) outstanding recreational and educational
opportunities;
(D) contains resources that--
(i) are important to any identified themes of the study
area; and
(ii) retain a degree of integrity capable of supporting
interpretation;
(E) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(i) are involved in the planning of the Corridor;
(ii) have developed a conceptual financial plan that
outlines the roles of all participants in the Corridor,
including the Federal Government; and
(iii) have demonstrated support for the designation of the
Corridor;
(F) has a potential management entity to work in
partnership with the individuals and entities described in
subparagraph (E) to develop the Corridor while encouraging
State and local economic activity; and
(G) has a conceptual boundary map that is supported by the
public.
(c) Report.--Not later than the 3rd fiscal year after the
date on which funds are first made available to carry out
this section, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 8102. NORTHERN NECK, VIRGINIA.
(a) Definitions.--In this section:
(1) Proposed heritage area.--The term ``proposed Heritage
Area'' means the proposed Northern Neck National Heritage
Area.
(2) State.--The term ``State'' means the State of Virginia.
(3) Study area.--The term ``study area'' means the area
that is comprised of--
(A) the area of land located between the Potomac and
Rappahannock rivers of the eastern coastal region of the
State;
(B) Westmoreland, Northumberland, Richmond, King George,
and Lancaster Counties of the State; and
(C) any other area that--
(i) has heritage aspects that are similar to the heritage
aspects of the areas described in subparagraph (A) or (B);
and
(ii) is located adjacent to, or in the vicinity of, those
areas.
(b) Study.--
(1) In general.--In accordance with paragraphs (2) and (3),
the Secretary, in consultation with appropriate State
historic preservation officers, State historical societies,
and other appropriate organizations, shall conduct a study to
determine the suitability and feasibility of designating the
study area as the Northern Neck National Heritage Area.
(2) Requirements.--The study shall include analysis,
documentation, and determinations on whether the study area--
(A) has an assemblage of natural, historical, cultural,
educational, scenic, or recreational resources that together
are nationally important to the heritage of the United
States;
(B) represents distinctive aspects of the heritage of the
United States worthy of recognition, conservation,
interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the local
or regional level;
(D) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the heritage of the United
States;
(E) provides outstanding opportunities to conserve natural,
historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities;
(G) contains resources and has traditional uses that have
national importance;
(H) includes residents, business interests, nonprofit
organizations, and appropriate Federal agencies and State and
local governments that are involved in the planning of, and
have demonstrated significant support for, the designation
and management of the proposed Heritage Area;
(I) has a proposed local coordinating entity that is
responsible for preparing and implementing the management
plan developed for the proposed Heritage Area;
(J) with respect to the designation of the study area, has
the support of the proposed local coordinating entity and
appropriate Federal agencies and State and local governments,
each of which has documented the commitment of the entity to
work in partnership with each other entity to protect,
enhance, interpret, fund, manage, and develop the resources
located in the study area;
(K) through the proposed local coordinating entity, has
developed a conceptual financial plan that outlines the roles
of all participants (including the Federal Government) in the
management of the proposed Heritage Area;
(L) has a proposal that is consistent with continued
economic activity within the area; and
(M) has a conceptual boundary map that is supported by the
public and appropriate Federal agencies.
(3) Additional consultation requirement.--In conducting the
study under paragraph (1), the Secretary shall--
(A) consult with the managers of any Federal land located
within the study area; and
(B) before making any determination with respect to the
designation of the study area, secure the concurrence of each
manager with respect to each finding of the study.
(c) Determination.--
(1) In general.--The Secretary, in consultation with the
Governor of the State, shall review, comment on, and
determine if the study area meets each requirement described
in subsection (b)(2) for designation as a national heritage
area.
(2) Report.--
(A) In general.--Not later than 3 fiscal years after the
date on which funds are first made available to carry out the
study, the Secretary shall submit a report describing the
findings, conclusions, and recommendations of the study to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Requirements.--
(i) In general.--The report shall contain--
(I) any comments that the Secretary has received from the
Governor of the State relating to the designation of the
study area as a national heritage area; and
(II) a finding as to whether the study area meets each
requirement described in subsection (b)(2) for designation as
a national heritage area.
(ii) Disapproval.--If the Secretary determines that the
study area does not meet any requirement described in
subsection (b)(2) for designation as a national heritage
area, the Secretary shall include in the report a description
of each reason for the determination.
Subtitle C--Amendments Relating to National Heritage Corridors
SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL
HERITAGE CORRIDOR.
(a) Termination of Authority.--Section 106(b) of the
Quinebaug and Shetucket Rivers Valley National Heritage
Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103-449)
is amended by striking ``September 30, 2009'' and inserting
``September 30, 2015''.
(b) Evaluation; Report.--Section 106 of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of
1994 (16 U.S.C. 461 note; Public Law 103-449) is amended by
adding at the end the following:
``(c) Evaluation; Report.--
``(1) In general.--Not later than 3 years before the date
on which authority for Federal funding terminates for the
Corridor, the Secretary shall--
``(A) conduct an evaluation of the accomplishments of the
Corridor; and
``(B) prepare a report in accordance with paragraph (3).
[[Page 7020]]
``(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
``(A) assess the progress of the management entity with
respect to--
``(i) accomplishing the purposes of this title for the
Corridor; and
``(ii) achieving the goals and objectives of the management
plan for the Corridor;
``(B) analyze the Federal, State, local, and private
investments in the Corridor to determine the leverage and
impact of the investments; and
``(C) review the management structure, partnership
relationships, and funding of the Corridor for purposes of
identifying the critical components for sustainability of the
Corridor.
``(3) Report.--
``(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Corridor.
``(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Corridor be reauthorized, the report shall include an
analysis of--
``(i) ways in which Federal funding for the Corridor may be
reduced or eliminated; and
``(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
``(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
``(i) the Committee on Energy and Natural Resources of the
Senate; and
``(ii) the Committee on Natural Resources of the House of
Representatives.''.
(c) Authorization of Appropriations.--Section 109(a) of the
Quinebaug and Shetucket Rivers Valley National Heritage
Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103-449)
is amended by striking ``$10,000,000'' and inserting
``$15,000,000''.
SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.
The Delaware and Lehigh National Heritage Corridor Act of
1988 (16 U.S.C. 461 note; Public Law 100-692) is amended--
(1) in section 9--
(A) by striking ``The Commission'' and inserting the
following:
``(a) In General.--The Commission''; and
(B) by adding at the end the following:
``(b) Corporation as Local Coordinating Entity.--Beginning
on the date of enactment of the Omnibus Public Land
Management Act of 2009, the Corporation shall be the local
coordinating entity for the Corridor.
``(c) Implementation of Management Plan.--The Corporation
shall assume the duties of the Commission for the
implementation of the Plan.
``(d) Use of Funds.--The Corporation may use Federal funds
made available under this Act--
``(1) to make grants to, and enter into cooperative
agreements with, the Federal Government, the Commonwealth,
political subdivisions of the Commonwealth, nonprofit
organizations, and individuals;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.
``(e) Restriction on Use of Funds.--The Corporation may not
use Federal funds made available under this Act to acquire
land or an interest in land.'';
(2) in section 10--
(A) in the first sentence of subsection (c), by striking
``shall assist the Commission'' and inserting ``shall, on the
request of the Corporation, assist'';
(B) in subsection (d)--
(i) by striking ``Commission'' each place it appears and
inserting ``Corporation'';
(ii) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the Corporation and other public
or private entities for the purpose of providing technical
assistance and grants under paragraph (1).
``(3) Priority.--In providing assistance to the Corporation
under paragraph (1), the Secretary shall give priority to
activities that assist in--
``(A) conserving the significant natural, historic,
cultural, and scenic resources of the Corridor; and
``(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the
Corridor.''; and
(C) by adding at the end the following:
``(e) Transition Memorandum of Understanding.--The
Secretary shall enter into a memorandum of understanding with
the Corporation to ensure--
``(1) appropriate transition of management of the Corridor
from the Commission to the Corporation; and
``(2) coordination regarding the implementation of the
Plan.'';
(3) in section 11, in the matter preceding paragraph (1),
by striking ``directly affecting'';
(4) in section 12--
(A) in subsection (a), by striking ``Commission'' each
place it appears and inserting ``Corporation'';
(B) in subsection (c)(1), by striking ``2007'' and
inserting ``2012''; and
(C) by adding at the end the following:
``(d) Termination of Assistance.--The authority of the
Secretary to provide financial assistance under this Act
terminates on the date that is 5 years after the date of
enactment of this subsection.''; and
(5) in section 14--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) the term `Corporation' means the Delaware & Lehigh
National Heritage Corridor, Incorporated, an organization
described in section 501(c)(3), and exempt from Federal tax
under section 501(a), of the Internal Revenue Code of
1986;''.
SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
The Erie Canalway National Heritage Corridor Act (16 U.S.C.
461 note; Public Law 106-554) is amended--
(1) in section 804--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``27'' and inserting ``at least 21 members, but not more than
27'';
(ii) in paragraph (2), by striking ``Environment'' and
inserting ``Environmental''; and
(iii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by striking
``19'';
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(IV) in subparagraph (B) (as redesignated by subclause
(III)), by striking the second sentence; and
(V) by inserting after subparagraph (B) (as redesignated by
subclause (III)) the following:
``(C) The remaining members shall be--
``(i) appointed by the Secretary, based on recommendations
from each member of the House of Representatives, the
district of which encompasses the Corridor; and
``(ii) persons that are residents of, or employed within,
the applicable congressional districts.'';
(B) in subsection (f), by striking ``Fourteen members of
the Commission'' and inserting ``A majority of the serving
Commissioners'';
(C) in subsection (g), by striking ``14 of its members''
and inserting ``a majority of the serving Commissioners'';
(D) in subsection (h), by striking paragraph (4) and
inserting the following:
``(4)(A) to appoint any staff that may be necessary to
carry out the duties of the Commission, subject to the
provisions of title 5, United States Code, relating to
appointments in the competitive service; and
``(B) to fix the compensation of the staff, in accordance
with the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to the
classification of positions and General Schedule pay
rates;''; and
(E) in subsection (j), by striking ``10 years'' and
inserting ``15 years'';
(2) in section 807--
(A) in subsection (e), by striking ``with regard to the
preparation and approval of the Canalway Plan''; and
(B) by adding at the end the following:
``(f) Operational Assistance.--Subject to the availability
of appropriations, the Superintendent of Saratoga National
Historical Park may, on request, provide to public and
private organizations in the Corridor (including the
Commission) any operational assistance that is appropriate to
assist with the implementation of the Canalway Plan.''; and
(3) in section 810(a)(1), in the first sentence, by
striking ``any fiscal year'' and inserting ``any fiscal year,
to remain available until expended''.
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
HERITAGE CORRIDOR.
Section 3(b)(2) of Public Law 99-647 (16 U.S.C. 461 note;
100 Stat. 3626, 120 Stat. 1857) is amended--
(1) by striking ``shall be the the'' and inserting ``shall
be the''; and
(2) by striking ``Directors from Massachusetts and Rhode
Island;'' and inserting ``Directors from Massachusetts and
Rhode Island, ex officio, or their delegates;''.
Subtitle D--Effect of Title
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.
Nothing in this title shall be construed as affecting
access for recreational activities otherwise allowed by law
or regulation, including hunting, fishing, or trapping.
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.
(a) In General.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may conduct feasibility
studies on projects that address water shortages within the
Snake, Boise, and Payette River systems in the State of
Idaho, and are considered appropriate for further study by
the Bureau of
[[Page 7021]]
Reclamation Boise Payette water storage assessment report
issued during 2006.
(b) Bureau of Reclamation.--A study conducted under this
section shall comply with Bureau of Reclamation policy
standards and guidelines for studies.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this section $3,000,000.
(d) Termination of Effectiveness.--The authority provided
by this section terminates on the date that is 10 years after
the date of enactment of this Act.
SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA.
(a) Definitions.--In this section:
(1) Appraisal report.--The term ``appraisal report'' means
the appraisal report concerning the augmentation alternatives
for the Sierra Vista Subwatershed in the State of Arizona,
dated June 2007 and prepared by the Bureau of Reclamation.
(2) Principles and guidelines.--The term ``principles and
guidelines'' means the report entitled ``Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies'' issued on March 10,
1983, by the Water Resources Council established under title
I of the Water Resources Planning Act (42 U.S.C. 1962a et
seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Sierra Vista Subwatershed Feasibility Study.--
(1) Study.--
(A) In general.--In accordance with the reclamation laws
and the principles and guidelines, the Secretary, acting
through the Commissioner of Reclamation, may complete a
feasibility study of alternatives to augment the water
supplies within the Sierra Vista Subwatershed in the State of
Arizona that are identified as appropriate for further study
in the appraisal report.
(B) Inclusions.--In evaluating the feasibility of
alternatives under subparagraph (A), the Secretary shall--
(i) include--
(I) any required environmental reviews;
(II) the construction costs and projected operations,
maintenance, and replacement costs for each alternative; and
(III) the economic feasibility of each alternative;
(ii) take into consideration the ability of Federal,
tribal, State, and local government sources and private
sources to fund capital construction costs and annual
operation, maintenance, energy, and replacement costs;
(iii) establish the basis for--
(I) any cost-sharing allocations; and
(II) anticipated repayment, if any, of Federal
contributions; and
(iv) perform a cost-benefit analysis.
(2) Cost sharing requirement.--
(A) In general.--The Federal share of the total costs of
the study under paragraph (1) shall not exceed 45 percent.
(B) Form of non-federal share.--The non-Federal share
required under subparagraph (A) may be in the form of any in-
kind service that the Secretary determines would contribute
substantially toward the conduct and completion of the study
under paragraph (1).
(3) Statement of congressional intent relating to
completion of study.--It is the intent of Congress that the
Secretary complete the study under paragraph (1) by a date
that is not later than 30 months after the date of enactment
of this Act.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,260,000.
(c) Water Rights.--Nothing in this section affects--
(1) any valid or vested water right in existence on the
date of enactment of this Act; or
(2) any application for water rights pending before the
date of enactment of this Act.
SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA.
(a) Feasibility Study, Project Development, Cost Share.--
(1) In general.--The Secretary of the Interior (hereinafter
referred to as ``Secretary''), in consultation and
cooperation with the City of San Diego and the Sweetwater
Authority, is authorized to undertake a study to determine
the feasibility of constructing a four reservoir intertie
system to improve water storage opportunities, water supply
reliability, and water yield of the existing non-Federal
water storage system. The feasibility study shall document
the Secretary's engineering, environmental, and economic
investigation of the proposed reservoir and intertie project
taking into consideration the range of potential solutions
and the circumstances and needs of the area to be served by
the proposed reservoir and intertie project, the potential
benefits to the people of that service area, and improved
operations of the proposed reservoir and intertie system. The
Secretary shall indicate in the feasibility report required
under paragraph (4) whether the proposed reservoir and
intertie project is recommended for construction.
(2) Federal cost share.--The Federal share of the costs of
the feasibility study shall not exceed 50 percent of the
total study costs. The Secretary may accept as part of the
non-Federal cost share, any contribution of such in-kind
services by the City of San Diego and the Sweetwater
Authority that the Secretary determines will contribute
toward the conduct and completion of the study.
(3) Cooperation.--The Secretary shall consult and cooperate
with appropriate State, regional, and local authorities in
implementing this subsection.
(4) Feasibility report.--The Secretary shall submit to
Congress a feasibility report for the project the Secretary
recommends, and to seek, as the Secretary deems appropriate,
specific authority to develop and construct any recommended
project. This report shall include--
(A) good faith letters of intent by the City of San Diego
and the Sweetwater Authority and its non-Federal partners to
indicate that they have committed to share the allocated
costs as determined by the Secretary; and
(B) a schedule identifying the annual operation,
maintenance, and replacement costs that should be allocated
to the City of San Diego and the Sweetwater Authority, as
well as the current and expected financial capability to pay
operation, maintenance, and replacement costs.
(b) Federal Reclamation Projects.--Nothing in this section
shall supersede or amend the provisions of Federal
Reclamation laws or laws associated with any project or any
portion of any project constructed under any authority of
Federal Reclamation laws.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $3,000,000 for the
Federal cost share of the study authorized in subsection (a).
(d) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this Act.
Subtitle B--Project Authorizations
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION
PROJECT, OREGON.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Tumalo
Irrigation District, Oregon.
(2) Project.--The term ``Project'' means the Tumalo
Irrigation District Water Conservation Project authorized
under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization To Plan, Design and Construct the Tumalo
Water Conservation Project.--
(1) Authorization.--The Secretary, in cooperation with the
District--
(A) may participate in the planning, design, and
construction of the Tumalo Irrigation District Water
Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project,
shall take into account any appropriate studies and reports
prepared by the District.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total cost of
the Project shall be 25 percent, which shall be
nonreimbursable to the United States.
(B) Credit toward non-federal share.--The Secretary shall
credit toward the non-Federal share of the Project any
amounts that the District provides toward the design,
planning, and construction before the date of enactment of
this Act.
(3) Title.--The District shall hold title to any facilities
constructed under this section.
(4) Operation and maintenance costs.--The District shall
pay the operation and maintenance costs of the Project.
(5) Effect.--Any assistance provided under this section
shall not be considered to be a supplemental or additional
benefit under Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary for the Federal share of
the cost of the Project $4,000,000.
(d) Termination of Authority.--The authority of the
Secretary to carry out this section shall expire on the date
that is 10 years after the date of enactment of this Act.
SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT,
CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Madera
Irrigation District, Madera, California.
(2) Project.--The term ``Project'' means the Madera Water
Supply Enhancement Project, a groundwater bank on the 13,646-
acre Madera Ranch in Madera, California, owned, operated,
maintained, and managed by the District that will plan,
design, and construct recharge, recovery, and delivery
systems able to store up to 250,000 acre-feet of water and
recover up to 55,000 acre-feet of water per year, as
substantially described in the California Environmental
Quality Act, Final Environmental Impact Report for the Madera
Irrigation District Water Supply Enhancement Project,
September 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Total cost.--The term ``total cost'' means all
reasonable costs, such as the planning, design, permitting,
and construction of the Project and the acquisition costs of
lands used or acquired by the District for the Project.
[[Page 7022]]
(b) Project Feasibility.--
(1) Project feasible.--Pursuant to the Reclamation Act of
1902 (32 Stat. 388) and Acts amendatory thereof and
supplemental thereto, the Project is feasible and no further
studies or actions regarding feasibility are necessary.
(2) Applicability of other laws.--The Secretary shall
implement the authority provided in this section in
accordance with all applicable Federal laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (7 U.S.C. 136;
16 U.S.C. 460 et seq.).
(c) Cooperative Agreement.--All final planning and design
and the construction of the Project authorized by this
section shall be undertaken in accordance with a cooperative
agreement between the Secretary and the District for the
Project. Such cooperative agreement shall set forth in a
manner acceptable to the Secretary and the District the
responsibilities of the District for participating, which
shall include--
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of
the foregoing.
(d) Authorization for the Madera Water Supply and
Enhancement Project.--
(1) Authorization of construction.--The Secretary, acting
pursuant to the Federal reclamation laws (Act of June 17,
1902; 32 Stat. 388), and Acts amendatory thereof or
supplementary thereto, is authorized to enter into a
cooperative agreement through the Bureau of Reclamation with
the District for the support of the final design and
construction of the Project.
(2) Total cost.--The total cost of the Project for the
purposes of determining the Federal cost share shall not
exceed $90,000,000.
(3) Cost share.--The Federal share of the capital costs of
the Project shall be provided on a nonreimbursable basis and
shall not exceed 25 percent of the total cost. Capital,
planning, design, permitting, construction, and land
acquisition costs incurred by the District prior to the date
of the enactment of this Act shall be considered a portion of
the non-Federal cost share.
(4) Credit for non-federal work.--The District shall
receive credit toward the non-Federal share of the cost of
the Project for--
(A) in-kind services that the Secretary determines would
contribute substantially toward the completion of the
project;
(B) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting, and
construction of the Project; and
(C) the acquisition costs of lands used or acquired by the
District for the Project.
(5) Limitation.--The Secretary shall not provide funds for
the operation or maintenance of the Project authorized by
this subsection. The operation, ownership, and maintenance of
the Project shall be the sole responsibility of the District.
(6) Plans and analyses consistent with federal law.--Before
obligating funds for design or construction under this
subsection, the Secretary shall work cooperatively with the
District to use, to the extent possible, plans, designs, and
engineering and environmental analyses that have already been
prepared by the District for the Project. The Secretary shall
ensure that such information as is used is consistent with
applicable Federal laws and regulations.
(7) Title; responsibility; liability.--Nothing in this
subsection or the assistance provided under this subsection
shall be construed to transfer title, responsibility, or
liability related to the Project to the United States.
(8) Authorization of appropriation.--There is authorized to
be appropriated to the Secretary to carry out this subsection
$22,500,000 or 25 percent of the total cost of the Project,
whichever is less.
(e) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this Act.
SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, NEW
MEXICO.
(a) Definitions.--In this section:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under
State law for the purposes of planning, financing,
developing, and operating the System.
(2) Engineering report.--The term ``engineering report''
means the report entitled ``Eastern New Mexico Rural Water
System Preliminary Engineering Report'' and dated October
2006.
(3) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by subsection
(c)(2).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) System.--
(A) In general.--The term ``System'' means the Eastern New
Mexico Rural Water System, a water delivery project designed
to deliver approximately 16,500 acre-feet of water per year
from the Ute Reservoir to the cities of Clovis, Elida, Grady,
Melrose, Portales, and Texico and other locations in Curry,
Roosevelt, and Quay Counties in the State.
(B) Inclusions.--The term ``System'' includes the major
components and associated infrastructure identified as the
``Best Technical Alternative'' in the engineering report.
(7) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of
the Ute Dam on the Canadian River, located approximately 32
miles upstream of the border between New Mexico and Texas.
(b) Eastern New Mexico Rural Water System.--
(1) Financial assistance.--
(A) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(B) Use.--
(i) In general.--Any financial assistance provided under
subparagraph (A) shall be obligated and expended only in
accordance with a cooperative agreement entered into under
subsection (d)(1)(B).
(ii) Limitations.--Financial assistance provided under
clause (i) shall not be used--
(I) for any activity that is inconsistent with constructing
the System; or
(II) to plan or construct facilities used to supply
irrigation water for irrigated agricultural purposes.
(2) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this section shall be not more than 75
percent of the total cost of the System.
(B) System development costs.--For purposes of subparagraph
(A), the total cost of the System shall include any costs
incurred by the Authority or the State on or after October 1,
2003, for the development of the System.
(3) Limitation.--No amounts made available under this
section may be used for the construction of the System
until--
(A) a plan is developed under subsection (c)(2); and
(B) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(4) Title to project works.--Title to the infrastructure of
the System shall be held by the Authority or as may otherwise
be specified under State law.
(c) Operation, Maintenance, and Replacement Costs.--
(1) In general.--The Authority shall be responsible for the
annual operation, maintenance, and replacement costs
associated with the System.
(2) Operation, maintenance, and replacement plan.--The
Authority, in consultation with the Secretary, shall develop
an operation, maintenance, and replacement plan that
establishes the rates and fees for beneficiaries of the
System in the amount necessary to ensure that the System is
properly maintained and capable of delivering approximately
16,500 acre-feet of water per year.
(d) Administrative Provisions.--
(1) Cooperative agreements.--
(A) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this section.
(B) Cooperative agreement for provision of financial
assistance.--
(i) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide financial
assistance and any other assistance requested by the
Authority for planning, design, related preconstruction
activities, and construction of the System.
(ii) Requirements.--The cooperative agreement entered into
under clause (i) shall, at a minimum, specify the
responsibilities of the Secretary and the Authority with
respect to--
(I) ensuring that the cost-share requirements established
by subsection (b)(2) are met;
(II) completing the planning and final design of the
System;
(III) any environmental and cultural resource compliance
activities required for the System; and
(IV) the construction of the System.
(2) Technical assistance.--At the request of the Authority,
the Secretary may provide to the Authority any technical
assistance that is necessary to assist the Authority in
planning, designing, constructing, and operating the System.
(3) Biological assessment.--The Secretary shall consult
with the New Mexico Interstate Stream Commission and the
Authority in preparing any biological assessment under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
may be required for planning and constructing the System.
(4) Effect.--Nothing in this section--
(A) affects or preempts--
(i) State water law; or
(ii) an interstate compact relating to the allocation of
water; or
(B) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(i) the water of a stream; or
(ii) any groundwater resource.
(e) Authorization of Appropriations.--
[[Page 7023]]
(1) In general.--In accordance with the adjustment carried
out under paragraph (2), there is authorized to be
appropriated to the Secretary to carry out this section an
amount not greater than $327,000,000.
(2) Adjustment.--The amount made available under paragraph
(1) shall be adjusted to reflect changes in construction
costs occurring after January 1, 2007, as indicated by
engineering cost indices applicable to the types of
construction necessary to carry out this section.
(3) Nonreimbursable amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement
under subsection (b)(2) shall be nonreimbursable and
nonreturnable to the United States.
(4) Availability of funds.--At the end of each fiscal year,
any unexpended funds appropriated pursuant to this section
shall be retained for use in future fiscal years consistent
with this section.
SEC. 9104. RANCHO CAILFORNIA WATER DISTRICT PROJECT,
CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) is amended by adding at the end the
following:
``SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT,
CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with
the Rancho California Water District, California, may
participate in the design, planning, and construction of
permanent facilities for water recycling, demineralization,
and desalination, and distribution of non-potable water
supplies in Southern Riverside County, California.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project or $20,000,000,
whichever is less.
``(c) Limitation.--Funds provided by the Secretary under
this section shall not be used for operation or maintenance
of the project described in subsection (a).''.
(b) Clerical Amendment.--The table of items in section 2 of
Public Law 102-575 is amended by inserting after the last
item the following:
``Sec. 1649. Rancho California Water District Project, California.''.
SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.
(a) Definitions.--In this section:
(1) Assessment.--The term ``assessment'' means the
engineering document that is--
(A) entitled ``Jackson Gulch Inlet Canal Project, Jackson
Gulch Outlet Canal Project, Jackson Gulch Operations
Facilities Project: Condition Assessment and Recommendations
for Rehabilitation'';
(B) dated February 2004; and
(C) on file with the Bureau of Reclamation.
(2) District.--The term ``District'' means the Mancos Water
Conservancy District established under the Water Conservancy
Act (Colo. Rev. Stat. 37-45-101 et seq.).
(3) Project.--The term ``Project'' means the Jackson Gulch
rehabilitation project, a program for the rehabilitation of
the Jackson Gulch Canal system and other infrastructure in
the State, as described in the assessment.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(5) State.--The term ``State'' means the State of Colorado.
(b) Authorization of Jackson Gulch Rehabilitation
Project.--
(1) In general.--Subject to the reimbursement requirement
described in paragraph (3), the Secretary shall pay the
Federal share of the total cost of carrying out the Project.
(2) Use of existing information.--In preparing any studies
relating to the Project, the Secretary shall, to the maximum
extent practicable, use existing studies, including
engineering and resource information provided by, or at the
direction of--
(A) Federal, State, or local agencies; and
(B) the District.
(3) Reimbursement requirement.--
(A) Amount.--The Secretary shall recover from the District
as reimbursable expenses the lesser of--
(i) the amount equal to 35 percent of the cost of the
Project; or
(ii) $2,900,000.
(B) Manner.--The Secretary shall recover reimbursable
expenses under subparagraph (A)--
(i) in a manner agreed to by the Secretary and the
District;
(ii) over a period of 15 years; and
(iii) with no interest.
(C) Credit.--In determining the exact amount of
reimbursable expenses to be recovered from the District, the
Secretary shall credit the District for any amounts it paid
before the date of enactment of this Act for engineering work
and improvements directly associated with the Project.
(4) Prohibition on operation and maintenance costs.--The
District shall be responsible for the operation and
maintenance of any facility constructed or rehabilitated
under this section.
(5) Liability.--The United States shall not be liable for
damages of any kind arising out of any act, omission, or
occurrence relating to a facility rehabilitated or
constructed under this section.
(6) Effect.--An activity provided Federal funding under
this section shall not be considered a supplemental or
additional benefit under--
(A) the reclamation laws; or
(B) the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to pay the Federal share
of the total cost of carrying out the Project $8,250,000.
SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) drought, population increases, and environmental needs
are exacerbating water supply issues across the western
United States, including the Rio Grande Basin in New Mexico;
(B) a report developed by the Bureau of Reclamation and the
Bureau of Indian Affairs in 2000 identified a serious need
for the rehabilitation and repair of irrigation
infrastructure of the Rio Grande Pueblos;
(C) inspection of existing irrigation infrastructure of the
Rio Grande Pueblos shows that many key facilities, such as
diversion structures and main conveyance ditches, are unsafe
and barely, if at all, operable;
(D) the benefits of rehabilitating and repairing irrigation
infrastructure of the Rio Grande Pueblos include--
(i) water conservation;
(ii) extending available water supplies;
(iii) increased agricultural productivity;
(iv) economic benefits;
(v) safer facilities; and
(vi) the preservation of the culture of Indian Pueblos in
the State;
(E) certain Indian Pueblos in the Rio Grande Basin receive
water from facilities operated or owned by the Bureau of
Reclamation; and
(F) rehabilitation and repair of irrigation infrastructure
of the Rio Grande Pueblos would improve--
(i) overall water management by the Bureau of Reclamation;
and
(ii) the ability of the Bureau of Reclamation to help
address potential water supply conflicts in the Rio Grande
Basin.
(2) Purpose.--The purpose of this section is to direct the
Secretary--
(A) to assess the condition of the irrigation
infrastructure of the Rio Grande Pueblos;
(B) to establish priorities for the rehabilitation of
irrigation infrastructure of the Rio Grande Pueblos in
accordance with specified criteria; and
(C) to implement projects to rehabilitate and improve the
irrigation infrastructure of the Rio Grande Pueblos.
(b) Definitions.--In this section:
(1) 2004 agreement.--The term ``2004 Agreement'' means the
agreement entitled ``Agreement By and Between the United
States of America and the Middle Rio Grande Conservancy
District, Providing for the Payment of Operation and
Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in
the Middle Rio Grande Valley, New Mexico'' and executed in
September 2004 (including any successor agreements and
amendments to the agreement).
(2) Designated engineer.--The term ``designated engineer''
means a Federal employee designated under the Act of February
14, 1927 (69 Stat. 1098, chapter 138) to represent the United
States in any action involving the maintenance,
rehabilitation, or preservation of the condition of any
irrigation structure or facility on land located in the Six
Middle Rio Grande Pueblos.
(3) District.--The term ``District'' means the Middle Rio
Grande Conservancy District, a political subdivision of the
State established in 1925.
(4) Pueblo irrigation infrastructure.--The term ``Pueblo
irrigation infrastructure'' means any diversion structure,
conveyance facility, or drainage facility that is--
(A) in existence as of the date of enactment of this Act;
and
(B) located on land of a Rio Grande Pueblo that is
associated with--
(i) the delivery of water for the irrigation of
agricultural land; or
(ii) the carriage of irrigation return flows and excess
water from the land that is served.
(5) Rio grande basin.--The term ``Rio Grande Basin'' means
the headwaters of the Rio Chama and the Rio Grande Rivers
(including any tributaries) from the State line between
Colorado and New Mexico downstream to the elevation
corresponding with the spillway crest of Elephant Butte Dam
at 4,457.3 feet mean sea level.
(6) Rio grande pueblo.--The term ``Rio Grande Pueblo''
means any of the 18 Pueblos that--
(A) occupy land in the Rio Grande Basin; and
(B) are included on the list of federally recognized Indian
tribes published by the Secretary in accordance with section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a-1).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Six middle rio grande pueblos.--The term ``Six Middle
Rio Grande Pueblos'' means each of the Pueblos of Cochiti,
Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
[[Page 7024]]
(9) Special project.--The term ``special project'' has the
meaning given the term in the 2004 Agreement.
(10) State.--The term ``State'' means the State of New
Mexico.
(c) Irrigation Infrastructure Study.--
(1) Study.--
(A) In general.--On the date of enactment of this Act, the
Secretary, in accordance with subparagraph (B), and in
consultation with the Rio Grande Pueblos, shall--
(i) conduct a study of Pueblo irrigation infrastructure;
and
(ii) based on the results of the study, develop a list of
projects (including a cost estimate for each project), that
are recommended to be implemented over a 10-year period to
repair, rehabilitate, or reconstruct Pueblo irrigation
infrastructure.
(B) Required consent.--In carrying out subparagraph (A),
the Secretary shall only include each individual Rio Grande
Pueblo that notifies the Secretary that the Pueblo consents
to participate in--
(i) the conduct of the study under subparagraph (A)(i); and
(ii) the development of the list of projects under
subparagraph (A)(ii) with respect to the Pueblo.
(2) Priority.--
(A) Consideration of factors.--
(i) In general.--In developing the list of projects under
paragraph (1)(A)(ii), the Secretary shall--
(I) consider each of the factors described in subparagraph
(B); and
(II) prioritize the projects recommended for implementation
based on--
(aa) a review of each of the factors; and
(bb) a consideration of the projected benefits of the
project on completion of the project.
(ii) Eligibility of projects.--A project is eligible to be
considered and prioritized by the Secretary if the project
addresses at least 1 factor described in subparagraph (B).
(B) Factors.--The factors referred to in subparagraph (A)
are--
(i)(I) the extent of disrepair of the Pueblo irrigation
infrastructure; and
(II) the effect of the disrepair on the ability of the
applicable Rio Grande Pueblo to irrigate agricultural land
using Pueblo irrigation infrastructure;
(ii) whether, and the extent that, the repair,
rehabilitation, or reconstruction of the Pueblo irrigation
infrastructure would provide an opportunity to conserve
water;
(iii)(I) the economic and cultural impacts that the Pueblo
irrigation infrastructure that is in disrepair has on the
applicable Rio Grande Pueblo; and
(II) the economic and cultural benefits that the repair,
rehabilitation, or reconstruction of the Pueblo irrigation
infrastructure would have on the applicable Rio Grande
Pueblo;
(iv) the opportunity to address water supply or
environmental conflicts in the applicable river basin if the
Pueblo irrigation infrastructure is repaired, rehabilitated,
or reconstructed; and
(v) the overall benefits of the project to efficient water
operations on the land of the applicable Rio Grande Pueblo.
(3) Consultation.--In developing the list of projects under
paragraph (1)(A)(ii), the Secretary shall consult with the
Director of the Bureau of Indian Affairs (including the
designated engineer with respect to each proposed project
that affects the Six Middle Rio Grande Pueblos), the Chief of
the Natural Resources Conservation Service, and the Chief of
Engineers to evaluate the extent to which programs under the
jurisdiction of the respective agencies may be used--
(A) to assist in evaluating projects to repair,
rehabilitate, or reconstruct Pueblo irrigation
infrastructure; and
(B) to implement--
(i) a project recommended for implementation under
paragraph (1)(A)(ii); or
(ii) any other related project (including on-farm
improvements) that may be appropriately coordinated with the
repair, rehabilitation, or reconstruction of Pueblo
irrigation infrastructure to improve the efficient use of
water in the Rio Grande Basin.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives a
report that includes--
(A) the list of projects recommended for implementation
under paragraph (1)(A)(ii); and
(B) any findings of the Secretary with respect to--
(i) the study conducted under paragraph (1)(A)(i);
(ii) the consideration of the factors under paragraph
(2)(B); and
(iii) the consultations under paragraph (3).
(5) Periodic review.--Not later than 4 years after the date
on which the Secretary submits the report under paragraph (4)
and every 4 years thereafter, the Secretary, in consultation
with each Rio Grande Pueblo, shall--
(A) review the report submitted under paragraph (4); and
(B) update the list of projects described in paragraph
(4)(A) in accordance with each factor described in paragraph
(2)(B), as the Secretary determines to be appropriate.
(d) Irrigation Infrastructure Grants.--
(1) In general.--The Secretary may provide grants to, and
enter into contracts or other agreements with, the Rio Grande
Pueblos to plan, design, construct, or otherwise implement
projects to repair, rehabilitate, reconstruct, or replace
Pueblo irrigation infrastructure that are recommended for
implementation under subsection (c)(1)(A)(ii)--
(A) to increase water use efficiency and agricultural
productivity for the benefit of a Rio Grande Pueblo;
(B) to conserve water; or
(C) to otherwise enhance water management or help avert
water supply conflicts in the Rio Grande Basin.
(2) Limitation.--Assistance provided under paragraph (1)
shall not be used for--
(A) the repair, rehabilitation, or reconstruction of any
major impoundment structure; or
(B) any on-farm improvements.
(3) Consultation.--In carrying out a project under
paragraph (1), the Secretary shall--
(A) consult with, and obtain the approval of, the
applicable Rio Grande Pueblo;
(B) consult with the Director of the Bureau of Indian
Affairs; and
(C) as appropriate, coordinate the project with any work
being conducted under the irrigation operations and
maintenance program of the Bureau of Indian Affairs.
(4) Cost-sharing requirement.--
(A) Federal share.--
(i) In general.--Except as provided in clause (ii), the
Federal share of the total cost of carrying out a project
under paragraph (1) shall be not more than 75 percent.
(ii) Exception.--The Secretary may waive or limit the non-
Federal share required under clause (i) if the Secretary
determines, based on a demonstration of financial hardship by
the Rio Grande Pueblo, that the Rio Grande Pueblo is unable
to contribute the required non-Federal share.
(B) District contributions.--
(i) In general.--The Secretary may accept from the District
a partial or total contribution toward the non-Federal share
required for a project carried out under paragraph (1) on
land located in any of the Six Middle Rio Grande Pueblos if
the Secretary determines that the project is a special
project.
(ii) Limitation.--Nothing in clause (i) requires the
District to contribute to the non-Federal share of the cost
of a project carried out under paragraph (1).
(C) State contributions.--
(i) In general.--The Secretary may accept from the State a
partial or total contribution toward the non-Federal share
for a project carried out under paragraph (1).
(ii) Limitation.--Nothing in clause (i) requires the State
to contribute to the non-Federal share of the cost of a
project carried out under paragraph (1).
(D) Form of non-federal share.--The non-Federal share under
subparagraph (A)(i) may be in the form of in-kind
contributions, including the contribution of any valuable
asset or service that the Secretary determines would
substantially contribute to a project carried out under
paragraph (1).
(5) Operation and maintenance.--The Secretary may not use
any amount made available under subsection (g)(2) to carry
out the operation or maintenance of any project carried out
under paragraph (1).
(e) Effect on Existing Authority and Responsibilities.--
Nothing in this section--
(1) affects any existing project-specific funding
authority; or
(2) limits or absolves the United States from any
responsibility to any Rio Grande Pueblo (including any
responsibility arising from a trust relationship or from any
Federal law (including regulations), Executive order, or
agreement between the Federal Government and any Rio Grande
Pueblo).
(f) Effect on Pueblo Water Rights or State Water Law.--
(1) Pueblo water rights.--Nothing in this section
(including the implementation of any project carried out in
accordance with this section) affects the right of any Pueblo
to receive, divert, store, or claim a right to water,
including the priority of right and the quantity of water
associated with the water right under Federal or State law.
(2) State water law.--Nothing in this section preempts or
affects--
(A) State water law; or
(B) an interstate compact governing water.
(g) Authorization of Appropriations.--
(1) Study.--There is authorized to be appropriated to carry
out subsection (c) $4,000,000.
(2) Projects.--There is authorized to be appropriated to
carry out subsection (d) $6,000,000 for each of fiscal years
2010 through 2019.
SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS.
(a) Definitions.--Section 2 of Public Law 106-392 (114
Stat. 1602) is amended--
(1) in paragraph (5), by inserting ``, rehabilitation, and
repair'' after ``and replacement''; and
(2) in paragraph (6), by inserting ``those for protection
of critical habitat, those for preventing entrainment of fish
in water diversions,'' after ``instream flows,''.
(b) Authorization To Fund Recovery Programs.--Section 3 of
Public Law 106-392 (114 Stat. 1603; 120 Stat. 290) is
amended--
[[Page 7025]]
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$61,000,000'' and
inserting ``$88,000,000'';
(B) in paragraph (2), by striking ``2010'' and inserting
``2023''; and
(C) in paragraph (3), by striking ``2010'' and inserting
``2023'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``$126,000,000'' and inserting ``$209,000,000'';
(B) in paragraph (1)--
(i) by striking ``$108,000,000'' and inserting
``$179,000,000''; and
(ii) by striking ``2010'' and inserting ``2023''; and
(C) in paragraph (2)--
(i) by striking ``$18,000,000'' and inserting
``$30,000,000''; and
(ii) by striking ``2010'' and inserting ``2023''; and
(3) in subsection (c)(4), by striking ``$31,000,000'' and
inserting ``$87,000,000''.
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, watershed management, and maintenance of which is
authorized under subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authorization for Construction of Santa Margarita River
Project.--
(1) Authorization.--The Secretary, acting pursuant to
Federal reclamation law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.), to the extent that law
is not inconsistent with this section, may construct,
operate, and maintain the Project substantially in accordance
with the final feasibility report and environmental reviews
for the Project and this section.
(2) Conditions.--The Secretary may construct the Project
only after the Secretary determines that the following
conditions have occurred:
(A)(i) The District and the Secretary of the Navy have
entered into contracts under subsections (c)(2) and (e) of
section 9 of the Reclamation Project Act of 1939 (43 U.S.C.
485h) to repay to the United States equitable and appropriate
portions, as determined by the Secretary, of the actual costs
of constructing, operating, and maintaining the Project.
(ii) As an alternative to a repayment contract with the
Secretary of the Navy described in clause (i), the Secretary
may allow the Secretary of the Navy to satisfy all or a
portion of the repayment obligation for construction of the
Project on the payment of the share of the Secretary of the
Navy prior to the initiation of construction, subject to a
final cost allocation as described in subsection (c).
(B) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted the permits to the Bureau of Reclamation
for the benefit of the Secretary of the Navy and the District
as permittees for rights to the use of water for storage and
diversion as provided in this section, including approval of
all requisite changes in points of diversion and storage, and
purposes and places of use.
(C)(i) The District has agreed--
(I) to not assert against the United States any prior
appropriative right the District may have to water in excess
of the quantity deliverable to the District under this
section; and
(II) to share in the use of the waters impounded by the
Project on the basis of equal priority and in accordance with
the ratio prescribed in subsection (d)(2).
(ii) The agreement and waiver under clause (i) and the
changes in points of diversion and storage under subparagraph
(B)--
(I) shall become effective and binding only when the
Project has been completed and put into operation; and
(II) may be varied by agreement between the District and
the Secretary of the Navy.
(D) The Secretary has determined that the Project has
completed applicable economic, environmental, and engineering
feasibility studies.
(c) Costs.--
(1) In general.--As determined by a final cost allocation
after completion of the construction of the Project, the
Secretary of the Navy shall be responsible to pay upfront or
repay to the Secretary only that portion of the construction,
operation, and maintenance costs of the Project that the
Secretary and the Secretary of the Navy determine reflects
the extent to which the Department of the Navy benefits from
the Project.
(2) Other contracts.--Notwithstanding paragraph (1), the
Secretary may enter into a contract with the Secretary of the
Navy for the impoundment, storage, treatment, and carriage of
prior rights water for domestic, municipal, fish and
wildlife, industrial, and other beneficial purposes using
Project facilities.
(d) Operation; Yield Allotment; Delivery.--
(1) Operation.--The Secretary, the District, or a third
party (consistent with subsection (f)) may operate the
Project, subject to a memorandum of agreement between the
Secretary, the Secretary of the Navy, and the District and
under regulations satisfactory to the Secretary of the Navy
with respect to the share of the Project of the Department of
the Navy.
(2) Yield allotment.--Except as otherwise agreed between
the parties, the Secretary of the Navy and the District shall
participate in the Project yield on the basis of equal
priority and in accordance with the following ratio:
(A) 60 percent of the yield of the Project is allotted to
the Secretary of the Navy.
(B) 40 percent of the yield of the Project is allotted to
the District.
(3) Contracts for delivery of excess water.--
(A) Excess water available to other persons.--If the
Secretary of the Navy certifies to the official agreed on to
administer the Project that the Department of the Navy does
not have immediate need for any portion of the 60 percent of
the yield of the Project allotted to the Secretary of the
Navy under paragraph (2), the official may enter into
temporary contracts for the sale and delivery of the excess
water.
(B) First right for excess water.--The first right to
excess water made available under subparagraph (A) shall be
given the District, if otherwise consistent with the laws of
the State of California.
(C) Condition of contracts.--Each contract entered into
under subparagraph (A) for the sale and delivery of excess
water shall include a condition that the Secretary of the
Navy has the right to demand the water, without charge and
without obligation on the part of the United States, after 30
days notice.
(D) Modification of rights and obligations.--The rights and
obligations of the United States and the District regarding
the ratio, amounts, definition of Project yield, and payment
for excess water may be modified by an agreement between the
parties.
(4) Consideration.--
(A) Deposit of funds.--
(i) In general.--Amounts paid to the United States under a
contract entered into under paragraph (3) shall be--
(I) deposited in the special account established for the
Department of the Navy under section 2667(e)(1) of title 10,
United States Code; and
(II) shall be available for the purposes specified in
section 2667(e)(1)(C) of that title.
(ii) Exception.--Section 2667(e)(1)(D) of title 10, United
States Code, shall not apply to amounts deposited in the
special account pursuant to this paragraph.
(B) In-kind consideration.--In lieu of monetary
consideration under subparagraph (A), or in addition to
monetary consideration, the Secretary of the Navy may accept
in-kind consideration in a form and quantity that is
acceptable to the Secretary of the Navy, including--
(i) maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the Department of
the Navy;
(ii) construction of new facilities for the Department of
the Navy;
(iii) provision of facilities for use by the Department of
the Navy;
(iv) facilities operation support for the Department of the
Navy; and
(v) provision of such other services as the Secretary of
the Navy considers appropriate.
(C) Relation to other laws.--Sections 2662 and 2802 of
title 10, United States Code, shall not apply to any new
facilities the construction of which is accepted as in-kind
consideration under this paragraph.
(D) Congressional notification.--If the in-kind
consideration proposed to be provided under a contract to be
entered into under paragraph (3) has a value in excess of
$500,000, the contract may not be entered into until the
earlier of--
(i) the end of the 30-day period beginning on the date on
which the Secretary of the Navy submits to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report describing
the contract and the form and quantity of the in-kind
consideration; or
(ii) the end of the 14-day period beginning on the date on
which a copy of the report referred to in clause (i) is
provided in an electronic medium pursuant to section 480 of
title 10, United States Code.
(e) Repayment Obligation of the District.--
(1) Determination.--
(A) In general.--Except as otherwise provided in this
paragraph, the general repayment obligation of the District
shall be determined by the Secretary consistent with
subsections (c)(2) and (e) of section 9 of the Reclamation
Project Act of 1939 (43 U.S.C. 485h) to repay to the United
States equitable and appropriate portions, as determined by
the Secretary, of the actual costs of constructing,
operating, and maintaining the Project.
(B) Groundwater.--For purposes of calculating interest and
determining the time when the repayment obligation of the
District to the United States commences, the
[[Page 7026]]
pumping and treatment of groundwater from the Project shall
be deemed equivalent to the first use of water from a water
storage project.
(C) Contracts for delivery of excess water.--There shall be
no repayment obligation under this subsection for water
delivered to the District under a contract described in
subsection (d)(3).
(2) Modification of rights and obligation by agreement.--
The rights and obligations of the United States and the
District regarding the repayment obligation of the District
may be modified by an agreement between the parties.
(f) Transfer of Care, Operation, and Maintenance.--
(1) In general.--The Secretary may transfer to the
District, or a mutually agreed upon third party, the care,
operation, and maintenance of the Project under conditions
that are--
(A) satisfactory to the Secretary and the District; and
(B) with respect to the portion of the Project that is
located within the boundaries of Camp Pendleton, satisfactory
to the Secretary, the District, and the Secretary of the
Navy.
(2) Equitable credit.--
(A) In general.--In the event of a transfer under paragraph
(1), the District shall be entitled to an equitable credit
for the costs associated with the proportionate share of the
Secretary of the operation and maintenance of the Project.
(B) Application.--The amount of costs described in
subparagraph (A) shall be applied against the indebtedness of
the District to the United States.
(g) Scope of Section.--
(1) In general.--Except as otherwise provided in this
section, for the purpose of this section, the laws of the
State of California shall apply to the rights of the United
States pertaining to the use of water under this section.
(2) Limitations.--Nothing in this section--
(A) provides a grant or a relinquishment by the United
States of any rights to the use of water that the United
States acquired according to the laws of the State of
California, either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part
of that acquisition, or through actual use or prescription or
both since the date of that acquisition, if any;
(B) creates any legal obligation to store any water in the
Project, to the use of which the United States has those
rights;
(C) requires the division under this section of water to
which the United States has those rights; or
(D) constitutes a recognition of, or an admission by the
United States that, the District has any rights to the use of
water in the Santa Margarita River, which rights, if any,
exist only by virtue of the laws of the State of California.
(h) Limitations on Operation and Administration.--Unless
otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part
of those acquisitions, or through actual use or prescription,
or both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way that
will impair or deplete the quantities of water the use of
which the United States would be entitled under the laws of
the State of California had the Project not been built.
(i) Reports to Congress.--Not later than 2 years after the
date of the enactment of this Act and periodically
thereafter, the Secretary and the Secretary of the Navy shall
each submit to the appropriate committees of Congress reports
that describe whether the conditions specified in subsection
(b)(2) have been met and if so, the manner in which the
conditions were met.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
(1) $60,000,000, as adjusted to reflect the engineering
costs indices for the construction cost of the Project; and
(2) such sums as are necessary to operate and maintain the
Project.
(k) Sunset.--The authority of the Secretary to complete
construction of the Project shall terminate on the date that
is 10 years after the date of enactment of this Act.
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9104(a)) is
amended by adding at the end the following:
``SEC. 1650. ELSINORE VALLEY MUNICIPAL WATER DISTRICT
PROJECTS, CALIFORNIA.
``(a) Authorization.--The Secretary, in cooperation with
the Elsinore Valley Municipal Water District, California, may
participate in the design, planning, and construction of
permanent facilities needed to establish recycled water
distribution and wastewater treatment and reclamation
facilities that will be used to treat wastewater and provide
recycled water in the Elsinore Valley Municipal Water
District, California.
``(b) Cost Sharing.--The Federal share of the cost of each
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary under
this section shall not be used for operation or maintenance
of the projects described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $12,500,000.''.
(b) Clerical Amendment.--The table of sections in section 2
of Public Law 102-575 (as amended by section 9104(b)) is
amended by inserting after the item relating to section 1649
the following:
``Sec. 1650. Elsinore Valley Municipal Water District Projects,
California.''.
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY.
(a) Project Authorization.--The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575,
title XVI; 43 U.S.C. 390h et seq.) (as amended by section
9109(a)) is amended by adding at the end the following:
``SEC. 1651. NORTH BAY WATER REUSE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
member agency of the North Bay Water Reuse Authority of the
State located in the North San Pablo Bay watershed in--
``(A) Marin County;
``(B) Napa County;
``(C) Solano County; or
``(D) Sonoma County.
``(2) Water reclamation and reuse project.--The term `water
reclamation and reuse project' means a project carried out by
the Secretary and an eligible entity in the North San Pablo
Bay watershed relating to--
``(A) water quality improvement;
``(B) wastewater treatment;
``(C) water reclamation and reuse;
``(D) groundwater recharge and protection;
``(E) surface water augmentation; or
``(F) other related improvements.
``(3) State.--The term `State' means the State of
California.
``(b) North Bay Water Reuse Program.--
``(1) In general.--Contingent upon a finding of
feasibility, the Secretary, acting through a cooperative
agreement with the State or a subdivision of the State, is
authorized to enter into cooperative agreements with eligible
entities for the planning, design, and construction of water
reclamation and reuse facilities and recycled water
conveyance and distribution systems.
``(2) Coordination with other federal agencies.--In
carrying out this section, the Secretary and the eligible
entity shall, to the maximum extent practicable, use the
design work and environmental evaluations initiated by--
``(A) non-Federal entities; and
``(B) the Corps of Engineers in the San Pablo Bay Watershed
of the State.
``(3) Phased project.--A cooperative agreement described in
paragraph (1) shall require that the North Bay Water Reuse
Program carried out under this section shall consist of 2
phases as follows:
``(A) First phase.--During the first phase, the Secretary
and an eligible entity shall complete the planning, design,
and construction of the main treatment and main conveyance
systems.
``(B) Second phase.--During the second phase, the Secretary
and an eligible entity shall complete the planning, design,
and construction of the sub-regional distribution systems.
``(4) Cost sharing.--
``(A) Federal share.--The Federal share of the cost of the
first phase of the project authorized by this section shall
not exceed 25 percent of the total cost of the first phase of
the project.
``(B) Form of non-federal share.--The non-Federal share may
be in the form of any in-kind services that the Secretary
determines would contribute substantially toward the
completion of the water reclamation and reuse project,
including--
``(i) reasonable costs incurred by the eligible entity
relating to the planning, design, and construction of the
water reclamation and reuse project; and
``(ii) the acquisition costs of land acquired for the
project that is--
``(I) used for planning, design, and construction of the
water reclamation and reuse project facilities; and
``(II) owned by an eligible entity and directly related to
the project.
``(C) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.
``(5) Effect.--Nothing in this section--
``(A) affects or preempts--
``(i) State water law; or
``(ii) an interstate compact relating to the allocation of
water; or
``(B) confers on any non-Federal entity the ability to
exercise any Federal right to--
``(i) the water of a stream; or
[[Page 7027]]
``(ii) any groundwater resource.
``(6) Authorization of appropriations.--There is authorized
to be appropriated for the Federal share of the total cost of
the first phase of the project authorized by this section
$25,000,000, to remain available until expended.''.
(b) Conforming Amendment.--The table of sections in section
2 of Public Law 102-575 (as amended by section 9109(b)) is
amended by inserting after the item relating to section 1650
the following:
``Sec. 1651. North Bay water reuse program.''.
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT,
CALIFORNIA.
(a) Prado Basin Natural Treatment System Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9110(a)) is
amended by adding at the end the following:
``SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Orange County Water District, shall participate in the
planning, design, and construction of natural treatment
systems and wetlands for the flows of the Santa Ana River,
California, and its tributaries into the Prado Basin.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for the operation and maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000.
``(e) Sunset of Authority.--This section shall have no
effect after the date that is 10 years after the date of the
enactment of this section.''.
(2) Conforming amendment.--The table of sections in section
2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
section 9110(b)) is amended by inserting after the last item
the following:
``1652. Prado Basin Natural Treatment System Project.''.
(b) Lower Chino Dairy Area Desalination Demonstration and
Reclamation Project.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by subsection (a)(1)) is
amended by adding at the end the following:
``SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION
DEMONSTRATION AND RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the
Chino Basin Watermaster, the Inland Empire Utilities Agency,
and the Santa Ana Watershed Project Authority and acting
under the Federal reclamation laws, shall participate in the
design, planning, and construction of the Lower Chino Dairy
Area desalination demonstration and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $26,000,000.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation or maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``(e) Sunset of Authority.--This section shall have no
effect after the date that is 10 years after the date of the
enactment of this section.''.
(2) Conforming amendment.--The table of sections in section
2 of Public Law 102-575 (43 U.S.C. prec. 371) (as amended by
subsection (a)(2)) is amended by inserting after the last
item the following:
``1653. Lower Chino dairy area desalination demonstration and
reclamation project.''.
(c) Orange County Regional Water Reclamation Project.--
Section 1624 of the Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h-12j) is amended--
(1) in the section heading, by striking the words ``PHASE 1
OF THE''; and
(2) in subsection (a), by striking ``phase 1 of''.
SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA.
(a) Definitions.--In this section:
(1) District.--The term ``District'' means the Western
Municipal Water District, Riverside County, California.
(2) Project.--
(A) In general.--The term ``Project'' means the Riverside-
Corona Feeder Project.
(B) Inclusions.--The term ``Project'' includes--
(i) 20 groundwater wells;
(ii) groundwater treatment facilities;
(iii) water storage and pumping facilities; and
(iv) 28 miles of pipeline in San Bernardino and Riverside
Counties in the State of California.
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Planning, Design, and Construction of Riverside-Corona
Feeder.--
(1) In general.--The Secretary, in cooperation with the
District, may participate in the planning, design, and
construction of the Project.
(2) Agreements and regulations.--The Secretary may enter
into such agreements and promulgate such regulations as are
necessary to carry out this subsection.
(3) Federal share.--
(A) Planning, design, construction.--The Federal share of
the cost to plan, design, and construct the Project shall not
exceed the lesser of--
(i) an amount equal to 25 percent of the total cost of the
Project; and
(ii) $26,000,000.
(B) Studies.--The Federal share of the cost to complete the
necessary planning studies associated with the Project--
(i) shall not exceed an amount equal to 50 percent of the
total cost of the studies; and
(ii) shall be included as part of the limitation described
in subparagraph (A).
(4) In-kind services.--The non-Federal share of the cost of
the Project may be provided in cash or in kind.
(5) Limitation.--Funds provided by the Secretary under this
subsection shall not be used for operation or maintenance of
the Project.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection the lesser of--
(A) an amount equal to 25 percent of the total cost of the
Project; and
(B) $26,000,000.
SEC. 9113. GREAT PROJECT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (title XVI of Public Law 102-575; 43
U.S.C. 390h et seq.) (as amended by section 9111(b)(1)) is
amended by adding at the end the following:
``SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE,
AND TREATMENT PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the City of Oxnard, California, may participate in the
design, planning, and construction of Phase I permanent
facilities for the GREAT project to reclaim, reuse, and treat
impaired water in the area of Oxnard, California.
``(b) Cost Share.--The Federal share of the costs of the
project described in subsection (a) shall not exceed 25
percent of the total cost.
``(c) Limitation.--The Secretary shall not provide funds
for the following:
``(1) The operations and maintenance of the project
described in subsection (a).
``(2) The construction, operations, and maintenance of the
visitor's center related to the project described in
subsection (a).
``(d) Sunset of Authority.--The authority of the Secretary
to carry out any provisions of this section shall terminate
10 years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections in section 2
of the Reclamation Projects Authorization and Adjustment Act
of 1992 (as amended by section 9111(b)(2)) is amended by
inserting after the last item the following:
``Sec. 1654. Oxnard, California, water reclamation, reuse, and
treatment project.''.
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA.
(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) (as amended by section 9113(a)) is
amended by adding at the end the following:
``SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the Yucaipa Valley Water District, may participate in the
design, planning, and construction of projects to treat
impaired surface water, reclaim and reuse impaired
groundwater, and provide brine disposal within the Santa Ana
Watershed as described in the report submitted under section
1606.
``(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall
not be used for operation or maintenance of the project
described in subsection (a).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.
``SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER
RECYCLING AND REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with
the City of Corona Water Utility, California, is authorized
to participate in the design, planning, and construction of,
and land acquisition for, a project to reclaim and reuse
wastewater, including degraded groundwaters, within and
outside of the service area of the City of Corona Water
Utility, California.
[[Page 7028]]
``(b) Cost Share.--The Federal share of the cost of the
project authorized by this section shall not exceed 25
percent of the total cost of the project.
``(c) Limitation.--The Secretary shall not provide funds
for the operation and maintenance of the project authorized
by this section.''.
(b) Conforming Amendments.--The table of sections in
section 2 of Public Law 102-575 (as amended by section
9114(b)) is amended by inserting after the last item the
following:
``Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project.
``Sec. 1656. City of Corona Water Utility, California, water recycling
and reuse project.''.
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) Cost Share.--The first section of Public Law 87-590 (76
Stat. 389) is amended in the second sentence of subsection
(c) by inserting after ``cost thereof,'' the following: ``or
in the case of the Arkansas Valley Conduit, payment in an
amount equal to 35 percent of the cost of the conduit that is
comprised of revenue generated by payments pursuant to a
repayment contract and revenue that may be derived from
contracts for the use of Fryingpan-Arkansas project excess
capacity or exchange contracts using Fryingpan-Arkansas
project facilities,''.
(b) Rates.--Section 2(b) of Public Law 87-590 (76 Stat.
390) is amended--
(1) by striking ``(b) Rates'' and inserting the following:
``(b) Rates.--
``(1) In general.--Rates''; and
(2) by adding at the end the following:
``(2) Ruedi dam and reservoir, fountain valley pipeline,
and south outlet works at pueblo dam and reservoir.--
``(A) In general.--Notwithstanding the reclamation laws,
until the date on which the payments for the Arkansas Valley
Conduit under paragraph (3) begin, any revenue that may be
derived from contracts for the use of Fryingpan-Arkansas
project excess capacity or exchange contracts using
Fryingpan-Arkansas project facilities shall be credited
towards payment of the actual cost of Ruedi Dam and
Reservoir, the Fountain Valley Pipeline, and the South Outlet
Works at Pueblo Dam and Reservoir plus interest in an amount
determined in accordance with this section.
``(B) Effect.--Nothing in the Federal reclamation law (the
Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.)) prohibits the concurrent crediting of revenue (with
interest as provided under this section) towards payment of
the Arkansas Valley Conduit as provided under this paragraph.
``(3) Arkansas valley conduit.--
``(A) Use of revenue.--Notwithstanding the reclamation
laws, any revenue derived from contracts for the use of
Fryingpan-Arkansas project excess capacity or exchange
contracts using Fryingpan-Arkansas project facilities shall
be credited towards payment of the actual cost of the
Arkansas Valley Conduit plus interest in an amount determined
in accordance with this section.
``(B) Adjustment of rates.--Any rates charged under this
section for water for municipal, domestic, or industrial use
or for the use of facilities for the storage or delivery of
water shall be adjusted to reflect the estimated revenue
derived from contracts for the use of Fryingpan-Arkansas
project excess capacity or exchange contracts using
Fryingpan-Arkansas project facilities.''.
(c) Authorization of Appropriations.--Section 7 of Public
Law 87-590 (76 Stat. 393) is amended--
(1) by striking ``Sec. 7. There is hereby'' and inserting
the following:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is''; and
(2) by adding at the end the following:
``(b) Arkansas Valley Conduit.--
``(1) In general.--Subject to annual appropriations and
paragraph (2), there are authorized to be appropriated such
sums as are necessary for the construction of the Arkansas
Valley Conduit.
``(2) Limitation.--Amounts made available under paragraph
(1) shall not be used for the operation or maintenance of the
Arkansas Valley Conduit.''.
Subtitle C--Title Transfers and Clarifications
SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement
numbered 06-AG-60-2115 and entitled ``Agreement Between the
United States of America and McGee Creek Authority for the
Purpose of Defining Responsibilities Related to and
Implementing the Title Transfer of Certain Facilities at the
McGee Creek Project, Oklahoma''.
(2) Authority.--The term ``Authority'' means the McGee
Creek Authority located in Oklahoma City, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance of Mcgee Creek Project Pipeline and
Associated Facilities.--
(1) Authority to convey.--
(A) In general.--In accordance with all applicable laws and
consistent with any terms and conditions provided in the
Agreement, the Secretary may convey to the Authority all
right, title, and interest of the United States in and to the
pipeline and any associated facilities described in the
Agreement, including--
(i) the pumping plant;
(ii) the raw water pipeline from the McGee Creek pumping
plant to the rate of flow control station at Lake Atoka;
(iii) the surge tank;
(iv) the regulating tank;
(v) the McGee Creek operation and maintenance complex,
maintenance shop, and pole barn; and
(vi) any other appurtenances, easements, and fee title land
associated with the facilities described in clauses (i)
through (v), in accordance with the Agreement.
(B) Exclusion of mineral estate from conveyance.--
(i) In general.--The mineral estate shall be excluded from
the conveyance of any land or facilities under subparagraph
(A).
(ii) Management.--Any mineral interests retained by the
United States under this section shall be managed--
(I) consistent with Federal law; and
(II) in a manner that would not interfere with the purposes
for which the McGee Creek Project was authorized.
(C) Compliance with agreement; applicable law.--
(i) Agreement.--All parties to the conveyance under
subparagraph (A) shall comply with the terms and conditions
of the Agreement, to the extent consistent with this section.
(ii) Applicable law.--Before any conveyance under
subparagraph (A), the Secretary shall complete any actions
required under--
(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(III) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
(IV) any other applicable laws.
(2) Operation of transferred facilities.--
(A) In general.--On the conveyance of the land and
facilities under paragraph (1)(A), the Authority shall comply
with all applicable Federal, State, and local laws (including
regulations) in the operation of any transferred facilities.
(B) Operation and maintenance costs.--
(i) In general.--After the conveyance of the land and
facilities under paragraph (1)(A) and consistent with the
Agreement, the Authority shall be responsible for all duties
and costs associated with the operation, replacement,
maintenance, enhancement, and betterment of the transferred
land and facilities.
(ii) Limitation on funding.--The Authority shall not be
eligible to receive any Federal funding to assist in the
operation, replacement, maintenance, enhancement, and
betterment of the transferred land and facilities, except for
funding that would be available to any comparable entity that
is not subject to reclamation laws.
(3) Release from liability.--
(A) In general.--Effective beginning on the date of the
conveyance of the land and facilities under paragraph (1)(A),
the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to
any land or facilities conveyed, except for damages caused by
acts of negligence committed by the United States (including
any employee or agent of the United States) before the date
of the conveyance.
(B) No additional liability.--Nothing in this paragraph
adds to any liability that the United States may have under
chapter 171 of title 28, United States Code.
(4) Contractual obligations.--
(A) In general.--Except as provided in subparagraph (B),
any rights and obligations under the contract numbered 0-07-
50-X0822 and dated October 11, 1979, between the Authority
and the United States for the construction, operation, and
maintenance of the McGee Creek Project, shall remain in full
force and effect.
(B) Amendments.--With the consent of the Authority, the
Secretary may amend the contract described in subparagraph
(A) to reflect the conveyance of the land and facilities
under paragraph (1)(A).
(5) Applicability of the reclamation laws.--Notwithstanding
the conveyance of the land and facilities under paragraph
(1)(A), the reclamation laws shall continue to apply to any
project water provided to the Authority.
SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE
CLARIFICATION.
(a) Purpose.--The purpose of this section is to direct the
Secretary of the Interior to issue a quitclaim deed conveying
any right, title, and interest the United States may have in
and to Tingley Beach, San Gabriel Park, or the BioPark
Parcels to the City, thereby removing a potential cloud on
the City's title to these lands.
(b) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Albuquerque,
New Mexico.
(2) Biopark parcels.--The term ``BioPark Parcels'' means a
certain area of land containing 19.16 acres, more or less,
situated within the Town of Albuquerque Grant, in
[[Page 7029]]
Projected Section 13, Township 10 North, Range 2 East,
N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico,
comprised of the following platted tracts and lot, and MRGCD
tracts:
(A) Tracts A and B, Albuquerque Biological Park, as the
same are shown and designated on the Plat of Tracts A & B,
Albuquerque Biological Park, recorded in the Office of the
County Clerk of Bernalillo County, New Mexico on February 11,
1994 in Book 94C, Page 44; containing 17.9051 acres, more or
less.
(B) Lot B-1, Roger Cox Addition, as the same is shown and
designated on the Plat of Lots B-1 and B-2 Roger Cox
Addition, recorded in the Office of the County Clerk of
Bernalillo County, New Mexico on October 3, 1985 in Book C28,
Page 99; containing 0.6289 acres, more or less.
(C) Tract 361 of MRGCD Map 38, bounded on the north by
Tract A, Albuquerque Biological Park, on the east by the
westerly right-of-way of Central Avenue, on the south by
Tract 332B MRGCD Map 38, and on the west by Tract B,
Albuquerque Biological Park; containing 0.30 acres, more or
less.
(D) Tract 332B of MRGCD Map 38; bounded on the north by
Tract 361, MRGCD Map 38, on the west by Tract 32A-1-A, MRGCD
Map 38, and on the south and east by the westerly right-of-
way of Central Avenue; containing 0.25 acres, more or less.
(E) Tract 331A-1A of MRGCD Map 38, bounded on the west by
Tract B, Albuquerque Biological Park, on the east by Tract
332B, MRGCD Map 38, and on the south by the westerly right-
of-way of Central Avenue and Tract A, Albuquerque Biological
Park; containing 0.08 acres, more or less.
(3) Middle rio grande conservancy district.--The terms
``Middle Rio Grande Conservancy District'' and ``MRGCD'' mean
a political subdivision of the State of New Mexico, created
in 1925 to provide and maintain flood protection and
drainage, and maintenance of ditches, canals, and
distribution systems for irrigation and water delivery and
operations in the Middle Rio Grande Valley.
(4) Middle rio grande project.--The term ``Middle Rio
Grande Project'' means the works associated with water
deliveries and operations in the Rio Grande basin as
authorized by the Flood Control Act of 1948 (Public Law 80-
858; 62 Stat. 1175) and the Flood Control Act of 1950 (Public
Law 81-516; 64 Stat. 170).
(5) San gabriel park.--The term ``San Gabriel Park'' means
the tract of land containing 40.2236 acres, more or less,
situated within Section 12 and Section 13, T10N, R2E,
N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico,
and described by New Mexico State Plane Grid Bearings
(Central Zone) and ground distances in a Special Warranty
Deed conveying the property from MRGCD to the City, dated
November 25, 1997.
(6) Tingley beach.--The term ``Tingley Beach'' means the
tract of land containing 25.2005 acres, more or less,
situated within Section 13 and Section 24, T10N, R2E, and
secs. 18 and 19, T10N, R3E, N.M.P.M., City of Albuquerque,
Bernalillo County, New Mexico, and described by New Mexico
State Plane Grid Bearings (Central Zone) and ground distances
in a Special Warranty Deed conveying the property from MRGCD
to the City, dated November 25, 1997.
(c) Clarification of Property Interest.--
(1) Required action.--The Secretary of the Interior shall
issue a quitclaim deed conveying any right, title, and
interest the United States may have in and to Tingley Beach,
San Gabriel Park, and the BioPark Parcels to the City.
(2) Timing.--The Secretary shall carry out the action in
paragraph (1) as soon as practicable after the date of
enactment of this Act and in accordance with all applicable
law.
(3) No additional payment.--The City shall not be required
to pay any additional costs to the United States for the
value of San Gabriel Park, Tingley Beach, and the BioPark
Parcels.
(d) Other Rights, Title, and Interests Unaffected.--
(1) In general.--Except as expressly provided in subsection
(c), nothing in this section shall be construed to affect any
right, title, or interest in and to any land associated with
the Middle Rio Grande Project.
(2) Ongoing litigation.--Nothing contained in this section
shall be construed or utilized to affect or otherwise
interfere with any position set forth by any party in the
lawsuit pending before the United States District Court for
the District of New Mexico, 99-CV-01320-JAP-RHS, entitled Rio
Grande Silvery Minnow v. John W. Keys, III, concerning the
right, title, or interest in and to any property associated
with the Middle Rio Grande Project.
SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM,
CALIFORNIA.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means Agreement No.
07-LC-20-9387 between the United States and the District,
entitled ``Agreement Between the United States and the Goleta
Water District to Transfer Title of the Federally Owned
Distribution System to the Goleta Water District''.
(2) District.--The term ``District'' means the Goleta Water
District, located in Santa Barbara County, California.
(3) Goleta water distribution system.--The term ``Goleta
Water Distribution System'' means the facilities constructed
by the United States to enable the District to convey water
to its water users, and associated lands, as described in
Appendix A of the Agreement.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance of the Goleta Water Distribution System.--
The Secretary is authorized to convey to the District all
right, title, and interest of the United States in and to the
Goleta Water Distribution System of the Cachuma Project,
California, subject to valid existing rights and consistent
with the terms and conditions set forth in the Agreement.
(c) Liability.--Effective upon the date of the conveyance
authorized by subsection (b), the United States shall not be
held liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the lands,
buildings, or facilities conveyed under this section, except
for damages caused by acts of negligence committed by the
United States or by its employees or agents prior to the date
of conveyance. Nothing in this section increases the
liability of the United States beyond that provided in
chapter 171 of title 28, United States Code (popularly known
as the Federal Tort Claims Act).
(d) Benefits.--After conveyance of the Goleta Water
Distribution System under this section--
(1) such distribution system shall not be considered to be
a part of a Federal reclamation project; and
(2) the District shall not be eligible to receive any
benefits with respect to any facility comprising the Goleta
Water Distribution System, except benefits that would be
available to a similarly situated entity with respect to
property that is not part of a Federal reclamation project.
(e) Compliance With Other Laws.--
(1) Compliance with environmental and historic preservation
laws.--Prior to any conveyance under this section, the
Secretary shall complete all actions required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Historic Preservation Act (16 U.S.C. 470
et seq.), and all other applicable laws.
(2) Compliance by the district.--Upon the conveyance of the
Goleta Water Distribution System under this section, the
District shall comply with all applicable Federal, State, and
local laws and regulations in its operation of the facilities
that are transferred.
(3) Applicable authority.--All provisions of Federal
reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et
seq.) and Acts supplemental to and amendatory of that Act)
shall continue to be applicable to project water provided to
the District.
(f) Report.--If, 12 months after the date of the enactment
of this Act, the Secretary has not completed the conveyance
required under subsection (b), the Secretary shall complete a
report that states the reason the conveyance has not been
completed and the date by which the conveyance shall be
completed. The Secretary shall submit a report required under
this subsection to Congress not later than 14 months after
the date of the enactment of this Act.
Subtitle D--San Gabriel Basin Restoration Fund
SEC. 9301. RESTORATION FUND.
Section 110 of division B of the Miscellaneous
Appropriations Act, 2001 (114 Stat. 2763A-222), as enacted
into law by section 1(a)(4) of the Consolidated
Appropriations Act, 2001 (Public Law 106-554, as amended by
Public Law 107-66), is further amended--
(1) in subsection (a)(3)(B), by inserting after clause
(iii) the following:
``(iv) Non-federal match.--After $85,000,000 has
cumulatively been appropriated under subsection (d)(1), the
remainder of Federal funds appropriated under subsection (d)
shall be subject to the following matching requirement:
``(I) San gabriel basin water quality authority.--The San
Gabriel Basin Water Quality Authority shall be responsible
for providing a 35 percent non-Federal match for Federal
funds made available to the Authority under this Act.
``(II) Central basin municipal water district.--The Central
Basin Municipal Water District shall be responsible for
providing a 35 percent non-Federal match for Federal funds
made available to the District under this Act.'';
(2) in subsection (a), by adding at the end the following:
``(4) Interest on funds in restoration fund.--No amounts
appropriated above the cumulative amount of $85,000,000 to
the Restoration Fund under subsection (d)(1) shall be
invested by the Secretary of the Treasury in interest-bearing
securities of the United States.''; and
(3) by amending subsection (d) to read as follows:
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Restoration Fund established under subsection (a)
$146,200,000. Such funds shall remain available until
expended.
``(2) Set-aside.--Of the amounts appropriated under
paragraph (1), no more than
[[Page 7030]]
$21,200,000 shall be made available to carry out the Central
Basin Water Quality Project.''.
Subtitle E--Lower Colorado River Multi-Species Conservation Program
SEC. 9401. DEFINITIONS.
In this subtitle:
(1) Lower colorado river multi-species conservation
program.--The term ``Lower Colorado River Multi-Species
Conservation Program'' or ``LCR MSCP'' means the cooperative
effort on the Lower Colorado River between Federal and non-
Federal entities in Arizona, California, and Nevada approved
by the Secretary of the Interior on April 2, 2005.
(2) Lower colorado river.--The term ``Lower Colorado
River'' means the segment of the Colorado River within the
planning area as provided in section 2(B) of the Implementing
Agreement, a Program Document.
(3) Program documents.--The term ``Program Documents''
means the Habitat Conservation Plan, Biological Assessment
and Biological and Conference Opinion, Environmental Impact
Statement/Environmental Impact Report, Funding and Management
Agreement, Implementing Agreement, and Section 10(a)(1)(B)
Permit issued and, as applicable, executed in connection with
the LCR MSCP, and any amendments or successor documents that
are developed consistent with existing agreements and
applicable law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means each of the States of
Arizona, California, and Nevada.
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING.
(a) Implementation.--The Secretary is authorized to manage
and implement the LCR MSCP in accordance with the Program
Documents.
(b) Water Accounting.--The Secretary is authorized to enter
into an agreement with the States providing for the use of
water from the Lower Colorado River for habitat creation and
maintenance in accordance with the Program Documents.
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.
(a) In General.--Due to the unique conditions of the
Colorado River, any party to the Funding and Management
Agreement or the Implementing Agreement, and any permittee
under the Section 10(a)(1)(B) Permit, may commence a civil
action in United States district court to adjudicate,
confirm, validate or decree the rights and obligations of the
parties under those Program Documents.
(b) Jurisdiction.--The district court shall have
jurisdiction over such actions and may issue such orders,
judgments, and decrees as are consistent with the court's
exercise of jurisdiction under this section.
(c) United States as Defendant.--
(1) In general.--The United States or any agency of the
United States may be named as a defendant in such actions.
(2) Sovereign immunity.--Subject to paragraph (3), the
sovereign immunity of the United States is waived for
purposes of actions commenced pursuant to this section.
(3) Nonwaiver for certain claims.--Nothing in this section
waives the sovereign immunity of the United States to claims
for money damages, monetary compensation, the provision of
indemnity, or any claim seeking money from the United States.
(d) Rights Under Federal and State Law.--
(1) In general.--Except as specifically provided in this
section, nothing in this section limits any rights or
obligations of any party under Federal or State law.
(2) Applicability to lower colorado river multi-species
conservation program.--This section--
(A) shall apply only to the Lower Colorado River Multi-
Species Conservation Program; and
(B) shall not affect the terms of, or rights or obligations
under, any other conservation plan created pursuant to any
Federal or State law.
(e) Venue.--Any suit pursuant to this section may be
brought in any United States district court in the State in
which any non-Federal party to the suit is situated.
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Secretary such sums as may be necessary to meet the
obligations of the Secretary under the Program Documents, to
remain available until expended.
(b) Non-Reimbursable and Non-Returnable.--All amounts
appropriated to and expended by the Secretary for the LCR
MSCP shall be non-reimbursable and non-returnable.
Subtitle F--Secure Water
SEC. 9501. FINDINGS.
Congress finds that--
(1) adequate and safe supplies of water are fundamental to
the health, economy, security, and ecology of the United
States;
(2) systematic data-gathering with respect to, and research
and development of, the water resources of the United States
will help ensure the continued existence of sufficient
quantities of water to support--
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture;
(D) energy production; and
(E) the protection of aquatic ecosystems;
(3) global climate change poses a significant challenge to
the protection and use of the water resources of the United
States due to an increased uncertainty with respect to the
timing, form, and geographical distribution of precipitation,
which may have a substantial effect on the supplies of water
for agricultural, hydroelectric power, industrial, domestic
supply, and environmental needs;
(4) although States bear the primary responsibility and
authority for managing the water resources of the United
States, the Federal Government should support the States, as
well as regional, local, and tribal governments, by carrying
out--
(A) nationwide data collection and monitoring activities;
(B) relevant research; and
(C) activities to increase the efficiency of the use of
water in the United States;
(5) Federal agencies that conduct water management and
related activities have a responsibility--
(A) to take a lead role in assessing risks to the water
resources of the United States (including risks posed by
global climate change); and
(B) to develop strategies--
(i) to mitigate the potential impacts of each risk
described in subparagraph (A); and
(ii) to help ensure that the long-term water resources
management of the United States is sustainable and will
ensure sustainable quantities of water;
(6) it is critical to continue and expand research and
monitoring efforts--
(A) to improve the understanding of the variability of the
water cycle; and
(B) to provide basic information necessary--
(i) to manage and efficiently use the water resources of
the United States; and
(ii) to identify new supplies of water that are capable of
being reclaimed; and
(7) the study of water use is vital--
(A) to the understanding of the impacts of human activity
on water and ecological resources; and
(B) to the assessment of whether available surface and
groundwater supplies will be available to meet the future
needs of the United States.
SEC. 9502. DEFINITIONS.
In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Advisory committee.--The term ``Advisory Committee''
means the National Advisory Committee on Water Information
established--
(A) under the Office of Management and Budget Circular 92-
01; and
(B) to coordinate water data collection activities.
(3) Assessment program.--The term ``assessment program''
means the water availability and use assessment program
established by the Secretary under section 9508(a).
(4) Climate division.--The term ``climate division'' means
1 of the 359 divisions in the United States that represents 2
or more regions located within a State that are as
climatically homogeneous as possible, as determined by the
Administrator.
(5) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(6) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(7) Eligible applicant.--The term ``eligible applicant''
means any State, Indian tribe, irrigation district, water
district, or other organization with water or power delivery
authority.
(8) Federal power marketing administration.--The term
``Federal Power Marketing Administration'' means--
(A) the Bonneville Power Administration;
(B) the Southeastern Power Administration;
(C) the Southwestern Power Administration; and
(D) the Western Area Power Administration.
(9) Hydrologic accounting unit.--The term ``hydrologic
accounting unit'' means 1 of the 352 river basin hydrologic
accounting units used by the United States Geological Survey.
(10) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(11) Major aquifer system.--The term ``major aquifer
system'' means a groundwater system that is--
(A) identified as a significant groundwater system by the
Director; and
(B) included in the Groundwater Atlas of the United States,
published by the United States Geological Survey.
(12) Major reclamation river basin.--
(A) In general.--The term ``major reclamation river basin''
means each major river system (including tributaries)--
(i) that is located in a service area of the Bureau of
Reclamation; and
(ii) at which is located a federally authorized project of
the Bureau of Reclamation.
[[Page 7031]]
(B) Inclusions.--The term ``major reclamation river basin''
includes--
(i) the Colorado River;
(ii) the Columbia River;
(iii) the Klamath River;
(iv) the Missouri River;
(v) the Rio Grande;
(vi) the Sacramento River;
(vii) the San Joaquin River; and
(viii) the Truckee River.
(13) Non-federal participant.--The term ``non-Federal
participant'' means--
(A) a State, regional, or local authority;
(B) an Indian tribe or tribal organization; or
(C) any other qualifying entity, such as a water
conservation district, water conservancy district, or rural
water district or association, or a nongovernmental
organization.
(14) Panel.--The term ``panel'' means the climate change
and water intragovernmental panel established by the
Secretary under section 9506(a).
(15) Program.--The term ``program'' means the regional
integrated sciences and assessments program--
(A) established by the Administrator; and
(B) that is comprised of 8 regional programs that use
advances in integrated climate sciences to assist
decisionmaking processes.
(16) Secretary.--
(A) In general.--Except as provided in subparagraph (B),
the term ``Secretary'' means the Secretary of the Interior.
(B) Exceptions.--The term ``Secretary'' means--
(i) in the case of sections 9503, 9504, and 9509, the
Secretary of the Interior (acting through the Commissioner);
and
(ii) in the case of sections 9507 and 9508, the Secretary
of the Interior (acting through the Director).
(17) Service area.--The term ``service area'' means any
area that encompasses a watershed that contains a federally
authorized reclamation project that is located in any State
or area described in the first section of the Act of June 17,
1902 (43 U.S.C. 391).
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
(a) In General.--The Secretary shall establish a climate
change adaptation program--
(1) to coordinate with the Administrator and other
appropriate agencies to assess each effect of, and risk
resulting from, global climate change with respect to the
quantity of water resources located in a service area; and
(2) to ensure, to the maximum extent possible, that
strategies are developed at watershed and aquifer system
scales to address potential water shortages, conflicts, and
other impacts to water users located at, and the environment
of, each service area.
(b) Required Elements.--In carrying out the program
described in subsection (a), the Secretary shall--
(1) coordinate with the United States Geological Survey,
the National Oceanic and Atmospheric Administration, the
program, and each appropriate State water resource agency, to
ensure that the Secretary has access to the best available
scientific information with respect to presently observed and
projected future impacts of global climate change on water
resources;
(2) assess specific risks to the water supply of each major
reclamation river basin, including any risk relating to--
(A) a change in snowpack;
(B) changes in the timing and quantity of runoff;
(C) changes in groundwater recharge and discharge; and
(D) any increase in--
(i) the demand for water as a result of increasing
temperatures; and
(ii) the rate of reservoir evaporation;
(3) with respect to each major reclamation river basin,
analyze the extent to which changes in the water supply of
the United States will impact--
(A) the ability of the Secretary to deliver water to the
contractors of the Secretary;
(B) hydroelectric power generation facilities;
(C) recreation at reclamation facilities;
(D) fish and wildlife habitat;
(E) applicable species listed as an endangered, threatened,
or candidate species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(F) water quality issues (including salinity levels of each
major reclamation river basin);
(G) flow and water dependent ecological resiliency; and
(H) flood control management;
(4) in consultation with appropriate non-Federal
participants, consider and develop appropriate strategies to
mitigate each impact of water supply changes analyzed by the
Secretary under paragraph (3), including strategies relating
to--
(A) the modification of any reservoir storage or operating
guideline in existence as of the date of enactment of this
Act;
(B) the development of new water management, operating, or
habitat restoration plans;
(C) water conservation;
(D) improved hydrologic models and other decision support
systems; and
(E) groundwater and surface water storage needs; and
(5) in consultation with the Director, the Administrator,
the Secretary of Agriculture (acting through the Chief of the
Natural Resources Conservation Service), and applicable State
water resource agencies, develop a monitoring plan to acquire
and maintain water resources data--
(A) to strengthen the understanding of water supply trends;
and
(B) to assist in each assessment and analysis conducted by
the Secretary under paragraphs (2) and (3).
(c) Reporting.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to the quantity of water resources
located in each major reclamation river basin;
(2) the impact of global climate change with respect to the
operations of the Secretary in each major reclamation river
basin;
(3) each mitigation and adaptation strategy considered and
implemented by the Secretary to address each effect of global
climate change described in paragraph (1);
(4) each coordination activity conducted by the Secretary
with--
(A) the Director;
(B) the Administrator;
(C) the Secretary of Agriculture (acting through the Chief
of the Natural Resources Conservation Service); or
(D) any appropriate State water resource agency; and
(5) the implementation by the Secretary of the monitoring
plan developed under subsection (b)(5).
(d) Feasibility Studies.--
(1) Authority of secretary.--The Secretary, in cooperation
with any non-Federal participant, may conduct 1 or more
studies to determine the feasibility and impact on ecological
resiliency of implementing each mitigation and adaptation
strategy described in subsection (c)(3), including the
construction of any water supply, water management,
environmental, or habitat enhancement water infrastructure
that the Secretary determines to be necessary to address the
effects of global climate change on water resources located
in each major reclamation river basin.
(2) Cost sharing.--
(A) Federal share.--
(i) In general.--Except as provided in clause (ii), the
Federal share of the cost of a study described in paragraph
(1) shall not exceed 50 percent of the cost of the study.
(ii) Exception relating to financial hardship.--The
Secretary may increase the Federal share of the cost of a
study described in paragraph (1) to exceed 50 percent of the
cost of the study if the Secretary determines that, due to a
financial hardship, the non-Federal participant of the study
is unable to contribute an amount equal to 50 percent of the
cost of the study.
(B) Non-federal share.--The non-Federal share of the cost
of a study described in paragraph (1) may be provided in the
form of any in-kind services that substantially contribute
toward the completion of the study, as determined by the
Secretary.
(e) No Effect on Existing Authority.--Nothing in this
section amends or otherwise affects any existing authority
under reclamation laws that govern the operation of any
Federal reclamation project.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2009 through 2023, to
remain available until expended.
SEC. 9504. WATER MANAGEMENT IMPROVEMENT.
(a) Authorization of Grants and Cooperative Agreements.--
(1) Authority of secretary.--The Secretary may provide any
grant to, or enter into an agreement with, any eligible
applicant to assist the eligible applicant in planning,
designing, or constructing any improvement--
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including increasing the
use of renewable energy in the management and delivery of
water;
(E) to accelerate the adoption and use of advanced water
treatment technologies to increase water supply;
(F) to prevent the decline of species that the United
States Fish and Wildlife Service and National Marine
Fisheries Service have proposed for listing under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or
candidate species that are being considered by those agencies
for such listing but are not yet the subject of a proposed
rule);
(G) to accelerate the recovery of threatened species,
endangered species, and designated critical habitats that are
adversely affected by Federal reclamation projects or are
subject to a recovery plan or conservation plan under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under
which the Commissioner of Reclamation has implementation
responsibilities; or
(H) to carry out any other activity--
(i) to address any climate-related impact to the water
supply of the United States that
[[Page 7032]]
increases ecological resiliency to the impacts of climate
change; or
(ii) to prevent any water-related crisis or conflict at any
watershed that has a nexus to a Federal reclamation project
located in a service area.
(2) Application.--To be eligible to receive a grant, or
enter into an agreement with the Secretary under paragraph
(1), an eligible applicant shall--
(A) be located within the States and areas referred to in
the first section of the Act of June 17, 1902 (43 U.S.C.
391); and
(B) submit to the Secretary an application that includes a
proposal of the improvement or activity to be planned,
designed, constructed, or implemented by the eligible
applicant.
(3) Requirements of grants and cooperative agreements.--
(A) Compliance with requirements.--Each grant and agreement
entered into by the Secretary with any eligible applicant
under paragraph (1) shall be in compliance with each
requirement described in subparagraphs (B) through (F).
(B) Agricultural operations.--In carrying out paragraph
(1), the Secretary shall not provide a grant, or enter into
an agreement, for an improvement to conserve irrigation water
unless the eligible applicant agrees not--
(i) to use any associated water savings to increase the
total irrigated acreage of the eligible applicant; or
(ii) to otherwise increase the consumptive use of water in
the operation of the eligible applicant, as determined
pursuant to the law of the State in which the operation of
the eligible applicant is located.
(C) Nonreimbursable funds.--Any funds provided by the
Secretary to an eligible applicant through a grant or
agreement under paragraph (1) shall be nonreimbursable.
(D) Title to improvements.--If an infrastructure
improvement to a federally owned facility is the subject of a
grant or other agreement entered into between the Secretary
and an eligible applicant under paragraph (1), the Federal
Government shall continue to hold title to the facility and
improvements to the facility.
(E) Cost sharing.--
(i) Federal share.--The Federal share of the cost of any
infrastructure improvement or activity that is the subject of
a grant or other agreement entered into between the Secretary
and an eligible applicant under paragraph (1) shall not
exceed 50 percent of the cost of the infrastructure
improvement or activity.
(ii) Calculation of non-federal share.--In calculating the
non-Federal share of the cost of an infrastructure
improvement or activity proposed by an eligible applicant
through an application submitted by the eligible applicant
under paragraph (2), the Secretary shall--
(I) consider the value of any in-kind services that
substantially contributes toward the completion of the
improvement or activity, as determined by the Secretary; and
(II) not consider any other amount that the eligible
applicant receives from a Federal agency.
(iii) Maximum amount.--The amount provided to an eligible
applicant through a grant or other agreement under paragraph
(1) shall be not more than $5,000,000.
(iv) Operation and maintenance costs.--The non-Federal
share of the cost of operating and maintaining any
infrastructure improvement that is the subject of a grant or
other agreement entered into between the Secretary and an
eligible applicant under paragraph (1) shall be 100 percent.
(F) Liability.--
(i) In general.--Except as provided under chapter 171 of
title 28, United States Code (commonly known as the ``Federal
Tort Claims Act''), the United States shall not be liable for
monetary damages of any kind for any injury arising out of an
act, omission, or occurrence that arises in relation to any
facility created or improved under this section, the title of
which is not held by the United States.
(ii) Tort claims act.--Nothing in this section increases
the liability of the United States beyond that provided in
chapter 171 of title 28, United States Code (commonly known
as the ``Federal Tort Claims Act'').
(b) Research Agreements.--
(1) Authority of secretary.--The Secretary may enter into 1
or more agreements with any university, nonprofit research
institution, or organization with water or power delivery
authority to fund any research activity that is designed--
(A) to conserve water resources;
(B) to increase the efficiency of the use of water
resources; or
(C) to enhance the management of water resources, including
increasing the use of renewable energy in the management and
delivery of water.
(2) Terms and conditions of secretary.--
(A) In general.--An agreement entered into between the
Secretary and any university, institution, or organization
described in paragraph (1) shall be subject to such terms and
conditions as the Secretary determines to be appropriate.
(B) Availability.--The agreements under this subsection
shall be available to all Reclamation projects and programs
that may benefit from project-specific or programmatic
cooperative research and development.
(c) Mutual Benefit.--Grants or other agreements made under
this section may be for the mutual benefit of the United
States and the entity that is provided the grant or enters
into the cooperative agreement.
(d) Relationship to Project-Specific Authority.--This
section shall not supersede any existing project-specific
funding authority.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000, to
remain available until expended.
SEC. 9505. HYDROELECTRIC POWER ASSESSMENT.
(a) Duty of Secretary of Energy.--The Secretary of Energy,
in consultation with the Administrator of each Federal Power
Marketing Administration, shall assess each effect of, and
risk resulting from, global climate change with respect to
water supplies that are required for the generation of
hydroelectric power at each Federal water project that is
applicable to a Federal Power Marketing Administration.
(b) Access to Appropriate Data.--
(1) In general.--In carrying out each assessment under
subsection (a), the Secretary of Energy shall consult with
the United States Geological Survey, the National Oceanic and
Atmospheric Administration, the program, and each appropriate
State water resource agency, to ensure that the Secretary of
Energy has access to the best available scientific
information with respect to presently observed impacts and
projected future impacts of global climate change on water
supplies that are used to produce hydroelectric power.
(2) Access to data for certain assessments.--In carrying
out each assessment under subsection (a), with respect to the
Bonneville Power Administration and the Western Area Power
Administration, the Secretary of Energy shall consult with
the Commissioner to access data and other information that--
(A) is collected by the Commissioner; and
(B) the Secretary of Energy determines to be necessary for
the conduct of the assessment.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary of Energy shall submit to the appropriate
committees of Congress a report that describes--
(1) each effect of, and risk resulting from, global climate
change with respect to--
(A) water supplies used for hydroelectric power generation;
and
(B) power supplies marketed by each Federal Power Marketing
Administration, pursuant to--
(i) long-term power contracts;
(ii) contingent capacity contracts; and
(iii) short-term sales; and
(2) each recommendation of the Administrator of each
Federal Power Marketing Administration relating to any change
in any operation or contracting practice of each Federal
Power Marketing Administration to address each effect and
risk described in paragraph (1), including the use of
purchased power to meet long-term commitments of each Federal
Power Marketing Administration.
(d) Authority.--The Secretary of Energy may enter into
contracts, grants, or other agreements with appropriate
entities to carry out this section.
(e) Costs.--
(1) Nonreimbursable.--Any costs incurred by the Secretary
of Energy in carrying out this section shall be
nonreimbursable.
(2) PMA costs.--Each Federal Power Marketing Administration
shall incur costs in carrying out this section only to the
extent that appropriated funds are provided by the Secretary
of Energy for that purpose.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2009 through 2023, to
remain available until expended.
SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL PANEL.
(a) Establishment.--The Secretary and the Administrator
shall establish and lead a climate change and water
intragovernmental panel--
(1) to review the current scientific understanding of each
impact of global climate change on the quantity and quality
of freshwater resources of the United States; and
(2) to develop any strategy that the panel determines to be
necessary to improve observational capabilities, expand data
acquisition, or take other actions--
(A) to increase the reliability and accuracy of modeling
and prediction systems to benefit water managers at the
Federal, State, and local levels; and
(B) to increase the understanding of the impacts of climate
change on aquatic ecosystems.
(b) Membership.--The panel shall be comprised of--
(1) the Secretary;
(2) the Director;
(3) the Administrator;
(4) the Secretary of Agriculture (acting through the Under
Secretary for Natural Resources and Environment);
[[Page 7033]]
(5) the Commissioner;
(6) the Secretary of the Army, acting through the Chief of
Engineers;
(7) the Administrator of the Environmental Protection
Agency; and
(8) the Secretary of Energy.
(c) Review Elements.--In conducting the review and
developing the strategy under subsection (a), the panel shall
consult with State water resource agencies, the Advisory
Committee, drinking water utilities, water research
organizations, and relevant water user, environmental, and
other nongovernmental organizations--
(1) to assess the extent to which the conduct of measures
of streamflow, groundwater levels, soil moisture,
evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, flood risk, and glacier mass is
necessary to improve the understanding of the Federal
Government and the States with respect to each impact of
global climate change on water resources;
(2) to identify data gaps in current water monitoring
networks that must be addressed to improve the capability of
the Federal Government and the States to measure, analyze,
and predict changes to the quality and quantity of water
resources, including flood risks, that are directly or
indirectly affected by global climate change;
(3) to establish data management and communication
protocols and standards to increase the quality and
efficiency by which each Federal agency acquires and reports
relevant data;
(4) to consider options for the establishment of a data
portal to enhance access to water resource data--
(A) relating to each nationally significant freshwater
watershed and aquifer located in the United States; and
(B) that is collected by each Federal agency and any other
public or private entity for each nationally significant
freshwater watershed and aquifer located in the United
States;
(5) to facilitate the development of hydrologic and other
models to integrate data that reflects groundwater and
surface water interactions; and
(6) to apply the hydrologic and other models developed
under paragraph (5) to water resource management problems
identified by the panel, including the need to maintain or
improve ecological resiliency at watershed and aquifer system
scales.
(d) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that describes
the review conducted, and the strategy developed, by the
panel under subsection (a).
(e) Demonstration, Research, and Methodology Development
Projects.--
(1) Authority of secretary.--The Secretary, in consultation
with the panel and the Advisory Committee, may provide grants
to, or enter into any contract, cooperative agreement,
interagency agreement, or other transaction with, an
appropriate entity to carry out any demonstration, research,
or methodology development project that the Secretary
determines to be necessary to assist in the implementation of
the strategy developed by the panel under subsection (a)(2).
(2) Requirements.--
(A) Maximum amount of federal share.--The Federal share of
the cost of any demonstration, research, or methodology
development project that is the subject of any grant,
contract, cooperative agreement, interagency agreement, or
other transaction entered into between the Secretary and an
appropriate entity under paragraph (1) shall not exceed
$1,000,000.
(B) Report.--An appropriate entity that receives funds from
a grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between the
Secretary and the appropriate entity under paragraph (1)
shall submit to the Secretary a report describing the results
of the demonstration, research, or methodology development
project conducted by the appropriate entity.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a) through (d) $2,000,000 for each of
fiscal years 2009 through 2011, to remain available until
expended.
(2) Demonstration, research, and methodology development
projects.--There is authorized to be appropriated to carry
out subsection (e) $10,000,000 for the period of fiscal years
2009 through 2013, to remain available until expended.
SEC. 9507. WATER DATA ENHANCEMENT BY UNITED STATES GEOLOGICAL
SURVEY.
(a) National Streamflow Information Program.--
(1) In general.--The Secretary, in consultation with the
Advisory Committee and the Panel and consistent with this
section, shall proceed with implementation of the national
streamflow information program, as reviewed by the National
Research Council in 2004.
(2) Requirements.--In conducting the national streamflow
information program, the Secretary shall--
(A) measure streamflow and related environmental variables
in nationally significant watersheds--
(i) in a reliable and continuous manner; and
(ii) to develop a comprehensive source of information on
which public and private decisions relating to the management
of water resources may be based;
(B) provide for a better understanding of hydrologic
extremes (including floods and droughts) through the conduct
of intensive data collection activities during and following
hydrologic extremes;
(C) establish a base network that provides resources that
are necessary for--
(i) the monitoring of long-term changes in streamflow; and
(ii) the conduct of assessments to determine the extent to
which each long-term change monitored under clause (i) is
related to global climate change;
(D) integrate the national streamflow information program
with data collection activities of Federal agencies and
appropriate State water resource agencies (including the
National Integrated Drought Information System)--
(i) to enhance the comprehensive understanding of water
availability;
(ii) to improve flood-hazard assessments;
(iii) to identify any data gap with respect to water
resources; and
(iv) to improve hydrologic forecasting; and
(E) incorporate principles of adaptive management in the
conduct of periodic reviews of information collected under
the national streamflow information program to assess whether
the objectives of the national streamflow information program
are being adequately addressed.
(3) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure streamflow in a more
cost-efficient manner.
(4) Network enhancement.--
(A) In general.--Not later than 10 years after the date of
enactment of this Act, in accordance with subparagraph (B),
the Secretary shall--
(i) increase the number of streamgages funded by the
national streamflow information program to a quantity of not
less than 4,700 sites; and
(ii) ensure all streamgages are flood-hardened and equipped
with water-quality sensors and modernized telemetry.
(B) Requirements of sites.--Each site described in
subparagraph (A) shall conform with the National Streamflow
Information Program plan as reviewed by the National Research
Council.
(5) Federal share.--The Federal share of the national
streamgaging network established pursuant to this subsection
shall be 100 percent of the cost of carrying out the national
streamgaging network.
(6) Authorization of appropriations.--
(A) In general.--Except as provided in subparagraph (B),
there are authorized to be appropriated such sums as are
necessary to operate the national streamflow information
program for the period of fiscal years 2009 through 2023, to
remain available until expended.
(B) Network enhancement funding.--There is authorized to be
appropriated to carry out the network enhancements described
in paragraph (4) $10,000,000 for each of fiscal years 2009
through 2019, to remain available until expended.
(b) National Groundwater Resources Monitoring.--
(1) In general.--The Secretary shall develop a systematic
groundwater monitoring program for each major aquifer system
located in the United States.
(2) Program elements.--In developing the monitoring program
described in paragraph (1), the Secretary shall--
(A) establish appropriate criteria for monitoring wells to
ensure the acquisition of long-term, high-quality data sets,
including, to the maximum extent possible, the inclusion of
real-time instrumentation and reporting;
(B) in coordination with the Advisory Committee and State
and local water resource agencies--
(i) assess the current scope of groundwater monitoring
based on the access availability and capability of each
monitoring well in existence as of the date of enactment of
this Act; and
(ii) develop and carry out a monitoring plan that maximizes
coverage for each major aquifer system that is located in the
United States; and
(C) prior to initiating any specific monitoring activities
within a State after the date of enactment of this Act,
consult and coordinate with the applicable State water
resource agency with jurisdiction over the aquifer that is
the subject of the monitoring activities, and comply with all
applicable laws (including regulations) of the State.
(3) Program objectives.--In carrying out the monitoring
program described in paragraph (1), the Secretary shall--
(A) provide data that is necessary for the improvement of
understanding with respect to surface water and groundwater
interactions;
(B) by expanding the network of monitoring wells to reach
each climate division,
[[Page 7034]]
support the groundwater climate response network to improve
the understanding of the effects of global climate change on
groundwater recharge and availability; and
(C) support the objectives of the assessment program.
(4) Improved methodologies.--The Secretary shall--
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies
and technologies to estimate or measure groundwater recharge,
discharge, and storage in a more cost-efficient manner.
(5) Federal share.--The Federal share of the monitoring
program described in paragraph (1) may be 100 percent of the
cost of carrying out the monitoring program.
(6) Priority.--In selecting monitoring activities
consistent with the monitoring program described in paragraph
(1), the Secretary shall give priority to those activities
for which a State or local governmental entity agrees to
provide for a substantial share of the cost of establishing
or operating a monitoring well or other measuring device to
carry out a monitoring activity.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection for the period of fiscal years 2009 through
2023, to remain available until expended.
(c) Brackish Groundwater Assessment.--
(1) Study.--The Secretary, in consultation with State and
local water resource agencies, shall conduct a study of
available data and other relevant information--
(A) to identify significant brackish groundwater resources
located in the United States; and
(B) to consolidate any available data relating to each
groundwater resource identified under subparagraph (A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
(A) a description of each--
(i) significant brackish aquifer that is located in the
United States (including 1 or more maps of each significant
brackish aquifer that is located in the United States);
(ii) data gap that is required to be addressed to fully
characterize each brackish aquifer described in clause (i);
and
(iii) current use of brackish groundwater that is supplied
by each brackish aquifer described in clause (i); and
(B) a summary of the information available as of the date
of enactment of this Act with respect to each brackish
aquifer described in subparagraph (A)(i) (including the known
level of total dissolved solids in each brackish aquifer).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000
for the period of fiscal years 2009 through 2011, to remain
available until expended.
(d) Improved Water Estimation, Measurement, and Monitoring
Technologies.--
(1) Authority of secretary.--The Secretary may provide
grants on a nonreimbursable basis to appropriate entities
with expertise in water resource data acquisition and
reporting, including Federal agencies, the Water Resources
Research Institutes and other academic institutions, and
private entities, to--
(A) investigate, develop, and implement new methodologies
and technologies to estimate or measure water resources data
in a cost-efficient manner; and
(B) improve methodologies relating to the analysis and
delivery of data.
(2) Priority.--In providing grants to appropriate entities
under paragraph (1), the Secretary shall give priority to
appropriate entities that propose the development of new
methods and technologies for--
(A) predicting and measuring streamflows;
(B) estimating changes in the storage of groundwater;
(C) improving data standards and methods of analysis
(including the validation of data entered into geographic
information system databases);
(D) measuring precipitation and potential
evapotranspiration; and
(E) water withdrawals, return flows, and consumptive use.
(3) Partnerships.--In recognition of the value of
collaboration to foster innovation and enhance research and
development efforts, the Secretary shall encourage
partnerships, including public-private partnerships, between
and among Federal agencies, academic institutions, and
private entities to promote the objectives described in
paragraph (1).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2009 through 2019.
SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT
PROGRAM.
(a) Establishment.--The Secretary, in coordination with the
Advisory Committee and State and local water resource
agencies, shall establish a national assessment program to be
known as the ``national water availability and use assessment
program''--
(1) to provide a more accurate assessment of the status of
the water resources of the United States;
(2) to assist in the determination of the quantity of water
that is available for beneficial uses;
(3) to assist in the determination of the quality of the
water resources of the United States;
(4) to identify long-term trends in water availability;
(5) to use each long-term trend described in paragraph (4)
to provide a more accurate assessment of the change in the
availability of water in the United States; and
(6) to develop the basis for an improved ability to
forecast the availability of water for future economic,
energy production, and environmental uses.
(b) Program Elements.--
(1) Water use.--In carrying out the assessment program, the
Secretary shall conduct any appropriate activity to carry out
an ongoing assessment of water use in hydrologic accounting
units and major aquifer systems located in the United States,
including--
(A) the maintenance of a comprehensive national water use
inventory to enhance the level of understanding with respect
to the effects of spatial and temporal patterns of water use
on the availability and sustainable use of water resources;
(B) the incorporation of water use science principles, with
an emphasis on applied research and statistical estimation
techniques in the assessment of water use;
(C) the integration of any dataset maintained by any other
Federal or State agency into the dataset maintained by the
Secretary; and
(D) a focus on the scientific integration of any data
relating to water use, water flow, or water quality to
generate relevant information relating to the impact of human
activity on water and ecological resources.
(2) Water availability.--In carrying out the assessment
program, the Secretary shall conduct an ongoing assessment of
water availability by--
(A) developing and evaluating nationally consistent
indicators that reflect each status and trend relating to the
availability of water resources in the United States,
including--
(i) surface water indicators, such as streamflow and
surface water storage measures (including lakes, reservoirs,
perennial snowfields, and glaciers);
(ii) groundwater indicators, including groundwater level
measurements and changes in groundwater levels due to--
(I) natural recharge;
(II) withdrawals;
(III) saltwater intrusion;
(IV) mine dewatering;
(V) land drainage;
(VI) artificial recharge; and
(VII) other relevant factors, as determined by the
Secretary; and
(iii) impaired surface water and groundwater supplies that
are known, accessible, and used to meet ongoing water
demands;
(B) maintaining a national database of water availability
data that--
(i) is comprised of maps, reports, and other forms of
interpreted data;
(ii) provides electronic access to the archived data of the
national database; and
(iii) provides for real-time data collection; and
(C) developing and applying predictive modeling tools that
integrate groundwater, surface water, and ecological systems.
(c) Grant Program.--
(1) Authority of secretary.--The Secretary may provide
grants to State water resource agencies to assist State water
resource agencies in--
(A) developing water use and availability datasets that are
integrated with each appropriate dataset developed or
maintained by the Secretary; or
(B) integrating any water use or water availability dataset
of the State water resource agency into each appropriate
dataset developed or maintained by the Secretary.
(2) Criteria.--To be eligible to receive a grant under
paragraph (1), a State water resource agency shall
demonstrate to the Secretary that the water use and
availability dataset proposed to be established or integrated
by the State water resource agency--
(A) is in compliance with each quality and conformity
standard established by the Secretary to ensure that the data
will be capable of integration with any national dataset; and
(B) will enhance the ability of the officials of the State
or the State water resource agency to carry out each water
management and regulatory responsibility of the officials of
the State in accordance with each applicable law of the
State.
(3) Maximum amount.--The amount of a grant provided to a
State water resource agency under paragraph (1) shall be an
amount not more than $250,000.
(d) Report.--Not later than December 31, 2012, and every 5
years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report that provides a
detailed assessment of--
(1) the current availability of water resources in the
United States, including--
(A) historic trends and annual updates of river basin
inflows and outflows;
(B) surface water storage;
(C) groundwater reserves; and
[[Page 7035]]
(D) estimates of undeveloped potential resources (including
saline and brackish water and wastewater);
(2) significant trends affecting water availability,
including each documented or projected impact to the
availability of water as a result of global climate change;
(3) the withdrawal and use of surface water and groundwater
by various sectors, including--
(A) the agricultural sector;
(B) municipalities;
(C) the industrial sector;
(D) thermoelectric power generators; and
(E) hydroelectric power generators;
(4) significant trends relating to each water use sector,
including significant changes in water use due to the
development of new energy supplies;
(5) significant water use conflicts or shortages that have
occurred or are occurring; and
(6) each factor that has caused, or is causing, a conflict
or shortage described in paragraph (5).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsections (a), (b), and (d) $20,000,000 for each
of fiscal years 2009 through 2023, to remain available until
expended.
(2) Grant program.--There is authorized to be appropriated
to carry out subsection (c) $12,500,000 for the period of
fiscal years 2009 through 2013, to remain available until
expended.
SEC. 9509. RESEARCH AGREEMENT AUTHORITY.
The Secretary may enter into contracts, grants, or
cooperative agreements, for periods not to exceed 5 years, to
carry out research within the Bureau of Reclamation.
SEC. 9510. EFFECT.
(a) In General.--Nothing in this subtitle supersedes or
limits any existing authority provided, or responsibility
conferred, by any provision of law.
(b) Effect on State Water Law.--
(1) In general.--Nothing in this subtitle preempts or
affects any--
(A) State water law; or
(B) interstate compact governing water.
(2) Compliance required.--The Secretary shall comply with
applicable State water laws in carrying out this subtitle.
Subtitle G--Aging Infrastructure
SEC. 9601 DEFINITIONS.
In this subtitle:
(1) Inspection.--The term ``inspection'' means an
inspection of a project facility carried out by the
Secretary--
(A) to assess and determine the general condition of the
project facility; and
(B) to estimate the value of property, and the size of the
population, that would be at risk if the project facility
fails, is breached, or otherwise allows flooding to occur.
(2) Project facility.--The term ``project facility'' means
any part or incidental feature of a project, excluding high-
and significant-hazard dams, constructed under the Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.).
(3) Reserved works.--The term ``reserved works'' mean any
project facility at which the Secretary carries out the
operation and maintenance of the project facility.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(5) Transferred works.--The term ``transferred works''
means a project facility, the operation and maintenance of
which is carried out by a non-Federal entity, under the
provisions of a formal operation and maintenance transfer
contract.
(6) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
which is contractually responsible for operation and
maintenance of transferred works.
(7) Extraordinary operation and maintenance work.--The term
``extraordinary operation and maintenance work'' means major,
nonrecurring maintenance to Reclamation-owned or operated
facilities, or facility components, that is--
(A) intended to ensure the continued safe, dependable, and
reliable delivery of authorized project benefits; and
(B) greater than 10 percent of the contractor's or the
transferred works operating entity's annual operation and
maintenance budget for the facility, or greater than
$100,000.
SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES
AND TECHNICAL ASSISTANCE TO TRANSFERRED WORKS
OPERATING ENTITIES.
(a) Guidelines and Inspections.--
(1) Development of guidelines.--Not later than 1 year after
the date of enactment of this Act, the Secretary in
consultation with transferred works operating entities shall
develop, consistent with existing transfer contracts,
specific inspection guidelines for project facilities which
are in proximity to urbanized areas and which could pose a
risk to public safety or property damage if such project
facilities were to fail.
(2) Conduct of inspections.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
conduct inspections of those project facilities, which are in
proximity to urbanized areas and which could pose a risk to
public safety or property damage if such facilities were to
fail, using such specific inspection guidelines and criteria
developed pursuant to paragraph (1). In selecting project
facilities to inspect, the Secretary shall take into account
the potential magnitude of public safety and economic damage
posed by each project facility.
(3) Treatment of costs.--The costs incurred by the
Secretary in conducting these inspections shall be
nonreimbursable.
(b) Use of Inspection Data.--The Secretary shall use the
data collected through the conduct of the inspections under
subsection (a)(2) to--
(1) provide recommendations to the transferred works
operating entities for improvement of operation and
maintenance processes, operating procedures including
operation guidelines consistent with existing transfer
contracts, and structural modifications to those transferred
works;
(2) determine an appropriate inspection frequency for such
nondam project facilities which shall not exceed 6 years; and
(3) provide, upon request of transferred work operating
entities, local governments, or State agencies, information
regarding potential hazards posed by existing or proposed
residential, commercial, industrial or public-use development
adjacent to project facilities.
(c) Technical Assistance to Transferred Works Operating
Entities.--
(1) Authority of secretary to provide technical
assistance.--The Secretary is authorized, at the request of a
transferred works operating entity in proximity to an
urbanized area, to provide technical assistance to accomplish
the following, if consistent with existing transfer
contracts:
(A) Development of documented operating procedures for a
project facility.
(B) Development of documented emergency notification and
response procedures for a project facility.
(C) Development of facility inspection criteria for a
project facility.
(D) Development of a training program on operation and
maintenance requirements and practices for a project facility
for a transferred works operating entity's workforce.
(E) Development of a public outreach plan on the operation
and risks associated with a project facility.
(F) Development of any other plans or documentation which,
in the judgment of the Secretary, will contribute to public
safety and the sage operation of a project facility.
(2) Costs.--The Secretary is authorized to provide, on a
non-reimbursable basis, up to 50 percent of the cost of such
technical assistance, with the balance of such costs being
advanced by the transferred works operating entity or other
non-Federal source. The non-Federal 50 percent minimum cost
share for such technical assistance may be in the form of in-
lieu contributions of resources by the transferred works
operating entity or other non-Federal source.
SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK
PERFORMED BY THE SECRETARY.
(a) In General.--The Secretary or the transferred works
operating entity may carry out, in accordance with subsection
(b) and consistent with existing transfer contracts, any
extraordinary operation and maintenance work on a project
facility that the Secretary determines to be reasonably
required to preserve the structural safety of the project
facility.
(b) Reimbursement of Costs Arising From Extraordinary
Operation and Maintenance Work.--
(1) Treatment of costs.--For reserved works, costs incurred
by the Secretary in conducting extraordinary operation and
maintenance work will be allocated to the authorized
reimbursable purposes of the project and shall be repaid
within 50 years, with interest, from the year in which work
undertaken pursuant to this subtitle is substantially
complete.
(2) Authority of secretary.--For transferred works, the
Secretary is authorized to advance the costs incurred by the
transferred works operating entity in conducting
extraordinary operation and maintenance work and negotiate
appropriate 50-year repayment contracts with project
beneficiaries providing for the return of reimbursable costs,
with interest, under this subsection: Provided, however, That
no contract entered into pursuant to this subtitle shall be
deemed to be a new or amended contract for the purposes of
section 203(a) of the Reclamation Reform Act of 1982 (43
U.S.C. 390cc(a)).
(3) Determination of interest rate.--The interest rate used
for computing interest on work in progress and interest on
the unpaid balance of the reimbursable costs of extraordinary
operation and maintenance work authorized by this subtitle
shall be determined by the Secretary of the Treasury, as of
the beginning of the fiscal year in which extraordinary
operation and maintenance work is commenced, on the basis of
average market yields on outstanding marketable obligations
of the United States with the remaining periods of maturity
comparable to the applicable reimbursement period of the
[[Page 7036]]
project, adjusted to the nearest \1/8\ of 1 percent on the
unamortized balance of any portion of the loan.
(c) Emergency Extraordinary Operation and Maintenance
Work.--
(1) In general.--The Secretary or the transferred works
operating entity shall carry out any emergency extraordinary
operation and maintenance work on a project facility that the
Secretary determines to be necessary to minimize the risk of
imminent harm to public health or safety, or property.
(2) Reimbursement.--The Secretary may advance funds for
emergency extraordinary operation and maintenance work and
shall seek reimbursement from the transferred works operating
entity or benefitting entity upon receiving a written
assurance from the governing body of such entity that it will
negotiate a contract pursuant to section 9603 for repayment
of costs incurred by the Secretary in undertaking such work.
(3) Funding.--If the Secretary determines that a project
facility inspected and maintained pursuant to the guidelines
and criteria set forth in section 9602(a) requires
extraordinary operation and maintenance pursuant to paragraph
(1), the Secretary may provide Federal funds on a
nonreimbursable basis sufficient to cover 35 percent of the
cost of the extraordinary operation and maintenance allocable
to the transferred works operating entity, which is needed to
minimize the risk of imminent harm. The remaining share of
the Federal funds advanced by the Secretary for such work
shall be repaid under subsection (b).
SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS
ACT.
Nothing in this subtitle shall preclude a transferred works
operating entity from applying and receiving a loan-guarantee
pursuant to the Twenty-First Century Water Works Act (43
U.S.C. 2401 et seq.).
SEC. 9605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
PART I--SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT
SEC. 10001. SHORT TITLE.
This part may be cited as the ``San Joaquin River
Restoration Settlement Act''.
SEC. 10002. PURPOSE.
The purpose of this part is to authorize implementation of
the Settlement.
SEC. 10003. DEFINITIONS.
In this part:
(1) The terms ``Friant Division long-term contractors'',
``Interim Flows'', ``Restoration Flows'', ``Recovered Water
Account'', ``Restoration Goal'', and ``Water Management
Goal'' have the meanings given the terms in the Settlement.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Settlement'' means the Stipulation of
Settlement dated September 13, 2006, in the litigation
entitled Natural Resources Defense Council, et al. v. Kirk
Rodgers, et al., United States District Court, Eastern
District of California, No. CIV. S-88-1658-LKK/GGH.
SEC. 10004. IMPLEMENTATION OF SETTLEMENT.
(a) In General.--The Secretary of the Interior is hereby
authorized and directed to implement the terms and conditions
of the Settlement in cooperation with the State of
California, including the following measures as these
measures are prescribed in the Settlement:
(1) Design and construct channel and structural
improvements as described in paragraph 11 of the Settlement,
provided, however, that the Secretary shall not make or fund
any such improvements to facilities or property of the State
of California without the approval of the State of California
and the State's agreement in 1 or more memoranda of
understanding to participate where appropriate.
(2) Modify Friant Dam operations so as to provide
Restoration Flows and Interim Flows.
(3) Acquire water, water rights, or options to acquire
water as described in paragraph 13 of the Settlement,
provided, however, such acquisitions shall only be made from
willing sellers and not through eminent domain.
(4) Implement the terms and conditions of paragraph 16 of
the Settlement related to recirculation, recapture, reuse,
exchange, or transfer of water released for Restoration Flows
or Interim Flows, for the purpose of accomplishing the Water
Management Goal of the Settlement, subject to--
(A) applicable provisions of California water law;
(B) the Secretary's use of Central Valley Project
facilities to make Project water (other than water released
from Friant Dam pursuant to the Settlement) and water
acquired through transfers available to existing south-of-
Delta Central Valley Project contractors; and
(C) the Secretary's performance of the Agreement of
November 24, 1986, between the United States of America and
the Department of Water Resources of the State of California
for the coordinated operation of the Central Valley Project
and the State Water Project as authorized by Congress in
section 2(d) of the Act of August 26, 1937 (50 Stat. 850, 100
Stat. 3051), including any agreement to resolve conflicts
arising from said Agreement.
(5) Develop and implement the Recovered Water Account as
specified in paragraph 16(b) of the Settlement, including the
pricing and payment crediting provisions described in
paragraph 16(b)(3) of the Settlement, provided that all other
provisions of Federal reclamation law shall remain
applicable.
(b) Agreements.--
(1) Agreements with the state.--In order to facilitate or
expedite implementation of the Settlement, the Secretary is
authorized and directed to enter into appropriate agreements,
including cost-sharing agreements, with the State of
California.
(2) Other agreements.--The Secretary is authorized to enter
into contracts, memoranda of understanding, financial
assistance agreements, cost sharing agreements, and other
appropriate agreements with State, tribal, and local
governmental agencies, and with private parties, including
agreements related to construction, improvement, and
operation and maintenance of facilities, subject to any terms
and conditions that the Secretary deems necessary to achieve
the purposes of the Settlement.
(c) Acceptance and Expenditure of Non-Federal Funds.--The
Secretary is authorized to accept and expend non-Federal
funds in order to facilitate implementation of the
Settlement.
(d) Mitigation of Impacts.--Prior to the implementation of
decisions or agreements to construct, improve, operate, or
maintain facilities that the Secretary determines are needed
to implement the Settlement, the Secretary shall identify--
(1) the impacts associated with such actions; and
(2) the measures which shall be implemented to mitigate
impacts on adjacent and downstream water users and
landowners.
(e) Design and Engineering Studies.--The Secretary is
authorized to conduct any design or engineering studies that
are necessary to implement the Settlement.
(f) Effect on Contract Water Allocations.--Except as
otherwise provided in this section, the implementation of the
Settlement and the reintroduction of California Central
Valley Spring Run Chinook salmon pursuant to the Settlement
and section 10011, shall not result in the involuntary
reduction in contract water allocations to Central Valley
Project long-term contractors, other than Friant Division
long-term contractors.
(g) Effect on Existing Water Contracts.--Except as provided
in the Settlement and this part, nothing in this part shall
modify or amend the rights and obligations of the parties to
any existing water service, repayment, purchase, or exchange
contract.
(h) Interim Flows.--
(1) Study required.--Prior to releasing any Interim Flows
under the Settlement, the Secretary shall prepare an analysis
in compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), including at a minimum--
(A) an analysis of channel conveyance capacities and
potential for levee or groundwater seepage;
(B) a description of the associated seepage monitoring
program;
(C) an evaluation of--
(i) possible impacts associated with the release of Interim
Flows; and
(ii) mitigation measures for those impacts that are
determined to be significant;
(D) a description of the associated flow monitoring
program; and
(E) an analysis of the likely Federal costs, if any, of any
fish screens, fish bypass facilities, fish salvage
facilities, and related operations on the San Joaquin River
south of the confluence with the Merced River required under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
as a result of the Interim Flows.
(2) Conditions for release.--The Secretary is authorized to
release Interim Flows to the extent that such flows would
not--
(A) impede or delay completion of the measures specified in
Paragraph 11(a) of the Settlement; or
(B) exceed existing downstream channel capacities.
(3) Seepage impacts.--The Secretary shall reduce Interim
Flows to the extent necessary to address any material adverse
impacts to third parties from groundwater seepage caused by
such flows that the Secretary identifies based on the
monitoring program of the Secretary.
(4) Temporary fish barrier program.--The Secretary, in
consultation with the California Department of Fish and Game,
shall evaluate the effectiveness of the Hills Ferry barrier
in preventing the unintended upstream migration of anadromous
fish in the San Joaquin River and any false migratory
pathways. If that evaluation determines that any such
migration past the barrier is caused by the introduction of
the Interim Flows and that the presence of such fish will
result in the imposition of additional regulatory actions
against third parties, the Secretary is authorized to assist
the Department of Fish and Game in making improvements to the
barrier. From funding made
[[Page 7037]]
available in accordance with section 10009, if third parties
along the San Joaquin River south of its confluence with the
Merced River are required to install fish screens or fish
bypass facilities due to the release of Interim Flows in
order to comply with the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the Secretary shall bear the costs of
the installation of such screens or facilities if such costs
would be borne by the Federal Government under section
10009(a)(3), except to the extent that such costs are already
or are further willingly borne by the State of California or
by the third parties.
(i) Funding Availability.--
(1) In general.--Funds shall be collected in the San
Joaquin River Restoration Fund through October 1, 2019, and
thereafter, with substantial amounts available through
October 1, 2019, pursuant to section 10009 for implementation
of the Settlement and parts I and III, including--
(A) $88,000,000, to be available without further
appropriation pursuant to section 10009(c)(2);
(B) additional amounts authorized to be appropriated,
including the charges required under section 10007 and an
estimated $20,000,000 from the CVP Restoration Fund pursuant
to section 10009(b)(2); and
(C) an aggregate commitment of at least $200,000,000 by the
State of California.
(2) Additional amounts.--Substantial additional amounts
from the San Joaquin River Restoration Fund shall become
available without further appropriation after October 1,
2019, pursuant to section 10009(c)(2).
(3) Effect of subsection.--Nothing in this subsection
limits the availability of funds authorized for appropriation
pursuant to section 10009(b) or 10203(c).
(j) San Joaquin River Exchange Contract.--Subject to
section 10006(b), nothing in this part shall modify or amend
the rights and obligations under the Purchase Contract
between Miller and Lux and the United States and the Second
Amended Exchange Contract between the United States,
Department of the Interior, Bureau of Reclamation and Central
California Irrigation District, San Luis Canal Company,
Firebaugh Canal Water District and Columbia Canal Company.
SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO
FACILITIES.
(a) Title to Facilities.--Unless acquired pursuant to
subsection (b), title to any facility or facilities, stream
channel, levees, or other real property modified or improved
in the course of implementing the Settlement authorized by
this part, and title to any modifications or improvements of
such facility or facilities, stream channel, levees, or other
real property--
(1) shall remain in the owner of the property; and
(2) shall not be transferred to the United States on
account of such modifications or improvements.
(b) Acquisition of Property.--
(1) In general.--The Secretary is authorized to acquire
through purchase from willing sellers any property, interests
in property, or options to acquire real property needed to
implement the Settlement authorized by this part.
(2) Applicable law.--The Secretary is authorized, but not
required, to exercise all of the authorities provided in
section 2 of the Act of August 26, 1937 (50 Stat. 844,
chapter 832), to carry out the measures authorized in this
section and section 10004.
(c) Disposal of Property.--
(1) In general.--Upon the Secretary's determination that
retention of title to property or interests in property
acquired pursuant to this part is no longer needed to be held
by the United States for the furtherance of the Settlement,
the Secretary is authorized to dispose of such property or
interest in property on such terms and conditions as the
Secretary deems appropriate and in the best interest of the
United States, including possible transfer of such property
to the State of California.
(2) Right of first refusal.--In the event the Secretary
determines that property acquired pursuant to this part
through the exercise of its eminent domain authority is no
longer necessary for implementation of the Settlement, the
Secretary shall provide a right of first refusal to the
property owner from whom the property was initially acquired,
or his or her successor in interest, on the same terms and
conditions as the property is being offered to other parties.
(3) Disposition of proceeds.--Proceeds from the disposal by
sale or transfer of any such property or interests in such
property shall be deposited in the fund established by
section 10009(c).
(d) Groundwater Bank.--Nothing in this part authorizes the
Secretary to operate a groundwater bank along or adjacent to
the San Joaquin River upstream of the confluence with the
Merced River, and any such groundwater bank shall be operated
by a non-Federal entity.
SEC. 10006. COMPLIANCE WITH APPLICABLE LAW.
(a) Applicable Law.--
(1) In general.--In undertaking the measures authorized by
this part, the Secretary and the Secretary of Commerce shall
comply with all applicable Federal and State laws, rules, and
regulations, including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), as necessary.
(2) Environmental reviews.--The Secretary and the Secretary
of Commerce are authorized and directed to initiate and
expeditiously complete applicable environmental reviews and
consultations as may be necessary to effectuate the purposes
of the Settlement.
(b) Effect on State Law.--Nothing in this part shall
preempt State law or modify any existing obligation of the
United States under Federal reclamation law to operate the
Central Valley Project in conformity with State law.
(c) Use of Funds for Environmental Reviews.--
(1) Definition of environmental review.--For purposes of
this subsection, the term ``environmental review'' includes
any consultation and planning necessary to comply with
subsection (a).
(2) Participation in environmental review process.--In
undertaking the measures authorized by section 10004, and for
which environmental review is required, the Secretary may
provide funds made available under this part to affected
Federal agencies, State agencies, local agencies, and Indian
tribes if the Secretary determines that such funds are
necessary to allow the Federal agencies, State agencies,
local agencies, or Indian tribes to effectively participate
in the environmental review process.
(3) Limitation.--Funds may be provided under paragraph (2)
only to support activities that directly contribute to the
implementation of the terms and conditions of the Settlement.
(d) Nonreimbursable Funds.--The United States' share of the
costs of implementing this part shall be nonreimbursable
under Federal reclamation law, provided that nothing in this
subsection shall limit or be construed to limit the use of
the funds assessed and collected pursuant to sections
3406(c)(1) and 3407(d)(2) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575;
106 Stat. 4721, 4727), for implementation of the Settlement,
nor shall it be construed to limit or modify existing or
future Central Valley Project ratesetting policies.
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT
IMPROVEMENT ACT.
Congress hereby finds and declares that the Settlement
satisfies and discharges all of the obligations of the
Secretary contained in section 3406(c)(1) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102-575; 106 Stat. 4721), provided, however, that--
(1) the Secretary shall continue to assess and collect the
charges provided in section 3406(c)(1) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102-575; 106 Stat. 4721), as provided in the Settlement; and
(2) those assessments and collections shall continue to be
counted toward the requirements of the Secretary contained in
section 3407(c)(2) of the Reclamation Projects Authorization
and Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
4726).
SEC. 10008. NO PRIVATE RIGHT OF ACTION.
(a) In General.--Nothing in this part confers upon any
person or entity not a party to the Settlement a private
right of action or claim for relief to interpret or enforce
the provisions of this part or the Settlement.
(b) Applicable Law.--This section shall not alter or
curtail any right of action or claim for relief under any
other applicable law.
SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND.
(a) Implementation Costs.--
(1) In general.--The costs of implementing the Settlement
shall be covered by payments or in-kind contributions made by
Friant Division contractors and other non-Federal parties,
including the funds provided in subparagraphs (A) through (D)
of subsection (c)(1), estimated to total $440,000,000, of
which the non-Federal payments are estimated to total
$200,000,000 (at October 2006 price levels) and the amount
from repaid Central Valley Project capital obligations is
estimated to total $240,000,000, the additional Federal
appropriation of $250,000,000 authorized pursuant to
subsection (b)(1), and such additional funds authorized
pursuant to subsection (b)(2); provided however, that the
costs of implementing the provisions of section 10004(a)(1)
shall be shared by the State of California pursuant to the
terms of a memorandum of understanding executed by the State
of California and the Parties to the Settlement on September
13, 2006, which includes at least $110,000,000 of State
funds.
(2) Additional agreements.--
(A) In general.--The Secretary shall enter into 1 or more
agreements to fund or implement improvements on a project-by-
project basis with the State of California.
(B) Requirements.--Any agreements entered into under
subparagraph (A) shall provide for recognition of either
monetary or in-kind contributions toward the State of
California's share of the cost of implementing the provisions
of section 10004(a)(1).
(3) Limitation.--Except as provided in the Settlement, to
the extent that costs incurred solely to implement this
Settlement would not otherwise have been incurred by any
entity or public or local agency or subdivision
[[Page 7038]]
of the State of California, such costs shall not be borne by
any such entity, agency, or subdivision of the State of
California, unless such costs are incurred on a voluntary
basis.
(b) Authorization of Appropriations.--
(1) In general.--In addition to the funding provided in
subsection (c), there are also authorized to be appropriated
not to exceed $250,000,000 (at October 2006 price levels) to
implement this part and the Settlement, to be available until
expended; provided however, that the Secretary is authorized
to spend such additional appropriations only in amounts equal
to the amount of funds deposited in the San Joaquin River
Restoration Fund (not including payments under subsection
(c)(1)(B) and proceeds under subsection (c)(1)(C)), the
amount of in-kind contributions, and other non-Federal
payments actually committed to the implementation of this
part or the Settlement.
(2) Use of the central valley project restoration fund.--
The Secretary is authorized to use monies from the Central
Valley Project Restoration Fund created under section 3407 of
the Reclamation Projects Authorization and Adjustment Act of
1992 (Public Law 102-575; 106 Stat. 4727) for purposes of
this part in an amount not to exceed $2,000,000 (October 2006
price levels) in any fiscal year.
(c) Fund.--
(1) In general.--There is hereby established within the
Treasury of the United States a fund, to be known as the San
Joaquin River Restoration Fund, into which the following
funds shall be deposited and used solely for the purpose of
implementing the Settlement except as otherwise provided in
subsections (a) and (b) of section 10203:
(A) All payments received pursuant to section 3406(c)(1) of
the Reclamation Projects Authorization and Adjustment Act of
1992 (Public Law 102-575; 106 Stat. 4721).
(B) The construction cost component (not otherwise needed
to cover operation and maintenance costs) of payments made by
Friant Division, Hidden Unit, and Buchanan Unit long-term
contractors pursuant to long-term water service contracts or
pursuant to repayment contracts, including repayment
contracts executed pursuant to section 10010. The
construction cost repayment obligation assigned such
contractors under such contracts shall be reduced by the
amount paid pursuant to this paragraph and the appropriate
share of the existing Federal investment in the Central
Valley Project to be recovered by the Secretary pursuant to
Public Law 99-546 (100 Stat. 3050) shall be reduced by an
equivalent sum.
(C) Proceeds from the sale of water pursuant to the
Settlement, or from the sale of property or interests in
property as provided in section 10005.
(D) Any non-Federal funds, including State cost-sharing
funds, contributed to the United States for implementation of
the Settlement, which the Secretary may expend without
further appropriation for the purposes for which contributed.
(2) Availability.--All funds deposited into the Fund
pursuant to subparagraphs (A), (B), and (C) of paragraph (1)
are authorized for appropriation to implement the Settlement
and this part, in addition to the authorization provided in
subsections (a) and (b) of section 10203, except that
$88,000,000 of such funds are available for expenditure
without further appropriation; provided that after October 1,
2019, all funds in the Fund shall be available for
expenditure without further appropriation.
(d) Limitation on Contributions.--Payments made by long-
term contractors who receive water from the Friant Division
and Hidden and Buchanan Units of the Central Valley Project
pursuant to sections 3406(c)(1) and 3407(d)(2) of the
Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102-575; 106 Stat. 4721, 4727) and payments made
pursuant to paragraph 16(b)(3) of the Settlement and
subsection (c)(1)(B) shall be the limitation of such
entities' direct financial contribution to the Settlement,
subject to the terms and conditions of paragraph 21 of the
Settlement.
(e) No Additional Expenditures Required.--Nothing in this
part shall be construed to require a Federal official to
expend Federal funds not appropriated by Congress, or to seek
the appropriation of additional funds by Congress, for the
implementation of the Settlement.
(f) Reach 4B.--
(1) Study.--
(A) In general.--In accordance with the Settlement and the
memorandum of understanding executed pursuant to paragraph 6
of the Settlement, the Secretary shall conduct a study that
specifies--
(i) the costs of undertaking any work required under
paragraph 11(a)(3) of the Settlement to increase the capacity
of reach 4B prior to reinitiation of Restoration Flows;
(ii) the impacts associated with reinitiation of such
flows; and
(iii) measures that shall be implemented to mitigate
impacts.
(B) Deadline.--The study under subparagraph (A) shall be
completed prior to restoration of any flows other than
Interim Flows.
(2) Report.--
(A) In general.--The Secretary shall file a report with
Congress not later than 90 days after issuing a
determination, as required by the Settlement, on whether to
expand channel conveyance capacity to 4500 cubic feet per
second in reach 4B of the San Joaquin River, or use an
alternative route for pulse flows, that--
(i) explains whether the Secretary has decided to expand
Reach 4B capacity to 4500 cubic feet per second; and
(ii) addresses the following matters:
(I) The basis for the Secretary's determination, whether
set out in environmental review documents or otherwise, as to
whether the expansion of Reach 4B would be the preferable
means to achieve the Restoration Goal as provided in the
Settlement, including how different factors were assessed
such as comparative biological and habitat benefits,
comparative costs, relative availability of State cost-
sharing funds, and the comparative benefits and impacts on
water temperature, water supply, private property, and local
and downstream flood control.
(II) The Secretary's final cost estimate for expanding
Reach 4B capacity to 4500 cubic feet per second, or any
alternative route selected, as well as the alternative cost
estimates provided by the State, by the Restoration
Administrator, and by the other parties to the Settlement.
(III) The Secretary's plan for funding the costs of
expanding Reach 4B or any alternative route selected, whether
by existing Federal funds provided under this subtitle, by
non-Federal funds, by future Federal appropriations, or some
combination of such sources.
(B) Determination required.--The Secretary shall, to the
extent feasible, make the determination in subparagraph (A)
prior to undertaking any substantial construction work to
increase capacity in reach 4B.
(3) Costs.--If the Secretary's estimated Federal cost for
expanding reach 4B in paragraph (2), in light of the
Secretary's funding plan set out in that paragraph, would
exceed the remaining Federal funding authorized by this part
(including all funds reallocated, all funds dedicated, and
all new funds authorized by this part and separate from all
commitments of State and other non-Federal funds and in-kind
commitments), then before the Secretary commences actual
construction work in reach 4B (other than planning, design,
feasibility, or other preliminary measures) to expand
capacity to 4500 cubic feet per second to implement this
Settlement, Congress must have increased the applicable
authorization ceiling provided by this part in an amount at
least sufficient to cover the higher estimated Federal costs.
SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT
OF CONSTRUCTION COSTS.
(a) Conversion of Contracts.--
(1) The Secretary is authorized and directed to convert,
prior to December 31, 2010, all existing long-term contracts
with the following Friant Division, Hidden Unit, and Buchanan
Unit contractors, entered under subsection (e) of section 9
of the Act of August 4, 1939 (53 Stat. 1196), to contracts
under subsection (d) of section 9 of said Act (53 Stat.
1195), under mutually agreeable terms and conditions: Arvin-
Edison Water Storage District; Delano-Earlimart Irrigation
District; Exeter Irrigation District; Fresno Irrigation
District; Ivanhoe Irrigation District; Lindmore Irrigation
District; Lindsay-Strathmore Irrigation District; Lower Tule
River Irrigation District; Orange Cove Irrigation District;
Porterville Irrigation District; Saucelito Irrigation
District; Shafter-Wasco Irrigation District; Southern San
Joaquin Municipal Utility District; Stone Corral Irrigation
District; Tea Pot Dome Water District; Terra Bella Irrigation
District; Tulare Irrigation District; Madera Irrigation
District; and Chowchilla Water District. Upon request of the
contractor, the Secretary is authorized to convert, prior to
December 31, 2010, other existing long-term contracts with
Friant Division contractors entered under subsection (e) of
section 9 of the Act of August 4, 1939 (53 Stat. 1196), to
contracts under subsection (d) of section 9 of said Act (53
Stat. 1195), under mutually agreeable terms and conditions.
(2) Upon request of the contractor, the Secretary is
further authorized to convert, prior to December 31, 2010,
any existing Friant Division long-term contract entered under
subsection (c)(2) of section 9 of the Act of August 4, 1939
(53 Stat. 1194), to a contract under subsection (c)(1) of
section 9 of said Act, under mutually agreeable terms and
conditions.
(3) All such contracts entered into pursuant to paragraph
(1) shall--
(A) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of
construction costs identified in the Central Valley Project
Schedule of Irrigation Capital Rates by Contractor 2007
Irrigation Water Rates, dated January 25, 2007, as adjusted
to reflect payments not reflected in such schedule, and
properly assignable for ultimate return by the contractor, no
later than January 31, 2011, or if made in approximately
equal annual installments, no later than January 31, 2014;
such amount to be discounted by \1/2\ the Treasury Rate. An
estimate of the remaining amount of construction costs as of
January 31, 2011, as adjusted, shall be provided by the
Secretary to each contractor no later than June 30, 2010;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other
[[Page 7039]]
capitalized costs incurred after the effective date of the
contract or not reflected in the schedule referenced in
subparagraph (A), and properly assignable to such contractor,
shall be repaid in not more than 5 years after notification
of the allocation if such amount is a result of a collective
annual allocation of capital costs to the contractors
exercising contract conversions under this subsection of less
than $5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
Reclamation law, provided that the reference to the amount of
$5,000,000 shall not be a precedent in any other context;
(C) provide that power revenues will not be available to
aid in repayment of construction costs allocated to
irrigation under the contract; and
(D) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(4) All such contracts entered into pursuant to paragraph
(2) shall--
(A) require the repayment in lump sum of the remaining
amount of construction costs identified in the most current
version of the Central Valley Project Schedule of Municipal
and Industrial Water Rates, as adjusted to reflect payments
not reflected in such schedule, and properly assignable for
ultimate return by the contractor, no later than January 31,
2014. An estimate of the remaining amount of construction
costs as of January 31, 2014, as adjusted, shall be provided
by the Secretary to each contractor no later than June 30,
2013;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
schedule referenced in subparagraph (A), and properly
assignable to such contractor, shall be repaid in not more
than 5 years after notification of the allocation if such
amount is a result of a collective annual allocation of
capital costs to the contractors exercising contract
conversions under this subsection of less than $5,000,000. If
such amount is $5,000,000 or greater, such cost shall be
repaid as provided by applicable Reclamation law, provided
that the reference to the amount of $5,000,000 shall not be a
precedent in any other context; and
(C) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(b) Final Adjustment.--The amounts paid pursuant to
subsection (a) shall be subject to adjustment following a
final cost allocation by the Secretary upon completion of the
construction of the Central Valley Project. In the event that
the final cost allocation indicates that the costs properly
assignable to the contractor are greater than what has been
paid by the contractor, the contractor shall be obligated to
pay the remaining allocated costs. The term of such
additional repayment contract shall be no less than 1 year
and no more than 10 years, however, mutually agreeable
provisions regarding the rate of repayment of such amount may
be developed by the parties. In the event that the final cost
allocation indicates that the costs properly assignable to
the contractor are less than what the contractor has paid,
the Secretary is authorized and directed to credit such
overpayment as an offset against any outstanding or future
obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Notwithstanding any repayment obligation under
subsection (a)(3)(B) or subsection (b), upon a contractor's
compliance with and discharge of the obligation of repayment
of the construction costs as provided in subsection
(a)(3)(A), the provisions of section 213(a) and (b) of the
Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to
lands in such district.
(2) Notwithstanding any repayment obligation under
paragraph (3)(B) or (4)(B) of subsection (a), or subsection
(b), upon a contractor's compliance with and discharge of the
obligation of repayment of the construction costs as provided
in paragraphs (3)(A) and (4)(A) of subsection (a), the
Secretary shall waive the pricing provisions of section
3405(d) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575) for such
contractor, provided that such contractor shall continue to
pay applicable operation and maintenance costs and other
charges applicable to such repayment contracts pursuant to
the then-current rate-setting policy and applicable law.
(3) Provisions of the Settlement applying to Friant
Division, Hidden Unit, and Buchanan Unit long-term water
service contracts shall also apply to contracts executed
pursuant to this section.
(d) Reduction of Charge for Those Contracts Converted
Pursuant to Subsection (a)(1).--
(1) At the time all payments by the contractor required by
subsection (a)(3)(A) have been completed, the Secretary shall
reduce the charge mandated in section 10007(1) of this part,
from 2020 through 2039, to offset the financing costs as
defined in section 10010(d)(3). The reduction shall be
calculated at the time all payments by the contractor
required by subsection (a)(3)(A) have been completed. The
calculation shall remain fixed from 2020 through 2039 and
shall be based upon anticipated average annual water
deliveries, as mutually agreed upon by the Secretary and the
contractor, for the period from 2020 through 2039, and the
amounts of such reductions shall be discounted using the
Treasury Rate; provided, that such charge shall not be
reduced to less than $4.00 per acre foot of project water
delivered; provided further, that such reduction shall be
implemented annually unless the Secretary determines, based
on the availability of other monies, that the charges
mandated in section 10007(1) are otherwise needed to cover
ongoing federal costs of the Settlement, including any
federal operation and maintenance costs of facilities that
the Secretary determines are needed to implement the
Settlement. If the Secretary determines that such charges are
necessary to cover such ongoing federal costs, the Secretary
shall, instead of making the reduction in such charges,
reduce the contractor's operation and maintenance obligation
by an equivalent amount, and such amount shall not be
recovered by the United States from any Central Valley
Project contractor, provided nothing herein shall affect the
obligation of the contractor to make payments pursuant to a
transfer agreement with a non-federal operating entity.
(2) If the calculated reduction in paragraph (1), taking
into consideration the minimum amount required, does not
result in the contractor offsetting its financing costs, the
Secretary is authorized and directed to reduce, after October
1, 2019, any outstanding or future obligations of the
contractor to the Bureau of Reclamation, other than the
charge assessed and collected under section 3407(d) of Public
law 102-575, by the amount of such deficiency, with such
amount indexed to 2020 using the Treasury Rate and such
amount shall not be recovered by the United States from any
Central Valley Project contractor, provided nothing herein
shall affect the obligation of the contractor to make
payments pursuant to a transfer agreement with a non-Federal
operating entity.
(3) Financing costs, for the purposes of this subsection,
shall be computed as the difference of the net present value
of the construction cost identified in subsection (a)(3)(A)
using the full Treasury Rate as compared to using one half of
the Treasury Rate and applying those rates against a
calculated average annual capital repayment through 2030.
(4) Effective in 2040, the charge shall revert to the
amount called for in section 10007(1) of this part.
(5) For purposes of this section, ``Treasury Rate'' shall
be defined as the 20 year Constant Maturity Treasury (CMT)
rate published by the United States Department of the
Treasury as of October 1, 2010.
(e) Satisfaction of Certain Provisions.--
(1) In general.--Upon the first release of Interim Flows or
Restoration Flows, pursuant to paragraphs 13 or 15 of the
Settlement, any short- or long-term agreement, to which 1 or
more long-term Friant Division, Hidden Unit, or Buchanan Unit
contractor that converts its contract pursuant to subsection
(a) is a party, providing for the transfer or exchange of
water not released as Interim Flows or Restoration Flows
shall be deemed to satisfy the provisions of subsection
3405(a)(1)(A) and (I) of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575)
without the further concurrence of the Secretary as to
compliance with said subsections if the contractor provides,
not later than 90 days before commencement of any such
transfer or exchange for a period in excess of 1 year, and
not later than 30 days before commencement of any proposed
transfer or exchange with duration of less than 1 year,
written notice to the Secretary stating how the proposed
transfer or exchange is intended to reduce, avoid, or
mitigate impacts to water deliveries caused by the Interim
Flows or Restoration Flows or is intended to otherwise
facilitate the Water Management Goal, as described in the
Settlement. The Secretary shall promptly make such notice
publicly available.
(2) Determination of reductions to water deliveries.--Water
transferred or exchanged under an agreement that meets the
terms of this subsection shall not be counted as a
replacement or an offset for purposes of determining
reductions to water deliveries to any Friant Division long-
term contractor except as provided in paragraph 16(b) of the
Settlement. The Secretary shall, at least annually, make
publicly available a compilation of the number of transfer or
exchange agreements exercising the provisions of this
subsection to reduce, avoid, or mitigate impacts to water
deliveries caused by the Interim Flows or Restoration Flows
or to facilitate the Water Management Goal, as well as the
volume of water transferred or exchanged under such
agreements.
(3) State law.--Nothing in this subsection alters State law
or permit conditions, including any applicable geographical
restrictions on the place of use of water transferred or
exchanged pursuant to this subsection.
(f) Certain Repayment Obligations Not Altered.--
Implementation of the provisions of this section shall not
alter the repayment obligation of any other long-term water
[[Page 7040]]
service or repayment contractor receiving water from the
Central Valley Project, or shift any costs that would
otherwise have been properly assignable to the Friant
contractors absent this section, including operations and
maintenance costs, construction costs, or other capitalized
costs incurred after the date of enactment of this Act, to
other such contractors.
(g) Statutory Interpretation.--Nothing in this part shall
be construed to affect the right of any Friant Division,
Hidden Unit, or Buchanan Unit long-term contractor to use a
particular type of financing to make the payments required in
paragraph (3)(A) or (4)(A) of subsection (a).
SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK
SALMON.
(a) Finding.--Congress finds that the implementation of the
Settlement to resolve 18 years of contentious litigation
regarding restoration of the San Joaquin River and the
reintroduction of the California Central Valley Spring Run
Chinook salmon is a unique and unprecedented circumstance
that requires clear expressions of Congressional intent
regarding how the provisions of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) are utilized to achieve the
goals of restoration of the San Joaquin River and the
successful reintroduction of California Central Valley Spring
Run Chinook salmon.
(b) Reintroduction in the San Joaquin River.--California
Central Valley Spring Run Chinook salmon shall be
reintroduced in the San Joaquin River below Friant Dam
pursuant to section 10(j) of the Endangered Species Act of
1973 (16 U.S.C. 1539(j)) and the Settlement, provided that
the Secretary of Commerce finds that a permit for the
reintroduction of California Central Valley Spring Run
Chinook salmon may be issued pursuant to section 10(a)(1)(A)
of the Endangered Species Act of 1973 (16 U.S.C.
1539(a)(1)(A)).
(c) Final Rule.--
(1) Definition of third party.--For the purpose of this
subsection, the term ``third party'' means persons or
entities diverting or receiving water pursuant to applicable
State and Federal laws and shall include Central Valley
Project contractors outside of the Friant Division of the
Central Valley Project and the State Water Project.
(2) Issuance.--The Secretary of Commerce shall issue a
final rule pursuant to section 4(d) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take
of reintroduced California Central Valley Spring Run Chinook
salmon prior to the reintroduction.
(3) Required components.--The rule issued under paragraph
(2) shall provide that the reintroduction will not impose
more than de minimus: water supply reductions, additional
storage releases, or bypass flows on unwilling third parties
due to such reintroduction.
(4) Applicable law.--Nothing in this section--
(A) diminishes the statutory or regulatory protections
provided in the Endangered Species Act of 1973 for any
species listed pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) other than the
reintroduced population of California Central Valley Spring
Run Chinook salmon, including protections pursuant to
existing biological opinions or new biological opinions
issued by the Secretary or Secretary of Commerce; or
(B) precludes the Secretary or Secretary of Commerce from
imposing protections under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) for other species listed pursuant to
section 4 of that Act (16 U.S.C. 1533) because those
protections provide incidental benefits to such reintroduced
California Central Valley Spring Run Chinook salmon.
(d) Report.--
(1) In general.--Not later than December 31, 2024, the
Secretary of Commerce shall report to Congress on the
progress made on the reintroduction set forth in this section
and the Secretary's plans for future implementation of this
section.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) an assessment of the major challenges, if any, to
successful reintroduction;
(B) an evaluation of the effect, if any, of the
reintroduction on the existing population of California
Central Valley Spring Run Chinook salmon existing on the
Sacramento River or its tributaries; and
(C) an assessment regarding the future of the
reintroduction.
(e) FERC Projects.--
(1) In general.--With regard to California Central Valley
Spring Run Chinook salmon reintroduced pursuant to the
Settlement, the Secretary of Commerce shall exercise its
authority under section 18 of the Federal Power Act (16
U.S.C. 811) by reserving its right to file prescriptions in
proceedings for projects licensed by the Federal Energy
Regulatory Commission on the Calaveras, Stanislaus, Tuolumne,
Merced, and San Joaquin rivers and otherwise consistent with
subsection (c) until after the expiration of the term of the
Settlement, December 31, 2025, or the expiration of the
designation made pursuant to subsection (b), whichever ends
first.
(2) Effect of subsection.--Nothing in this subsection shall
preclude the Secretary of Commerce from imposing
prescriptions pursuant to section 18 of the Federal Power Act
(16 U.S.C. 811) solely for other anadromous fish species
because those prescriptions provide incidental benefits to
such reintroduced California Central Valley Spring Run
Chinook salmon.
(f) Effect of Section.--Nothing in this section is intended
or shall be construed--
(1) to modify the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et
seq.); or
(2) to establish a precedent with respect to any other
application of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et
seq.).
PART II--STUDY TO DEVELOP WATER PLAN; REPORT
SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT.
(a) Plan.--
(1) Grant.--To the extent that funds are made available in
advance for this purpose, the Secretary of the Interior,
acting through the Bureau of Reclamation, shall provide
direct financial assistance to the California Water
Institute, located at California State University, Fresno,
California, to conduct a study regarding the coordination and
integration of sub-regional integrated regional water
management plans into a unified Integrated Regional Water
Management Plan for the subject counties in the hydrologic
basins that would address issues related to--
(A) water quality;
(B) water supply (both surface, ground water banking, and
brackish water desalination);
(C) water conveyance;
(D) water reliability;
(E) water conservation and efficient use (by distribution
systems and by end users);
(F) flood control;
(G) water resource-related environmental enhancement; and
(H) population growth.
(2) Study area.--The study area referred to in paragraph
(1) is the proposed study area of the San Joaquin River
Hydrologic Region and Tulare Lake Hydrologic Region, as
defined by California Department of Water Resources Bulletin
160-05, volume 3, chapters 7 and 8, including Kern, Tulare,
Kings, Fresno, Madera, Merced, Stanislaus, and San Joaquin
counties in California.
(b) Use of Plan.--The Integrated Regional Water Management
Plan developed for the 2 hydrologic basins under subsection
(a) shall serve as a guide for the counties in the study area
described in subsection (a)(2) to use as a mechanism to
address and solve long-term water needs in a sustainable and
equitable manner.
(c) Report.--The Secretary shall ensure that a report
containing the results of the Integrated Regional Water
Management Plan for the hydrologic regions is submitted to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives not later than 24 months after financial
assistance is made available to the California Water
Institute under subsection (a)(1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 to
remain available until expended.
PART III--FRIANT DIVISION IMPROVEMENTS
SEC. 10201. FEDERAL FACILITY IMPROVEMENTS.
(a) The Secretary of the Interior (hereafter referred to as
the ``Secretary'') is authorized and directed to conduct
feasibility studies in coordination with appropriate Federal,
State, regional, and local authorities on the following
improvements and facilities in the Friant Division, Central
Valley Project, California:
(1) Restoration of the capacity of the Friant-Kern Canal
and Madera Canal to such capacity as previously designed and
constructed by the Bureau of Reclamation.
(2) Reverse flow pump-back facilities on the Friant-Kern
Canal, with reverse-flow capacity of approximately 500 cubic
feet per second at the Poso and Shafter Check Structures and
approximately 300 cubic feet per second at the Woollomes
Check Structure.
(b) Upon completion of and consistent with the applicable
feasibility studies, the Secretary is authorized to construct
the improvements and facilities identified in subsection (a)
in accordance with all applicable Federal and State laws.
(c) The costs of implementing this section shall be in
accordance with section 10203, and shall be a nonreimbursable
Federal expenditure.
SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.
(a) Authorization.--The Secretary is authorized to provide
financial assistance to local agencies within the Central
Valley Project, California, for the planning, design,
environmental compliance, and construction of local
facilities to bank water underground or to recharge
groundwater, and that recover such water, provided that the
project meets the criteria in subsection (b). The Secretary
is further authorized to require that any such local agency
receiving financial assistance under the terms of this
section submit progress reports and accountings to the
Secretary, as the Secretary deems appropriate, which such
reports shall be publicly available.
[[Page 7041]]
(b) Criteria.--
(1) A project shall be eligible for Federal financial
assistance under subsection (a) only if all or a portion of
the project is designed to reduce, avoid, or offset the
quantity of the expected water supply impacts to Friant
Division long-term contractors caused by the Interim or
Restoration Flows authorized in part I of this subtitle, and
such quantities have not already been reduced, avoided, or
offset by other programs or projects.
(2) Federal financial assistance shall only apply to the
portion of a project that the local agency designates as
reducing, avoiding, or offsetting the expected water supply
impacts caused by the Interim or Restoration Flows authorized
in part I of this subtitle, consistent with the methodology
developed pursuant to paragraph (3)(C).
(3) No Federal financial assistance shall be provided by
the Secretary under this part for construction of a project
under subsection (a) unless the Secretary--
(A) determines that appropriate planning, design, and
environmental compliance activities associated with such a
project have been completed, and that the Secretary has been
offered the opportunity to participate in the project at a
price that is no higher than the local agency's own costs, in
order to secure necessary storage, extraction, and conveyance
rights for water that may be needed to meet the Restoration
Goal as described in part I of this subtitle, where such
project has capacity beyond that designated for the purposes
in paragraph (2) or where it is feasible to expand such
project to allow participation by the Secretary;
(B) determines, based on information available at the time,
that the local agency has the financial capability and
willingness to fund its share of the project's construction
and all operation and maintenance costs on an annual basis;
(C) determines that a method acceptable to the Secretary
has been developed for quantifying the benefit, in terms of
reduction, avoidance, or offset of the water supply impacts
expected to be caused by the Interim or Restoration Flows
authorized in part I of this subtitle, that will result from
the project, and for ensuring appropriate adjustment in the
recovered water account pursuant to section 10004(a)(5); and
(D) has entered into a cost-sharing agreement with the
local agency which commits the local agency to funding its
share of the project's construction costs on an annual basis.
(c) Guidelines.--Within 1 year from the date of enactment
of this part, the Secretary shall develop, in consultation
with the Friant Division long-term contractors, proposed
guidelines for the application of the criteria defined in
subsection (b), and will make the proposed guidelines
available for public comment. Such guidelines may consider
prioritizing the distribution of available funds to projects
that provide the broadest benefit within the affected area
and the equitable allocation of funds. Upon adoption of such
guidelines, the Secretary shall implement such assistance
program, subject to the availability of funds appropriated
for such purpose.
(d) Cost Sharing.--The Federal financial assistance
provided to local agencies under subsection (a) shall not
exceed--
(1) 50 percent of the costs associated with planning,
design, and environmental compliance activities associated
with such a project; and
(2) 50 percent of the costs associated with construction of
any such project.
(e) Project Ownership.--
(1) Title to, control over, and operation of, projects
funded under subsection (a) shall remain in one or more non-
Federal local agencies. Nothing in this part authorizes the
Secretary to operate a groundwater bank along or adjacent to
the San Joaquin River upstream of the confluence with the
Merced River, and any such groundwater bank shall be operated
by a non-Federal entity. All projects funded pursuant to this
subsection shall comply with all applicable Federal and State
laws, including provisions of California water law.
(2) All operation, maintenance, and replacement and
rehabilitation costs of such projects shall be the
responsibility of the local agency. The Secretary shall not
provide funding for any operation, maintenance, or
replacement and rehabilitation costs of projects funded under
subsection (a).
SEC. 10203. AUTHORIZATION OF APPROPRIATIONS.
(a) The Secretary is authorized and directed to use monies
from the fund established under section 10009 to carry out
the provisions of section 10201(a)(1), in an amount not to
exceed $35,000,000.
(b) In addition to the funds made available pursuant to
subsection (a), the Secretary is also authorized to expend
such additional funds from the fund established under section
10009 to carry out the purposes of section 10201(a)(2), if
such facilities have not already been authorized and funded
under the plan provided for pursuant to section 10004(a)(4),
in an amount not to exceed $17,000,000, provided that the
Secretary first determines that such expenditure will not
conflict with or delay his implementation of actions required
by part I of this subtitle. Notice of the Secretary's
determination shall be published not later than his
submission of the report to Congress required by section
10009(f)(2).
(c) In addition to funds made available in subsections (a)
and (b), there are authorized to be appropriated $50,000,000
(October 2008 price levels) to carry out the purposes of this
part which shall be non-reimbursable.
Subtitle B--Northwestern New Mexico Rural Water Projects
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ``Northwestern New Mexico
Rural Water Projects Act''.
SEC. 10302. DEFINITIONS.
In this subtitle:
(1) Aamodt adjudication.--The term ``Aamodt adjudication''
means the general stream adjudication that is the subject of
the civil action entitled ``State of New Mexico, ex rel.
State Engineer and United States of America, Pueblo de Nambe,
Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de
Tesuque v. R. Lee Aamodt, et al.'', No. 66 CV 6639 MV/LCS
(D.N.M.).
(2) Abeyta adjudication.--The term ``Abeyta adjudication''
means the general stream adjudication that is the subject of
the civil actions entitled ``State of New Mexico v. Abeyta
and State of New Mexico v. Arrellano'', Civil Nos. 7896-BB
(D.N.M) and 7939-BB (D.N.M.) (consolidated).
(3) Acre-feet.--The term ``acre-feet'' means acre-feet per
year.
(4) Agreement.--The term ``Agreement'' means the agreement
among the State of New Mexico, the Nation, and the United
States setting forth a stipulated and binding agreement
signed by the State of New Mexico and the Nation on April 19,
2005.
(5) Allottee.--The term ``allottee'' means a person that
holds a beneficial real property interest in a Navajo
allotment that--
(A) is located within the Navajo Reservation or the State
of New Mexico;
(B) is held in trust by the United States; and
(C) was originally granted to an individual member of the
Nation by public land order or otherwise.
(6) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given the term in section 3 of
Public Law 100-585 (102 Stat. 2973), including Ridges Basin
Dam, Lake Nighthorse, the Navajo Nation Municipal Pipeline,
and any other features or modifications made pursuant to the
Colorado Ute Settlement Act Amendments of 2000 (Public Law
106-554; 114 Stat. 2763A-258).
(7) City.--The term ``City'' means the city of Gallup, New
Mexico, or a designee of the City, with authority to provide
water to the Gallup, New Mexico service area.
(8) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922 as
approved by Congress in the Act of December 21, 1928 (45
Stat. 1057) and by the Presidential Proclamation of June 25,
1929 (46 Stat. 3000).
(9) Colorado river system.--The term ``Colorado River
System'' has the same meaning given the term in Article II(a)
of the Colorado River Compact.
(10) Compact.--The term ``Compact'' means the Upper
Colorado River Basin Compact as consented to by the Act of
April 6, 1949 (63 Stat. 31, chapter 48).
(11) Contract.--The term ``Contract'' means the contract
between the United States and the Nation setting forth
certain commitments, rights, and obligations of the United
States and the Nation, as described in paragraph 6.0 of the
Agreement.
(12) Depletion.--The term ``depletion'' means the depletion
of the flow of the San Juan River stream system in the State
of New Mexico by a particular use of water (including any
depletion incident to the use) and represents the diversion
from the stream system by the use, less return flows to the
stream system from the use.
(13) Draft impact statement.--The term ``Draft Impact
Statement'' means the draft environmental impact statement
prepared by the Bureau of Reclamation for the Project dated
March 2007.
(14) Fund.--The term ``Fund'' means the Reclamation Waters
Settlements Fund established by section 10501(a).
(15) Hydrologic determination.--The term ``hydrologic
determination'' means the hydrologic determination entitled
``Water Availability from Navajo Reservoir and the Upper
Colorado River Basin for Use in New Mexico,'' prepared by the
Bureau of Reclamation pursuant to section 11 of the Act of
June 13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May
23, 2007.
(16) Lower basin.--The term ``Lower Basin'' has the same
meaning given the term in Article II(g) of the Colorado River
Compact.
(17) Nation.--The term ``Nation'' means the Navajo Nation,
a body politic and federally-recognized Indian nation as
provided for in section 101(2) of the Federally Recognized
Indian Tribe List of 1994 (25 U.S.C. 497a(2)), also known
variously as the ``Navajo Tribe,'' the ``Navajo Tribe of
Arizona, New Mexico & Utah,'' and the ``Navajo Tribe of
Indians'' and other similar names, and includes all bands of
Navajo Indians and chapters of the Navajo Nation.
(18) Navajo-gallup water supply project; project.--The term
``Navajo-Gallup Water Supply Project'' or ``Project''
[[Page 7042]]
means the Navajo-Gallup Water Supply Project authorized under
section 10602(a), as described as the preferred alternative
in the Draft Impact Statement.
(19) Navajo indian irrigation project.--The term ``Navajo
Indian Irrigation Project'' means the Navajo Indian
irrigation project authorized by section 2 of Public Law 87-
483 (76 Stat. 96).
(20) Navajo reservoir.--The term ``Navajo Reservoir'' means
the reservoir created by the impoundment of the San Juan
River at Navajo Dam, as authorized by the Act of April 11,
1956 (commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620 et seq.).
(21) Navajo nation municipal pipeline; pipeline.--The term
``Navajo Nation Municipal Pipeline'' or ``Pipeline'' means
the pipeline used to convey the water of the Animas-La Plata
Project of the Navajo Nation from the City of Farmington, New
Mexico, to communities of the Navajo Nation located in close
proximity to the San Juan River Valley in the State of New
Mexico (including the City of Shiprock), as authorized by
section 15(b) of the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973;
114 Stat. 2763A-263).
(22) Non-navajo irrigation districts.--The term ``Non-
Navajo Irrigation Districts'' means--
(A) the Hammond Conservancy District;
(B) the Bloomfield Irrigation District; and
(C) any other community ditch organization in the San Juan
River basin in the State of New Mexico.
(23) Partial final decree.--The term ``Partial Final
Decree'' means a final and binding judgment and decree
entered by a court in the stream adjudication, setting forth
the rights of the Nation to use and administer waters of the
San Juan River Basin in New Mexico, as set forth in Appendix
1 of the Agreement.
(24) Project participants.--The term ``Project
Participants'' means the City, the Nation, and the Jicarilla
Apache Nation.
(25) San juan river basin recovery implementation
program.--The term ``San Juan River Basin Recovery
Implementation Program'' means the intergovernmental program
established pursuant to the cooperative agreement dated
October 21, 1992 (including any amendments to the program).
(26) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation or any other designee.
(27) Stream adjudication.--The term ``stream adjudication''
means the general stream adjudication that is the subject of
New Mexico v. United States, et al., No. 75-185 (11th Jud.
Dist., San Juan County, New Mexico) (involving claims to
waters of the San Juan River and the tributaries of that
river).
(28) Supplemental partial final decree.--The term
``Supplemental Partial Final Decree'' means a final and
binding judgment and decree entered by a court in the stream
adjudication, setting forth certain water rights of the
Nation, as set forth in Appendix 2 of the Agreement.
(29) Trust fund.--The term ``Trust Fund'' means the Navajo
Nation Water Resources Development Trust Fund established by
section 10702(a).
(30) Upper basin.--The term ``Upper Basin'' has the same
meaning given the term in Article II(f) of the Colorado River
Compact.
SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Effect of Execution of Agreement.--The execution of the
Agreement under section 10701(a)(2) shall not constitute a
major Federal action under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Compliance With Environmental Laws.--In carrying out
this subtitle, the Secretary shall comply with each law of
the Federal Government relating to the protection of the
environment, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 10304. NO REALLOCATION OF COSTS.
(a) Effect of Act.--Notwithstanding any other provision of
law, the Secretary shall not reallocate or reassign any costs
of projects that have been authorized under the Act of April
11, 1956 (commonly known as the ``Colorado River Storage
Project Act'') (43 U.S.C. 620 et seq.), as of the date of
enactment of this Act because of--
(1) the authorization of the Navajo-Gallup Water Supply
Project under this subtitle; or
(2) the changes in the uses of the water diverted by the
Navajo Indian Irrigation Project or the waters stored in the
Navajo Reservoir authorized under this subtitle.
(b) Use of Power Revenues.--Notwithstanding any other
provision of law, no power revenues under the Act of April
11, 1956 (commonly known as the ``Colorado River Storage
Project Act'') (43 U.S.C. 620 et seq.), shall be used to pay
or reimburse any costs of the Navajo Indian Irrigation
Project or Navajo-Gallup Water Supply Project.
SEC. 10305. INTEREST RATE.
Notwithstanding any other provision of law, the interest
rate applicable to any repayment contract entered into under
section 10604 shall be equal to the discount rate for Federal
water resources planning, as determined by the Secretary.
PART I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC
LAW 87-483
SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT
ACT.
(a) Participating Projects.--Paragraph (2) of the first
section of the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620(2)) is
amended by inserting ``the Navajo-Gallup Water Supply
Project,'' after ``Fruitland Mesa,''.
(b) Navajo Reservoir Water Bank.--The Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') is amended--
(1) by redesignating section 16 (43 U.S.C. 620o) as section
17; and
(2) by inserting after section 15 (43 U.S.C. 620n) the
following:
``Sec. 16. (a) The Secretary of the Interior may create and
operate within the available capacity of Navajo Reservoir a
top water bank.
``(b) Water made available for the top water bank in
accordance with subsections (c) and (d) shall not be subject
to section 11 of Public Law 87-483 (76 Stat. 99).
``(c) The top water bank authorized under subsection (a)
shall be operated in a manner that--
``(1) is consistent with applicable law, except that,
notwithstanding any other provision of law, water for
purposes other than irrigation may be stored in the Navajo
Reservoir pursuant to the rules governing the top water bank
established under this section; and
``(2) does not impair the ability of the Secretary of the
Interior to deliver water under contracts entered into
under--
``(A) Public Law 87-483 (76 Stat. 96); and
``(B) New Mexico State Engineer File Nos. 2847, 2848, 2849,
and 2917.
``(d)(1) The Secretary of the Interior, in cooperation with
the State of New Mexico (acting through the Interstate Stream
Commission), shall develop any terms and procedures for the
storage, accounting, and release of water in the top water
bank that are necessary to comply with subsection (c).
``(2) The terms and procedures developed under paragraph
(1) shall include provisions requiring that--
``(A) the storage of banked water shall be subject to
approval under State law by the New Mexico State Engineer to
ensure that impairment of any existing water right does not
occur, including storage of water under New Mexico State
Engineer File No. 2849;
``(B) water in the top water bank be subject to evaporation
and other losses during storage;
``(C) water in the top water bank be released for delivery
to the owner or assigns of the banked water on request of the
owner, subject to reasonable scheduling requirements for
making the release;
``(D) water in the top water bank be the first water
spilled or released for flood control purposes in
anticipation of a spill, on the condition that top water bank
water shall not be released or included for purposes of
calculating whether a release should occur for purposes of
satisfying the flow recommendations of the San Juan River
Basin Recovery Implementation Program; and
``(E) water eligible for banking in the top water bank
shall be water that otherwise would have been diverted and
beneficially used in New Mexico that year.
``(e) The Secretary of the Interior may charge fees to
water users that use the top water bank in amounts sufficient
to cover the costs incurred by the United States in
administering the water bank.''.
SEC. 10402. AMENDMENTS TO PUBLIC LAW 87-483.
(a) Navajo Indian Irrigation Project.--Public Law 87-483
(76 Stat. 96) is amended by striking section 2 and inserting
the following:
``Sec. 2. (a) In accordance with the Act of April 11, 1956
(commonly known as the `Colorado River Storage Project Act')
(43 U.S.C. 620 et seq.), the Secretary of the Interior is
authorized to construct, operate, and maintain the Navajo
Indian Irrigation Project to provide irrigation water to a
service area of not more than 110,630 acres of land.
``(b)(1) Subject to paragraph (2), the average annual
diversion by the Navajo Indian Irrigation Project from the
Navajo Reservoir over any consecutive 10-year period shall be
the lesser of--
``(A) 508,000 acre-feet per year; or
``(B) the quantity of water necessary to supply an average
depletion of 270,000 acre-feet per year.
``(2) The quantity of water diverted for any 1 year shall
not exceed the average annual diversion determined under
paragraph (1) by more than 15 percent.
``(c) In addition to being used for irrigation, the water
diverted by the Navajo Indian Irrigation Project under
subsection (b) may be used within the area served by Navajo
Indian Irrigation Project facilities for the following
purposes:
``(1) Aquaculture purposes, including the rearing of fish
in support of the San Juan River Basin Recovery
Implementation Program authorized by Public Law 106-392 (114
Stat. 1602).
[[Page 7043]]
``(2) Domestic, industrial, or commercial purposes relating
to agricultural production and processing.
``(3)(A) The generation of hydroelectric power as an
incident to the diversion of water by the Navajo Indian
Irrigation Project for authorized purposes.
``(B) Notwithstanding any other provision of law--
``(i) any hydroelectric power generated under this
paragraph shall be used or marketed by the Navajo Nation;
``(ii) the Navajo Nation shall retain any revenues from the
sale of the hydroelectric power; and
``(iii) the United States shall have no trust obligation to
monitor, administer, or account for the revenues received by
the Navajo Nation, or the expenditure of the revenues.
``(4) The implementation of the alternate water source
provisions described in subparagraph 9.2 of the agreement
executed under section 10701(a)(2) of the Northwestern New
Mexico Rural Water Projects Act.
``(d) The Navajo Indian Irrigation Project water diverted
under subsection (b) may be transferred to areas located
within or outside the area served by Navajo Indian Irrigation
Project facilities, and within or outside the boundaries of
the Navajo Nation, for any beneficial use in accordance
with--
``(1) the agreement executed under section 10701(a)(2) of
the Northwestern New Mexico Rural Water Projects Act;
``(2) the contract executed under section 10604(a)(2)(B) of
that Act; and
``(3) any other applicable law.
``(e) The Secretary may use the capacity of the Navajo
Indian Irrigation Project works to convey water supplies
for--
``(1) the Navajo-Gallup Water Supply Project under section
10602 of the Northwestern New Mexico Rural Water Projects
Act; or
``(2) other nonirrigation purposes authorized under
subsection (c) or (d).
``(f)(1) Repayment of the costs of construction of the
project (as authorized in subsection (a)) shall be in
accordance with the Act of April 11, 1956 (commonly known as
the `Colorado River Storage Project Act') (43 U.S.C. 620 et
seq.), including section 4(d) of that Act.
``(2) The Secretary shall not reallocate, or require
repayment of, construction costs of the Navajo Indian
Irrigation Project because of the conveyance of water
supplies for nonirrigation purposes under subsection (e).''.
(b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-
483 (76 Stat. 100) is amended by adding at the end the
following:
``(d)(1) For purposes of implementing in a year of
prospective shortage the water allocation procedures
established by subsection (a), the Secretary of the Interior
shall determine the quantity of any shortages and the
appropriate apportionment of water using the normal diversion
requirements on the flow of the San Juan River originating
above Navajo Dam based on the following criteria:
``(A) The quantity of diversion or water delivery for the
current year anticipated to be necessary to irrigate land in
accordance with cropping plans prepared by contractors.
``(B) The annual diversion or water delivery demands for
the current year anticipated for non-irrigation uses under
water delivery contracts, including contracts authorized by
the Northwestern New Mexico Rural Water Projects Act, but
excluding any current demand for surface water for placement
into aquifer storage for future recovery and use.
``(C) An annual normal diversion demand of 135,000 acre-
feet for the initial stage of the San Juan-Chama Project
authorized by section 8, which shall be the amount to which
any shortage is applied.
``(2) The Secretary shall not include in the normal
diversion requirements--
``(A) the quantity of water that reliably can be
anticipated to be diverted or delivered under a contract from
inflows to the San Juan River arising below Navajo Dam under
New Mexico State Engineer File No. 3215; or
``(B) the quantity of water anticipated to be supplied
through reuse.
``(e)(1) If the Secretary determines that there is a
shortage of water under subsection (a), the Secretary shall
respond to the shortage in the Navajo Reservoir water supply
by curtailing releases and deliveries in the following order:
``(A) The demand for delivery for uses in the State of
Arizona under the Navajo-Gallup Water Supply Project
authorized by section 10603 of the Northwestern New Mexico
Rural Water Projects Act, excluding the quantity of water
anticipated to be diverted for the uses from inflows to the
San Juan River that arise below Navajo Dam in accordance with
New Mexico State Engineer File No. 3215.
``(B) The demand for delivery for uses allocated under
paragraph 8.2 of the agreement executed under section
10701(a)(2) of the Northwestern New Mexico Rural Water
Projects Act, excluding the quantity of water anticipated to
be diverted for such uses under State Engineer File No. 3215.
``(C) The uses in the State of New Mexico that are
determined under subsection (d), in accordance with the
procedure for apportioning the water supply under subsection
(a).
``(2) For any year for which the Secretary determines and
responds to a shortage in the Navajo Reservoir water supply,
the Secretary shall not deliver, and contractors of the water
supply shall not divert, any of the water supply for
placement into aquifer storage for future recovery and use.
``(3) To determine the occurrence and amount of any
shortage to contracts entered into under this section, the
Secretary shall not include as available storage any water
stored in a top water bank in Navajo Reservoir established
under section 16(a) of the Act of April 11, 1956 (commonly
known as the `Colorado River Storage Project Act').
``(f) The Secretary of the Interior shall apportion water
under subsections (a), (d), and (e) on an annual volume
basis.
``(g) The Secretary of the Interior may revise a
determination of shortages, apportionments, or allocations of
water under subsections (a), (d), and (e) on the basis of
information relating to water supply conditions that was not
available at the time at which the determination was made.
``(h) Nothing in this section prohibits the distribution of
water in accordance with cooperative water agreements between
water users providing for a sharing of water supplies.
``(i) Diversions under New Mexico State Engineer File No.
3215 shall be distributed, to the maximum extent water is
available, in proportionate amounts to the diversion demands
of contractors and subcontractors of the Navajo Reservoir
water supply that are diverting water below Navajo Dam.''.
SEC. 10403. EFFECT ON FEDERAL WATER LAW.
Unless expressly provided in this subtitle, nothing in this
subtitle modifies, conflicts with, preempts, or otherwise
affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat.
774, chapter 643);
(3) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(4) the Act of September 30, 1968 (commonly known as the
``Colorado River Basin Project Act'') (82 Stat. 885);
(5) Public Law 87-483 (76 Stat. 96);
(6) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington
February 3, 1944 (59 Stat. 1219);
(7) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(8) the Compact;
(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
(10) the Jicarilla Apache Tribe Water Rights Settlement Act
(106 Stat. 2237); or
(11) section 205 of the Energy and Water Development
Appropriations Act, 2005 (118 Stat. 2949).
PART II--RECLAMATION WATER SETTLEMENTS FUND
SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Reclamation
Water Settlements Fund'', consisting of--
(1) such amounts as are deposited to the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) Deposits to Fund.--
(1) In general.--For each of fiscal years 2020 through
2029, the Secretary of the Treasury shall deposit in the
Fund, if available, $120,000,000 of the revenues that would
otherwise be deposited for the fiscal year in the fund
established by the first section of the Act of June 17, 1902
(32 Stat. 388, chapter 1093).
(2) Availability of amounts.--Amounts deposited in the Fund
under paragraph (1) shall be made available pursuant to this
section--
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to any
authorization contained in any other provision of law.
(c) Expenditures From Fund.--
(1) In general.--
(A) Expenditures.--Subject to subparagraph (B), for each of
fiscal years 2020 through 2034, the Secretary may expend from
the Fund an amount not to exceed $120,000,000, plus the
interest accrued in the Fund, for the fiscal year in which
expenditures are made pursuant to paragraphs (2) and (3).
(B) Additional expenditures.--The Secretary may expend more
than $120,000,000 for any fiscal year if such amounts are
available in the Fund due to expenditures not reaching
$120,000,000 for prior fiscal years.
(2) Authority.--The Secretary may expend money from the
Fund to implement a settlement agreement approved by Congress
that resolves, in whole or in part, litigation involving the
United States, if the settlement agreement or implementing
legislation requires the Bureau of Reclamation to provide
financial assistance for, or plan, design, and construct--
(A) water supply infrastructure; or
(B) a project--
(i) to rehabilitate a water delivery system to conserve
water; or
(ii) to restore fish and wildlife habitat or otherwise
improve environmental conditions associated with or affected
by, or located
[[Page 7044]]
within the same river basin as, a Federal reclamation project
that is in existence on the date of enactment of this Act.
(3) Use for completion of project and other settlements.--
(A) Priorities.--
(i) First priority.--
(I) In general.--The first priority for expenditure of
amounts in the Fund during the entire period in which the
Fund is in existence shall be for the purposes described in,
and in the order of, clauses (i) through (iv) of subparagraph
(B).
(II) Reserved amounts.--The Secretary shall reserve and use
amounts deposited into the Fund in accordance with subclause
(I).
(ii) Other purposes.--Any amounts in the Fund that are not
needed for the purposes described in subparagraph (B) may be
used for other purposes authorized in paragraph (2).
(B) Completion of project.--
(i) Navajo-gallup water supply project.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, if, in the judgment of the
Secretary on an annual basis the deadline described in
section 10701(f)(1)(A)(ix) is unlikely to be met because a
sufficient amount of funding is not otherwise available
through appropriations made available pursuant to section
10609(a), the Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs (1) and
(2), as are necessary to pay the Federal share of the costs,
and substantially complete as expeditiously as practicable,
the construction of the water supply infrastructure
authorized as part of the Project.
(II) Maximum amount.--
(aa) In general.--Except as provided under item (bb), the
amount expended under subclause (I) shall not exceed
$500,000,000 for the period of fiscal years 2020 through
2029.
(bb) Exception.--The limitation on the expenditure amount
under item (aa) may be exceeded during the entire period in
which the Fund is in existence if such additional funds can
be expended without limiting the amounts identified in
clauses (ii) through (iv).
(ii) Other new mexico settlements.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, in addition to the funding made
available under clause (i), if in the judgment of the
Secretary on an annual basis a sufficient amount of funding
is not otherwise available through annual appropriations, the
Secretary shall expend from the Fund such amounts on an
annual basis consistent with paragraphs (1) and (2), as are
necessary to pay the Federal share of the remaining costs of
implementing the Indian water rights settlement agreements
entered into by the State of New Mexico in the Aamodt
adjudication and the Abeyta adjudication, if such settlements
are subsequently approved and authorized by an Act of
Congress and the implementation period has not already
expired.
(II) Maximum amount.--The amount expended under subclause
(I) shall not exceed $250,000,000.
(iii) Montana settlements.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, in addition to funding made
available pursuant to clauses (i) and (ii), if in the
judgment of the Secretary on an annual basis a sufficient
amount of funding is not otherwise available through annual
appropriations, the Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs (1) and
(2), as are necessary to pay the Federal share of the
remaining costs of implementing Indian water rights
settlement agreements entered into by the State of Montana
with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre
and Assiniboine Tribes of the Fort Belknap Indian Reservation
in the judicial proceeding entitled ``In re the General
Adjudication of All the Rights to Use Surface and Groundwater
in the State of Montana'', if a settlement or settlements are
subsequently approved and authorized by an Act of Congress
and the implementation period has not already expired.
(II) Maximum amount.--
(aa) In general.--Except as provided under item (bb), the
amount expended under subclause (I) shall not exceed
$350,000,000 for the period of fiscal years 2020 through
2029.
(bb) Exception.--The limitation on the expenditure amount
under item (aa) may be exceeded during the entire period in
which the Fund is in existence if such additional funds can
be expended without limiting the amounts identified in clause
(i), (ii), and (iv).
(cc) Other funding.--The Secretary shall ensure that any
funding under this clause shall be provided in a manner that
does not limit the funding available pursuant to clauses (i)
and (ii).
(iv) Arizona settlement.--
(I) In general.--Subject to subclause (II), effective
beginning January 1, 2020, in addition to funding made
available pursuant to clauses (i), (ii), and (iii), if in the
judgment of the Secretary on an annual basis a sufficient
amount of funding is not otherwise available through annual
appropriations, the Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs (1) and
(2), as are necessary to pay the Federal share of the
remaining costs of implementing an Indian water rights
settlement agreement entered into by the State of Arizona
with the Navajo Nation to resolve the water rights claims of
the Nation in the Lower Colorado River basin in Arizona, if a
settlement is subsequently approved and authorized by an Act
of Congress and the implementation period has not already
expired.
(II) Maximum amount.--
(aa) In general.--Except as provided under item (bb), the
amount expended under subclause (I) shall not exceed
$100,000,000 for the period of fiscal years 2020 through
2029.
(bb) Exception.--The limitation on the expenditure amount
under item (aa) may be exceeded during the entire period in
which the Fund is in existence if such additional funds can
be expended without limiting the amounts identified in
clauses (i) through (iii).
(cc) Other funding.--The Secretary shall ensure that any
funding under this clause shall be provided in a manner that
does not limit the funding available pursuant to clauses (i)
and (ii).
(C) Reversion.--If the settlements described in clauses
(ii) through (iv) of subparagraph (B) have not been approved
and authorized by an Act of Congress by December 31, 2019,
the amounts reserved for the settlements shall no longer be
reserved by the Secretary pursuant to subparagraph (A)(i) and
shall revert to the Fund for any authorized use, as
determined by the Secretary.
(d) Investment of Amounts.--
(1) In general.--The Secretary shall invest such portion of
the Fund as is not, in the judgment of the Secretary,
required to meet current withdrawals.
(2) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
(f) Termination.--On September 30, 2034--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the appropriate fund of the Treasury.
PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT
SEC. 10601. PURPOSES.
The purposes of this part are--
(1) to authorize the Secretary to construct, operate, and
maintain the Navajo-Gallup Water Supply Project;
(2) to allocate the capacity of the Project among the
Nation, the City, and the Jicarilla Apache Nation; and
(3) to authorize the Secretary to enter into Project
repayment contracts with the City and the Jicarilla Apache
Nation.
SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY
PROJECT.
(a) In General.--The Secretary, acting through the
Commissioner of Reclamation, is authorized to design,
construct, operate, and maintain the Project in substantial
accordance with the preferred alternative in the Draft Impact
Statement.
(b) Project Facilities.--To provide for the delivery of San
Juan River water to Project Participants, the Secretary may
construct, operate, and maintain the Project facilities
described in the preferred alternative in the Draft Impact
Statement, including:
(1) A pumping plant on the San Juan River in the vicinity
of Kirtland, New Mexico.
(2)(A) A main pipeline from the San Juan River near
Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup,
New Mexico, which follows United States Highway 491.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino,
New Mexico, which follows United States Highway 550.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(4)(A) Lateral pipelines from the main pipelines to Nation
communities in the States of New Mexico and Arizona.
(B) Any pumping plants associated with the pipelines
authorized under subparagraph (A).
(5) Any water regulation, storage or treatment facility,
service connection to an existing public water supply system,
power substation, power distribution works, or other
appurtenant works (including a building or access road) that
is related to the Project facilities authorized by paragraphs
(1) through (4), including power transmission facilities and
associated wheeling services to connect Project facilities to
existing high-voltage transmission facilities and deliver
power to the Project.
(c) Acquisition of Land.--
(1) In general.--The Secretary is authorized to acquire any
land or interest in land that is necessary to construct,
operate, and maintain the Project facilities authorized under
subsection (b).
[[Page 7045]]
(2) Land of the project participants.--As a condition of
construction of the facilities authorized under this part,
the Project Participants shall provide all land or interest
in land, as appropriate, that the Secretary identifies as
necessary for acquisition under this subsection at no cost to
the Secretary.
(3) Limitation.--The Secretary may not condemn water rights
for purposes of the Project.
(d) Conditions.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall not commence construction of the facilities
authorized under subsection (b) until such time as--
(A) the Secretary executes the Agreement and the Contract;
(B) the contracts authorized under section 10604 are
executed;
(C) the Secretary--
(i) completes an environmental impact statement for the
Project; and
(ii) has issued a record of decision that provides for a
preferred alternative; and
(D) the Secretary has entered into an agreement with the
State of New Mexico under which the State of New Mexico will
provide a share of the construction costs of the Project of
not less than $50,000,000, except that the State of New
Mexico shall receive credit for funds the State has
contributed to construct water conveyance facilities to the
Project Participants to the extent that the facilities reduce
the cost of the Project as estimated in the Draft Impact
Statement.
(2) Exception.--If the Jicarilla Apache Nation elects not
to enter into a contract pursuant to section 10604, the
Secretary, after consulting with the Nation, the City, and
the State of New Mexico acting through the Interstate Stream
Commission, may make appropriate modifications to the scope
of the Project and proceed with Project construction if all
other conditions for construction have been satisfied.
(3) Effect of indian self-determination and education
assistance act.--The Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the
design, construction, operation, maintenance, or replacement
of the Project.
(e) Power.--The Secretary shall reserve, from existing
reservations of Colorado River Storage Project power for
Bureau of Reclamation projects, up to 26 megawatts of power
for use by the Project.
(f) Conveyance of Title to Project Facilities.--
(1) In general.--The Secretary is authorized to enter into
separate agreements with the City and the Nation and, on
entering into the agreements, shall convey title to each
Project facility or section of a Project facility authorized
under subsection (b) (including any appropriate interests in
land) to the City and the Nation after--
(A) completion of construction of a Project facility or a
section of a Project facility that is operating and
delivering water; and
(B) execution of a Project operations agreement approved by
the Secretary and the Project Participants that sets forth--
(i) any terms and conditions that the Secretary determines
are necessary--
(I) to ensure the continuation of the intended benefits of
the Project; and
(II) to fulfill the purposes of this part;
(ii) requirements acceptable to the Secretary and the
Project Participants for--
(I) the distribution of water under the Project or section
of a Project facility; and
(II) the allocation and payment of annual operation,
maintenance, and replacement costs of the Project or section
of a Project facility based on the proportionate uses of
Project facilities; and
(iii) conditions and requirements acceptable to the
Secretary and the Project Participants for operating and
maintaining each Project facility on completion of the
conveyance of title, including the requirement that the City
and the Nation shall--
(I) comply with--
(aa) the Compact; and
(bb) other applicable law; and
(II) be responsible for--
(aa) the operation, maintenance, and replacement of each
Project facility; and
(bb) the accounting and management of water conveyance and
Project finances, as necessary to administer and fulfill the
conditions of the Contract executed under section
10604(a)(2)(B).
(2) Effect of conveyance.--The conveyance of title to each
Project facility shall not affect the application of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
relating to the use of the water associated with the Project.
(3) Liability.--
(A) In general.--Effective on the date of the conveyance
authorized by this subsection, the United States shall not be
held liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the land,
buildings, or facilities conveyed under this subsection,
other than damages caused by acts of negligence committed by
the United States, or by employees or agents of the United
States, prior to the date of conveyance.
(B) Tort claims.--Nothing in this section increases the
liability of the United States beyond the liability provided
in chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(4) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of title to any
Project facility, the Secretary shall submit to the Committee
on Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate
notice of the conveyance of each Project facility.
(g) Colorado River Storage Project Power.--The conveyance
of Project facilities under subsection (f) shall not affect
the availability of Colorado River Storage Project power to
the Project under subsection (e).
(h) Regional Use of Project Facilities.--
(1) In general.--Subject to paragraph (2), Project
facilities constructed under subsection (b) may be used to
treat and convey non-Project water or water that is not
allocated by subsection 10603(b) if--
(A) capacity is available without impairing any water
delivery to a Project Participant; and
(B) the unallocated or non-Project water beneficiary--
(i) has the right to use the water;
(ii) agrees to pay the operation, maintenance, and
replacement costs assignable to the beneficiary for the use
of the Project facilities; and
(iii) agrees to pay an appropriate fee that may be
established by the Secretary to assist in the recovery of any
capital cost allocable to that use.
(2) Effect of payments.--Any payments to the United States
or the Nation for the use of unused capacity under this
subsection or for water under any subcontract with the Nation
or the Jicarilla Apache Nation shall not alter the
construction repayment requirements or the operation,
maintenance, and replacement payment requirements of the
Project Participants.
SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY
PROJECT WATER.
(a) Use of Project Water.--
(1) In general.--In accordance with this subtitle and other
applicable law, water supply from the Project shall be used
for municipal, industrial, commercial, domestic, and stock
watering purposes.
(2) Use on certain land.--
(A) In general.--Subject to subparagraph (B), the Nation
may use Project water allocations on--
(i) land held by the United States in trust for the Nation
and members of the Nation; and
(ii) land held in fee by the Nation.
(B) Transfer.--The Nation may transfer the purposes and
places of use of the allocated water in accordance with the
Agreement and applicable law.
(3) Hydroelectric power.--
(A) In general.--Hydroelectric power may be generated as an
incident to the delivery of Project water for authorized
purposes under paragraph (1).
(B) Administration.--Notwithstanding any other provision of
law--
(i) any hydroelectric power generated under this paragraph
shall be used or marketed by the Nation;
(ii) the Nation shall retain any revenues from the sale of
the hydroelectric power; and
(iii) the United States shall have no trust obligation or
other obligation to monitor, administer, or account for the
revenues received by the Nation, or the expenditure of the
revenues.
(4) Storage.--
(A) In general.--Subject to subparagraph (B), any water
contracted for delivery under paragraph (1) that is not
needed for current water demands or uses may be delivered by
the Project for placement in underground storage in the State
of New Mexico for future recovery and use.
(B) State approval.--Delivery of water under subparagraph
(A) is subject to--
(i) approval by the State of New Mexico under applicable
provisions of State law relating to aquifer storage and
recovery; and
(ii) the provisions of the Agreement and this subtitle.
(b) Project Water and Capacity Allocations.--
(1) Diversion.--Subject to availability and consistent with
Federal and State law, the Project may divert from the Navajo
Reservoir and the San Juan River a quantity of water to be
allocated and used consistent with the Agreement and this
subtitle, that does not exceed in any 1 year, the lesser of--
(A) 37,760 acre-feet of water; or
(B) the quantity of water necessary to supply a depletion
from the San Juan River of 35,890 acre-feet.
(2) Project delivery capacity allocations.--
(A) In general.--The capacity of the Project shall be
allocated to the Project Participants in accordance with
subparagraphs (B) through (E), other provisions of this
subtitle, and other applicable law.
(B) Delivery capacity allocation to the city.--The Project
may deliver at the point of diversion from the San Juan River
not more than 7,500 acre-feet of water in any 1 year for
which the City has secured rights for the use of the City.
(C) Delivery capacity allocation to navajo nation
communities in new mexico.--For
[[Page 7046]]
use by the Nation in the State of New Mexico, the Project may
deliver water out of the water rights held by the Secretary
for the Nation and confirmed under this subtitle, at the
points of diversion from the San Juan River or at Navajo
Reservoir in any 1 year, the lesser of--
(i) 22,650 acre-feet of water; or
(ii) the quantity of water necessary to supply a depletion
from the San Juan River of 20,780 acre-feet of water.
(D) Delivery capacity allocation to navajo nation
communities in arizona.--Subject to subsection (c), the
Project may deliver at the point of diversion from the San
Juan River not more than 6,411 acre-feet of water in any 1
year for use by the Nation in the State of Arizona.
(E) Delivery capacity allocation to jicarilla apache
nation.--The Project may deliver at Navajo Reservoir not more
than 1,200 acre-feet of water in any 1 year of the water
rights of the Jicarilla Apache Nation, held by the Secretary
and confirmed by the Jicarilla Apache Tribe Water Rights
Settlement Act (Public Law 102-441; 106 Stat. 2237), for use
by the Jicarilla Apache Nation in the southern portion of the
Jicarilla Apache Nation Reservation in the State of New
Mexico.
(3) Use in excess of delivery capacity allocation
quantity.--Notwithstanding each delivery capacity allocation
quantity limit described in subparagraphs (B), (C), and (E)
of paragraph (2), the Secretary may authorize a Project
Participant to exceed the delivery capacity allocation
quantity limit of that Project Participant if--
(A) delivery capacity is available without impairing any
water delivery to any other Project Participant; and
(B) the Project Participant benefitting from the increased
allocation of delivery capacity--
(i) has the right under applicable law to use the
additional water;
(ii) agrees to pay the operation, maintenance, and
replacement costs relating to the additional use of any
Project facility; and
(iii) agrees, if the Project title is held by the
Secretary, to pay a fee established by the Secretary to
assist in recovering capital costs relating to that
additional use.
(c) Conditions for Use in Arizona.--
(1) Requirements.--Project water shall not be delivered for
use by any community of the Nation located in the State of
Arizona under subsection (b)(2)(D) until--
(A) the Nation and the State of Arizona have entered into a
water rights settlement agreement approved by an Act of
Congress that settles and waives the Nation's claims to water
in the Lower Basin and the Little Colorado River Basin in the
State of Arizona, including those of the United States on the
Nation's behalf; and
(B) the Secretary and the Navajo Nation have entered into a
Navajo Reservoir water supply delivery contract for the
physical delivery and diversion of water via the Project from
the San Juan River system to supply uses in the State of
Arizona.
(2) Accounting of uses in arizona.--
(A) In general.--Pursuant to paragraph (1) and
notwithstanding any other provision of law, water may be
diverted by the Project from the San Juan River in the State
of New Mexico in accordance with an appropriate permit issued
under New Mexico law for use in the State of Arizona within
the Navajo Reservation in the Lower Basin; provided that any
depletion of water that results from the diversion of water
by the Project from the San Juan River in the State of New
Mexico for uses within the State of Arizona (including
depletion incidental to the diversion, impounding, or
conveyance of water in the State of New Mexico for uses in
the State of Arizona) shall be administered and accounted for
as either--
(i) a part of, and charged against, the available
consumptive use apportionment made to the State of Arizona by
Article III(a) of the Compact and to the Upper Basin by
Article III(a) of the Colorado River Compact, in which case
any water so diverted by the Project into the Lower Basin for
use within the State of Arizona shall not be credited as
water reaching Lee Ferry pursuant to Article III(c) and
III(d) of the Colorado River Compact; or
(ii) subject to subparagraph (B), a part of, and charged
against, the consumptive use apportionment made to the Lower
Basin by Article III(a) of the Colorado River Compact, in
which case it shall--
(I) be a part of the Colorado River water that is
apportioned to the State of Arizona in Article II(B) of the
Consolidated Decree of the Supreme Court of the United States
in Arizona v. California (547 U.S. 150) (as may be amended or
supplemented);
(II) be credited as water reaching Lee Ferry pursuant to
Article III(c) and III(d) of the Colorado River Compact; and
(III) be accounted as the water identified in section
104(a)(1)(B)(ii) of the Arizona Water Settlements Act, (118
Stat. 3478);
(B) Limitation.--Notwithstanding subparagraph (B), no water
diverted by the Project shall be accounted for pursuant to
subparagraph (B) until such time that--
(i) the Secretary has developed and, as necessary and
appropriate, modified, in consultation with the Upper
Colorado River Commission and the Governors' Representatives
on Colorado River Operations from each State signatory to the
Colorado River Compact, all operational and decisional
criteria, policies, contracts, guidelines or other documents
that control the operations of the Colorado River System
reservoirs and diversion works, so as to adjust, account for,
and offset the diversion of water apportioned to the State of
Arizona, pursuant to the Boulder Canyon Project Act (43
U.S.C. 617 et seq.), from a point of diversion on the San
Juan River in New Mexico; provided that all such
modifications shall be consistent with the provisions of this
Section, and the modifications made pursuant to this clause
shall be applicable only for the duration of any such
diversions pursuant to section 10603(c)(2)(B); and
(ii) Article II(B) of the Decree of the Supreme Court of
the United States in Arizona v. California (547 U.S. 150 as
may be amended or supplemented) is administered so that
diversions from the main stream for the Central Arizona
Project, as served under existing contracts with the United
States by diversion works heretofore constructed, shall be
limited and reduced to offset any diversions made pursuant to
section 10603(c)(2)(B) of this Act. This clause shall not
affect, in any manner, the amount of water apportioned to
Arizona pursuant to the Boulder Canyon Project Act (43 U.S.C.
617 et seq.), or amend any provisions of said decree or the
Colorado River Basin Project Act (43 U.S.C. 1501 et. seq.).
(3) Upper basin protections.--
(A) Consultations.--Henceforth, in any consultation
pursuant to 16 U.S.C. 1536(a) with respect to water
development in the San Juan River Basin, the Secretary shall
confer with the States of Colorado and New Mexico, consistent
with the provisions of section 5 of the ``Principles for
Conducting Endangered Species Act Section 7 Consultations on
Water Development and Water Management Activities Affecting
Endangered Fish Species in the San Juan River Basin'' as
adopted by the Coordination Committee, San Juan River Basin
Recovery Implementation Program, on June 19, 2001, and as may
be amended or modified.
(B) Preservation of existing rights.--Rights to the
consumptive use of water available to the Upper Basin from
the Colorado River System under the Colorado River Compact
and the Compact shall not be reduced or prejudiced by any use
of water pursuant to subsection 10603(c). Nothing in this Act
shall be construed so as to impair, conflict with, or
otherwise change the duties and powers of the Upper Colorado
River Commission.
(d) Forbearance.--
(1) In general.--Subject to paragraphs (2) and (3), during
any year in which a shortage to the normal diversion
requirement for any use relating to the Project within the
State of Arizona occurs (as determined under section 11 of
Public Law 87-483 (76 Stat. 99)), the Nation may temporarily
forbear the delivery of the water supply of the Navajo
Reservoir for uses in the State of New Mexico under the
apportionments of water to the Navajo Indian Irrigation
Project and the normal diversion requirements of the Project
to allow an equivalent quantity of water to be delivered from
the Navajo Reservoir water supply for municipal and domestic
uses of the Nation in the State of Arizona under the Project.
(2) Limitation of forbearance.--The Nation may forebear the
delivery of water under paragraph (1) of a quantity not
exceeding the quantity of the shortage to the normal
diversion requirement for any use relating to the Project
within the State of Arizona.
(3) Effect.--The forbearance of the delivery of water under
paragraph (1) shall be subject to the requirements in
subsection (c).
(e) Effect.--Nothing in this subtitle--
(1) authorizes the marketing, leasing, or transfer of the
water supplies made available to the Nation under the
Contract to non-Navajo water users in States other than the
State of New Mexico; or
(2) authorizes the forbearance of water uses in the State
of New Mexico to allow uses of water in other States other
than as authorized under subsection (d).
(f) Colorado River Compacts.--Notwithstanding any other
provision of law--
(1) water may be diverted by the Project from the San Juan
River in the State of New Mexico for use within New Mexico in
the lower basin, as that term is used in the Colorado River
Compact;
(2) any water diverted under paragraph (1) shall be a part
of, and charged against, the consumptive use apportionment
made to the State of New Mexico by Article III(a) of the
Compact and to the upper basin by Article III(a) of the
Colorado River Compact; and
(3) any water so diverted by the Project into the lower
basin within the State of New Mexico shall not be credited as
water reaching Lee Ferry pursuant to Articles III(c) and
III(d) of the Colorado River Compact.
(g) Payment of Operation, Maintenance, and Replacement
Costs.--
(1) In general.--The Secretary is authorized to pay the
operation, maintenance, and replacement costs of the Project
allocable to the Project Participants under section 10604
until the date on which the Secretary declares any section of
the Project to be substantially complete and delivery of
water
[[Page 7047]]
generated by, and through, that section of the Project can be
made to a Project participant.
(2) Project participant payments.--Beginning on the date
described in paragraph (1), each Project Participant shall
pay all allocated operation, maintenance, and replacement
costs for that substantially completed section of the
Project, in accordance with contracts entered into pursuant
to section 10604, except as provided in section 10604(f).
(h) No Precedent.--Nothing in this Act shall be construed
as authorizing or establishing a precedent for any type of
transfer of Colorado River System water between the Upper
Basin and Lower Basin. Nor shall anything in this Act be
construed as expanding the Secretary's authority in the Upper
Basin.
(i) Unique Situation.--Diversions by the Project consistent
with this section address critical tribal and non-Indian
water supply needs under unique circumstances, which include,
among other things--
(1) the intent to benefit an American Indian tribe;
(2) the Navajo Nation's location in both the Upper and
Lower Basin;
(3) the intent to address critical Indian water needs in
the State of Arizona and Indian and non-Indian water needs in
the State of New Mexico,
(4) the location of the Navajo Nation's capital city of
Window Rock in the State of Arizona in close proximity to the
border of the State of New Mexico and the pipeline route for
the Project;
(5) the lack of other reasonable options available for
developing a firm, sustainable supply of municipal water for
the Navajo Nation at Window Rock in the State of Arizona; and
(6) the limited volume of water to be diverted by the
Project to supply municipal uses in the Window Rock area in
the State of Arizona.
(j) Consensus.--Congress notes the consensus of the
Governors' Representatives on Colorado River Operations of
the States that are signatory to the Colorado River Compact
regarding the diversions authorized for the Project under
this section.
(k) Efficient Use.--The diversions and uses authorized for
the Project under this Section represent unique and efficient
uses of Colorado River apportionments in a manner that
Congress has determined would be consistent with the
obligations of the United States to the Navajo Nation.
SEC. 10604. PROJECT CONTRACTS.
(a) Navajo Nation Contract.--
(1) Hydrologic determination.--Congress recognizes that the
Hydrologic Determination necessary to support approval of the
Contract has been completed.
(2) Contract approval.--
(A) Approval.--
(i) In general.--Except to the extent that any provision of
the Contract conflicts with this subtitle, Congress approves,
ratifies, and confirms the Contract.
(ii) Amendments.--To the extent any amendment is executed
to make the Contract consistent with this subtitle, that
amendment is authorized, ratified, and confirmed.
(B) Execution of contract.--The Secretary, acting on behalf
of the United States, shall enter into the Contract to the
extent that the Contract does not conflict with this subtitle
(including any amendment that is required to make the
Contract consistent with this subtitle).
(3) Nonreimbursability of allocated costs.--The following
costs shall be nonreimbursable and not subject to repayment
by the Nation or any other Project beneficiary:
(A) Any share of the construction costs of the Nation
relating to the Project authorized by section 10602(a).
(B) Any costs relating to the construction of the Navajo
Indian Irrigation Project that may otherwise be allocable to
the Nation for use of any facility of the Navajo Indian
Irrigation Project to convey water to each Navajo community
under the Project.
(C) Any costs relating to the construction of Navajo Dam
that may otherwise be allocable to the Nation for water
deliveries under the Contract.
(4) Operation, maintenance, and replacement obligation.--
Subject to subsection (f), the Contract shall include
provisions under which the Nation shall pay any costs
relating to the operation, maintenance, and replacement of
each facility of the Project that are allocable to the
Nation.
(5) Limitation, cancellation, termination, and
rescission.--The Contract may be limited by a term of years,
canceled, terminated, or rescinded only by an Act of
Congress.
(b) City of Gallup Contract.--
(1) Contract authorization.--Consistent with this subtitle,
the Secretary is authorized to enter into a repayment
contract with the City that requires the City--
(A) to repay, within a 50-year period, the share of the
construction costs of the City relating to the Project, with
interest as provided under section 10305; and
(B) consistent with section 10603(g), to pay the operation,
maintenance, and replacement costs of the Project that are
allocable to the City.
(2) Contract prepayment.--
(A) In general.--The contract authorized under paragraph
(1) may allow the City to satisfy the repayment obligation of
the City for construction costs of the Project on the payment
of the share of the City prior to the initiation of
construction.
(B) Amount.--The amount of the share of the City described
in subparagraph (A) shall be determined by agreement between
the Secretary and the City.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the City pursuant to
subparagraph (A) shall be subject to a final cost allocation
by the Secretary on project completion and to the limitations
set forth in paragraph (3).
(3) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall determine the share of the construction costs of the
Project allocable to the City and establish the percentage of
the allocated construction costs that the City shall be
required to repay pursuant to the contract entered into under
paragraph (1), based on the ability of the City to pay.
(B) Minimum percentage.--Notwithstanding subparagraph (A),
the repayment obligation of the City shall be at least 25
percent of the construction costs of the Project that are
allocable to the City, but shall in no event exceed 35
percent.
(4) Excess construction costs.--Any construction costs of
the Project allocable to the City in excess of the repayment
obligation of the City, as determined under paragraph (3),
shall be nonreimbursable.
(5) Grant funds.--A grant from any other Federal source
shall not be credited toward the amount required to be repaid
by the City under a repayment contract.
(6) Title transfer.--If title is transferred to the City
prior to repayment under section 10602(f), the City shall be
required to provide assurances satisfactory to the Secretary
of fulfillment of the remaining repayment obligation of the
City.
(7) Water delivery subcontract.--The Secretary shall not
enter into a contract under paragraph (1) with the City until
the City has secured a water supply for the City's portion of
the Project described in section 10603(b)(2)(B), by entering
into, as approved by the Secretary, a water delivery
subcontract for a period of not less than 40 years beginning
on the date on which the construction of any facility of the
Project serving the City is completed, with--
(A) the Nation, as authorized by the Contract;
(B) the Jicarilla Apache Nation, as authorized by the
settlement contract between the United States and the
Jicarilla Apache Tribe, authorized by the Jicarilla Apache
Tribe Water Rights Settlement Act (Public Law 102-441; 106
Stat. 2237); or
(C) an acquired alternate source of water, subject to
approval of the Secretary and the State of New Mexico, acting
through the New Mexico Interstate Stream Commission and the
New Mexico State Engineer.
(c) Jicarilla Apache Nation Contract.--
(1) Contract authorization.--Consistent with this subtitle,
the Secretary is authorized to enter into a repayment
contract with the Jicarilla Apache Nation that requires the
Jicarilla Apache Nation--
(A) to repay, within a 50-year period, the share of any
construction cost of the Jicarilla Apache Nation relating to
the Project, with interest as provided under section 10305;
and
(B) consistent with section 10603(g), to pay the operation,
maintenance, and replacement costs of the Project that are
allocable to the Jicarilla Apache Nation.
(2) Contract prepayment.--
(A) In general.--The contract authorized under paragraph
(1) may allow the Jicarilla Apache Nation to satisfy the
repayment obligation of the Jicarilla Apache Nation for
construction costs of the Project on the payment of the share
of the Jicarilla Apache Nation prior to the initiation of
construction.
(B) Amount.--The amount of the share of Jicarilla Apache
Nation described in subparagraph (A) shall be determined by
agreement between the Secretary and the Jicarilla Apache
Nation.
(C) Repayment obligation.--Any repayment obligation
established by the Secretary and the Jicarilla Apache Nation
pursuant to subparagraph (A) shall be subject to a final cost
allocation by the Secretary on project completion and to the
limitations set forth in paragraph (3).
(3) Share of construction costs.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall determine the share of the construction costs of the
Project allocable to the Jicarilla Apache Nation and
establish the percentage of the allocated construction costs
of the Jicarilla Apache Nation that the Jicarilla Apache
Nation shall be required to repay based on the ability of the
Jicarilla Apache Nation to pay.
(B) Minimum percentage.--Notwithstanding subparagraph (A),
the repayment obligation of the Jicarilla Apache Nation shall
be at least 25 percent of the construction costs of the
Project that are allocable to the Jicarilla Apache Nation,
but shall in no event exceed 35 percent.
(4) Excess construction costs.--Any construction costs of
the Project allocable to the Jicarilla Apache Nation in
excess of the repayment obligation of the Jicarilla Apache
Nation as determined under paragraph (3), shall be
nonreimbursable.
[[Page 7048]]
(5) Grant funds.--A grant from any other Federal source
shall not be credited toward the share of the Jicarilla
Apache Nation of construction costs.
(6) Navajo indian irrigation project costs.--The Jicarilla
Apache Nation shall have no obligation to repay any Navajo
Indian Irrigation Project construction costs that might
otherwise be allocable to the Jicarilla Apache Nation for use
of the Navajo Indian Irrigation Project facilities to convey
water to the Jicarilla Apache Nation, and any such costs
shall be nonreimbursable.
(d) Capital Cost Allocations.--
(1) In general.--For purposes of estimating the capital
repayment requirements of the Project Participants under this
section, the Secretary shall review and, as appropriate,
update the Draft Impact Statement allocating capital
construction costs for the Project.
(2) Final cost allocation.--The repayment contracts entered
into with Project Participants under this section shall
require that the Secretary perform a final cost allocation
when construction of the Project is determined to be
substantially complete.
(3) Repayment obligation.--The Secretary shall determine
the repayment obligation of the Project Participants based on
the final cost allocation identifying reimbursable and
nonreimbursable capital costs of the Project consistent with
this subtitle.
(e) Operation, Maintenance, and Replacement Cost
Allocations.--For purposes of determining the operation,
maintenance, and replacement obligations of the Project
Participants under this section, the Secretary shall review
and, as appropriate, update the Draft Impact Statement that
allocates operation, maintenance, and replacement costs for
the Project.
(f) Temporary Waivers of Payments.--
(1) In general.--On the date on which the Secretary
declares a section of the Project to be substantially
complete and delivery of water generated by and through that
section of the Project can be made to the Nation, the
Secretary may waive, for a period of not more than 10 years,
the operation, maintenance, and replacement costs allocable
to the Nation for that section of the Project that the
Secretary determines are in excess of the ability of the
Nation to pay.
(2) Subsequent payment by nation.--After a waiver under
paragraph (1), the Nation shall pay all allocated operation,
maintenance, and replacement costs of that section of the
Project.
(3) Payment by united states.--Any operation, maintenance,
or replacement costs waived by the Secretary under paragraph
(1) shall be paid by the United States and shall be
nonreimbursable.
(4) Effect on contracts.--Failure of the Secretary to waive
costs under paragraph (1) because of a lack of availability
of Federal funding to pay the costs under paragraph (3) shall
not alter the obligations of the Nation or the United States
under a repayment contract.
(5) Termination of authority.--The authority of the
Secretary to waive costs under paragraph (1) with respect to
a Project facility transferred to the Nation under section
10602(f) shall terminate on the date on which the Project
facility is transferred.
(g) Project Construction Committee.--The Secretary shall
facilitate the formation of a project construction committee
with the Project Participants and the State of New Mexico--
(1) to review cost factors and budgets for construction and
operation and maintenance activities;
(2) to improve construction management through enhanced
communication; and
(3) to seek additional ways to reduce overall Project
costs.
SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE.
(a) Use of Navajo Nation Pipeline.--In addition to use of
the Navajo Nation Municipal Pipeline to convey the Animas-La
Plata Project water of the Nation, the Nation may use the
Navajo Nation Municipal Pipeline to convey non-Animas La
Plata Project water for municipal and industrial purposes.
(b) Conveyance of Title to Pipeline.--
(1) In general.--On completion of the Navajo Nation
Municipal Pipeline, the Secretary may enter into separate
agreements with the City of Farmington, New Mexico and the
Nation to convey title to each portion of the Navajo Nation
Municipal Pipeline facility or section of the Pipeline to the
City of Farmington and the Nation after execution of a
Project operations agreement approved by the Secretary, the
Nation, and the City of Farmington that sets forth any terms
and conditions that the Secretary determines are necessary.
(2) Conveyance to the city of farmington or navajo
nation.--In conveying title to the Navajo Nation Municipal
Pipeline under this subsection, the Secretary shall convey--
(A) to the City of Farmington, the facilities and any land
or interest in land acquired by the United States for the
construction, operation, and maintenance of the Pipeline that
are located within the corporate boundaries of the City; and
(B) to the Nation, the facilities and any land or interests
in land acquired by the United States for the construction,
operation, and maintenance of the Pipeline that are located
outside the corporate boundaries of the City of Farmington.
(3) Effect of conveyance.--The conveyance of title to the
Pipeline shall not affect the application of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the
use of water associated with the Animas-La Plata Project.
(4) Liability.--
(A) In general.--Effective on the date of the conveyance
authorized by this subsection, the United States shall not be
held liable by any court for damages of any kind arising out
of any act, omission, or occurrence relating to the land,
buildings, or facilities conveyed under this subsection,
other than damages caused by acts of negligence committed by
the United States or by employees or agents of the United
States prior to the date of conveyance.
(B) Tort claims.--Nothing in this subsection increases the
liability of the United States beyond the liability provided
under chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'').
(5) Notice of proposed conveyance.--Not later than 45 days
before the date of a proposed conveyance of title to the
Pipeline, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate,
notice of the conveyance of the Pipeline.
SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.
(a) Conjunctive Groundwater Development Plan.--Not later
than 1 year after the date of enactment of this Act, the
Nation, in consultation with the Secretary, shall complete a
conjunctive groundwater development plan for the wells
described in subsections (b) and (c).
(b) Wells in the San Juan River Basin.--In accordance with
the conjunctive groundwater development plan, the Secretary
may construct or rehabilitate wells and related pipeline
facilities to provide capacity for the diversion and
distribution of not more than 1,670 acre-feet of groundwater
in the San Juan River Basin in the State of New Mexico for
municipal and domestic uses.
(c) Wells in the Little Colorado and Rio Grande Basins.--
(1) In general.--In accordance with the Project and
conjunctive groundwater development plan for the Nation, the
Secretary may construct or rehabilitate wells and related
pipeline facilities to provide capacity for the diversion and
distribution of--
(A) not more than 680 acre-feet of groundwater in the
Little Colorado River Basin in the State of New Mexico;
(B) not more than 80 acre-feet of groundwater in the Rio
Grande Basin in the State of New Mexico; and
(C) not more than 770 acre-feet of groundwater in the
Little Colorado River Basin in the State of Arizona.
(2) Use.--Groundwater diverted and distributed under
paragraph (1) shall be used for municipal and domestic uses.
(d) Acquisition of Land.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may acquire any land or interest in land that is
necessary for the construction, operation, and maintenance of
the wells and related pipeline facilities authorized under
subsections (b) and (c).
(2) Limitation.--Nothing in this subsection authorizes the
Secretary to condemn water rights for the purposes described
in paragraph (1).
(e) Condition.--The Secretary shall not commence any
construction activity relating to the wells described in
subsections (b) and (c) until the Secretary executes the
Agreement.
(f) Conveyance of Wells.--
(1) In general.--On the determination of the Secretary that
the wells and related facilities are substantially complete
and delivery of water generated by the wells can be made to
the Nation, an agreement with the Nation shall be entered
into, to convey to the Nation title to--
(A) any well or related pipeline facility constructed or
rehabilitated under subsections (a) and (b) after the wells
and related facilities have been completed; and
(B) any land or interest in land acquired by the United
States for the construction, operation, and maintenance of
the well or related pipeline facility.
(2) Operation, maintenance, and replacement.--
(A) In general.--The Secretary is authorized to pay
operation and maintenance costs for the wells and related
pipeline facilities authorized under this subsection until
title to the facilities is conveyed to the Nation.
(B) Subsequent assumption by nation.--On completion of a
conveyance of title under paragraph (1), the Nation shall
assume all responsibility for the operation and maintenance
of the well or related pipeline facility conveyed.
(3) Effect of conveyance.--The conveyance of title to the
Nation of the conjunctive use wells under paragraph (1) shall
not affect the application of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(g) Use of Project Facilities.--The capacities of the
treatment facilities, main pipelines, and lateral pipelines
of the Project authorized by section 10602(b) may be used to
treat and convey groundwater to Nation
[[Page 7049]]
communities if the Nation provides for payment of the
operation, maintenance, and replacement costs associated with
the use of the facilities or pipelines.
(h) Limitations.--The diversion and use of groundwater by
wells constructed or rehabilitated under this section shall
be made in a manner consistent with applicable Federal and
State law.
SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.
(a) Rehabilitation.--Subject to subsection (b), the
Secretary shall rehabilitate--
(1) the Fruitland-Cambridge Irrigation Project to serve not
more than 3,335 acres of land, which shall be considered to
be the total serviceable area of the project; and
(2) the Hogback-Cudei Irrigation Project to serve not more
than 8,830 acres of land, which shall be considered to be the
total serviceable area of the project.
(b) Condition.--The Secretary shall not commence any
construction activity relating to the rehabilitation of the
Fruitland-Cambridge Irrigation Project or the Hogback-Cudei
Irrigation Project under subsection (a) until the Secretary
executes the Agreement.
(c) Operation, Maintenance, and Replacement Obligation.--
The Nation shall continue to be responsible for the
operation, maintenance, and replacement of each facility
rehabilitated under this section.
SEC. 10608. OTHER IRRIGATION PROJECTS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
the State of New Mexico (acting through the Interstate Stream
Commission) and the Non-Navajo Irrigation Districts that
elect to participate, shall--
(1) conduct a study of Non-Navajo Irrigation District
diversion and ditch facilities; and
(2) based on the study, identify and prioritize a list of
projects, with associated cost estimates, that are
recommended to be implemented to repair, rehabilitate, or
reconstruct irrigation diversion and ditch facilities to
improve water use efficiency.
(b) Grants.--The Secretary may provide grants to, and enter
into cooperative agreements with, the Non-Navajo Irrigation
Districts to plan, design, or otherwise implement the
projects identified under subsection (a)(2).
(c) Cost-Sharing.--
(1) Federal share.--The Federal share of the total cost of
carrying out a project under subsection (b) shall be not more
than 50 percent, and shall be nonreimbursable.
(2) Form.--The non-Federal share required under paragraph
(1) may be in the form of in-kind contributions, including
the contribution of any valuable asset or service that the
Secretary determines would substantially contribute to a
project carried out under subsection (b).
(3) State contribution.--The Secretary may accept from the
State of New Mexico a partial or total contribution toward
the non-Federal share for a project carried out under
subsection (b).
SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Navajo-Gallup Water
Supply Project.--
(1) In general.--There is authorized to be appropriated to
the Secretary to plan, design, and construct the Project
$870,000,000 for the period of fiscal years 2009 through
2024, to remain available until expended.
(2) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of
changes since 2007 in construction costs, as indicated by
engineering cost indices applicable to the types of
construction involved.
(3) Use.--In addition to the uses authorized under
paragraph (1), amounts made available under that paragraph
may be used for the conduct of related activities to comply
with Federal environmental laws.
(4) Operation and maintenance.--
(A) In general.--There are authorized to be appropriated
such sums as are necessary to operate and maintain the
Project consistent with this subtitle.
(B) Expiration.--The authorization under subparagraph (A)
shall expire 10 years after the year the Secretary declares
the Project to be substantially complete.
(b) Appropriations for Conjunctive Use Wells.--
(1) San juan wells.--There is authorized to be appropriated
to the Secretary for the construction or rehabilitation and
operation and maintenance of conjunctive use wells under
section 10606(b) $30,000,000, as adjusted under paragraph
(3), for the period of fiscal years 2009 through 2019.
(2) Wells in the little colorado and rio grande basins.--
There are authorized to be appropriated to the Secretary for
the construction or rehabilitation and operation and
maintenance of conjunctive use wells under section 10606(c)
such sums as are necessary for the period of fiscal years
2009 through 2024.
(3) Adjustments.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required by reason of
changes since 2008 in construction costs, as indicated by
engineering cost indices applicable to the types of
construction or rehabilitation involved.
(4) Nonreimbursable expenditures.--Amounts made available
under paragraphs (1) and (2) shall be nonreimbursable to the
United States.
(5) Use.--In addition to the uses authorized under
paragraphs (1) and (2), amounts made available under that
paragraph may be used for the conduct of related activities
to comply with Federal environmental laws.
(6) Limitation.--Appropriations authorized under paragraph
(1) shall not be used for operation or maintenance of any
conjunctive use wells at a time in excess of 3 years after
the well is declared substantially complete.
(c) San Juan River Irrigation Projects.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out section 10607(a)(1), not more than
$7,700,000, as adjusted under paragraph (2), for the period
of fiscal years 2009 through 2016, to remain available until
expended; and
(B) to carry out section 10607(a)(2), not more than
$15,400,000, as adjusted under paragraph (2), for the period
of fiscal years 2009 through 2019, to remain available until
expended.
(2) Adjustment.--The amounts made available under paragraph
(1) shall be adjusted by such amounts as may be required by
reason of changes since January 1, 2004, in construction
costs, as indicated by engineering cost indices applicable to
the types of construction involved in the rehabilitation.
(3) Nonreimbursable expenditures.--Amounts made available
under this subsection shall be nonreimbursable to the United
States.
(d) Other Irrigation Projects.--There are authorized to be
appropriated to the Secretary to carry out section 10608
$11,000,000 for the period of fiscal years 2009 through 2019.
(e) Cultural Resources.--
(1) In general.--The Secretary may use not more than 2
percent of amounts made available under subsections (a), (b),
and (c) for the survey, recovery, protection, preservation,
and display of archaeological resources in the area of a
Project facility or conjunctive use well.
(2) Nonreimbursable expenditures.--Any amounts made
available under paragraph (1) shall be nonreimbursable.
(f) Fish and Wildlife Facilities.--
(1) In general.--In association with the development of the
Project, the Secretary may use not more than 4 percent of
amounts made available under subsections (a), (b), and (c) to
purchase land and construct and maintain facilities to
mitigate the loss of, and improve conditions for the
propagation of, fish and wildlife if any such purchase,
construction, or maintenance will not affect the operation of
any water project or use of water.
(2) Nonreimbursable expenditures.--Any amounts expended
under paragraph (1) shall be nonreimbursable.
PART IV--NAVAJO NATION WATER RIGHTS
SEC. 10701. AGREEMENT.
(a) Agreement Approval.--
(1) Approval by congress.--Except to the extent that any
provision of the Agreement conflicts with this subtitle,
Congress approves, ratifies, and confirms the Agreement
(including any amendments to the Agreement that are executed
to make the Agreement consistent with this subtitle).
(2) Execution by secretary.--The Secretary shall enter into
the Agreement to the extent that the Agreement does not
conflict with this subtitle, including--
(A) any exhibits to the Agreement requiring the signature
of the Secretary; and
(B) any amendments to the Agreement necessary to make the
Agreement consistent with this subtitle.
(3) Authority of secretary.--The Secretary may carry out
any action that the Secretary determines is necessary or
appropriate to implement the Agreement, the Contract, and
this section.
(4) Administration of navajo reservoir releases.--The State
of New Mexico may administer water that has been released
from storage in Navajo Reservoir in accordance with
subparagraph 9.1 of the Agreement.
(b) Water Available Under Contract.--
(1) Quantities of water available.--
(A) In general.--Water shall be made available annually
under the Contract for projects in the State of New Mexico
supplied from the Navajo Reservoir and the San Juan River
(including tributaries of the River) under New Mexico State
Engineer File Numbers 2849, 2883, and 3215 in the quantities
described in subparagraph (B).
(B) Water quantities.--The quantities of water referred to
in subparagraph (A) are as follows:
----------------------------------------------------------------------------------------------------------------
Diversion (acre-feet/year) Depletion (acre-feet/year)
----------------------------------------------------------------------------------------------------------------
Navajo Indian Irrigation 508,000 270,000
Project
[[Page 7050]]
Navajo-Gallup Water Supply 22,650 20,780
Project
Animas-La Plata Project 4,680 2,340
Total 535,330 293,120
----------------------------------------------------------------------------------------------------------------
(C) Maximum quantity.--A diversion of water to the Nation
under the Contract for a project described in subparagraph
(B) shall not exceed the quantity of water necessary to
supply the amount of depletion for the project.
(D) Terms, conditions, and limitations.--The diversion and
use of water under the Contract shall be subject to and
consistent with the terms, conditions, and limitations of the
Agreement, this subtitle, and any other applicable law.
(2) Amendments to contract.--The Secretary, with the
consent of the Nation, may amend the Contract if the
Secretary determines that the amendment is--
(A) consistent with the Agreement; and
(B) in the interest of conserving water or facilitating
beneficial use by the Nation or a subcontractor of the
Nation.
(3) Rights of the nation.--The Nation may, under the
Contract--
(A) use tail water, wastewater, and return flows
attributable to a use of the water by the Nation or a
subcontractor of the Nation if--
(i) the depletion of water does not exceed the quantities
described in paragraph (1); and
(ii) the use of tail water, wastewater, or return flows is
consistent with the terms, conditions, and limitations of the
Agreement, and any other applicable law; and
(B) change a point of diversion, change a purpose or place
of use, and transfer a right for depletion under this
subtitle (except for a point of diversion, purpose or place
of use, or right for depletion for use in the State of
Arizona under section 10603(b)(2)(D)), to another use,
purpose, place, or depletion in the State of New Mexico to
meet a water resource or economic need of the Nation if--
(i) the change or transfer is subject to and consistent
with the terms of the Agreement, the Partial Final Decree
described in paragraph 3.0 of the Agreement, the Contract,
and any other applicable law; and
(ii) a change or transfer of water use by the Nation does
not alter any obligation of the United States, the Nation, or
another party to pay or repay project construction,
operation, maintenance, or replacement costs under this
subtitle and the Contract.
(c) Subcontracts.--
(1) In general.--
(A) Subcontracts between nation and third parties.--The
Nation may enter into subcontracts for the delivery of
Project water under the Contract to third parties for any
beneficial use in the State of New Mexico (on or off land
held by the United States in trust for the Nation or a member
of the Nation or land held in fee by the Nation).
(B) Approval required.--A subcontract entered into under
subparagraph (A) shall not be effective until approved by the
Secretary in accordance with this subsection and the
Contract.
(C) Submittal.--The Nation shall submit to the Secretary
for approval or disapproval any subcontract entered into
under this subsection.
(D) Deadline.--The Secretary shall approve or disapprove a
subcontract submitted to the Secretary under subparagraph (C)
not later than the later of--
(i) the date that is 180 days after the date on which the
subcontract is submitted to the Secretary; and
(ii) the date that is 60 days after the date on which a
subcontractor complies with--
(I) section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)); and
(II) any other requirement of Federal law.
(E) Enforcement.--A party to a subcontract may enforce the
deadline described in subparagraph (D) under section 1361 of
title 28, United States Code.
(F) Compliance with other law.--A subcontract described in
subparagraph (A) shall comply with the Agreement, the Partial
Final Decree described in paragraph 3.0 of the Agreement, and
any other applicable law.
(G) No liability.--The Secretary shall not be liable to any
party, including the Nation, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(2) Alienation.--
(A) Permanent alienation.--The Nation shall not permanently
alienate any right granted to the Nation under the Contract.
(B) Maximum term.--The term of any water use subcontract
(including a renewal) under this subsection shall be not more
than 99 years.
(3) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the
subcontracting rights of the Nation; and
(B) is deemed to fulfill any requirement that may be
imposed by section 2116 of the Revised Statutes (25 U.S.C.
177).
(4) Forfeiture.--The nonuse of the water supply secured by
a subcontractor of the Nation under this subsection shall not
result in forfeiture, abandonment, relinquishment, or other
loss of any part of a right decreed to the Nation under the
Contract or this section.
(5) No per capita payments.--No part of the revenue from a
water use subcontract under this subsection shall be
distributed to any member of the Nation on a per capita
basis.
(d) Water Leases Not Requiring Subcontracts.--
(1) Authority of nation.--
(A) In general.--The Nation may lease, contract, or
otherwise transfer to another party or to another purpose or
place of use in the State of New Mexico (on or off land that
is held by the United States in trust for the Nation or a
member of the Nation or held in fee by the Nation) a water
right that--
(i) is decreed to the Nation under the Agreement; and
(ii) is not subject to the Contract.
(B) Compliance with other law.--In carrying out an action
under this subsection, the Nation shall comply with the
Agreement, the Partial Final Decree described in paragraph
3.0 of the Agreement, the Supplemental Partial Final Decree
described in paragraph 4.0 of the Agreement, and any other
applicable law.
(2) Alienation; maximum term.--
(A) Alienation.--The Nation shall not permanently alienate
any right granted to the Nation under the Agreement.
(B) Maximum term.--The term of any water use lease,
contract, or other arrangement (including a renewal) under
this subsection shall be not more than 99 years.
(3) No liability.--The Secretary shall not be liable to any
party, including the Nation, for any term of, or any loss or
other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(4) Nonintercourse act compliance.--This subsection--
(A) provides congressional authorization for the lease,
contracting, and transfer of any water right described in
paragraph (1)(A); and
(B) is deemed to fulfill any requirement that may be
imposed by the provisions of section 2116 of the Revised
Statutes (25 U.S.C. 177).
(5) Forfeiture.--The nonuse of a water right of the Nation
by a lessee or contractor to the Nation under this subsection
shall not result in forfeiture, abandonment, relinquishment,
or other loss of any part of a right decreed to the Nation
under the Contract or this section.
(e) Nullification.--
(1) Deadlines.--
(A) In general.--In carrying out this section, the
following deadlines apply with respect to implementation of
the Agreement:
(i) Agreement.--Not later than December 31, 2010, the
Secretary shall execute the Agreement.
(ii) Contract.--Not later than December 31, 2010, the
Secretary and the Nation shall execute the Contract.
(iii) Partial final decree.--Not later than December 31,
2013, the court in the stream adjudication shall have entered
the Partial Final Decree described in paragraph 3.0 of the
Agreement.
(iv) Fruitland-cambridge irrigation project.--Not later
than December 31, 2016, the rehabilitation construction of
the Fruitland-Cambridge Irrigation Project authorized under
section 10607(a)(1) shall be completed.
(v) Supplemental partial final decree.--Not later than
December 31, 2016, the court in the stream adjudication shall
enter the Supplemental Partial Final Decree described in
subparagraph 4.0 of the Agreement.
(vi) Hogback-cudei irrigation project.--Not later than
December 31, 2019, the rehabilitation construction of the
Hogback-Cudei Irrigation Project authorized under section
10607(a)(2) shall be completed.
(vii) Trust fund.--Not later than December 31, 2019, the
United States shall make all deposits into the Trust Fund
under section 10702.
(viii) Conjunctive wells.--Not later than December 31,
2019, the funds authorized to be appropriated under section
10609(b)(1) for the conjunctive use wells authorized under
section 10606(b) should be appropriated.
(ix) Navajo-gallup water supply project.--Not later than
December 31, 2024, the construction of all Project facilities
shall be completed.
[[Page 7051]]
(B) Extension.--A deadline described in subparagraph (A)
may be extended if the Nation, the United States (acting
through the Secretary), and the State of New Mexico (acting
through the New Mexico Interstate Stream Commission) agree
that an extension is reasonably necessary.
(2) Revocability of agreement, contract and
authorizations.--
(A) Petition.--If the Nation determines that a deadline
described in paragraph (1)(A) is not substantially met, the
Nation may submit to the court in the stream adjudication a
petition to enter an order terminating the Agreement and
Contract.
(B) Termination.--On issuance of an order to terminate the
Agreement and Contract under subparagraph (A)--
(i) the Trust Fund shall be terminated;
(ii) the balance of the Trust Fund shall be deposited in
the general fund of the Treasury;
(iii) the authorizations for construction and
rehabilitation of water projects under this subtitle shall be
revoked and any Federal activity related to that construction
and rehabilitation shall be suspended; and
(iv) this part and parts I and III shall be null and void.
(3) Conditions not causing nullification of settlement.--
(A) In general.--If a condition described in subparagraph
(B) occurs, the Agreement and Contract shall not be nullified
or terminated.
(B) Conditions.--The conditions referred to in subparagraph
(A) are as follows:
(i) A lack of right to divert at the capacities of
conjunctive use wells constructed or rehabilitated under
section 10606.
(ii) A failure--
(I) to determine or resolve an accounting of the use of
water under this subtitle in the State of Arizona;
(II) to obtain a necessary water right for the consumptive
use of water in Arizona;
(III) to contract for the delivery of water for use in
Arizona; or
(IV) to construct and operate a lateral facility to deliver
water to a community of the Nation in Arizona, under the
Project.
(f) Effect on Rights of Indian Tribes.--
(1) In general.--Except as provided in paragraph (2),
nothing in the Agreement, the Contract, or this section
quantifies or adversely affects the land and water rights, or
claims or entitlements to water, of any Indian tribe or
community other than the rights, claims, or entitlements of
the Nation in, to, and from the San Juan River Basin in the
State of New Mexico.
(2) Exception.--The right of the Nation to use water under
water rights the Nation has in other river basins in the
State of New Mexico shall be forborne to the extent that the
Nation supplies the uses for which the water rights exist by
diversions of water from the San Juan River Basin under the
Project consistent with subparagraph 9.13 of the Agreement.
SEC. 10702. TRUST FUND.
(a) Establishment.--There is established in the Treasury a
fund to be known as the ``Navajo Nation Water Resources
Development Trust Fund'', consisting of--
(1) such amounts as are appropriated to the Trust Fund
under subsection (f); and
(2) any interest earned on investment of amounts in the
Trust Fund under subsection (d).
(b) Use of Funds.--The Nation may use amounts in the Trust
Fund--
(1) to investigate, construct, operate, maintain, or
replace water project facilities, including facilities
conveyed to the Nation under this subtitle and facilities
owned by the United States for which the Nation is
responsible for operation, maintenance, and replacement
costs; and
(2) to investigate, implement, or improve a water
conservation measure (including a metering or monitoring
activity) necessary for the Nation to make use of a water
right of the Nation under the Agreement.
(c) Management.--The Secretary shall manage the Trust Fund,
invest amounts in the Trust Fund pursuant to subsection (d),
and make amounts available from the Trust Fund for
distribution to the Nation in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(d) Investment of the Trust Fund.--Beginning on October 1,
2019, the Secretary shall invest amounts in the Trust Fund in
accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
(3) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(e) Conditions for Expenditures and Withdrawals.--
(1) Tribal management plan.--
(A) In general.--Subject to paragraph (7), on approval by
the Secretary of a tribal management plan in accordance with
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Nation may withdraw all or a
portion of the amounts in the Trust Fund.
(B) Requirements.--In addition to any requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that the Nation only use amounts in the Trust Fund
for the purposes described in subsection (b), including the
identification of water conservation measures to be
implemented in association with the agricultural water use of
the Nation.
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Trust Fund are used in accordance with this subtitle.
(3) No liability.--Neither the Secretary nor the Secretary
of the Treasury shall be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by
the Nation.
(4) Expenditure plan.--
(A) In general.--The Nation shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Trust Fund made available under this section
that the Nation does not withdraw under this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, funds of the
Nation remaining in the Trust Fund will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this subtitle.
(5) Annual report.--The Nation shall submit to the
Secretary an annual report that describes any expenditures
from the Trust Fund during the year covered by the report.
(6) Limitation.--No portion of the amounts in the Trust
Fund shall be distributed to any Nation member on a per
capita basis.
(7) Conditions.--Any amount authorized to be appropriated
to the Trust Fund under subsection (f) shall not be available
for expenditure or withdrawal--
(A) before December 31, 2019; and
(B) until the date on which the court in the stream
adjudication has entered--
(i) the Partial Final Decree; and
(ii) the Supplemental Partial Final Decree.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for deposit in the Trust Fund--
(1) $6,000,000 for each of fiscal years 2010 through 2014;
and
(2) $4,000,000 for each of fiscal years 2015 through 2019.
SEC. 10703. WAIVERS AND RELEASES.
(a) Claims by the Nation and the United States.--In return
for recognition of the Nation's water rights and other
benefits, including but not limited to the commitments by
other parties, as set forth in the Agreement and this
subtitle, the Nation, on behalf of itself and members of the
Nation (other than members in the capacity of the members as
allottees), and the United States acting in its capacity as
trustee for the Nation, shall execute a waiver and release
of--
(1) all claims for water rights in, or for waters of, the
San Juan River Basin in the State of New Mexico that the
Nation, or the United States as trustee for the Nation,
asserted, or could have asserted, in any proceeding,
including but not limited to the stream adjudication, up to
and including the effective date described in subsection (e),
except to the extent that such rights are recognized in the
Agreement or this subtitle;
(2) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion, or taking
of water (including but not limited to claims for injury to
lands resulting from such damages, losses, injuries,
interference with, diversion, or taking) in the San Juan
River Basin in the State of New Mexico that accrued at any
time up to and including the effective date described in
subsection (e);
(3) all claims of any damage, loss, or injury or for
injunctive or other relief because of the condition of or
changes in water quality related to, or arising out of, the
exercise of water rights; and
(4) all claims against the State of New Mexico, its
agencies, or employees relating to the negotiation or the
adoption of the Agreement.
(b) Claims by the Nation Against the United States.--The
Nation, on behalf of itself and its members (other than in
the capacity of the members as allottees), shall execute a
waiver and release of--
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or waters of
the San Juan River Basin in the State of New Mexico that the
United States, acting in its capacity as trustee for the
Nation, asserted, or could have asserted, in any proceeding,
including but not limited to the stream adjudication;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water
or water rights (including but not limited to damages,
losses, or injuries to hunting, fishing, gathering, or
cultural rights due to loss of water or water rights; claims
relating to inference with, diversion, or taking of water or
water rights; or claims relating to failure to protect,
acquire, replace, or develop water or water rights) in the
San Juan River Basin in the State of New Mexico that first
accrued at any time up to and including the effective date
described in subsection (e);
[[Page 7052]]
(3) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims
relating to the Nation's water rights in the stream
adjudication; and
(4) all claims against the United States, its agencies, or
employees relating to the negotiation, execution, or the
adoption of the Agreement, the decrees, the Contract, or this
subtitle.
(c) Reservation of Claims.--Notwithstanding the waivers and
releases authorized in this subtitle, the Nation on behalf of
itself and its members (including members in the capacity of
the members as allottees) and the United States acting in its
capacity as trustee for the Nation and allottees, retain--
(1) all claims for water rights or injuries to water rights
arising out of activities occurring outside the San Juan
River Basin in the State of New Mexico, subject to paragraphs
8.0, 9.3, 9.12, 9.13, and 13.9 of the Agreement;
(2) all claims for enforcement of the Agreement, the
Contract, the Partial Final Decree, the Supplemental Partial
Final Decree, or this subtitle, through any legal and
equitable remedies available in any court of competent
jurisdiction;
(3) all rights to use and protect water rights acquired
pursuant to State law after the date of enactment of this
Act;
(4) all claims relating to activities affecting the quality
of water not related to the exercise of water rights,
including but not limited to any claims the Nation might have
under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(5) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights; and
(6) all rights, remedies, privileges, immunities, and
powers not specifically waived and released under the terms
of the Agreement or this subtitle.
(d) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the earlier of--
(A) March 1, 2025; or
(B) the effective date described in subsection (e).
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
(e) Effective Date.--
(1) In general.--The waivers and releases described in
subsections (a) and (b) shall be effective on the date on
which the Secretary publishes in the Federal Register a
statement of findings documenting that each of the deadlines
described in section 10701(e)(1) have been met.
(2) Deadline.--If the deadlines described in section
10701(e)(1)(A) have not been met by the later of March 1,
2025, or the date of any extension under section
10701(e)(1)(B)--
(A) the waivers and releases described in subsections (a)
and (b) shall be of no effect; and
(B) section 10701(e)(2)(B) shall apply.
SEC. 10704. WATER RIGHTS HELD IN TRUST.
A tribal water right adjudicated and described in paragraph
3.0 of the Partial Final Decree and in paragraph 3.0 of the
Supplemental Partial Final Decree shall be held in trust by
the United States on behalf of the Nation.
Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water
Rights Settlement
SEC. 10801. FINDINGS.
Congress finds that--
(1) it is the policy of the United States, in accordance
with the trust responsibility of the United States to Indian
tribes, to promote Indian self-determination and economic
self-sufficiency and to settle Indian water rights claims
without lengthy and costly litigation, if practicable;
(2) quantifying rights to water and development of
facilities needed to use tribal water supplies is essential
to the development of viable Indian reservation economies and
the establishment of a permanent reservation homeland;
(3) uncertainty concerning the extent of the Shoshone-
Paiute Tribes' water rights has resulted in limited access to
water and inadequate financial resources necessary to achieve
self-determination and self-sufficiency;
(4) in 2006, the Tribes, the State of Idaho, the affected
individual water users, and the United States resolved all
tribal claims to water rights in the Snake River Basin
Adjudication through a consent decree entered by the District
Court of the Fifth Judicial District of the State of Idaho,
requiring no further Federal action to quantify the Tribes'
water rights in the State of Idaho;
(5) as of the date of enactment of this Act, proceedings to
determine the extent and nature of the water rights of the
Tribes in the East Fork of the Owyhee River in Nevada are
pending before the Nevada State Engineer;
(6) final resolution of the Tribes' water claims in the
East Fork of the Owyhee River adjudication will--
(A) take many years;
(B) entail great expense;
(C) continue to limit the access of the Tribes to water,
with economic and social consequences;
(D) prolong uncertainty relating to the availability of
water supplies; and
(E) seriously impair long-term economic planning and
development for all parties to the litigation;
(7) after many years of negotiation, the Tribes, the State,
and the upstream water users have entered into a settlement
agreement to resolve permanently all water rights of the
Tribes in the State; and
(8) the Tribes also seek to resolve certain water-related
claims for damages against the United States.
SEC. 10802. PURPOSES.
The purposes of this subtitle are--
(1) to resolve outstanding issues with respect to the East
Fork of the Owyhee River in the State in such a manner as to
provide important benefits to--
(A) the United States;
(B) the State;
(C) the Tribes; and
(D) the upstream water users;
(2) to achieve a fair, equitable, and final settlement of
all claims of the Tribes, members of the Tribes, and the
United States on behalf of the Tribes and members of Tribes
to the waters of the East Fork of the Owyhee River in the
State;
(3) to ratify and provide for the enforcement of the
Agreement among the parties to the litigation;
(4) to resolve the Tribes' water-related claims for damages
against the United States;
(5) to require the Secretary to perform all obligations of
the Secretary under the Agreement and this subtitle; and
(6) to authorize the actions and appropriations necessary
to meet the obligations of the United States under the
Agreement and this subtitle.
SEC. 10803. DEFINITIONS.
In this subtitle:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled the ``Agreement to Establish the Relative Water
Rights of the Shoshone-Paiute Tribes of the Duck Valley
Reservation and the Upstream Water Users, East Fork Owyhee
River'' and signed in counterpart between, on, or about
September 22, 2006, and January 15, 2007 (including all
attachments to that Agreement).
(2) Development fund.--The term ``Development Fund'' means
the Shoshone-Paiute Tribes Water Rights Development Fund
established by section 10807(b)(1).
(3) East fork of the owyhee river.--The term ``East Fork of
the Owyhee River'' means the portion of the east fork of the
Owyhee River that is located in the State.
(4) Maintenance fund.--The term ``Maintenance Fund'' means
the Shoshone-Paiute Tribes Operation and Maintenance Fund
established by section 10807(c)(1).
(5) Reservation.--The term ``Reservation'' means the Duck
Valley Reservation established by the Executive order dated
April 16, 1877, as adjusted pursuant to the Executive order
dated May 4, 1886, and Executive order numbered 1222 and
dated July 1, 1910, for use and occupation by the Western
Shoshones and the Paddy Cap Band of Paiutes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Nevada.
(8) Tribal water rights.--The term ``tribal water rights''
means rights of the Tribes described in the Agreement
relating to water, including groundwater, storage water, and
surface water.
(9) Tribes.--The term ``Tribes'' means the Shoshone-Paiute
Tribes of the Duck Valley Reservation.
(10) Upstream water user.--The term ``upstream water user''
means a non-Federal water user that--
(A) is located upstream from the Reservation on the East
Fork of the Owyhee River; and
(B) is a signatory to the Agreement as a party to the East
Fork of the Owyhee River adjudication.
SEC. 10804. APPROVAL, RATIFICATION, AND CONFIRMATION OF
AGREEMENT; AUTHORIZATION.
(a) In General.--Except as provided in subsection (c) and
except to the extent that the Agreement otherwise conflicts
with provisions of this subtitle, the Agreement is approved,
ratified, and confirmed.
(b) Secretarial Authorization.--The Secretary is authorized
and directed to execute the Agreement as approved by
Congress.
(c) Exception for Tribal Water Marketing.--Notwithstanding
any language in the Agreement to the contrary, nothing in
this subtitle authorizes the Tribes to use or authorize
others to use tribal water rights off the Reservation, other
than use for storage at Wild Horse Reservoir for use on
tribal land and for the allocation of 265 acre feet to
[[Page 7053]]
upstream water users under the Agreement, or use on tribal
land off the Reservation.
(d) Environmental Compliance.--Execution of the Agreement
by the Secretary under this section shall not constitute
major Federal action under the National Environmental Policy
Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out
all environmental compliance required by Federal law in
implementing the Agreement.
(e) Performance of Obligations.--The Secretary and any
other head of a Federal agency obligated under the Agreement
shall perform actions necessary to carry out an obligation
under the Agreement in accordance with this subtitle.
SEC. 10805. TRIBAL WATER RIGHTS.
(a) In General.--Tribal water rights shall be held in trust
by the United States for the benefit of the Tribes.
(b) Administration.--
(1) Enactment of water code.--Not later than 3 years after
the date of enactment of this Act, the Tribes, in accordance
with provisions of the Tribes' constitution and subject to
the approval of the Secretary, shall enact a water code to
administer tribal water rights.
(2) Interim administration.--The Secretary shall regulate
the tribal water rights during the period beginning on the
date of enactment of this Act and ending on the date on which
the Tribes enact a water code under paragraph (1).
(c) Tribal Water Rights Not Subject to Loss.--The tribal
water rights shall not be subject to loss by abandonment,
forfeiture, or nonuse.
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT.
(a) Status of the Duck Valley Indian Irrigation Project.--
Nothing in this subtitle shall affect the status of the Duck
Valley Indian Irrigation Project under Federal law.
(b) Capital Costs Nonreimbursable.--The capital costs
associated with the Duck Valley Indian Irrigation Project as
of the date of enactment of this Act, including any capital
cost incurred with funds distributed under this subtitle for
the Duck Valley Indian Irrigation Project, shall be
nonreimbursable.
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS.
(a) Definition of Funds.--In this section, the term
``Funds'' means--
(1) the Development Fund; and
(2) the Maintenance Fund.
(b) Development Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Water Rights Development Fund''.
(2) Use of funds.--
(A) Priority use of funds for rehabilitation.--The Tribes
shall use amounts in the Development Fund to--
(i) rehabilitate the Duck Valley Indian Irrigation Project;
or
(ii) for other purposes under subparagraph (B), provided
that the Tribes have given written notification to the
Secretary that--
(I) the Duck Valley Indian Irrigation Project has been
rehabilitated to an acceptable condition; or
(II) sufficient funds will remain available from the
Development Fund to rehabilitate the Duck Valley Indian
Irrigation Project to an acceptable condition after expending
funds for other purposes under subparagraph (B).
(B) Other uses of funds.--Once the Tribes have provided
written notification as provided in subparagraph (A)(ii)(I)
or (A)(ii)(II), the Tribes may use amounts from the
Development Fund for any of the following purposes:
(i) To expand the Duck Valley Indian Irrigation Project.
(ii) To pay or reimburse costs incurred by the Tribes in
acquiring land and water rights.
(iii) For purposes of cultural preservation.
(iv) To restore or improve fish or wildlife habitat.
(v) For fish or wildlife production, water resource
development, or agricultural development.
(vi) For water resource planning and development.
(vii) To pay the costs of--
(I) designing and constructing water supply and sewer
systems for tribal communities, including a water quality
testing laboratory;
(II) other appropriate water-related projects and other
related economic development projects;
(III) the development of a water code; and
(IV) other costs of implementing the Agreement.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for deposit in the
Development Fund $9,000,000 for each of fiscal years 2010
through 2014.
(c) Maintenance Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Shoshone-Paiute
Tribes Operation and Maintenance Fund''.
(2) Use of funds.--The Tribes shall use amounts in the
Maintenance Fund to pay or provide reimbursement for--
(A) operation, maintenance, and replacement costs of the
Duck Valley Indian Irrigation Project and other water-related
projects funded under this subtitle; or
(B) operation, maintenance, and replacement costs of water
supply and sewer systems for tribal communities, including
the operation and maintenance costs of a water quality
testing laboratory.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for deposit in the
Maintenance Fund $3,000,000 for each of fiscal years 2010
through 2014.
(d) Availability of Amounts From Funds.--Amounts made
available under subsections (b)(3) and (c)(3) shall be
available for expenditure or withdrawal only after the
effective date described in section 10808(d).
(e) Administration of Funds.--Upon completion of the
actions described in section 10808(d), the Secretary, in
accordance with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall manage the
Funds, including by investing amounts from the Funds in
accordance with the Act of April 1, 1880 (25 U.S.C. 161), and
the first section of the Act of June 24, 1938 (25 U.S.C.
162a).
(f) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Tribes may withdraw all or part of
amounts in the Funds on approval by the Secretary of a tribal
management plan as described in the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the tribal management plan shall
require that the Tribes spend any amounts withdrawn from the
Funds in accordance with the purposes described in subsection
(b)(2) or (c)(2).
(C) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from the
Funds under the plan are used in accordance with this
subtitle and the Agreement.
(D) Liability.--If the Tribes exercise the right to
withdraw amounts from the Funds, neither the Secretary nor
the Secretary of the Treasury shall retain any liability for
the expenditure or investment of the amounts.
(2) Expenditure plan.--
(A) In general.--The Tribes shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts in the Funds that the Tribes do not withdraw under
the tribal management plan.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts of the
Tribes remaining in the Funds will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this subtitle and the Agreement.
(D) Annual report.--For each Fund, the Tribes shall submit
to the Secretary an annual report that describes all
expenditures from the Fund during the year covered by the
report.
(3) Funding agreement.--Notwithstanding any other provision
of this subtitle, on receipt of a request from the Tribes,
the Secretary shall include an amount from funds made
available under this section in the funding agreement of the
Tribes under title IV of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aa et seq.), for use
in accordance with subsections (b)(2) and (c)(2). No amount
made available under this subtitle may be requested until the
waivers under section 10808(a) take effect.
(g) No Per Capita Payments.--No amount from the Funds
(including any interest income that would have accrued to the
Funds after the effective date) shall be distributed to a
member of the Tribes on a per capita basis.
SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) Waiver and Release of Claims by Tribes and United
States Acting as Trustee for Tribes.--In return for
recognition of the Tribes' water rights and other benefits as
set forth in the Agreement and this subtitle, the Tribes, on
behalf of themselves and their members, and the United States
acting in its capacity as trustee for the Tribes are
authorized to execute a waiver and release of--
(1) all claims for water rights in the State of Nevada that
the Tribes, or the United States acting in its capacity as
trustee for the Tribes, asserted, or could have asserted, in
any proceeding, including pending proceedings before the
Nevada State Engineer to determine the extent and nature of
the water rights of the Tribes in the East Fork of the Owyhee
River in Nevada, up to and including the effective date,
except to the extent that such rights are recognized in the
Agreement or this subtitle; and
(2) all claims for damages, losses or injuries to water
rights or claims of interference with, diversion or taking of
water rights (including claims for injury to lands resulting
from such damages, losses, injuries, interference with,
diversion, or taking of water rights) within the State of
Nevada that accrued at any time up to and including the
effective date.
[[Page 7054]]
(b) Waiver and Release of Claims by Tribes Against United
States.--The Tribes, on behalf of themselves and their
members, are authorized to execute a waiver and release of--
(1) all claims against the United States, its agencies, or
employees, relating in any manner to claims for water rights
in or water of the States of Nevada and Idaho that the United
States acting in its capacity as trustee for the Tribes
asserted, or could have asserted, in any proceeding,
including pending proceedings before the Nevada State
Engineer to determine the extent and nature of the water
rights of the Tribes in the East Fork of the Owyhee River in
Nevada, and the Snake River Basin Adjudication in Idaho;
(2) all claims against the United States, its agencies, or
employees relating in any manner to damages, losses, or
injuries to water, water rights, land, or other resources due
to loss of water or water rights (including damages, losses
or injuries to fishing and other similar rights due to loss
of water or water rights; claims relating to interference
with, diversion or taking of water; or claims relating to
failure to protect, acquire, replace, or develop water, water
rights or water infrastructure) within the States of Nevada
and Idaho that first accrued at any time up to and including
the effective date;
(3) all claims against the United States, its agencies, or
employees relating to the operation, maintenance, or
rehabilitation of the Duck Valley Indian Irrigation Project
that first accrued at any time up to and including the date
upon which the Tribes notify the Secretary as provided in
section 10807(b)(2)(A)(ii)(I) that the rehabilitation of the
Duck Valley Indian Irrigation Project under this subtitle to
an acceptable level has been accomplished;
(4) all claims against the United States, its agencies, or
employees relating in any manner to the litigation of claims
relating to the Tribes' water rights in pending proceedings
before the Nevada State Engineer to determine the extent and
nature of the water rights of the Tribes in the East Fork of
the Owyhee River in Nevada or the Snake River Basin
Adjudication in Idaho; and
(5) all claims against the United States, its agencies, or
employees relating in any manner to the negotiation,
execution, or adoption of the Agreement, exhibits thereto,
the decree referred to in subsection (d)(2), or this
subtitle.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases authorized in this
subtitle, the Tribes on their own behalf and the United
States acting in its capacity as trustee for the Tribes
retain--
(1) all claims for enforcement of the Agreement, the decree
referred to in subsection (d)(2), or this subtitle, through
such legal and equitable remedies as may be available in the
decree court or the appropriate Federal court;
(2) all rights to acquire a water right in a State to the
same extent as any other entity in the State, in accordance
with State law, and to use and protect water rights acquired
after the date of enactment of this Act;
(3) all claims relating to activities affecting the quality
of water including any claims the Tribes might have under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including
claims for damages to natural resources), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), and the
regulations implementing those Acts; and
(4) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
subtitle.
(d) Effective Date.--Notwithstanding anything in the
Agreement to the contrary, the waivers by the Tribes, or the
United States on behalf of the Tribes, under this section
shall take effect on the date on which the Secretary
publishes in the Federal Register a statement of findings
that includes a finding that--
(1) the Agreement and the waivers and releases authorized
and set forth in subsections (a) and (b) have been executed
by the parties and the Secretary;
(2) the Fourth Judicial District Court, Elko County,
Nevada, has issued a judgment and decree consistent with the
Agreement from which no further appeal can be taken; and
(3) the amounts authorized under subsections (b)(3) and
(c)(3) of section 10807 have been appropriated.
(e) Failure To Publish Statement of Findings.--If the
Secretary does not publish a statement of findings under
subsection (d) by March 31, 2016--
(1) the Agreement and this subtitle shall not take effect;
and
(2) any funds that have been appropriated under this
subtitle shall immediately revert to the general fund of the
United States Treasury.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the date on which
the amounts authorized to be appropriated under subsections
(b)(3) and (c)(3) of section 10807 are appropriated.
(2) Effect of subparagraph.--Nothing in this subparagraph
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
SEC. 10809. MISCELLANEOUS.
(a) General Disclaimer.--The parties to the Agreement
expressly reserve all rights not specifically granted,
recognized, or relinquished by--
(1) the settlement described in the Agreement; or
(2) this subtitle.
(b) Limitation of Claims and Rights.--Nothing in this
subtitle--
(1) establishes a standard for quantifying--
(A) a Federal reserved water right;
(B) an aboriginal claim; or
(C) any other water right claim of an Indian tribe in a
judicial or administrative proceeding;
(2) affects the ability of the United States, acting in its
sovereign capacity, to take actions authorized by law,
including any laws relating to health, safety, or the
environment, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et
seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) (commonly known as the ``Resource Conservation and
Recovery Act of 1976''), and the regulations implementing
those Acts;
(3) affects the ability of the United States to take
actions, acting in its capacity as trustee for any other
Tribe, Pueblo, or allottee;
(4) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes; or
(5) limits the right of a party to the Agreement to
litigate any issue not resolved by the Agreement or this
subtitle.
(c) Admission Against Interest.--Nothing in this subtitle
constitutes an admission against interest by a party in any
legal proceeding.
(d) Reservation.--The Reservation shall be--
(1) considered to be the property of the Tribes; and
(2) permanently held in trust by the United States for the
sole use and benefit of the Tribes.
(e) Jurisdiction.--
(1) Subject matter jurisdiction.--Nothing in the Agreement
or this subtitle restricts, enlarges, or otherwise determines
the subject matter jurisdiction of any Federal, State, or
tribal court.
(2) Civil or regulatory jurisdiction.--Nothing in the
Agreement or this subtitle impairs or impedes the exercise of
any civil or regulatory authority of the United States, the
State, or the Tribes.
(3) Consent to jurisdiction.--The United States consents to
jurisdiction in a proper forum for purposes of enforcing the
provisions of the Agreement.
(4) Effect of subsection.--Nothing in this subsection
confers jurisdiction on any State court to--
(A) interpret Federal law regarding the health, safety, or
the environment or determine the duties of the United States
or other parties pursuant to such Federal law; or
(B) conduct judicial review of a Federal agency action.
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING
ACT OF 1992.
(a) Findings.--Section 2(a) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75
percent of the United States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland and''
after ``planning for'';
(B) in subparagraph (E), by striking ``predicting'' and
inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after the
semicolon at the end;
(D) by redesignating subparagraph (J) as subparagraph (K);
and
(E) by inserting after subparagraph (I) the following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and
inserting ``available''.
(b) Purpose.--Section 2(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ``and
management'' before the period at the end.
(c) Deadlines for Actions by the United States Geological
Survey.--Section 4(b)(1) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second
sentence--
(1) in subparagraph (A), by striking ``not later than'' and
all that follows through the semicolon and inserting ``not
later than 1 year after the date of enactment of the Omnibus
Public Land Management Act of 2009;'';
[[Page 7055]]
(2) in subparagraph (B), by striking ``not later than'' and
all that follows through ``in accordance'' and inserting
``not later than 1 year after the date of enactment of the
Omnibus Public Land Management Act of 2009 in accordance'';
and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ``not later than'' and all that follows through
``submit'' and inserting ``submit biennially''.
(d) Geologic Mapping Program Objectives.--Section 4(c)(2)
of the National Geologic Mapping Act of 1992 (43 U.S.C.
31c(c)(2)) is amended--
(1) by striking ``geophysical-map data base, geochemical-
map data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.
(e) Geologic Mapping Program Components.--Section
4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31c(d)(1)(B)(ii)) is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(III) the needs of land management agencies of the
Department of the Interior.''.
(f) Geologic Mapping Advisory Committee.--
(1) Membership.--Section 5(a) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended--
(A) in paragraph (2)--
(i) by inserting ``the Secretary of the Interior or a
designee from a land management agency of the Department of
the Interior,'' after ``Administrator of the Environmental
Protection Agency or a designee,'';
(ii) by inserting ``and'' after ``Energy or a designee,'';
and
(iii) by striking ``, and the Assistant to the President
for Science and Technology or a designee''; and
(B) in paragraph (3)--
(i) by striking ``Not later than'' and all that follows
through ``consultation'' and inserting ``In consultation'';
(ii) by striking ``Chief Geologist, as Chairman'' and
inserting ``Associate Director for Geology, as Chair''; and
(iii) by striking ``one representative from the private
sector'' and inserting ``2 representatives from the private
sector''.
(2) Duties.--Section 5(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31d(b)) is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) provide a scientific overview of geologic maps
(including maps of geologic-based hazards) used or
disseminated by Federal agencies for regulation or land-use
planning; and''.
(3) Conforming amendment.--Section 5(a)(1) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended
by striking ``10-member'' and inserting ``11-member''.
(g) Functions of National Geologic-Map Database.--Section
7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C.
31f(a)) is amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) all maps developed with funding provided by the
National Cooperative Geologic Mapping Program, including
under the Federal, State, and education components;''.
(h) Biennial Report.--Section 8 of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking
``Not later'' and all that follows through ``biennially'' and
inserting ``Not later than 3 years after the date of
enactment of the Omnibus Public Land Management Act of 2009
and biennially''.
(i) Authorization of Appropriations; Allocation.--Section 9
of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated
to carry out this Act $64,000,000 for each of fiscal years
2009 through 2018.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and inserting
``50''; and
(C) in paragraph (2), by striking 2 and inserting ``4''.
SEC. 11002. NEW MEXICO WATER RESOURCES STUDY.
(a) In General.--The Secretary of the Interior, acting
through the Director of the United States Geological Survey
(referred to in this section as the ``Secretary''), in
coordination with the State of New Mexico (referred to in
this section as the ``State'') and any other entities that
the Secretary determines to be appropriate (including other
Federal agencies and institutions of higher education),
shall, in accordance with this section and any other
applicable law, conduct a study of water resources in the
State, including--
(1) a survey of groundwater resources, including an
analysis of--
(A) aquifers in the State, including the quantity of water
in the aquifers;
(B) the availability of groundwater resources for human
use;
(C) the salinity of groundwater resources;
(D) the potential of the groundwater resources to recharge;
(E) the interaction between groundwater and surface water;
(F) the susceptibility of the aquifers to contamination;
and
(G) any other relevant criteria; and
(2) a characterization of surface and bedrock geology,
including the effect of the geology on groundwater yield and
quality.
(b) Study Areas.--The study carried out under subsection
(a) shall include the Estancia Basin, Salt Basin, Tularosa
Basin, Hueco Basin, and middle Rio Grande Basin in the State.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives a
report that describes the results of the study.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
TITLE XII--OCEANS
Subtitle A--Ocean Exploration
PART I--EXPLORATION
SEC. 12001. PURPOSE.
The purpose of this part is to establish the national ocean
exploration program and the national undersea research
program within the National Oceanic and Atmospheric
Administration.
SEC. 12002. PROGRAM ESTABLISHED.
The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National
Science Foundation and other appropriate Federal agencies,
establish a coordinated national ocean exploration program
within the National Oceanic and Atmospheric Administration
that promotes collaboration with other Federal ocean and
undersea research and exploration programs. To the extent
appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems,
outreach and education programs to improve public
understanding of ocean and coastal resources, and development
and transfer of technologies to facilitate ocean and undersea
research and exploration.
SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR.
(a) In General.--In carrying out the program authorized by
section 12002, the Administrator of the National Oceanic and
Atmospheric Administration shall--
(1) conduct interdisciplinary voyages or other scientific
activities in conjunction with other Federal agencies or
academic or educational institutions, to explore and survey
little known areas of the marine environment, inventory,
observe, and assess living and nonliving marine resources,
and report such findings;
(2) give priority attention to deep ocean regions, with a
focus on deep water marine systems that hold potential for
important scientific discoveries, such as hydrothermal vent
communities and seamounts;
(3) conduct scientific voyages to locate, define, and
document historic shipwrecks, submerged sites, and other
ocean exploration activities that combine archaeology and
oceanographic sciences;
(4) develop and implement, in consultation with the
National Science Foundation, a transparent, competitive
process for merit-based peer-review and approval of proposals
for activities to be conducted under this program, taking
into consideration advice of the Board established under
section 12005;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation,
and data collection systems, as well as underwater platforms
and sensor and autonomous vehicles; and
(6) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and
other stakeholders in order to enhance the scientific and
technical expertise and relevance of the national program.
(b) Donations.--The Administrator may accept donations of
property, data, and equipment to be applied for the purpose
of exploring the oceans or increasing knowledge of the
oceans.
SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH
TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, in coordination with the
National Science Foundation, the National Aeronautics and
Space Administration, the United States Geological Survey,
the Department of the Navy, the Mineral Management Service,
and relevant governmental, non-governmental, academic,
industry, and other experts, shall convene an ocean
exploration and undersea research technology and
infrastructure task force to develop and implement a
strategy--
[[Page 7056]]
(1) to facilitate transfer of new exploration and undersea
research technology to the programs authorized under this
part and part II of this subtitle;
(2) to improve availability of communications
infrastructure, including satellite capabilities, to such
programs;
(3) to develop an integrated, workable, and comprehensive
data management information processing system that will make
information on unique and significant features obtained by
such programs available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and
processes, in conjunction with relevant programs of the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and other agencies; and
(5) to encourage cost-sharing partnerships with
governmental and nongovernmental entities that will assist in
transferring exploration and undersea research technology and
technical expertise to the programs.
(b) Budget Coordination.--The task force shall coordinate
the development of agency budgets and identify the items in
their annual budget that support the activities identified in
the strategy developed under subsection (a).
SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD.
(a) Establishment.--The Administrator of the National
Oceanic and Atmospheric Administration shall appoint an Ocean
Exploration Advisory Board composed of experts in relevant
fields--
(1) to advise the Administrator on priority areas for
survey and discovery;
(2) to assist the program in the development of a 5-year
strategic plan for the fields of ocean, marine, and Great
Lakes science, exploration, and discovery;
(3) to annually review the quality and effectiveness of the
proposal review process established under section
12003(a)(4); and
(4) to provide other assistance and advice as requested by
the Administrator.
(b) Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board appointed under subsection (a).
(c) Application With Outer Continental Shelf Lands Act.--
Nothing in part supersedes, or limits the authority of the
Secretary of the Interior under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.).
SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out this
part--
(1) $33,550,000 for fiscal year 2009;
(2) $36,905,000 for fiscal year 2010;
(3) $40,596,000 for fiscal year 2011;
(4) $44,655,000 for fiscal year 2012;
(5) $49,121,000 for fiscal year 2013;
(6) $54,033,000 for fiscal year 2014; and
(7) $59,436,000 for fiscal year 2015.
PART II--NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
SEC. 12101. SHORT TITLE.
This part may be cited as the ``NOAA Undersea Research
Program Act of 2009''.
SEC. 12102. PROGRAM ESTABLISHED.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration shall establish and maintain
an undersea research program and shall designate a Director
of that program.
(b) Purpose.--The purpose of the program is to increase
scientific knowledge essential for the informed management,
use, and preservation of oceanic, marine, and coastal areas
and the Great Lakes.
SEC. 12103. POWERS OF PROGRAM DIRECTOR.
The Director of the program, in carrying out the program,
shall--
(1) cooperate with institutions of higher education and
other educational marine and ocean science organizations, and
shall make available undersea research facilities, equipment,
technologies, information, and expertise to support undersea
research efforts by these organizations;
(2) enter into partnerships, as appropriate and using
existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement
of the marine industry; and
(3) coordinate the development of agency budgets and
identify the items in their annual budget that support the
activities described in paragraphs (1) and (2).
SEC. 12104. ADMINISTRATIVE STRUCTURE.
(a) In General.--The program shall be conducted through a
national headquarters, a network of extramural regional
undersea research centers that represent all relevant
National Oceanic and Atmospheric Administration regions, and
the National Institute for Undersea Science and Technology.
(b) Direction.--The Director shall develop the overall
direction of the program in coordination with a Council of
Center Directors comprised of the directors of the extramural
regional centers and the National Institute for Undersea
Science and Technology. The Director shall publish a draft
program direction document not later than 1 year after the
date of enactment of this Act in the Federal Register for a
public comment period of not less than 120 days. The Director
shall publish a final program direction, including responses
to the comments received during the public comment period, in
the Federal Register within 90 days after the close of the
comment period. The program director shall update the program
direction, with opportunity for public comment, at least
every 5 years.
SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY
PROGRAMS.
(a) In General.--The following research, exploration,
education, and technology programs shall be conducted through
the network of regional centers and the National Institute
for Undersea Science and Technology:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support the
National Oceanic and Atmospheric Administration's research
mission and programs.
(3) Undersea science-based education and outreach programs
to enrich ocean science education and public awareness of the
oceans and Great Lakes.
(4) Development, testing, and transition of advanced
undersea technology associated with ocean observatories,
submersibles, advanced diving technologies, remotely operated
vehicles, autonomous underwater vehicles, and new sampling
and sensing technologies.
(5) Discovery, study, and development of natural resources
and products from ocean, coastal, and aquatic systems.
(b) Operations.--The Director of the program, through
operation of the extramural regional centers and the National
Institute for Undersea Science and Technology, shall leverage
partnerships and cooperative research with academia and
private industry.
SEC. 12106. COMPETITIVENESS.
(a) Discretionary Fund.--The Program shall allocate no more
than 10 percent of its annual budget to a discretionary fund
that may be used only for program administration and priority
undersea research projects identified by the Director but not
covered by funding available from centers.
(b) Competitive Selection.--The Administrator shall conduct
an initial competition to select the regional centers that
will participate in the program 90 days after the publication
of the final program direction under section 12104 and every
5 years thereafter. Funding for projects conducted through
the regional centers shall be awarded through a competitive,
merit-reviewed process on the basis of their relevance to the
goals of the program and their technical feasibility.
SEC. 12107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration--
(1) for fiscal year 2009--
(A) $13,750,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $5,500,000 for the National Technology Institute;
(2) for fiscal year 2010--
(A) $15,125,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,050,000 for the National Technology Institute;
(3) for fiscal year 2011--
(A) $16,638,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,655,000 for the National Technology Institute;
(4) for fiscal year 2012--
(A) $18,301,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $7,321,000 for the National Technology Institute;
(5) for fiscal year 2013--
(A) $20,131,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,053,000 for the National Technology Institute;
(6) for fiscal year 2014--
(A) $22,145,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,859,000 for the National Technology Institute; and
(7) for fiscal year 2015--
(A) $24,359,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $9,744,000 for the National Technology Institute.
Subtitle B--Ocean and Coastal Mapping Integration Act
SEC. 12201. SHORT TITLE.
This subtitle may be cited as the ``Ocean and Coastal
Mapping Integration Act''.
SEC. 12202. ESTABLISHMENT OF PROGRAM.
(a) In General.--The President, in coordination with the
Interagency Committee on Ocean and Coastal Mapping and
affected
[[Page 7057]]
coastal states, shall establish a program to develop a
coordinated and comprehensive Federal ocean and coastal
mapping plan for the Great Lakes and coastal state waters,
the territorial sea, the exclusive economic zone, and the
continental shelf of the United States that enhances
ecosystem approaches in decision-making for conservation and
management of marine resources and habitats, establishes
research and mapping priorities, supports the siting of
research and other platforms, and advances ocean and coastal
science.
(b) Membership.--The Committee shall be comprised of high-
level representatives of the Department of Commerce, through
the National Oceanic and Atmospheric Administration, the
Department of the Interior, the National Science Foundation,
the Department of Defense, the Environmental Protection
Agency, the Department of Homeland Security, the National
Aeronautics and Space Administration, and other appropriate
Federal agencies involved in ocean and coastal mapping.
(c) Program Parameters.--In developing such a program, the
President, through the Committee, shall--
(1) identify all Federal and federally-funded programs
conducting shoreline delineation and ocean or coastal
mapping, noting geographic coverage, frequency, spatial
coverage, resolution, and subject matter focus of the data
and location of data archives;
(2) facilitate cost-effective, cooperative mapping efforts
that incorporate policies for contracting with non-
governmental entities among all Federal agencies conducting
ocean and coastal mapping, by increasing data sharing,
developing appropriate data acquisition and metadata
standards, and facilitating the interoperability of in situ
data collection systems, data processing, archiving, and
distribution of data products;
(3) facilitate the adaptation of existing technologies as
well as foster expertise in new ocean and coastal mapping
technologies, including through research, development, and
training conducted among Federal agencies and in cooperation
with non-governmental entities;
(4) develop standards and protocols for testing innovative
experimental mapping technologies and transferring new
technologies between the Federal Government, coastal state,
and non-governmental entities;
(5) provide for the archiving, management, and distribution
of data sets through a national registry as well as provide
mapping products and services to the general public in
service of statutory requirements;
(6) develop data standards and protocols consistent with
standards developed by the Federal Geographic Data Committee
for use by Federal, coastal state, and other entities in
mapping and otherwise documenting locations of federally
permitted activities, living and nonliving coastal and marine
resources, marine ecosystems, sensitive habitats, submerged
cultural resources, undersea cables, offshore aquaculture
projects, offshore energy projects, and any areas designated
for purposes of environmental protection or conservation and
management of living and nonliving coastal and marine
resources;
(7) identify the procedures to be used for coordinating the
collection and integration of Federal ocean and coastal
mapping data with coastal state and local government
programs;
(8) facilitate, to the extent practicable, the collection
of real-time tide data and the development of hydrodynamic
models for coastal areas to allow for the application of V-
datum tools that will facilitate the seamless integration of
onshore and offshore maps and charts;
(9) establish a plan for the acquisition and collection of
ocean and coastal mapping data; and
(10) set forth a timetable for completion and
implementation of the plan.
SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL
MAPPING.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration, within 30 days after the date
of enactment of this Act, shall convene or utilize an
existing interagency committee on ocean and coastal mapping
to implement section 12202.
(b) Membership.--The committee shall be comprised of senior
representatives from Federal agencies with ocean and coastal
mapping and surveying responsibilities. The representatives
shall be high-ranking officials of their respective agencies
or departments and, whenever possible, the head of the
portion of the agency or department that is most relevant to
the purposes of this subtitle. Membership shall include
senior representatives from the National Oceanic and
Atmospheric Administration, the Chief of Naval Operations,
the United States Geological Survey, the Minerals Management
Service, the National Science Foundation, the National
Geospatial-Intelligence Agency, the United States Army Corps
of Engineers, the Coast Guard, the Environmental Protection
Agency, the Federal Emergency Management Agency, the National
Aeronautics and Space Administration, and other appropriate
Federal agencies involved in ocean and coastal mapping.
(c) Co-Chairmen.--The Committee shall be co-chaired by the
representative of the Department of Commerce and a
representative of the Department of the Interior.
(d) Subcommittee.--The co-chairmen shall establish a
subcommittee to carry out the day-to-day work of the
Committee, comprised of senior representatives of any member
agency of the committee. Working groups may be formed by the
full Committee to address issues of short duration. The
subcommittee shall be chaired by the representative from the
National Oceanic and Atmospheric Administration. The chairmen
of the Committee may create such additional subcommittees and
working groups as may be needed to carry out the work of
Committee.
(e) Meetings.--The committee shall meet on a quarterly
basis, but each subcommittee and each working group shall
meet on an as-needed basis.
(f) Coordination.--The committee shall coordinate
activities when appropriate, with--
(1) other Federal efforts, including the Digital Coast,
Geospatial One-Stop, and the Federal Geographic Data
Committee;
(2) international mapping activities;
(3) coastal states;
(4) user groups through workshops and other appropriate
mechanisms; and
(5) representatives of nongovernmental entities.
(g) Advisory Panel.--The Administrator may convene an ocean
and coastal mapping advisory panel consisting of
representatives from non-governmental entities to provide
input regarding activities of the committee in consultation
with the interagency committee.
SEC. 12204. BIENNIAL REPORTS.
No later than 18 months after the date of enactment of this
Act, and biennially thereafter, the co-chairmen of the
Committee shall transmit to the Committees on Commerce,
Science, and Transportation and Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report detailing progress made in
implementing this subtitle, including--
(1) an inventory of ocean and coastal mapping data within
the territorial sea and the exclusive economic zone and
throughout the Continental Shelf of the United States, noting
the age and source of the survey and the spatial resolution
(metadata) of the data;
(2) identification of priority areas in need of survey
coverage using present technologies;
(3) a resource plan that identifies when priority areas in
need of modern ocean and coastal mapping surveys can be
accomplished;
(4) the status of efforts to produce integrated digital
maps of ocean and coastal areas;
(5) a description of any products resulting from
coordinated mapping efforts under this subtitle that improve
public understanding of the coasts and oceans, or regulatory
decisionmaking;
(6) documentation of minimum and desired standards for data
acquisition and integrated metadata;
(7) a statement of the status of Federal efforts to
leverage mapping technologies, coordinate mapping activities,
share expertise, and exchange data;
(8) a statement of resource requirements for organizations
to meet the goals of the program, including technology needs
for data acquisition, processing, and distribution systems;
(9) a statement of the status of efforts to declassify data
gathered by the Navy, the National Geospatial-Intelligence
Agency, and other agencies to the extent possible without
jeopardizing national security, and make it available to
partner agencies and the public;
(10) a resource plan for a digital coast integrated mapping
pilot project for the northern Gulf of Mexico that will--
(A) cover the area from the authorized coastal counties
through the territorial sea;
(B) identify how such a pilot project will leverage public
and private mapping data and resources, such as the United
States Geological Survey National Map, to result in an
operational coastal change assessment program for the
subregion;
(11) the status of efforts to coordinate Federal programs
with coastal state and local government programs and leverage
those programs;
(12) a description of efforts of Federal agencies to
increase contracting with nongovernmental entities; and
(13) an inventory and description of any new Federal or
federally funded programs conducting shoreline delineation
and ocean or coastal mapping since the previous reporting
cycle.
SEC. 12205. PLAN.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation
with the Committee, shall develop and submit to the Congress
a plan for an integrated ocean and coastal mapping initiative
within the National Oceanic and Atmospheric Administration.
(b) Plan Requirements.--The plan shall--
(1) identify and describe all ocean and coastal mapping
programs within the agency, including those that conduct
mapping or related activities in the course of existing
[[Page 7058]]
missions, such as hydrographic surveys, ocean exploration
projects, living marine resource conservation and management
programs, coastal zone management projects, and ocean and
coastal observations and science projects;
(2) establish priority mapping programs and establish and
periodically update priorities for geographic areas in
surveying and mapping across all missions of the National
Oceanic and Atmospheric Administration, as well as minimum
data acquisition and metadata standards for those programs;
(3) encourage the development of innovative ocean and
coastal mapping technologies and applications, through
research and development through cooperative or other
agreements with joint or cooperative research institutes or
centers and with other non-governmental entities;
(4) document available and developing technologies, best
practices in data processing and distribution, and leveraging
opportunities with other Federal agencies, coastal states,
and non-governmental entities;
(5) identify training, technology, and other resource
requirements for enabling the National Oceanic and
Atmospheric Administration's programs, vessels, and aircraft
to support a coordinated ocean and coastal mapping program;
(6) identify a centralized mechanism or office for
coordinating data collection, processing, archiving, and
dissemination activities of all such mapping programs within
the National Oceanic and Atmospheric Administration that
meets Federal mandates for data accuracy and accessibility
and designate a repository that is responsible for archiving
and managing the distribution of all ocean and coastal
mapping data to simplify the provision of services to benefit
Federal and coastal state programs; and
(7) set forth a timetable for implementation and completion
of the plan, including a schedule for submission to the
Congress of periodic progress reports and recommendations for
integrating approaches developed under the initiative into
the interagency program.
(c) NOAA Joint Ocean and Coastal Mapping Centers.--The
Administrator may maintain and operate up to 3 joint ocean
and coastal mapping centers, including a joint hydrographic
center, which shall each be co-located with an institution of
higher education. The centers shall serve as hydrographic
centers of excellence and may conduct activities necessary to
carry out the purposes of this subtitle, including--
(1) research and development of innovative ocean and
coastal mapping technologies, equipment, and data products;
(2) mapping of the United States Outer Continental Shelf
and other regions;
(3) data processing for nontraditional data and uses;
(4) advancing the use of remote sensing technologies, for
related issues, including mapping and assessment of essential
fish habitat and of coral resources, ocean observations, and
ocean exploration; and
(5) providing graduate education and training in ocean and
coastal mapping sciences for members of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps,
personnel of other agencies with ocean and coastal mapping
programs, and civilian personnel.
(d) NOAA Report.--The Administrator shall continue
developing a strategy for expanding contracting with non-
governmental entities to minimize duplication and take
maximum advantage of nongovernmental capabilities in
fulfilling the Administration's mapping and charting
responsibilities. Within 120 days after the date of enactment
of this Act, the Administrator shall transmit a report
describing the strategy developed under this subsection to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of the House of
Representatives.
SEC. 12206. EFFECT ON OTHER LAWS.
Nothing in this subtitle shall be construed to supersede or
alter the existing authorities of any Federal agency with
respect to ocean and coastal mapping.
SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to the amounts authorized by
section 306 of the Hydrographic Services Improvement Act of
1998 (33 U.S.C. 892d), there are authorized to be
appropriated to the Administrator to carry out this
subtitle--
(1) $26,000,000 for fiscal year 2009;
(2) $32,000,000 for fiscal year 2010;
(3) $38,000,000 for fiscal year 2011; and
(4) $45,000,000 for each of fiscal years 2012 through 2015.
(b) Joint Ocean and Coastal Mapping Centers.--Of the
amounts appropriated pursuant to subsection (a), the
following amounts shall be used to carry out section 12205(c)
of this subtitle:
(1) $11,000,000 for fiscal year 2009.
(2) $12,000,000 for fiscal year 2010.
(3) $13,000,000 for fiscal year 2011.
(4) $15,000,000 for each of fiscal years 2012 through 2015.
(c) Cooperative Agreements.--To carry out interagency
activities under section 12203 of this subtitle, the head of
any department or agency may execute a cooperative agreement
with the Administrator, including those authorized by section
5 of the Act of August 6, 1947 (33 U.S.C. 883e).
SEC. 12208. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator''' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4).
(3) Committee.--The term ``Committee'' means the
Interagency Ocean and Coastal Mapping Committee established
by section 12203.
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the exclusive economic zone of the United States
established by Presidential Proclamation No. 5030, of March
10, 1983.
(5) Ocean and coastal mapping.--The term ``ocean and
coastal mapping'' means the acquisition, processing, and
management of physical, biological, geological, chemical, and
archaeological characteristics and boundaries of ocean and
coastal areas, resources, and sea beds through the use of
acoustics, satellites, aerial photogrammetry, light and
imaging, direct sampling, and other mapping technologies.
(6) Territorial sea.--The term ``territorial sea'' means
the belt of sea measured from the baseline of the United
States determined in accordance with international law, as
set forth in Presidential Proclamation Number 5928, dated
December 27, 1988.
(7) Nongovernmental entities.--The term ``nongovernmental
entities'' includes nongovernmental organizations, members of
the academic community, and private sector organizations that
provide products and services associated with measuring,
locating, and preparing maps, charts, surveys, aerial
photographs, satellite imagines, or other graphical or
digital presentations depicting natural or manmade physical
features, phenomena, and legal boundaries of the Earth.
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' means all submerged lands lying seaward and outside
of lands beneath navigable waters (as that term is defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and
of which the subsoil and seabed appertain to the United
States and are subject to its jurisdiction and control.
Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ``Integrated Coastal and
Ocean Observation System Act of 2009''.
SEC. 12302. PURPOSES.
The purposes of this subtitle are to--
(1) establish a national integrated System of ocean,
coastal, and Great Lakes observing systems, comprised of
Federal and non-Federal components coordinated at the
national level by the National Ocean Research Leadership
Council and at the regional level by a network of regional
information coordination entities, and that includes in situ,
remote, and other coastal and ocean observation,
technologies, and data management and communication systems,
and is designed to address regional and national needs for
ocean information, to gather specific data on key coastal,
ocean, and Great Lakes variables, and to ensure timely and
sustained dissemination and availability of these data to--
(A) support national defense, marine commerce, navigation
safety, weather, climate, and marine forecasting, energy
siting and production, economic development, ecosystem-based
marine, coastal, and Great Lakes resource management, public
safety, and public outreach training and education;
(B) promote greater public awareness and stewardship of the
Nation's ocean, coastal, and Great Lakes resources and the
general public welfare; and
(C) enable advances in scientific understanding to support
the sustainable use, conservation, management, and
understanding of healthy ocean, coastal, and Great Lakes
resources;
(2) improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly
to weather and climate change, natural climate variability,
and interactions between the oceanic and atmospheric
environments, including the Great Lakes; and
(3) authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of
weather and climate, ocean-atmosphere dynamics, global
climate change, physical, chemical, and biological dynamics
of the ocean, coastal and Great Lakes environments, and to
conserve healthy and restore degraded coastal ecosystems.
SEC. 12303. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator
[[Page 7059]]
of the National Oceanic and Atmospheric Administration.
(2) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established by section 7902 of
title 10, United States Code.
(3) Federal assets.--The term ``Federal assets'' means all
relevant non-classified civilian coastal and ocean
observations, technologies, and related modeling, research,
data management, basic and applied technology research and
development, and public education and outreach programs, that
are managed by member agencies of the Council.
(4) Interagency ocean observation committee.--The term
``Interagency Ocean Observation Committee'' means the
committee established under section 12304(c)(2).
(5) Non-federal assets.--The term ``non-Federal assets''
means all relevant coastal and ocean observation
technologies, related basic and applied technology research
and development, and public education and outreach programs
that are integrated into the System and are managed through
States, regional organizations, universities, nongovernmental
organizations, or the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``regional information
coordination entity'' means an organizational body that is
certified or established by contract or memorandum by the
lead Federal agency designated in section 12304(c)(3) of this
subtitle and coordinates State, Federal, local, and private
interests at a regional level with the responsibility of
engaging the private and public sectors in designing,
operating, and improving regional coastal and ocean observing
systems in order to ensure the provision of data and
information that meet the needs of user groups from the
respective regions.
(B) Certain included associations.--The term ``regional
information coordination entity'' includes regional
associations described in the System Plan.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the National Oceanic and
Atmospheric Administration.
(8) System.--The term ``System'' means the National
Integrated Coastal and Ocean Observation System established
under section 12304.
(9) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean. US Publication
No. 9, The First Integrated Ocean Observing System (IOOS)
Development Plan'', as updated by the Council under this
subtitle.
SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a) Establishment.--The President, acting through the
Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth in
section 12302 of this subtitle and the System Plan and to
fulfill the Nation's international obligations to contribute
to the Global Earth Observation System of Systems and the
Global Ocean Observing System.
(b) System Elements.--
(1) In general.--In order to fulfill the purposes of this
subtitle, the System shall be national in scope and consist
of--
(A) Federal assets to fulfill national and international
observation missions and priorities;
(B) non-Federal assets, including a network of regional
information coordination entities identified under subsection
(c)(4), to fulfill regional observation missions and
priorities;
(C) data management, communication, and modeling systems
for the timely integration and dissemination of data and
information products from the System;
(D) a research and development program conducted under the
guidance of the Council, consisting of--
(i) basic and applied research and technology development
to improve understanding of coastal and ocean systems and
their relationships to human activities and to ensure
improvement of operational assets and products, including
related infrastructure, observing technologies, and
information and data processing and management technologies;
and
(ii) large scale computing resources and research to
advance modeling of coastal and ocean processes.
(2) Enhancing administration and management.--The head of
each Federal agency that has administrative jurisdiction over
a Federal asset shall support the purposes of this subtitle
and may take appropriate actions to enhance internal agency
administration and management to better support, integrate,
finance, and utilize observation data, products, and services
developed under this section to further its own agency
mission and responsibilities.
(3) Availability of data.--The head of each Federal agency
that has administrative jurisdiction over a Federal asset
shall make available data that are produced by that asset and
that are not otherwise restricted for integration,
management, and dissemination by the System.
(4) Non-federal assets.--Non-Federal assets shall be
coordinated, as appropriate, by the Interagency Ocean
Observing Committee or by regional information coordination
entities.
(c) Policy Oversight, Administration, and Regional
Coordination.--
(1) Council functions.--The Council shall serve as the
policy and coordination oversight body for all aspects of the
System. In carrying out its responsibilities under this
subtitle, the Council shall--
(A) approve and adopt comprehensive System budgets
developed and maintained by the Interagency Ocean Observation
Committee to support System operations, including operations
of both Federal and non-Federal assets;
(B) ensure coordination of the System with other domestic
and international earth observing activities including the
Global Ocean Observing System and the Global Earth Observing
System of Systems, and provide, as appropriate, support for
and representation on United States delegations to
international meetings on coastal and ocean observing
programs; and
(C) encourage coordinated intramural and extramural
research and technology development, and a process to
transition developing technology and methods into operations
of the System.
(2) Interagency ocean observation committee.--The Council
shall establish or designate an Interagency Ocean Observation
Committee which shall--
(A) prepare annual and long-term plans for consideration
and approval by the Council for the integrated design,
operation, maintenance, enhancement and expansion of the
System to meet the objectives of this subtitle and the System
Plan;
(B) develop and transmit to Congress at the time of
submission of the President's annual budget request an annual
coordinated, comprehensive budget to operate all elements of
the System identified in subsection (b), and to ensure
continuity of data streams from Federal and non-Federal
assets;
(C) establish required observation data variables to be
gathered by both Federal and non-Federal assets and identify,
in consultation with regional information coordination
entities, priorities for System observations;
(D) establish protocols and standards for System data
processing, management, and communication;
(E) develop contract certification standards and compliance
procedures for all non-Federal assets, including regional
information coordination entities, to establish eligibility
for integration into the System and to ensure compliance with
all applicable standards and protocols established by the
Council, and ensure that regional observations are integrated
into the System on a sustained basis;
(F) identify gaps in observation coverage or needs for
capital improvements of both Federal assets and non-Federal
assets;
(G) subject to the availability of appropriations,
establish through one or more participating Federal agencies,
in consultation with the System advisory committee
established under subsection (d), a competitive matching
grant or other programs--
(i) to promote intramural and extramural research and
development of new, innovative, and emerging observation
technologies including testing and field trials; and
(ii) to facilitate the migration of new, innovative, and
emerging scientific and technological advances from research
and development to operational deployment;
(H) periodically review and recommend to the Council, in
consultation with the Administrator, revisions to the System
Plan;
(I) ensure collaboration among Federal agencies
participating in the activities of the Committee; and
(J) perform such additional duties as the Council may
delegate.
(3) Lead federal agency.--The National Oceanic and
Atmospheric Administration shall function as the lead Federal
agency for the implementation and administration of the
System, in consultation with the Council, the Interagency
Ocean Observation Committee, other Federal agencies that
maintain portions of the System, and the regional information
coordination entities, and shall--
(A) establish an Integrated Ocean Observing Program Office
within the National Oceanic and Atmospheric Administration
utilizing to the extent necessary, personnel from member
agencies participating on the Interagency Ocean Observation
Committee, to oversee daily operations and coordination of
the System;
(B) implement policies, protocols, and standards approved
by the Council and delegated by the Interagency Ocean
Observing Committee;
(C) promulgate program guidelines to certify and integrate
non-Federal assets, including regional information
coordination entities, into the System to provide regional
coastal and ocean observation data that meet the needs of
user groups from the respective regions;
(D) have the authority to enter into and oversee contracts,
leases, grants or cooperative agreements with non-Federal
assets, including regional information coordination entities,
to support the purposes of this subtitle on such terms as the
Administrator deems appropriate;
(E) implement a merit-based, competitive funding process to
support non-Federal assets, including the development and
maintenance of a network of regional information
[[Page 7060]]
coordination entities, and develop and implement a process
for the periodic review and evaluation of all non-Federal
assets, including regional information coordination entities;
(F) provide opportunities for competitive contracts and
grants for demonstration projects to design, develop,
integrate, deploy, and support components of the System;
(G) establish efficient and effective administrative
procedures for allocation of funds among contractors,
grantees, and non-Federal assets, including regional
information coordination entities in a timely manner, and
contingent on appropriations according to the budget adopted
by the Council;
(H) develop and implement a process for the periodic review
and evaluation of regional information coordination entities;
(I) formulate an annual process by which gaps in
observation coverage or needs for capital improvements of
Federal assets and non-Federal assets of the System are
identified by the regional information coordination entities,
the Administrator, or other members of the System and
transmitted to the Interagency Ocean Observing Committee;
(J) develop and be responsible for a data management and
communication system, in accordance with standards and
protocols established by the Council, by which all data
collected by the System regarding ocean and coastal waters of
the United States including the Great Lakes, are processed,
stored, integrated, and made available to all end-user
communities;
(K) implement a program of public education and outreach to
improve public awareness of global climate change and effects
on the ocean, coastal, and Great Lakes environment;
(L) report annually to the Interagency Ocean Observing
Committee on the accomplishments, operational needs, and
performance of the System to contribute to the annual and
long-term plans developed pursuant to subsection
(c)(2)(A)(i); and
(M) develop a plan to efficiently integrate into the System
new, innovative, or emerging technologies that have been
demonstrated to be useful to the System and which will
fulfill the purposes of this subtitle and the System Plan.
(4) Regional information coordination entities.--
(A) In general.--To be certified or established under this
subtitle, a regional information coordination entity shall be
certified or established by contract or agreement by the
Administrator, and shall agree to meet the certification
standards and compliance procedure guidelines issued by the
Administrator and information needs of user groups in the
region while adhering to national standards and shall--
(i) demonstrate an organizational structure capable of
gathering required System observation data, supporting and
integrating all aspects of coastal and ocean observing and
information programs within a region and that reflects the
needs of State and local governments, commercial interests,
and other users and beneficiaries of the System and other
requirements specified under this subtitle and the System
Plan;
(ii) identify gaps in observation coverage needs for
capital improvements of Federal assets and non-Federal assets
of the System, or other recommendations to assist in the
development of the annual and long-term plans created
pursuant to subsection (c)(2)(A)(i) and transmit such
information to the Interagency Ocean Observing Committee via
the Program Office;
(iii) develop and operate under a strategic operational
plan that will ensure the efficient and effective
administration of programs and assets to support daily data
observations for integration into the System, pursuant to the
standards approved by the Council;
(iv) work cooperatively with governmental and non-
governmental entities at all levels to identify and provide
information products of the System for multiple users within
the service area of the regional information coordination
entities; and
(v) comply with all financial oversight requirements
established by the Administrator, including requirements
relating to audits.
(B) Participation.--For the purposes of this subtitle,
employees of Federal agencies may participate in the
functions of the regional information coordination entities.
(d) System Advisory Committee.--
(1) In general.--The Administrator shall establish or
designate a System advisory committee, which shall provide
advice as may be requested by the Administrator or the
Interagency Ocean Observing Committee.
(2) Purpose.--The purpose of the System advisory committee
is to advise the Administrator and the Interagency Ocean
Observing Committee on--
(A) administration, operation, management, and maintenance
of the System, including integration of Federal and non-
Federal assets and data management and communication aspects
of the System, and fulfillment of the purposes set forth in
section 12302;
(B) expansion and periodic modernization and upgrade of
technology components of the System;
(C) identification of end-user communities, their needs for
information provided by the System, and the System's
effectiveness in disseminating information to end-user
communities and the general public; and
(D) any other purpose identified by the Administrator or
the Interagency Ocean Observing Committee.
(3) Members.--
(A) In general.--The System advisory committee shall be
composed of members appointed by the Administrator. Members
shall be qualified by education, training, and experience to
evaluate scientific and technical information related to the
design, operation, maintenance, or use of the System, or use
of data products provided through the System.
(B) Terms of service.--Members shall be appointed for 3-
year terms, renewable once. A vacancy appointment shall be
for the remainder of the unexpired term of the vacancy, and
an individual so appointed may subsequently be appointed for
2 full 3-year terms if the remainder of the unexpired term is
less than 1 year.
(C) Chairperson.--The Administrator shall designate a
chairperson from among the members of the System advisory
committee.
(D) Appointment.--Members of the System advisory committee
shall be appointed as special Government employees for
purposes of section 202(a) of title 18, United States Code.
(4) Administrative provisions.--
(A) Reporting.--The System advisory committee shall report
to the Administrator and the Interagency Ocean Observing
Committee, as appropriate.
(B) Administrative support.--The Administrator shall
provide administrative support to the System advisory
committee.
(C) Meetings.--The System advisory committee shall meet at
least once each year, and at other times at the call of the
Administrator, the Interagency Ocean Observing Committee, or
the chairperson.
(D) Compensation and expenses.--Members of the System
advisory committee shall not be compensated for service on
that Committee, but may be allowed travel expenses, including
per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(E) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the System
advisory committee.
(e) Civil Liability.--For purposes of determining liability
arising from the dissemination and use of observation data
gathered pursuant to this section, any non-Federal asset or
regional information coordination entity incorporated into
the System by contract, lease, grant, or cooperative
agreement under subsection (c)(3)(D) that is participating in
the System shall be considered to be part of the National
Oceanic and Atmospheric Administration. Any employee of such
a non-Federal asset or regional information coordination
entity, while operating within the scope of his or her
employment in carrying out the purposes of this subtitle,
with respect to tort liability, is deemed to be an employee
of the Federal Government.
(f) Limitation.--Nothing in this subtitle shall be
construed to invalidate existing certifications, contracts,
or agreements between regional information coordination
entities and other elements of the System.
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.
(a) In General.--To carry out interagency activities under
this subtitle, the Secretary of Commerce may execute
cooperative agreements, or any other agreements, with, and
receive and expend funds made available by, any State or
subdivision thereof, any Federal agency, or any public or
private organization, or individual.
(b) Reciprocity.--Member Departments and agencies of the
Council shall have the authority to create, support, and
maintain joint centers, and to enter into and perform such
contracts, leases, grants, and cooperative agreements as may
be necessary to carry out the purposes of this subtitle and
fulfillment of the System Plan.
SEC. 12306. APPLICATION WITH OTHER LAWS.
Nothing in this subtitle supersedes or limits the authority
of any agency to carry out its responsibilities and missions
under other laws.
SEC. 12307. REPORT TO CONGRESS.
(a) Requirement.--Not later than 2 years after the date of
the enactment of this Act and every 2 years thereafter, the
Administrator shall prepare and the President acting through
the Council shall approve and transmit to the Congress a
report on progress made in implementing this subtitle.
(b) Contents.--The report shall include--
(1) a description of activities carried out under this
subtitle and the System Plan;
(2) an evaluation of the effectiveness of the System,
including an evaluation of progress made by the Council to
achieve the goals identified under the System Plan;
(3) identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of
required observation data variables necessary to meet the
respective missions of Council agencies;
(4) a review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the
observation
[[Page 7061]]
capabilities and data products provided by the System,
including data management and communication subsystems;
(5) an assessment regarding activities to integrate Federal
and non-Federal assets, nationally and on the regional level,
and discussion of the performance and effectiveness of
regional information coordination entities to coordinate
regional observation operations;
(6) a description of benefits of the program to users of
data products resulting from the System (including the
general public, industries, scientists, resource managers,
emergency responders, policy makers, and educators);
(7) recommendations concerning--
(A) modifications to the System; and
(B) funding levels for the System in subsequent fiscal
years; and
(8) the results of a periodic external independent
programmatic audit of the System.
SEC. 12308. PUBLIC-PRIVATE USE POLICY.
The Council shall develop a policy within 6 months after
the date of the enactment of this Act that defines processes
for making decisions about the roles of the Federal
Government, the States, regional information coordination
entities, the academic community, and the private sector in
providing to end-user communities environmental information,
products, technologies, and services related to the System.
The Council shall publish the policy in the Federal Register
for public comment for a period not less than 60 days.
Nothing in this section shall be construed to require changes
in policy in effect on the date of enactment of this Act.
SEC. 12309. INDEPENDENT COST ESTIMATE.
Within 1 year after the date of enactment of this Act, the
Interagency Ocean Observation Committee, through the
Administrator and the Director of the National Science
Foundation, shall obtain an independent cost estimate for
operations and maintenance of existing Federal assets of the
System, and planned or anticipated acquisition, operation,
and maintenance of new Federal assets for the System,
including operation facilities, observation equipment,
modeling and software, data management and communication, and
other essential components. The independent cost estimate
shall be transmitted unabridged and without revision by the
Administrator to Congress.
SEC. 12310. INTENT OF CONGRESS.
It is the intent of Congress that funding provided to
agencies of the Council to implement this subtitle shall
supplement, and not replace, existing sources of funding for
other programs. It is the further intent of Congress that
agencies of the Council shall not enter into contracts or
agreements for the development or procurement of new Federal
assets for the System that are estimated to be in excess of
$250,000,000 in life-cycle costs without first providing
adequate notice to Congress and opportunity for review and
comment.
SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2009 through 2013 such sums as are
necessary to fulfill the purposes of this subtitle and
support activities identified in the annual coordinated
System budget developed by the Interagency Ocean Observation
Committee and submitted to the Congress.
Subtitle D--Federal Ocean Acidification Research and Monitoring Act of
2009
SEC. 12401. SHORT TITLE.
This subtitle may be cited as the ``Federal Ocean
Acidification Research And Monitoring Act of 2009'' or the
``FOARAM Act''.
SEC. 12402. PURPOSES.
(a) Purposes.--The purposes of this subtitle are to provide
for--
(1) development and coordination of a comprehensive
interagency plan to--
(A) monitor and conduct research on the processes and
consequences of ocean acidification on marine organisms and
ecosystems; and
(B) establish an interagency research and monitoring
program on ocean acidification;
(2) establishment of an ocean acidification program within
the National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
(4) research adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.
SEC. 12403. DEFINITIONS.
In this subtitle:
(1) Ocean acidification.--The term ``ocean acidification''
means the decrease in pH of the Earth's oceans and changes in
ocean chemistry caused by chemical inputs from the
atmosphere, including carbon dioxide.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) Subcommittee.--The term ``Subcommittee'' means the
Joint Subcommittee on Ocean Science and Technology of the
National Science and Technology Council.
SEC. 12404. INTERAGENCY SUBCOMMITTEE.
(a) Designation.--
(1) In general.--The Joint Subcommittee on Ocean Science
and Technology of the National Science and Technology Council
shall coordinate Federal activities on ocean acidification
and establish an interagency working group.
(2) Membership.--The interagency working group on ocean
acidification shall be comprised of senior representatives
from the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and
Space Administration, the United States Geological Survey,
the United States Fish and Wildlife Service, and such other
Federal agencies as appropriate.
(3) Chairman.--The interagency working group shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 12405 of this subtitle and oversee the implementation
of the plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine ecosystems; and
(B) adaptation and mitigation strategies to conserve marine
organisms and ecosystems exposed to ocean acidification;
(3) facilitate communication and outreach opportunities
with nongovernmental organizations and members of the
stakeholder community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification
Information Exchange to make information on ocean
acidification developed through or utilized by the
interagency ocean acidification program accessible through
electronic means, including information which would be useful
to policymakers, researchers, and other stakeholders in
mitigating or adapting to the impacts of ocean acidification.
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Subcommittee shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the
House of Representatives that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities, including
the budget for each of these activities; and
(B) describes the progress in developing the plan required
under section 12405 of this subtitle.
(2) Biennial report.--Not later than 2 years after the
delivery of the initial report under paragraph (1) and every
2 years thereafter, the Subcommittee shall transmit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology and
the Committee on Natural Resources of the House of
Representatives that includes--
(A) a summary of federally funded ocean acidification
research and monitoring activities, including the budget for
each of these activities; and
(B) an analysis of the progress made toward achieving the
goals and priorities for the interagency research plan
developed by the Subcommittee under section 12405.
(3) Strategic research plan.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall
transmit the strategic research plan developed under section
12405 to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the
House of Representatives. A revised plan shall be submitted
at least once every 5 years thereafter.
SEC. 12405. STRATEGIC RESEARCH PLAN.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Subcommittee shall develop a
strategic plan for Federal research and monitoring on ocean
acidification that will provide for an assessment of the
impacts of ocean acidification on marine organisms and marine
ecosystems and the development of adaptation and mitigation
strategies to conserve marine organisms and marine
ecosystems. In developing the plan, the Subcommittee shall
consider and use information, reports, and studies of ocean
acidification that have identified research and monitoring
needed to better understand ocean acidification and its
potential impacts, and recommendations made by the National
Academy of Sciences in the review of the plan required under
subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve
the understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will--
[[Page 7062]]
(A) advance understanding of ocean acidification and its
physical, chemical, and biological impacts on marine
organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic impacts
of ocean acidification; and
(C) provide information for the development of adaptation
and mitigation strategies to conserve marine organisms and
marine ecosystems;
(3) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research efforts;
(4) identify relevant programs and activities of the
Federal agencies that contribute to the interagency program
directly and indirectly and set forth the role of each
Federal agency in implementing the plan;
(5) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the
United States with such activities of other nations and
international organizations;
(7) outline budget requirements for Federal ocean
acidification research and monitoring and assessment
activities to be conducted by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems
that may be needed to ensure adequate data collection and
monitoring of ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum
the following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and
open-ocean monitoring stations, including satellite-based
monitoring to characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific
physiological responses of marine organisms to ocean
acidification, impacts on marine food webs of ocean
acidification, and to develop environmental and ecological
indices that track marine ecosystem responses to ocean
acidification.
(3) Modeling to predict changes in the ocean carbon cycle
as a function of carbon dioxide and atmosphere-induced
changes in temperature, ocean circulation, biogeochemistry,
ecosystem and terrestrial input, and modeling to determine
impacts on marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean
acidification and development of adaptation and mitigation
strategies to conserve marine organisms and marine
ecosystems.
(d) National Academy of Sciences Evaluation.--The Secretary
shall enter into an agreement with the National Academy of
Sciences to review the plan.
(e) Public Participation.--In developing the plan, the
Subcommittee shall consult with representatives of academic,
State, industry and environmental groups. Not later than 90
days before the plan, or any revision thereof, is submitted
to the Congress, the plan shall be published in the Federal
Register for a public comment period of not less than 60
days.
SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.
(a) In General.--The Secretary shall establish and maintain
an ocean acidification program within the National Oceanic
and Atmospheric Administration to conduct research,
monitoring, and other activities consistent with the
strategic research and implementation plan developed by the
Subcommittee under section 12405 that--
(1) includes--
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and activities
to improve understanding of ocean acidification;
(B) the establishment of a long-term monitoring program of
ocean acidification utilizing existing global and national
ocean observing assets, and adding instrumentation and
sampling stations as appropriate to the aims of the research
program;
(C) research to identify and develop adaptation strategies
and techniques for effectively conserving marine ecosystems
as they cope with increased ocean acidification;
(D) as an integral part of the research programs described
in this subtitle, educational opportunities that encourage an
interdisciplinary and international approach to exploring the
impacts of ocean acidification;
(E) as an integral part of the research programs described
in this subtitle, national public outreach activities to
improve the understanding of current scientific knowledge of
ocean acidification and its impacts on marine resources; and
(F) coordination of ocean acidification monitoring and
impacts research with other appropriate international ocean
science bodies such as the International Oceanographic
Commission, the International Council for the Exploration of
the Sea, the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and
the socioeconomic impacts of increased ocean acidification
that are relevant to the goals and priorities of the
strategic research plan; and
(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
(b) Additional Authority.--In conducting the Program, the
Secretary may enter into and perform such contracts, leases,
grants, or cooperative agreements as may be necessary to
carry out the purposes of this subtitle on such terms as the
Secretary considers appropriate.
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.
(a) Research Activities.--The Director of the National
Science Foundation shall continue to carry out research
activities on ocean acidification which shall support
competitive, merit-based, peer-reviewed proposals for
research and monitoring of ocean acidification and its
impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine
biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be
consistent with the strategic research plan developed by the
Subcommittee under section 12405.
(c) Coordination.--The Director shall encourage
coordination of the Foundation's ocean acidification
activities with such activities of other nations and
international organizations.
SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES.
(a) Ocean Acidification Activities.--The Administrator of
the National Aeronautics and Space Administration, in
coordination with other relevant agencies, shall ensure that
space-based monitoring assets are used in as productive a
manner as possible for monitoring of ocean acidification and
its impacts.
(b) Program Consistency.--The Administrator shall ensure
that the Agency's research and monitoring activities on ocean
acidification are carried out in a manner consistent with the
strategic research plan developed by the Subcommittee under
section 12405.
(c) Coordination.--The Administrator shall encourage
coordination of the Agency's ocean acidification activities
with such activities of other nations and international
organizations.
SEC. 12409. AUTHORIZATION OF APPROPRIATIONS.
(a) NOAA.--There are authorized to be appropriated to the
National Oceanic and Atmospheric Administration to carry out
the purposes of this subtitle--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the
National Science Foundation to carry out the purposes of this
subtitle--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.
Subtitle E--Coastal and Estuarine Land Conservation Program
SEC. 12501. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND
CONSERVATION PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) is amended by inserting after section 307 the following
new section:
``authorization of the coastal and estuarine land conservation program
``Sec. 307A. (a) In General.--The Secretary may conduct a
Coastal and Estuarine Land Conservation Program, in
cooperation with appropriate State, regional, and other units
of government, for the purposes of protecting important
coastal and estuarine areas that have significant
conservation, recreation, ecological, historical, or
aesthetic values, or that are threatened by conversion from
their natural, undeveloped, or recreational state to other
uses or could be managed or restored to effectively conserve,
enhance, or restore ecological function. The program shall be
administered by the National Ocean Service of the National
Oceanic
[[Page 7063]]
and Atmospheric Administration through the Office of Ocean
and Coastal Resource Management.
``(b) Property Acquisition Grants.--The Secretary shall
make grants under the program to coastal states with approved
coastal zone management plans or National Estuarine Research
Reserve units for the purpose of acquiring property or
interests in property described in subsection (a) that will
further the goals of--
``(1) a Coastal Zone Management Plan or Program approved
under this title;
``(2) a National Estuarine Research Reserve management
plan;
``(3) a regional or State watershed protection or
management plan involving coastal states with approved
coastal zone management programs; or
``(4) a State coastal land acquisition plan that is
consistent with an approved coastal zone management program.
``(c) Grant Process.--The Secretary shall allocate funds to
coastal states or National Estuarine Research Reserves under
this section through a competitive grant process in
accordance with guidelines that meet the following
requirements:
``(1) The Secretary shall consult with the coastal state's
coastal zone management program, any National Estuarine
Research Reserve in that State, and the lead agency
designated by the Governor for coordinating the
implementation of this section (if different from the coastal
zone management program).
``(2) Each participating coastal state, after consultation
with local governmental entities and other interested
stakeholders, shall identify priority conservation needs
within the State, the values to be protected by inclusion of
lands in the program, and the threats to those values that
should be avoided.
``(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or
easements shall complement working waterfront needs.
``(4) The applicant shall identify the values to be
protected by inclusion of the lands in the program,
management activities that are planned and the manner in
which they may affect the values identified, and any other
information from the landowner relevant to administration and
management of the land.
``(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units,
landowners, corporations, or private organizations.
``(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is
consistent with the State's or territory's approved coastal
zone plan, program, and policies prior to submittal to the
Secretary.
``(7)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological value.
``(B) Of the projects that meet the standard in
subparagraph (A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to a use
that will degrade or otherwise diminish their natural,
undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused by
coastal population growth in the coastal environment.
``(8) In developing guidelines under this section, the
Secretary shall consult with coastal states, other Federal
agencies, and other interested stakeholders with expertise in
land acquisition and conservation procedures.
``(9) Eligible coastal states or National Estuarine
Research Reserves may allocate grants to local governments or
agencies eligible for assistance under section 306A(e).
``(10) The Secretary shall develop performance measures
that the Secretary shall use to evaluate and report on the
program's effectiveness in accomplishing its purposes, and
shall submit such evaluations to Congress triennially.
``(d) Limitations and Private Property Protections.--
``(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement,
only from a willing seller. Any such purchase shall not be
the result of a forced taking under this section. Nothing in
this section requires a private property owner to participate
in the program under this section.
``(2) Any interest in land, including any easement,
acquired with a grant under this section shall not be
considered to create any new liability, or have any effect on
liability under any other law, of any private property owner
with respect to any person injured on the private property.
``(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
government access) to or use of private property unless such
property or an interest in such property (including a
conservation easement) has been purchased with funds made
available under this section.
``(e) Recognition of Authority to Control Land Use.--
Nothing in this title modifies the authority of Federal,
State, or local governments to regulate land use.
``(f) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the program unless the Federal funds are matched by non-
Federal funds in accordance with this subsection.
``(2) Cost share requirement.--
``(A) In general.--Grant funds under the program shall
require a 100 percent match from other non-Federal sources.
``(B) Waiver of requirement.--The Secretary may grant a
waiver of subparagraph (A) for underserved communities,
communities that have an inability to draw on other sources
of funding because of the small population or low income of
the community, or for other reasons the Secretary deems
appropriate and consistent with the purposes of the program.
``(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources
may be applied to the cost of the project. Each portion shall
be subject to match requirements under the applicable
provision of law.
``(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project
may be determined by taking into account the following:
``(A) The value of land or a conservation easement may be
used by a project applicant as non-Federal match, if the
Secretary determines that--
``(i) the land meets the criteria set forth in section 2(b)
and is acquired in the period beginning 3 years before the
date of the submission of the grant application and ending 3
years after the date of the award of the grant;
``(ii) the value of the land or easement is held by a non-
governmental organization included in the grant application
in perpetuity for conservation purposes of the program; and
``(iii) the land or easement is connected either physically
or through a conservation planning process to the land or
easement that would be acquired.
``(B) The appraised value of the land or conservation
easement at the time of the grant closing will be considered
and applied as the non-Federal cost share.
``(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non- Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award, or, for lands
described in (A), within the same time limits described
therein. These costs may include either cash or in-kind
contributions.
``(g) Reservation of Funds for National Estuarine Research
Reserve Sites.--No less than 15 percent of funds made
available under this section shall be available for
acquisitions benefitting National Estuarine Research
Reserves.
``(h) Limit on Administrative Costs.--No more than 5
percent of the funds made available to the Secretary under
this section shall be used by the Secretary for planning or
administration of the program. The Secretary shall provide a
report to Congress with an account of all expenditures under
this section for fiscal year 2009 and triennially thereafter.
``(i) Title and Management of Acquired Property.--If any
property is acquired in whole or in part with funds made
available through a grant under this section, the grant
recipient shall provide--
``(1) such assurances as the Secretary may require that--
``(A) the title to the property will be held by the grant
recipient or another appropriate public agency designated by
the recipient in perpetuity;
``(B) the property will be managed in a manner that is
consistent with the purposes for which the land entered into
the program and shall not convert such property to other
uses; and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current value will
be returned to the Secretary in accordance with applicable
Federal law for redistribution in the grant process; and
``(2) certification that the property (including any
interest in land) will be acquired from a willing seller.
``(j) Requirement for Property Used for Non-Federal
Match.--If the grant recipient elects to use any land or
interest in land held by a non-governmental organization as a
non-Federal match under subsection (g), the grant recipient
must to the Secretary's satisfaction demonstrate in the grant
application that such land or interest will satisfy the same
requirements as the lands or interests in lands acquired
under the program.
``(k) Definitions.--In this section:
``(1) Conservation easement.--The term `conservation
easement' includes an easement or restriction, recorded deed,
or a reserve interest deed where the grantee acquires all
rights, title, and interest in a property, that do not
conflict with the goals of this section except those rights,
title, and interests that may run with the land that are
expressly reserved by a grantor and are agreed to at the time
of purchase.
[[Page 7064]]
``(2) Interest in property.--The term `interest in
property' includes a conservation easement.
``(l) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section $60,000,000 for each of fiscal years 2009
through 2013.''.
TITLE XIII--MISCELLANEOUS
SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST
FUNDS.
(a) North Dakota Trust Funds.--The Act of February 22, 1889
(25 Stat. 676, chapter 180), is amended by adding at the end
the following:
``SEC. 26. NORTH DAKOTA TRUST FUNDS.
``(a) Disposition.--Notwithstanding section 11, the State
of North Dakota shall, with respect to any trust fund in
which proceeds from the sale of public land are deposited
under this Act (referred to in this section as the `trust
fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from
each trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
``(b) Distributions.--Notwithstanding section 11, any
distributions from trust funds in the State of North Dakota
shall be made in accordance with section 2 of article IX of
the Constitution of the State of North Dakota.
``(c) Management of Proceeds.--Notwithstanding section 13,
the State of North Dakota shall manage the proceeds referred
to in that section in accordance with subsections (a) and
(b).
``(d) Management of Land and Proceeds.--Notwithstanding
sections 14 and 16, the State of North Dakota shall manage
the land granted under that section, including any proceeds
from the land, and make distributions in accordance with
subsections (a) and (b).''.
(b) Management and Distribution of Morrill Act Grants.--The
Act of July 2, 1862 (commonly known as the ``First Morrill
Act'') (7 U.S.C. 301 et seq.), is amended by adding at the
end the following:
``SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA.
``(a) Expenses.--Notwithstanding section 3, the State of
North Dakota shall manage the land granted to the State under
the first section, including any proceeds from the land, in
accordance with this section.
``(b) Disposition of Proceeds.--Notwithstanding section 4,
the State of North Dakota shall, with respect to any trust
fund in which proceeds from the sale of land under this Act
are deposited (referred to in this section as the `trust
fund')--
``(1) deposit all revenues earned by a trust fund into the
trust fund;
``(2) deduct the costs of administering a trust fund from
each trust fund; and
``(3) manage each trust fund to--
``(A) preserve the purchasing power of the trust fund; and
``(B) maintain stable distributions to trust fund
beneficiaries.
``(c) Distributions.--Notwithstanding section 4, any
distributions from trust funds in the State of North Dakota
shall be made in accordance with section 2 of article IX of
the Constitution of the State of North Dakota.
``(d) Management.--Notwithstanding section 5, the State of
North Dakota shall manage the land granted under the first
section, including any proceeds from the land, in accordance
with this section.''.
(c) Consent of Congress.--Effective July 1, 2009, Congress
consents to the amendments to the Constitution of North
Dakota proposed by House Concurrent Resolution No. 3037 of
the 59th Legislature of the State of North Dakota entitled
``A concurrent resolution for the amendment of sections 1 and
2 of article IX of the Constitution of North Dakota, relating
to distributions from and the management of the common
schools trust fund and the trust funds of other educational
or charitable institutions; and to provide a contingent
effective date'' and approved by the voters of the State of
North Dakota on November 7, 2006.
SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND
IRRIGATION MITIGATION ACT OF 2000.
(a) Priority Projects.--Section 3(c)(3) of the Fisheries
Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C.
777 note; Public Law 106-502) is amended by striking
``$5,000,000'' and inserting ``$2,500,000''.
(b) Cost Sharing.--Section 7(c) of Fisheries Restoration
and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106-502) is amended--
(1) by striking ``The value'' and inserting the following:
``(1) In general.--The value''; and
(2) by adding at the end the following:
``(2) Bonneville power administration.--
``(A) In general.--The Secretary may, without further
appropriation and without fiscal year limitation, accept any
amounts provided to the Secretary by the Administrator of the
Bonneville Power Administration.
``(B) Non-federal share.--Any amounts provided by the
Bonneville Power Administration directly or through a grant
to another entity for a project carried under the Program
shall be credited toward the non-Federal share of the costs
of the project.''.
(c) Report.--Section 9 of the Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public
Law 106-502) is amended--
(1) by inserting ``any'' before ``amounts are made''; and
(2) by inserting after ``Secretary shall'' the following:
``, after partnering with local governmental entities and the
States in the Pacific Ocean drainage area,''.
(d) Authorization of Appropriations.--Section 10 of the
Fisheries Restoration and Irrigation Mitigation Act of 2000
(16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) in subsection (a), by striking ``2001 through 2005''
and inserting `` 2009 through 2015''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Administrative expenses.--
``(A) Definition of administrative expense.--In this
paragraph, the term `administrative expense' means, except as
provided in subparagraph (B)(iii)(II), any expenditure
relating to--
``(i) staffing and overhead, such as the rental of office
space and the acquisition of office equipment; and
``(ii) the review, processing, and provision of
applications for funding under the Program.
``(B) Limitation.--
``(i) In general.--Not more than 6 percent of amounts made
available to carry out this Act for each fiscal year may be
used for Federal and State administrative expenses of
carrying out this Act.
``(ii) Federal and state shares.--To the maximum extent
practicable, of the amounts made available for administrative
expenses under clause (i)--
``(I) 50 percent shall be provided to the State agencies
provided assistance under the Program; and
``(II) an amount equal to the cost of 1 full-time
equivalent Federal employee, as determined by the Secretary,
shall be provided to the Federal agency carrying out the
Program.
``(iii) State expenses.--Amounts made available to States
for administrative expenses under clause (i)--
``(I) shall be divided evenly among all States provided
assistance under the Program; and
``(II) may be used by a State to provide technical
assistance relating to the program, including any staffing
expenditures (including staff travel expenses) associated
with--
``(aa) arranging meetings to promote the Program to
potential applicants;
``(bb) assisting applicants with the preparation of
applications for funding under the Program; and
``(cc) visiting construction sites to provide technical
assistance, if requested by the applicant.''.
SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE
ACT.
Section 107(a) of the Alaska Natural Gas Pipeline Act (15
U.S.C. 720e(a)) is amended by striking paragraph (3) and
inserting the following:
``(3) the validity of any determination, permit, approval,
authorization, review, or other related action taken under
any provision of law relating to a gas transportation project
constructed and operated in accordance with section 103,
including--
``(A) subchapter II of chapter 5, and chapter 7, of title
5, United States Code (commonly known as the `Administrative
Procedure Act');
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(D) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
``(E) the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3101 et seq.).''.
SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF
ENERGY.
(a) In General.--Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended in the first
sentence by striking ``7 Assistant Secretaries'' and
inserting ``8 Assistant Secretaries''.
(b) Conforming Amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries
of Energy (7)'' and inserting ``Assistant Secretaries of
Energy (8)''.
SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE.
(a) Definitions.--In this section:
(1) Institute.--The term ``Institute'' means the Lovelace
Respiratory Research Institute, a nonprofit organization
chartered under the laws of the State of New Mexico.
(2) Map.--The term ``map'' means the map entitled
``Lovelace Respiratory Research Institute Land Conveyance''
and dated March 18, 2008.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy;
(B) the Secretary of the Interior, with respect to matters
concerning the Department of the Interior; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Department of the Air Force.
[[Page 7065]]
(4) Secretary of energy.--The term ``Secretary of Energy''
means the Secretary of Energy, acting through the
Administrator for the National Nuclear Security
Administration.
(b) Conveyance of Land.--
(1) In general.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to
valid existing rights and this section, the Secretary of
Energy, in consultation with the Secretary of the Interior
and the Secretary of the Air Force, may convey to the
Institute, on behalf of the United States, all right, title,
and interest of the United States in and to the parcel of
land described in paragraph (2) for research, scientific, or
educational use.
(2) Description of land.--The parcel of land referred to in
paragraph (1)--
(A) is the approximately 135 acres of land identified as
``Parcel A'' on the map;
(B) includes any improvements to the land described in
subparagraph (A); and
(C) excludes any portion of the utility system and
infrastructure reserved by the Secretary of the Air Force
under paragraph (4).
(3) Other federal agencies.--The Secretary of the Interior
and the Secretary of the Air Force shall complete any real
property actions, including the revocation of any Federal
withdrawals of the parcel conveyed under paragraph (1) and
the parcel described in subsection (c)(1), that are necessary
to allow the Secretary of Energy to--
(A) convey the parcel under paragraph (1); or
(B) transfer administrative jurisdiction under subsection
(c).
(4) Reservation of utility infrastructure and access.--The
Secretary of the Air Force may retain ownership and control
of--
(A) any portions of the utility system and infrastructure
located on the parcel conveyed under paragraph (1); and
(B) any rights of access determined to be necessary by the
Secretary of the Air Force to operate and maintain the
utilities on the parcel.
(5) Restrictions on use.--
(A) Authorized uses.--The Institute shall allow only
research, scientific, or educational uses of the parcel
conveyed under paragraph (1).
(B) Reversion.--
(i) In general.--If, at any time, the Secretary of Energy,
in consultation with the Secretary of the Air Force,
determines, in accordance with clause (ii), that the parcel
conveyed under paragraph (1) is not being used for a purpose
described in subparagraph (A)--
(I) all right, title, and interest in and to the entire
parcel, or any portion of the parcel not being used for the
purposes, shall revert, at the option of the Secretary, to
the United States; and
(II) the United States shall have the right of immediate
entry onto the parcel.
(ii) Requirements for determination.--Any determination of
the Secretary under clause (i) shall be made on the record
and after an opportunity for a hearing.
(6) Costs.--
(A) In general.--The Secretary of Energy shall require the
Institute to pay, or reimburse the Secretary concerned, for
any costs incurred by the Secretary concerned in carrying out
the conveyance under paragraph (1), including any survey
costs related to the conveyance.
(B) Refund.--If the Secretary concerned collects amounts
under subparagraph (A) from the Institute before the
Secretary concerned incurs the actual costs, and the amount
collected exceeds the actual costs incurred by the Secretary
concerned to carry out the conveyance, the Secretary
concerned shall refund to the Institute an amount equal to
difference between--
(i) the amount collected by the Secretary concerned; and
(ii) the actual costs incurred by the Secretary concerned.
(C) Deposit in fund.--
(i) In general.--Amounts received by the United States
under this paragraph as a reimbursement or recovery of costs
incurred by the Secretary concerned to carry out the
conveyance under paragraph (1) shall be deposited in the fund
or account that was used to cover the costs incurred by the
Secretary concerned in carrying out the conveyance.
(ii) Use.--Any amounts deposited under clause (i) shall be
available for the same purposes, and subject to the same
conditions and limitations, as any other amounts in the fund
or account.
(7) Contaminated land.--In consideration for the conveyance
of the parcel under paragraph (1), the Institute shall--
(A) take fee title to the parcel and any improvements to
the parcel, as contaminated;
(B) be responsible for undertaking and completing all
environmental remediation required at, in, under, from, or on
the parcel for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents, in the same manner and
to the same extent as required by law applicable to privately
owned facilities, regardless of the date of the contamination
or the responsible party;
(C) indemnify the United States for--
(i) any environmental remediation or response costs the
United States reasonably incurs if the Institute fails to
remediate the parcel; or
(ii) contamination at, in, under, from, or on the land, for
all environmental conditions relating to or arising from the
release or threat of release of waste material, substances,
or constituents;
(D) indemnify, defend, and hold harmless the United States
from any damages, costs, expenses, liabilities, fines,
penalties, claim, or demand for loss, including claims for
property damage, personal injury, or death resulting from
releases, discharges, emissions, spills, storage, disposal,
or any other acts or omissions by the Institute and any
officers, agents, employees, contractors, sublessees,
licensees, successors, assigns, or invitees of the Institute
arising from activities conducted, on or after October 1,
1996, on the parcel conveyed under paragraph (1); and
(E) reimburse the United States for all legal and attorney
fees, costs, and expenses incurred in association with the
defense of any claims described in subparagraph (D).
(8) Contingent environmental response obligations.--If the
Institute does not undertake or complete environmental
remediation as required by paragraph (7) and the United
States is required to assume the responsibilities of the
remediation, the Secretary of Energy shall be responsible for
conducting any necessary environmental remediation or
response actions with respect to the parcel conveyed under
paragraph (1).
(9) No additional compensation.--Except as otherwise
provided in this section, no additional consideration shall
be required for conveyance of the parcel to the Institute
under paragraph (1).
(10) Access and utilities.--On conveyance of the parcel
under paragraph (1), the Secretary of the Air Force shall, on
behalf of the United States and subject to any terms and
conditions as the Secretary determines to be necessary
(including conditions providing for the reimbursement of
costs), provide the Institute with--
(A) access for employees and invitees of the Institute
across Kirtland Air Force Base to the parcel conveyed under
that paragraph; and
(B) access to utility services for the land and any
improvements to the land conveyed under that paragraph.
(11) Additional term and conditions.--The Secretary of
Energy, in consultation with the Secretary of the Interior
and Secretary of the Air Force, may require any additional
terms and conditions for the conveyance under paragraph (1)
that the Secretaries determine to be appropriate to protect
the interests of the United States.
(c) Transfer of Administrative Jurisdiction.--
(1) In general.--After the conveyance under subsection
(b)(1) has been completed, the Secretary of Energy shall, on
request of the Secretary of the Air Force, transfer to the
Secretary of the Air Force administrative jurisdiction over
the parcel of approximately 7 acres of land identified as
``Parcel B'' on the map, including any improvements to the
parcel.
(2) Removal of improvements.--In concurrence with the
transfer under paragraph (1), the Secretary of Energy shall,
on request of the Secretary of the Air Force, arrange and pay
for removal of any improvements to the parcel transferred
under that paragraph.
SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
TROPICAL BOTANICAL GARDEN.
Chapter 1535 of title 36, United States Code, is amended by
adding at the end the following:
``Sec. 153514. Authorization of appropriations
``(a) In General.--Subject to subsection (b), there is
authorized to be appropriated to the corporation for
operation and maintenance expenses $500,000 for each of
fiscal years 2008 through 2017.
``(b) Limitation.--Any Federal funds made available under
subsection (a) shall be matched on a 1-to-1 basis by non-
Federal funds.''.
TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT
SEC. 14001. SHORT TITLE.
This title may be cited as the ``Christopher and Dana Reeve
Paralysis Act''.
Subtitle A--Paralysis Research
SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH ON PARALYSIS.
(a) Coordination.--The Director of the National Institutes
of Health (referred to in this title as the ``Director''),
pursuant to the general authority of the Director, may
develop mechanisms to coordinate the paralysis research and
rehabilitation activities of the Institutes and Centers of
the National Institutes of Health in order to further advance
such activities and avoid duplication of activities.
(b) Christopher and Dana Reeve Paralysis Research
Consortia.--
(1) In general.--The Director may make awards of grants to
public or private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for consortia in paralysis research. The
Director shall designate each consortium funded through such
grants as a Christopher and Dana Reeve Paralysis Research
Consortium.
[[Page 7066]]
(2) Research.--Each consortium under paragraph (1)--
(A) may conduct basic, translational, and clinical
paralysis research;
(B) may focus on advancing treatments and developing
therapies in paralysis research;
(C) may focus on one or more forms of paralysis that result
from central nervous system trauma or stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E) may replicate the findings of consortia members or
other researchers for scientific and translational purposes.
(3) Coordination of consortia; reports.--The Director may,
as appropriate, provide for the coordination of information
among consortia under paragraph (1) and ensure regular
communication among members of the consortia, and may require
the periodic preparation of reports on the activities of the
consortia and the submission of the reports to the Director.
(4) Organization of consortia.--Each consortium under
paragraph (1) may use the facilities of a single lead
institution, or be formed from several cooperating
institutions, meeting such requirements as may be prescribed
by the Director.
(c) Public Input.--The Director may provide for a mechanism
to educate and disseminate information on the existing and
planned programs and research activities of the National
Institutes of Health with respect to paralysis and through
which the Director can receive comments from the public
regarding such programs and activities.
Subtitle B--Paralysis Rehabilitation Research and Care
SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR
ENHANCING DAILY FUNCTION FOR PERSONS WITH
PARALYSIS.
(a) In General.--The Director, pursuant to the general
authority of the Director, may make awards of grants to
public or private entities to pay all or part of the costs of
planning, establishing, improving, and providing basic
operating support to multicenter networks of clinical sites
that will collaborate to design clinical rehabilitation
intervention protocols and measures of outcomes on one or
more forms of paralysis that result from central nervous
system trauma, disorders, or stroke, or any combination of
such conditions.
(b) Research.--A multicenter network of clinical sites
funded through this section may--
(1) focus on areas of key scientific concern, including--
(A) improving functional mobility;
(B) promoting behavioral adaptation to functional losses,
especially to prevent secondary complications;
(C) assessing the efficacy and outcomes of medical
rehabilitation therapies and practices and assisting
technologies;
(D) developing improved assistive technology to improve
function and independence; and
(E) understanding whole body system responses to physical
impairments, disabilities, and societal and functional
limitations; and
(2) replicate the findings of network members or other
researchers for scientific and translation purposes.
(c) Coordination of Clinical Trials Networks; Reports.--The
Director may, as appropriate, provide for the coordination of
information among networks funded through this section and
ensure regular communication among members of the networks,
and may require the periodic preparation of reports on the
activities of the networks and submission of reports to the
Director.
Subtitle C--Improving Quality of Life for Persons With Paralysis and
Other Physical Disabilities
SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS
WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services
(in this subtitle referred to as the ``Secretary'') may study
the unique health challenges associated with paralysis and
other physical disabilities and carry out projects and
interventions to improve the quality of life and long-term
health status of persons with paralysis and other physical
disabilities. The Secretary may carry out such projects
directly and through awards of grants or contracts.
(b) Certain Activities.--Activities under subsection (a)
may include--
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote health and
wellness in order to enhance full participation, independent
living, self-sufficiency, and equality of opportunity in
partnership with voluntary health agencies focused on
paralysis and other physical disabilities, to be carried out
in coordination with the State-based Disability and Health
Program of the Centers for Disease Control and Prevention;
(2) support for programs to disseminate information
involving care and rehabilitation options and quality of life
grant programs supportive of community-based programs and
support systems for persons with paralysis and other physical
disabilities;
(3) in collaboration with other centers and national
voluntary health agencies, the establishment of a population-
based database that may be used for longitudinal and other
research on paralysis and other disabling conditions; and
(4) the replication and translation of best practices and
the sharing of information across States, as well as the
development of comprehensive, unique, and innovative
programs, services, and demonstrations within existing State-
based disability and health programs of the Centers for
Disease Control and Prevention which are designed to support
and advance quality of life programs for persons living with
paralysis and other physical disabilities focusing on--
(A) caregiver education;
(B) promoting proper nutrition, increasing physical
activity, and reducing tobacco use;
(C) education and awareness programs for health care
providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordinating services and removing barriers that
prevent full participation and integration into the
community; and
(G) recognizing the unique needs of underserved
populations.
(c) Grants.--The Secretary may award grants in accordance
with the following:
(1) To State and local health and disability agencies for
the purpose of--
(A) establishing a population-based database that may be
used for longitudinal and other research on paralysis and
other disabling conditions;
(B) developing comprehensive paralysis and other physical
disability action plans and activities focused on the items
listed in subsection (b)(4);
(C) assisting State-based programs in establishing and
implementing partnerships and collaborations that maximize
the input and support of people with paralysis and other
physical disabilities and their constituent organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and health
programs;
(E) providing education and training opportunities and
programs for health professionals and allied caregivers; and
(F) developing, testing, evaluating, and replicating
effective intervention programs to maintain or improve health
and quality of life.
(2) To private health and disability organizations for the
purpose of--
(A) disseminating information to the public;
(B) improving access to services for persons living with
paralysis and other physical disabilities and their
caregivers;
(C) testing model intervention programs to improve health
and quality of life; and
(D) coordinating existing services with State-based
disability and health programs.
(d) Coordination of Activities.--The Secretary shall ensure
that activities under this section are coordinated as
appropriate by the agencies of the Department of Health and
Human Services.
(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $25,000,000 for each of fiscal years 2008
through 2011.
TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER,
MARYLAND.
(a) Authority To Design and Construct.--The Board of
Regents of the Smithsonian Institution is authorized to
design and construct laboratory and support space to
accommodate the Mathias Laboratory at the Smithsonian
Environmental Research Center in Edgewater, Maryland.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$41,000,000 for fiscal years 2009 through 2011. Such sums
shall remain available until expended.
SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA.
(a) Authority To Construct.--The Board of Regents of the
Smithsonian Institution is authorized to construct laboratory
space to accommodate the terrestrial research program of the
Smithsonian tropical research institute in Gamboa, Panama.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$14,000,000 for fiscal years 2009 and 2010. Such sums shall
remain available until expended.
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY.
(a) In General.--The Board of Regents of the Smithsonian
Institution is authorized to construct a greenhouse facility
at its museum support facility in Suitland, Maryland, to
maintain the horticultural operations of, and preserve the
orchid collection held in trust by, the Smithsonian
Institution.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $12,000,000 to carry out this section.
Such sums shall remain available until expended.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
West Virginia (Mr. Rahall) and the gentleman from Washington (Mr.
Hastings) each will control 20 minutes.
[[Page 7067]]
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the Senate bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, in a speech given in the fall of 1964, as
the War in Vietnam intensified, President Lyndon Johnson quoted
Scripture from the Book of Matthew which says that the floods came, but
the house did not fall because it was founded upon rock.
President Johnson then said the following, ``The house of America is
founded upon our land, and if we keep that whole, then the storm can
rage, but the house will stand forever.
Once again we find ourselves as a Nation seeking shelter from the
storm; the storm of two wars, the storm of economic collapse. But like
President Johnson, we remain convinced that no matter what adversity we
may be facing, if we are faithful stewards of our land, our house will
stand forever.
The legislation before us today, S. 22, the Omnibus Public Land
Management Act of 2009, will keep America's land whole. The bill
contains more than 160 individual measures, including new wilderness
designations, new wild and scenic rivers, new hiking trails, heritage
areas, water projects, and historic preservation initiatives.
Taken as a whole, this omnibus bill is the most important piece of
conservation legislation we will consider this year and perhaps this
Congress. Some have argued, and will argue today, no doubt, that the
challenges we face mean that we should not spend time considering
environmental legislation. They dismiss the package before us as ``feel
good'' legislation. Well, I think the American people could use some
feel good legislation right now. They could use legislation that
protects our pristine public lands, the clear running streams and
rivers, the wide open spaces, and the unique history that make this
Nation great.
When the headlines read that banks are failing and companies are
folding, they could use some headlines announcing that our national
parks are still beautiful, our national battlefields are still sacred,
and our rivers are still wild and scenic.
When the headlines read that America's status as an economic
superpower is in doubt, they could use some headlines announcing that
our status as a conservation superpower has never been stronger.
The package before us is exactly what the American people want, and
it is exactly what our public lands need. In my own case, I'm
enormously proud of the fact that included in this package is the Wild
Monongahela Act, which will designate more than 37 acres of wilderness
in my home State of West Virginia.
It should be noted that we are amending S. 22 today to insert
language making it absolutely clear that this bill will not affect
existing State authority to regulate hunting, fishing, and trapping on
the lands in this package. The amendment also makes clear that nothing
in S. 22 will affect these activities. My colleagues should know that
this provision was negotiated with the National Rifle Association and
has the NRA's full support.
Opponents of this bill fail to grasp the deep and abiding love the
American people have for their land. They fail to understand the power
of our wide-open spaces and magnificent vistas, the power of those
magnificent vistas to inspire our generation and renew our spirit. It's
that kind of inspiration and that kind of renewal that are always
valuable, but when times are tough, they are priceless.
We should approve S. 22 today, not in spite of the challenges we face
but because of them. These storms will pass and the house of America
will be standing because we have kept our land whole.
I urge passage of S. 22.
Mr. Speaker, I reserve the balance of my time.
Parliamentary Inquiry
Mr. HASTINGS of Washington. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. HASTINGS of Washington. Mr. Speaker, just to clarify, I have a
series here of questions I would like to ask under parliamentary
inquiry, and that does not count against my time; is that correct?
The SPEAKER pro tempore. The gentleman has yet to be recognized for
debate. It will not count against his time.
Mr. HASTINGS of Washington. Thank you, Mr. Speaker.
Mr. Speaker, just to be clear, as we are considering S. 22, has the
gentleman from West Virginia made a motion to amend S. 22?
The SPEAKER pro tempore. The gentleman is correct.
Mr. HASTINGS of Washington. Further parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state it.
Mr. HASTINGS of Washington. Mr. Speaker, is this motion by the
Democrat bill manager the only way that this bill may be amended under
suspension of the rules?
The SPEAKER pro tempore. The motion is permitted to specify whatever
text might be proposed for passage by the House. The motion is
debatable for 40 minutes and not subject to amendment, not even with
unanimous consent.
Mr. HASTINGS of Washington. Further parliamentary inquiry, Mr.
Speaker.
The SPEAKER pro tempore. The gentleman will state it.
Mr. HASTINGS of Washington. Mr. Speaker, just to clarify, then, under
suspension of the rules, no other Member except the Democrat bill
manager may offer amendments or text directly to S. 22 to change any
other provisions of the bill which have not been considered by the
House or which have substantive issues like cutting off recreational
opportunities, reducing border security, locking up energy sources, or
high costs?
The SPEAKER pro tempore. The motion is debatable for 40 minutes and
is not subject to amendment, not even by unanimous consent.
Mr. HASTINGS of Washington. Further parliamentary inquiry, Mr.
Speaker.
The SPEAKER pro tempore. The gentleman will state it.
Mr. HASTINGS of Washington. Mr. Speaker, if S. 22 had been considered
under an open rule, would any Member with a germane amendment be able
to offer that amendment?
The SPEAKER pro tempore. The Chair cannot speculate or respond to
hypothetical questions.
Mr. HASTINGS of Washington. I think I know the answer, but further
parliamentary inquiry.
The SPEAKER pro tempore. The gentleman may ask.
Mr. HASTINGS of Washington. Mr. Speaker, could the Rules Committee
have issued a rule to allow Members from both sides of the aisle to
offer amendments to strike objectionable provisions or restore House-
passed language which was not included by the Senate?
The SPEAKER pro tempore. The Chair cannot speculate or respond to
hypothetical questions.
Mr. HASTINGS of Washington. I suspected that would be your response,
Mr. Speaker.
Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker, I oppose this motion to consider the Senate Omnibus
Lands bill by suspending the rules of the House.
Let us be very clear about what's happening on the House floor this
morning. For weeks and months, Democrat leaders in the Senate and the
House, and outside special interest groups, have repeatedly insisted
that the House must pass this massive Senate bill without changing a
single word or it will be doomed to Senate purgatory and no further
action will be taken. This was the justification given for why every
Member of this House should be blocked from offering their ideas and
amendments to improve or
[[Page 7068]]
change this 1,200-page bill. Yet this morning, as I have just confirmed
with the Speaker through the parliamentary inquiry, Democrat leaders
are using the special suspension process to amend the Senate bill and
simultaneously block other Members from offering an amendment.
The Senate's Rubicon of not changing one word has now been crossed.
S. 22 has been amended. If we change one part of the bill, then this
House deserves the opportunity to consider it in an open and fair
manner. Instead, the Democrat leaders are shutting down everyone from
offering amendments, including Democrats who have publicly been
outspoken about wanting to remove entire provisions from S. 22. I urge
these Democrats and all House Members to oppose this bill under
suspension and demand a fair and open process of debate.
The suspension process, Mr. Speaker, should be reserved for
noncontroversial bills with little or no cost to the taxpayers. Yet,
this Senate Omnibus Lands bill costs over $10 billion and consists of
over 170 bills folded into a 1,200-page monster piece of legislation.
Mr. Speaker, this is an extreme abuse of the process for considering
bills under suspension of the rules.
Under suspension of the rules, the House has only 40 minutes to
debate the bill. With over 170 bills in this omnibus package, that
allows just seven seconds--seven seconds--to debate each bill. And of
these 170 plus bills, 100 of them have never been passed by the House.
Any notion that this is just a package of bills already passed by the
House is absolutely false.
Now, I know that for some Members there may be a page or two in this
1,200-page bill that does something positive for their district. In
fact, three separate pieces of legislation, Mr. Speaker, that I
authored were attached to this package. But I am more concerned about
the other bills that have not been closely examined or been debated by
the House.
This massive bill was assembled behind closed doors with the purpose
of creating a package that tries to force individual Members to vote
for it in order to get their own bill passed despite broad policy
differences that will have serious and harmful impacts. Members of the
House should consider this bill in its entirety and what it does for
our country.
This bill contains 19 provisions to block American-made energy
production, locking away hundreds of millions of barrels of oil and
trillions of cubic feet of natural gas. Under this bill, our country
becomes less secure, and we must rely on foreign imports of energy to
fuel our vehicles and run our businesses.
When the Federal Government shuts down energy production in America,
we are sending good-paying jobs overseas. Over 3 million acres of land
will be locked up from possible energy production, and new jobs won't
be created when Americans desperately need them in these times. With
our economy reeling, and thousands of Americans losing jobs every week,
this is a poisonous policy that makes it tougher and more expensive to
get America's economy back on track.
This bill also bans recreational access to millions of acres of
public lands despite proponents' claims that it will do otherwise.
Lands that citizens currently use for enjoyment will be barricaded from
recreational vehicle use. Riding a bicycle won't even be allowed.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. I yield myself an additional 30 seconds.
Mr. Speaker, this bill costs $10 billion at a time when taxpayers and
the economy simply can't afford it. Our National Parks Service system
can't even keep existing priorities open and in working order.
With the maintenance backlog of $9 billion on existing lands,
Congress should not be passing a $10 billion bill to buy more lands to
make the problem worse. This bill makes it more difficult for the
Border Patrol and other law enforcement agencies to secure the southern
border. And this bill makes criminals and potential felons out of
children who want to collect fossils on Federal lands.
Mr. Speaker, I could go on much longer, but I only have 20 minutes
for debate.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself an additional
15 seconds.
And we are considering a package of over 170 bills, with just seven
seconds to debate each bill's cost.
So I urge my colleagues, Mr. Speaker, to oppose passage of this bill
under suspension of the rules and insist on the ability to consider
under an open process that allows for amendments.
Mr. Speaker, I oppose this motion to consider the Senate Omnibus
Lands bill by suspending the rules of the House.
Let us be very clear about what's happening on the House Floor this
morning. For weeks and months, Democrat leaders in the Senate and the
House, and outside special interest groups, have repeatedly insisted
that the House must pass this massive Senate bill without changing a
single word or it will be doomed to Senate purgatory and no further
action will be taken.
This was the justification given for why every Representative in this
House should be blocked from offering their ideas and amendments to
improve or change this over 1,200 page bill.
Yet this morning, Democrat Leaders are using the special suspension
process to amend the Senate bill and simultaneously block every other
Representative from offering an amendment.
The Senate's rubicon of not changing one word has now been crossed.
S. 22 has been amended. So then why isn't the House allowed to consider
additional amendments except the one approved by Democrat leaders. If
we change one part of the bill, then this House deserves the
opportunity to consider it in an open and fair manner. Instead,
Democrat leaders are shutting down everyone from offering amendments,
including Democrats who've been publicly outspoken about wanting to
remove entire provisions from S. 22 that they strongly oppose. I urge
these Democrats and all House Members to oppose this bill under
suspension and demand a fair, open process of debate on this bill in
the House.
The suspension process is reserved for noncontroversial bills with
little cost to the taxpayer. Indeed, other bills on suspension today
include supporting the goals of International Woman's Day, urging the
President to designate 2009 as the Year of the Military Family, and
supporting the designation of Pi Day. Yet, this Senate Omnibus Lands
Bill costs over 10 billion dollars, and consists of over 170 individual
bills being amassed into a 1,200 page monster piece of legislation.
This is an extreme abuse of the process for considering bills under
suspension of House rules.
Under suspension of the rules, the House has only 40 minutes to
debate the bill. I've been recognized for 20 of those minutes. With
over 170 bills in this Omnibus, that allows just 7 seconds . . . 7
seconds . . . to debate each bill.
And of these 170 plus bills, some 100 of them have never been passed
by the House. Any notion that this is just a packaging of bills already
passed by the House is absolutely false.
I recognize what I have just spoken about is inside baseball,
legislative process arguments, yet it is important for the American
public to understand the heavy-fisted manner in which this House is
being run. It's also important for all Representatives to understand
that this bill has now been amended and that we should have the
opportunity to consider other changes to it.
For every Member of the House, there may be a page or two in this
1,200 page bill that does something positive in your district. In fact,
three separate pieces of legislation that I authored were attached to
this package. However, I am more concerned about the other bills that
have not been closely examined or debated by the House. This massive
bill was written behind-closed-doors with the purpose of creating a
package that tries to force individual Members to vote for it in order
to get their own small bill passed despite broad policies that will
have a serious and harmful impact. Members of the House should consider
this bill in its entirety and what it does to our country.
It contains 19 provisions to block American-made energy production,
locking away hundreds of millions of barrels of oil and trillions of
cubic feet of natural gas. Under this bill, our country becomes less
secure as we must rely on foreign imports of energy to fuel our
vehicles and run our businesses. When the federal government shuts down
energy production here in America, we're sending good-paying jobs
overseas. Over 3 million acres of land will
[[Page 7069]]
be locked up from possible energy production and new jobs won't be
created when Americans desperately need them. With our economy reeling
and thousands of Americans losing jobs every week, this is a poisonous
policy that makes it tougher and more expensive to get America's
economy back on track.
This bill bans recreational access to millions of acres of public
lands despite proponents' claims that it will protect vast new land
areas for the appreciation of Americans. Lands that citizens currently
use for enjoyment will be barricaded from recreational vehicle use.
Riding a bicycle won't even be allowed. The harm to American's outdoor
enjoyment is so outrageous that even ESPN has covered it.
This bill costs $10 billion at a time when taxpayers and our economy
simply can't afford it. Our National Parks System can't even keep
existing properties open and in working order. With a maintenance
backlog of 9 billion dollars on existing lands, Congress should not be
passing a $10 billion bill to buy more land and make the problem worse.
This bill makes it more difficult for the Border Patrol and other law
enforcement to secure our southern border by restricting vehicle access
onto specific lands. This bill would make criminals and potential
felons out of children and others who collect fossils on federal lands.
Mr. Speaker, I could go on much longer, but we have only 20 minutes
for debate and we're considering a package of over 170 bills, so we
have just 7 seconds to debate each bill's cost and effect upon domestic
energy production, American jobs, recreation access to public lands,
and border security. I urge my colleagues to oppose passage of this
bill under suspension of the rules and insist on the ability to
consider it under a fair, open process that allows for amendments.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. To respond to the gentleman, over 70 bills in this
omnibus land package were considered by our Committee on Natural
Resources and passed out of the House of Representatives. Some 20 more
were reviewed by our committee during the last session of Congress when
the gentleman from Washington was on a leave of absence from our
committee.
Mr. Speaker, I yield 3 minutes to the distinguished gentleman from
Arizona, the subcommittee Chair of our National Parks Subcommittee, a
gentleman who has been very instrumental in crafting this legislation
and does so much for our national parks, Mr. Grijalva.
Mr. GRIJALVA. Thank you, Chairman Rahall.
S. 22 will likely be the most important piece of conservation
legislation we consider this year, and perhaps this Congress.
After too many years, during which the condition of our national
parks, forests, and wildlife refuges were totally ignored, after too
many years where clean and abundant water, clean air, healthy trees and
healthy wildlife were not priorities, S. 22 is a long overdue
recommitment to the protection and the preservation of our natural and
cultural resources that make this Nation truly great.
Contrary to stated cost estimates, CBO has stated this package is
budget neutral. And according to just about every environmental,
outdoor recreation, sportsmen's and historic preservation group, it's
the best thing they've seen in a long, long time.
I am particularly proud of the inclusion of my legislation, the
National Landscape Conservation System within the Bureau of Land
Management. NLCS was created administratively a decade ago. It covers
approximately 26 million acres--about 10 percent of the land
administered by the Bureau of Land Management--including National
Scenic and Historic Trails, national conservation areas, national
monuments, wilderness areas, wild and Scenic Rivers, and wilderness
study areas managed by BLM. These individual units make up the National
Landscape Conservation System. They are unique and ruggedly beautiful
areas with truly nationally significant resources.
Mr. Speaker, the opponents of this bill seem to be concerned that it
will somehow change or alter current management of these lands. This is
simply not true, and it's obvious if you read the text of the
legislation.
After almost a decade of success, it's time for Congress to put its
stamp of approval on this system by formally authorizing NLCS. That
authorization, combined with the important wilderness, wild and scenic
river trails, and other designations in this package will begin the
process of restoring the American people's faith in our ability to
serve as good stewards of the incredible natural and cultural resources
which make this Nation blessed.
{time} 1045
Mr. HASTINGS of Washington. Mr. Speaker, I yield for the purpose of
making a unanimous consent request to the gentleman from Texas (Mr.
Smith).
Mr. SMITH of Texas. Mr. Speaker, first of all, I thank the ranking
member and gentleman from Washington for yielding, and I ask unanimous
consent to have my statement made as a part of the Record as well as an
exchange of letters between Chairman Conyers and Chairman Rahall.
This Public Land bill includes a provision that falls squarely within
the jurisdiction of the House Judiciary Committee. Subtitle D of title
six of the bill imposes both civil fines and criminal penalties for the
excavation and removal of fossils and other archeological items from
federal lands.
It also includes provisions relating to forfeiture and judicial
review and enforcement of administrative fines--all within the purview
of the Judiciary Committee.
Unfortunately, the Judiciary Committee was not given an opportunity
to review or amend this language before consideration of S. 22 on the
House floor today.
This provision incorporates the Paleontological Resources
Preservation Act, which was introduced in the 110th Congress. Judiciary
Chairman Conyers and I raised questions about this language in the last
Congress. Staff from the House Resources Committee worked with our
staff to try to address these concerns.
Subtitle D employs several approaches to regulate the removal of
fossils from federal lands, including criminal penalties. Certainly,
the removal or destruction of fossils is inappropriate and should be
deterred. But in its haste to solve this problem, the Senate concluded
that a term of imprisonment is the answer.
Subtitle D makes it a felony punishable by up to five years in prison
to remove fossils from federal lands.
Even more troubling is that this crime could apply to a person who
unintentionally removes a fossil or artifact from federal land; that
is, who has no knowledge that the item may be a fossil or artifact. So
someone could pick up what they thought was an interesting pebble and
face five years in prison. I hope no Member thinks that is appropriate.
These and other issues demonstrate the importance of proper
deliberation and review of criminal statutes by the Judiciary Committee
before bills reach the House floor.
Chairman Conyers and Chairman Rahall have committed to working with
me on bipartisan legislation to promptly address the various defects in
the criminal penalty language, and I appreciate their support. It is
our hope that this legislation will move quickly through the committee
process and be considered on the House floor under suspension of the
rules.
We must ensure that any criminal penalties imposed for the removal of
fossils or artifacts from federal lands are directed at actual
criminals and do not include the unintentional acts of law-abiding
citizens who visit our national parks and forests each year.
House of Representatives,
Committee on the Judiciary,
Washington, DC, February 5, 2009.
Hon. Nick Rahall,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Rahall: I am writing regarding S. 22, the
Omnibus Public Land Management Act of 2009, which has been
received in the House after passing the Senate.
Subtitle D of title VI of that bill is a measure based on
H.R. 554 from the 110th Congress, the Paleontological
Resources Preservation Act, containing significant provisions
within the Rule X jurisdiction of the Judiciary Committee,
including criminal penalties, judicial review and enforcement
of administrative fines, use of civil and criminal fines, and
forfeiture. The Judiciary Committee received an extended
referral of H.R. 554 in the 110th Congress, and our two
committees had extensive discussions about refining the bill
in important respects.
While I understand and support the decision, in light of
the difficulty in passing S. 22 in the Senate, to attempt to
pass it in the House without amendment to ensure it reaches
the President, I regret that we will be unable to make
appropriate refinements to the provisions in the Judiciary
Committee's jurisdiction before the bill becomes law. I
appreciate your willingness to work
[[Page 7070]]
with me to make these refinements as soon as practicable in
subsequent legislation.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your attention to this matter, and
for the cooperative relationship between our two committees.
Sincerely,
John Conyers, Jr.,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, February 5, 2009.
Hon. John Conyers,
Chairman, Committee on the Judiciary, Washington, DC.
Dear Mr. Chairman: Thank you for your letter concerning the
paleontological resource provisions of Subtitle D of Title VI
of S. 22 that fall within the jurisdiction of the Committee
on the Judiciary. I appreciate your understanding of the need
to consider S. 22 in the House without amendment so as to
ensure its enactment in a timely manner. I recognize the
interest of your committee in these specific provisions and
will work with you to make any necessary and appropriate
refinements in subsequent legislation.
This letter, as well as your letter, will be entered into
the Congressional Record during consideration of S. 22 on the
House floor. Thank you for the cooperative spirit in which
you have worked regarding this matter and others between our
respective committees.
With warm regards, I am
Sincerely,
Nick J. Rahall II,
Chairman, Committee on Natural Resource.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1\1/2\
minutes to the gentleman from California (Mr. Nunes).
Mr. NUNES. Mr. Speaker, this bill contains a provision called the San
Joaquin River Settlement. It's a poison pill that targets my
constituents. If you vote for this bill today, you vote to end
agriculture in the San Joaquin Valley. This bill simply dries up
300,000 acres of farm ground. We already have 16 percent unemployment
in my district. This bill ensures 20 percent.
I thought this Congress wanted to create jobs. Do radical
environmentalists really possess the power to force Congress to choose
dead fish over living communities? How could this possibly be in the
best interest of our country during these economic times? Spending $21
million per fish to recover a Mystic Salmon run is completely
irresponsible. Citizens Against Government Waste and the National
Taxpayers Union have labeled this ``The Billion Dollar Fish Fry.''
Mr. Speaker, if you like tumbleweeds, dry dirt, bankrupt farmers,
communities without water, and people without jobs, you're going to
love this bill. If you believe that the most basic rule of government
is to provide water to the people, you must vote ``no.'' It's hard to
imagine a more flawed approach than the one this Congress has taken
today. Greed, dishonesty, and the vain hope of relief from lawsuits
seem to be the primary motivation for passage of this bill.
Mr. Speaker, I urge my colleagues to vote ``no'' on this disastrous
piece of legislation.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Altmire).
Mr. BAIRD. Will the gentleman yield?
Mr. Speaker, the prior gentleman described greed, dishonesty, and
some other thing as a motivation for the bill. Would the Speaker please
remind the gentleman that questioning motivation is not acceptable?
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair will remind all Members to address
the Chair and refrain from improper personal remarks.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Altmire), who has been very instrumental in crafting
additional language in this bill.
Mr. ALTMIRE. Mr. Speaker, I rise today in support of my amendment to
the public lands bill S. 22. I commend my colleagues in both the House
and the Senate for their efforts to advance the over 150 largely
noncontroversial bills that are included in the underlying legislation.
This bill preserves key components of America's natural heritage for
generations to come. However, as passed by the Senate, this bill did
not do enough to protect the rights of our Nation's sportsmen. For this
reason I worked to include in this bill language to rectify that
oversight. I am pleased that the House has added my amendment to the
public lands bill we're considering today because unless Congress
includes the specific protections my amendment adds to this bill,
efforts to regulate or limit hunting, fishing, or trapping could
potentially move forward in the future.
Last year I offered an amendment to protect the rights of sportsmen
on nearly 27 million acres of public lands within the National
Landscape Conservation System. It passed the House 416-5 and is
maintained within Title II of today's bill. Today we simply extend
those same protections to two other sections of the bill: rivers and
trails in title V and heritage areas in title VIII. This ensures that
nothing in these sections of the bill shall regulate hunting, fishing,
and trapping or limit their access to these public lands.
My amendment is straightforward and simple. It's supported by the
NRA, and with its inclusion, I urge my colleagues, especially
supporters of the second amendment, to vote in favor of this public
lands bill today.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 2
minutes to the gentleman from Texas (Mr. Culberson).
Mr. CULBERSON. Mr. Speaker, here again on this House floor a 1,294-
page bill has been dropped onto the American people with no committee
hearing, not even a Rules Committee hearing, spending $10 billion.
* * *
Mr. RAHALL. Mr. Speaker, I ask that the gentleman's words be taken
down.
The SPEAKER pro tempore. The Clerk will report the words.
Mr. CULBERSON. Mr. Speaker, I ask unanimous consent to withdraw my
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. CULBERSON. Mr. Speaker, it is important, however, that this House
of Representatives represent the people and do so in a way that does
not demonstrate contempt for the opinion of the people. A 1,294-page
bill, Mr. Speaker, has been dropped on the floor without regard for
committee hearings, without regard for transparency, without regard to
the promise that this leadership made to be the most transparent, open,
and accountable Congress in the history of the United States, spending
$10 billion that our children do not have. That is a complete violation
of all the promises made by this leadership to the people.
And look at the bill that they're passing. This piece of legislation
will make a criminal out of every tourist traveling to the western
United States who makes the mistake of picking up a rock and throwing
it in their trunk. Grandma and Grandpa are going to be thrown in jail.
And read from the bill if you don't believe me. If you don't have a
permit, if you're not a qualified paleontologist, and you pick up a
rock and throw it in the car, if you alter a rock on federally owned
land in most of the western States and throw it in the car, it is 5
years in prison, Page 526 of the bill, 5 years in prison for putting a
rock in your trunk. You will have the vehicle confiscated.
Turn to Page 531: ``All vehicles and equipment shall be subject to
civil forfeiture.'' So ladies and gentlemen of the Congress, if you
vote for this bill, you're voting to subject your constituents to be
thrown in jail. Grandma and Grandpa with the grandkids traveling in the
western States, if they pick up a rock and throw it in the car, 5 years
in jail, thousands of dollars in fines, and the Winnebago is going to
be confiscated. This is dead wrong.
Mr. RAHALL. Mr. Speaker, I think previous colloquies or language at
least put into this debate by the gentleman from Texas (Mr. Smith) made
it very clear that it is not the intent of the sponsors of this
legislation to see innocent civilians collecting fossils on public
lands go to jail. That's not the intent, and it's been made very clear
both in the legislation and already in this debate thus far.
[[Page 7071]]
Mr. Speaker, I yield for the purpose of making a unanimous consent to
the distinguished gentleman of our Energy and Minerals Subcommittee,
the gentleman from California (Mr. Costa).
Mr. COSTA. I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of two important pieces of
legislation that I have sponsored and that are now included in the
natural resources bill that we have received from the Senate, S. 22.
San Joaquin River Restoration Settlement Act
The first, the San Joaquin River Restoration Settlement Act, will
bring to a close 18 years of litigation between the Natural Resources
Defense Council, the Friant Water Users Authority, the U.S. Department
of the Interior and others. Representatives Cardoza, McNerney and
Radanovich joined me as co-sponsors of this legislation. This bill is
similiar to the one that we introduced in the waning days of the 109th
Congress, and reintroduced at the beginning of the 110th Congress as
H.R. 24. The bill approves, authorizes and helps fund an historic
Settlement on the San Joaquin River in California.
However, the bill we are introducing today does reflect a few
significant changes resulting from discussions among the numerous
Settling Parties and various ``Third Parties'' in the San Joaquin
Valley of California. During the past year the parties to the
settlement and these affected third parties, such as the San Joaquin
River Exchange Contractors, have agreed to certain changes to the
legislation to make the measure PAYGO neutral and to enhance
implementation of the settlement's ``Water Management Goal'' to reduce
or avoid adverse water supply impacts to Friant Division long-term
water contractors. The legislation that we are voting on today
incorporates these changes, which are supported by the State of
California and major water agencies on the San Joaquin River and its
tributaries. The Bush Administration also supported this legislation.
This bill will approve a settlement that seeks to restore
California's second longest river, the San Joaquin, while maintaining a
stable water supply for the farmers who have made the San Joaquin
Valley the richest agricultural area in the world.
The Settlement has two co-equal goals: to restore and maintain fish
populations in the San Joaquin River, including a self-sustaining
salmon fishery, and to avoid or reduce adverse water supply impacts to
long-term Friant water contractors. Consistent with the terms of the
Settlement, we expect that both of these goals will be pursued with
equal diligence by the federal agencies.
The bill also authorizes $1 million for the California Water
Institute at California State University, Fresno, for the creation of
an Integrated Regional Water Management Plan for the Central Valley.
The plan will serve as a guide for those in the study area to use to
address and solve long-term water needs in a sustainable and equitable
manner.
This legislation is crucial. Without this consensus resolution, the
parties will continue the fight, resulting in a court-imposed judgment.
It is widely recognized that an outcome imposed by a court is likely to
be worse for everyone on all counts: more costly, riskier for the
farmers, and less beneficial for the environment.
The Settlement provides a framework that the affected interests can
accept. As a result, this legislation has enjoyed the strong support of
the Bush Administration, California Governor Schwarzenegger's
Administration, the environmental and fishing communities and numerous
California farmers and water districts, including the Friant Water
Users Authority and its member districts that have been part of the
litigation.
When the Federal Court approved the Settlement in late October, 2006,
Secretary of the Interior Dirk Kempthorne praised the Settlement for
launching ``one of the largest environmental restoration projects in
California's history.'' The Secretary further observed that ``This
Settlement closes a long chapter of conflict and uncertainty in
California's San Joaquin Valley . . . and open[s] a new chapter of
environmental restoration and water supply certainty for the farmers
and their communities.''
I share the former Secretary's support for this agreement, and it is
my honor to join with Representatives Cardoza, McNerney and Radanovich,
as well as Senators Feinstein and Boxer who have previously introduced
and supported this legislation to authorize and help fund the San
Joaquin River Restoration Settlement.
For almost two years we have worked with the parties to the
settlement, affected third party agencies and the State of California
to ensure that the legislation complies with congressional PAYGO rules.
In November of 2007, the House Natural Resources Committee favorably
reported a revised version of the bill (H.R. 4074) that included
amendments conditionally agreed to by the parties that allow most
Friant Division contractors to accelerate repayment of their
construction cost obligation to the Treasury. In May of 2008, the
Senate Energy and Natural Resources Committee favorably reported the
Senate companion measure (S. 27) with provisions that further refined
the accelerated repayment concept and addressed third party concerns
about its implementation. These changes, included in the bill we
introduce today, both increase the amount of up-front funding available
for the settlement and decrease the bill's PAYGO ``score'' by $88
million, according to the Congressional Budget Office. In exchange for
agreeing to early re-payment of their construction obligation, Friant
water agencies will be able to convert their 25-year water service
contracts to permanent repayment contracts, so-called ``9D contracts''
under federal Reclamation Law.
I note that the Bureau of Reclamation and the Friant Water Users
Authority on behalf of its members have had very specific discussions
on how the repayment amounts will be calculated in accordance with this
legislation, memorialized in a letter dated February 20, 2009, from Mr.
Donald Glaser, Regional Director of the Bureau of Reclamation for the
Mid-Pacific Region. I request that Mr. Glaser's letter be inserted in
the Record.
U.S. Department of the Interior,
Bureau of Reclamation,
Sacramento, CA, February 20, 2009.
Mr. Ronald Jacobsma,
General Manager, Friant Water Users Authority, Lindsay, CA.
Subject: Financing Provisions of the San Joaquin River
Restoration Settlement Act.
Dear Mr. Jacobsma: As you are aware, amendments were made
early in 2008 to the proposed San Joaquin River Restoration
Settlement Act (Act) in an effort to reduce the ``PAYGO''
score of the Act. One of the amendments made in the Act would
authorize and direct the Secretary of the Interior to convert
certain Friant Division, Hidden Unit, and Buchanan Unit
irrigation contractors' water service contracts to water
repayment contracts, subject to certain provisions. The Act
was recently passed by the Senate as Title X, Subtitle A,
Part 1, of S. 22, and we expect the House of Representatives
to consider it shortly. As you know, staff from the Bureau of
Reclamation and the Friant Water Users Authority have had
technical discussions concerning the financing provisions of
the bill. This letter and enclosures set forth our
understanding of how the financing provisions will be
implemented if the conversion sections of the Act, found in
Section 10010, are in their current form upon enactment, if
those provisions of the bill are modified before enactment,
we will of course need to reevaluate whether the information
in this letter and enclosures is still accurate.
Enclosed is a summary of each of the financing provisions
in Section 10010 related to the contract conversion and our
understanding of how they would be implemented by Reclamation
(Enclosure 1). Also, enclosed are two specific examples to
demonstrate how the financial calculations for this
conversion and related funding would work given a number of
specific assumptions (Enclosure 2). Enclosure 2 consists of a
description of the assumptions used and a spreadsheet for
each of the examples.
If there are any problems with the information provided in
the enclosures, please contact Jason Phillips as soon as
possible to discuss and resolve.
Sincerely,
Donald R. Glaser,
Regional Director.
These new contracts will be administered as repayment contracts
consistent with federal Reclamation Law, including the Acts of August
4, 1939 (ch. 418, 53 Stat. 1187) and July 2, 1956 (ch. 492, 70 Stat.
483). The later Act, among other things, provides in part that the
contractors shall have a first right ``. . . to a stated share or
quantity of the project's available water supply . . . and a permanent
right to such share or quantity upon completion of payment. . . .'' It
is my understanding that, except as specifically provided in this
legislation, the operative provisions of such repayment contracts will
be substantially similar to the existing water service contracts.
The bill also provides in Section 10010(c)(1) that, consistent with
Section 213(a) of the Reclamation Reform Act of 1982, the ownership and
full-cost pricing provisions of federal Reclamation Law no longer will
apply to the individual Friant Contractors upon repayment of their
capital obligations. A question has arisen as to whether these
Reclamation Law limitations would apply to water delivered under such a
repayment contract after full repayment of capital, where a Friant
contractor also had a contract for another supply under
[[Page 7072]]
a water service contract, such as the Cross Valley Canal contract. It
is my understanding that the Department of the Interior and Friant
contractors concur that in such a situation, the acre-limitation and
full-cost pricing provisions would not apply to water delivered from
Central Valley Project facilities for which the capital costs had been
fully paid, but would apply to water delivered from Project facilities
for which the capital costs had not been repaid, such as water from the
Cross Valley Canal contracts.
The Senate Committee amendments also included new provisions to
enhance the water management efforts of affected Friant water
districts. These provisions are contained in Part III of Title X,
Subpart A, of the legislation before the House today. These changes
were developed by the parties to the settlement at my request and the
request of Mr. Cardoza and Mr. Radanovich to ensure that the Friant
districts have the best opportunity to mitigate water supply impacts
resulting from the Settlement.
Specifically, the legislation now includes new authority to provide
improvements to Friant Division facilities, including restoring
capacity in canals, reverse flow pump-back facilities, and financial
assistance for local water banking and groundwater recharge projects,
all for the purpose of reducing or avoiding impacts on Friant Division
contractors resulting from additional River flows called for by the
Settlement and this Legislation.
In addition, with respect to Part III authorizing financial
assistance for local projects for water banking and groundwater
storage, recovery and conveyance, the bill authorizes the Bureau of
Reclamation to share up to 50 percent of the cost of such projects. It
is my understanding that in administering other cost-sharing programs,
the Bureau typically provides the maximum cost sharing authorized
unless the applicant requests less.
Near the end of the 110th Congress, parties to the Settlement and
affected third parties came to agreement on additional provisions that
would greatly facilitate passage of the bill by making it fully PAYGO-
neutral.
The legislation we are introducing today includes substantial
funding, including direct spending on settlement implementation during
the first ten year period of $88 million gained by early repayment of
Friant's construction obligation, and substantial additional funding
authorized for annual appropriation until 2019, after which it then
becomes available for direct spending again. This additional funding is
generated by continuing payments from Friant water users and will
become directly available to continue implementing the settlement by
2019 if it has not already been appropriated for that purpose before
then.
In 2006, California voters showed their support for the settlement by
approving Propositions 84 and 1E, which will help pay for the
Settlement, with the State of California now committing at least $200
million toward the Settlement costs during the next 10 years. When
State-committed funding, direct spending authorized by the bill, and
highly reliable funding from water users are added together, there is
at least $380-390 million available for implementing the Settlement
over the next 10 years, with additional dollars possible from
additional federal appropriations.
It is my understanding that Senator Feinstein intends to work during
the 111th Congress to find a suitable offset that will allow
restoration of all of the direct spending envisioned by the settlement
without waiting until 2019, and I will do whatever I can to aid in
those efforts.
Today's legislation continues to include substantial protections for
other water districts in California who were not party to the original
settlement negotiations. These other water contractors will be able to
avoid all but the smallest water impacts as a result of the settlement,
except on a voluntary basis.
The bill we are introducing today contains several new provisions to
strengthen these third-party protections in light of the changes made
to address PAYGO. These include safeguards to ensure that the San
Joaquin River Exchange Contractors and other third parties will not
face increased costs or regulatory burdens as a result of the PAYGO
changes.
This agreement would not have been possible without the participation
of a remarkably broad group of agencies, stakeholders and legislators,
reaching far beyond the settling parties. The Department of the
Interior, the State of California, the Friant Water Users Authority,
the Natural Resources Defense Council on behalf of 13 other
environmental organizations and countless other stakeholders came
together and spent countless hours with legislators in Washington to
ensure that we found a solution that the large majority of those
affected could support.
I urge my colleagues in the House to approve this legislation and
provide the Administration the authorization it needs to fully carry
out the restoration, water management and other actions called for
under the settlement.
Sequoia and Kings Canyon National Parks Wilderness
I also rise today in support of the Sequoia and Kings Canyon National
Parks Wilderness designation.
This provision adds about 85,000 acres of wilderness in the Sequoia
and Kings Canyon National Parks in California. About 45,000 acres of
the wilderness created by this bill will be incorporated into the
currently existing Sequoia-Kings Canyon Wilderness area. The other
40,000 acres will comprise a new wilderness area, which will be named
after former Congressman John Krebs.
John Krebs served two-terms in Congress, from 1975 to 1979,
representing California's San Joaquin Valley and the central Sierra
Nevada mountains that include Sequoia and Kings Canyon National Parks.
He was born in Berlin in 1926 and immigrated to the United States in
1946. He graduated from the University of California and later US's
Hasting College of Law. He had lived in Fresno, California since 1958
and prior to being elected to Congress was active in local government,
including serving a term on the Fresno County Board of Supervisors.
I had the great privilege of working in John Krebs first
congressional campaign and joining him during his first term in
Washington. It was through his efforts that Congress first provided
federal wilderness designation for the Mineral King area.
The wilderness areas designated by this Act include some spectacular
areas within the Sequoia and Kings Canyon National Parks. The Redwood
Canyon area contains Redwood Mountain Grove, the largest stand of Giant
Sequoia within the parks. The Redwood Canyon area also includes over 75
known caves, including the longest cave in California with over 21
miles of surveyed passage.
This bill is obviously very important to me--both for preserving
these natural areas for future generations, as well as for honoring my
former boss--and I urge my House colleagues to approve S. 22 so this
measure can become law.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from California, our subcommittee Chair of our Water and
Power Subcommittee, Mrs. Grace Napolitano.
Mrs. NAPOLITANO. Mr. Speaker, allow me to speak in support of Senate
bill 22, the Omnibus Public Land Management Act of 2009, within which
are 30 separate authorizations for the Bureau of Reclamation and the
United States Geological Survey.
The 30 bills include and highlight the changing Western water
environment. The bill authorizes conservation, water-use efficiencies,
water recycling projects, addresses aging infrastructure issues, and
allows for the feasibility study of many much-needed water projects.
Our Subcommittee on Water and Power heard most of these bills. Some
were Senate bills, and were approved by unanimously by both sides.
Seven California title XVI water recycling authorizations and two
groundwater recharge authorizations are included in this bill. When
completed, these projects will produce 500,000 acre-feet of reclaimed
reuse water and added storage capacity. There are many areas of drought
in the western States, including in my home State of California, which
is now facing its third unprecedented drought year. Title XVI projects
would allow for communities to expand their local water resources and
lessen their reliance on unreliable imported water supplies.
Finally, this legislation will ratify two tribal water right
settlements in Nevada and New Mexico and set a funding mechanism for
many other settlements across the West. Most importantly, S. 22 will
resolve many years of litigation and bring ``peace in the valley''
through a sustainable water supply for tribal and nontribal
communities.
I might add this was on a bipartisan basis out of my committee at all
times.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1
minute to the gentleman from Georgia (Mr. Broun), a member of the
committee.
Mr. BROUN of Georgia. John Locke, the great political philosopher,
stated that ``the preservation of property is the reason for which men
enter into society'' and that ``no government hath the right to take
their property, or any
[[Page 7073]]
part of it, without their own consent, for this would be in effect to
leave them no property at all.''
Our Nation is facing an economic crisis. Yet Democrats are forcing
this Chamber to rush through the omnibus, or should I say ominous,
lands bill today that will increase government spending by as much as
$10 billion and permanently lock up tens of millions of acres of the
people's land.
The Federal Government already owns over 650 million acres of land
that it can't take care of. The National Park Service alone faces a
backlog of $9 million worth of projects that need to be funded. If S.
22 were to pass, there will be more wilderness acres in the United
States than the total amount of developed land. It is a huge attack on
people's rights and especially property rights.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HASTINGS of Washington. Mr. Speaker, I yield the gentleman an
additional 15 seconds.
Mr. BROUN of Georgia. It is not the role of the Federal Government to
hoard massive amounts of land, and I urge my colleagues to vote ``no''
on S. 22.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from
California, Mr. Mike Thompson.
Mr. THOMPSON of California. I thank the chairman for all the good
work he's done on this bill and ask that we enter into a colloquy on
this bill on the Trinity River.
Mr. Chairman, as you know, the Trinity River is the largest
contributory to the Klamath River and is key to helping restore salmon
and steelhead stocks along the entire Pacific coast. The Federal
Government has a responsibility to the Hoopa Valley Indian Tribe and to
the sport and commercial fishers to restore the fisheries of this great
and important river. I respectfully request the chairman's cooperation
in working with the new administration and the Appropriations Committee
to help secure the adequate funding needed to restore the Trinity River
to ameliorate any lost costs associated with the implementation of the
San Joaquin River Settlement that is within this bill.
Mr. RAHALL. Will the gentleman yield?
Mr. THOMPSON of California. Yes.
Mr. RAHALL. I am mindful and remain committed to progress in
implementing and funding the December 19, 2000, Trinity River
restoration record of decision. Restoring the fishery resources of the
Trinity River is important for the Hoopa Valley Indian Tribe,
commercial and recreational fishing families along the coasts of
California and Oregon. I agree to work with the gentleman from
California in this regard.
Mr. THOMPSON of California. Thank you very much.
{time} 1100
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 5
minutes to a very valuable member of the Natural Resources Committee,
the gentleman from Utah (Mr. Bishop).
Mr. BISHOP of Utah. Mr. Speaker, when I was teaching government, I
taught my kids that a suspension was one of those noncontroversial
bills for which it could be brought to the floor with a limited amount
of debate and no opportunity for amendments.
We have, today, a suspension that is over 177 different measures,
over half of which have never been discussed in either a House or the
floor committee meeting till this morning. Twenty-three were never
discussed in any committee hearing over in the Senate. When the true
costs are extrapolated out over the time of the authorization, it will
be close to $8 billion to $10 billion. And 37 times the description of
provisions in this bill were called controversial, but that's okay,
this is a suspension.
It doesn't matter that this bill has been criticized by the American
Motorcyclists Association for taking millions of acres of land out of
use for millions of people who want to use recreation, or been
criticized by the U.S. Chamber of Commerce. Even ESPN criticized this
particular bill. That's okay, though, this is still a suspension.
We have been told that there is a $9 billion backlog in needs in the
national parks. In the stimulus bill, apparently $2 billion was put in
there to meet the needs of the national parks, and now we exacerbate
the problem with another 8 to $10 billion in this particular bill.
This is the visitors' center in the Dinosaur National Monument in
Utah. This is a brilliant place to go. They have been able to take away
part of the mountains so a kid can go in there and actually see within
the mountainside the fossils that are still there and see what
scientists say is the beginning and be able to put them together.
Unfortunately, no one has been able to access this building for the
last 10 years because we don't have enough money to fix this building,
which has been condemned.
Rather than fixing these types of buildings, within the bowels of
this bill is a $34 million earmark to create a new national park in
Paterson, New Jersey, which will protect such natural wonders as a
condominium, a butterfly garden and a microbrewery. This is a park that
was not requested by the National Park Service or not recommended by
the National Park Service. Nonetheless, we are putting $34 million into
that while these structures that we currently have in our national park
system go vacant. That's okay. This is still a supplemental.
We will spend $110 million on heritage areas. Eleven lucky heritage
areas will get Federal money to assist them in economic development and
tourism development. If you don't happen to live in one of those lucky
eleven areas, you will be losing tourists and losing economic
development and having the wonderful opportunity to have your taxes pay
for that approach.
In rough economic times like we have, this is brilliant policy by us.
That's okay, it's still a suspension. Falls River in Massachusetts will
have the lower Taunton declared a wild and scenic river.
The Wild and Scenic River Act was there to protect areas from
development. By law or statute, you cannot have anything other than a
needful building within a mile of the bank of a wild and scenic river.
Now, the last time that we were here, I went off, probably in excess,
about showing ugly pictures in Falls River, Massachusetts. I shouldn't
have done it. It's actually a very pretty community. The sponsors of
the bill actually came back and showed pretty pictures of Falls River,
Massachusetts.
The point is, it doesn't matter whether there are ugly pictures or
pretty pictures, doesn't matter whether you think it's a cynical effort
to stop production of some port or whether you believe the spin that
this is for economic development. Regardless of whether you take any of
those stands, all of those are not the purpose of a wild and scenic
river.
This is Falls River, Massachusetts. These are not needful buildings
within a half-mile of the bank. Regardless of how you look at that
particular issue, it violates the spirit and the letter of the Wild and
Scenic River Act. And it violates more than that, because it simply
says the rule of law can be put apart that any time a majority comes on
this floor and decides to vote for an issue that can now replace the
standard of which we decide to deal with.
We have a problem with the great obstacles to our border control and
border security. Within the bowels of this bill is another bill that
will make it more difficult for border security, even on bicycles, to
try and patrol Federal lands. Those are problems within this structure,
and we are told that it's still a suspension.
We have about 12 Members, I counted, on the floor, engaging in this
debate. Soon there will be 400 more coming through these doors without
having heard the discussion, without having heard the debate and
thinking this is nothing more than a suspension. We do need regular
order.
Now, I want it very clear not only do I not own monkeys, but Mr.
Rahall is not to blame for this. Chairman Rahall has done a perfect job
on the House. Even in the bad bills he has brought forward, he at least
went through regular order. This is a byproduct of the Senate. This is
a product of the Senate, and the Senate
[[Page 7074]]
should be ashamed to try and compile 177 different bills into one
omnibus package. And we should be ashamed of actually debating it as a
suspension.
Mr. RAHALL. Mr. Speaker, unlike the omnibus lands packages of the
past by Republican Congresses that were jammed down our throats at the
last minute, this bill has been around for well over a year in our
committee. To have the bill described as being jammed down their
throats at this point, the gentleman from Utah has been in quite a few
battles with this bill, so he must know a lot about it.
I yield 1 minute to the gentleman from California, the distinguished
chairman of our Education and Labor Committee, Mr. George Miller.
Mr. GEORGE MILLER of California. I thank the gentleman for yielding
and for bringing this legislation to the floor. I particularly want to
strongly support those items for title 16 of the Reclamation Act for
water recycling and reuse. The projects in this bill are very good
projects that are not in my district. They are all over the State in
the southwest that have been authorized, but it's most important, as we
enter again the third year of this drought, with continued stress put
on all of the water systems throughout the West and the Southwest, that
we get into recycling and reuse, this will allow communities to take
control of their water resources to be more efficient in the use of
them. It allows us to develop, just in this legislation alone, that
these projects go forward and there is money in the stimulus for this.
There was money in the appropriations bill for this.
We are seeing a savings of about half a million to a million acre
feet of water in the West. That's real water. It's valuable water, and
we have the ability to reuse it.
I want to thank the gentleman for this legislation and the
subcommittee Chair, Mrs. Napolitano, a champion of water recycling and
reuse. And I would be remiss if I didn't mention the fact that this
bill also protects the beautiful Passaic Falls in Paterson, New Jersey.
Mr. HASTINGS of Washington. Mr. Speaker, how much time on both sides
remains?
The SPEAKER pro tempore. The gentleman from Washington has 5\1/2\
minutes and the gentleman from West Virginia has 7\3/4\ minutes.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 2
minutes to the gentlelady from Wyoming (Mrs. Lummis), a new member of
the committee.
Mrs. LUMMIS. Mr. Speaker, this is a very important issue to me.
I rise to oppose Senate 22, the Omnibus Public Land Management Act in
the suspension, but my decision to oppose this was not an easy one,
because two of the individual bills in this omnibus measure were
introduced in honor of a dear friend of mine, one of the truest Western
statesmen to have ever served in the United States Congress. I speak,
of course, of the late Senator Craig Thomas, who was also a Member of
this body, a tireless advocate and protector of those values that
continue to shape Wyoming and its people.
Wyoming is a State blessed with unparalleled natural resources, from
spectacular mountain ranges and wide open plains to the vast mineral
deposits that lie beneath them. In Wyoming, we find balance regarding
how those very resources are managed. The bill we are considering today
fails in achieving that have balance.
While our economy reels and the Federal deficit reaches record highs,
this bill places an additional $10 billion burden on the taxpayers in
Wyoming and across the Nation. These are not dollars being spent to
ease economic woes or create jobs, these are dollars being spent in
large part to restrict access to our public lands, to limit responsible
energy production in the West and to codify the vague and ill-conceived
National Landscape Conservation System.
Supporters of this 1,200-page massive omnibus package will tell you
that most of the bills it is comprised of are largely noncontroversial.
In some cases they are correct, but in many cases they are not.
Nearly 100 of the bills wrapped into this measure were never
considered by the full House, let alone by those of us who were
freshmen. Absolutely no amendments are allowed to be offered today.
As such, I am afforded no opportunity to work with the people of my
State to address the specific local concerns regarding the Wyoming
portion of this package.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. HASTINGS of Washington. I yield the gentlelady an additional 15
seconds.
Mrs. LUMMIS. In today's vote we are asked to choose all or nothing. I
know, Mr. Speaker, the House can do better. Our public lands deserve
better.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to a very valued new member
of our committee, Mr. Martin Heinrich, the gentleman from New Mexico.
Mr. HEINRICH. Mr. Speaker, as a New Mexican, I rise today in strong
support of this public lands package. This bill represents years of
work by local citizens, sportsmen, and conservationists from around the
Nation.
I know this firsthand. For years before I was elected to this body, I
worked with sportsmen and conservationists to add the Sabinoso
Wilderness to the National Wilderness Preservation System.
It was 3 years ago this month that then-Congressman and now Senator
Tom Udall, myself and the staff of the New Mexico BLM office spent a
long day exploring this beautiful and rugged area on horseback. The
Sabinoso is a stunning piece of New Mexico, characterized by high
mesas, deep canyons and abundant wildlife.
In New Mexico alone, this package will designate the Sabinoso
Wilderness, protect one of the most unique and beautiful cave systems
in the world and protect an area rich with dinosaur tracks. In
addition, it authorizes critical investments in water infrastructure
and efficiency for the pueblos of the Rio Grande Valley.
Mr. HASTINGS of Washington. Mr. Speaker, I think we are kind of out
of balance here.
I will reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from
Connecticut, Mr. Chris Murphy.
Mr. MURPHY of Connecticut. I thank the chairman for his work on this
bill, and let me give yet another example of the good work that has
been put into this bill.
For years there have been hundreds of volunteers and land
conservationists from throughout Connecticut, New Hampshire and
Massachusetts who put their time into preserving and upkeeping the
Triple M Trail, the Metacomet Monadnock Mattabesett Trail. For years
they have asked for a Federal partnership to work along with them to
preserve this incredibly important resource for the more than 2 million
people throughout the northeast who live within 10 miles of what we
refer to as the Triple M Trail.
This 220-mile trail goes from southern New Hampshire's southern
border all the way down to Long Island Sound and provides limitless
opportunities for hikers and bikers and nature enthusiasts throughout
the Northeast. This legislation, giving Federal designation to this
trail, is going to provide, I think, a very important lasting
partnership between the Federal Government, private landowners and
local conservation groups to preserve this for generations to come, and
I urge passage of this legislation.
Mr. HASTINGS of Washington. Mr. Speaker, could I inquire of my friend
from West Virginia how many speakers he has.
Mr. RAHALL. If the gentleman will yield, I have four speakers, and it
is my intention to conclude the debate.
Mr. HASTINGS of Washington. I will reserve my time.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from
Washington, Mr. Brian Baird.
Mr. BAIRD. Title XII of S. 22 contains four important ocean bills,
including the Federal Ocean Acidification Research and Monitoring Act.
For those who are unfamiliar with it, what this bill deals with is one
of the grave threats of carbon buildup in the atmosphere and in the
oceans.
[[Page 7075]]
Briefly, 25 percent of the carbon that is emitted is dissolved in the
ocean. That makes the water more acidic, more acidic water creates
difficulties for shellfish acquiring the minerals they need, and that
applies to everything from phytoplankton to oysters, crabs, et cetera.
It is a grave threat to the Nation and to the environment of the
planet, and this bill is a major step forward in addressing this
critical need.
I applaud this bill not only for this portion of the ocean element,
but three other critical pieces of legislation to better understand our
ocean, and urge its passage.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia, Mr. Tom Perriello.
Mr. PERRIELLO. Mr. Speaker, I rise in support of the Omnibus Public
Land Management Act, as amended by the gentleman from Pennsylvania.
As an Eagle Scout, the outdoor experiences I enjoyed helped shape my
character and my commitment to public service. All future generations
should have the same opportunity to enjoy our natural heritage that I
had growing up in the shadow of the Blue Ridge Mountains.
As amended, this act protects our outdoors and also our freedoms.
Sportsmen are some of our strongest conservationists, and their ability
to enjoy our natural heritage must be preserved. I am happy that
language has been added to ensure that no provision will be used to
limit access to public lands for hunting and fishing.
I hope this Chamber will continue to do all in its power to defend
the freedom of our sportsmen and all Americans, be it their right to
access public lands or their individual right to bear arms. Theodore
Roosevelt once said, ``The farther one gets into the wilderness, the
greater is the attraction of its lonely freedom.''
The experience of the outdoors leads sportsmen, scouts, seniors,
outdoorsmen and all Americans to understand the true meaning of
freedom.
{time} 1115
Mr. HASTINGS of Washington. I will reserve.
Mr. RAHALL. How much time does the gentleman from Washington have,
and what are his intentions to use it?
The SPEAKER pro tempore. The gentleman from Washington has 3\1/4\
minutes.
Mr. HASTINGS of Washington. And I have two speakers, including me.
Mr. RAHALL. I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, can I inquire of my friend
how many speakers he has left?
Mr. RAHALL. Two.
Mr. HASTINGS of Washington. Including you?
Mr. RAHALL. Not including me.
Mr. HASTINGS of Washington. Why don't I reserve my time, and we'll be
even.
Mr. RAHALL. All right. Then I will yield 1 minute to the gentleman
from Virginia, Mr. Gerald Connolly.
Mr. CONNOLLY of Virginia. I want to thank the distinguished chairman
for his work on this very important bill. I also want to recognize my
distinguished colleague, Rick Boucher of Virginia, for his
extraordinary leadership on the Virginia Ridge and Valley Act, which is
part of the Omnibus Public Land Management Act.
Virginia Ridge and Valley will permanently protect 43,000 acres of
Jefferson National Forest as Wilderness, and it will also protect an
additional 12,000 acres by creating two new National Scenic Areas.
These Wilderness and National Scenic Areas protect old-growth forests
in the headwaters of some of the most ecologically sensitive rivers in
Virginia, the Clinch and the Holston.
I congratulate the work of the committee; the distinguished chairman;
and my colleague, Mr. Rick Boucher, and I urge passage of the
legislation.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1
minute to a new member of the Natural Resources Committee, the
gentleman from Utah (Mr. Chaffetz).
Mr. CHAFFETZ. Thank you. More than 160 titles are wrapped into more
than 1,200 pages in this bill. Seventy-five of these titles in the
House and 23 in the Senate have never been considered, introduced, or
debated. We need openness, transparency, and debate on all bills, and
this lands bill falls far short.
This bill takes roughly 8 trillion cubic feet of natural gas and 300
million barrels of oil out of production in Wyoming. At a time when we
must strive for energy independence, and people need jobs, this is not
a time to further lock up our resources.
This bill is also filled with pork: $3.5 million to celebrate the
anniversary of St. Augustine, Florida; $250,000 dollars to decide--just
to decide--how to designate Alexander Hamilton's boyhood home.
From making a child a Federal criminal for picking up a fossil, to
locking up our public lands, to a lack of proper debate, I urge my
colleagues to join me in voting ``no'' on this bill.
Mr. RAHALL. Mr. Speaker, I yield 1 minute to a distinguished Member
and a valued member of our Committee on Natural Resources, the
gentleman from New Jersey (Mr. Holt).
Mr. HOLT. Mr. Speaker, I thank the chairman, and I commend him for
his good work on this legislation, which would preserve important
pieces of America's natural, cultural, and historical resources for
future generations. Others have spoken today about valuable parts of
this bill. I'd like to address that. In New Jersey, this bill would
preserve our heritage as one of the leaders of the Industrial
Revolution by creating the Paterson Great Falls National Historic Park
and the Edison National Historic Park.
Paterson Great Falls will protect and preserve a striking natural
resource, the Great Falls, along with cultural and historical sites
that tell the stories of our Founders, America's economic rise, and the
African American experience. Edison National Historic Park will ensure
that future generations have an opportunity to visit the home and
laboratory of one of New Jersey's most celebrated and influential
citizens and one of America's most prominent inventors, Thomas Edison.
I'd like to commend my colleagues from New Jersey, Representatives
Pascrell and Payne, for their hard work on these issues, and I'd also
like to commend Representative Hinchey for his work on the Washington
Rochambeau Trail in this bill. The trail will help link many of the
sites in New Jersey's Crossroads of the American Revolution. These
sites are of great importance to the residents of central New Jersey,
and I urge my colleagues to support it.
Mr. HASTINGS of Washington. Once again, Mr. Speaker, I understand
that I am ready to close on my side. If the gentleman from West
Virginia is prepared to close after I speak, I will go ahead.
Mr. RAHALL. I am prepared to close.
Mr. HASTINGS of Washington. I yield myself the balance of my time,
Mr. Speaker.
Mr. Speaker, I just want to make a point. There's some reference here
to the NRA and what their position is on this bill. I just want to say
that there was a letter passed to all Members that NRA has no position
on this bill. They are neutral.
Mr. Speaker, because under suspension of the rules Members cannot
offer amendments directly to S. 22, so, Mr. Speaker, may I ask the
gentleman from West Virginia to yield for the purpose of an amendment
to his motion to strike the provisions of S. 22 which can criminalize
rock-collecting on Federal lands?
Mr. RAHALL. Simple, simple answer. No.
Mr. HASTINGS of Washington. Mr. Speaker, let me try another one.
There are several issues here. May I ask the gentleman from West
Virginia to yield to me for the purpose of an amendment to his motion
to guarantee that S. 22 will not prohibit or delay energy development
on millions of acres of Federal lands affected by this bill?
Mr. RAHALL. That is not the case. The answer is no.
Mr. HASTINGS of Washington. The gentleman won't yield. Mr. Speaker, I
will try one more time.
May I ask the gentleman from West Virginia to yield to me for the
purpose
[[Page 7076]]
of an amendment to his motion to guarantee that S. 22 will not prohibit
recreational access for all Americans to the millions of acres of
Federal lands affected by this bill?
Mr. RAHALL. The question is not in order, Mr. Speaker.
Mr. HASTINGS of Washington. Mr. Speaker, how much time do I have
left?
The SPEAKER pro tempore. The gentleman has 1\1/4\ minutes.
Mr. HASTINGS of Washington. Mr. Speaker, I just want to point out
that this is an extraordinary process. Suspension of the rules for
bills are generally for noncontroversial issues. This is a $10 billion
authorization bill, and it was amended. It was amended. But nobody
else, including those that I referenced here earlier, had an
opportunity to come to the floor and offer their amendment in their way
to try to perfect this bill.
So, I am urging my colleagues to vote ``no'' on this bill. When it's
defeated under suspension of the rules, the majority can take this back
to Rules, have an open rule so we can debate this process, I think, in
a very reasonable way.
Because, keep in mind, Mr. Speaker, we were told, ``No amendments on
this bill or the Senate will take it down to their purgatory.'' That
didn't happen. So, with that, Mr. Speaker, I yield back my time and
urge a ``no'' vote.
Mr. RAHALL. How much time, Mr. Speaker?
The SPEAKER pro tempore. Two minutes.
Mr. RAHALL. Mr. Speaker, much has been said about the cost of this
legislation. I think it's important to note that CBO estimates that
enacting S. 22 would have no effect on revenues and no net effect on
direct spending over the 2009 to 2018 period, which is the time period
relevant to enforcing the pay-as-you-go rules under the current budget
resolution. So, this legislation is PAYGO-compliant. PAYGO rules do
apply here; something the Republicans never followed when they were in
power.
This is an authorization process and, as most Members know, there's a
difference between authorization and appropriation. If Members oppose
certain projects in this bill, then the case is to take this to the
Appropriations Committee, where those concerns can be properly aired.
The bill contains numerous provisions related to non-Federal matching
funds in order to maximize public benefit while minimizing Federal
expenditures, an important point that has not yet been made in the
pending legislation.
So, as I conclude, Mr. Speaker, let me say, as I said in the
beginning, this bill is important, especially in today's troubled
economic times. We find more and more families where both breadwinners
have to find jobs in order to make ends meet. That means that quality
time spent at home is rare, and the quantity of time in which families
can spend together is even more rare today. Whenever there is time
found together, it must be quality time, and that quality time can be
found in our National Parks and our public lands and our heritage areas
and our historically preserved areas, in our open spaces.
And that's what this legislation is about. It's a family values
issue. Providing hardworking American families today time to spend
quality time and quantity time is rare; to spend quality time together
in our open spaces, recognizing the vast heritage and important
heritage and proud heritage of this great land that we call America.
That is what this legislation is all about, and I urge my colleagues to
vote ``yes.''
Mr. STUPAK. Mr Speaker, I am troubled by the manner in which this
bill, S. 22, the Omnibus Public Lands Act, was brought to the House
floor with no opportunity to amend and little input from members of
this chamber.
We are all aware of the challenges in moving legislation,
particularly this legislation, through the Senate. But that does not
mean we should defer to the judgment of 99 Senators and let the voices
of the 435 members of the House and their constituents go unheard.
There are a lot of good things in this bill. For example, I am
pleased S. 22 includes stand alone legislation I have introduced, H.R.
488, to decrease the matching funds requirement and authorize
additional appropriations for Keweenaw National Historical Park in
Michigan. Another provision in the bill would support the North Country
National Scenic Trail, which snakes more than a thousand miles across
my state.
Despite the inclusion of these provisions, this could be a stronger
bill with input from the House. There is no better example of this than
the one amendment that was allowed, that offered by Mr. Altmire. His
amendment protects access to public lands for recreational activities
otherwise allowed by law or regulation, including hunting, fishing and
trapping and clarifies states' authority to manage fish and wildlife
populations.
I have drafted an amendment, which due to the way this bill was
brought to the floor I was unable to offer, to strip a provision
designating 11,739 acres at Pictured Rocks National Lakeshore as the
Beaver Basin Wilderness Area. The proposed wilderness designation is
located entirely in my congressional district and lacks the support of
the local city and county governments. This issue deserved debate and
consideration by the House before pushing through this public lands
bill.
Quickly adding S. 22 to the suspension calendar and effectively
blocking input and changes is not appropriate regular order.
Ultimately, the good things in this bill outweigh my frustrations over
the process so I will support final passage. But I urge you, Mr.
Speaker, to restore regular order to the House floor.
Mr. PAYNE. Mr. Speaker, I would like to ask my colleagues to join me
today to pass S. 22, the Omnibus Public Land Management Act. This bill
is a compilation of over 160 bills intended to protect millions of
acres of wilderness and miles of national wild and scenic rivers. It
will also establish three new national park units, four new national
trails and more. The Lifetime Innovations of Thomas Edison (LITE) Act,
which is part of the omnibus legislation, honors the life and
accomplishments of New Jersey's own Thomas Edison.
The Lifetime Innovations of Thomas Edison Act (LITE) Act is a
testament to Edison whose impact is still being felt today. Congress,
in 1928, honored Edison with the Congressional Gold Medal for the
``development and application of inventions that have revolutionized
civilization in the last century.'' In 1997, Life magazine named Edison
``Man of the Millennium'' in recognition of his inventions that have
transformed modern society, including the incandescent light bulb, the
motion picture camera, and the phonograph. The LITE Act will preserve
the intellectual and physical accomplishments of Thomas Edison by
commemorating his lifetime achievements; re-designating the Edison
National Historic Site, located in West Orange, NJ, my Congressional
district, as a National Historic Park; and authorizing appropriations
to support the site.
The Edison site is actually comprised of two separate sites--Edison's
home of 45 years (known as Glenmont) and his laboratory complex. The
Edison site houses over five million pages of documents, over 400,000
artifacts, approximately 35,000 sound recordings, and over 10,000 books
from Edison's personal library. Like this priceless collection of
documents and artifacts, Edison's laboratory complex and home are also
historical treasures. With buildings dating back to 1887, the
laboratory complex was one of America's first research and development
facilities, and is where Edison earned over half of his 1,093 patents.
Moreover, Mr. Edison's gravesite is located on the grounds of his
beloved Glenmont, a twenty-nine room home built in 1880 that contains
original furnishings and other family items.
The LITE Act is critical to efforts to protect the Thomas Edison
National Historic Site. The Edison site has enormous historical
significance for America and for the world, and is badly in need of
restoration. The need for major infrastructure improvements at the
Edison site has been documented as early as 1972. Additionally, the
site was listed, in 1992, by the National Trust for Historic
Preservation as one of the nation's most ``endangered historic
places.'' The laboratory complex is currently closed to the public
because of an extensive restoration effort. It is estimated that the
first phase of the restoration effort will conclude this April and that
the laboratory complex will open for public preview some time this
summer. Renovations at Glenmont have been completed and the site is
open to the public and fully functioning. Plans also exist for a second
phase of the restoration project. Currently, National Park Service
(NPS) staff are housed in historic buildings under less than ideal
circumstances. The second phase will focus on getting NPS staff out of
the historic buildings and into office space that better supports their
critical mission of preserving Edison's historical legacy.
[[Page 7077]]
When the Edison site was fully operational, approximately 95,000
people visited the site each year. It is estimated that the number of
visitors will nearly triple when the first phase of the restoration
project is completed. The LITE Act would ensure this commitment by re-
designating the Edison site as a ``national historical park''
(consistent with National Park Service guidelines) and authorizing
appropriations for restoration work. These measures will preserve
Thomas Edison's historical legacy, enhance the educational experience
of visitors to the site, and hopefully, encourage more private funding
for restoration projects.
Although private benefactors--most notably the Edison Preservation
Foundation--have generously donated significant resources to restore
the site, the federal government's long-term commitment to the site is
critical to its longevity and educational mission. This legislation
recognizes Thomas Edison's numerous contributions to American society
and preserves the Edison National Historic Site as a leading
educational, scientific and cultural center.
S. 22, the Omnibus Public Land Management Act of 2009 is a sweeping
piece of legislation that will conserve millions of acres of America's
splendor for future generations. The Lifetime Innovations of Thomas
Edison Act is a small component of the bill but will provide great
educational and entertainment opportunities for the people of New
Jersey and others who will visit this historic gem. I respectfully urge
my colleagues to support this important legislation.
Mrs. CAPPS. Mr. Speaker, I rise today to express my support for S.
22, the Omnibus Public Land Management Act of 2009.
I want to thank Chairman Rahall for his leadership during the
previous Congress to move this important legislation forward. While we
were unable to vote on this package last year, it is time that we pass
these bills.
This legislation is a bipartisan package of more than 160 individual
bills, and incorporates a wide range of public lands, water resources,
and ocean and coastal protection measures that impact various regions
of our Nation. All of the bills included in the package have been
thoroughly reviewed and approved by the House or favorably reported by
the Senate committee of jurisdiction during the 110th Congress.
Today, I wish to highlight four bills in the omnibus package that I
sponsored during the 111th Congress.
First, the Coastal and Estuarine Land Conservation Program Act.
This legislation codifies and strengthens an existing NOAA program--
the Coastal and Estuarine Land Conservation Program or CELCP--that
awards grants to coastal states to protect environmentally sensitive
lands.
As someone who represents over 200 miles of California's coastline,
I'm well aware of the pressures of urbanization and pollution along our
nation's coasts. These activities threaten to impair our watersheds,
impact wildlife habitat and cause damage to the fragile coastal
ecology.
Coastal land protection partnership programs, like CELCP, can help
our Nation meet these growing challenges.
For example, in my congressional district I've worked collaboratively
with environmental groups, willing sellers, and the State to conserve
lands and waters around Morro Bay, on the Gaviota Coast, and near the
Piedras Blancas Light Station.
These projects have offered numerous benefits to local communities by
preserving water quality, natural areas for wildlife and birds, and
outdoor recreation opportunities--thereby protecting for the future the
very things we love about the coasts.
Although the program has been in existence for six years, it has yet
to be formally authorized. This legislation seeks to do just that. It
expands the federal/state partnership program explicitly for
conservation of coastal lands.
Under this program, coastal states can compete for matching funds to
acquire land or easements to protect coastal areas that have
considerable conservation, recreation, ecological, historical or
aesthetic values threatened by development or conversion.
It will not only improve the quality of coastal areas and the marine
life they support, but also sustain surrounding communities and their
way of life.
I would also like to acknowledge the work of former Congressman Jim
Saxton. Mr. Saxton introduced this legislation in the 109th and 110th
Congresses. His longstanding commitment to passage of this legislation
will ensure the protection of the important coastal habitat and provide
for increased recreational opportunities throughout his home state of
New Jersey.
The Omnibus Public Land Management Act also includes my Integrated
Coastal and Ocean Observation System Act.
This legislation seeks to establish a national ocean and coastal
observing, monitoring, and forecasting system to gather real-time data
on the marine environment, to refine and enhance predictive
capabilities, and to provide other benefits, such as improved fisheries
management and safer navigation.
To safeguard our coastal communities and nation, we must invest in
the integration and enhancement of our coastal and ocean observing
systems.
The devastation caused by tsunamis, hurricanes, and other coastal
storms demonstrates the critical need for better observation and
warning systems to provide timely detection, assessment and warnings to
millions of people living in coastal regions around the world.
The U.S. Commission on Ocean Policy, the Pew Oceans Commission, and
many government ocean advisory groups have called for the establishment
of a national integrated coastal and ocean observing system as the
answer to this challenge.
Specifically, the National Integrated Coastal and Ocean Observing
System Act would formally authorize the President to develop and
operate a genuine national coastal and ocean observing system to
measure, track, explain, and predict events related to climate change,
natural climate variability, and interactions between the oceans and
atmosphere, including the Great Lakes; promote basic and applied
science research; and institutionalize coordinated public outreach,
education, and training.
Importantly, this system will build on recent advances in technology
and data management to fully integrate and enhance the nation's
existing regional observing assets, like the Southern and Central and
Northern California Ocean Observing Systems, which operate off
California's coastline. These systems have proven invaluable in
understanding and managing our ocean and coastal resources.
I would also like to commend our former colleague from Maine,
Congressman Tom Allen, for championing this legislation in the 110th
Congress. Congressman Allen worked tirelessly to enact this important
legislation in the last session, and he deserves a tremendous amount of
credit when this measure is signed into law.
S. 22 also includes my City of Oxnard Water Recycling and
Desalination Act.
This bill authorizes a proposed regional water resources project--the
Groundwater Recover Enhancement and Treatment or GREAT Program--located
in my congressional district.
Many communities today are faced with the difficult task of providing
reliable and safe water to their customers. The City of Oxnard is no
exception.
Oxnard is one of California's fastest growing cities and is facing an
ever-growing crisis: it's running out of affordable water.
The water needs for the city's agricultural and industrial base,
together with its growing population, have exceeded its local water
resources. As a result, over 50 percent of its water has to be imported
from outside sources. However, through a series of local, state and
federal restrictions the amount of imported water available to the city
is shrinking, while the cost of that water is rising.
Recognizing these challenges, Oxnard developed the GREAT Program to
address its long-term water needs.
The GREAT Program elements include a new regional groundwater
desalination facility to serve potable water customers in Oxnard and
adjacent communities; a recycled water system to serve agricultural
water users and provide added protection against seawater intrusion and
saltwater contamination; and a wetlands restoration and enhancement
component that efficiently reuses the brine discharges from both the
groundwater desalination and recycled water treatment facilities.
Implementation of the GREAT Program will provide many significant
regional benefits.
First, the new desalination project will serve ratepayers in Oxnard
and adjacent communities, guaranteeing sufficient water supplies for
the area.
Second, Oxnard's current water infrastructure delivers approximately
30 million gallons of treated wastewater per day to an ocean outfall.
The GREAT Program will utilize the resource currently wasted to the
ocean and treat it so that it can be reused by the agricultural water
users in the area.
During the non-growing season, it will inject the resource into the
ground to serve as a barrier against seawater intrusion and saltwater
contamination. To alleviate severely depressed groundwater levels, this
component also pumps groundwater into the aquifer to enhance
groundwater recharge.
Finally, the brine produced as a by-product of the desalination and
recycling plants will provide a year-round supply of nutrient-rich
water to the existing wetlands at Ormond Beach.
I commend Oxnard for finding innovative and effective ways of
extending water supplies
[[Page 7078]]
in the West. In my view, the City of Oxnard Water Recycling and
Desalination Act supports one such creative solution.
It will reduce the consumption of groundwater for agricultural and
industrial purposes, cut imported water delivery requirements, and
improve local reliability of high quality water deliveries.
Finally, the package includes my Goleta Water Distribution System
Conveyance Act.
This bill authorizes the title transfer of a federally owned water
distribution system in my congressional district from the Bureau of
Reclamation to the Goleta Water District.
The purpose of the legislation is to simplify the operation and
maintenance of the District's water distribution system and eliminate
unnecessary paperwork and consultation between the District and the
Bureau.
The Goleta Water District has operated and maintained the facilities
proposed for transfer since the 1950s. They have worked through all
requirements of the Bureau's title transfer process, including public
meetings, fulfillment of their repayment obligations, completion of an
environmental assessment, and compliance with all other applicable
laws.
The only step remaining to complete the process is an act of Congress
enabling the Secretary of the Interior to transfer title.
It is important to note that the proposed transfer would apply only
to lands and facilities associated with the District and would not
affect the District's existing water service contract with the Santa
Barbara County Water Agency, nor the Federal government receipts from
water deliveries under the contract.
In addition, the proposed transfer does not envision any new physical
modification or expansion of the service infrastructure.
I'm pleased the Bureau supported my legislation, which will allow the
Bureau to focus its limited resources where they are needed most.
In my view, this is an example of local problem-solving at its best.
I commend the staff of the water district and the Bureau for their
efforts to reach this agreement. I know that they have been working on
this for several years now.
In closing, Mr. Speaker, all of these bills could not have been
accomplished without the strong support and hard work and dedication of
the House Leadership and Chairman Rahall, and I thank them for
successfully moving these priorities in my congressional district.
I urge all of my colleagues to support the Omnibus Public Land
Management Act of 2009.
Mr. MINNICK. Mr. Speaker, I rise today in support of the Public Lands
Management Act.
Teddy Roosevelt once spoke of his fondness for the out of doors when
he said, ``there are no words that can tell the hidden spirit of the
wilderness, that can reveal its mystery, its melancholy, and its
charm.''
This legislation contains a protection for a number of America's
public lands and in particular, for a treasured place back in my home
of Idaho called the Owyhee Canyonlands.
Last summer, I had the privilege of spending a week floating the
river which created the area this bill will protect. We saw redband
trout in the pristine rapids, camped along the lush river banks,
climbed up the rocky canyon walls to see bighorn sheep, and stood at
the top looking at a rich desert plateau of sage grouse, antelope and
bald eagles.
When passed, this bill will permanently protect as wilderness 517,000
beautiful acres in the southwestern corner of my home state's landscape
and would provide wild and scenic status to nearly 315 miles of rivers.
It will also guarantee that the ranching families who have protected
this land for generations will continue on, with their grazing rights
protected.
None of that would be possible without the hard work of my friend and
colleague in the Senate, Mike Crapo, who fostered a collaborative
process of ranchers, public officials, community leaders and
conservationists to preserve our cherished Owyhees.
Many of these provisions in this bill have been waiting on
Congressional action for years and are supported by Members from across
the political spectrum. I urge you to join us today in supporting this
historic legislation.
Mr. ISSA. Mr. Speaker within the gigantic omnibus lands bill that is
on the floor today are two authorizations for water projects that will
greatly benefit my Congressional District and much of Southern
California. I did not ask that the Santa Margarita Conjunctive Use
Project and the Elsinore Valley Municipal Water District Wildomar
Service Area Recycled Water Distribution Facilities and Alberhill
Wastewater Treatment and Reclamation Facility Projects be rolled into
this 1,200, plus-page bill. Each of these projects had enough merit to
pass the House on their own and could have just as easily passed the
Senate. They are worthy projects that will help to address the water
shortage that Southern California continues to experience.
The first authorization, for the Santa Margarita Conjunctive Use
Project, directs the Bureau of Reclamation to construct a project for
the benefit of the Fallbrook Public Utilities District and the United
States Marine Corps base at Camp Pendleton consisting of enhanced
recharge in the groundwater basins using natural and enhanced river
flows. All of the project rights-of-way are already held. A feasibility
study and joint EIS/EIR is under preparation by the Bureau of
Reclamation.
The project sets aside and preserves valuable riparian and upland
habitats of the last free flowing river in California, using a portion
of the 1,300 acres originally purchased for a dam and reservoir. It
would improve and partially privatize the water supply to USMC Base
Camp Pendleton, which will receive better quality water in quantities
sufficient to meet water needs up to its ultimate planned utilization.
This legislation also provides a final resolution to litigation that
began over forty years ago. In 1966, the U.S. District Court directed
the Department of the Interior to provide a ``physical solution'' to
the division of water of the Santa Margarita River as set forth in a
stipulated judgment. Previous legislative efforts to authorize a two
dam project on the river were not successful. The conjunctive use
project utilizes advances in water treatment technology, making it
possible to comply with the court's directive at less than half the
cost of the two dam project and without environmental degradation.
Finally, this project provides a safe, drought and earthquake proof
water supply of as much as 18,000 acre feet of water per year, enough
for 35,000 families, for Camp Pendleton and Fallbrook. The project
yield will be split with 60% for Camp Pendleton and 40% for Fallbrook.
This is a good project and deserves to be authorized.
The second authorization, the Elsinore Valley Municipal Water
District Wildomar Service Area Recycled Water Distribution Facilities
and Alberhill Wastewater Treatment and Reclamation Facility Projects,
Amends the Reclamation Wastewater and Groundwater Study and Facilities
Act to authorize the Secretary of the Interior, in cooperation with the
Elsinore Valley Municipal Water District, California, to participate in
the design, planning, and construction of permanent facilities needed
to establish recycled water distribution and wastewater treatment and
reclamation facilities that will be used to treat wastewater and
provide recycled water in the water district.
This project is needed to provide additional water resources for
agricultural and residential areas in Riverside County. In the wake of
additional water limitations from the Colorado River and the Sacramento
Delta this authorization creates an additional local water resource
that gives the district better options.
Ms. DeLAURO. Mr. Speaker, we have an obligation to our communities
and to generations that follow, to preserve our nation's scenic beauty,
wildlife, and outdoor recreation. The Grand Canyon, Yellowstone,
Acadia, and the Blue Ridge Mountains are just a few of our country's
natural treasures admired around the world. Yet there are many more, so
critical to our natural heritage and to our basic well-being.
The Omnibus Public Land Management Act of 2009 (S-22) will save many
of those other special places and sustain America's unique greatness as
a nation of unparalleled natural treasures. One of the many important
achievements of this package of 160 public lands bills is Congressional
designation of 86 Wild & Scenic rivers in Arizona, California, Idaho,
Massachusetts, Oregon, Utah, Vermont, and Wyoming. From our own
experience in Connecticut we know the special value of a Wild & Scenic
river designation.
Take for example our Eightmile River Wild and Scenic River
designation signed into law last May, championed by my colleague Joe
Courtney. An unprecedented level of protection has now been produced
for one of New England's outstanding river systems, and Wild & Scenic
designation was the catalyst for getting it done. In CT like New
England we are many separate towns with our own identities and agendas.
Getting towns to work together on regional issues is very tough. But
the Wild & Scenic process brought the watershed towns together and they
worked hard for several years. With the support of the designation
process, they scientifically identified the river system's outstanding
resource values such as its high ``Water Quality'' and diversity of
``Unique Species.'' They built community awareness of the river's
importance and community involvement in the Wild and Scenic process.
The commitment to protect the river was widespread among citizens and
made official through overwhelming town votes for
[[Page 7079]]
designation. Today, thousands of acres have been conserved and a long
term management plan for the entire Watershed developed and adopted.
Now, through its Wild and Scenic designation, the Eightmile has a
federal partner and special federal protection. It is a model of
communities taking strong action together to realize a common vision.
It is also a model of how small amounts of federal funding can help
inspire local action and leverage substantial non-federal resources.
I am so pleased to see Congress taking action through the Omnibus
Public Land Management Act of 2009 to realize our common desire to keep
America the beautiful. As Wild and Scenic designation is a great asset
for our state, this bill will help create many more invaluable assets
for our entire country.
Mr. RAHALL. Mr. Speaker, I submit for inclusion in the Record the
following exchange of letters between the Judiciary and Natural
Resources Committees regarding a certain jurisdictional aspect of S.
22.
House of Representatives,
Committee on the Judiciary,
Washington, DC, February 5, 2009.
Hon. Nick Rahall,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Rahall: I am writing regarding S. 22, the
Omnibus Public Land Management Act of 2009, which has been
received in the House after passing the Senate.
Subtitle D of title VI of that bill is a measure based on
H.R. 554 from the 110th Congress, the Paleontological
Resources Preservation Act, containing significant provisions
within the Rule X jurisdiction of the Judiciary Committee,
including criminal penalties, judicial review and enforcement
of administrative fines, use of civil and criminal fines, and
forfeiture. The Judiciary Committee received an extended
referral of H.R. 554 in the 110th Congress, and our two
committees had extensive discussions about refining the bill
in important respects.
While I understand and support the decision, in light of
the difficulty in passing S. 22 in the Senate, to attempt to
pass it in the House without amendment to ensure it reaches
the President, I regret that we will be unable to make
appropriate refinements to the provisions in the Judiciary
Committee's jurisdiction before the bill becomes law. I
appreciate your willingness to work with me to make these
refinements as soon as practicable in subsequent legislation.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your attention to this matter, and
for the cooperative relationship between our two committees.
Sincerely,
John Conyers, Jr.,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, February 5, 2009.
Hon. John Conyers,
Chairman, Committee on the Judiciary, Rayburn HOB,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter concerning the
paleontological resource provisions of Subtitle D of Title VI
of S. 22 that fall within the jurisdiction of the Committee
on the Judiciary. I appreciate your understanding of the need
to consider S. 22 in the House without amendment so as to
ensure its enactment in a timely manner. I recognize the
interest of your committee in these specific provisions and
will work with you to make any necessary and appropriate
refinements in subsequent legislation.
This letter, as well as your letter, will be entered into
the Congressional Record during consideration of S. 22 on the
House floor. Thank you for the cooperative spirit in which
you have worked regarding this matter and others between our
respective committees.
With warm regards, I am
Sincerely,
Nick J. Rahall, II,
Chairman.
Mr. LANGEVIN. Mr. Speaker, I rise in strong support of S. 22, the
Omnibus Public Land Management Act of 2009. Not only does this measure
combine 71 bills already passed by the House of Representatives that
improve forest health, facilitate better land management and protect
water resources; it contains a bill that is long overdue for the
President's signature--The Christopher and Dana Reeve Paralysis Act.
In the beginning of the 108th Congress, I joined a number of my
colleagues in announcing the introduction of this critical piece of
legislation. On that spring day in 2003, we were joined by Christopher
Reeve. Each of us who had the privilege of working with Chris knows
that his voice was strong and his perseverance was limitless. He worked
tirelessly to raise awareness of spinal cord injuries and bring science
closer to a cure. I would like to take this opportunity to recall what
he said to us on that day six years ago:
``I am honored and humbled to have my name associated with such a
powerful piece of legislation. The passage of this bill will send an
unprecedented message--the issues of research, rehabilitation and
quality of life are paramount to improving the lives of those living
with disabilities.''
These words ring true today--and I know that the spirit and force
behind them are more powerful than ever as we prepare to pass a bill
that will truly make a difference in the advancement of paralysis
research. This legislation will authorize funding for the National
Institutes of Health (NIH) to expand and coordinate NIH activities on
paralysis research to prevent redundancies and accelerate discovery of
better treatments and cures. It will also establish a grant program in
the Department of Health and Human Services for activities related to
paralysis, including establishing registries and disseminating
information.
Mr. Speaker, as a lawmaker eager to preserve our public lands, as
well as find new treatments and cures for paralysis, I urge my
colleagues to vote in favor of S. 22 and support its final passage.
Mr. WOLF. Mr. Speaker, I will vote today for S. 22 because I have
been an advocate of initiatives like many that are authorized in this
package that protect our nation's historical, cultural, and scenic
heritage. Several provisions in this bill will specifically help to
preserve areas in my district and throughout the state of Virginia.
I have cosponsored and voted for the Civil War Battlefield
Preservation Act, which is included in this package and provides grants
to assist with the purchase of important Civil War sites that have not
yet been protected. This program has helped preserve many sites in my
district, rich in Civil War heritage. Most recently, the purchase of
the site of the Battle of Third Winchester is contingent on receiving
grant funding from this program.
Other initiatives that will preserve important sites in Virginia that
are included in this package are the Virginia Ridge and Valley Act, the
Northern Neck National Heritage Area Study Act and the Washington-
Rochambeau Revolutionary Route National Historic Trail Designation Act.
While I agree in general with the intent of programs included in this
package, I also have concerns regarding some of its provisions. There
is language included in the bill that would prohibit natural resource
development on about 1.2 million acres in Wyoming. According to the
Bureau of Land Management, this provision would permanently take 8.8
trillion cubic feet of natural gas and 300 million barrels of oil out
of production. I believe that it is irresponsible to put restrictions
on domestic energy production. Environmentally friendly domestic energy
production should be considered as part of a comprehensive energy plan
to help stabilize the cost of gasoline and reduce U.S. dependence on
foreign oil.
I also maintain that long-term, permanent energy policy must be
developed through clean, alternative and renewable energy resources to
fuel our cars and light our homes and businesses. Solar power, wind
power, clean coal technology, nuclear power, the hydrogen economy, new
energy transmission technology, hybrid vehicle development, biofuels--
every option must be on the table for investment and development to
secure our nation's energy needs for the 21st century. But we cannot
close the door to domestic energy production.
Mr. BRADY of Pennsylvania. Mr. Speaker, as chairman of the Committee
on House Administration, I urge passage of S. 22, which contains three
important projects to advance the mission of the Smithsonian
Institution.
This legislation would authorize the design and construction of
laboratory and support space for the Mathias Laboratory at the
Smithsonian Environmental Research Center (SERC) in Edgewater,
Maryland; authorize construction of laboratory space to accommodate the
terrestrial research program at the Smithsonian Tropical Research
Institute (STRI) in Gamboa, Panama; and authorize construction of a
greenhouse facility at its museum support facility in Suitland,
Maryland, to maintain the horticultural operations of, and preserve the
orchid collection held in trust by, the Smithsonian. The diverse nature
of these projects is a good example of the unique role that the
Smithsonian plays in advancing our knowledge of the natural world.
The Committee on House Administration and the Committee on
Transportation and Infrastructure reported legislation last year
approving Smithsonian construction projects, which subsequently passed
the House without controversy. This omnibus legislation, S. 22, is the
clearest and quickest way to ensure enactment of these important
initiatives.
Mr. RAHALL. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr.
[[Page 7080]]
Rahall) that the House suspend the rules and pass the Senate bill, S.
22, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
SUPPORTING DESIGNATION OF PI DAY
Mr. DAVIS of Tennessee. Mr. Speaker, I move to suspend the rules and
agree to the resolution (H. Res. 224) supporting the designation of Pi
Day, and for other purposes.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 224
Whereas the Greek letter (Pi) is the symbol for the ratio
of the circumference of a circle to its diameter;
Whereas the ratio Pi is an irrational number, which will
continue infinitely without repeating, and has been
calculated to over one trillion digits;
Whereas Pi is a recurring constant that has been studied
throughout history and is central in mathematics as well as
science and engineering;
Whereas mathematics and science are a critical part of our
children's education, and children who perform better in math
and science have higher graduation and college attendance
rates;
Whereas aptitude in mathematics, science, and engineering
is essential for a knowledge-based society;
Whereas, according to the 2007 Trends in International
Mathematics and Science Study (TIMSS) survey done by the
National Center for Education Statistics, American children
in the 4th and 8th grade were outperformed by students in
other countries including Taiwan, Singapore, Russia, England,
South Korea, Latvia, and Japan;
Whereas since 1995 the United States has shown only minimal
improvement in math and science test scores;
Whereas by the 8th grade, American males outperform females
on the science portion of the TIMSS survey, especially in
Biology, Physics, and Earth Science, and the lowest American
scores in math and science are found in minority and
impoverished school districts;
Whereas America needs to reinforce mathematics and science
education for all students in order to better prepare our
children for the future and in order to compete in a 21st
Century economy;
Whereas the National Science Foundation has been driving
innovation in math and science education at all levels from
elementary through graduate education since its creation 59
years ago;
Whereas mathematics and science can be a fun and
interesting part of a child's education, and learning about
Pi can be an engaging way to teach children about geometry
and attract them to study science and mathematics; and
Whereas Pi can be approximated as 3.14, and thus March 14,
2009, is an appropriate day for ``National Pi Day'': Now,
therefore, be it
Resolved, That the House of Representatives--
(1) supports the designation of a ``Pi Day'' and its
celebration around the world;
(2) recognizes the continuing importance of National
Science Foundation's math and science education programs; and
(3) encourages schools and educators to observe the day
with appropriate activities that teach students about Pi and
engage them about the study of mathematics.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Davis) and the gentleman from Georgia (Mr. Broun) each
will control 20 minutes.
General Leave
Mr. DAVIS of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on House Resolution 224, the
resolution now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. DAVIS of Tennessee. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 224, supporting the
designation of Pi Day. This Saturday is March 14. The Greek letter pi--
the symbol for the ratio of the circumference of a circle to its
diameter--is rounded to 3.14.
I'd like to take this opportunity to encourage our Nation's students
of all ages, schools, and teachers, to observe Pi Day with fun math and
science activities and events.
This is a lighthearted event with serious goals. Math and science
underpin our Nation's economic competitiveness and national security.
By engaging in fun math and science activities from a young age, we are
setting our students on a path towards science and math literacy, and
opening the door to rewards and promising careers.
Research has shown that most students who are not comfortable with
math and science by junior high remain intimidated or uninterested
throughout their education careers.
On Pi Day, we want students to have fun with math and science.
Second-graders could calculate the area of a pizza pie at a Pi Day
pizza party. Sixth graders could learn about Newton's Laws of Motion
from a game of boccie ball. Tenth-graders could learn about the
hyperbolic functions by shooting Nerf rockets in the park.
I leave the specifics to the schools, but my advice is to go and have
some fun. Let the students see firsthand how math and science is fun
and relevant. Let them see that it does apply to them. Let them
discover that they really do like math and they really do like science.
This is a lighthearted event, but the underlying problems we have in
America are serious. The President of the United States stood in this
room a few weeks ago and told us that ``the countries that out-teach us
today will out-compete us tomorrow.''
According to the 2007 Trends in International Mathematics and
Science, a survey done by the National Center for Education Statistics,
American children in the fourth and eighth grades were outperformed by
students in other countries, including Taiwan, Singapore, Russia,
England, South Korea, Latvia, and Japan. Other students have been
making improvements since the 1995 TIMSS, but they still are not
achieving their potential. It doesn't matter to them as individuals
but, boy, does it matter to our Nation as a whole.
The 2005 National Academics Report, ``Rising Above the Gathering
Storm,'' looked at our economic competitiveness and showed us a blank
and bleak future--a stagnating U.S. economy, an ill-equipped
educational system, and the U.S. losing its place as a scientific world
leader.
The recommendations contained in the ``Rising Above the Gathering
Storm'' report were meant to pull us off the path we were on. They were
signed into law in 2007 as part of the America COMPETES Act, and fell
basically into three categories: Investments in basic research;
innovation as the path toward reducing our dependence on foreign oil;
and improving science, technology, engineering, and math education.
{time} 1130
Our students' education, especially in science and math, will be a
key component of our national economic competitiveness. We need to
ensure not only that the Nation produces the top scientists,
mathematicians, and engineers, but that every student is prepared for
the high-paying technical jobs of the 21st century. We need the
engineers that will invent the next new things; we need the
manufacturers to design it, and an educated workforce to produce it. We
cannot, and would not want to, compete globally on wages alone. We need
to operate at a much higher level in this country.
Given the current economic crisis, our economic competitiveness is
more important than ever before. We have been trying to create jobs
immediately, which we need to do, absolutely; but we also need to look
down the road. If we do not take action to strengthen our Nation's
economic competitiveness now, including improving science and math
education, we could create jobs now, only to lose them in the future to
foreign competition.
[[Page 7081]]
We need to make sure that our children are prepared, and a strong
foundation in math and science education is an essential part of that
preparation. One of the best ways we can prepare our students is by
encouraging their interest in math and science. So I am asking our
Nation's students and teachers, for all of our sake, to go out and have
fun around Pi Day.
I reserve the balance of my time.
Mr. BROUN of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of House Resolution 224.
Improving math and science curriculum in our schools is great and
admirable, as well as an absolute necessity, for our undertaking as
Nation, and it is one that is long overdue. While our students have
continued to improve in these fields over the course of the past few
years, America is still being outperformed by students in many other
countries.
This is not a problem that can be simply fixed by this resolution.
Nonetheless, every step must be taken with an aim to addressing this
shortcoming in our school systems, and this resolution is undoubtedly a
part of that. So I appreciate and thank Chairman Gordon and Ranking
Member Hall for bringing this important piece of legislation to the
floor in the hopes of drawing even more attention to an area of
critical need in our Nation's education system.
For our children and grandchildren to be able to compete in a global
world, we must refocus on math and science and inspire our children in
these fields at an early age, and House Resolution 224 helps us to do
just that. Therefore, I support this resolution and the goals and
ideals that it means to attain, and I urge my colleagues to do the
same.
I want to congratulate my dear friend from Tennessee (Mr. Davis) on
his remarkable opening remarks, and I want to associate myself with
those remarks.
Math and science are absolutely critical for us to be able to compete
in a global economy, to be able to compete against nations all over
this world. We are lacking in math and science; we are lacking in the
subjects that are so critically important to this Nation for us to have
our children be able to compete in that global economy.
As a physician, I believe in science, of course. But it is much more
than that. We have seen a degradation of the quality of education of
our children. No Child Left Behind has been an absolute disaster. In
fact, I have talked to educator after educator for the last several
years since I have been here in Congress or running for Congress, and I
have not found one who likes No Child Left Behind, because teachers are
having to teach to the test, having to teach to these national
standards, which have led the teachers away from actually teaching kids
how to think, how to calculate, how to utilize the scientific method to
investigate new things. This resolution helps to place a focus upon
that, to help us to bring forth science as being a critical issue for
our Nation. And it is a critical issue.
I would like to see No Child Left Behind go away. I would like to see
us stop teaching in schools things that are not as important and things
that should be taught at home in intact families. So we need to rebuild
families and encourage families to do that, instead of continuing this
huge leap to a welfare state, a huge leap towards bigger government, a
huge leap towards removing responsibility for the individuals and
building a bigger government, a bigger socialistic society.
We need to empower teachers, we need to empower educators at all
levels to teach math and science, English and history. We need to have
English as the official language of America. We need to have the basic
tenets of education, reading, writing, arithmetic, science, history,
English, be absolutely the important focus of education in America
today. This bill focuses on one part of that that we need to bring
forth, and I gladly support this House resolution.
I thank my colleague from Tennessee for his remarks, and I do
associate myself with those remarks. They were great. With that, I
encourage every Member of this body to support this resolution.
I yield back the balance of my time.
Mr. DAVIS of Tennessee. Mr. Speaker, I yield myself such time as I
may consume.
Obviously, the gentleman from Georgia is a good friend and a
neighbor. Each of us recognizes the need to train the young minds who
will be the entrepreneurs, the inventors, those who will be bringing to
the table new inventions that will help America's economy not only be
competitive, but America's economy be the one that achieves and perhaps
even brings this world out of what we see today as an economic
recession.
Years ago, in the 1970s, we established legislation on the national
level that brought to rural areas in my congressional district and the
gentleman from Georgia's congressional district special education,
where we literally focused on young minds that were maybe not as
capable of reaching the higher achievements, or they may not ever reach
college. But some of the instructions that we gave them, some of the
special attention we gave through special education has actually
presented some of those individuals the opportunity where some have
attended college. But it has also given them an opportunity to be
competitive in our economy and to be a part of our society. We must do
the same thing for the best and brightest as well. It is my hope that,
as we engage in K-12, that we continue to focus on science, math, and
technology, and to challenge the bright young minds that we have not
been challenging in the past.
We have been fortunate in this country through our higher educational
system, which is, in my opinion and as scored by many throughout the
world, the best higher educational system in the world. It is a merit-
based system. In many of the countries throughout the world, their K-12
is also merit-based, and we have been getting some of those best and
brightest from some of the K-12 educational systems to come to our
colleges and retain them here in our economy, and they have been a part
of America's economic growth.
We are losing those students today. We cannot depend on other
countries' best and brightest. We have got to be sure that we train our
best and brightest. And by challenging our teachers, our school
systems, and youngsters to become involved in this fun day could maybe
encourage them to realize they can be competitive and become the
entrepreneurs and inventors of the future for America.
It is my privilege to manage the bill today, and certainly to manage
it with my good friend from Georgia (Mr. Broun).
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Davis) that the House suspend the rules
and agree to the resolution, H. Res. 224.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. DAVIS of Tennessee. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
RECOGNIZING SUCCESS OF MARS EXPLORATION ROVERS
Mr. DAVIS of Tennessee. Mr. Speaker, I move to suspend the rules and
agree to the resolution (H. Res. 67) recognizing and commending the
National Aeronautics and Space Administration (NASA), the Jet
Propulsion Laboratory (JPL), and Cornell University for the success of
the Mars Exploration Rovers, Spirit and Opportunity, on the 5th
anniversary of the Rovers' successful landing.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 67
Whereas the Mars Exploration Rovers Spirit and Opportunity
successfully landed on
[[Page 7082]]
Mars on January 3, 2004, and January 24, 2004, respectively,
on missions to search for evidence indicating that Mars once
held conditions hospitable to life;
Whereas NASA's Jet Propulsion Laboratory (JPL), managed by
the California Institute of Technology (Caltech), designed
and built the Rovers, Spirit and Opportunity;
Whereas Cornell University led the development of advanced
scientific instruments carried by the 2 Rovers, and continues
to play a leading role in the operation of the 2 Rovers and
the processing and analysis of the images and other data sent
back to Earth;
Whereas the Rovers relayed over a quarter million images
taken from the surface of Mars;
Whereas studies conducted by the Rovers have indicated that
early Mars was characterized by impacts, explosive volcanoes,
and subsurface water;
Whereas each Rover has discovered geological evidence of
ancient Martian environments where habitable conditions may
have existed;
Whereas the Rovers have explored over 21 kilometers of
Martian terrain, climbed Martian hills, descended deep into
large craters, survived dust storms, and endured 3 cold, dark
Martian winters; and
Whereas Spirit and Opportunity will have passed 5 years of
successful operation on the surface of Mars on January 3,
2009, and January 24, 2009, respectively, far exceeding the
original 90-Martian day mission requirement by a factor of
20, and are continuing their missions of surface exploration
and scientific discovery: Now therefore be it
Resolved, That the House of Representatives--
(1) commends the engineers, scientists, and technicians of
the Jet Propulsion Laboratory and Cornell University for
their successful execution and continued operation of the
Mars Exploration Rovers, Spirit and Opportunity; and
(2) recognizes the success and significant scientific
contributions of NASA's Mars Exploration Rovers.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Davis) and the gentleman from Georgia (Mr. Broun) each
will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. DAVIS of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on H. Res. 67, the resolution now
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. DAVIS of Tennessee. Mr. Speaker, I yield myself such time as I
may consume.
A little over 5 years ago, the NASA rovers named Spirit and
Opportunity landed on the surface of Mars. These rovers originally had
a 90-day mission to survey the surface of the red planet and send back
scientific information.
By all measures, both rovers were incredibly successful during their
original 90-day missions. Both rovers were able to maneuver around the
surface of Mars, and they sent back scores of captivating images. The
information they sent back has helped us to better understand the past
and present geology of our planetary neighbor, and provided indication
that water once flowed on the surface of Mars.
The little rovers proved to be so robust that their original 90-day
mission was extended, and extended, and extended again. Ultimately, the
mission was extended six times. That is a tribute to our scientific
knowledge in this country. Both rovers continue to function and are
roving the surface of Mars as I speak.
Without a doubt, these rovers have been wildly successful. Besides
being impressive fetes of science and engineering, they have inspired
countless children of our country with their amazing images of the red
planet. This truly represents the best of what our national space
program is about, and provides a reminder of why we should continue to
support the work of NASA.
I want to thank the sponsor of this resolution, Mr. Dreier, for
introducing House Resolution 67, and I encourage my colleagues to
support its passage.
I reserve the balance of my time.
Mr. BROUN of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of House Resolution 67. This
resolution recognizes and commends NASA, the Jet Propulsion Laboratory,
and Cornell University for the success of the Mars exploration rovers,
Spirit and Opportunity.
{time} 1145
By almost any measure, the Mars exploration rovers have been an
extraordinary success. These rovers, named Spirit and Opportunity, were
originally intended to perform a 90-day mission on the hostile surface
of Mars. Spirit was the first rover to land on the Mars surface on
January 3, 2004. Spirit was joined on the Martian surface by
Opportunity 3 weeks later on January 24, 2004. From the very early
phases of the mission, these rovers have exceeded even the wildest
expectations of the Jet Propulsion Laboratory team that designed and
built them.
Originally intended to perform a 90-day mission to search for
evidence of water and other conditions that could have supported life
on the harsh surface of the red planet, they have now exceeded that
goal by over 1,800 days. Along the way they rewrote our knowledge of
the Martian environment by discovering and verifying geological
evidence of ancient Martian environments where hospitable conditions
may have existed.
While on Mars, these rovers have explored over 21 kilometers of
Martian terrain, survived dust storms, mechanical difficulties, and
endured three cold, dark Martian winters. The advanced scientific
instruments deployed in conjunction with Cornell University have
relayed over a quarter million images, including evidence of explosive
volcanoes and subsurface water.
At a time when Americans could use some good news, it is fortunate
that we can recognize and commend the men and women of the National
Aeronautics and Space Administration, the Jet Propulsion Laboratory and
Cornell University for their outstanding success in designing,
developing, launching and operating the Mars Exploration Rovers.
Mr. Speaker, I urge my colleagues to support this resolution.
I reserve the balance of my time.
Mr. DAVIS of Tennessee. Mr. Speaker, I yield as much time as he may
consume to the gentleman from California (Mr. Schiff).
Mr. SCHIFF. I thank the gentleman for yielding.
Mr. Speaker, colleagues, 5 years ago in January, 2004, I had the
privilege of being in the control room at the Jet Propulsion Laboratory
when Spirit, the first of two identical Mars rovers, landed in Gusev
Crater. It was an amazing experience to watch the dozens of engineers,
controllers and scientists who had worked so hard and for so long on
the rover project to see its initial success. I'm proud to have many of
them as my constituents, and I'm honored to share JPL with my
colleague, David Dreier, and have joined him in this resolution
honoring 5 years of surface operations by Spirit and its twin,
Opportunity.
Spirit and Opportunity landed on Mars to begin what was planned as a
3-month mission to evaluate whether conditions would have at one time
been suitable for life on the red planet. Under the leadership of Dr.
Charles Elachi and Principal Investigator Steve Squyres of Cornell
University, JPL employees worked around the clock to make the most of
what was planned as a limited duration mission.
Equipped with cameras, spectrometers and grinders, America's robotic
explorers have now been hard at work for more than 5 years and are
still going strong. The rovers' incredible durability is a testament to
the quality of their design, the care with which their operations are
managed and a scientific bonanza for scientists here and around the
world.
The rovers' discovery of evidence of past water on Mars was 2004's
top scientific ``Breakthrough of the Year'' according to the journal
Science. The rovers have also uncovered evidence of Mars' violent
volcanic past and have transmitted more than 36 gigabytes of data back
to Earth.
Despite a gimpy wheel, Spirit has spent most of the past year
exploring an area dubbed Home Plate, which is
[[Page 7083]]
rich in silica, another telltale sign of water. Opportunity has had
shoulder troubles, but has covered a lot of ground in the last 5 years.
The rover spent almost 2 years exploring Victoria Crater and has now
begun a long drive to its next major destination, a much larger crater
called Endeavour. At more than 14 miles in diameter, Endeavour is more
than 20 times larger than Victoria.
People around the world have been captivated by the stunning
photographs of the Martian surface and the planet's ruddy sky. In the
first 2 months after Spirit and Opportunity landed on Mars, JPL's rover
Web site registered almost 9 billion hits. Since then we have watched
the seasons change on Mars and have marveled at the changing terrain as
the rovers have moved about the surface.
NASA's Jet Propulsion Laboratory, managed by the California Institute
of Technology, designed, built and controls the rovers. JPL has been
the pioneer of our exploration of the solar system from the beginning
of our space program and is one of the crown jewels of American
science. Explorer I, America's first satellite, was a JPL project. At
the time it was launched, the United States had fallen behind the
Soviets in the space race, and several other attempts of getting an
``American Sputnik'' into orbit had ended in fiery explosions on the
launch pad. Not only did Explorer I salvage our pride, but the tiny
satellite discovered the Van Allen radiation belts that circle the
Earth.
Since then, JPL probes have explored most of our solar system--from
the Ranger series that paved the way for the Apollo moon landings, to
Voyager's grand tour of the outer planets in the 1970s and 1980s, to
last spring's landing on Mars by the Mars Phoenix--and have also
surveyed the cosmos as well as our own planet.
In 2 years NASA will launch an even larger rover, the Mars Science
Laboratory, which will build on the work being done today by Spirit and
Opportunity. With a little luck, the rovers will still be working--
still expanding our understanding of Mars and, more importantly, of
ourselves.
I urge all my colleagues to support the resolution.
Mr. BROUN of Georgia. Mr. Speaker, I would like to yield to my good
friend whom I respect tremendously, Mr. Dreier from California, as much
time as he may consume.
Mr. DREIER. Mr. Speaker, let me say how much I appreciate the hard
work and the very thoughtful remarks by my very good friend. Mr. Broun,
Mr. Davis and Mr. Schiff have all outlined some of the very great
challenges that have been faced with this amazing Spirit and
Opportunity program.
I, like my friend, Mr. Schiff, was 5 years ago there when this
program began. And I will never forget when Dr. Charles Elachi, the
director of the Jet Propulsion Laboratory about whom Mr. Schiff was
just speaking, leaned to me and said, ``David, you know, I know this is
scheduled to have a life span of 90 days, 3 months.'' He said, ``I
suspect that it might just go a little longer than that.'' And here we
are today marking the fifth anniversary of Spirit and Opportunity,
named by two young students who came together. They had a contest to
name them. And these very bright and thoughtful kids came forward and
said they wanted to name them Spirit and Opportunity. And they have
gone through an amazing 5 years, as Mr. Broun said so well, wind storms
and all kinds of cold and great adversity, and yet they are still
chugging along providing very important information back to us. Mr.
Schiff talked about the days ahead, and now Opportunity is headed to
that new massive crater Endeavour. And so we are going to continue to
get more and more interesting information. These three gentlemen, Mr.
Speaker, have just talked about what Spirit and Opportunity have gone
through.
I would like to take a moment to look at the context around which
this whole issue is being considered, and that is the devastating
economic times that we are facing right here in the United States of
America. Obviously, first and foremost on our minds is getting our
economy back on track, ensuring that people who are suffering greatly
with foreclosures and job losses, and even worse in some instances, are
able to have those needs addressed. And many of us have been working to
try and put into place a strong, bold, dynamic and robust economic
growth program that, interestingly enough, is modeled after the program
that was put into place by the man who called for us to put a man on
the Moon by the end of the decade in the 1960s. That, of course, was
John F. Kennedy. And we are continuing to try and work for those kinds
of growth policies.
Now the reason I say that, Mr. Speaker, is that there are so many who
would argue that, as we look at sort of the amorphous space program out
there, why in the world are we investing resources on that when we have
so many pressing challenges right here at home? And there are a couple
of points that I think need to be made. First, when we were celebrating
the landing of another great JPL program, the Phoenix, one of the great
scientists got up and talked about the fact that throughout world
history, every single developed nation has, in fact, regardless of what
challenges they faced, always looked at the imponderable. They have
always made risk to pursue the unknown. And I'm reminded, of course,
that it was the great Queen Isabella who sold her jewels so that
Christopher Columbus might have the opportunity to discover America.
And so risk-taking is something even during adverse times we need to
continue to pursue. And we can't ignore that, because we are the United
States of America, the greatest nation the world has ever known. And
that is why this is very important.
Second, we need to also realize, Mr. Speaker, that there are very
important gains that we as a society and as a world are able to glean
from this very important work, whether it is in medical imaging, and I
know Dr. Broun understands that, whether it is in dealing with
environmental protection, whether it is dealing with cellular
technology or global positioning systems, there are a wide range of
things that have emanated from programs like Spirit and Opportunity
that have dramatically improved the standard of living and quality of
life of people here in the United States and around the world.
And so it is in that context that I join in celebrating the work of
our friends in the Jet Propulsion Laboratory and CalTech and all
involved in this very important NASA research and effort that is going
on. I thank both my friends for their hard work in their committee and
for coming forward and allowing Mr. Schiff and me to consider this
resolution.
Mr. Speaker, I am proud to rise in support of this resolution which I
authored with my California colleague, Mr. Schiff, to recognize the
five-year anniversary of the landing of the Mars Exploration Rovers,
Spirit and Opportunity. I also commend the individuals that contributed
to the success of the missions. In particular, the great minds at the
La Canada Flintridge-based Jet Propulsion Laboratory (JPL), who
designed and built the rovers, and whom I have the distinct honor to
represent. JPL is managed by the California Institute of Technology
(Caltech), and very ably led by JPL's outstanding director, Dr. Charles
Elachi.
Mr. Speaker, as you may recall, during the summer of 2003, NASA
launched its Mars Exploration Rovers from Cape Canaveral Air Force
Station in Florida. The rovers were an exciting addition to NASA's Mars
Exploration Program, and their mission was to explore the surface of
Mars for three months in search of clues to give scientists a peek into
the planet's past. Specifically, the rovers were to determine whether
Mars had ever contained environments with quantities of water
sufficient to support life.
After traveling more than a quarter million miles, Spirit and
Opportunity successfully landed on Mars's surface on January 3, 2004
and January 24, 2004, respectively. Within their primary three-month
mission time frame, the rovers successfully uncovered geological
evidence indicating that a body of water once flowed through certain
regions, and that early Mars was characterized by impacts from meteors,
explosive volcanoes and subsurface water.
In an amazing display of endurance, Spirit and Opportunity managed to
maintain their operational status far beyond the three months
[[Page 7084]]
that were expected, and continue to operate to this day, five years
later. The rovers explored more than 21 kilometers of Mars's terrain,
climbed hills, descended deep into large craters, survived dust storms
and endured three brutal Martian winters. Their amazing missions
continue to yield valuable information about the history of Mars and
are symbolic of America's pioneering spirit.
Mr. Speaker, while oftentimes the parts that are developed for our
space missions are sent off never to be seen again, it is important to
realize that the technology stays here at home where it continues to
make important contributions to our lives. For example, NASA-sponsored
work at facilities like JPL has resulted in the development of critical
technologies that have been commercially applied in fields as far
ranging as medical imaging, transportation, cellular
telecommunications, supercomputing and environmental protection. In
addition, these projects inspire our youth to pursue education in the
STEM fields--science, technology, engineering and mathematics. And they
provide well-paid, highly technical jobs for innovators and
entrepreneurs throughout our country. In fact, the success of the Mars
rovers is due to the contributions of many, including workers from all
across the country--from Composite Optics in San Diego, California to
BAE Systems in Manassas, Virginia.
The footprints of NASA's many successes have been made as far away as
our moon, the planet Mars and beyond. But its most important impact is
here at home. The work being done at JPL and other facilities is
spurring the innovations that create jobs and make our lives better.
And it is inspiring new generations of innovators who will pursue the
careers that will continue to keep the United States at the forefront
of technological advancement.
Mr. Speaker, I commend the men and women whose tireless work has made
the Mars rovers' expeditions such a tremendous success, and I urge my
colleagues to vote in support of this resolution.
Mr. DAVIS of Tennessee. I yield myself as much time as I may consume.
As heard earlier on this floor, we talked about other nations
throughout the world who seem to be achieving higher academic standards
than we are here in this country in the classroom. But as we start
observing many of these countries, none of those are putting in play
and putting into reality the science that we are doing in this country.
The rovers, Spirit and Opportunity, that landed on Mars were an
American project, not one of the other nations that we talked about. So
as we discuss from time to time areas where we must recognize we may
have failures, but our educational system is also providing, and has
provided, bright young minds with the challenges that has brought
forward the research, the development, the space exploration that is
going on today in this country.
I reserve the balance of my time.
Mr. BROUN of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
I thank my colleague from Tennessee and my colleague from California.
We are, as Republicans and Democrats, coming and talking about
something that is extremely important, and that is science exploration
of Mars and what Spirit and Opportunity have done there. We talked on
the previous bill about math and science and how important it is that
we go forward with these types of projects. And it absolutely is
critical for the future of our Nation that we do so.
The other things that are critical for our Nation that we need to
explore is how to stimulate our economy. And the best way to stimulate
our economy is by stimulating small business. Small business is hurting
today. It is hurting terribly. The American middle class and the
workers of America are hurting terribly.
We have proposals brought forth to this floor in bill after bill that
markedly increase the size of the Federal Government. This is what I
call the steamroll of socialism being shoved down the throats of the
American people.
{time} 1200
We have to find solutions to this economic problem we have in
America. And building a bigger government, building a more socialistic
government, is not going to create jobs. It is not going to bring about
the things that we need to get us out of this economic downturn.
I hope that as we work together on this bill, and as we did with the
previous bill, that we can work together, Democrats and Republicans
alike, can come and find some commonsense economic solutions for
America, commonsense solutions that will stimulate the real economic
engine of America, and that is small business.
Small businesses create most of the jobs in America today. We have
proposals that are going to take away jobs from small business because
it is going to put a heavier regulatory burden on that small business.
It is going to put a heavier tax burden on small businesses. We have
seen proposals in the budget that will increase taxes on what is
described as the wealthiest in America.
But most of those tax increases will affect small businesses, and it
is going to rob jobs, rob jobs that are critical for the economic well-
being of America.
Small business is the economic engine that pulls along the train of
economic prosperity in America, and we need to stoke the fires of that
train so it has the ability to create jobs, to bring us out of this
economic downturn.
What I see over and over again are policies that are being suggested
that are going to rob small business of those critical assets that they
need. They are going to rob the American people of the jobs that we
need.
Government does not make one single nickel, not one single penny. All
it does is it takes away from the private sector. We have policies that
are taking away from the private sector and increasing a bigger and
bigger government to tell us how to live our lives. It is robbing the
private sector of necessary funds that are absolutely critical to get
us out of this economic downturn.
We cannot continue down this road toward a socialistic society with
socialized medicine that is going to destroy the quality of health
care. It is going to be extremely costly. It has been said very often
around here that if you think health care is expensive today, wait
until it is free. It is going to destroy the innovation that is
absolutely critical.
So as we commend NASA, the Jet Propulsion Laboratory and Cornell
University on this outstanding scientific accomplishment that they
brought forward with Spirit and Opportunity, we need to look beyond
that and we need to look in a bipartisan way. We have got to stop what
I think is an idiocy of destroying small business and creating a bigger
socialistic government.
We have seen bill after bill that spend too much, tax too much,
borrow too much. Our children and grandchildren are going to live at a
standard that is much less than we have today if we don't just stop
this, and I am struggling for a word here, but one where we are
bringing forth policies that are absolutely adverse to what this
country was founded upon. We stand at a crossroads, and it is a
crossroads that will lead one direction towards socialism and total
government control, and another direction which leads toward freedom,
entrepreneurship, innovation and economic security.
So I call upon my colleagues on the Democratic side, let's work
together. Let's work together to find policies that make sense. Let's
work together to find commonsense market-based solutions that will
stimulate small business, that won't hurt our children and
grandchildren like bill after bill that is being proposed and a budget
that is being proposed. We have to stop this direction, this steamroll
of socialism that is being driven by Nancy Pelosi and Harry Reid. It is
a steamroller of socialism that is being shoved down the throats of the
American people, and it is going to strangle the American economy. It
is going to kill the American public economically.
So as we applaud these scientific endeavors, I call upon my
Democratic colleagues to work with us in a bipartisan way so we can
find economic solutions that are so drastically needed, so that we can
find the solutions that America needs.
Mr. Speaker, I yield back the balance of my time.
[[Page 7085]]
Mr. DAVIS of Tennessee. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I have observed over the last 8 years probably the
largest increase in spending in the history of this country except
perhaps the 8 years of Lyndon Johnson. And all that spending was
directed toward some of the same exact spending that is occurring today
under this new administration and under this new majority in Congress.
Yet I hear described under the old administration good government,
with the exact same expenditures, becoming socialism. I suggest that we
all become bipartisan and start reading from the same dictionary.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Davis) that the House suspend the rules
and agree to the resolution, H. Res. 67.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. DAVIS of Tennessee. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to suspend the rules on H. Res. 67 will be
followed by 5-minute votes on the motion to suspend the rules on S. 22
and the motion to suspend the rules on H. Con. Res. 38, if ordered.
The vote was taken by electronic device, and there were--yeas 421,
nays 0, not voting 10, as follows:
[Roll No. 116]
YEAS--421
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--10
Alexander
Bright
Buyer
Hall (NY)
Kosmas
Maloney
McCarthy (NY)
Miller, Gary
Radanovich
Schock
{time} 1231
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the Senate bill, S. 22, as
amended, on which the yeas and nays were ordered.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the Senate bill, S. 22, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 282,
nays 144, not voting 6, as follows:
[Roll No. 117]
YEAS--282
Abercrombie
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Bono Mack
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castle
Castor (FL)
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Fudge
Gerlach
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Gutierrez
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
[[Page 7086]]
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
LaTourette
Lee (CA)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Massa
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKeon
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pelosi
Perlmutter
Perriello
Peters
Petri
Pingree (ME)
Platts
Polis (CO)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--144
Aderholt
Akin
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boozman
Boren
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Carter
Cassidy
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Duncan
Emerson
Fallin
Flake
Fleming
Forbes
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gingrey (GA)
Gohmert
Goodlatte
Granger
Graves
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson, Sam
Jordan (OH)
King (IA)
King (NY)
Kingston
Kline (MN)
Lamborn
Latham
Latta
Lee (NY)
Linder
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McHugh
McMorris Rodgers
Mica
Miller (FL)
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Olson
Paul
Pence
Peterson
Pitts
Poe (TX)
Posey
Price (GA)
Putnam
Rehberg
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Westmoreland
Wilson (SC)
NOT VOTING--6
Alexander
Bright
Hall (NY)
Kosmas
Miller, Gary
Radanovich
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Holden) (during the vote). There are 2
minutes remaining in this vote.
{time} 1238
Mr. DAVIS of Tennessee changed his vote from ``nay'' to ``yea.''
So (two-thirds not being in the affirmative) the motion was rejected.
The result of the vote was announced as above recorded.
____________________
AUTHORIZING USE OF CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS'
MEMORIAL SERVICE
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and agreeing to the concurrent resolution, H. Con.
Res. 38.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Maryland (Ms. Edwards) that the House suspend the
rules and agree to the concurrent resolution, H. Con. Res. 38.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Recorded Vote
Mr. DeFAZIO. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 417,
noes 0, not voting 14, as follows:
[Roll No. 118]
AYES--417
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
[[Page 7087]]
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--14
Alexander
Bright
Capps
Dingell
Edwards (MD)
Gutierrez
Hall (NY)
Kirk
Kosmas
Miller, Gary
Radanovich
Rohrabacher
Rush
Watson
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1252
So (two-thirds being in the affirmative) the rules were suspended and
the concurrent resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
YEAR OF THE MILITARY FAMILY
Mr. SKELTON. Mr. Speaker, I move to suspend the rules and agree to
the concurrent resolution (H. Con. Res. 64) urging the President to
designate 2009 as the ``Year of the Military Family''.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:
H. Con. Res. 64
Whereas there are more than 1.8 million family members of
regular component members of the Armed Forces and an
additional 1.1 million family members of reserve component
members;
Whereas slightly more than half of all members of the
regular and reserve components are married, and just over 40
percent of military spouses are 30 years or younger and 60
percent of military spouses are under 36 years of age;
Whereas there are nearly 1.2 million children between the
ages of birth and 23 years who are dependents of regular
component members, and there are over 713,000 children
between such ages who are dependents of reserve component
members;
Whereas the largest group of minor children of regular
component members consist of children between the ages of
birth and 5 years, while the largest group of minor children
of reserve component members consist of children between the
ages of 6 and 14 years;
Whereas the needs, resources, and challenges confronting a
military family, particularly when a member of the family has
been deployed, vastly differ between younger age children and
children who are older;
Whereas the United States recognizes that military families
are also serving their country, and the United States must
ensure that all the needs of military dependent children are
being met, for children of members of both the regular and
reserve components;
Whereas military families often face unique challenges and
difficulties that are inherent to military life, including
long separations from loved ones, the repetitive demands of
frequent deployments, and frequent uprooting of community
ties resulting from moves to bases across the country and
overseas;
Whereas thousands of military family members have taken on
volunteer responsibilities to assist units and members of the
Armed Forces who have been deployed by supporting family
readiness groups, helping military spouses meet the demands
of a single parent during a deployment, or providing a
shoulder to cry on or the comfort of understanding;
Whereas military families provide members of the Armed
Forces with the strength and emotional support that is needed
from the home front for members preparing to deploy, who are
deployed, or who are returning from deployment;
Whereas some military families have given the ultimate
sacrifice in the loss of a principal family member in defense
of the United States; and
Whereas 2009 would be an appropriate year to designate as
the ``Year of the Military Family'': Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) expresses its deepest appreciation to the families of
members of the Armed Forces who serve, or have served, in
defense of the United States;
(2) recognizes the contributions that military families
make, and encourages the people of the United States to share
their appreciation for the sacrifices military families give
on behalf of the United States; and
(3) urges the President--
(A) to designate a ``Year of the Military Family''; and
(B) to encourage the people of the United States and the
Department of Defense to observe the ``Year of Military
Family'' with appropriate ceremonies and activities.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Missouri (Mr. Skelton) and the gentleman from Colorado (Mr. Lamborn)
each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
General Leave
Mr. SKELTON. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SKELTON. Mr. Speaker, I yield myself such time as I might
consume.
Mr. Speaker, I rise in strong support of House Concurrent Resolution
64, which I introduced, along with my ranking member, John McHugh, and
the majority of my colleagues on the Armed Services Committee.
House Concurrent Resolution 64 calls for the President to designate
2009 as the ``Year of the Military Family.''
For over 7 years, our Nation has been in sustained conflict. Our
servicemembers are facing multiple deployments, but they are not the
only ones who are shouldering the burden of the war. Nearly 2 million
of our military families have also shared in that burden.
While I am proud of Americans across this great Nation who have
volunteered or contributed funds and supplies to support our deployed
and injured troops, those who have been on the forefront of those
efforts are the military families. Over the last several years,
military families have faced months of separation, some as long as 18
to 20 months. With over 1 million children between the ages of birth
and 23 years of age who have parents in uniform, there have been many
missed birthdays, graduations, holidays, and a child's first words and
other major life accomplishments that are all too common as troops
continue to experience back-to-back deployments.
Military families endure such hardship and sacrifices so their
servicemember can proudly continue to serve the Nation. Military
families often provide moral support, as well as comfort, to each
other, especially during these difficult times. However, many families,
especially those in the Reserves and Guard, do not have that luxury.
Often these families must face these hardships alone, far from support
programs and far from facilities that are located on military bases.
The President and Mrs. Obama have stated that military families will
be a top priority for this administration. I applaud the President and
Mrs. Obama for their commitment to their military families.
Mr. Speaker, I urge the President to continue this commitment and
recognize the sacrifices of military family members who have given
support to their servicemember and this nation, and declare this to be
the ``Year of the Military Family.''
I urge my colleagues to join me in support of this important
resolution.
I reserve the balance of my time.
Mr. LAMBORN. Mr. Speaker, I rise also in support of House Concurrent
Resolution 64, which urges the President to designate 2009 as the
``Year of the Military Family,'' and I thank the chairman of the Armed
Services Committee, Representative Skelton, for offering it.
Mr. Speaker, I am honored to pay tribute today to the force behind
the force--the military family. It has long been known that the
military services recruit individuals but retain families. This has
never been more true nor
[[Page 7088]]
more critical than it is today. The support our troops receive from
their loving families--mothers, fathers, sisters, brothers, spouses and
children--is intangible, and it is nothing less than a powerful force
multiplier.
Dedicating a year to honor the service and sacrifice of our military
families is the least we can do to say thank you and to call attention
to this sometimes forgotten resource. Today, Mr. Speaker, millions of
Americans have one or more family members serving in the Armed Forces.
These incredible families attempt to lead normal lives while their
loved ones stand in harm's way, fulfilling our Nation's oath to serve
and protect.
But they do not just wait. They also serve. Military spouses spend
countless hours volunteering in family readiness programs and wounded
warrior networks, all while managing to be two parents at once.
Military children, numbering almost 2 million in our country, attempt
to be like other children while trying their hardest not to let sadness
and worry overcome them.
Mr. Speaker, the strength of the military family is astonishing. As
we celebrate military families, let us not forget the sacrifice of
parents. Military parents give their sons and daughters to the Nation
and pray ceaselessly for their safe return. They look forward to every
letter and every phone call, while fearing the ringing of the phone and
the doorbell at the same time.
Military children, Mr. Speaker, are a very different breed of young
adult. They do not always have hometowns, but they do have a heightened
sense of family, both in the traditional sense and in the special
characteristics of the military community. Their home is where the
military chooses to send them, and their family becomes all who
surround them.
They do not hesitate to support their family when their father or
mother walks out the door for 6 months, 8 months, or even more often
now, a year. In most cases they are Mom or Dad's biggest fans. Many
times the oldest child takes over as second in charge while serving as
a rock for the youngest.
Even at a young age, military children know what the words ``ultimate
sacrifice'' means, and these words are in the back of their minds every
day that goes by. Military families have an uncanny resilience. They
are some of the strongest citizens in this country, and I am privileged
to recognize them not only today, but every day.
I have many such dedicated families in my strongly military district,
the Fifth District of Colorado.
{time} 1300
I urge my colleagues to support this very important resolution
because without the support of our military families, our Armed Forces
would not be the incredible power that they are today.
I reserve the balance of my time.
Mr. SKELTON. I yield such time as he may consume to the gentleman
from California (Mr. Becerra).
Mr. BECERRA. I thank the chairman for yielding and, more importantly,
I thank him for this resolution, which tries to not only recognize the
men and women who are in uniform, but certainly the men and women and
children and parents of our soldiers in uniform who day to day have to
go through the same experiences that our troops abroad and in our
military stations throughout must go through as well.
There are some 3 million Americans today who represent the family
members of our brave soldiers. I am pleased to say that I count myself
among those family members. And I believe it is something that not only
should be done in 2009 to urge the President to designate this year as
the Year of the Military Family but, quite honestly, this is something
we should do every year.
I think it is of the utmost importance. And we applaud the First Lady
of the United States, Michelle Obama, for the role that she has decided
to play in elevating the stature of our families who are here or
throughout the world and have a family member serving today on behalf
of this country.
It is something that I think sometimes we take for granted. But this
is an occasion today where, on the floor of the most democratic body in
the history of this world, we can say to all those who serve in
uniform, not just from our country, but throughout, that we do think
about you, we do respect what you do and, more importantly, we realize
that you have family that day to day must go through the same
experiences you do.
So, Mr. Chairman, I think it is something we should do, as I said,
all the time. I think every Member in this body would agree that we
have to think about our servicemembers and their families every day.
And it doesn't hurt to periodically do it in a more official way by
actually having a resolution which urges the President to declare this
year the Year of the Military Family.
With that, I thank you very much for not just your service, but your
insight and your wisdom in trying to always make sure that we elevate
our men and women in uniform and their families to the highest levels
we can.
Mr. LAMBORN. Mr. Speaker, I yield 4 minutes to a new member of the
Armed Services Committee, but she's already starting to make a strong
contribution, the gentlelady from Oklahoma (Ms. Fallin).
Ms. FALLIN. I am here today to support this resolution also, and to
support the naming of 2009 as the Year of the Military Family. For
years now, we have been sending our sons and our daughters overseas to
fight terror and also fight for our freedom. Our military men and women
have sacrificed, missing birthdays, anniversaries, holidays, and
endured many hardships, and we are honored on this floor in this
Chamber to frequently pay tribute to those men and women.
Too often, however, we forget the families, the loved ones behind our
military men and women--our mothers, our fathers, our children, our
siblings, husbands and wives of our troops. Their sacrifice is also
worthy of our greatest respect. These are the unsung heroes of the War
on Terror, the loved ones who watch our troops go into battle, and are
ready to greet them when they arrive back home.
We now have 1.8 million family members of active duty military
personnel, and just over 1 million family members of reservists. Of
every two soldiers who are deployed, one leaves behind a wife or a
husband who will wait for months, and sometimes even years, before they
see their spouse again.
Nearly 2 million children have fathers or mothers who are in the
military, and these children, undoubtedly, feel great pride in having a
mother or father serve their country, but they also feel a great burden
of growing up with one parent who often is far from home and missing
those important times.
Without the support and sacrifice of these brave men, women, and
their children, our Armed Services could not function, so much so that
it is just safe to say thank you to our military families for their
service and for protecting our country and for making the tremendous
sacrifices with their families.
So, Mr. Speaker, for all these reasons, I would like to join my
colleagues in also congratulating the 2009 members of the military
families, and to say that this is your year. 2009 is the Year of the
Military Family. So let us join in and respect those families and honor
them today in this Chamber.
Mr. SKELTON. I yield such time as he may consume to a cosponsor of
this legislation, the gentleman from Virginia (Mr. Moran.)
Mr. MORAN of Virginia. I am honored to have a moment to speak on this
resolution, and deeply grateful to Chairman Skelton for introducing it
and advancing it.
You know, they say that an army travels on its stomach. In other
words, the physical well-being of an army has to be taken into
consideration. They have to be well fed, they have to be cared for.
The way you win wars though, comes from the heart and mind of our
soldiers, sailors, and airmen. And the way that you motivate them is to
assure them that this country is providing for their families. That is
what they care about more than anything else.
[[Page 7089]]
When they go to war, when they choose to serve this country in the
Armed Services, their principal motivation, really, is their family.
They are doing this to provide security to their children, to their
parents, to their loved ones. And that is what this resolution is all
about, recognizing the indispensable role that military families play.
We have lost more than 2,000 parents of young children in Iraq. But
hundreds of thousands have known that when they say goodbye to their
daddy or mommy, they may not see them again. And they have to live with
that reality.
They comfort each other, families get to know each other, provide a
support network. But it's absolutely essential that we, as a Nation,
understand that we are putting these families on the front line. That
they are prepared to pay the ultimate sacrifice, that they are fully
prepared to do whatever it takes to ensure that we have soldiers,
sailors, airmen and women who will go to war, will risk their lives,
knowing that they have the support of their families at home.
Now, we have tried to put more money into the veterans' bill to
improve health care, particularly the type of health care that we have
found a particular compelling need for--permanent brain injury, post-
traumatic stress disorder, mental illnesses--that have increased
dramatically in the last few years, particularly with IEDs and the
violence that they cause in Iraq and Afghanistan. But when they come
home, if we don't adequately treat them, the price is paid by the
family.
It's the family that has to deal with sometimes uncontrollable
violent urges, where the veteran of combat finds it difficult to
control themselves, to make that transition to the society in which
they need to take on the role of husband, wife, or parent.
All of these challenges are even greater than they have ever been
before. And that is why this Congress, this Nation, needs to take every
opportunity to focus on the needs of these families who show real
patriotism and real loyalty to the principles and ideals and values of
this Nation, and are willing to sacrifice whatever it takes to uphold
those principles, ideals, and values, even the risk of loss of a loved
one.
So, with that, Mr. Chairman, again, I thank you for introducing, for
promoting this resolution and, most importantly, I thank you for being
conscious of what this resolution is all about every single day
throughout the year in the legislation that the Armed Services
Committee and your colleagues in the Congress pass. It has to be a
priority.
So, I know this will pass unanimously, and I appreciate the fact that
it's offered on the floor today.
Mr. LAMBORN. At this point, I yield 4 minutes to someone who's made a
strong contribution to the military--until January, he served for many
years on the Armed Services Committee--the gentleman from Georgia (Mr.
Gingrey).
Mr. GINGREY of Georgia. Mr. Speaker, I thank the gentleman for
yielding. I rise today in support of H. Con. Res. 64, urging the
President to designate 2009 as the Year of the Military Family. It's
going to be difficult to follow the gentleman from Virginia, Mr. Moran,
what he said out of compassion and love for the military families, but
I will humbly try to do so.
Certainly, I would like to say a special thanks to Chairman Skelton,
Ranking Member John McHugh, as well as to the members and the staff of
the House Armed Services Committee, for the tireless effort in support
of our soldiers, sailors, airmen, and marines who are bravely defending
us at home and abroad.
Mr. Speaker, today we rightfully take time to recognize the families
of those brave men and women who have dedicated their lives to the
service of our Nation. I stand here and I am thinking about so many
families--moms and dads, brothers and sisters--of fallen soldiers in my
State of Georgia, and of my district, the 11th Congressional in
northwest Georgia. I am not trying to mention all of them, but they are
definitely in my mind and in my heart.
For it is not just the members of the military who serve our country,
but also their family members, who sacrifice so much in support of
these heroes who, day in and day out, protect our freedom.
Mr. Speaker, the families of those who serve our country on the front
lines deserve the admiration and appreciation of each and every
citizen. These family members often watch their loved ones travel to
faraway lands in support of a cause and an ideal so much greater than
any one individual.
Indeed, the democracy on display here today with our presence in this
Chamber is testament to the courage and valor of our Armed Forces. The
support given to our servicemen and women by their loved ones is
irreplaceable, as it's a foundation for the bravery inherent in those
who labor steadfastly in the defense of liberty.
Any of us who have watched videos and movies about the Civil War and
read some of those letters to home that the infantrymen would write,
maybe right before a battle and they give their lives to their country,
it is indeed moving.
So, let us now honor and say a gracious thank you to each and every
military family, every member of those families, for the encouragement,
love, and kindness they exhibit in supporting their precious loved ones
as they serve a Nation that will forever be free because of their
sacrifice. It is to the family members that we now say thank you.
Mr. Speaker, we are proud of all of our servicemen and women and are
eternally grateful for their efforts in the Global War on Terror. Let
us not forget the ones who have provided the closest circle of support
for them wherever they may serve around the globe. I urge all my
colleagues, of course, to support this.
Mr. SKELTON. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Berman).
{time} 1315
Mr. BERMAN. Mr. Speaker, I thank the gentleman for yielding me time
to join the others in making a particular statement on behalf of the
sacrifice of military families.
We pay great attention, and should, to the sacrifices of our young
servicemen and servicewomen who risk their lives in service of their
country. We sometimes don't pay as much attention to people who make a
tremendous sacrifice by virtue of seeing their loved ones, their
spouses, their parents, their children in many cases, going off to
military service, particularly in the context of recent times, dealing
with the repeated deployments, the disruptions, the movement, the
constant concern about the welfare of the loved one. And it is quite
appropriate and long overdue that we actually designate this year,
2009, as the year of the military families. I strongly support this
resolution.
Mr. LAMBORN. Mr. Speaker, I thank the chairman for offering this
resolution.
I yield back the balance of my time.
Mr. SKELTON. Most of us Members of Congress have had the opportunity
to witness military units as they are ready to deploy. We have also
seen military units as they have returned, or individual members of our
service returning, and watch their families greet them with happiness
and with tears. It is difficult to put ourselves in their places, but
the best we can do is to show our appreciation, and that our thoughts
and our prayers are with them as well as their loved ones who are
serving. Mr. Speaker, I urge all of my colleagues to support this
resolution.
Mrs. DAVIS of California. Mr. Speaker, I rise in support of urging
the President to designate 2009 as the ``Year of the Military Family.''
Our military's ability to perform its mission abroad is directly
related to the strength of our families at home.
Without families willing to sign up for military life alongside their
soldier, sailor, airman or marine, we would not have the tremendous
all-volunteer force we have today.
Our military has been at war for nearly eight years against
persistent and determined enemies thousands of miles away. And in many
ways, so have our military families.
[[Page 7090]]
With loved ones deployed to theatres of combat, our families have
lived with the enormous uncertainty brought by every ring of the phone
and every knock on the door.
For far too many, that unexpected phone call or visitor announced the
tragic loss of a spouse or parent.
For thousands more, injuries sustained in battle require a spouse or
child to take on the responsibility of caretaker.
I am continually amazed at their resilience and ability to continue
with their lives under such difficult circumstances.
Every family signed up knowing the requirements of duty.
However, regular assignments to theatres of war will challenge even
the strongest families.
Like many of my colleagues, I hear the frustration and sense the pain
that frequent, dangerous and unpredictable deployments are having on
military communities.
We know that these deployments are often measured not by weeks or
months, but by anniversaries, birthdays and important life moments.
Describing the length of her husband's deployment, one of my
constituents told me how her husband ``missed his older son's
graduation from college, and his youngest son's graduation from High
School.'' Her frustration was clear.
As Chairman Skelton mentioned earlier, over a million children have
not had a mom or dad or both home for life's important events.
We have tried to take steps to lessen the strain on our families, but
high operational tempo and policies like stop-loss still have a
significant impact.
As a Navy wife recently told me, ``We are resigned to the necessity
of deployment.''
Mr. Speaker, our first commander in chief, President Washington,
said, ``The willingness with which our young people are likely to serve
in any war, no matter how justified, shall be directly proportional to
how they perceive veterans of early wars were treated and appreciated
by our nation.''
Today, President Washington's statement should probably read, ``The
willingness with which our ``families are likely to serve in any war,
no matter how justified, shall be directly proportional to how they
perceive families of early wars were treated and appreciated by our
nation.''
That is why the Military Personnel Subcommittee will hold a hearing
later this year focusing on military families and topics that are
unique to military life.
. . . But it will take more than a series of hearings to address the
very real concerns felt by families and men and women in uniform.
Just as we must ensure that service members have the equipment they
need in the field, so too must we guarantee that families have the
support they need at home.
I urge President Obama to honor the commitment of those who ``serve''
behind our men and women in uniform and designate 2009 the Year of the
Military Family.
I hope all my colleagues will support this resolution.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H. Con.
Res. 64, ``Urging the President to designate 2009 as the `Year of the
Military Family'.'' I want to thank my colleague Congressman Ike
Skelton of Missouri for introducing this resolution.
No group of Americans has stood stronger and braver for our nation
than those who have served in the Armed Forces. From the bitter cold
winter at Valley Forge to the boiling hot Iraqi terrain, our soldiers
have courageously answered when called upon, gone where ordered, and
defended our nation with honor. Their noble service reminds us of our
mission as a nation--to build a future worthy of their courage and your
sacrifice. We celebrate, honor and remember these courageous and
faithful men and women.
While the nation's attention has been wholly focused on the economic
crisis, Americans continue to die in wars across the globe, from Iraq
to Afghanistan and beyond. The war in Iraq no longer makes headlines,
but for military families it remains a daily reality, and I urge my
colleagues to recognize the challenges that the families of these brave
soldiers face and support this resolution in their honor.
When American troops are the ones fighting abroad, it is our military
families who must also suffer. They wait every day and night hoping to
hear from their loved ones, praying that they are not put in harm's
way, that they may come home soon. Too many families have not been so
lucky, finding out the news of a loved one's death is not only
emotionally traumatizing it can have long term effects for the family
that may never be repaired.
We must all stand as champions for our men and women fighting abroad.
These soldiers who bravely reported for duty, they are our sons and our
daughters, they are our fathers and mothers, they are our husbands and
wives, they are our fellow Americans.
There are over 26,550,000 veterans in the United States. In the 18th
Congressional district of Texas alone there are more than 38,000
veterans and they make up almost ten percent of this district's
civilian population over the age of 18.
We remember and honor the sacrifices of our forces and their
families. And we renew our national promise to fulfill our sacred
obligations to those who have worn this nation's uniform. Our veterans
and their families ask for nothing more. Let us fight the good fight.
Mr. HEINRICH. Mr. Speaker, I rise today in full support of making
2009 the Year of the Military Family.
It is an honor to support this measure and to express my heartfelt
appreciation, and that of our entire congressional district, for the
families of our men and women who serve in the military.
For so many New Mexican families, military service has been in our
blood for generations.
Our state has often had the highest rate of military volunteerism in
the country and the 1st congressional district is home to countless
veterans, not to mention the large number of proud service members
stationed at Kirtland Air Force Base.
Yet we know all too well that with each individual who generously
gives their service to their country through our military, there is a
significant impact on those closest to them.
Each time a service member leaves home, they leave behind caring
husbands and wives, loving sons and daughters, worried parents and
whole communities that remain concerned for their safety.
There is no question that these affected families are also serving
our country--by courageously enduring long separations from loved ones
and the demands of deployments abroad.
So today, I proudly honor the commitment, sacrifice, courage and
steadfast support that have been provided by our country's military
families, allowing our service members to serve and I ask my colleagues
to support this resolution.
Mr. SKELTON. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Skelton) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 64.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SKELTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
CALLING FOR RETURN OF SEAN GOLDMAN
Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 125) calling on the central authority of Brazil to
immediately discharge all its duties under the Hague Convention by
facilitating and supporting Federal judicial proceedings as a matter of
extreme urgency to obtain the return of Sean Goldman to his father,
David Goldman, for immediate return to the United States, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 125
Whereas David Goldman has been trying unsuccessfully since
June 17, 2004, to secure the return of his son Sean to the
United States where Sean maintained his habitual residence
until his mother, Bruna Bianchi Ribeiro Goldman, removed Sean
to Brazil;
Whereas on August 26, 2004, the Superior Court of New
Jersey awarded custody to Mr. Goldman, ordered Mrs. Goldman
and her parents to immediately return Sean to the United
States, and indicated to Mrs. Goldman and her parents that
their continued behavior constituted parental kidnaping under
United States law;
Whereas on September 3, 2004, Mr. Goldman filed an
application for the immediate return of Sean to the United
States under the 1980 Hague Convention on the Civil Aspects
of International Child Abduction (the ``Hague Convention'')
to which both the United States and Brazil are party and
which entered into force between Brazil and the United States
on December 1, 2003;
Whereas on August 22, 2008, Mrs. Goldman passed away in
Brazil leaving Sean without a
[[Page 7091]]
mother and separated from his biological father in the
United States;
Whereas Mr. Joao Paulo Lins e Silva, whom Mrs. Goldman
married in Brazil, has petitioned the Brazilian courts for
custody rights over Sean Goldman and to replace Mr. Goldman's
name with his own name on a new birth certificate to be
issued to Sean, despite the fact that Mr. Goldman, not Mr.
Lins e Silva, is Sean's biological father;
Whereas furthermore, the United States and Brazil have
expressed their desire, through the Hague Convention, ``to
protect children internationally from the harmful effects of
their wrongful removal or retention and to establish
procedures to ensure their prompt return to the State of
their habitual residence'';
Whereas according to the Department of State, there are 51
cases involving 65 children who were habitual residents of
the United States and who were removed to Brazil by a parent
and have not been returned to the United States as required
under the Hague Convention;
Whereas according to the Department of State's April 2008
Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction, ``parental child
abduction jeopardizes the child and has substantial long-term
consequences for both the child and the left-behind parent'';
Whereas the Department of State's Office of Children's
Issues, while not always notified of international child
abductions, is currently handling approximately 1,900 open
cases of parental abduction to other countries involving more
than 2,800 children abducted from the United States;
Whereas in fiscal year 2007, the United States Central
Authority responded to cases involving 821 children abducted
from the United States to countries with which the United
States partners under the Hague Convention, but during that
same time period only 217 children were returned from Hague
Convention partner countries to the United States;
Whereas according to the Department of State, Honduras has
not acted in compliance with the terms it agreed to as a
party to the Hague Convention, and Brazil, Bulgaria, Chile,
Ecuador, Germany, Greece, Mexico, Poland, and Venezuela have
demonstrated patterns of noncompliance based on their Central
Authority performance, judicial performance, or law
enforcement performance of the obligations of the Hague
Convention;
Whereas according to the Department of State, in fiscal
year 2008, the United States Central Authority counted 306
cases of parental abductions involving 455 children taken
from the United States to other countries that are not
partners with the United States under the Hague Convention,
currently including 101 children in Japan, 67 children in
India, and 37 children in Russia;
Whereas three-year-old Melissa Braden is among the children
who have been wrongfully abducted to Japan, a United States
ally which does not recognize intra-familial child abduction
as a crime, and though its family laws do not discriminate by
nationality, Japanese courts give no recognition to the
parental rights of the non-Japanese parent, fail to enforce
United States court orders relating to child custody or
visitation, and place no effective obligation on the Japanese
parent to allow parental visits for their child;
Whereas Melissa was taken from Los Angeles, California to
Japan on March 16, 2006, when she was 11-months-old, despite
a California court's prior order forbidding Melissa's removal
to Japan and granting joint custody to her father Patrick
Braden;
Whereas despite his extensive efforts, Mr. Braden and his
daughter have not seen each other since her abduction;
Whereas according to the Department of State, abducted
children are at risk of serious emotional and psychological
problems and have been found to experience anxiety, eating
problems, nightmares, mood swings, sleep disturbances,
aggressive behavior, resentment, guilt and fearfulness, and
as adults may struggle with identity issues, their own
personal relationships and parenting; and
Whereas left-behind parents may encounter substantial
psychological, emotional, and financial problems and many may
not have the financial resources to pursue civil or criminal
remedies for the return of their children in foreign courts
or political systems: Now, therefore, be it:
Resolved, That--
(1) the House of Representatives--
(A) calls on Brazil to, in accordance with its obligations
under the Hague Convention and with extreme urgency, bring
about the return of Sean Goldman to his father, David
Goldman, in the United States;
(B) urges all countries determined by the Department of
State to have issues of non-compliance with the Hague
Convention to fulfill their obligation under international
law to take all appropriate measures to secure within their
respective territories the implementation of the Hague
Convention and to use the most expeditious procedures
available; and
(C) calls on all other nations to join the Hague Convention
and to establish procedures to promptly and equitably address
the tragedy of child abductions, given the increase of
transnational marriages and births, the number of
international child abduction cases and the serious
consequences to children of not expeditiously resolving these
cases; and
(2) it is the sense of the House of Representatives that
the United States should--
(A) review its diplomatic procedures and the operations
available to United States citizens through its central
authority under the Hague Convention to ensure that effective
assistance is provided to Mr. Goldman and other United States
citizens in obtaining the expeditious return of their
children from Brazil and other countries that have entered
into the reciprocal obligations with the United States under
the Hague Convention;
(B) take other appropriate measures to ensure that Hague
Convention partners return abducted children to the United
States in compliance with the Hague Convention's provisions;
(C) diplomatically urge other nations to become parties to
the Hague Convention and establish systems to effectively
discharge their reciprocal responsibilities under the
Convention; and
(D) continue to work aggressively for the return of
children abducted from the United States to other nations and
for visitation rights for their left-behind parents when
return is not yet achieved.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Berman) and the gentleman from New Jersey (Mr. Smith)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. BERMAN. I rise in support of the resolution, and yield myself
such time as I may consume.
Mr. Speaker, the 1980 Hague Convention on the civil aspects of
international child abduction is the principal international framework
for tackling an increasingly difficult problem. The resolution before
us urges all countries that the State Department determines are
noncompliant with the Hague Convention to fulfill their obligations and
faithfully implement the treaty. It also calls on other nations who
have not yet joined the Hague Convention to do so.
The resolution highlights two emblematic cases and specifically calls
for their prompt resolution. One is in a country that is a party to the
Hague Convention, Brazil; the other in a country that is not, Japan.
The facts of each case are equally heartbreaking.
David Goldman has been trying, since 2004, to get his son, Sean, back
to the United States from Brazil. When Sean's mother took Sean to
Brazil, the Superior Court of New Jersey awarded custody to Mr.
Goldman, ordered Mrs. Goldman and her parents to immediately return
Sean to the United States, and said that their continued behavior
constituted parental kidnapping under United States law. Mrs. Goldman
subsequently passed away in Brazil, leaving Sean without a mother and
separated from his biological father in the United States. Mrs.
Goldman's husband in Brazil petitioned for custody over Sean, and the
issue has now been tied up in Brazilian courts for years.
The resolution also mentions a case with Japan, a United States ally
which does not recognize intrafamilial child abduction as a crime.
Melissa Braden was taken from Los Angeles, California to Japan, in
2006, when she was just 11 months old, despite a 2006 restraining order
that forebade Melissa's removal to Japan and an order granting joint
custody to her father, Patrick Braden.
Despite his efforts, Mr. Braden and his daughter have not seen each
other since her abduction. As in other cases, Japanese courts have not
recognized his U.S. custody order and have not helped him gain
visitation with his daughter.
While many American parents never see their children again when they
are taken to Japan, I am hopeful that the Japanese government will take
steps to respond to these cases by joining the Hague Convention. It is
encouraging that the Japanese Ministry of Foreign Affairs is examining
the Hague Convention, and I urge them to join as a party
[[Page 7092]]
as soon as possible so that children like Melissa Braden can grow up
knowing both of their parents.
The problem is, of course, much more widespread than these two cases.
In 2008, the United States responded to cases involving 1,159 children
abducted from the United States to countries with which the United
States partners under the Hague Convention. In 2008, the United States
saw 306 cases involving 455 children taken from the United States to
other countries that are not Hague Convention partners.
I support this resolution because it shines a spotlight on a problem
that needs immediate attention, a problem that will likely get worse in
coming years in light of the growing number of transnational births and
marriages. I urge my colleagues to support the resolution offered by
the gentleman from New Jersey (Mr. Smith) and the gentleman from New
Jersey (Mr. Holt).
I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
might consume.
Mr. Speaker, imagine that you are a child of only 4 years old, and
your best friend, your father, is your primary caregiver. You live with
your parents by a lake in a quiet neighborhood in New Jersey, and your
days are filled with boating, swimming, sports, and other fun with your
dad. Then suddenly, one day your mother takes you on a jet; you move to
a foreign country; and for 4\1/2\ years you live with the confusion,
pain, and anxiety of not understanding why your dad is not there with
or for you. The little contact you have with Dad are a few phone calls,
routinely interrupted when the phone is taken from you and abruptly
ended while your father is trying to tell you how much he loves and
misses you.
That is what happened to Sean Goldman, an American citizen born and
living in the United States for the first four years of his life, until
June 2004, when his mother took him to her native country of Brazil.
Almost as soon as she arrived in Rio de Janeiro, she advised Sean's
father, David Goldman, that she was permanently staying in Brazil, the
marriage was over, and that she was not going to allow Sean to return
home to New Jersey; and Sean has not seen his real home since.
Stunned, shell-shocked, and utterly heartbroken, David Goldman has
refused to quit or fade away. His love for his son is too strong. He
has been working tirelessly every day during the last 4\1/2\ years,
using every legal means available to bring Sean home.
On paper, the laws are with him. Child abduction and the retention of
a kidnapped child are serious crimes. The courts of New Jersey, the
place of Sean's habitual residence, granted David full custody, as
Chairman Berman pointed out a moment ago, as far back as August 2004.
On the international front, David has had every reason to believe that
justice would be swift and sure because, unlike some countries, Brazil
is a party to an international convention and in a bilateral
partnership with the United States, which obligates Brazil to return
children, even those abducted by a parent, to the place of habitual
residence, in this case New Jersey.
To David Goldman's shock and dismay, however, that has not happened.
Even after Sean's mother died unexpectedly in August of 2008, the
people unlawfully holding Sean in Brazil, especially a man who is not
Sean's father, have refused to allow Sean's return home to New Jersey
or, until last month, even to see his father.
Last month, I traveled to Brazil with David Goldman on what was his
eighth trip to try to see his son and advance the legal and diplomatic
process of returning Sean home to the United States. This trip was
different, however, and we sincerely hope a turning point.
First and foremost, he got to visit with his son, and we met with
several key Brazilian officials in President Lula's government,
including Ambassador Oto Agripino Maia at the Ministry of External
Affairs and others, in the judicial system Minister Ellen Gracie
Northfleet, the former chief justice and current member of the Supreme
Court. We were encouraged by their apparent understanding of Brazil's
solemn obligation as a signatory to the Hague Convention to return Sean
to the United States.
In subsequent meetings here in the U.S. with Brazilian Ambassador
Antonio Patrioto and the Brazilian Ambassador to the Organization of
American States, Osmar Chofi, we were again assured that the Lula
government believes that Sean Goldman should be in the United States
and with his father. Still, deeds, not just encouraging words, are what
matter most, and Sean remains unlawfully held in Brazil.
When in Brazil last month, I had the extraordinary privilege of
joining David and Sean in their first meeting in 4\1/2\ years. Now
almost 9, Sean Goldman was delighted to see his dad. The love between
them was strong and was obvious from the very first moment. In the
first moments of their meeting, I did see the pain on Sean as he asked
his father why he hadn't visited him in 4\1/2\ years. David told him
that he has traveled to Rio several times to try to be with him. But in
order to mitigate Sean's pain because of the abduction, David blamed
only the courts, not the abductors, for the separation, a sign of class
and I think a sign of David's sensitivity.
This is a picture to my left here that I took while I was in Brazil,
a picture of a dad with his son after shooting baskets and playing a
game of ``around the world.'' Sean, a remarkable young man who needs to
work on his set shot, was completely at ease and eager to get
reacquainted with his dad. I took this picture about 1 hour after their
first reunion after 4\1/2\ years. The joy on both of their faces, as I
think all can see, is compelling. There were hugs and there were
kisses, and you can see that there was a great bond between this dad
and his son.
Mr. Speaker, the kidnapping of Sean Goldman and his continued 4\1/2\
year unlawful retention in Rio must be resolved immediately and
irrevocably. A father, who deeply loves his son, wants desperately to
care for him and spend precious time with him and has had his
nationally and internationally recognized parental rights, and his son
has had his rights as well, violated with shocking impunity.
{time} 1330
David Goldman should not be blocked from raising his own son. And a
child who recently lost his mom belongs with his dad.
The Government of Brazil, Mr. Speaker, has failed to live up to its
legal obligations under international law to return Sean to his
biological father. The Government of Brazil has an obligation they must
fulfill and without further delay. The resolution before us today
expresses the House of Representatives' profound concern and calls on
Brazil to, in accordance with its international obligations and with
``extreme urgency'' bring about the return of Sean Goldman with his
dad, David Goldman, in the United States. Justice delayed, Mr. Speaker,
is justice denied. And Sean's place is with his dad.
Mr. Speaker, on the bigger picture, international child abductions by
parents are not rare. The U.S. Department of State reports that it is
currently handling approximately 1,900 cases involving more than 2,800
children abducted from the United States to other countries. And those
numbers do not include children whose parents, for whatever reason, do
not report the abductions to the U.S. Department of State.
In recognition of the gravity of this problem and the traumatic
consequences that child abductions can have both on the child and the
parent who is left behind, the Hague Convention on the Civil Aspects of
International Child Abduction was reached in 1980. The purpose of the
Hague Convention is to provide an expeditious method to return an
abducted child to the child's habitual residence so that custody
determinations can be made in that jurisdiction. According to the terms
of the Convention, such return is to take place within 6 weeks--not
over 4\1/2\ years--after proceedings under the Convention are
commenced.
The United States, Mr. Speaker, ratified the Hague Convention in
1988.
[[Page 7093]]
Brazil acceded to the Hague Convention in 1999 and the Hague Convention
was entered into force between Brazil and the U.S. in 2003, a year
before Sean was abducted. In accordance with the Hague Convention,
David Goldman on September 3, 2004, filed, in a timely fashion, an
application for the immediate return of his son. Brazil, sadly, has
failed to deliver.
I would point out on a positive note that within a week of our return
home to the United States, the Brazilian courts did take what we
consider to be a major step in the right direction for David and Sean.
The decision was to move the case from the local courts, which were
erroneously bogged down in making a custody determination, to the
Federal court capable and responsible for making decisions in
accordance with obligations under the Hague Convention. Pursuant to an
amended application filed under the Convention after the death of
Sean's mother and in accordance with the ``expeditious return''
provisions of the Hague Convention, Brazil's only legitimate and legal
option now, as it has been, is to effectuate Sean's return. And it must
be done now.
Finally, Mr. Speaker, this weekend, Brazilian President Lula will
visit the United States and visit one-on-one with President Obama. The
White House meeting should include a serious discussion about
Brazil's--and this is the State Department term--pattern of
noncompliance with the Hague Convention and Brazil's obligation to
immediately fulfill this obligation in the case of Sean Goldman and
many other cases like it, including one that Mr. Poe will bring up
momentarily.
I'm happy to say that over 50 Members of the House, including my
friend and colleague, Mr. Holt, have cosponsored this resolution. Over
43,000 people from 154 nations have signed a petition urging Brazil to
do the right thing and expeditiously return Sean to the United States.
So many people, Mr. Speaker, have joined in and helped David in his
fight for his son and deserve our appreciation and respect.
His extraordinarily talented legal counsel here in the United States,
Patricia Apy, and in Brazil, Ricardo Zamariola, Jr., have made their
case with expertise, precision, compassion and particular adherence to
the rule of law. The staff at our consulates in Brazil--Consul General
Marie C. Damour, Joanna Weinz and Karen Gufstafson--have all tirelessly
and professionally worked this case for several years as if Sean and
David were their own family. Special thanks to Ambassador Cliff Sobel.
A number of journalists, including Bill Handleman of the Asbury Park
Press, have written powerful columns about David's loss and his entire
terrible ordeal. Meredith Vieira, Benita Noel and Lauren Sugrue of
NBC's Dateline have probed, investigated and demanded answers, thus
ensuring that the truth about this unlawful abduction is known to the
public, including and especially to government officials both here and
Brazil. In fact, it was a Dateline special on the Goldman case that
caused me to call David and to get involved.
And finally, a special thanks to the countless volunteers, including
Mark DeAngelis, who has done yeoman's work, including managing a Web
site--Bring Sean Home--and have proved to be an invaluable support
system during this most difficult and trying time for father and son.
I urge Members to support this resolution. Again I want to thank
Chairman Berman for his leadership in bringing this resolution to the
floor and to Ileana Ros-Lehtinen, our distinguished ranking member.
This resolution I believe will make a difference not just for David and
Sean but for so many others who are similarly situated.
Mr. BERMAN. Mr. Speaker, I am pleased to yield 5 minutes to the
gentleman from New Jersey (Mr. Holt) in whose district Mr. Goldman
resides.
Mr. HOLT. Mr. Speaker, I thank the distinguished Chair of the House
Committee on Foreign Affairs, Mr. Berman, for bringing this resolution
to the floor. The resolution calls on the Government of Brazil to live
up to its obligations under the Hague Convention on the Civil Aspects
of International Child Abduction by releasing Sean Goldman to the
custody of his father, David Goldman of Tinton Falls, New Jersey, my
constituent. This bill shines a bright light on the problem of
international parental kidnapping, and it is an issue that deserves
congressional attention.
Let me recount some of the recent background on this issue and why
this resolution is before the House today. It is heartrending, as you
have heard from my colleague from New Jersey.
Nearly 5 years ago in June, 2004, Mr. David Goldman began a long and
painful odyssey to rescue his son from an international parental
kidnapping. He had driven his wife, Bruna, and their 4-year-old son,
Sean, to the Newark airport for a scheduled trip to visit her parents
in Brazil. Mr. Goldman was to join them a few days later. Shortly after
arriving in Brazil, Mrs. Goldman called her husband to say two things:
their marriage was over, and if he ever wanted to see Sean again, he
would have to sign over custody of the boy to her. To his credit, Mr.
Goldman refused to be blackmailed. Instead, he began a campaign, a
relentless campaign, to secure his son's release.
There is no question that Mr. Goldman has the law both here in the
United States and internationally on his side. It is sad and
unfortunate that this father and this little boy must have their
personal lives dragged through the public forum.
For any of us who have children or grandchildren, we can imagine but
not fully comprehend the pain that Mr. Goldman and similar parents have
gone through when a spouse kidnaps a child and whisks them away
somewhere around the world. Tragically, Sean Goldman's case is just one
of over 50 reported cases involving Brazil. Many countries, including
key U.S. allies such as Japan, are not even signatories to this Hague
Convention. For parents of children kidnapped by a spouse and taken to
one of these non-Hague signatory nations, their battle to recover
kidnapped children is even more difficult. The resolution before us
highlights also the plight of these parents and their children. And it
should be viewed as one step toward increasing the tools available to
parents to help them recover children.
In October, 1980, the Hague Convention on the Civil Aspects of
International Child Abduction entered into force. The United States and
Brazil are both signatories. Under article 3 of the Convention, the
removal of a child shall be considered wrongful if ``it is in breach of
rights of custody attributed to a person, an institution or any other
body, either jointly or alone, under the law of the State in which the
child was habitually resident immediately before the removal or
retention; and at the time of removal or retention those rights were
actually exercised, either jointly or alone, or would have been
exercised.'' Well, Sean Goldman had been habitually resident in New
Jersey until his mother kidnapped him and took him to Brazil.
Shortly after that, Mr. Goldman filed a Hague Convention application
in Brazil's federal courts seeking the return of his son under the
Convention.
Despite the clear legitimacy of Mr. Goldman's claim, the case has
crawled along in Brazil's courts, bouncing back and forth and back and
forth. Mr. Goldman's wife secured a divorce in Brazil and began a new
relationship with a prominent lawyer. In August of last year, his
former wife died during childbirth, a fact that Mr. Goldman learned
only some time later and a fact that was concealed from the Brazilian
courts by Mr. Lins e Silva, her then husband, and Mr. Goldman's late
wife's parents.
After our individual intercession and with the help of the State
Department and my colleague from New Jersey, and I particularly want to
note his actions, Brazilian authorities moved to have the case once
again sent to Brazil's federal courts to secure visitation rights for
Mr. Goldman. Finally just last month, Mr. Goldman was able to see his
son for the first time in more than 4 years. It is clear that Sean
still loves his father and wants to be with him. It appears that the
only thing standing in the way of that is the illegal conduct of Mr.
Lins e Silva.
[[Page 7094]]
I applaud Secretary of State Clinton for raising this issue with
Brazil's foreign minister and through other channels. If Sean is not
released by the end of this week, I hope that President Obama will
continue to bring the issue to the attention of Brazilian President
Lula Da Silva and that Sean and his father will be united as they
should be.
I thank the gentleman.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 5 minutes to the
distinguished gentleman from Texas (Mr. Poe), a member of the Committee
on Foreign Affairs.
Mr. POE of Texas. I thank the gentleman for yielding.
I appreciate the support of Chairman Berman and Mr. Smith from New
Jersey. Mr. Smith has a reputation for going and helping out his
district. During the Russian incursion into the Republic of Georgia,
while that was still going on, Mr. Smith went and rescued two young
people and got them back to his district while the Russians were still
invading. That tells all of us a lot about your willingness to advocate
on behalf of human rights.
It is reported that there are nearly 50 cases in which children who
are residents of the United States have been wrongfully abducted to
Brazil and have not been returned to the United States as required
under the Hague Convention. Mr. Goldman and other United States
citizens, specifically Marty Pate of Crosby, Texas, in my district, are
allowed under international law to obtain quick return of their
children from Brazil and other countries that have entered into
obligations with the United States under the Hague Convention.
It seems to me that Brazil approves of government-sanctioned
kidnapping of American children and ignoring agreements with the United
States. Mr. Pate's story is very similar to the one already presented
here on the House floor, although this is a story about a father and a
daughter. Thanks to Fox 26 News in Houston, Texas, they have brought
this story to light. And it is the Marty Pate story.
It seems that in May, 2006, Marty Pate's ex-wife, Monica, told him
that she wanted to temporarily go back to her home country of Brazil
and take their 7-year-old daughter, Nicole, with her. Marty Pate
objected, but he allowed her to take the daughter for a short visit.
Both agreed under a Harris County, Texas, court order as to what travel
stipulations there would be, and both signed a notarized document on
what those travel restrictions would be. One of those was there would
be a maximum of 21 days that the child would be allowed to leave the
United States. On August 5, 2006, Monica and her daughter, Nicole, left
the United States and never returned. That was the last time that Marty
Pate saw his daughter. There is an outstanding arrest warrant for
Monica on failure to follow a court order in the State of Texas.
Mr. Speaker, this ought not to be. It seems as though Brazil is
ignoring agreements that they have made under international law with
the United States and continues to do so. As a side note, the United
States gives foreign assistance to Brazil. Maybe the Foreign Affairs
Committee needs to reevaluate whether we should give them assistance
when they continue to kidnap or sanction kidnappings of American
citizens. The United States should insist that countries like Brazil
live up to their legal obligations to return to America, America's
children.
And that's just the way it is.
Mr. SMITH of New Jersey. I thank Mr. Poe for his leadership on behalf
of the child who has been abducted and congratulate him on his work.
Mr. BERMAN. Mr. Speaker, at this point I will reserve. We have one
speaker remaining.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from North Carolina (Mr. Jones).
{time} 1345
Mr. JONES. Mr. Speaker, I want to thank Chairman Berman, Chris Smith,
Mr. Holt and everyone else. I saw this story about this family probably
a year ago, and it broke my heart, quite frankly.
I do not understand how a country such as Brazil, which I have
respect for, could allow this to happen. This is not what the world
should be about. The world should be about trying to bring families
together, and Brazil has a responsibility that they are not making and
they are not keeping.
I would say to the country of Brazil that if this was reversed, I
believe that this House, the leadership of Mr. Berman and Mr. Smith,
would be on this floor saying to the family here that was keeping the
son of a father in Brazil, Let's send him back to his father.
So I hope that the country of Brazil and those who are here in
Washington, D.C. representing their country or listening to this
debate, I hope that they will fully understand that this is a debate of
compassion. Mr. Goldman and his son Sean, they have every right to be
together. So I came down here to the floor today from North Carolina
with not a great deal to add to this debate but my heart. And my heart
says let's get this family together. I thank very much Mr. Berman and
Mr. Smith, and say to the Brazilian government, please listen to the
American people. Let's work together for the good of this family.
Mr. BERMAN. Would the gentleman yield?
Mr. JONES. I would be delighted to yield.
Mr. BERMAN. I thank the gentleman for yielding. Your interesting
point that if the situation was reversed, we saw that situation. It was
a very famous case: Elian Gonzalez. Even though he was being sent back
to a country with which we have no diplomatic relations, and even
though the nature of that government was one that we did not support,
the rights of the father to be reunited with his son prevailed over all
of the political considerations. So we saw the tables reversed, and we
saw what the U.S. Government did in that situation. I concur with the
gentleman's point on this issue.
Mr. JONES. I thank Chairman Berman, and before I yield back, I ask
God to please intervene on behalf of this wonderful family and bring
the father and the son back together.
Mr. BERMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Becerra).
Mr. BECERRA. Mr. Speaker, I thank the chairman for yielding me this
time, and I rise in support of this resolution.
My mother once said to me shortly after I had seen the birth of my
first child, ``Son, there is no tragedy for any parent that is greater
than the experience of witnessing your own child's death.'' Nothing is
more precious than life, and nothing is more profound than the love of
a parent for the life of that child brought to this Earth.
Mr. Speaker, according to the State Department's Office of Children's
Issues, there are 306 pending cases of parental abductions involving
455 American children taken to countries that are not a party to the
Hague Convention on Child Abduction. And 101 of these abducted American
children currently reside in Japan. In 2006 in the midst of a custody
dispute, Melissa Braden, the daughter of one of my constituents,
Patrick Braden, was taken to Japan by her mother and has been there
ever since. Despite a court restraining order for Melissa to remain in
the United States and an arrest warrant issued by the FBI for her
mother, Japanese authorities have refused to act on this case. Japanese
courts give no recognition to the parental rights of the non-Japanese
parent, and the Japanese government refuses to enforce U.S. court
orders related to child custody or visitation.
After his daughter's abduction when Mr. Braden approached me for help
and I tried to see what I could do, you can imagine my disbelief and
dismay that we were unable to help secure Melissa for Mr. Braden or to
even have them reunited in Japan. I approached the State Department,
and I wrote to President Bush in 2007 and asked for their intervention
on behalf of Mr. Braden.
[[Page 7095]]
The State Department has committed to raising this issue at the
highest levels of dialogue with Japan, and I wish to say here publicly,
thank you to Chairman Berman for his support of this issue and for
supporting America's parents and their families.
I would like to thank two champions of human rights, the gentlemen
from New Jersey, Mr. Smith and Mr. Holt. And I must say, Mr. Speaker,
my mother was right: there is nothing worse than losing your own child,
especially when your child is still alive.
I urge all of my colleagues to support this resolution to get action
on behalf of all of our American families with countries that are some
of our greatest partners and allies.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself the balance of
my time to say very simply that our message to the Brazilian government
is to bring Sean home, and to do so today.
Mr. Speaker, I yield back the balance of my time.
Mr. BERMAN. Mr. Speaker, I just want to point out that in calendar
year 2007, along the lines of the point made by the gentleman from
North Carolina (Mr. Jones), the United States returned over 200
children to Hague Convention partners where a biological parent resided
and sought the return of that child. So this resolution is consistent
with our own practices, and I think with internationally recognized
fundamental human rights. I urge its adoption.
Mr. GARRETT of New Jersey. Mr. Speaker, I rise today in support of H.
Res. 125. This resolution calls on the central authority of Brazil to
uphold the Hague Convention by facilitating the immediate release of
Sean Goldman to his father, David Goldman.
June 16, 2004 was the day Sean Goldman was abducted by his mother,
Bruna Goldman, and taken to Brazil. That day marked the beginning of a
4\1/2\ year struggle to reunite David Goldman with his son Sean. During
those subsequent years, David Goldman tirelessly lobbied the Brazilian
judicial system, sought international legal advice, and mourned the
death of Sean's mother in August 2008. Recently, the situation was
further complicated when Sean's step-father petitioned the Brazilian
courts for custody of Sean and illegally replaced David's name with his
own on a Brazilian birth certificate.
H. Res. 125 was introduced by my New Jersey colleague, Representative
Christopher Smith, and I am proud to be one of the 57 cosponsors of
this bill. This resolution urges the Brazilian government to uphold its
commitment to the Hague Convention on the Civil Aspects of
International Child Abduction. This multilateral treaty, developed by
the Hague Conference on Private International Law in 1980, provides an
expeditious method for returning a child taken from one member nation
to another. H. Res. 125 is of the utmost importance, as it not only
calls on Brazil to display their intention to follow international law,
but also brings a father and son one step closer to reunification.
It is imperative for us to support David Goldman's quest to be
reunited with his son. H. Res. 125 will help us accomplish this goal
and I thank my colleagues for joining me in voting unanimously for its
passage.
Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Berman) that the House suspend the rules
and agree to the resolution, H. Res. 125, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
SUPPORTING THE GOALS OF INTERNATIONAL WOMEN'S DAY
Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 194) supporting the goals of International Women's
Day, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 194
Whereas there are over 3,000,000,000 women in the world,
representing 51 percent of the world's population;
Whereas women continue to play the prominent role in caring
for families within the home as well as serving as economic
earners;
Whereas women worldwide are participating in the world of
diplomacy and politics, contributing to the growth of
economies, and improving the quality of the lives of their
families, communities, and nations;
Whereas women leaders have recently made significant
strides, including the 2009 appointment of Johanna
Sigurdardottir as the first female Prime Minister of Iceland,
the 2007 election of Congresswoman Nancy Pelosi as the first
female Speaker of the United States House of Representatives,
the 2006 election of Michelle Bachelet as the first female
President of Chile, the 2006 election of Ellen Johnson-
Sirleaf as the President of Liberia, the first female
President in Africa's history, and the 2005 election of
Angela Merkel as the first female Chancellor of Germany, who
also served as the second woman to chair a G8 summit in 2007;
Whereas women account for 80 percent of the world's 70
million micro-borrowers, 75 percent of the 28,000 United
States loans supporting small businesses in Afghanistan are
given to women, and 12 women are chief executive officers of
Fortune 500 companies;
Whereas in the United States women are graduating from high
school at higher rates and are earning bachelor's degrees or
higher degrees at greater rates than men with 88 percent of
women between the ages of 25 and 29 having obtained a high
school diploma and 31 percent of women between the ages of 25
and 29 earning a bachelor's degree or higher degree;
Whereas despite tremendous gains over the past 20 years,
women still face political and economic obstacles, struggle
for basic rights, face the threat of discrimination, and are
targets of violence all over the world;
Whereas worldwide women remain vastly underrepresented in
national and local assemblies, accounting on average for less
than 10 percent of the seats in parliament, except for in
East Asia where the figure is approximately 18 to 19 percent,
and women do not hold more than 8 percent of the ministerial
positions in developing regions;
Whereas women work two-thirds of the world's working hours,
produce half of the world's food, yet earn only 1 percent of
the world's income and own less than 1 percent of the world's
property;
Whereas female managers earned less than their male
counterparts in the 10 industries that employed the vast
majority of all female employees in the United States between
1995 and 2000;
Whereas 70 percent of the 1,300,000,000 people living in
poverty around the world are women and children;
Whereas two-thirds of the 876,000,000 illiterate
individuals worldwide are women, two-thirds of the
125,000,000 school-aged children who are not attending school
worldwide are girls, and girls are less likely to complete
school than boys according to the United States Agency for
International Development;
Whereas worldwide women account for half of all cases of
HIV/AIDS, (approximately 42,000,000), and in countries with
high HIV prevalence, young women are at a higher risk than
young men of contracting HIV;
Whereas globally, each year over 500,000 women die during
childbirth and pregnancy;
Whereas domestic violence causes more deaths and disability
among women between the ages of 15 and 44 than cancer,
malaria, traffic accidents, and war;
Whereas worldwide, at least 1 out of every 3 women and
girls has been beaten in her lifetime;
Whereas at least 1 out of every 6 women and girls in the
United States has been sexually abused in her lifetime,
according to the Centers for Disease Control and Prevention;
Whereas worldwide, 130,000,000 girls and young women have
been subjected to female genital mutilation, and it is
estimated that 10,000 girls are at risk of being subjected to
this practice in the United States;
Whereas illegal trafficking in women and children for
forced labor, domestic servitude, or sexual exploitation
involves between 1,000,000 and 2,000,000 women and children
each year, of whom 50,000 are transported into the United
States, according to the Congressional Research Service and
the Department of State;
Whereas between 75 and 80 percent of the world's 27,000,000
refugees are women and children;
Whereas in times and places of conflict and war, women and
girls continue to be the focus of extreme violence and
intimidation and face tremendous obstacles to legal recourse
and justice;
Whereas March 8 has become known as International Women's
Day for the last century, and is a day on which people, often
divided by ethnicity, language, culture, and income, come
together to celebrate a common struggle for women's equality,
justice, and peace; and
[[Page 7096]]
Whereas the people of the United States should be
encouraged to participate in International Women's Day: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) supports the goals of International Women's Day;
(2) recognizes and honors the women in the United States
and in other countries who have fought and continue to
struggle for equality in the face of adversity;
(3) reaffirms its commitment to ending discrimination and
violence against women and girls, to ensuring the safety and
welfare of women and girls, and to pursuing policies that
guarantee the basic human rights of women and girls both in
the United States and in other countries; and
(4) encourages the President to--
(A) reaffirm his commitment to pursue policies to protect
fundamental human rights and civil liberties, particularly
those of women and girls; and
(B) issue a proclamation calling upon the people of the
United States to observe International Women's Day with
appropriate programs and activities.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Berman) and the gentleman from New Jersey (Mr. Smith)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. BERMAN. Mr. Speaker, I rise in strong support of this resolution,
and I yield myself such time as I may consume.
I first want to thank Representative Jan Schakowsky and the other
cosponsors of this resolution for honoring the contributions and
achievements of women around the world, and the importance of promoting
and protecting their rights.
Today, women all over the world are becoming leaders in science,
medicine, arts, politics, and even the military. Despite this progress,
it is a sad fact that women and girls continue to constitute the vast
majority of the world's poor, chronically hungry, refugees, HIV-
infected, uneducated, unemployed and disenfranchised. All too often,
women are subject to physical violence and discrimination as a result
of their gender. Women are also the targets of cruel cultural
practices, including genital mutilation, forced and early marriages,
humiliating and harmful widow practices, bride burnings and honor
killings.
On average, women continue to receive less pay for work of equal
value, and many continue to face discrimination in hiring and admission
to educational institutions. It is not enough to simply declare the
equality of women and condemn their mistreatment. We must, in all
sectors of society, address the structural factors that prevent women
and girls from enjoying the same rights and opportunities as boys and
men.
We must also eliminate the criminal and cultural practices that
destroy the lives and freedom and health of women. Statistics
demonstrate that when women's quality of life improves, their children
are happier, healthier and better educated. Entire communities and
countries benefit from these improvements. Successful, educated and
respected women also become powerful role models for future
generations.
In honor of our family members, our female colleagues and our
Speaker, not to mention women across the country and around the world,
I am proud to support this resolution and urge all my colleagues to do
the same.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
H. Res. 194, supporting the goals of International Women's Day,
provides us with an opportunity to celebrate the important
contributions to all levels of society and social advancement of women
around the globe.
I would like to focus my comments on three areas referenced in the
resolution on which so much more needs to be done to ensure women and
girls worldwide achieve their full potential. One is with respect to
the horrible phenomenon, the criminality, of human trafficking. The
resolution cites reported estimates that between one and two million
women are trafficked for sexual exploitation, forced labor, and
domestic servitude each year. Some NGO estimates are far higher than
that number. Women are robbed of their dignity, fundamental human
rights, and forced into bondage and sexual servitude. They are modern-
day slaves.
In 2000, I was the prime sponsor of the Trafficking Victims
Protection Act of 2000 which, together with its reauthorizations,
including Chairman Berman's legislation reauthorizing the law last year
named after the great British parliamentarian William Wilberforce, who
stopped the slave trade in London, has made the United States a leader
in addressing the egregious human rights violations of trafficking and
motivated other countries and governments to do the same. Yet much work
remains to be done if we are to eliminate this scourge. Too much
demand, enabled by crass indifference, unbridled hedonism and
misogynistic attitudes, has turned women and girls into objects, valued
only for their utility in the brothel or in the sweatshop. Society has
helped perpetuate this heinous crime by failing to utilize all the
means at our disposal to combat it.
Legislation that I will soon introduce, along with Don Payne from my
own home State of New Jersey, entitled the ``International Megan's
Law,'' would address this omission with respect to sex tourism to
exploit children. It would seek to protect girls and boys around the
world from sexual exploitation by establishing a notification system
between governments when a known high-risk sex offender is traveling or
intends to travel internationally.
Government representatives from other countries, including Thailand,
Brazil, the United Kingdom and Australia, have expressed a desire to
cooperate with the United States to address the degrading exploitation
that occurs as a result of sex tourism. Girls are the primary victims
in this often overlooked form of trafficking.
Another key area in critical need of improvement is that of maternal
health. Most of us are familiar with the appalling statistic that in
sub-Saharan Africa, the lifetime risk of maternal death is 1 in 16,
compared with 1 in 2,800 in developed countries. It is unacceptable and
awful in the extreme that most of these maternal deaths are
preventable.
{time} 1400
During the Africa Subcommittee's hearing about safe blood that I
chaired in the 109th Congress, we heard from Dr. Neelam Dhingra of the
World Health Organization. Dr. Dhingra informed us that the most common
cause of maternal death in sub-Saharan Africa is severe bleeding, which
can take the life of even a healthy woman within 2 hours if not
properly and immediately treated. She gave us the astonishing statistic
that in Africa severe bleeding during delivery or after childbirth
contributes to up to 44 percent of maternal deaths, many of which could
be prevented simply by having access to safe blood. A sufficient
quantity and quality of immediately available and usable blood must
become the norm and not the exception. I congratulate Chaka Fattah from
Philadelphia, a Member of Congress, for his work in promoting safe
blood.
Another unacceptable risk for many women giving birth in the
developing world, especially Africa, is obstetric fistula. Fistula, Mr.
Speaker, can be treated and repaired through a relatively minor
surgical procedure that costs, on average, $150 per surgery. Still,
large numbers of women, an estimated 2 million, endure tremendous pain
and numbing isolation that comes from being the walking wounded,
incontinent and ostracized, and not able to get to a hospital--like the
famous hospital in Addis, which performs these wonderful interventions.
I visited that hospital and saw dozens of women who got fistula repair,
and the smiles on their faces were amazing. With just a
[[Page 7097]]
small investment of health care dollars, the lives of women throughout
Africa could be dramatically changed.
Helping mothers and helping babies goes hand in hand, Mr. Speaker.
There is no dichotomy. When women receive proper prenatal and maternal
health care, they are less likely to die in childbirth, and when unborn
babies are healthy in the womb, they emerge as healthier, stronger
newborns.
Birth is not the beginning of life, it is merely an event in the
baby's life that began at fertilization. Life is a continuum with many
stages. I believe, Mr. Speaker, human rights should be respected from
womb to tomb, and that no violence is acceptable against anyone,
regardless of age, race, religion, gender, disability, or condition of
dependency. We need to recognize this biological fact in policy,
funding and programs, and treat both mother and baby, including the
unborn child, as two patients in need of respect, love and tangible
assistance. We need to affirm them both.
I would like to conclude by raising the plight of women, and
especially the girl child, who suffer from the coercive population
control agenda of the Chinese Government.
As you know, Mr. Speaker, I was blocked from offering two pro-life,
pro-child, pro-women amendments to the huge $410 billion omnibus. One
of those amendments would have restored the Kemp-Kasten policy for all
organizations, including the U.N. Population Fund, if they had been
found to be involved with coercive population control.
I held 26 hearings, Mr. Speaker, on human rights in China when I was
the chairman of the Human Rights Subcommittee and met with numerous
women during frequent human rights missions to China. There is no doubt
that the U.N. Population Fund has supported, co-managed, and
whitewashed the most pervasive crimes against women in all of human
history.
China's one-child-per-couple policy relies on pervasive coerced
abortion, involuntary sterilization, ruinous fines in the amounts of up
to ten times the salary of both parents, imprisonment, and job loss or
a demotion to achieve its quotas. In China today, brothers and sisters
are illegal. Women are told when and if they can have the one child
permitted by law. And rather than showing compassion and tangible
assistance to unwed mothers, unwed moms, even if it's their first baby,
are forcibly aborted. Let me say that again. There are no unwed moms in
China, they are all forcibly aborted.
Women are severely harmed emotionally, psychologically and
physically. Chinese women are violated by the state. The suicide rate
for Chinese women is about 500 per day, according to the most recent
Human Rights Report from the Department of State--it just came out 2
weeks ago--and that number far exceeds any other number.
Then there are the missing girls, upwards of 100 million girls
missing in China as a direct result of sex selection abortions. This
gendercide is a direct result of the one-child-per-couple policy
combined with a preference for boys. That human rights abuse has to be
made much more visible. The Chinese Government has to take corrective
action. And all of us have to do our part to stop this gendercide of
young girls, of little girls.
I urge unanimous support for H. Res. 194. It is an excellent
resolution.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of H.
Res. 194, ``Supporting the goals of International Women's Day''. As a
member of the Congressional Caucus for Women's Issues this resolution
is very important to me and I thank my colleague Congresswoman Jan
Schakowsky for introducing this resolution.
H. Res. 194 recognizes and honors the women who have fought and
continue to struggle for equality. There are over 3,000,000,000 women
in the world, representing 51 percent of the world's population and
yet, women remain vastly underrepresented in national and local
assemblies, face political and economic obstacles, struggle for basic
rights, face the threat of discrimination, and are targets of violence
all over the world.
Despite tremendous gains over the past 20 years women still have
great strides to make. How is it that women work \2/3\ of the world's
working hours, produce half of the world's food, yet earn only 1
percent of the world's income and own less than 1 percent of the
world's property? Today, although women have reached great heights,
women are still earning less than their male counterparts in the
workforce. Two-thirds of illiterate individuals worldwide are women
which is quite distressing.
Throughout the world, women are victims of violence and disease.
Women have become victims of illegal human trafficking for the purpose
of forced labor, domestic servitude, and/or sexual exploitation. We
must pledge to stop this violence against women.
Domestic violence causes more deaths and disability among women
between the ages of 15 and 44 than cancer, malaria, traffic accidents,
and war. Worldwide, at least 1 out of every 3 women and girls have been
beaten in her lifetime and at least 1 out of every 6 women and girls in
the United States has been sexually abused in her lifetime.
Furthermore, 70 percent of the people living in poverty around the
world are women and children. In addition, women account for half of
all cases of HIV/AIDS worldwide. These statistics are staggering and
show why this resolution must be passed.
The United States House of Representatives must show a commitment to
ending discrimination and violence against women and girls, to ensure
their safety and welfare, and to pursue policies that guarantee their
basic rights.
Mr. Speaker, I urge my colleagues to support this extremely important
resolution, H. Res. 194, ``Supporting the goals of International
Women's Day''. Women's rights affect everyone, as we all have a mother.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time.
Mr. BERMAN. Mr. Speaker, we have no more speakers.
I might point out the irony that, in a resolution that is
commemorating International Women's Day, the sponsor of that resolution
is not available to speak on the floor because she is at the White
House commemorating International Women's Day. But Ms. Schakowsky's
comments can be added into the Record.
Mrs. MALONEY. Mr. Speaker, I rise today in support of H. Res. 194, a
resolution to support the goals of International Women's Day. I'd like
to take this opportunity to commend the work of my colleague, Rep. Jan
Schakowsky, for introducing this resolution again in the 111th
Congress, and for her invaluable work in support of women's rights as
co-chair of the Congressional Caucus on Women's Issues.
In the United States and in countries around the world, women are
agents of change, development, and prosperity, contributing in so many
ways to the well-being of their families and communities. There is
clear and abundant evidence that when women thrive, the entire world
thrives as well.
However, the benefits of women's full participation in economic,
political, and social life are not being realized in many parts of the
world. In all regions, women are less likely than men to receive pay
commensurate to the value of their work, be given a voice in their
national governments, or have access to basic human rights such as the
right to an education. In many countries, the United States included,
domestic violence is further reducing the opportunities available to
women and girls to lead happy, healthy lives. H. Res. 194 is an
important step towards guaranteeing the basic rights of women and girls
worldwide by calling for an end to this discrimination.
Throughout my time in Congress, promoting women's rights has been one
of my top legislative priorities. For years I have worked tirelessly
with likeminded colleagues to restore funding to UNFPA, an organization
whose mission is to promote the right of every woman to enjoy a life of
health and equal opportunity. I commend the new Administration for
recognizing the value of this goal by committing to funding UNFPA,
including $50 million in the FY09 Omnibus Appropriations Bill.
However, more needs to be done in the 111th Congress to further
women's rights. That is why I will be introducing a resolution
condemning the actions of the Taliban to restrict girls' access to
education in Swat, Pakistan, as well as H.R. 606, the International
Women's Freedom Act. This bill reflects the goals of International
Women's Day in many ways, as it calls for concerted action on the part
of the State Department and Executive Branch to advance the rights of
women, including creating an Office of International Women's Rights
within the State Department, establishing a women's rights Internet
site, and requiring that Foreign Service Officers receive women's
rights related training.
[[Page 7098]]
This resolution in support of International Women's Day recognizes
the strength, leadership, and capability demonstrated by women in every
village, city, and country. I ask my colleagues to join me in
reaffirming their commitments to protecting the rights of women and
girls around the world, by observing International Women's Day, and by
honoring women's contributions every day.
Mr. SIRES. Mr. Speaker. I rise today in support of House Resolution
194, supporting the goals of International Women's Day. Women have come
a long way in our nation; leading graduation rates at universities,
running major corporations and being elected to the highest levels of
government. I am proud to live in a country where more women than ever
before are being elected to office and I am proud to serve with the
first woman Speaker of the House of Representatives. However, many
women around the world continue to be less fortunate; living in
poverty, without access to health care, education or basic human
rights. We must continue to be their voice, so that women all across
the world will one day have the ability to make their own decisions
about their lives. I hope that by providing women with the tools to
educate themselves, they are better equipped to provide for their
families, protect themselves against HIV/AIDS, end cycles of domestic
violence, and fight for their rights. Mr. Speaker, we must continue to
support the goals of International Women's Day to ensure the further
advancement of women in our country and around the globe.
Ms. WATSON. Mr. Speaker, I rise today in enthusiastic support for H.
Res. 194 a resolution supporting the goals of International Women's
Day. For the last century March 8th has been a day for people to unite
in their commitment to honor the women who courageously fight for
gender equality and women's rights across the globe.
The course of women's history through the 20th and 21st centuries has
been on an upward trajectory, and while we celebrate how far we have
come, it is important to pause and reflect on the reality that women
continue to face political and economic obstacles, discrimination, and
violence all over the world.
While there are many who deserve our appreciation, I would like to
recognize the women of Afghanistan who have begun to steadily chip at
the steel grasp of patriarchy, and begun to fight for safety and
justice.
Before 2003 the idea of a women's shelter in Afghanistan was unheard
of, and domestic abuse victims who did seek protection from law
enforcement were often thrown in jail or returned to their husbands,
perpetuating a culture of silence around the practices of beating,
torture, and forced marriage.
Now, shelters like the Women for Afghan Women in Kabul and the Afghan
Women Skills Development Center provide protection, treatment, and
legal services to women who might otherwise have resigned themselves to
a life of quiet misery, or resorted to suicide.
These shelters, like others around the world, provide solace and
safety for women with nowhere else to turn. They provide the basic hope
of possibilities for those seeking a safe haven from abuse. Before
these shelters existed many Afghan women could only dream of a life in
their own control, and now they have hope.
I would like to thank my colleague Congresswoman Schakowsky for
sponsoring this important resolution which allows us to stand and
celebrate our common ideals with the 3 billion women across the globe
in dignity and certitude that one day women will live free of
discrimination and violence no matter where they were born.
Mr. BERMAN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Berman) that the House suspend the rules
and agree to the resolution, H. Res. 194, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution, as amended, was agreed to.
A motion to reconsider was laid on the table.
____________________
RECOGNIZING PLIGHT OF TIBETAN PEOPLE ON 50TH ANNIVERSARY OF THE DALAI
LAMA'S EXILE
Mr. BERMAN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 226) recognizing the plight of the Tibetan people
on the 50th anniversary of His Holiness the Dalai Lama being forced
into exile and calling for a sustained multilateral effort to bring
about a durable and peaceful solution to the Tibet issue.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 226
Whereas for more than 2,000 years the people of Tibet have
maintained a distinct cultural identity, language, and
religion;
Whereas in 1949, the armed forces of the People's Republic
of China took over the eastern areas of the traditional
Tibetan homeland, and by March 1951 occupied the Tibetan
capital of Lhasa and laid siege to Tibetan government
buildings;
Whereas in April 1951, under duress of military occupation,
Tibetan government officials signed the Seventeen Point
agreement which provided for the preservation of the
institution of the Dalai Lama, local self government and
continuation of the Tibetan political system, and the
autonomy for Tibetans within the People's Republic of China;
Whereas on March 10, 1959, the Tibetan people rose up in
Lhasa against Chinese rule in response to Chinese actions to
undermine self-government and to rumors that Chinese
authorities planned to detain Tenzin Gyatso, His Holiness the
14th Dalai Lama, the spiritual and temporal leader of the
Tibetan people;
Whereas on March 17, 1959, with the People's Liberation
Army commencing an assault on his residence, the Dalai Lama,
in fear of his safety and his ability to lead the Tibetan
people, fled Lhasa;
Whereas upon his arrival in India, the Dalai Lama declared
that he could do more in exile to champion the rights and
self-determination of Tibetans than he could inside territory
controlled by the armed forces of the People's Republic of
China;
Whereas the Dalai Lama was welcomed by the Government and
people of India, a testament to the close cultural and
religious links between India and Tibet and a mutual
admiration for the philosophies of non-violence espoused by
Mahatma Gandhi and the 14th Dalai Lama;
Whereas under the leadership of the Dalai Lama, Tibetans
overcame adversity and hardship to establish vibrant exile
communities in India, the United States, Europe, and
elsewhere in order to preserve Tibetan cultural identity,
language, and religion;
Whereas the Dalai Lama set out to instill democracy in the
exile community, which has led to the Central Tibetan
Administration with its democratically elected Executive and
Legislative Branches, as well as a Judicial Branch;
Whereas on March 10 every year Tibetans commemorate the
circumstances that led to the separation of the Dalai Lama
from Tibet and the struggle of Tibetans to preserve their
identity in the face of the assimilationist policies of the
People's Republic of China;
Whereas over the years the United States Congress has sent
strong and clear messages condemning the Chinese Government's
repression of the human rights of Tibetans, including
restrictions on the free practice of religion, detention of
political prisoners, and the disappearance of Gedhun Choekyi
Nyima, the 11th Panchen Lama;
Whereas in October 2007, Tenzin Gyatso, the 14th Dalai Lama
received the Congressional Gold Medal in recognition of his
lifetime efforts to promote peace worldwide and a non-violent
resolution to the Tibet issue;
Whereas it is the objective of the United States
Government, consistent across administrations of different
political parties, to promote a substantive dialogue between
the Government of the People's Republic of China and the
Dalai Lama or his representatives in order to secure genuine
autonomy for the Tibetan people;
Whereas eight rounds of dialogue between the envoys of the
Dalai Lama and representatives of the Government of the
People's Republic of China have failed to achieve any
concrete and substantive results;
Whereas the 2008 United States Department of State's
Country Report on Human Rights states that ``The [Chinese]
government's human rights record in Tibetan areas of China
deteriorated severely during the year. Authorities continued
to commit serious human rights abuses, including torture,
arbitrary arrest, extrajudicial detention, and house arrest.
Official repression of freedoms of speech, religion,
association, and movement increased significantly following
the outbreak of protests across the Tibetan plateau in the
spring. The preservation and development of Tibet's unique
religious, cultural, and linguistic heritage continued to be
of concern.''; and
Whereas the envoys of the Dalai Lama presented in November
2008, at the request of Chinese officials, a Memorandum on
Genuine Autonomy for the Tibetan People outlining a plan for
autonomy intended to be consistent with the constitution of
the People's Republic of China: Now, therefore, be it
Resolved, That the House of Representatives--
(1) recognizes the Tibetan people for their perseverance in
face of hardship and adversity in Tibet and for creating a
vibrant and democratic community in exile that sustains the
Tibetan identity;
(2) recognizes the Government and people of India for their
generosity toward the Tibetan refugee population for the last
50 years;
[[Page 7099]]
(3) calls upon the Government of the People's Republic of
China to respond to the Dalai Lama's initiatives to find a
lasting solution to the Tibetan issue, cease its repression
of the Tibetan people, and to lift immediately the harsh
policies imposed on Tibetans, including patriotic education
campaigns, detention and abuses of those freely expressing
political views or relaying news about local conditions, and
limitations on travel and communications; and
(4) calls upon the Administration to recommit to a
sustained effort consistent with the Tibetan Policy Act of
2002, that employs diplomatic, programmatic, and multilateral
resources to press the People's Republic of China to respect
the Tibetans' identity and the human rights of the Tibetan
people.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Berman) and the gentlewoman from Florida (Ms. Ros-
Lehtinen) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. BERMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. BERMAN. Mr. Speaker, I rise in strong support of this resolution
and yield myself as much time as I may consume.
This resolution recognizes the plight of the Tibetan people on the
50th anniversary of His Holiness the Dalai Lama's exile and calls for a
sustained multilateral effort toward a peaceful resolution to the Tibet
issue.
The resolution is introduced by my good friends, the gentleman from
New Jersey (Mr. Holt) and our ranking member, Ileana Ros-Lehtinen of
Florida. I thank them for their leadership in ensuring that the House
commemorates this important date.
In 1949, the People's Liberation Army of China entered the eastern
areas of the traditional Tibetan territory. In 1951, they occupied the
Tibetan capital of Lhasa. Fifty years ago this month, the Tibetan
people rose up in Lhasa against Chinese rule.
On March 17, 1959, His Holiness the Dalai Lama fled Tibet after the
People's Liberation Army commenced an assault on his residence. He was
followed into exile by some 80,000 Tibetans. Tens of thousands of
Tibetans who remained were killed or imprisoned.
Under the leadership of the Dalai Lama, Tibetans have sought to
overcome adversity and hardship. Exiled communities have been
established in India, the United States, Europe, and elsewhere, to
preserve Tibetan cultural identity, language and religion. They have
succeeded abroad, but at home, the uniqueness of the Tibetan people
remains threatened by Chinese policies.
Over the years, the Congress has repeatedly championed the rights of
Tibetans, applauded efforts by the Dalai Lama to seek a peaceful
resolution to the dispute between China and Tibet, and funded programs
to assist Tibetan refugees.
In 2002, Congress passed the Tibetan Policy Act, the cornerstone of
U.S. policy toward Tibet. This legislation codified the position of
Special Coordinator for Tibetan Issues and emphasized that it should be
U.S. policy to promote a dialogue between the Chinese Government and
representatives of the Dalai Lama in order to achieve a settlement
based on meaningful and genuine autonomy for the Tibetan people.
In 2007, Congress awarded the Congressional Gold Medal to His
Holiness the Dalai Lama in recognition of his life-long dedication to
the causes of peace and non-violent resolution to the Tibet issue.
I know that many of our friends in China are distressed by the
continued congressional focus on Tibet. To them I say this resolution
is not anti-Chinese. We have deep respect for both peoples. But after
eight rounds of fruitless meetings between the Chinese Government and
representatives of the Dalai Lama, it appears to many of us that China
is not serious about achieving resolution of this difficult issue.
It's time for China to negotiate in good faith. I urge the Chinese
Government to re-examine their policies in Tibet and to provide the
Tibetan people genuine autonomy in their traditional homeland.
Mr. Speaker, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
I thank our esteemed chairman of the committee, Mr. Berman from
California.
Mr. Speaker, I rise in enthusiastic support of this House resolution
because it conveys a continued deep concern of both the Congress and
the American people for the plight of the people of Tibet, a concern
first demonstrated by our late committee chairman, Tom Lantos. Our
chairman, Mr. Berman, continues this human rights legacy. I'm honored
to join with my colleague, Congressman Holt, in cosponsoring this
important resolution commemorating the 50th anniversary of the uprising
in Tibet against Chinese Communist rule.
The history of the people of Tibet for the past half century has been
one of grace under fire and of courage in the face of extreme
adversity. Beijing's Communist overseers displayed once again their
calloused hostility to the cultural, religious and linguistic rights of
the Tibetan people by their harsh and bloody crackdown in Tibet exactly
1 year ago. The iron grip of Beijing, however, cannot silence, cannot
repress, cannot extinguish the resilient Buddhist spirit of the people
who occupy the land known as the ``Rooftop of the World.''
The forced exile of His Holiness the Dalai Lama and his flight into
India 50 years ago is a continuing source of profound sorrow for the
people of Tibet. This resolution, therefore, Mr. Speaker, also takes
note of the warmth and the support with which the government and the
people of India have greeted the Dalai Lama and other exiles from
Tibet.
Tibet's tragic loss of its spiritual leader, however, has proven to
be the world's gain. No steadier voice on the issues of religious
freedom and human rights has been heard in the corridors of power than
that of the quiet, but determined, voice of the Dalai Lama. He has
risen from being a humble refugee to becoming both a Nobel Peace Prize
recipient and the conscience of the civilized world.
The Chinese Foreign Minister is in Washington this very week for an
official visit, the very week that we commemorate the uprising in
Tibet. Just prior to his departure from Beijing to Washington, the
Chinese Foreign Minister stated, ``The Dalai side still insists on
establishing a so-called greater Tibet on a quarter of China's
territory; you call this person a religious figure?''
Mr. Speaker, this resolution can serve as a response to the foreign
minister. The U.S. Congress has a message for the Foreign Minister of
China's Communist regime, and that is that the Dalai Lama is not only a
religious figure, but a person of such renown that he was granted the
Congressional Gold Medal. I was honored to serve as one of the sponsors
for this legislation awarding the Dalai Lama the Congressional Gold
Medal during the last Congress.
Our message to the Chinese regime is contained in the forceful
language of this resolution calling for the preservation of the
religious and human rights of the people of Tibet. The U.S. Government
must keep faith with the people of Tibet. We must press the Chinese
regime on issues of human rights and religious freedom in Tibet. The
U.S. Congress will not fail in our commitment to Tibet and to its
people.
Now is the time for all of us to reflect on the enormous resilience
of a captive Tibet and its suffering people over the past five decades.
Now is the time to call on the Communist leaders in Beijing--sitting
behind the walls of their enclosed compound--to hear the cries from the
international community for justice in Tibet. Now is the time for our
colleagues to reconfirm their support for the Dalai Lama and for his
oppressed people.
Mr. Speaker, I reserve the balance of my time.
[[Page 7100]]
{time} 1415
Mr. BERMAN. Mr. Speaker, at this point I yield 5 minutes to the
gentleman from New Jersey (Mr. Holt), the sponsor of the resolution.
Mr. HOLT. Mr. Speaker, I thank the distinguished chairman for
yielding.
Yesterday marked the passage of 50 years since the Tibetan people in
Lhasa first rose in protest against the harsh actions of the People's
Republic of China to undermine the Tibetan self-government. I am
honored to introduce this resolution recognizing the long hardship
borne by the Tibetan people, a great people, who continue to labor
peacefully for freedom in Tibet and maintain a Tibetan cultural
identity and democratic community, even in exile. Importantly, this
resolution also recognizes the government and the people of India, who
generously have hosted the exiled government and people of Tibet in the
city of Dharamsala since 1960. The perseverance and charity exhibited
by these peoples should be a model for all.
For 50 years the situation in Tibet has deteriorated with too little
attention from the outside world. Tibetan culture has been eradicated
systematically and relentlessly. Basic freedoms, like freedoms of
speech and religion and association and movement, have been repressed.
Human rights abuses have been all too common and continue to occur. At
this time last year, the Chinese Government was engaged in a fierce
crackdown on nonviolent Tibetan protesters that resulted in serious
injuries to civilians and an undetermined but significant number of
deaths. Even today reports indicate that the Chinese Government has
imposed a virtual state of martial law in the Tibetan plateau.
Over the same 50 years and in the face of such adversity, the Dalai
Lama has sought to bring wisdom to human affairs and has used his
position and leadership to promote compassion and nonviolence in the
search for a lasting solution to this issue.
Last year I had the opportunity to travel to India with a
congressional delegation led by Speaker Pelosi. We witnessed firsthand
the dedicated Tibetans who crossed the rugged Himalayas to escape
oppression, including young children. We also had lengthy meetings with
the Dalai Lama, whose commitment to peaceful, steady progress is a
powerful beacon of hope to all people seeking freedom and equality. It
is long past time for this commitment to be reciprocated by the Chinese
Government.
The so-called ``Seventeen Point Agreement'' that was signed by
Chinese authorities in 1951 provided that ``the central authorities
will not alter the existing political system in Tibet. The central
authorities also will not alter the established status, functions, and
powers of the Dalai Lama. Officials of various ranks shall hold office
as usual.'' A few years later, in March of 1959, just days after the
Dalai Lama's flight from Lhasa, the Chinese Government abolished the
local Tibetan governing structure. The agreement also explicitly stated
that ``when the people raise demands for reform, they must be settled
through consultation with the leading personnel of Tibet.'' Clearly the
terms of this agreement have not been upheld. Tibetans and the
international community are asking that the Chinese Government
implement autonomy as promised but never granted genuinely.
In this spirit the resolution before us calls for an immediate
cessation of the repression and abuses being imposed upon the people of
Tibet. We urge the Chinese Government to engage in a constructive
dialogue with the Dalai Lama in a sustained effort to craft a permanent
and just solution that protects the rights and dignity of all Tibetans.
The distinctive culture of Tibet must be preserved, and we throughout
the world should want it preserved, and a vibrant future must be
guaranteed. I'm hopeful that the new administration will answer the
call of this resolution to use all of the diplomatic, programmatic, and
multilateral tools at its disposal to encourage China to adopt such a
course.
Last year this body agreed to a resolution introduced by Speaker
Pelosi that addressed the rights of the Tibetan people. Today we
reiterate that message and recommit ourselves to a sustained effort.
Today is a day when this body once again brings a national spotlight to
the plight of the Tibetan people, honors those who struggle
nonviolently against brutal suppression, and reaffirms our commitment
to freedom around the world. It is a day when we recognize, in the
words of the Dalai Lama, ``the importance of universal responsibility,
nonviolence, and interreligious understanding.''
I would like to thank Chairman Berman and the House Foreign Affairs
Committee for their leadership and action on this issue. I appreciate
the support of Ranking Member Ros-Lehtinen and the hard work of Mr.
Halpin of the minority staff as well as Mr. Hans Hogrefe of the Tom
Lantos Human Rights Commission. The immense contributions of Todd Stein
and the International Campaign for Tibet should also be acknowledged.
And I would like to pay special tribute to Speaker Pelosi, who has long
been a strong champion of human rights in Tibet and around the world,
and to thank her for her help with this resolution.
We call on the leaders of China for justice and freedom.
Ms. ROS-LEHTINEN. Mr. Speaker, at this time I would like to yield 4
minutes to the gentleman from California (Mr. Rohrabacher), who is the
ranking member of the Subcommittee on International Organizations,
Human Rights and Oversight.
Mr. ROHRABACHER. I thank the co-chairman of the Tibet Caucus.
I rise in strong support of this resolution, and I would like to
thank both leaders of both parties here, Howard Berman and, of course,
Ranking Member Ros-Lehtinen for all of the hard work they've done over
the years to support the cause of the people of Tibet. But also I would
like to point out that Nancy Pelosi, our esteemed Speaker, has over her
career put out enormous efforts on this issue, and it's an issue of the
heart and the soul. And that's why you see people in both parties who
have committed themselves to this noble endeavor of supporting a people
in a distant land somewhere on the top of the world on the other side
of the Earth, supporting them in their call for recognition of their
human rights and for us to recognize that, instead of dealing with
tyrants and bullies and gangsters in Beijing, a regime in Beijing that
oppresses their own people. They are also the world's worst human
rights abuser, and the regime in Beijing is the oppressor of this
actually peace-loving people on the other side of the world, the
Tibetan people.
One-sixth of the population of Tibet have lost their lives in this
five decades of suppression. Thousands of their monasteries have been
looted and destroyed. Their national treasure, the gold from their
religious artifacts, robbed from them. And, yes, we would tell the
Foreign Minister of that dictatorship in Beijing, yes, one-fourth of
the territory now claimed by that dictatorship is actually the
ancestral home of the Tibetan people. And we know that over these five
decades of suppression that the regime in Beijing has tried their best
to send other people into Tibet to steal their country. Not only to
steal their artifacts and close their monasteries, but to actually rob
from them their very country. And, yes, we, as honest people, should
recognize this is Tibet when we talk about that area on the map. The
Tibetan people, as the other people in China, have suffered because the
United States and other free countries have treated Beijing as if it is
a moral equivalent to the other countries that we deal with in the
world. We must differentiate between the vicious dictators who
obliterate their opposition and repress their own people. We must
differentiate between them and the democratic forces of the world. Our
job as Americans, as set forth by George Washington, whose picture we
see now overseeing these proceedings, we were given the task to ensure
that the light of democracy will shine bright. It does not shine bright
on governments that turn their back on the oppression that we have seen
by Beijing, the suppression of the people of Tibet, which we recognize
today in these five decades of suppression.
[[Page 7101]]
So today let us recognize that the Dalai Lama has been a force for
peace and freedom and justice in this world. We wish him all the best.
We wish the people of Tibet the best. And we are on their side. This
resolution says the American people, of whatever political party is not
important, that we are on the side of the people of Tibet, and they
should have no doubts about this and the government in Beijing that
suppresses them should have no doubts about that as well.
Mr. BERMAN. Mr. Speaker, it's my privilege to now recognize really
the leader in this institution on human rights generally and most
particularly on the issue of what has happened to the Tibetan people
and to His Holiness the Dalai Lama, the Speaker of the House (Ms.
Pelosi).
Ms. PELOSI. I thank the gentleman for yielding. I thank him and
Congresswoman Ileana Ros-Lehtinen for bringing this important
legislation to the floor, not only in Congresswoman Ros-Lehtinen's
situation as the ranking member but as a cosponsor of the legislation.
Thank you, Mr. Berman, for carrying on a proud tradition of Mr.
Lantos as ranking member on Foreign Affairs and then as chairman. He
also served, as you know, as Chair of the Human Rights Task Caucus in
the Congress of the United States.
It is with great sadness, Mr. Speaker, that I rise in support of this
resolution. I so had wished decades ago that we wouldn't be standing
here now still pleading the case for the people of Tibet. I thank Rush
Holt for giving us this opportunity again, with Congresswoman Ros-
Lehtinen, sponsoring this legislation; Howard Berman, as I mentioned,
the chairman; Frank Wolf, and Mr. McGovern, the co-Chairs of the Human
Rights Caucus in the Congress carrying on a strong tradition, Jim
McGovern's carrying on that tradition.
But as Mr. Rohrabacher mentioned, and I see Mr. Smith there, we have
been fighting this fight for a very long time.
My colleagues, going back a generation when the Dalai Lama first came
to the Congress with his proposal for autonomy, back in 1987, would we
have ever thought then that over 20 years later we would still be
making this case? Remember after Tiananmen Square, which will be 20
years in June, and we've talked about human rights in China and Tibet.
They said peaceful coexistence, peaceful engagement, this is going to
lead to the improvement of human rights in China and Tibet. A
generation has gone by, 20 years later, and what do we have? A more
repressive situation in Tibet. A situation so bad it moved His Holiness
in the statement he released on the occasion of the 50th anniversary to
say that life for the Tibetans under the repression of the Chinese
regime is ``hell on Earth.'' His Holiness used those terms. A man of
nonviolence and gentle nature would be moved to use those words.
So I thank all who are responsible for bringing this resolution to
the floor because, as we know, this week marks the 50th, five decades,
of waiting for this peaceful evolution to take place, this peaceful
evolution that was going to lead to more democratic freedoms. This was
against a peaceful uprising against the Chinese Government and then led
to the exiling of His Holiness out of Tibet.
With this resolution we remember that day and honor the many brave
Tibetans who sacrificed their lives for freedom. Thousands of them did.
With this resolution we recognize the hospitality of India for
receiving the Tibetans into that great nation. His Holiness and the
nation of India share a tradition of nonviolence and compassion, and we
salute India for extending that to the people of Tibet as they escaped.
{time} 1430
For the last year, Tibet has been under martial law, and the human
rights situation has severely worsened, according to the State
Department report. There has been no progress in the discussions with
the Chinese government. It is long past time, 50 years, for Beijing to
respect the human rights of every Tibetan, indeed, of every Chinese.
The United States Congress continues to be a bedrock of support for the
Tibetan people, and we do so in a strong, bipartisan way.
As I mentioned, in 1987, His Holiness the Dalai Lama, spoke in the
Capitol at the Congressional Human Rights Caucus. I was a brand-new
Member and invited there by Congressman Lantos. It was there that he
outlined his ``Middle Way Approach'' that calls for autonomy for Tibet.
On Capitol Hill, over 20 years ago, His Holiness declared a statement
of autonomy for Tibet. Twenty years later, we were all proud to stand
with President Bush as he presented the Congressional Gold Medal to His
Holiness the Dalai Lama, in the words of the President, for his ``many
enduring and outstanding contributions to peace, nonviolence, human
rights and religious understanding.''
Last year, as Mr. Holt mentioned, we had a congressional delegation
that visited India, where we were able to meet with His Holiness. This
visit, either by coincidence or karma, took place only a matter of
weeks after a protest that swept across the Tibetan plateau and the
crackdown by the Chinese authorities.
So when we were in India, and seeing all of these people who were
escaping from Tibet and prisoners who had been tortured in prisons in
Tibet telling us their stories, they were stories that were fresh and
current and tragic, and we were hopeless and helpless in how we could
help them in a very real way.
What we can do is put the moral authority of the Congress of the
United States in the form of this resolution, with a broad bipartisan
vote, down as a marker to say that we understand the situation there,
that we encourage it to be different and, as Mr. Rohrabacher said, that
we are on the side of the Tibetan people. But it shouldn't be a
question of taking sides, it should be a question of resolution,
resolving a difference, and that's what we hope the Chinese government
will do.
Just on a lighter note, when we were there, in addition to visiting
the prisoners, and those who had escaped over the mountains only a
matter of days before, we visited the children in their schools. They
were adorable. They had made flags that were Tibetan flags on one side
and American flags on the other. They had flags of the country of
India.
The children were so appreciative of the hospitality of India, so
grateful to the American people for speaking out on behalf of them, and
so proud of their Tibetan heritage. They are beautiful.
The preservation of the culture of Tibet is, of course, a very
important part of our enthusiasm for change. But, as I say, on the
lighter side, as we were traveling through the streets, our delegation,
our bipartisan delegation with Mr. Sensenbrenner, who is the most
senior Republican who came on the trip and was very powerful in his
statements there, but as we were traveling through the roads, the roads
were lined with people and they were waving flags, American, as I said,
American, Tibetan, Indian flags along the way.
One sign caught my eye. It said ``Thank you for everything that you
have done for us--so far.'' So far. So, in any event, more is expected.
More will come.
I told you about His Holiness' speech and about his statement that he
put out, and he called the situation there, the Tibetans who are in the
depths of suffering and hardship, that they are literally experiencing
hell on Earth.
Mr. Speaker, I would like to submit His Holiness' statement for the
Record.
The Statement of His Holiness the Dalai Lama on the Fiftieth
Anniversary of the Tibetan National Uprising Day
(Embargoed until 10th March, 9 a.m.)
Today is the fiftieth anniversary of the Tibetan people's
peaceful uprising against Communist China's repression in
Tibet. Since last March, widespread peaceful protests have
erupted across the whole of Tibet. Most of the participants
were youths born and brought up after 1959, who have not seen
or experienced a free Tibet. However, the fact that they were
driven by a firm conviction to serve the cause of Tibet that
has continued from generation to generation is indeed a
matter of pride. It will serve as a source of inspiration for
those in the international community who take keen interest
[[Page 7102]]
in the issue of Tibet. We pay tribute and offer our prayers
for all those who died, were tortured and suffered tremendous
hardships during the crisis last year, as well as those who
have suffered and died for the cause of Tibet since our
struggle began.
Around 1949, Communist forces began to enter north-eastern
and eastern Tibet (Kham and Amdo) and by 1950, more than 5000
Tibetan soldiers had been killed. Taking the prevailing
situation into account, the Chinese government chose a policy
of peaceful liberation, which in 1951, led to the signing of
the 17-Point Agreement and its annexure. Since then, Tibet
has come under the control of the People's Republic of China.
However, the Agreement clearly mentions that Tibet's distinct
religion, culture and traditional values would be protected.
Between 1954 and 1955, I met with most of the senior
Chinese leaders in the Communist Party, government and
military, led by Chairman Mao Zedong, in Beijing. When we
discussed ways of achieving the social and economic
development of Tibet, as well as maintaining Tibet's
religious and cultural heritage, Mao Zedong and all the other
leaders agreed to establish a preparatory committee to pave
the way for the implementation of the autonomous region, as
stipulated in the Agreement, rather than establishing a
military administrative commission. From about 1956 onwards,
however, the situation took a turn for the worse with the
imposition of ultra-leftist policies in Tibet. Consequently,
the assurances given by higher authorities were not
implemented on the ground. The forceful implementation of the
so-called ``democratic reforms'' in the Kham and Amdo regions
of Tibet, which did not accord with prevailing conditions,
resulted in immense chaos and destruction. In Central Tibet,
Chinese officials forcibly and deliberately violated the
terms of the 17-Point Agreement, and their heavy-handed
tactics increased day by day. These desperate developments
left the Tibetan people no alternative but to launch a
peaceful uprising on 10 March 1959. The Chinese authorities
responded with unprecedented force that led to the killing of
tens of thousands of Tibetans in the following months.
Thousands were arrested and imprisoned. Consequently, nearly
a hundred thousand Tibetans fled into exile in India, Nepal
and Bhutan. During the escape and the months that followed
they faced unimaginable hardship, which is still fresh in
Tibetan memory. At that time, I too, accompanied by a small
party of Tibetan government officials including some Kalons
(Cabinet Ministers), escaped into exile in India.
Having occupied Tibet, the Chinese Communist government
carried out a series of repressive and violent campaigns that
have included ``democratic reforms'', class struggle,
collectivisation, the Cultural Revolution, the imposition of
martial law, and more recently the patriotic re-education and
the strike hard campaigns. These thrust Tibetans into such
depths of suffering and hardship that they literally
experienced hell on earth. The immediate result of these
campaigns was the deaths of hundreds and thousands of
Tibetans. The lineage of the Buddha Dharma was severed.
Thousands of religious and cultural centres such as
monasteries, nunneries and temples were razed to the ground.
Historical buildings and monuments were demolished. Natural
resources have been indiscriminately exploited. Today,
Tibet's fragile environment has been polluted, massive
deforestation has been carried out and wildlife, such as wild
yaks and Tibetan antelopes, are being driven to extinction.
These 50 years have brought untold suffering and
destruction to the land and people of Tibet. Even today,
Tibetans in Tibet live in constant fear and the Chinese
authorities remain constantly suspicious of them. Today, the
religion, culture, language and identity, which successive
generations of Tibetans have considered more precious than
their lives, are nearing extinction; in short, the Tibetan
people are regarded like criminals deserving to be put to
death. The Tibetan people's tragedy was set out in the late
Panchen Rinpoche's 70,000-character petition to the Chinese
government in 1962. He raised it again in his speech in
Shigatse in 1989 shortly before he died, when he said that
what we have lost under Chinese communist rule far outweighs
what we have gained. Many concerned and unbiased Tibetans
have also spoken out about the hardships of the Tibetan
people. Even Hu Yaobang, the Communist Party Secretary, when
he arrived in Lhasa in 1980, clearly acknowledged these
mistakes and asked the Tibetans for their forgiveness. Many
infrastructural developments such as roads, airports,
railways, and so forth, which seem to have brought progress
to Tibetan areas, were really done with the political
objective of sinicising Tibet at the huge cost of devastating
the Tibetan environment and way of life.
As for the Tibetan refugees, although we initially faced
many problems such as great differences of climate and
language and difficulties earning our livelihood, we have
been successful in re-establishing ourselves in exile. Due to
the great generosity of our host countries, especially India,
Tibetans have been able to live in freedom without fear. We
have been able to earn a livelihood and uphold our religion
and culture. We have been able to provide our children with
both traditional and modern education, as well as engaging in
efforts to resolve the Tibet issue. There have been other
positive results too. Greater understanding of Tibetan
Buddhism with its emphasis on compassion has made a positive
contribution in many parts of the world.
Immediately after our arrival in exile I began to work on
the promotion of democracy in the Tibetan community with the
election of the Tibetan Parliament-in-Exile in 1960. Since
then, we have taken gradual steps on the path to democracy
and today our exile administration has evolved into a fully
functioning democracy with a written charter of its own and a
legislative body. This is indeed something we can all be
proud of.
Since 2001, we have instituted a system by which the
political leadership of Tibetan exiles is directly elected
through procedures similar to those in other democratic
systems. Currently, the directly-elected Kalon Tripa's
(Cabinet Chairperson) second term is underway. Consequently,
my daily administrative responsibilities have reduced and
today I am in a state of semi-retirement. However, to work
for the just cause of Tibet is the responsibility of every
Tibetan, and as long as I live I will uphold this
responsibility.
As a human being, my main commitment is in the promotion of
human values; this is what I consider the key factor for a
happy life at the individual, family and community level. As
a religious practitioner, my second commitment is the
promotion of inter-religious harmony. My third commitment is
of course due to my being a Tibetan with the name of ``Dalai
Lama'', but more importantly it is due to the trust that
Tibetans both inside and outside Tibet have placed in me.
These are the three important commitments, which I always
keep in mind.
In addition to looking after the well being of the exiled
Tibetan community, which they have done quite well, the
principal task of the Central Tibetan Administration has been
to work towards the resolution of the issue of Tibet. Having
laid out the mutually beneficial Middle-Way policy in 1974,
we were ready to respond to Deng Xiaoping when he proposed
talks in 1979. Many talks were conducted and fact-finding
delegations dispatched. These however, did not bear any
concrete results and formal contacts eventually broke off in
1993.
Subsequently, in 1996-97, we conducted an opinion poll of
the Tibetans in exile, and collected suggestions from Tibet
wherever possible, on a proposed referendum, by which the
Tibetan people were to determine the future course of our
freedom struggle to their full satisfaction. Based on the
outcome of the poll and the suggestions from Tibet, we
decided to continue the policy of the Middle-Way.
Since the re-establishment of contacts in 2002, we have
followed a policy of one official channel and one agenda and
have held eight rounds of talks with the Chinese authorities.
As a consequence, we presented a Memorandum on Genuine
Autonomy for the Tibetan People, explaining how the
conditions for national regional autonomy as set forth in the
Chinese constitution would be met by the full implementation
of its laws on autonomy. The Chinese insistence that we
accept Tibet as having been a part of China since ancient
times is not only inaccurate, but also unreasonable. We
cannot change the past no matter whether it was good or bad.
Distorting history for political purposes is incorrect.
We need to look to the future and work for our mutual
benefit. We Tibetans are looking for a legitimate and
meaningful autonomy, an arrangement that would enable
Tibetans to live within the framework of the People's
Republic of China. Fulfilling the aspirations of the Tibetan
people will enable China to achieve stability and unity. From
our side, we are not making any demands based on history.
Looking back at history, there is no country in the world
today, including China, whose territorial status has remained
forever unchanged, nor can it remain unchanged.
Our aspiration that all Tibetans be brought under a single
autonomous administration is in keeping with the very
objective of the principle of national regional autonomy. It
also fulfills the fundamental requirements of the Tibetan and
Chinese peoples. The Chinese constitution and other related
laws and regulations do not pose any obstacle to this and
many leaders of the Chinese Central Government have accepted
this genuine aspiration. When signing the 17-Point Agreement,
Premier Zhou Enlai acknowledged that this was a reasonable
demand, but not the right time to implement it. In 1956, when
establishing the Preparatory Committee for the ``Tibet
Autonomous Region'', Vice-Premier Chen Yi pointing at a map
said, if Lhasa could be made the capital of the Tibet
Autonomous Region, which included the Tibetan areas within
the other provinces, it would contribute to the development
of Tibet and friendship between the Tibetan and Chinese
nationalities, a view shared by the Panchen Rinpoche and many
Tibetan cadres and scholars. If Chinese leaders had any
objections to our proposals, they could have provided reasons
for them and suggested alternatives for our consideration,
[[Page 7103]]
but they did not. I am disappointed that the Chinese
authorities have not responded appropriately to our sincere
efforts to implement the principle of meaningful national
regional autonomy for all Tibetans, as set forth in the
constitution of the People's Republic of China.
Quite apart from the current process of Sino-Tibetan
dialogue having achieved no concrete results, there has been
a brutal crackdown on the Tibetan protests that have shaken
the whole of Tibet since March last year. Therefore, in order
to solicit public opinion as to what future course of action
we should take, the Special Meeting of Tibetan exiles was
convened in November 2008. Efforts were made to collect
suggestions, as far as possible, from the Tibetans in Tibet
as well. The outcome of this whole process was that a
majority of Tibetans strongly supported the continuation of
the Middle-Way policy. Therefore, we are now pursuing this
policy with greater confidence and will continue our efforts
towards achieving a meaningful national regional autonomy for
all Tibetans.
From time immemorial, the Tibetan and Chinese peoples have
been neighbours. In future too, we will have to live
together. Therefore, it is most important for us to co-exist
in friendship with each other.
During the Kuomintang period, and particularly since the
occupation of Tibet, the Communist Chinese have been
publishing distorted propaganda about Tibet and its people.
Consequently, there are, among the Chinese populace, very few
people who have a true understanding about Tibet. It is, in
fact, very difficult for them to find the truth. There are
also ultra-leftist Chinese leaders who have, since last
March, been undertaking a huge propaganda effort with the
intention of setting the Tibetan and Chinese peoples apart
and creating animosity between them. Sadly, as a result, a
negative impression of Tibetans has arisen in the minds of
some of our Chinese brothers and sisters. Therefore, as I
have repeatedly appealed before, I would like once again to
urge out Chinese brothers and sisters not to be swayed by
such propaganda, but, instead, to try to discover the facts
about Tibet impartially, so as to prevent divisions among us.
Tibetans should also continue to work for friendship with the
Chinese people.
Looking back on 50 years in exile, we have witnessed many
ups and downs. However, the fact that the Tibet issue is
alive and the international community is taking growing
interest in it is indeed an achievement. Seen from this
perspective, I have no doubt that the justice of Tibet's
cause will prevail, if we continue to tread the path of truth
and non-violence.
As we commemorate 50 years in exile, it is most important
that we express our deep gratitude to the governments and
peoples of the various host countries in which we live. Not
only do we abide by the laws of these host countries, but we
also conduct ourselves in a way that we become an asset to
these countries. Similarly, in our efforts to realise the
cause of Tibet and uphold its religion and culture, we should
craft our future vision and strategy by learning from our
past experience.
I always say that we should hope for the best, and prepare
for the worst. Whether we look at it from the global
perspective or in the context of events in China, there are
reasons for us to hope for a quick resolution of the issue of
Tibet. However, we must also prepare ourselves well in case
the Tibetan struggle goes on for a long time. For this, we
must focus primarily on the education of our children and the
nurturing of professionals in various fields. We should also
raise awareness about the environment and health, and improve
understanding and practice of non-violent methods among the
general Tibetan population.
I would like to take this opportunity to express my
heartfelt gratitude to the leaders and people of India, as
well as its Central and State Governments, who despite
whatever problems and obstacles they face, have provided
invaluable support and assistance over the past 50 years to
Tibetans in exile. Their kindness and generosity are
immeasurable. I would also like to express my gratitude to
the leaders, governments and people of the international
community, as well as the various Tibet Support Groups, for
their unstinting support.
May all sentient beings live in peace and happiness.
The Dalai Lama,
10 March 2009.
I would also like to quote from the statement put out by the State
Department last night. In part it says ``We urge China to reconsider
its policies in Tibet that have created tensions due to their harmful
impact on Tibetan religion, culture, and livelihoods. We believe that
substantive dialogue with the Dalai Lama's representatives, consistent
with the Dalai Lama's commitment to disclaiming any intention to seek
sovereignty or independence for Tibet, can lead to progress in bringing
about solutions and can help achieve true and lasting stability in
Tibet.''
I am very pleased with the statement from the State Department.
Mr. Speaker, the situation in Tibet challenges the conscience of the
world. If freedom-loving people around the world do not speak out for
human rights in China and Tibet, then we lose moral authority to talk
about it in any other place in the world.
On the 15th anniversary of the Dalai Lama being forced into exile, we
must heed his guidance and his transcendent message of peace, and we
must never forget the people of Tibet in their ongoing struggle.
That is why I urge my colleagues to support this resolution and thank
my colleagues for giving us this opportunity to do so today.
Ms. ROS-LEHTINEN. Mr. Speaker, I am proud to yield 4 minutes to my
good friend from New Jersey (Mr. Smith), the ranking member on the
Subcommittee on Africa and Global Health.
Mr. SMITH of New Jersey. I thank the distinguished gentlelady for
yielding and thank her for her leadership.
I would especially like to thank Tom Lantos, our revered and great
and honorable former chairman of the committee who did pioneering work
on Tibet and really helped bring the Dalai Lama here in the first place
and made that very important connection many, many years ago.
Mr. Speaker, 50 years ago today the Tibetan people rose up against
the tyranny that the Chinese communist party was imposing on it. The
outnumbered Tibetans fought stubbornly but did not succeed in
overthrowing the tyranny. Sadly, the Chinese forces killed over 86,000
Tibetans, and the Dalai Lama had to leave Tibet to lead a government in
exile.
But I think the Tibetans succeeded in doing something else 50 years
ago. They put down a spiritual marker. They decided that, materially
free or not, persecuted or not, the Tibetan people were going to remain
Tibetan and were not going to forsake their religious heritage for the
mess of ideological and atheistic nonsense the communists offered them.
They would preserve their spiritual freedom, even in the Laogai. And
since 1959 every generation of Tibetans have taken up that decision and
reaffirmed it. We cannot speak about 1959 without remembering 2008,
when the Chinese government brutally crushed Tibetans' largely peaceful
marking of the 1959 uprising.
Last year Lodi Gyari, His Holiness' Special Envoy, told me and others
on the Congressional Human Rights Caucus that Tibet had ``become,
particularly, in the last few weeks, in every sense an occupied nation,
brutally occupied by Armed Forces.'' This week, as our distinguished
Speaker of the House just mentioned, the Dalai Lama has described the
situation in Tibet as hell on Earth.
Shockingly and almost laughingly, the Chinese government shot back
today and said Tibet is paradise on Earth. Well, it was, Mr. Speaker.
Now it's paradise lost.
Just as it did in 1959, last year the Chinese government ordered its
soldiers and police to shoot. The death toll is well over 100. We don't
even have any idea how many were wounded, how many were left wounded or
dying in attics and cellars because they knew if they went to a
hospital they would simply disappear into the Chinese Laogai.
As in 1959, last year the Chinese government subjected Tibetans to
mass arrests. They searched whole sections of cities house by house.
Chinese officials admit to over 4,000 arrests. Even today, thousands of
monks are still held under house arrest or lockdown.
Mr. Speaker, in 1995 I chaired a congressional hearing in which we
heard from six survivors of the Laogai. One of them was Palden Gyatso,
a Tibetan monk who spent 24 years in prison. When we invited him to
come and speak, he brought with him some of the instruments of torture
that are routinely employed and used in a horrific manner against men
and women in Chinese concentration camps.
He told us that many people die of starvation. But when he brought
those instruments, he couldn't even bring them past our Capitol Police,
they stopped him. I had to go down to the entrance and escort him
through.
[[Page 7104]]
At the hearing, he held up those electric batons that are used in the
mouth and elsewhere in order to provide electric shocks. And while he
was giving his testimony, he broke down.
He held it up and said this is what went into my mouth, as a Buddhist
monk, and into the mouths of other people, to shock and to deface. He
has trouble swallowing to this day.
He told us about self-tightening handcuffs and held up his wrists and
showed us the scars on his body. Not just on his wrists, but elsewhere
as well. He told us how the guards pierce people with bayonets, and he
also told us that every bit of this was routine and almost mundane.
Yet in the face of this, he and so many others like him persevered,
and the Tibetan people at large continue on, keeping faith, including
their admirable principle of nonviolence.
The SPEAKER pro tempore (Mr. Ross). The time of the gentleman has
expired.
Ms. ROS-LEHTINEN. I would like to yield an additional minute to the
gentleman.
Mr. SMITH of New Jersey. I appreciate that.
They are determined to endure, Mr. Speaker, and to overcome hate with
kindness and benevolence and charity.
Mr. BERMAN. Mr. Speaker, I am pleased to yield 3 minutes to the
gentlelady from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. I thank you, Mr. Chairman, for yielding to me.
Mr. Speaker, as a member of the Human Rights Commission, I am proud
to rise today in support of this resolution on behalf of the people of
Tibet.
I also want to take this opportunity, because I just returned from
the White House, where the President of the United States created a
White House Council on Women and Girls and acknowledged the recent
March 8 passage of International Women's Day.
And while I was there, I am very grateful to you, Mr. Chairman and to
the House of Representatives, for passing the resolution in support of
International Women's Day and would like to take this opportunity to
speak to it for just a couple of minutes.
I want to thank Representative Mary Fallin, the lead Republican
cosponsor and the Republican co-chair of the Women's Caucus, for her
tireless support and work to bring this resolution to the floor. It's
been my pleasure to work with her on this bill, and I am sure it's the
first of many that we will work together through the caucus, where I am
the Democratic co-chair, to advance the goals of women.
Also, I would like to acknowledge the caucus vice-Chairs,
Representative Gwen Moore, Representative Kay Granger, and I am honored
to have this resolution be the first of the must-pass legislative
agenda items to make it to the House floor with such remarkable
bipartisan support.
Each year countries around the world mark March 8 as International
Women's Day, as a day to recognize the contributions and impact that
women have made to our world's history, to recognize those women who
have worked together for gender equality and to acknowledge the work
that is yet to be done. Over the years, women have made significant
strides.
All over the world and throughout history we have, they have
consistently contributed to their economies, participated in their
governments and improved the quality of life of their families and of
their nations.
In 2007 Congresswoman Nancy Pelosi was elected the first woman
Speaker of the U.S. House of Representatives. In 2006 I attended the
inauguration of Michelle Bachelet, the first woman President of Chile,
and visited the Liberian President, Ellen Johnson-Sirleaf, the first
woman president in Africa's history.
In the 111th Congress, we have an all-time high of 74 women in
Congress, a 35 percent increase from just 8 years ago. But women still
only make up about 16 percent of the House of Representatives.
In the U.S., we have made significant strides in education. Women now
graduate from high school at higher rates and earn bachelor's or higher
degrees at greater rates than men.
While American women earn more high school and bachelor's degrees
than men, two-thirds of the 876 million illiterate individuals in the
world are women. Two-thirds of the 125 million school-age children not
attending school worldwide are girls. Girls are less likely to complete
school than boys elsewhere around the globe.
Women are making progress in business and make up 12 percent of the
current CEOs of the Fortune 500 companies, but, still, a long way to
go.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. BERMAN. I would be pleased to yield an additional minute to the
gentlelady.
Ms. SCHAKOWSKY. Globally, women work two-thirds of the world's
working hours and produce half of the world's food, and still we earn
only 1 percent of the world's income and own less than 1 percent of the
world's property.
Of the 300 million people living in poverty, 70 percent are girls and
women. Millions of women and girls are trafficked, physically abused,
sexually abused, or face the threat of violence every day.
{time} 1445
Although Congress passed the PROTECT Act to prevent trafficking in
Iraq, Darfur, Afghanistan and many other places around the world, we
still see that women and girls tend to be the targets of extreme
violence, brutality, and intimidation.
So, Mr. Speaker, it's important that Congress recognize the
importance of March 8. I am so glad that we passed this resolution. I
am grateful to the Congress for recognizing International Women's Day,
which we just celebrated on March 8.
Ms. ROS-LEHTINEN. Mr. Speaker, I'd like to yield 3 minutes to a
member of the Committee on Foreign Affairs--and they are all gentle
people in South Carolina--the gentleman from South Carolina (Mr.
Inglis.)
Mr. INGLIS. I thank the distinguished ranking member for that glowing
recommendation of my great State. We are here today to recognize the
plight of the Tibetan people. Several speakers have already mentioned
incredible stories of the indomitable human spirit.
One story was told to me earlier today by a staff member who was
visiting in China, and tells a story of going to a Tibetan temple
where, during the Cultural Revolution, the people of that town took
their food rations and the grain that would have been food for them and
put it in a temple in order to hide a statue of a Buddha so as to
protect it from desecration by the Chinese Communists. Many of those
townspeople starved to death as a result of giving up those food
rations.
That is a story of the indomitable power of the human conscience and
the tragedy that comes when nations try to defy that basic human right.
So we are here today to celebrate the spirit of the Tibetan people and
to call on the Communist Chinese to give greater political rights and
economic opportunities and respect the dignity of the Tibetan people.
As we consider this resolution right now, the Chinese government has
forbidden foreign journalists and tourists from entering Tibetan areas
under their control. A massive crackdown is underway that involves
beefed-up paramilitary forces deployed throughout the area and a
deliberate disruption of normal cell phone service to prevent reports
from leaking out.
For all practical purposes, as we have heard here earlier today,
Tibet is under an unofficial state of martial law, 50 years after the
Dalai Lama fled into exile. From March 2008 to June 2008, Chinese
officials disclosed that authorities detained more than 4,400 Tibetans
for allegedly rioting, the vast majority of whom are known to have
engaged in peaceful protests.
A Tibetan NGO reported that a total of more than 65,000 Tibetans have
been detained in 2008, and over a thousand of whose whereabouts and
well-being remains unknown, many of whom are monks and nuns.
According to an August 21 report from the Tibetan government-in-
exile, at least 218 Tibetans died between
[[Page 7105]]
March and June of 2008 as a result of the Chinese police using lethal
force against protesters or from severe abuse, including torture while
in detention.
Mr. Speaker, we in this Congress should rise in unanimous support of
the people of Tibet and present a unified force of the Congress and the
Obama administration to unambiguously condemn the Chinese government's
ongoing crackdown in Tibet. We must also convey a clear and consistent
message to Beijing that says this: Progress in talks with the Dalai
Lama and bringing meaningful autonomy and religious freedom to Tibet is
an essential benchmark that China must meet in order to advance
relations with the United States.
I thank the gentlelady for yielding.
Mr. BERMAN. Mr. Speaker, I am pleased to yield 3 minutes to the
chairman of the Human Rights Commission, the gentleman from
Massachusetts (Mr. McGovern).
Mr. McGOVERN. Thank you. Mr. Speaker, I rise today in strong support
of this important resolution, and I want to thank my friend,
Congressman Rush Holt, Speaker Nancy Pelosi, and the chairman and
ranking member of the House Foreign Affairs Committee for their
leadership in the long struggle for freedom, dignity, and human rights
in Tibet.
Mr. Speaker, for six decades the history of Tibet has been marked by
violence. Even before 1949, the People's Liberation Army of China
entered the eastern areas of Tibet during the Long March. In 1959, they
finally occupied the capital of Lhasa.
Fifty years ago, on March 10, the Tibetan people rose up in Lhasa
against Chinese rule. The backlash was furious and brutal. On March 17,
the Dalai Lama fled Lhasa for his own safety, joined by some 80,000
Tibetans, for life in exile. Tens of thousands who remained were kill
or imprisoned.
Thanks to the thriving exile communities in India, Europe, and the
United States, Tibetan cultural identity, language, and religion have
survived. They have focused world attention on the Tibetan struggle.
But each and every year, the situation inside Tibet grows worse, with
more repression, more arrests, more displacement, more deliberate
destruction of the Tibetan language, culture, and religion.
One year ago, new protests rose up in Tibet. They were the result of
greater controls over religious and cultural activity, development that
mainly benefited Chinese migrants, and forced resettlement of farmers
and nomads. Thousands and thousands were arrested. To date, there has
been no full accounting by Chinese authorities of those arrested,
detained, tried, sentenced, or released, and no access to those
detained by the International Committee of the Red Cross or other
international observers, and all the time the Tibetan people daily
become more of a minority in their own land.
Mr. Speaker, as the new cochair of the Tom Lantos Human Rights
Commission, it is humbling to follow in the footsteps of Thomas Lantos.
The Congressional Human Rights Caucus, which he founded, was the very
first to give the Dalai Lama a voice on Capitol Hill in 1987.
On this 50th anniversary, let's be very, very clear that the American
people in this House stand with His Holiness. We will not rest until
meaningful and full autonomy for the Tibetan people is achieved--and
the Dalai Lama and his people can fulfill their dream of returning home
to Tibet.
I thank the chairman of the Foreign Affairs Committee for generously
giving me this time.
Mr. Speaker, I rise today in strong support of this important
resolution, which recognizes the plight of the Tibetan people on the
50th Anniversary of His Holiness the Dalai Lama's exile and calls for a
sustained multilateral effort toward a peaceful solution to the Tibet
issue. I thank my friend Rush Holt, and the distinguished Ranking
Member of the House Committee on Foreign Affairs, as well the Chairman
of the Foreign Affairs Committee, for their leadership on human rights
and for bringing this resolution expeditiously to the floor.
Mr. Speaker, last Friday my friend and distinguished colleague, Frank
Wolf and I were formally reappointed Co-Chairs of the Tom Lantos Human
Rights Commission, the successor body of the Congressional Human Rights
Caucus, which I had the honor to co-chair with Frank Wolf after our
former colleague Tom Lantos passed away.
I mention this because of the historic significance of the
Congressional Human Rights Caucus in getting the voice of the Tibetan
people heard in the United States.
In 1987, it was Congressman Tom Lantos who had invited His Holiness
the Dalai Lama to attend a meeting of the Congressional Human Rights
Caucus as the first official government entity in the United States,
despite stiff opposition from many quarters including the U.S.
Administration to do so. Many were fearful what such an invitation
would do to our bilateral relations with the People's Republic of
China, and the PRC used every conceivable tool to prevent this historic
meeting from happening.
Those voices of those critics in the United States soon fell quiet
after the meeting took place, as the moral authority of his Holiness
and his perstintly peaceful way to fight for meaningful autonomy of the
Tibetan people attracted more and more support and with the American
people and in Congress.
Twenty years later, it was this body that awarded His Holiness the
Congressional Gold Medal in recognition of his life-long dedication to
the causes of peace and non-violent resolution to the Tibet issue.
Mr. Speaker, the history of Tibet has long been marked by violence.
Even before 1949, the People's Liberation Army of China entered the
eastern areas of the traditional Tibetan territory on The Long March.
In 1951, they finally occupied the Tibetan capital of Lhasa.
On this day fifty years ago, the Tibetan people rose up in Lhasa
against Chinese rule, and the backlash was furious and brutal. As a
consequence, His Holiness the Dalai Lama fled Lhasa on March 17, 1959,
for his own safety. He was joined by some 80,000 Tibetans in exile.
Tens of thousands of Tibetans who remained were either killed or
imprisoned.
The human rights situation became so dire that in 1959, 1961 and 1965
(before China became a member of the United Nations), the UN General
Assembly passed resolutions condemning the human rights violations in
Tibet and affirming Tibetans' right to self-determination.
Supported by thriving exile communities in India, the United States,
Europe, Tibetan cultural identity, language and religion has survived
and the world is paying attention to the Tibetan struggle.
In 2002 Congress passed the Tibetan Policy Act, the cornerstone of
U.S. policy toward Tibet. The legislation codified the position of
Special Coordinator for Tibetan Issues in our State Department, to
ensure that U.S. policy promotes a dialogue between the Chinese
government and the representatives of the Dalai Lama, and this Act and
its policies must remain the cornerstone of our policy regarding Tibet
also under this Administration.
The policy of the United States Government has to be to continue
promoting substantive dialogue between the Government of the People's
Republic of China and the Dalai Lama or his representatives to resolve
peacefully the dispute and to allow for the return of the Dalai Lama.
However, the United States cannot stand as a mere neutral facilitator
in this dialogue, when the Chinese government time and time again uses
these proceedings to hold out hope, only to drag out negotiations with
His Holiness without ever making any progress or without ever achieving
any concrete results. All this, while the Tibetan people become a
minority in their own territory because of government-controlled
migration, and the Tibetan culture is further eroded.
We cannot stand by neutrally, when the Chinese government kidnaps a
six-year-old child, Gedhun Choekyi Nyima, whom His Holiness has
recognized as Panchen Lama, and allow the Chinese government to replace
him with a more convenient Panchem Lama of their own choice.
On this 50th anniversary, let's be very clear that the American
people and this Congress will always stand unwaveringly with His
Holiness in this peaceful endeavors, and will not rest until meaningful
and full autonomy for the Tibetan people is achieved, and His Holiness
can fulfill his dream of returning to Tibet.
Mr. Speaker, Tom Lantos' voice has fallen silent, but we cannot let
our voices to fall silent too. We always need to speak out for the
Tibetan people.
[From the Boston Globe, Mar. 10, 2009]
Sad Anniversaries in Tibet
The authorities in Beijing are nervous today, fearful that
remembrance of things past will incite new disorder. They
have good reason: On this date two tragic anniversaries are
commemorated. First, of the massacres
[[Page 7106]]
Chinese troops perpetrated 50 years ago, killing 86,000
Tibetans, to crush a Tibetan revolt against harsh Chinese
rule. And March 10 is also the one-year anniversary of
China's violent crackdown on Tibetans protesting for cultural
and religious freedom.
China's attempts to expunge Tibet's separate identity cast
doubt on Beijing's claim to be a rising power with benign
intentions. There is a whiff of colonialism in China's
treatment of Tibet and Tibetans.
Chinese policymakers are not content to deny Tibet's
distinct identity. They demean the ethical and spiritual
values of Tibetan Buddhism, and they refuse to grant Tibetans
even the limited autonomy proposed by their leader-in-exile,
the Dalai Lama. The core objective of Beijing's Tibet policy
is to submerge the Tibetan population under waves of Han
Chinese migrants who receive special incentives to settle in
Tibetan areas.
Given China's efforts toward a demographic smothering of
Tibetans in their homeland, it is no wonder that Chinese
officials feel compelled to lie, brazenly, about the
temperate program for reconciliation proposed by the Dalai
Lama. In talks last fall with Chinese representatives, the
Dalai Lama's envoys presented 11 proposals for limited
Tibetan autonomy. The Chinese refused to discuss a single one
of the 11 ideas, pretending that all 11 were thinly disguised
demands for independence.
Beijing takes this rigid position--repeating the
transparent falsehood that the Dalai Lama really wants
political independence for Tibet--because Chinese policy is
to make no concessions to the Tibetan government-in-exile and
instead to wait for the spiritual leader of Tibetan Buddhists
to die. The flawed premise of this policy is that Tibetan
resistance to Chinese dominance will evaporate after the
Dalai Lama is gone. But as the clashes last March in Tibetan
regions demonstrated, younger Tibetans are likely to be less
patient, and less devoted to nonviolence, than the Dalai Lama
and his government-in-exile in Dharamsala, India.
China's rulers are fortunate to have the chance to come to
terms with the Dalai Lama on Tibetan autonomy within China.
Few other governments confronting oppressed ethnic or
religious groups have been so lucky.
President Obama should appoint a special envoy for Tibet,
someone who can help China's leaders see that it is in their
own interest to give Tibetans the cultural and religious
autonomy the Dalai Lama has proposed.
Ms. ROS-LEHTINEN. To wrap up our side of the aisle on this important
resolution, I yield such time as he may consume to the co-Chair of the
Tom Lantos Congressional Human Rights Commission, the gentleman from
Virginia (Mr. Wolf).
Mr. WOLF. I want to thank the ranking member and also the chairman
for their leadership on this issue, and also thank Speaker Pelosi for
her comments here today and also for the comments that she made
yesterday.
In August of 1997, I traveled to Tibet, making it known to no one
that I was a Member of Congress. I spoke to Buddhist monks and nuns on
the street and in monasteries who have been brutally tortured in the
infamous Drapchi prison. We drove by the Drapchi prison and they told
us of the torture of pulling out fingernails and everything else, just
simply for professing allegiance to the Dalai Lama.
The Chinese government sends Tibetan children to China for education
to learn Chinese ways. The Chinese government forbids faithful
Buddhists from displaying pictures of the Dalai Lama. There was one
person in a Buddhist monastery who showed me the picture and then put
it away quickly.
What the Chinese government is doing to Tibet is cultural genocide--
and I hope the foreign minister, who's in town today, hears it. It is
cultural genocide--systematically destroying the fabric of the Tibetan
society.
Last March, the Tibetan people took to the streets to protest the
iron-fisted rule of the Chinese government over Tibet; a harsh
crackdown, violent repression, and a year later, 1,200 Tibetans remain
unaccounted for. Where are they? Let's ask the foreign minister when he
goes to the State Department, Where are they?
For over a decade, the United States has asked China for a consulate
in Lhasa, the capital of Tibet, and China has refused. Yet we continue
to allow the Chinese government to build new consulates across the
United States. We should not allow China to build any new consulates in
the United States until China allows the U.S. to build a consulate in
Lhasa, period, end of story.
It is with a heavy heart that we commemorate the Dalai Lama's flight
to Dharmasala. I believe one day we will stand here--and, if this
debate had taken place before, Tom Lantos would be here, whereby people
would give Tom Lantos the credit for leading the effort whereby Tibet
will be, basically--not basically, but Tibet will be free.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H. Res.
226, recognizing the Tibetan People on the anniversary of the Dalai
Lama's exile. As a member of the House Committee on Foreign Affairs I
am pleased to join my colleague Rush Holt in his sponsorship of this
important resolution. As we move to engage the government in Beijing I
would only hope that the United States' foreign policy once again
becomes a policy of peace and goodwill and not a harbinger to
international hostilities.
It is no accident that the first foreign trip of our new Secretary of
State Hillary Clinton, was to Asia. China is integral to the re-
establishment of American foreign policy in Asia. As we engage the
Chinese it is important that we address human rights issues as well.
The Dalai Lama has emerged on the international scene as a force for
human rights around the world. He has exhibited a grace and sense of
compassion throughout the strife that has visited his homeland.
For more than 2,000 years Tibet maintained a sovereign national
identity distinct from the national identity of China. In 1949,
however, Chinese troops invaded and occupied Tibet and have remained
ever since.
According to the State Department and numerous international human
rights organizations, the Chinese government continues to commit
widespread and well-documented human rights abuses in both China and
Tibet. China also has yet to demonstrate its willingness to abide by
internationally accepted norms of freedom of belief, expression, and
association by repealing or amending laws and decrees that restrict
those freedoms. We urge the Chinese government to seek conciliation
with its many different groups, as opposed to employing further
government restrictions.
In addition, while China is a signatory to the International Covenant
on Civil and Political Rights, the United Nations Convention Relating
to Refugees, and the United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, in
practice, the Chinese government has often not followed the treaties.
March 10th marks the 50th anniversary of an uprising against Chinese
rule by the Tibetan people--an uprising that forced the 14th Dalai Lama
into exile in India. On the anniversary last year, Tibetan Buddhist
monks and nuns in and around Lhasa were blocked by Chinese authorities
from staging demonstrations and were met with force by the Chinese
authorities. Protests then spread inside the Tibet Autonomous Region
and other Tibetan areas of China.
Over the years, talks between envoys of the Dalai Lama and
representatives of the Chinese government have failed to achieve any
concrete and substantive results.
This resolution recognizes the Tibetan people for their perseverance
and endurance in face of hardship and adversity in Tibet and for
creating a vibrant and democratic community in exile that sustains the
Tibetan identity.
The measure recognizes the government and people of India for their
generosity toward the Tibetan refugee population for the last 50 years.
It calls upon the Chinese government to respond to the Dalai Lama's
initiatives to find a lasting solution to the Tibetan issue, cease its
repression of the Tibetan people, and to lift immediately the policies
imposed on Tibetans, including patriotic education campaigns, detention
and abuses of those freely expressing political views or relaying news
about local conditions, and limitations on travel and communications.
Finally, Mr. Speaker, the resolution calls upon the administration to
recommit to a sustained effort consistent with the Tibetan Policy Act
of 2002, that employs diplomatic, programmatic, and multilateral
resources to press the Chinese government to respect the Tibetans'
identity and the human rights of the Tibetan people. Mr. Speaker, we
must continue to engage the government in Beijing at all levels and
Tibet must be at the top of the list. Again, I wish to thank my
colleagues for their work on this matter.
Ms. ROS-LEHTINEN. I yield back the balance of my time.
Mr. LEVIN. Mr. Speaker, one year ago, a wave of protests began in
Lhasa and swept across the Tibetan Plateau. In the time since, the
Chinese government has pursued policies that demonstrate a failure to
live up to its commitments to its ethnic minority citizens--commitments
that are well-documented and unmistakable. Chinese law includes
protections
[[Page 7107]]
for the distinctive culture, language and identity of ethnic minority
citizens. China's Regional Ethnic Autonomy Law, for example, guarantees
ethnic minorities the ``right to administer their internal affairs.''
Specifically, the term ``regional ethnic autonomy,'' as the law itself
defines it, ``reflects the state's full respect for ethnic minorities'
right to administer their internal affairs.'' Over the past year, the
actions of the Chinese government have reflected neither ``the state's
full respect'' of ethnic minority rights, nor of human rights standards
recognized in both Chinese and international law.
On January 19, 2009, the People's Congress of the Tibet Autonomous
Region established a new holiday called ``Serfs'' Emancipation Day.''
As the Congressional-Executive Commission on China has reported, this
new holiday commemorates the March 28, 1959, Chinese government decree
that dissolved the Dalai Lama's Lhasa-based Tibetan government. The
Chairman of the Standing Committee of the Tibet Autonomous Region
People's Congress said the new holiday would ``strengthen Tibetans'
patriotism.'' He also said that officials had met to ``ensure that all
people mark the occasion with festivities.'' Chinese officials have
required Tibetans to celebrate the end of the Dalai Lama's government,
and, by implication, his departure from Tibet fifty years ago. This is
how the Chinese government demonstrates its commitment to ``the state's
full respect for ethnic minorities' right to administer their internal
affairs.''
For the last several weeks, international media organizations have
reported that Chinese authorities have been closing Tibetan areas to
foreign reporters and travelers. Last month, China's Central Propaganda
Bureau and State Ethnic Affairs Commission publicized a document titled
``An Outline Concerning Propaganda Education on the Party and State's
Ethnic Policy.'' As the Congressional-Executive Commission on China has
reported, this document calls for resisting ``international hostile
forces raising the banner of such things as `ethnicity,' `religion,'
and `human rights' to carry out westernization and separatist
activities toward our country.'' Let us be absolutely clear: Tibetan
grievances exist not as a result of foreign influence. Tibetan
grievances exist for one reason and one reason only: in spite of what
the Chinese government has written in its laws, in practice it has
created an ethnic autonomy system that denies fundamental rights to
ethnic minorities. This could not be clearer than it has become over
the last year.
The time for change is now. I repeat today what I stated in this
chamber nearly one year ago: protest activity that results in the
destruction of property or death of anyone, whether Tibetan or non-
Tibetan, is unacceptable in any context. But the harshness with which
the Chinese government has handled affairs over the last year across
the Tibetan plateau and in other ethnic minority regions of China--
harshness that Chinese officials have sought to justify as being
necessary to preserve stability--has revealed instead a level of
hostility toward China's ethnic minority citizens not seen in decades,
and has heightened fears for Tibetans, Uyghurs, and other ethnic
minority peoples in China.
The Congressional-Executive Commission on China has tracked policies
that undercut protections for ethnic minority languages that are
stipulated in Chinese law. Measures to promote Mandarin-focused
``bilingual'' education in schools in the Xinjiang Uyghur Autonomous
Region, for example, have resulted in language requirements that
disadvantage ethnic minority teachers. These and other job hiring and
labor practices are part of a broader set of policies that restrict
ethnic minority rights, and that illustrate the Chinese government's
failure to abide by commitments as set forth in China's own
Constitution and laws. Article 4 of the Chinese Constitution and
Article 9 of China's Regional Ethnic Autonomy Law, for example, both
forbid discrimination based on ethnicity. Article 12 of China's Labor
Law and Article 3 of China's new Employment Promotion Law state that
job applicants shall not face discrimination in job hiring based on
factors including ethnicity, and Article 28 of China's new Employment
Contract Law states that all ethnicities enjoy equal labor rights.
The Chinese government seems to protect some aspects of ethnic
minority rights in communities that are not perceived to challenge
state policies. But shortcomings in both the substance and the
implementation of Chinese policies toward ethnic minorities prevent
ethnic minority citizens from fully enjoying the rights that the
Chinese government itself plainly and openly has said are guaranteed
under China's own laws, and under international legal standards. A wide
range of public policy areas today present challenges that are pressing
and real, but concerns in other policy areas do not eclipse the Chinese
government's abuses of law and its ongoing violations of the
fundamental rights of Tibetans, Uyghurs and other ethnic minority
citizens of China, and of Han Chinese citizens as well.
I would urge all of my colleagues to take full advantage of the
resources available to the public on the web site of the Congressional-
Executive Commission on China--www.cecc.gov--and to make use of the
Commission's analysis of developments as they unfold in Tibetan areas,
and across China. The Commission monitors and reports continuously on
human rights and the rule of law in China, and I encourage all to check
the Commission's web site regularly for updates, to subscribe to the
on-line newsletter, and to rely on the Commission's published reports
to keep up with developments in China.
Finally, the resolution of Tibetan grievances can occur only with
direct talks between the Chinese government and the Dalai Lama. As
China plays an increasingly important role in the international
community, other countries will appropriately assess China's
fulfillment of the commitments it has made in both Chinese and
international law, including legal and constitutional commitments to
ethnic minorities. The international spotlight remains on China. We
hope that the Chinese government will welcome such attention with a
full commitment to openness, and to the implementation of basic human
rights.
Mr. BERMAN. Mr. Speaker, I yield back the balance of my time, and
urge a ``yea'' vote.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Berman) that the House suspend the rules
and agree to the resolution, H. Res. 226.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BERMAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on motions to suspend the rules previously postponed. Votes
will be taken in the following order:
H. Con. Res. 64, by the yeas and nays;
House Resolution 125, by the yeas and nays;
House Resolution 226, by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
____________________
YEAR OF THE MILITARY FAMILY
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the concurrent resolution, H.
Con. Res. 64, on which the yeas and nays were ordered.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Skelton) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 64.
The vote was taken by electronic device, and there were--yeas 422,
nays 0, not voting 9, as follows:
[Roll No. 119]
YEAS--422
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
[[Page 7108]]
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--9
Alexander
Braley (IA)
Bright
Hall (NY)
Kosmas
Miller, Gary
Radanovich
Stark
Westmoreland
{time} 1522
Messrs. MANZULLO and KIRK changed their vote from ``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the concurrent resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. BRALEY of Iowa. Mr. Speaker, on rollcall No. 119, I was
unavoidably detained. Had I been present, I would have voted ``yea.''
____________________
CALLING FOR RETURN OF SEAN GOLDMAN
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 125,
as amended, on which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Berman) that the House suspend the rules
and agree to the resolution, H. Res. 125, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 418,
nays 0, not voting 13, as follows:
[Roll No. 120]
YEAS--418
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Akin
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paul
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
[[Page 7109]]
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--13
Alexander
Boehner
Bonner
Bright
Butterfield
Ellison
Hall (NY)
Hoyer
Kosmas
Lofgren, Zoe
Miller, Gary
Radanovich
Stark
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1530
So (two-thirds being in the affirmative) the rules were suspended and
the resolution, as amended, was agreed to.
The result of the vote was announced as above recorded.
The title was amended so as to read: ``Calling on Brazil in
accordance with its obligations under the 1980 Hague Convention on the
Civil Aspects of International Child Abduction to obtain, as a matter
of extreme urgency, the return of Sean Goldman to his father David
Goldman in the United States; urging the governments of all countries
that are partners with the United States to the Hague Convention to
fulfill their obligations to return abducted children to the United
States; and recommending that all other nations, including Japan, that
have unresolved international child abduction cases join the Hague
Convention and establish procedures to promptly and equitably address
the tragedy of international child abductions.''.
A motion to reconsider was laid on the table.
Stated for:
Mr. BOEHNER. Mr. Speaker, on rollcall No. 120, I was unavoidably
detained. Had I been present, I would have voted ``yea.''
____________________
RECOGNIZING PLIGHT OF TIBETAN PEOPLE ON 50TH ANNIVERSARY OF THE DALAI
LAMA'S EXILE
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 226,
on which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Berman) that the House suspend the rules
and agree to the resolution, H. Res. 226.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 422,
nays 1, not voting 9, as follows:
[Roll No. 121]
YEAS--422
Abercrombie
Aderholt
Adler (NJ)
Akin
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Engel
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Manzullo
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pelosi
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis (CO)
Pomeroy
Posey
Price (GA)
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Westmoreland
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--1
Paul
NOT VOTING--9
Ackerman
Alexander
Bright
Hall (NY)
Kosmas
Miller, Gary
Moore (KS)
Radanovich
Stark
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Adler of New Jersey) (during the vote).
Two minutes remain in the vote.
{time} 1538
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
[[Page 7110]]
____________________
OMNIBUS PUBLIC LANDS MANAGEMENT ACT
(Mr. Lujan asked and was given permission to address the House for 1
minute.)
Mr. LUJAN. Mr. Speaker, I know we came very close to passing the
Public Lands Omnibus bill this morning, and I rise to urge this
Congress to move forward with this bill and its important goals.
America's vast landscapes are a big part of what make our country
beautiful and unique. Congress has an historic opportunity to protect
these beautiful landscapes and the natural resources associated with
them by passing the Omnibus Public Lands Management Act of 2009.
Since the day that President Theodore Roosevelt founded Yellowstone
National Park, the Federal Government's responsibility to preserve and
protect natural lands has not been a Democratic or Republican priority,
it has been an American priority.
The Omnibus Public Lands Management Act will benefit all of us. It
allows for the preservation of historic sites, forest lands and
wildlife habitats across the Nation, the assessment of land and natural
resources, and preserves access for hunters and sportsmen.
This important bill represents years of work by Members of the House
and Senate from many States and from both parties, including two
Senators from my home State, Senator Jeff Bingaman and my predecessor,
Senator Tom Udall, in cooperation with local communities.
It is important that we join together to protect and enhance the
natural, cultural and historical resources which are integral to the
identity of America.
____________________
HONORING SAM HOGLE
(Mr. GINGREY of Georgia asked and was given permission to address the
House for 1 minute.)
Mr. GINGREY of Georgia. Mr. Speaker, I rise to recognize one of my
constituents, Sam Hogle from Marietta, Georgia, for achieving the
highest honor for a Boy Scout, the rank of Eagle Scout.
As a Boy Scout myself, I know that achieving this rank is a
significant moment in the life of any young man. However, in Sam's
case, the accomplishment is even more inspiring because Sam was born
blind. This circumstance could have added a significant obstacle to his
goal of becoming an Eagle Scout. However, Sam would not let it get in
his way, calling his blindness an inconvenience, but not a disability
that could keep him from achieving his dream.
Armed with this positive attitude and incredible determination, Sam
has become an excellent student, an Eagle Scout, and an asset to his
community.
Sam's Eagle Scout project shows exactly what kind of young man he is.
For his project, Sam planned, raised the funds, and led a campout for
visually impaired boys. He wanted these boys to learn that they could
also enjoy the outdoors and experience the same kind of fun and
learning that he has by being a Boy Scout.
For many of these middle school boys, it is their first campout.
Sam's campout was extremely successful. The boys had a wonderful,
wonderful time. I ask my colleagues to join me in congratulating Sam
Hogle on achieving the rank of Eagle Scout.
____________________
HONORING GEORGE W. ``BOB'' GILL
(Mr. KLEIN of Florida asked and was given permission to address the
House for 1 minute.)
Mr. KLEIN of Florida. Mr. Speaker, I rise today to honor the life of
George W. ``Bob'' Gill, an extraordinary resident of my congressional
district who helped build Fort Lauderdale into the world-renowned
tourism destination it is today.
Tourism is the economic engine of south Florida, and Mr. Gill was a
pioneer in the field. After opening six area hotels over 60 years, he
even earned the nickname ``the Dean of Fort Lauderdale tourism.'' Mr.
Gill had a knack for marketing and a sharp business sense. His ideas
helped to bring vacationing northerners to enjoy Fort Lauderdale's
beautiful beaches. He created some of the most iconic hotels in south
Florida, including the Yankee Clipper and the Jolly Roger, the first
hotels in the area to offer air-conditioning way back in 1952.
Mr. Speaker, Mr. Gill lived a long and rich life, passing away last
week at the age of 93. Our thoughts and prayers are with his daughter
Linda and all the friends and family that Mr. Gill left behind. He left
an enduring legacy on south Florida, and Mr. Gill will be missed.
____________________
SALVADORAN PRESIDENTIAL ELECTIONS
(Mr. FRANKS of Arizona asked and was given permission to address the
House for 1 minute.)
Mr. FRANKS of Arizona. Mr. Speaker, the Salvadoran presidential
elections will be held on March 15. If the FMLN wins the election, it
would be devastating for the people of El Salvador as well as for the
relationship between our two countries.
FMLN party leadership is expected to follow the anti-U.S. agenda of
Venezuela's radical president, Hugo Chavez, and join Cuba in a pro-
Chavez, pro-Cuba, pro-Iran axis.
Moreover, Mr. Speaker, the FMLN is a pro-terrorist party with direct
ties to sponsors of terror. After the 9/11 attacks, they marched in
their capital city to celebrate the attack by al Qaeda, and they burned
the American flag. The leader of that march was Salvador Sanchez Ceren,
who is now the FMLN's candidate for vice president.
Mr. Speaker, should the pro-terrorist FMLN party replace the current
government in El Salvador, the United States, in the interest of
national security, would be required to re-evaluate our policy toward
El Salvador, including cash remittance and immigration policies, to
compensate for the fact there will no longer be a reliable counterpart
in the Salvadoran government.
It is my hope that the El Salvadoran people continue the history of a
positive relationship between our two countries and ensure that they
elect pro-freedom, pro-peace, life-loving officials to their
government.
____________________
PROBLEMS IN CENTRAL AMERICA
(Mr. BURTON of Indiana asked and was given permission to address the
House for 1 minute.)
Mr. BURTON of Indiana. I would like to follow up on what my colleague
said. There is a real problem down in Central America. We have a
communist government in Nicaragua controlled by the Ortegas. We have in
Venezuela Mr. Chavez. And we also have other countries down there, like
Bolivia with Mr. Morales that are moving to the left. If El Salvador
moves to the left like that, I think it is going to be very bad for not
only that part of the world but the entire hemisphere.
But I would like to point out one thing. If I were talking to the
people of El Salvador, they get $4 billion a year in money coming from
the United States into their country to help the people who live down
there. That money, in my opinion, will be cut dramatically if they
elect a leftist government. Those moneys coming from here to there I am
confident will be cut, and I hope that the people of El Salvador are
aware of that because it will have a tremendous impact on individuals
and their economy.
____________________
{time} 1545
SPECIAL ORDERS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 6, 2009, and under a previous order of the House, the following
Members will be recognized for 5 minutes each.
____________________
INTERNATIONAL WOMEN'S DAY
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
Ms. WOOLSEY. Mr. Speaker, earlier this month, men, women and children
came together to celebrate International Women's Day. Since 1909,
government civic groups and local communities have taken time to
reflect on the
[[Page 7111]]
role of women and the unique challenges that we face.
This year, the women of Iraq find themselves still facing hard odds,
great odds, even with the decline in violence. Many women still are
displaced from their homes, from their employment, and their
communities. Their children still lack the basic necessities of clean
water, electricity, health care, and access to education. Every day is
an act of heroism for those women.
All too often, the role of women is ignored or undervalued.
Fortunately, our new Secretary of State, Hillary Rodham Clinton, has
placed a high priority on women's participation at all levels of
decision-making. The Secretary has selected eight outstanding women to
be honored as recipients of the International Women of Courage Award.
This is the only award within the Department of State that pays tribute
to outstanding women leaders worldwide. It recognizes the courage and
leadership shown as they struggle for social justice and for human
rights.
One of these women is an exceptional Iraqi woman, Suaad Allami. Ms.
Allami is a prominent lawyer who fights against the erosion of women's
rights and defends the most disadvantaged. She founded the NGO Women
for Progress and the Sadr City Women's Center, which offers free
medical care, literacy education, vocational training, and legislative
advocacy. Few of us, Mr. Speaker, can imagine the indescribable
challenges of women in her position.
U.S. diplomatic and military officials have lauded her for many
things, including her bravery. And they always point to her work
outside the Green Zone. The State Department actually pointed to one
shining example of her work: When Ms. Allami learned about the extent
of alleged human rights abuses at Kadhamiya Women's Prison, she boldly
conducted an unannounced inspection, CNN crew in tow, without regard
for the potential for backlash against herself. The Minister for Human
Rights shut the prison down 2 months later.
I am pleased that the State Department and Secretary Clinton singled
out Ms. Allami for her work. My only wish is that more women, whose
bravery occurs every single day, hour by hour, through their acts of
courage and just living in Iraq, would receive the same recognition.
The women of Iraq have shown amazing strength and courage. I hope
that with the redeployment of our troops and military contractors, all
Iraqis will have the hope and security of a prosperous new future.
____________________
BORDER WAR CONTINUES
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE of Texas. Mr. Speaker, I bring you news from the second
front; that is, the border between the United States and Mexico.
This past weekend, I was the guest of two of our border sheriffs in
Texas, Sheriff Oscar Carrillo from Culberson County, Texas, and Sheriff
Arvin West from Hudspeth County, Texas. These two massive counties are
the size of the States of Connecticut and Rhode Island put together.
They are the two counties just east of El Paso County.
I was there to see the situation on the Texas-Mexico border firsthand
by the people who help protect the border, and that is the border
sheriffs, along with the Border Patrol. Smugglers that are coming
across from Mexico, bringing in drugs, are relentless in their endeavor
to bring narcotics into the United States.
The cross-border travelers that are captured in these two counties,
most of the people in the county jails, are these foreign nationals
bringing drugs or committing other crimes. Let me make this clear: Most
of the people in these two county jails are foreigners that have
committed felonies or misdemeanors in the United States. In fact, Arvin
West told me that if he didn't have cross-border travelers in his
county jail, he wouldn't need a jail, except one cell for one person.
There are over 500 people in the county jails that are foreign
nationals. So that's how bad the problem is continuing to be.
The drug cartel are smugglers, Mr. Speaker. They smuggle into the
United States not only drugs, but people. It is all intertwined. And
all because of money, they are bringing those individuals and those
drugs into the country. But also, they smuggle back to Mexico two
commodities, and the two commodities they smuggle are guns and money.
They are in the smuggling business. They are very well organized.
Sara Carter, from the Washington Times, reports that the drug cartels
have in their employment over 100,000 foot soldiers; that's just a
little bit less than the entire Mexican Army. They have better
vehicles, they have better weaponry, and they have a whole lot more
money than our border protectors do on this side. They have gotten so
sophisticated now that they don't let any drugs come into the United
States unless they're tracked by GPS devices.
The drug runners are committed--it's almost a religion to them--to
bring drugs into the United States. Let me give you an example of that.
I understand now, after being down on the border, the sheriffs were
telling me that the drug runners pray to a narco saint--that's right--
Jesus Malverde. He was an individual that died in 1909. He was supposed
to be a Mexican national that helped the poor, et cetera. But now there
are shrines in different parts of Mexico where these drug runners in
the drug cartels pray to this individual for safety in crossing the
border into the United States so they can bring drugs. He's supposed to
be the patron saint of travelers--I thought it was St. Christopher. But
be that as it may, it shows how relentless these people are. Now, just
to clarify, the Catholic Church says Jesus Malverde is not a saint, has
never been, and never will be. But it shows you that it is a religion
to these people to bring drugs and other people into the country.
But there is also good news from the border. The border county
sheriffs, the 20 county sheriffs in Texas, have put up cameras along
the border, and those cameras are tied to the Internet. And so a person
can log on to a Web site called blueservo.net, and they can actually
see these cameras and they can track people coming into the United
States. They have had over 43,000 people log in just since this thing
started a few weeks ago, and they are as far away as Australia. An
Australian was watching it, and he sent an e-mail to the head of this
association and said, hey mate, we've been watching your border from
Australia and trying to help out you guys.
So, what is occurring is, if somebody sees traffic--drug smugglers,
illegals, whatever--coming into the United States, they have a Web
site, an e-mail, and they can e-mail the border sheriff in that county,
and either the sheriffs or the Border Patrol goes out and arrests the
bad guys coming into the country. Just as this has started, four major
drug busts have occurred, and 30 incidents where illegal crossers were
coming in were repelled and they went back across the border. Of course
the cynics in the open-border crowd are against this; they're against
anything that seems to work.
I want to commend the Border Sheriffs Coalition, the 20 of them,
especially Oscar Carrillo, Arvin West and Sigi Gonzalez, because they
are doing a job that is a thankless job, but it is important to protect
the integrity of the United States.
And what we need to do is to help them by putting more people, more
boots on the ground, more Border Patrol, more sheriff's deputies, and
even the National Guard, if necessary, to help them.
I would like to insert into the Record the 20 border sheriffs in
Texas that are protecting the border.
And that's just the way it is.
Texas Border Sheriffs Coalition
Brewster County--Ronny Dodson
Cameron County--Omar Lucio
Culberson County--Oscar Carrillo
Dimmit County--Joel Gonzales
El Paso County--Richard Wiles
Hidalgo County--Guadalupe Trevino
Hudspeth County--Arvin West
Jeff Davis County--Thomas Roberts
Kinney County--Leland Burgess
Maverick County--Thomas Herrera
[[Page 7112]]
Pecos County--Cliff Harris
Presidio County--Danny Dominguez
Starr County--Rene Fuentes
Terrell County--Clint McDonald
Val Verde County--Joe Martinez
Webb County--Martin Cuellar
Zapata County--Sigifredo Gonzalez
Zavala County--Eusevio Salinas
Willacy County--Larry Spence
Jim Hogg County--Erasmo Alarcon
____________________
WHERE IS THE TARP MONEY GOING?
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Indiana (Mr. Burton) is recognized for 5 minutes.
Mr. BURTON of Indiana. Mr. Speaker, the people of this country last
year saw us appropriate $700 billion for what they called TARP. And
that money was supposed to be used to help out financial institutions
that were in difficult trouble. It was also supposed to help out with
the home problem, the houses that were being foreclosed on. And those
of us in Congress that didn't support it said we didn't support it
because there was no plan. We didn't know where the money was going to
be spent.
So today we had a hearing on this. And during that hearing we asked
questions about where the money was allocated and who got it and what
they did with it. And we found out some very interesting things. Eight
billion dollars was loaned from the TARP money to Citigroup--they got a
lot more than that, I think they got about $35 or $40 billion--but
Citigroup loaned $8 billion from the TARP funds to Dubai. Dubai is one
of the wealthiest countries in the world, and their public sector
borrowed $8 billion from Citigroup, here in the United States, that had
just gotten about $30 or $40 billion from the taxpayers in the TARP
funds. And that just made my hair stand on end. Why would the taxpayers
in this country want to give money to Citigroup and then have them turn
right around and loan it to Dubai, halfway around the world, which is a
very wealthy country? One billion dollars was invested by the J.P.
Morgan Treasury Services in development of cash management and trade
finance solutions in India. There's another billion, another thousand
million dollars, that J.P. Morgan took from the American taxpayer in
the TARP funds and then loaned it to an organization called Trade
Finance Solutions in India.
And then $7 billion was invested by the Bank of America in the China
Construction Bank Corporation. Now, China has quite a bit of our money
already and quite a bit of our business, and I don't know why in the
world American taxpayers should be having their money that is given to
the Bank of America to keep them afloat to be given or loaned to the
China Construction Bank Corporation. It just doesn't make any sense to
me.
{time} 1600
We had $700 billion that was put into the TARP fund. Of the $700
billion, there are only about eight or nine places that we know where
the money went. There are another 297 places that are unaccounted for.
We had a hearing today to try to find out where the money went and what
it went for, and we couldn't find it, but we know that there are 297
areas where we don't have any idea what the money was used for or where
it went.
In addition to that, we had other expenses or places where we put our
money. We put $14 billion into the auto bailout, and there's going to
be another $30 billion in that before this is over; $780 billion, I
believe it was, that went into the account that was supposed to
stimulate the economy, the stimulus bill, and that is almost another
trillion dollars. We passed a $410 billion supplemental yesterday, and
we're going to pass a $3.6 trillion budget before too long that's going
to include 660 some billion dollars for a new socialized national
health care program.
The reason I bring all this up, my colleagues, is because I think the
American people and my colleagues ought to know that we are spending
trillions of dollars of taxpayers' money, and in many, many cases we
don't have a clue where it went. And I think that this government and
this administration and the Congress should demand, demand, that the
TARP funds and all the other funds that are being expended by the
taxpayer to take care of these financial institutions to keep our
economy above water and to help bail out homeowners who are losing
their homes ought to be accounted for. Most of that money so far, as
far as I can tell, isn't doing anything to stimulate economic growth or
to help the homeowners or the financial institutions to solve this
problem.
And in addition to that, the Secretary of the Treasury, Mr. Geithner,
said that they're going to have to put another $2 to $3 trillion into
the financial institutions to keep them buoyed up and survivable.
Now, just add all that together in your mind and you're looking at $5
or $6 or $7 trillion, and that money is not there. We're going to have
to print it. It's going to be passed on to our kids in the form of tax
increases or inflation. We need to have an accounting.
____________________
OUR HEALTH CARE FINANCING SYSTEM
The SPEAKER pro tempore (Mr. Driehaus). Under a previous order of the
House, the gentleman from Georgia (Mr. Broun) is recognized for 5
minutes.
Mr. BROUN of Georgia. Mr. Speaker, our health care financing system
in America is broken. We have the best health care system in the world,
but the financing system is going to degrade, and it's going to wreck
the quality of health care if we don't do something about it.
I come before you this evening and talk about this issue that is of
vital importance to everyone in this body and every American, and that
is health care.
The new administration has stated that health care reform is going to
be their main priority for the rest of the year, and I applaud the
administration for undertaking this ambitious endeavor to finally
reform this broken system of health care financing.
Our current health care system, with a reliance on third-party, or
employer-provided, insurance, is a relic of World War II. As time
marches on, we are finding that individual patients, which should be
the primary concern of any health care system, are being relegated to
the back seat in the decision-making process, leaving it up to their
physicians to try to obtain payment from insurance providers, with
varying degrees of success. In fact, insurance bureaucrats, both
government and private, are currently making health care decisions and
are already rationing health care, and these folks are not even
medically trained.
Instead, if true health care reform is to be at all successful, we
must refocus our efforts on putting patients front and center in all
decisions that relate to their health. The patient and the physician
should be deciding the best course of action as it relates to the
patient, just as the patient should be the main arbiter with their
insurance provider. Once people are finally allowed to assume
responsibility for their own medical well-being, they will be able to
demand upfront an explanation of charges for potential tests and
procedures. Only in a fully patient-centered system can we bring the
market forces of accountability and transparency into the health care
system that exists in other areas of our economy.
I envision a way in which we can build a vibrant health care system
in our country, where physicians are free to practice medicine without
the massive government burdens that our current health care system
weighs them down with. Our new system will still have a vital place for
a third-party payment structure to cover extraordinary or even
catastrophic procedures. But the basic tenet must be simple and
straightforward: The patient must always come first, and the patient
must ultimately be responsible for their own health care well-being.
The task set before us is enormous, but it is attainable. Failure is
not an option, but a fate worse than failure for the future of our
country and its people is absolutely making the wrong choice.
I cannot stress this enough. Our country's health care system must
not
[[Page 7113]]
follow the ill-advised example of other western countries, specifically
France, England, and Sweden, with an utter reliance on the government
to provide health care for every individual. This is socialism in its
most basic form and is directly responsible for burdening these
countries with such massive financial obligations that the only
remedies are radical changes and cuts or bankruptcy. Not to mention
that the standard of care that these countries provide is an inferior
one.
True, our current health care system is rapidly going bankrupt and
bankrupting every American in the process. But we spend 2\1/2\ times
more money than any other country in the world right now. Just imagine
how much we'll spend if we follow Europe's lead and totally socialize
our health care system.
So we must not follow their reckless example as we work to change our
own health care financing. But we must not waver either in the face of
this enormous task set before us. And make no mistake about its
enormity.
I have never encountered a problem, except for national defense,
where a solution from the government has turned out better than a
solution from the private sector. That said, we should not stand for
trading in government bureaucrats for insurance company bureaucrats. I
cannot stress this enough: The ultimate decisions must be in the hands
of every individual patient. Physicians should be in charge of
explaining the benefits and risks of each and every test and procedure
to the patients, and the patient will decide how to proceed. When
necessary, the patient will consult with their insurance provider,
seeking guidance about extraordinary procedures or hospital stays or
whatever is required.
We must take steps to change our health care system, but socialism is
not the answer. Let's work together to find solutions that are patient-
focused and not government-focused.
____________________
THE $10 BILLION LANDS BILL: ANOTHER BIG GOVERNMENT BOONDOGGLE
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Tennessee (Mr. Duncan) is recognized for 5 minutes.
Mr. DUNCAN. Mr. Speaker, today the House, unfortunately, voted
overwhelmingly in favor of the Senate lands bill, a $10 billion bill
that we simply cannot afford. Fortunately, it did not pass with the
required two-thirds vote necessary for passage under suspension of the
rules. However, all this really means is that it will now be taken up
under regular order, where it should have been in the first place and
which requires only a majority vote. Thus there is no question this
bill will pass the next time it's taken up.
But I hope more people across this land will start thinking about
what we are doing to ourselves. I realize that since we are now
throwing around trillions, spending money like never before, that maybe
people don't really think that $10 billion sounds like that much
anymore. But to anyone who stops to think about it, $10 billion is
still an awful lot of money, and it becomes even more when you realize
that we are having to borrow all this money we're spending since we
surely don't have surplus cash, and we are now 12 trillion 104 billion
dollars in debt at the Federal level. I realize that 12 trillion 104
billion is an incomprehensible figure. But what it really means is that
we will soon not be able to pay all of our Social Security and
veterans' pensions and all the other things we promised our own people
with money that will buy anything.
I used to say what we were doing to our children and grandchildren
was terrible. But now I believe that tough economic times, already here
for many, are going to come for almost everyone in the next 10 or 15
years, if not sooner.
When a family gets deeply, head-over-heels in debt, it gets in even
worse trouble if it goes out and greatly increases its spending even
more. That is exactly the situation our Federal Government is in today,
living way beyond its means.
This lands bill is a combination of 170 bills, which cost $10 billion
in total. In addition to that, it is a luxury that we do not need and
which will be very harmful in the long run. We already are having
trouble funding and taking care of the Federal lands we have now. The
National Park Service claims it has a $9 billion backlog on things it
needs to do in our 379 national park units. It sounds great for a
politician to create a park, but we now have so many parks at the
Federal, State, and local levels that we cannot even come close to
getting adequate use of them unless all of our people suddenly find a
way to go on permanent vacations.
Another problem that few people think about is that we keep creating
so many local and State parks, and expanding others, especially at the
Federal level, that we are taking way too much land off the tax rolls.
We keep decreasing private property at the same time the schools and
all the other government agencies keep coming to us telling us they
need more money.
These 170 bills, combined into one bill, create 2 million acres of
new wilderness, 330,000 acres of national conservation areas, and
restrict energy development on millions of acres.
The U.S. Chamber of Commerce says this bill ``substantially hampers
energy development and private property rights by withdrawing millions
of acres of land from oil and gas exploration . . . shackling U.S.
energy exploration and development at this critical time would
substantially jeopardize America's already fragile economy.''
It's going to drive up prices, utility bills, Mr. Speaker, and it's
going to destroy jobs.
The Federal Government today owns about 30 percent of the land of
this Nation. It has 84 million acres in the National Park System. It
has 150 million acres in the Wildlife Refuge System. It has 193 million
acres in the National Forest System. I could go on and on with other
Federal lands, but it's not necessary.
Then State and local governments and quasi-governmental agencies
control another 20 percent of the land. Half the land is now already in
some type of public ownership now.
On top of all this, there are now 1,667 land trusts and 1,400
conservancy groups at least. These are figures from 2 years ago; so
there may be more now. USA Today, which published these figures, said
that these private trusts and conservancy groups control about 40
million acres and that they're taking over an average of more than 2\1/
2\ million more each year. These lands are eventually sold or turned
over to the government at great cost to the taxpayer and causing
further increases in taxes on the property that remains in private
hands. Then we're putting more and more restrictions or limitations on
the private property that can be developed, thus driving up the cost of
homes to astronomical levels in many areas.
Mr. Speaker, we are slowly but surely doing away with private
property in this country. If we don't wake up and realize that private
property is one of the keys to both our prosperity and our freedom, we
are going to really cause serious problems for everyone except for the
very wealthy.
____________________
ANNIVERSARY OF THE 1937 NATURAL GAS TRAGEDY OF NEW LONDON, TEXAS
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Gohmert) is recognized for 5 minutes.
Mr. GOHMERT. Mr. Speaker, March 18 will mark the 72nd anniversary of
what freshly graduated newscaster Walter Cronkite called the ``worst
school disaster in American history.'' I stand before the House today
to commemorate those students and educators who so tragically lost
their lives that afternoon as well as to encourage the survivors.
The 1930s saw many families in East Texas with hope as they fought to
regain what had been lost in so many parts of the country during the
Great Depression.
{time} 1615
With the discovery of oil in northern Rusk County, the City of New
London, Texas, boasted one of the richest rural
[[Page 7114]]
school districts in America. They had just built a state-of-the-art
school that would make any school district envious.
But at approximately 3:18 p.m. on March 18, 1937, many of those same
families would lose forever the promise of youth while east Texans and
people around the world would bear the pain of losing a community's
entire generation.
It was on that date, at that time, the New London school did become
the site of the worst school disaster in American history. In those
days, natural gas had no odor. That odorless gas started leaking from a
tap line and accumulated in the massive crawl space beneath the school
building.
In an instant, a spark from a sanding machine in the basement ignited
the gas, creating an explosion heard miles away. Witnesses said the
building was lifted into the air.
When it came crashing down, its victims were buried in a mass of
steel, concrete, brick and debris. Frantic parents, neighbors, oil-
field roughnecks, and volunteers around the State ranging from Boy
Scouts to Texas Rangers converged on the devastating scene. Many dug
with nothing but their bare hands.
Men, women and children worked all through the night battling rain,
fatigue and unimaginable grief. They worked to reach those buried
underneath the mountain of twisted metal. Within 17 hours, all of the
debris had been heroically removed, and all victims had been located.
A cenotaph, a tall monument, stands silently in New London across
from the disaster site bearing the names of the 296 students, teachers
and visitors who instantly lost their lives. The subsequent death count
from injuries sustained that day brought the final count to 311.
Within weeks, the Texas legislature passed a law requiring that an
odor be added to natural gas. That practice quickly spread worldwide,
saving countless lives in the aftermath of that devastating loss. Now
the odor added to natural gas is unmistakable and allows anyone to know
instantly there is a leak requiring caution and repair.
This weekend we will have a formal observance, and it will be my
honor to be with those amazing people of New London, Texas. We will pay
tribute to those hundreds of young lives whose faces were full of hope
and promise one moment, yet left lifeless moments later.
We will also honor those who heroically fought to rescue the victims,
while we lend sympathy to those who bore the burden of tragic loss. We
also honor those who have survived that day when their lives were
forever changed.
May God bless their memory, may God heal the wounded memories, and
may God bless those who have carried on in New London, Texas, ever
since that heartbreaking day.
____________________
END PRACTICE OF EARMARKS
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Arizona (Mr. Flake) is recognized for 5 minutes.
Mr. FLAKE. Mr. Speaker, today, President Obama made two major
announcements. First, he wants serious earmark reform. In particular,
he wants to get rid of earmarks that represent no-bid contracts to
private companies.
Second, he will sign the $410 billion omnibus spending bill
containing nearly 9,000 earmarks, several thousand of which represent
no-bid contracts to private companies. It should not go unnoticed that
the announcement to rein in earmarks was made to great fanfare when the
ceremony to sign the earmark-laden omnibus into law was taking place in
a quiet room away from public view.
So, Mr. Speaker, as much as we know we need adult supervision around
here on the earmark question, I think it's safe to say that we are on
our own. We can't expect the President to help us out that much. This
is not a criticism of this President. The last President talked a lot
about earmark reform but didn't carry a very big stick. In the end, he
left it to us, and we didn't reform the process. We are in that same
position today.
Mr. Speaker, the bill that's being signed into law today contains
thousands and thousands of no-bid contracts to private companies. Many
of those no-bid contracts to private companies will go to clients of
the PMA Group, a lobbying firm that is currently under investigation by
the U.S. Department of Justice. Yet we continued. We let it go in this
bill.
So I think those of us who worry that we are not going to be serious
about earmark reform this coming session have reason to be worried,
despite the announcements to get serious about the prospect both by the
President and by the Democratic majority here.
Let me just tell you a little about the scope of the problem we face.
I have here 83 pages. These represent certification letters that
Members of Congress write in order to request an earmark. These
requests were made for the 2009 defense bill which we passed in
September of last year without any debate where somebody could
challenge any one of the earmarks which were more than 2,000 in that
piece of legislation.
These 83 I hold in my hand now were requests for earmarks made to
clients of the PMA Group, again the firm that is under investigation by
the Department of Justice. In every one of these cases, a private
company is listed here to receive the earmark.
I will just read through a couple. This is one where the recipient of
this earmark is to go to Ocean Power Technologies located at Pier 21 in
Honolulu, Hawaii.
Here is another. This one is to go to L-3 Communications Systems
project located in Salt Lake City, Utah.
Here is another for Parametric Technology Corporation located at 140
Kendrick Street, Needham, Massachusetts.
There is another for General Dynamics Ordnance and Tactical Systems,
Scranton Operations in Scranton, Pennsylvania.
These are all no-bid contracts to private companies. They are all to
clients of the PMA Group.
In every case here, in all 83, those who requested these earmarks for
these private companies, these no-bid contracts, then received, or
before, in every case here, received a contribution either from
executives at the PMA Group or the PAC operated from the PMA Group.
So we have a problem here, Mr. Speaker, that we need to address. Now,
there were some reforms that have been outlined today saying that no-
bid contracts will have to be competitively bid. If these no-bid
contracts, if these companies are actually listed and the Federal
agencies receive these requests and then bid it out, then it's not an
earmark anymore.
So we have a bit of a misnomer here or something that doesn't quite
make sense. But I think a lot of us who have been around here a while
are justifiably skeptical that this will actually take place. Most of
us were here in January of 2007 when the new majority outlined some
earmark reforms in terms of transparency and accountability.
But we all in the past 2 years have realized that new rules are only
as good as your willingness to enforce them, and these rules have gone
unenforced.
Mr. Speaker, let's have some real earmark reform.
____________________
MESSAGE FROM THE PRESIDENT
A message in writing from the President of the United States was
communicated to the House by Ms. Evans, one of his secretaries.
____________________
FINANCIAL CONDITION OF OUR NATION
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Missouri (Mr. Akin) is recognized
for 60 minutes as the designee of the minority leader.
Mr. AKIN. Mr. Speaker, it's a pleasure to be able to join you and my
colleagues here today. Our topic today is something that is on the
minds of
[[Page 7115]]
Americans everywhere. It's the question of our economy, the seriousness
of the recession and the steps that we are taking, whether they are
constructive or destructive to repairing the financial condition of our
Nation, our allies and of the world.
I suppose it goes without saying that the recession is something
that's serious. We can look at it in various different ways because it
affects each of us in different ways.
We could look at it from the fact that there are people who are
husbands that have wives and children, who have mortgages that are due
and no job and their bank account, already seriously whittled down, is
shrinking even farther.
We have those who have even been thrown out of their homes, those who
have lost all of the money that they had saved for retirement, their
401(k)s are becoming 101(k)s. And it has a troubling aspect that we
don't have any idea when is it going to let up and what will be the end
of this ride, as the stock market goes down and down and people
continue to suffer.
One of the things we have heard about over the last 6 years from our
liberal media and from others that are very critical of the foreign
policies of America, as we stood up for freedom, was the tremendous
cost of the war in Iraq, the war in Afghanistan.
To put in perspective what we are talking about here on this economy,
if you were to add up the cost of the war in Iraq, every day of it, and
add up the cost in Afghanistan, and the first 5 weeks of this Congress
in the stimulus--it was called a stimulus bill, I call it a porkulus
bill--we spent more money, what we voted for in the fifth week here,
than we spent in all of those wars, all of those years added together.
So we are talking about a lot of money, and that's just the beginning.
So I think it's appropriate for us to start out as we should. Instead
of being too hasty and jump into things, to stop and just ask
ourselves, how did we get in this mess? What policy mistakes did we
make and what is our logical way forward?
The good news I have for you, my friends, today is, is that there is
a way home. The policies that are necessary to turn this situation
around are available to us. History has shown us what works and what
doesn't work. So a bright future is available, as it has always been
for America, if we make the right choices.
{time} 1630
So, how was it that we got here? Well, the story starts some number
of years ago, a number of administrations ago, when it came to people's
attention that there were certain areas of some cities where you could
live where it would really be hard to get a loan to own a house. We
felt that it's part of the American Dream for somebody to be able to
own a house.
So, we created a couple of groups. One was called Freddie Mac and the
other was Fannie Mae. And the purpose of these groups--they were not
quite government agencies, but they weren't quite private either. The
purpose of them was to be able to make loans affordable to various
people.
We also leaned on the bankers in those various communities, saying,
As a bank, you have got to write some loans to people. Well, Who are we
supposed to write the loans too? Well, People who don't have very good
credit ratings. Let me see if I understand this correctly. What you're
saying is, You want me to give loans to people, and it may be they are
not going to pay the loan back. That's right. The government is telling
you to do that.
In addition, as Freddie and Fannie had been created during the last
years of Clinton's administration, what happened was that Freddie and
Fannie were given legislative instructions saying that they had to make
more and more loans to people who couldn't afford to pay them.
And at the time, in 1999, the New York Times had an article that
said, Hey, we better look out. This is like the savings and loan deal
about to happen all over again. We are about to make the same mistakes
we made before. The mistakes were that if people can't pay these things
back, then the securities that you package these different loans up--
and that is what Wall Street was doing, was packaging these
securities--they won't be able to pay, and we are going to have a big
problem because Freddie and Fannie, everybody assumes that the
government will back up their loans. And if it's the government that
backs them up, that means all of the taxpayers in America are going to
be held hostage for loans that were made, and maybe to people that
couldn't afford to pay them. And so this article was written in 1999,
warning: Savings and loan scandal. Look out. We are starting to do the
same mistake we made before, 10 years earlier. But we didn't pay
attention.
By 2003, President Bush is also reported in the New York Times saying
that what is going on in Freddie and Fannie is a big problem. It could
create a whole lot of economic trouble for America. I need the
authority to regulate Freddie and Fannie, the President was telling us.
That same New York Times article said that he was opposed by the
Democrat Party. In fact, the recent chairman, and this is an actual
quote from the New York Times, September 11, 2003, this is in response
to President Bush asking for authority to regulate Freddie and Fannie.
Now, this Democrat Congressman, Barney Frank says, ``These two
entities, Fannie Mae and Freddie Mac, are not facing any kind of
financial crisis,'' said Representative Barney Frank of Massachusetts,
the ranking Democrat on the Financial Services Committee, the man, I
might add, who is working on the solution to this problem. ``The more
people exaggerate these problems, the more pressure there is on these
companies, the less we will see in terms of affordable housing.''
Well, anybody can be wrong. Some people can be terribly wrong. And,
in this case, this mistake has turned the entire world economy upside
down. And so we have a whole series of these loans.
Now, you all know that what has gone wrong has been that these loans
have been in default. But this is what started with the loan business
and has now affected all of our economy. So, this is where the problem
started, but it has now spread. So we have a recession.
So, the question then is, this is where we got off track. We have the
government spending just tons of money to try and turn this problem
around, but the question is: How really should we go about fixing it.
And I am joined here in the Congress today by one of our
distinguished colleagues, a new Member, from the State of Ohio. Steve
Austria has some experience in this area and is rapidly making a name
as quite a sober and distinguished Member of our body. And I would like
to yield to the gentlemen if you would like to make a comment on where
we are and where we should be going.
Mr. AUSTRIA. I want to thank the Member from Missouri for yielding
his time and helping to put things in perspective. Mr. Speaker, thank
you.
Just like Missouri, Mr. Speaker, as you know, there are families in
Ohio that are real families that are struggling right now, that are
going through difficult times. And the economy in Ohio is down, and we
are struggling, going through difficult times. I want to focus in on
the 900,000 small businesses that we have in Ohio that are going
through these difficult times, that we are asking to make sacrifices,
we are asking them to help save jobs, help create new jobs, and we need
to make sure that we are taking the necessary action to help them get
back on their feet and not hurt them.
Mr. AKIN. Just reclaiming my time for just a second, I really
appreciate your starting there with the small businesses because a real
solution has to take a look at where are the jobs. And small business,
depending on how big you make a small business, but most people say 70
to 80 percent of the jobs in America come from small business. So
you're starting at exactly the right place.
Forgive me for interrupting, but I yield.
Mr. AUSTRIA. Thank you for those comments, because I think that puts
[[Page 7116]]
things in perspective. The 900,000 small businesses across the State of
Ohio is reflective across this country. As you mentioned, 70 to 80
percent of our Nation's economy, the engine behind that economy is the
small businesses. We should be working to help those small businesses,
not hurting those small businesses, and helping them to be able to get
through these difficult times and be able to save jobs, to be able to
create new jobs, and to be able to sustain those jobs in the long term.
We need to work hard.
As I have traveled throughout my district, and I have a very unique
district that runs from Dayton to Columbus, it's very diversified. You
go to the western part of my district, you have Wright-Patterson Air
Force Base, which is the largest single-site employer in the State of
Ohio, located in Greene County. You go towards the middle of the
district in Clarke County, Springfield, a lot of manufacturing and
industry. You go to the eastern part of my district, you have a lot of
small towns, rural areas, a lot of agriculture, and a lot of small
businesses. I think that is reflective of Ohio and across this country.
But no matter where I go, and I have had an opportunity to travel, in
my 20 months as a new Member of Congress throughout all eight counties
of my district, and I have spoken at many different events--with
Chambers, Rotaries, at other events. And I have talked to many of our
small business owners who are going through difficult times right now.
They are having a very difficult time right now just maintaining their
businesses right now.
I had two businesses actually came to Washington, D.C., this week to
meet with their Congressman to express their concerns. And what I'm
hearing is that they can't get the financing, they can't get the credit
necessary to keep their doors open to be able to meet their payroll, to
be able to expand and create new jobs and sustain those jobs in the
long-run. They are worried about the uncertainty right now that we are
seeing in our financial markets.
As you brought up, I think anyone who's looked at their financial
statements lately, whether it be your retirement savings, your kids'
education savings, just your savings account, you have seen a
significant drop in that. There's a lot of uncertainty as to what is
happening in those financial markets right now.
When they look at government, when they look at what is happening
here in government right now, there's a lot of uncertainty as to what's
happening and what direction we're going by infusing such large amounts
of spending in government and on whether we are squeezing out the
private sector and, in particular, small businesses.
They are going through some very difficult times. During these times,
we are asking families, we are asking small businesses to cut back, to
make sacrifices, while government, on the other hand, seems to be doing
the opposite. We should be doing the same thing. But, in my 60 days,
nearly 60 days here in Congress, we have had some major spending bills.
I spent 10 years in the State legislature before I came here, and I
wasn't used to the B and the T words--the billions and trillions. It's
becoming words that we are using regularly around here.
The first bill that I was faced with was the second half of the $700
billion bailout bill for the financial markets, also known as TARP,
something that we have seen that there's been lack of, in my opinion,
accountability and a lack of enough transparency.
There's been really no definite decisive plan by the Department of
Treasury. And that uncertainty, we have seen that reflected in the
markets. We have seen them fluctuating, mainly downward.
Mr. AKIN. I would yield in just a minute, but I note that my
distinguished colleague from Ohio has started on the subject of small
business. I recall that what you just said was that there is a certain
level of uncertainty among small business owners. And just piggy-
backing on that idea, let's just think a little bit about what that
uncertainty might be.
First of all, you have got dividends and capital gains, which is
about to be repealed. That was something which allowed small
businessmen to have more capital, to keep more of their own capital so
they could invest that in their own businesses.
What we are going to do is we are going to repeal that tax cut and
therefore tax the small business owners because many of them are in the
bracket that are going to get taxed heavily. So that is the first thing
they have got to be thinking about.
Then we're talking about we are going to be doing this cap-and-trade
stuff on any CO2 that is generated. So, we are going to
increase their cost of electricity. And then we are talking about going
to a socialized medical system, which is going to make medicine more
expensive for them. And then we see a tremendous level of government
spending, which is vacuuming the liquidity out of the private sector,
which makes it harder for them to get loans to make investments in
their own companies.
It seems like we are loading the dice against the very people who
should be creating the small jobs. So I can understand why they come
and visit my good friend from his district in Ohio. But I continue to
yield him time.
Mr. AUSTRIA. Thank you to my good friend from Missouri for putting
things in perspective. I think you're exactly right and, having been a
small business owner, when you're looking at that and you're faced in
this new budget with higher taxes, when you're looking at an economy
right now where the financial markets, you can't get finance, you can't
get the credit that you need to be able to expand your business to
continue on your business, I don't think this is good for small
businesses across this country. And they are the backbone of our
economy.
This is on the heels, again, of the $700 billion TARP bill. This is
on the heels of an approximately $709 billion stimulus or spending, or,
as you call it, pork plan. I think when you look at the spending that
is taking place in this budget, and it concerns me as to what we are
doing.
I, as a member of the Budget Committee, we have heard testimony. We
have heard testimony from the key officials in the administration. And
I continue to have concerns about the amount of debt that we are
accumulating.
Trillions of dollars. This is debt that--how are we going to pay for
this? We are now starting to see that come out in this budget, with
higher taxes, as you mentioned, which is not a good thing, especially
in a downturn of an economy. That is not going to help, again,
businesses to create jobs.
When we see the borrowing and the spending and the amount of debt
that is being accumulated, and I have three children at home. When I
came to Congress, I didn't come to Congress to be passing on to them
trillions of dollars of debt; debt that is being passed on to my
children, our grandchildren, that they will be paying for in years to
come.
Mr. AKIN. Reclaiming my time, I'd like to lay a little bit of
groundwork, if I could, along the lines, because what you're doing is
getting right into the idea of solving the problem. Being an old
engineer, I like solving problems.
But I think it's also helpful here, if you will allow me to jump in a
little bit, to say that there are two theories that are out there about
what do you do when you have a recession. I think most people
understand we have got a recession on our hands here, and they realize
it's pretty darn serious because there's all these jobs that people
have lost. Things are not going the way we'd like to see them go. So,
what are you supposed to do in this?
Well, there are two general ideas. One of them was tried by FDR some
years ago. It was called Keynesian economics. Little Lord Keynes, a
weird little guy, and he had this idea if you get in trouble
financially, what you should do is spend like mad and it will make
everything okay.
It seems a little bit odd. I think most of the people in your
district in Ohio, my district in Missouri, have enough common sense
that when you get in trouble, you don't go out and buy a
[[Page 7117]]
brand new car and run up the debt. You hunker down a little bit. That
may be a Missouri term, to hunker down. You know, to hunker down like a
toad in a hail storm. Things are getting bad so you're going to save
some money. You're not going to spend as much money.
So the idea that when you get in trouble, that you're going do spend
money like mad, seems to offend the common sense, I would say, of most
Americans. Yet, that is a common political theory.
And so this guy, Henry Morgenthau, he was the Secretary of Treasury
under FDR. He had this idea we have got to spend some money. So he does
this for 8 years. Unemployment is terrible. It's the Great Depression
going on.
In 1939, he appears before our Ways and Means Committee right here in
Congress, and this is his statement about their wonderful experiment.
``We have tried spending money. We are spending money more than we have
ever spent before, and it does not work. I say after 8 years of the
administration, we have just as much unemployment as when we started,
and an enormous debt to boot.''
Now, this guy is the father of this Keynesian economics, the idea
that can you spend your way out of trouble. That is one theory. The
other theory is one that the Republicans subscribe to. This is one the
Democrats tend to like and, apparently, are following, even here as we
speak.
The other one is what is sometimes called supply side economics. And
it's the idea that those 80 percent of those people creating those
jobs, the small businesses, the entrepreneur, the investor, and the
risk-taker, the people that work and create productivity, those are the
ones that you have to empower to be the engine to pull America forward
because government doesn't create prosperity, it either taxes or spends
or slops money around, or it creates a whole lot of debt, but it
doesn't create anything where it creates any prosperity. It can only
move money from one person to another.
{time} 1645
And so the other approach is to do as you are saying, gentleman, you
have got to work and you have got to empower those small business
people. But when you spend tons of money, that takes the liquidity away
from the small businessman and you make it so that he can't go. And
that is what they did for 8 years. Unemployment just stayed high, and
they spent tons of money; and when they got all done, they said it
didn't work.
So I wanted to lay that down, because I think people have to
understand there are two basic approaches people are taking: One is
spend a whole lot of money, stimulate the economy. And the Japanese
bought that theory. They tried it. It didn't work for the Japanese for
10 years, and we can't seem to learn from them. And yet, the other
theory was tried by JFK, by Ronald Reagan, and it has worked great. And
so why don't we do the one that works? I am not quite sure why we are
going down the wrong path.
I want to yield to my good friend from Ohio, Congressman Austria.
Mr. AUSTRIA. Thank you. Also, I think it is important to point out
that we did have an alternative plan as we went through that stimulus
plan that would have created twice as many jobs for half the cost. That
is using the same standards as the President's own economic adviser.
Using those same standards, we could have created, again, twice as many
jobs for half the cost.
The other thing is the spending plan, and we are looking very closely
at this budget in committee. There are some good things, I will
acknowledge. The fact that this budget acknowledges that we have an
entitlement crisis going on right now I think is a good thing. The
budget attempts to fix the AMT, which I think is a good thing. It sets
a means test for Medicare part D premiums, which I think is a good
thing. But then you get into this spending that we are talking about,
and we are talking about increases from the 2009 budget, the spending
of $3.9 trillion. Again, this is debt that we are accumulating that we
are going to be passing on that our children and grandchildren will be
paying for years to come.
We look at the increases on the nondefense appropriations by 9.3
percent, we look at the baseline that they are using as far as the war
funding. Those are things that concern me in this budget. And what I
want to talk about that I think is really going to hurt this economy is
the higher taxes that are within this budget. That is going to hurt the
economic growth and job creation, and these levees are totaling
approximately $1.4 trillion over the next 10 years, allegedly targeting
the wealthiest Americans. And let's define wealthiest. I would be glad
to yield back the time, because I know we both know that many of those
individuals that are falling in that category are small business owners
that are going to be having to pay this tax. Again, these are the same
business owners that we are asking to step up to the plate, to help
create jobs, to help save jobs, to give of their own assets and invest
it back in their business during uncertain times. At the same time, the
government is going to come in and say, by the way, you need to pay us.
We are going to raise your taxes during that time period. And as you
mentioned earlier, these small businesses create anywhere from 60
percent to 80 percent of jobs in the United States.
Mr. AKIN. Reclaiming my time, I think one of the things you alluded
to, gentleman, was the fact that what we are talking about is an
unprecedented level of spending that we have seen in a very short
window. We are a week or two into March. We didn't really come in the
first week or two of January, so we have been at this an equivalent of
2 months, and we have been spending some money. We have been spending a
lot of money.
I happen to serve on the Armed Services Committee. When I think of
trying to put a number on billions of dollars, I tend to think in terms
of something that is tangible, like an aircraft carrier. For the Armed
Services Committee, aircraft carriers are big and expensive. And we
don't want them sunk, so we put ships all around them to protect them.
We have got 11 of these. They cost about $3 billion apiece. So you take
that $3 billion apiece for aircraft carriers into what we passed out of
this House in this porkulus bill, $840 billion. We have got 11 of them.
You are talking about a line of aircraft carriers, 250 aircraft
carriers. We only have about 300 plus ships in the Navy. 250 aircraft
carriers, that is a lot of money that we don't have that we spent.
Now, what you are starting to see in this graph here, this is the
deficit. Under the blue lines here, this is deficit under Republicans,
2004, 2005, 2006, and 2007. You see the deficits going down. 2008,
2009, and 2010. You take a look at what is going on to this deficit,
and we are talking about deficits unlike anything our Nation has seen
historically at all. We are talking uncharted waters here, and that
porkulus bill at $840 billion is just part of it. As you mentioned, we
had that other Wall Street bailout bill for $700 billion. Half of that
we did this year, also. That takes us over $1 trillion. We are talking
about some real change here, and a change unlike anything we've seen
before. This is the sort of change that the government will have a lot
of money, and you and my constituents will have nothing left but
change, I am afraid.
I notice that we are also joined by a member of your class,
gentlemen, a distinguished doctor from Tennessee, Congressman Phil Roe.
I would love to have him jump in.
Mr. ROE of Tennessee. Thank you. I went home this weekend and met
with a number of constituents, and one of the things that they brought
out is that they understand. And these are from police officers,
sheriffs, builders, developers, grandmothers, grandparents. They are
saying this is the craziest thing they have ever seen in their life.
And the builders and developers believe that simply if we will get the
financial situation straight, the banking straight in this country,
they said: Look, we will go out and create the jobs if we will get
where we can lend money. I will give an example.
A person came in my office in the local district, and he said, Doc,
this is
[[Page 7118]]
the deal I am trying to put together. He had 14 or 15 commercial lots
on a river, beautiful river not too far from Knoxville, Tennessee. And
they are not making any more Holston River, not making any more lots on
the river. It was a $1.7 million project. It was appraised at $2.3
million. He put $500,000 of his own money down on this project.
The bank regulators said, okay, if you had to have a fire sale, what
could you sell this property for, the bank, in one month? Well, nobody
does a project like that where you have got to liquidate. When you
develop homes, you do it over a period of years is how you do these
developments.
The appraiser said, well, a fire sale would be probably $1.1 million.
The bank then said that was a bad loan because it is $100,000 upside
down and would go as a bad loan against that bank. Now, if you can't
release capital when somebody puts down $500,000 on a $1.7 million
project, then you can't do business. And that is one of the things that
is clogging up right now, is this access to capital is being choked
off. And until we open the capital market up, you are not going to see
our businesses and jobs be created.
The single number one thing the President of the United States should
be doing right now is making sure that our banks are solvent and that
capital is available, and that we can go out and let these business
people create jobs. And they cannot create the jobs if you increase tax
on small business, because that is where most of the jobs are being
created in America. Certainly in my district that is the case.
Now, we have been very fortunate in our area. The unemployment rate
overall is not quite as high as it is Nationwide, but it is heading in
that direction. And if you are a person who loses their job, basically
it is a depression for you if you don't have a job.
Mr. AKIN. Reclaiming my time, doctor, I appreciate what you are
saying. When you really take a look at where we are here, the policies
that we make in this House have a tremendous impact on people's lives.
And a lot of times the people that get hurt very badly, just as the
example you are talking about, and all of the other jobs that would
have been created by that project moving forward, those people are hurt
because of the policies that we made. And people want to say, this is a
failure of free enterprise.
This has nothing to do with free enterprise failing. This is a
failure of a socialistic scheme to force banks and lenders to give
money to people who can't afford to do it. And I assume this was done
under the pretense of being compassionate. But I am asking myself, if I
am the dad and somebody talks me into a loan that I can't afford and I
am getting my house foreclosed, how is that compassionate? I don't
really understand that.
We are joined also by another just fantastic Congresswoman, and this
is Congresswoman Foxx from North Carolina. She always has a real
commonsense point of view, and I would like to have her join our
discussion, if you would go ahead and proceed.
Ms. FOXX. I thank you, Mr. Akin, for taking charge of this Special
Order this afternoon. You have been doing a fantastic job the past
weeks. You always do a fantastic job the past several weeks. You always
do a fantastic job, but I know that you have really put out the time
and energy to do these Special Orders and bring to the attention of
people things that need to be brought to their attention related to the
budgets that have been passing, the whole economic situation that we
see facing ourselves. And you talked about the problem with what is
commonly called mark to market, our friend from Tennessee mentioned it,
and what is happening with people not being able to get loans and how
complicated our economic situation has become.
I want to talk just a minute about an article that came out today in
the Washington Times by a very well known person named Thomas Sowell.
Thomas Sowell is one of the most brilliant minds we have in our country
these days, and any time I see a piece by him I do my best to read it,
because I always learn from reading from Thomas Sowell. The
conversation about mark-to-marketing, the conversation about compassion
made me think about this article. Any time we have a chance to quote
Thomas Sowell, I think we should do that.
[From The Washington Times, Mar. 11, 2009]
Commentary--Subsidizing Bad Decisions
(By Thomas Sowell)
Now that the federal government has decided to bail out
homeowners in trouble, with mortgage loans up to $729,000,
that raises some questions that should be asked but seldom
are asked.
Since the average American never took out a mortgage loan
as big as 700 grand--for the very good reason that he could
not afford it--why should he be forced as a taxpayer to
subsidize someone else who apparently couldn't afford it
either, but who got in over his head anyway?
Why should taxpayers who live in apartments, perhaps
because they did not feel they could afford to buy a house,
be forced to subsidize other people who could not afford to
buy a house, but who went ahead an bought one anyway?
We hear a lot of talk in some quarters about how any one of
us could be in the same financial trouble that many
homeowners are in if we lost our job or had some other
misfortune. The pat phrase is that we are all just a few
paydays away from being in the same predicament.
Another way of saying the same thing is that some people
live high enough on the hog that any of the common
misfortunes of life can ruin them.
Who hasn't been out of work at some time or other, or had
an illness or accident that created unexpected expenses? The
old and trite notion of ``saving for a rainy day'' is old and
trite precisely because this has been a common experience for
a very long time.
What is new is the current notion of indulging people who
refused to save for a rainy day or to live within their
means. In politics, it is called ``compassion''--which comes
in both the standard liberal version and ``compassionate
conservatism.''
The one person toward whom there is no compassion is the
taxpayer.
The current political stampede to stop mortgage
foreclosures proceeds as if foreclosures are just something
that strikes people like a bolt of lightning from the blue--
and as if the people facing foreclosures are the only people
that matter.
What if the foreclosure are not stopped?
Will millions of homes just sit empty? Or will new people
move into those homes, now selling for lower prices--prices
perhaps more within the means of the new occupants?
The same politicians who have been talking about a need for
``affordable housing'' for years are now suddenly alarmed
that home prices are falling. How can housing become more
affordable unless prices fall?
The political meaning of ``affordable housing'' is housing
that is made more affordable by politicians intervening to
create government subsidies, rent control or other gimmicks
for which politicians can take credit.
Affordable housing produced by market forces provides no
benefit to politicians and has no attraction for them.
Study after study, not only here but in other countries,
show that the most affordable housing is where there has been
the least government interference with the market--contrary
to rhetoric.
When new occupants of foreclosed housing find it more
affordable, will the previous occupants all become homeless?
Or are they more likely to move into homes or apartments that
they can afford? They will of course be sadder--but perhaps
wiser as well.
The old and trite phrase ``sadder but wiser'' is old and
trite for the same reason that ``saving for a rainy day'' is
old and trite. It reflects an all too common human
experience.
Even in an era of much-ballyhooed ``change,'' the
government cannot eliminate sadness. What it can do is
transfer that sadness from those who made risky and unwise
decisions to the taxpayers who had nothing to do with their
decisions.
Worse, the subsidizing of bad decisions destroys one of the
most effective sources of better decisions--namely, paying
the consequences of bad decisions.
In the wake of the housing debacle in California, more
people are buying less expensive homes, making bigger down
payments, and staying away from ``creative'' and risky
financing. It is amazing how fast people learn when they are
not insulated from the consequences of their decisions.
Mr. AKIN. Reclaiming my time just a moment, what you said there was a
mouthful, but it really makes a lot of sense. What we are doing is
robbing the prudent to pay for the prodigal. The prudent and the
prodigal.
I think what he is saying in very fancy words is, we are punishing
the guy who did the right thing. That is what is going on. In fact,
there is a rule of economics; I think it says something that the more
that you pay for, the more that you get. So if you pay for people to
make bad loans, then you are going to get more of them. I think that is
what he is getting at.
[[Page 7119]]
Ms. FOXX. That is exactly right. There is another quote, I think it
is Mark Twain that says, whenever you rob Peter to pay Paul, you are
going to get a lot of support from Paul. So that is the same theory
here.
What Thomas Sowell is talking about is about this very bad bill that
we passed last week on housing. Now, we have had people who feel very
compassionate about Americans and want everybody to own a home if at
all possible. And our colleagues on the other side of the aisle really
pushed this theory, pushed it to the point where many people who
shouldn't have bought homes went out and bought homes, and they had
lenders who were their willing accomplices in either ignoring the
condition they were in or not getting complete information from them.
{time} 1700
And now we have this situation where we are going to allow people who
have mortgage loans up to $729,000 to declare bankruptcy on their
primary residence. We have never done that in this country before. And
it is undermining our whole capitalistic system.
Again, it is being done under the guise of compassion. But what we
are doing, as you so eloquently said, we are rewarding people who made
bad decisions and punishing those who have made good decisions and paid
their mortgages. This is just adding to the kinds of problems that you
and my colleagues have been describing.
Mr. AKIN. Reclaiming my time, that is what is disconcerting. That is
why the stock market just gets hammered down, because decision after
decision we are making doesn't really make sense, particularly if you
look at it from the point of view of the small business person. They
are just getting asked to pick up the tab on everything. And aside from
having trouble getting credit, the tremendous level of spending is just
vacuuming that money, that liquidity, out of the market.
I would like to return to our good friend from Ohio, Congressman
Austria. If you would like to jump in, I will yield.
Mr. AUSTRIA. I want to thank the Congressman for bringing that up. It
is very important that taxpayers understand that their hardworking
taxpayer dollars are paying $75 billion for that program that is going
to reward those who are making irresponsible and bad decisions, and the
ones that are paying are the ones that were responsible. And I talk to
small business owners and families who are struggling. And they are
altering their lifestyle in order to make their mortgage payments on
time, in a timely manner. And unfortunately, they are the ones that are
paying for the circumstances like Congresswoman Foxx talked about as
far as mortgages up to $750,000 for bad decisions.
A couple of facts on small businesses. I think it is very important
that we not lose focus as to really who is hurting in this process
right now and whom we should be focusing and targeting our economic
stimulus towards. Small businesses create seven out of 10 new jobs
across this country according to the SBA. The NFIB says America's small
businesses are the world's second largest economy, trailing only the
United States as a whole.
According to the Zogby poll released last week, nearly two-thirds of
Americans, 63 percent, said that small businesses, entrepreneurs, are
the ones who are going to lead the U.S. to a better future.
Mr. AKIN. If I could reclaim my time, let's talk a little bit about
this because one of the things Republicans get accused of sometimes is
that we are just a party of saying ``no'' and that we don't have any
solutions. And that is absolutely not true.
What is misunderstood is we just say ``no'' to a whole lot of
excessive government spending. But there is a way to solve this
problem. And it is the same thing that JFK did and the same thing that
Ronald Reagan did. It is called supply-side economics. And it requires
investing in these small-business kinds of people. And it means you
can't invest in them and fleece them at the same time. This is the new
set of taxes that the President is talking about. He says, ``oh, we are
not going to tax anybody that doesn't make that much money.'' Well
first of all, this cap-and-trade, all of this stuff in the blue, this
is a tax that is going to anybody that pays electric bills. Does that
seem like rich people? It doesn't to me. But anyway, that small
business, one of their expenses is energy. And if you run their energy
percentage up, and this will kick it up a good number of percentage, it
makes them less competitive. And then you jump to the other side, and
we have small businesses being taxed over here. This is not what you
do. And if just those of us that are even here gathered on the floor,
if we said, hey, okay, wise guys, you make a decision. How are you
going to fix this thing? I think we would probably agree the first
thing you do is you have to back off all of this Federal spending. And
the second thing you have to do is you have to allow enough liquidity
and capital to get to those small business people. There are different
ways to do it.
Ms. FOXX. Will the gentleman from Missouri yield?
Mr. AKIN. I do yield.
Ms. FOXX. I know you're an engineer, but I think you also know a
great deal of history. And if my memory serves me, the times that we
have been in recession, what seems to have worked has been cutting
taxes, not raising taxes. And as we have been discussing these issues a
lot in the last few weeks, my memory is that. Is your memory that we
have heard over and over and over again, here are the times that we
have cut taxes, here are the times we have raised taxes? And one more
point before you answer, I know, as you say, Republicans are accused of
not having new ideas. Well what I like to say to people is it isn't
that we need new ideas, it is that we need to use the ideas that have
always worked. And the ideas that have always worked have been where we
have cut taxes, or at least that is my understanding. And I would like
to get you, if you don't mind, to respond.
Mr. AKIN. Reclaiming my time, thank you for that question.
Maybe I assume too much. Certainly that is what happened. JFK cut
taxes. Ronald Reagan cut taxes. And in a very strategic way, President
Bush cut taxes and turned around a recession. But here is a point we
have to clarify. It is not just any tax cut. One of the things that has
been done lately which has kicked this debt up tremendously was the
fact that we just gave some cash back to every good old American on the
street. It is a nice thing to do if we had the money, but to tax their
children and grandchildren in order to give them a $1,000 or $5,000
paycheck, it is nice, but it doesn't help the economy. It isn't that
kind of tax cut.
You have to understand it is certain types of tax cuts. And those tax
cuts have to have the effect of investing in entrepreneurs, the risk-
takers and the productivity-generating sector of the economy. And that
is why the dividend capital gains is a big deal.
Ms. FOXX. Would the gentleman yield for one more question?
Mr. AKIN. I will yield.
Ms. FOXX. I think that it is important that we point out to the
American people over and over again that the money that the Federal
Government has is not manna from Heaven. The only money that the
Federal Government has is money it takes from us forcefully through
taxes, money that it borrows from us and other countries, and of course
printing money, which creates inflation.
But there are people who think there is something called ``government
money.'' Could you elaborate on that a little bit? Because it is an
issue that I think needs to be pointed out.
Mr. AKIN. Congresswoman Foxx, you have a way of making it very
straightforward and plain. I like that common sense. I believe we have
a couple of guests here that would love to comment on that.
Dr. Roe from Tennessee, why don't you comment on that.
Mr. ROE of Tennessee. Obviously one of my heroes, too, is Thomas
Sowell whom Congresswoman Foxx quoted a minute ago who happened to be a
student of Milton Friedman. And Dr. Friedman is a Nobel Prize-winning
[[Page 7120]]
economist at the University of Chicago. And Dr. Friedman stated very
clearly that if you want more of something, you subsidize it. If you
want less of something, you tax it. So, if you want less wealth, you
tax wealth, and you will have less wealth.
Mr. AKIN. Reclaiming my time, what you said is so important to
understand. It is such a basic principle that we should never, never
forget what you said here on this floor, and that is that what you tax,
you're going to get less of. And what you pay for, you're going to get
more of.
I will yield.
Mr. ROE of Tennessee. Thank you for yielding. So if you want more
programs, you create programs that subsidize those, and you will get
more of those government programs. If you want more wealth, you cut
taxes. Like you said, every single time the appropriate tax cut is
done, revenue to the government has gone up, not down. Every single
time the price of capital goes down, revenue to the government goes up.
Why is that? Well because it leaves more money to the people who have
earned it. They can go out and invest it, save it and do whatever they
want to with it. And guess what that does? That creates jobs.
One of the things I wanted to talk about was you had mentioned the
word ``compassion'' a minute ago. And I had discussed this. I was on
the phone with a local newspaper at home. And my previous job, besides
practicing medicine when I had a real job before I came here, was being
mayor of our city. And I had to look at my neighbors, especially the
elderly. And the two ways we have to raise revenue locally was either
raise your property taxes or sales taxes. Well, we can't raise sales
tax. We can't make you go down and spend any more money. So I had one
other option. Or I could limit the size of government. And I thought
the most compassionate thing I could do for senior citizens who are on
a fixed income was not overspend by government. Because then the only
way locally I could do when these folks are on a fixed income, they are
already making tough decisions about what to do with their money, was
raise their property taxes, which they chose not to do. And we were
rewarded by that.
Let me go over a couple of things in the government spending that we
have just done. There was a huge amount of money in there for
infrastructure. And let me just think out loud for a minute. You hear a
lot about green jobs and that we are going to invest in all this. In
our local community, we invested not one dollar and created an enormous
number of jobs. Let me tell you how we did it. We partnered with a
private company. We had an open landfill. One of the largest carbon
polluters in America is a landfill. We went to a private company and
negotiated the deal. They put all the capital up. We captured all the
methane gas at this landfill. We cleaned this landfill gas up where it
was almost pipeline quality. We piped it 4 miles across town to one of
our largest employers, which happens to be the Veterans Administration
Hospital at Mountain Home. They operate, they heat and cool their
facility, a 100-acre campus, at a 15 percent discount off their energy
bills. We make money, and they save money. The local Federal taxpayers
save money. And we as a local taxpayer made between 5 and $700,000. And
it was the environmental equivalent of taking 34,000 cars off the road
or not importing almost 20 millions of gasoline. And guess how many
taxpayer dollars we spent? Zero.
The second thing we did before I came up here, and I looked at this
stimulus bill, and I thought you could do a lot of this for nothing. We
did an energy audit of every building the city owned. We owned 44
buildings. We got a guarantee from a private company that if you don't
make the bond payments, we will make it for you. So what we did was we
put in new HVAC systems and we put in new windows. We did all of that,
$11 million worth of infrastructure improvements, to our building. And
guess how much money the taxpayers paid? A big zero because energy
savings paid for all of that redo.
Did we do that in this bill that we just sent up as a stimulus
package? No, we did not. And guess where the windows were made? Right
there locally. Guess where the glass was made? In a community next door
at Kingsport, Tennessee. And we did those kind of things at no cost to
the taxpayers. That is the innovative things that the Republican party
brings.
Mr. AKIN. Reclaiming my time, you started with the premise, though,
that it is not the job of the government to tax people. Particularly in
your particular position, you just couldn't tax beyond a certain level,
whereas here in Congress, we tax. We just print some more money. And
you started with a mindset that, no, you're not going to make life hard
on your constituents. You're going to try and find smart things and
ways to encourage the private sector to function. And that is something
that we should be looking at.
Mr. AUSTRIA. Will the gentleman yield?
Mr. AKIN. I certainly do yield to the gentleman from Ohio,
Congressman Austria.
Mr. AUSTRIA. I thank the good doctor from Tennessee for putting
things in perspective.
There are real families out there across this country, including in
my State of Ohio, who are going through difficult times right now and
who are suffering. I want to make sure that the general public out
there, the American people, understand really what this cap-and-trade
is.
I'm looking at your chart up there. This is part of the $1.4 trillion
increase over the next 10 years. And if you start counting how many
zeroes are behind $1 trillion, it is a whole lot of zeroes. There are a
lot of taxpayer dollars that we are talking about. This cap-and-trade
heaps another $646 billion tax increase on families. And what that
means in this budget that is being proposed right now is that it will
increase prices for 95 percent of our families. For everyone who turns
on their TV, who fills up their gas tank and who turns on their heat in
the winter, this budget, the cap-and-trade proposal that they talked
about, that some people are referring to now as a cap-and-tax, anything
that is using carbon, it is estimated to heap again at least a $646
billion tax increase on families, their natural gas, electricity, home
heating and gasoline bills.
During this difficult time when families are hurting, when small
businesses are struggling, I would agree 100 percent with Dr. Roe, that
this is not the way to turn our economy around and stimulate our
economy. We should be going the opposite way. We should be giving
families relief. And it is important again to note that we did have an
alternative plan out there. We are not trying to be obstructors here on
this budget. We have good ideas that will help stimulate this economy,
that will help create jobs, that will give families permanent tax
relief that they need right now. And unfortunately, these ideas are not
being considered when these bills are coming to the floor.
Mr. AKIN. Reclaiming my time, the proposals the gentleman is talking
about are scored by different economists. And they are saying that
these proposals are going to create twice as many jobs as the thing
that we passed that put us into tremendous amount of debt. The thing
that is ironic about that porkulus bill that we passed, billions and
billions, as I said, if you want to go with your Cadillac aircraft
carrier, you're talking 100 of these things. That is how much debt we
created.
And how much of that really went to the Keynesian idea of just
building roads and hydro plants and that kind of hard manufacturing
jobs? Almost none. It went to things like training people about STDs
and AIDS and protecting mice in the Speaker's district that are on an
endangered species list, and all kinds of maybe wonderful projects, but
they have nothing to do with creating jobs or getting the economy
going.
{time} 1715
What it has a lot to do with is taking all of the money out of the
private sector so these small businesses can't get a breath of oxygen.
That is a problem.
We don't like to just be negative, but these bills that we have
passed won't work. It is not that we want to be negative. But I am an
engineer. You have
[[Page 7121]]
to say, Did you put enough steel in the bridge? If they don't have
enough steel in the bridge, it falls down. This economic set of
principles will not work. It has not worked historically. It did not
work for the Japanese.
The fact is we have a good set of principles that worked for JFK, for
Ronald Reagan, and it worked quite well for us in the second quarter of
2004.
Mr. AUSTRIA. Let me just real quick, as I mentioned earlier, tell a
story. I had a couple of businesses and they actually came to D.C., and
this is how concerned they are. They are struggling to make payroll.
One business has an opportunity to be able to expand and create new
jobs but can't get the financing and credit.
When you start combining, increasing taxes, when you start combining
the debt that we are just continuing to increase, to try and tax and
spend your way out of an economic crisis I don't believe is the right
way to go. We can do better than that. I think when the American people
spoke this last election last November and they wanted change, this is
not the type of change they want. They didn't want to see government
just continue to increase and a huge infusion of tax dollars and
expanding government. What they wanted to see was real economic
stimulus, a plan that will create and save jobs and sustain those jobs
over the long term. Again, I believe our small businesses are the
backbone that makes that happen. There are families out there that need
relief. They need the permanent tax cut right now that we have offered
on our side.
Mr. AKIN. Reclaiming my time, this picture right here does not make
the stock market feel very comfortable. There are people who are my
age, I am an old geezer, and I am thinking about saving for retirement,
and you see your 401(k) become a 101(k), you are not just one to shell
out dollars to invest in small businesses, you just had your head
handed to you financially, and then you see this kind of level of
deficit spending, this is Republican spending in 2004, 2005, 2006 and
2007, and you know what, I don't like the fact that the Republicans
were spending and creating a deficit. I didn't vote for that deficit, I
don't like it, but there are a lot of differences between these blue
lines and these red lines.
These red lines, we have never done anything like this in our country
before. These are unprecedented times, and they are unchartered waters.
The effect of doing this kind of thing sooner or later is going to come
back, and we have to stop this.
I recognize my good friend, Dr. Roe, from Tennessee.
Mr. ROE of Tennessee. One of the things that my good friend from Ohio
is talking about on the cap and trade, so people understand and get
this jargon out of the way, cap and tax is a better definition or
description of it.
So people understand how it works, when you pump anything out of the
ground, whether it is oil or you pump natural gas out of the ground or
you dig coal out of the ground, there is a tax. It was first listed at
$15 a ton. I saw the initial tax on coal was $15 a ton, or I should say
on the carbon dioxide per ton, and then it goes out $10 a year. So you
are absolutely correct; everything you purchase is going to cost more.
The exact opposite thing you should be doing in an economic downturn is
even consider raising taxes because you have taken more capital out of
the market.
Right now small businesses are having to compete with the government
for capital. It is difficult to do. The banks, the regulators, are
having more stringent rules on banks, so it is much more difficult for
them to get this capital. In fact, there is no question in my mind that
it is delaying our recovery.
Mr. AKIN. Reclaiming my time, certainly there are some things that
could be done that wouldn't cost anything, just along the lines of what
you proposed to your local businesses where you saw problems in your
local area as mayor, but there is something called mark to market, and
there is good opportunity there. We talked about that last year, but we
just couldn't get Treasury and the people there to take a good look at
this whole situation. The rules needed to be dealt with.
We are joined by a good friend, the gentleman from Louisiana (Mr.
Scalise), who has joined us before on the floor. He is articulate, very
much up to speed on these topics, and it is a treat to yield time to
Congressman Scalise.
Mr. SCALISE. I appreciate my friend from Missouri yielding me time,
and you are talking about what is happening today here in Congress, and
all across America because as people are tightening their belts and
dealing with these tough economic times in their own way, in
responsible ways, it seems like Washington, this is the only place
where they seem to be going on a wild spending spree, spending money
that we don't have on programs that actually are causing more problems,
actually hurting our economy.
If you look at these proposals, especially this tax increase, and you
just showed the proposal, the taxes both on small businesses, actually
the engine of our economy, small businesses over $600 billion in taxes
proposed on our small businesses, and they create 70 percent of our
jobs.
But what is more frightening to Americans all across the country is
they realize this cap-and-trade proposal, it is a term that really
means energy tax. It is a $640 billion tax on energy. People who
actually use energy in their homes, if you are turning on your lights,
you are going to be paying more in taxes, to the tune, the estimate
that we got from the Congressional Budget Office, they estimate that
this proposal in the President's budget, moving through right now,
something that we can stop, but in this proposal, it actually increases
individual American tax bills, the bills on their utilities, by $1,300
a year.
Imagine that, in tough economic times like we are dealing with today,
if you actually want to use your air conditioner during a hot summer,
$1,300.
Mr. AKIN. Reclaiming my time, you just got my attention. I had seen
some numbers, but are you saying that the average family in America,
what is this cap-and-trade tax going to be? It is going to increase
your electric bill on the electric side?
Mr. SCALISE. Unfortunately, that is exactly what their proposal does.
The Congressional Budget Office estimates, and in fact the President's
own budget director, Mr. Orszag, has been saying that this will
actually increase utility bills for ratepayers across the country.
Mr. AKIN. Reclaiming my time, on top of everything else, you're
saying we have another thousand bucks a family in this deal?
Mr. SCALISE. Not just a thousand, $1,300 a year in electricity tax
increases that people would be paying on their electric bill every
year. This isn't a one-time thing.
Mr. AKIN. Reclaiming my time, that is not even talking about what you
are going to do to further bury small business, who are the very people
we want to create our jobs.
I see that we are joined by a highly respected congressman, the
gentleman from Indiana (Mr. Pence). I yield to the gentleman.
Mr. PENCE. I thank the gentleman for yielding, and I thank my good
friend for his strong leadership on this issue on the floor of the
Congress.
After months of runaway spending here in Washington, D.C., on
bailouts and on a so-called stimulus bill, and now the majority is
beginning to talk about another stimulus bill and no doubt more
bailouts, in the midst of all of that, the incoming administration has
presented its budget, more than $3 trillion in spending and higher
taxes.
I come to the floor today to congratulate the gentleman and my
colleagues for their strong statements today. But the American people
deserve to know the President's budget spends too much, taxes too much,
and borrows too much.
Mr. AKIN. Reclaiming my time, Mr. Pence, you said it so simply. What
is that again?
Mr. PENCE. The President's budget spends too much, it taxes too much,
and it borrows too much; and Republicans in Congress have a better
solution.
In the coming weeks, the American people will hear from this floor,
hear
[[Page 7122]]
on the airwaves of America, and see in print a careful exposition of
each of these points: about the extraordinary spending, the
extraordinary increase in taxes that have just been described, taxes
that will impact in the energy tax every household in America, every
business in America.
Mr. AKIN. Wait a minute, reclaiming my time, maybe my memory is
foggy. I thought I recalled the President saying he wasn't going to tax
anybody making less than $250,000, and I kind of almost went back to
sleep. I said that's not me, I'm not going to worry about it. Now
you're upsetting me.
Mr. PENCE. The gentleman points to the President's comments made here
on this floor, that only Americans with joint filings over $250,000 a
year would experience higher marginal rates under his plan. But that
leaves out two thoughts. Number one is that more than half of the
American people that file tax returns in excess of $250,000 a year are
actually small business owners filing as individuals. Raising taxes on
small business owners in a recession is a prescription for economic
decline. But there is another tax increase, and that is the energy tax
increase the gentleman was just referring to.
For the average American household, the energy tax increase could
impact several thousand dollars per year on every homeowner, every
renter, every small business. It will fall under the category of cap
and trade and climate change, but the American people need to be
prepared to count the cost as the President moves his budget forward.
Higher energy taxes, higher taxes on small businesses, and higher taxes
on contributions to charities.
By one independent estimate, American charities and nonprofits,
including educational institutions, religious institutions, charities
that serve the underserved community, some estimates indicate that the
President's tax increase could cost charities in this country $16
billion per year.
The President's budget spends too much, taxes too much, and borrows
too much. Republicans have a better solution. We will be bringing those
arguments and that solution to the American people in the weeks ahead.
Mr. AKIN. Reclaiming my time, the budget that we are talking about
spends too much, it taxes too much, and it borrows too much. That ought
to be pretty close to the title of our discussion here.
I really appreciate the good thinking and the high level of
education. We have doctors here on the floor today. Congressman Austria
from Ohio, we appreciate you joining us. And Congressman Pence, a
solid, conservative, commonsense kind of guy, coming from the heartland
of Indiana. And Dr. Roe, this is the first you have joined us, and I am
so thankful for your perspective and leadership. You are a medical
doctor, and you also literally ran a small government. You have tried
and you know what works. That is obvious from your comments today.
Congressman Scalise from Louisiana is a regular, and we are so thankful
for you.
Spends too much, taxes too much, and borrows too much.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 1262, WATER
QUALITY INVESTMENT ACT OF 2009
Ms. MATSUI (during the Special Order of Mr. Akin), from the Committee
on Rules, submitted a privileged report (Rept. No. 111-36) on the
resolution (H. Res. 235) providing for consideration of the bill (H.R.
1262) to amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, and
for other purposes, which was referred to the House Calendar and
ordered to be printed.
____________________
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO IRAN--MESSAGE
FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 111-24)
The SPEAKER pro tempore laid before the House the following message
from the President of the United States; which was read and, together
with the accompanying papers, without objection, referred to the
Committee on Foreign Affairs and ordered to be printed:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a
notice stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice to the Federal Register for publication, stating that
the Iran emergency declared on March 15, 1995, is to continue in effect
beyond March 15, 2009.
The crisis between the United States and Iran resulting from the
actions and policies of the Government of Iran that led to the
declaration of a national emergency on March 15, 1995, has not been
resolved. The actions and policies of the Government of Iran are
contrary to the interests of the United States in the region and pose a
continuing unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States. For these reasons, I
have determined that it is necessary to continue the national emergency
declared with respect to Iran and maintain in force comprehensive
sanctions against Iran to respond to this threat.
Barack Obama.
The White House, March 11, 2009.
____________________
{time} 1730
STEM CELL RESEARCH
The SPEAKER pro tempore (Ms. Fudge). Under the Speaker's announced
policy of January 6, 2009, the gentleman from New Jersey (Mr. Smith) is
recognized for 60 minutes.
Mr. SMITH of New Jersey. I am very grateful to be here for this hour.
And I hope some of my colleagues will join me on a very important
discussion about embryonic stem cell research and the huge
alternative--``the'' alternative--adult stem cells, that have proven
beyond any reasonable doubt that it is not only ethical, but it works.
Madam Speaker, at a time when highly significant--even historic--
breakthroughs in adult stem cell research have become almost daily
occurrences, and almost to the point of being mundane, President Obama
has chosen to turn back the clock and, beginning just 3 days ago, will
force taxpayers to subsidize the unethical over the ethical, the
unworkable over what works, and hype and hyperbole over hope.
Human embryo destroying stem cell research is not only unethical,
unworkable, and unreliable, it is now demonstrably unnecessary.
Assertions that leftover embryos are better off dead so that their stem
cells can be derived is dehumanizing, and it cheapens human life.
There is no such thing as a leftover human life. Ask the snowflake
children, Madam Speaker, ask their parents. Snowflake children are
those cryogenically frozen embryos who were adopted while still frozen.
This past Monday, I had the privilege of being with several of those
children. They look just like any other kid, any other child. And those
kids could have been subjected to embryo-destroying research or they
could have been poured down the drain. But thankfully, the donors, the
biological parents, decided that they are better off alive and
flourishing. And these kids, like so many of the other snowflake
children that I have met in the past, were just like any other child.
Life is a continuum, Madam Speaker. It does not begin at the moment
of birth. It starts at the moment of fertilization and continues
unabated, unless interfered with, until natural death. Birth is an
event that happens to your life and to mine, it is not the beginning of
life.
Madam Speaker, a recent spectacular breakthrough in the
noncontroversial adult stem cell research and clinical applications to
effectuate cures or the
[[Page 7123]]
mitigation of disease or disability have been well documented. For
several years, significant progress has been achieved with adult stem
cells derived from nonembryonic sources, including umbilical cord
blood, bone marrow, brain, amniotic fluid, skin, and even fat cells.
Patients with a myriad of diseases, including leukemia, type 1
diabetes, multiple sclerosis, lupus, sickle cell anemia, and dozens of
other diseases have significantly benefited from adult stem cell
transfers.
In 2005, Madam Speaker, I wrote a law, the Stem Cell Research and
Transplantation Act of 2005. It was legislation that created a national
program of bone marrow and cord blood, umbilical cord blood--or that
blood that is found in the placenta--that is teeming with stem cells of
high value that can be coaxed into becoming pluripotent, capable of
becoming anything in the human body.
We know for a fact that cord blood stem cells can mitigate, and in
some cases even cure--and there have been several--those suffering from
sickle cell anemia. One out of every 500 African Americans,
unfortunately, have sickle cell anemia. And cord blood transfers have
the capacity and the capability to effectuate cures or the mitigation
of that disease. And we have several examples.
I remember when the bill was stuck--first here, and then on the
Senate side. We were able to bring people, including Dr. Julius Erving,
to a press conference to appeal to the House and Senate leadership to
bring that legislation forward simply because it would save lives, but
it was being held hostage by the hype and the hyperbole of embryonic
stem cell research, which has not cured anyone. The legislation passed
the House. Finally, it was dislodged from the Senate and became law.
And now we have a nationwide network overseen by HRSA, under the
Department of Health and Human Services, to grow our capacity--the
number of specimens of cord blood stem cells--to type it, freeze it,
use best practices, and promote cures.
Now, the greatest of all breakthroughs--the greatest, in my opinion,
and in the opinion of many eminent scientists--is what is known as
induced pluripotent stem cells. And I say to my colleagues, and I say
to anyone who may be listening on C-SPAN, iPS cells, induced
pluripotent stem cells, are the future and the greatest hope for cures.
They are embryo-like, but they are not embryos. There is no killing of
an embryo to derive the stem cells.
On November 20, 2007, Japanese scientist, Dr. Shinya Yamanaka, and
Wisconsin researcher, Dr. James Thomson, shocked the scientific
community by independently announcing their ability to derive induced
pluripotent stem cells by reprogramming regular skin cells. And unlike
embryonic stem cells that kill the donor, are highly unstable, have a
propensity to morph into tumors, and are likely to be rejected by the
patient unless strong antirejection medicines are administered, induced
pluripotent stem cells, iPS cells, have none of those deficiencies, and
again, are emerging as the future, the greatest hope of regenerative
medicine.
Mr. Obama is way behind the times. Making Americans pay for embryo-
destroying stem cell research is not change we can believe in--far from
it--it is politics.
A decade ago, the false hope of embryo-destroying research made it
difficult to oppose, no doubt. There was a lot of hype, a lot of hot
air--much of it well meaning, perhaps--but it was very misleading. That
is no longer the case. So the question arises; why persist in the
dehumanizing of nascent human life when better alternatives exist,
alternatives that work on both ethics grounds and efficacy grounds?
Nonembryonic stem cell research is the present and it is the future of
regenerative medicine, and the only responsible way forward.
I would be happy to yield to my good friend and colleague for any
time he would like to take.
Mr. PENCE. I thank the gentleman for yielding.
In a week that has already been overcome by a blizzard of legislative
activity and news, I rise for two reasons today; number one is to
commend the gentleman from New Jersey, whose passion for human rights,
for human dignity, for the sanctity of life is in high relief on the
floor today. I commend the gentleman for coming to the floor and
bringing his passion and his knowledge to this issue in the wake of a
profoundly disappointing decision by the President of the United States
of America. So I commend the gentleman.
My second point is to simply say that what was most disappointing to
me about the President's decision in authorizing the use of taxpayer
dollars to fund research that involves the destruction of human embryos
is that it seemed to me, Madam Speaker, to be a moment where the
President and his party were putting ideology over science. I say that
grounded in the notion that that was an accusation that was leveled at
those of us on the side of life in the last 8 years, those of us who
believed that we ought not to use the taxpayer dollars of millions of
pro-life Americans and use it to fund research that involves the
destruction of human embryos for scientific purposes. But we were told
that we were putting ideology--presumably our pro-life views--over
science. But actually, science overcame the debate when, in 2007,
nearly 7 full years after President George W. Bush had signed his
executive order, and years after Republican majorities in this Congress
had authorized tens of millions in increased Federal funding to the
National Institutes for Health for ethical adult stem cell research,
science came through.
As the gentleman just referred, the extraordinary breakthroughs of
not one, but two scientific research teams in 2007 found that adult
stem cells could be converted into stem cells that essentially were
identical to embryonic stem cells through a process called induced
pluripotent stem cell procedure. Now, this was a miracle of science.
And I remember full well, I remember seeing a report on all the major
television networks that said that science has rendered the debate over
destructive embryonic stem cell research moot. It seemed as though
science had stepped into one of the most difficult and contentious
issues of our times and it had taken it off the table.
Because of these scientific breakthroughs, it would no longer be
necessary to even consider using Federal taxpayers to fund research
that destroys human embryos because--and the gentleman, I'm sure, will
correct me, having forgotten more about this issue than I've learned--
but I believe scientists found that by introducing a virus into adult
stem cells, that they would convert into that highly dynamic mode, they
would be induced to take the form of pluripotent stem cells, which
scientists have long desired--and have, through private funding,
appreciated the opportunity--to do research for the purpose of finding
cures and therapies. And so it is not casually that I come to the floor
today to say that I believe when President Obama signed an executive
order authorizing the use of taxpayer dollars to fund stem cell
research that involves the destruction of human embryos, that this
administration was putting ideology over science.
I didn't hear a word this week about induced pluripotent stem cells.
I heard no reference--I'm happy to stand corrected, Madam Speaker--but
I heard no reference by the administration or any of its spokesmen, or
by the President, to those extraordinary scientific breakthroughs which
obviated the need to use my tax dollars and the taxpayer dollars of
millions of pro-life Americans to fund research that destroys human
embryos.
So as I prepare to yield back to the gentleman, I come to the floor
with really a heavy heart. I mean, I believe the sanctity of life is a
central axiom of Western civilization. I believe that ending an
innocent human life is morally wrong. But I also believe it is also
morally wrong to take the taxpayer dollars of pro-life Americans and
use it to fund abortion overseas or to fund research that involves the
destruction of human embryos at home. But I found a new layer, Madam
Speaker, of wrongness; it's also wrong to do it when it's completely
unnecessary. It's wrong to take the taxpayer dollars of millions of
[[Page 7124]]
pro-life Americans and use it to fund research that destroys human
embryos when science itself, in the last year and a half, has made it
completely unnecessary to do so. And so it was a moment where this
administration put ideology over science.
My hope--and, frankly, my prayer--as we enter into this brave new
world that could result in embryonic farms, that could result in
ultimately setting us on a path where therapies are developed and,
therefore, stem cells need to be cloned, we will no doubt hear, it is
my hope and my prayer that science will continue to march forward and
will overtake the practice of ideology in this Capitol and reaffirm the
principle that human life is sacred, we ought not to use taxpayer
dollars of pro-life Americans to destroy nascent human life, and most
especially, when it is not scientifically necessary to do so to achieve
the extraordinary advances that are taking place.
I commend the gentleman, and I'm grateful for the opportunity to
speak.
Mr. SMITH of New Jersey. I thank Mr. Pence for his excellent remarks,
and for the logic, the compelling logic that he brings to the floor,
not just today, but so often.
This is a human rights issue. It is also a patient issue. You know,
one of the overlooked--and the mainstream press sometimes gets it
right, but we are only beginning to see, in some of the commentary
post-decision on Monday by President Obama, one of the things he lifted
was an executive order that President Bush put into effect on June 20,
2007 expanding approved stem cell lines in ethically responsible ways.
And it provided a boost to the National Institutes of Health to do
research on alternative sources of pluripotent stem cells that
prioritizes research with the greatest potential for clinical benefit.
He revoked this--he being President Obama. In other words, that which
has worked, that has absolutely stunned, in a positive way, the
community, the scientific community, now takes a back seat to what is
essentially abortion politics, turning that which is unborn, that which
is newly created into a commodity that could be destroyed at will.
{time} 1745
Let me also say that the Washington Post had an excellent piece today
by Kathleen Parker, and the headline was ``Behind the Cell Curve, Why
is the President Ignoring a Scientific Gift?''
Kathleen points out: ``One fact is that since Obama began running for
President, researchers have made some rather amazing strides in
alternative stem cell research. Science and ethics finally fell in
love, in other words, and Obama seems to have fallen asleep during the
kiss. Either that or he decided that keeping an old political promise
was more important than acknowledging new developments. In the process
he missed an opportunity to prove that he is pro-science but also
sensitive to the concerns of taxpayers who don't want to pay for
research that requires embryo destruction.''
She points out that ``in fact, every single one of the successes,''
every one, ``in treating patients with stem cells thus far for spinal
cord injuries and multiple sclerosis, for example, have involved adult
or umbilical cord blood stem cells, not embryonic stem cells.
``The insistence on using embryonic stem cells always rested on the
argument that they were pluripotent, capable of becoming any kind of
cell. That superior claim no longer can be made with the spectacular
discovery,'' as I said at the outset, ``in 2007 of `induced pluripotent
stem cells,''' or iPS cells, ``which was the laboratory equivalent of
the airplane. Very simply, iPS cells can be produced from skin cells by
injecting genes that force the cells to revert to their primitive
`blank state' form with all the same pluripotent capabilities of
embryonic stem cells.
``But `induced pluripotent stem cells' don't trip easily off the
tongue,'' she goes on to say, ``nor have any celebrities stepped
forward to expound their virtues. Even without such drama, however,
Time Magazine named iPS innovation number one of its Top Ten Scientific
Discoveries of 2007, and the Journal of Science rated it the number one
breakthrough of 2008.
``The iPS discovery even prompted Ian Wilmut, who led the team that
cloned Dolly the sheep, to abandon his license to attempt human
cloning, saying that the researchers `may have achieved what no
politician could: an end to the embryonic stem cell debate.'''
And yet now we see that Barack Obama has put that front and center
again, choosing politics over science, over ethics, in promoting
embryonic stem cell research when the clear future of stem cell
research is in the area of induced pluripotent and in the area of adult
stem cells.
I would like to yield to Dr. Broun, a distinguished medical doctor,
for any comments he might have.
Mr. BROUN of Georgia. I thank the gentleman for yielding.
As a medical physician, a medical doctor, I'm certainly concerned
about my patients, and I can understand people who are in wheelchairs
wanting to walk again. I understand people who have Parkinson's disease
wanting to not have the rigidity and shakes that they have with that
disease and the degradation of their lifestyle that that horrible
disease causes. And I, as a medical doctor, want to find cures for
these diseases as well as many others.
But as we look at this issue, I don't think there's a single person
with Parkinson's disease or a single person that's in a wheelchair that
would be in favor of killing another human being so that they could
walk again or so that they wouldn't shake and have the rigidity and all
the devastating effects of Parkinson's. I don't think there's a person
in this country, in this world, who would say ``I'm in favor of killing
this 2-year-old little girl or this 6-year-old little boy so that my
disease will be cured.''
But the facts are very simple. When we do embryonic stem cell
research, we're killing human beings. That's a separate human being.
It's a separate entity. And that person has the right to live just like
you and I do. We can't forget that. These are people. They may be a
one-cell or just a few-cell human beings, individuals, but they are
still distinct human beings that have their own genetic makeup, that
have their own ability to live if we will just put them in an
environment where they can.
Now, I've got a friend at home that says that we ought to be able to
take our 13 year olds and put them in the ground and dig them up when
they're 25 and they'd be a whole lot better. And there are some parents
who threaten to kill their teenage children, but they wouldn't really.
But the thing is we are killing people. We're killing human beings.
And the unfortunate part of this whole discussion is there has been
virtually zero, zero, very little, if any, positive results from
killing these human beings, bringing about the research on these human
beings. There has been very little. Whereas with adult stem cells, with
germ cells, we see a tremendous promise. And just as you said,
Congressman Smith, the President has put politics and the radical pro-
death abortion groups in this country ahead of science. It is a mantra
of death and destruction.
I don't see things as being in the gray area, particularly on this
issue. You're either pro-death or you're pro-life. You're pro-abortion
or you're anti-abortion. I have wondered frequently whether this whole
issue about embryonic stem cell research was just a mechanism to try to
give credence to the abortion industry, just to try to give credence to
being able to take that right or at least the designation of personhood
away from these human beings that are just one or two cells.
I introduced a bill called the Sanctity of Human Life Act that gives
the right of personhood to one-cell human beings. And we have got to
stop the killing in America. God commands in Proverbs to speak up to
the speechless and the cause of those appointed to die. Congressman
Smith for years and years and years has been coming to the floor and
introducing legislation and speaking up for those innocent human beings
that are killed through abortion, killed through embryonic stem cell
research, and we have got to stop it. God cannot
[[Page 7125]]
and will not continue to bless America while we're killing 4,000 babies
every day through abortion. We must stop it and do everything that we
can. And stopping embryonic stem cell research is also extremely
important because these are human beings that God has created. He tells
us in His Word that he opens the womb and He closes the womb. I believe
in the depth of my heart as a physician that he allows those human
beings to be formed, even in a petri dish, and we need to protect them.
We need to protect the beginning of life; we need to protect the end of
life.
When I graduated from medical school from the Medical College of
Georgia in 1971, I made a pledge. It's an oath. It's called the
Hippocratic oath. They don't give that in medical school, I don't
think, much anymore, if ever, and the reason they don't is because of
the abortion industry, because in that pledge, in that oath, it says I
will not do an abortion. It also says I will do no harm. Embryonic stem
cell research kills a human being. It does harm, and physicians who are
doing that are breaking their Hippocratic oath if they take it
seriously. It's not a legal document. It's just something that those of
us who believe in doing no harm, who believe in rendering good to our
patients and trying to preserve life, that's exactly what we try to do;
so we must stop this heinous, and it is heinous, practice of destroying
human life. No matter how good somebody paints the picture of this
procedure, they paint a picture that has not been true, that it's going
to bring about all these good cures, but it's an empty promise. And
those who cling to it have been sold a bill of goods. They have been
sold a bald-faced lie. It's a lie of a promise that has not shown to
have any promise really. There are other research methods, other
scientific methods, where we can put money, we can put effort to bring
about the critical cures that we need to help people get out of their
wheelchairs, to help cure cancer, to help cure diabetes, to help cure
all these diseases that are absolutely critical for us to cure as a
Nation, and we need to put our focus where it should be, and that's not
on killing people. And that's what embryonic stem cell research does.
It kills people. Put it on the things that will save people, things
that will cure their disease, hopefully get people out of their
wheelchairs and walking, help them to live their lives and be
productive in society. I'm all for that, but I am totally against
killing embryonic human beings just for the sake of medical
experimentation. We must stop it, and I will do everything I can, and I
join Congressman Smith in his efforts and I applaud his efforts over
the years.
I just greatly appreciate all that you've done, my dear friend. And,
Chris, I just want to join with you in everything that you do to try to
stop this heinous practice of killing human beings through abortion,
through embryonic stem cell research, and all the other things that you
have so valiantly fought against all these years. I thank you.
Mr. SMITH of New Jersey. I thank my very distinguished colleague Dr.
Broun. Thank you for your kind words, but more importantly, thank you
for the contribution you make, especially given your background.
I think Americans need to know that physicians who believe in the
sanctity of life, that patients before birth who might be in need of
blood transfusions--I mean one of the things I will never forget,
Bernard Nathanson, one of the founders of NARAL, an abortionist himself
who did thousands of abortions, quit as the head of the center in New
York, and he wrote in the New England Journal of Medicine ``I have come
to the agonizing conclusion that I have presided over 60,000 deaths.''
So this innovator, this man who walked in the vanguard of the abortion
rights movement, gave it all up. And he did so because, like you, he
became a physician who said there are two patients, the unborn child
and his or her mother, and both need to be treated with respect. The
Hippocratic oath that you cited so eloquently is an admonishment that
has fallen by the wayside with some, not all.
The newborn didn't get that way, a healthy newborn, traversing the
birth canal. It had to do with good prenatal care. The mom taking care
of herself and being treated obviously well by the family so that she
could get her proper rest, all the things that lead to a good delivery,
it all occurs prior to birth.
Mr. BROUN of Georgia. That's right.
Mr. SMITH of New Jersey. So two patients. And that's what led Dr.
Nathanson. When he was doing blood transfusions at St. Luke's Hospital
and prenatal surgery, and he would say this patient here who deserves
respect is getting help he or she needs while in another room of that
hospital or clinic, they're getting dismembered or chemically poisoned
or killed by some other toxic substance, and they call that abortion
and ``free choice.'' It is violence against children and it is
injurious to mothers as well.
I just met, Dr. Broun, with some individuals, a father whose daughter
committed suicide in New Jersey some time ago as a direct result of an
abortion. She was one of the happiest young women imaginable. Her
brother and father came to visit me. She went into a very severe
mental, and you probably could speak to that very well, downward slope
after she had that abortion. The mental complications are very real. I
know we're here to talk about embryonic stem cell research, but it is
so closely allied to the dehumanization of unborn life and newly
created human life. And as I said at the outset, birth is an event that
happens to all of us. It is not the beginning of life. The Flat Earth
Society folks might say that's when life begins, but 3D ultrasound, 4D
ultrasound, has shattered that myth.
I yield to Dr. Broun.
Mr. BROUN of Georgia. The reason that the pro-abortion people don't
want ultrasound is because moms look at that baby and they say,
``That's a baby. That's not just a little glob of tissue. It's not some
amorphous goop that's there in my womb. It's a baby.'' And it is. And
before she ever knows that she has missed a period, I mean by the time
she has missed a period and goes a little bit further, that baby
already is developing neurological function. It's already developing a
heartbeat. It's a human being.
{time} 1800
And that's the thing about embryonic stem cell research goes back to
the same thing that I mentioned and what you are talking about, and
what we all talk about who are pro-life, that life begins when the
sperm cell enters the cell wall of the oocyte, the egg. I call it
spermatazoa, that's a medical term for the sperm cell, enters the cell
wall of the egg, the oocyte.
It forms a one-cell human being that's genetically different from the
mom. It's a separate human being. It has everything it needs except for
just a good place to live, to become a human being and be a Member of
this House of Representatives, to grow up to become a President of the
United States. And it's a human being, nonetheless.
It's a zygote, which needs to have the right, under law, of
personhood. And, in fact, in the Roe v. Wade decision, as you know, as
all of us who are pro-life know, the Supreme Court justice who wrote
the majority opinion, Justice Blackmun, said in his decision, that if
we could ever define the beginning of life at conception--now I say
``fertilization'' because the word ``conception'' has become obscured,
they want to obscure all this stuff.
But if that could ever be determined that that would vacate Roe v.
Wade, we have got to protect these people. A society is going to be
judged by other societies about how it cares for the most vulnerable in
its society, the poor people, the old people and the very most
vulnerable of the young people.
And these embryonic cells that have this big scientific name, like
embryonic stem cell research, which sounds kind of lofty, but the
bottom line is it kills human beings, separate human beings, and we
must stop it and we will do everything we can. God cannot and will not
continue to bless America while we are doing this.
We look through history how human beings have been experimented on.
We
[[Page 7126]]
see all the time, we hear complaints, particularly from the other side,
even the pro-abortion people on the other side, look aghast of how we
treat prisoners at Abu Ghraib prison in Iraq and just putting women's
underwear on those folks' heads.
But, on the other hand, they are willing to kill a human being
through abortion, through embryonic stem cell research, and it doesn't
matter. The thing that really gets me, Congressman Smith, is they want
to do it all the way up to the time that baby totally pops out of the
birth canal. In fact, that's what the Freedom of Choice Act is all
about. It should be called the Freedom to Kill Babies Act, not the
Freedom of Choice Act.
In fact, let me just mention that too as we see that partial-birth
abortion, late-term abortions are being promoted by this administration
by many in this House. The only medical reason that procedure was ever
developed is to guarantee a dead baby by the abortionists. There is no
other medical reason, no other medical reason than to guarantee a dead
baby.
The abortionists were faced with a problem. They were aborting babies
and winding up with a live fetus. Now, ``fetus'' in Latin means
``baby.'' They were winding up with a live baby, and what are they
going to do with this? They couldn't have that, so they had to develop
those dilatation extraction procedures, partial-birth abortions to
guarantee a dead baby.
So I applaud your efforts to try to help bring forth the truth, and
that's what you have been doing for years, and I applaud you. And
that's why I had to come down here to put in my 2 cents as a medical
doctor, to tell the American public that the truth, that there is very
little, if any, potential of scientific breakthroughs to treat all
these awful diseases, which I want to treat, but there is a light.
There is a potential, and it's through other methods that don't kill
these babies.
Mr. SMITH of New Jersey. I thank the gentleman for his eloquent
statement. We have two Members that want to join in. I would just very
briefly say, and I would recommend, that those who may be watching this
either look at this in the Record or Google it.
In the U.S. News & World Report, Dr. Bernadine Healy, from Ohio, who
used to be the head of the National Institutes of Health, asks a very
probing question and then answers it why embryonic stem cells are
obsolete. And as she points out, the breakthroughs have been in the
areas of adult stem cells. And as she calls the induced pluripotent
stem cells--again, the ones that can be taken right from our skin--she
calls that the blockbuster discovery of 2007.
Mr. JORDAN of Ohio. I thank the gentleman for yielding to me and
appreciate his reference to Dr. Healy. I have her name in my notes as
well.
But let me start by saying this. Look, we understand there is a
debate in our culture over whose set of principles, whose set of values
are going to prevail.
And that is, of course, one of those fundamental principles is
respect for human life. It is why I so appreciate the Congressman from
New Jersey and his leadership of the Pro-Life Caucus here in Congress,
because he has had a steadfast adherence to that fundamental principle
that all life is sacred and worthy of protection, that same principle
that the Founders of this country understood when they wrote down the
words that started this great experiment that we call America. And they
said, ``We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the pursuit
of Happiness.''
I always tell folks it's interesting to note the order the Founders
placed the rights that they chose to mention, life, liberty, pursuit of
happiness. You can't pursue your goals and dreams, you can't go after
those things that have meaning and significance to you and your family
if you don't first have freedom. And you never have true freedom, true
liberty, if government doesn't protect your most fundamental right,
your right to life.
That's ultimately what this debate is about. When the President the
other day issued his executive order, at the press event he talked
about the adherence to science and picking science over politics.
I am sure that the chair of the Pro-Life Caucus, the gentleman from
New Jersey and our friend from Texas who has joined us, know that the
science is on our side. All the positive treatments, all the beneficial
things that have happened to individuals and their families who love
and care about them, in treating disease, have happened through the
adult stem cell research, not the stem cell research that destroys
human life.
And so we strongly support the use of science in developing the cures
and the treatments that are going to help people. And it's interesting
to note the ethical decision is the smart decision, and right now the
evidence is all on our side.
The Congressman from New Jersey is exactly right when he talks about
Dr. Healy. What's interesting is Dr. Healy and I did a radio show the
other night, talked about this, she happens to be a Republican but also
ran as a candidate for the United States Senate as a pro-abortion, pro-
choice candidate. So she doesn't exactly share our belief on this issue
completely, and yet she is willing to look at the science in an
objective way and come down on the right side.
Two last things I would finish with here in my remarks, this decision
scares me in a couple of ways, the first one is this, the slippery
slope argument is real. I mean, once you start down this road there are
all kinds of problems that can accompany this that are harmful. My
guess is the gentleman from New Jersey has talked about cloning and
some of the other things that this can lead to.
I am sure your comments will be appropriate in that area. These are
scary things. But, remember, politicians are good at saying one thing
and not exactly following through on it. So even though people will
tell us they support this, there are safeguards built in, we know it
destroys life and we know that there are worse things that can come
down the road.
Finally, I would say this, thus far, with this administration, we
have seen a couple of pro-life policies overturned, the Mexico City
policy with an executive order, and now the stem cell, the embryonic
stem cell research policy.
We know, as we now enter the 2010 appropriations cycle, and what's
going to happen with taxpayer dollars as we move forward relative to
protecting life and the fact that millions of families, millions of
Americans don't want their tax dollars used to promote something that
they know is wrong. As we move into that debate, the precedent has been
set now with these two decisions. We have got a fight on our hands.
There are 22 what are commonly called pro-life riders that are part of
the appropriation bills that we need to protect.
The one that most people understand and recognize is the Hyde
amendment which says we are not going to use your tax dollars to
perform the abortion procedure in this country. We are going to protect
the use of your tax dollars.
So this idea that we are now moving in a direction that is going to
use tax dollars for embryonic stem cell research sets a dangerous
precedent. And it's something that we have to watch as we move forward,
because, again, the vast majority of families in this country don't
want their tax dollars used for this procedure.
So, again, I commend the gentlemen who are with us here tonight,
particularly our chairman of the Pro-Life Caucus, Congressman Smith,
for your steadfast adherence to the fundamental principle that life is
precious, life is sacred and deserves the protection that the law
should offer it.
Mr. SMITH of New Jersey. Thank you, Mr. Jordan, for your leadership.
I think the American public would be pleased to know that you headed up
an effort with a Member on the Democratic side, Heath Shuler, and 180
Members signed a letter to the leadership of the House, the Democratic
leadership, asking that these pro-life riders--we do not want our
funding, our tax dollars being used to facilitate to kill children.
[[Page 7127]]
Mr. JORDAN of Ohio. For just a second, and I appreciate the gentleman
bringing that up, we did have a bipartisan press event where we
announced 181 Members of Congress, Republican and Democrat, signing a
letter to the Speaker of the House, telling the Speaker, don't mess
with this language. This protects human beings. This protects taxpayer
dollars. This protects what the vast majority of Americans respect.
Don't change these procedures. Don't do what the Obama administration
has already done twice, protect these procedures. And if you do mess
with it, at least give us the rule so we can have a debate on the
floor. At least allow us to play the game, have the debate, the full
debate in front of the American people and have the vote.
You can't get 181 Members to sign anything around here. The fact that
we got a bipartisan 181 Members is testimony to the work that the Pro-
Life Caucus does and to the importance of this fundamental issue.
Mr. SMITH of New Jersey. Mr. Olson.
Mr. OLSON. I thank the chairman of the Pro-Life Caucus, my good
friend from New Jersey, for leading this discussion tonight on this
critical issue, and I want to identify myself with the comments of the
speakers who preceded me, the chairman, Chairman Pence, Dr. Broun and
our good friend, Congressman Jordan, for their impassioned comments in
defense of innocent life.
I rise today out of grave concern over President Obama's decision
yesterday to lift restrictions on Federal funding for human embryonic
stem cell research. His decision is financially overburdensome,
scientifically unnecessary and morally offensive.
The President's new executive order opens the door to Federal funding
of embryonic stem cell research. Tremendous results have already been
found using adult stem cells in the treatment of cancer, diabetes,
Parkinson's disease, Alzheimer's disease and heart disease. Creating
more lines of pluripotent stem cells should be our continued focus.
It's more versatile. You don't have to deal with the issues of
rejection, and it doesn't take an innocent life.
This administration continues a disturbing path of spending taxpayer
dollars on programs and policies that are deeply offensive to millions
of Americans, placing questionable science ahead of morality. Taxpayers
are being asked to support an increasingly bloated Federal Government,
and yet the administration is moving research from private funding to
take advantage of money from President Obama's economic recovery
package for further study of embryonic stem cells.
How does the destruction of human life help our economy recover, how
does that create jobs? It doesn't, and this most recent action by the
administration is another example of a step too far.
We must not forget the fundamental role of government in our lives,
protecting its citizens, particularly the most innocent among us. This
administration has not been in office yet for 2 months, and, yet, three
times, it has already overturned some basic security rights of our
citizens. It has forced men and women who do not want their money spent
on morally objectionable scientific research to fund research.
They have removed rules that protect medical providers who declined
to perform abortions due to moral and religious reasons. And now they
have failed to protect the most innocent among us by opening the door
to embryo research and a senseless discarding of American life.
{time} 1815
I'd like to make a couple of comments about the importance of
ultrasounds for women who are pregnant. These are personal comments.
God has blessed my family. We have two children; a daughter, who's
12, and a son, who's 8. When my wife was pregnant with our daughter,
our first child, she had an ultrasound at 13 weeks. We still have that
ultrasound. Have it on our refrigerator door.
If you look at that ultrasound, you look at the profile of that young
human life, and you look at the profile of my daughter today as a 12-
year-old, thriving kid in sixth grade, there is absolutely no
difference. Kate was a person then, she's a person now. And we need to
protect the innocent life. And ultrasounds made available to women who
are pregnant only are common sense.
Again, I thank my colleague from New Jersey for spearheading this
important debate, and I yield back the floor. Thank you.
Mr. SMITH of New Jersey. Mr. Olson, thank you very much, and I
appreciate your leadership and your consistency in respecting all human
life, including the unborn child. So, thank you for joining us today.
Let me just make a few final comments, Madam Speaker. While President
Obama and some Members of Congress still don't get it, the breakthrough
in adult stem cell research has not been lost on the mainstream press.
For example, on November 21, 2007, Reuters reported, and I quote, ``Two
separate teams of researchers announced on Tuesday they had transformed
ordinary skin cells into batches of cells that look and act like
embryonic stem cells, but without using cloning technology and without
making embryos.''
The New York Times reported on the same day, and I quote, ``Two teams
of scientists reported yesterday that they had turned human skin cells
into what appears to be embryonic stem cells without having to make or
destroy an embryo--a feat that could quell the ethical debate troubling
the field.''
The AP said, ``Scientists have created the equivalent of embryonic
stem cells from ordinary skin cells, a breakthrough that could someday
produce new treatments without the explosive moral questions of embryo
cloning.''
Even University of Wisconsin's Dr. James Thomson, the man who first
cultured embryonic stem cells, told the New York Times, and I quote,
``Now with the new technique, it will not be long before the stem cell
wars are a distant memory. A decade from now, this will just be a funny
historical footnote.''
Dr. Thomson told the Detroit Free Press, ``While ducking ethical
debate wasn't the goal, it is probably the beginning of the end of the
controversy over embryonic stem cells.''
If only that were true because, unfortunately, on Monday our Federal
taxpayers' dollars will be used now to destroy embryos to derive their
stem cells, even though they become tumors, if ever put into an
individual, would be rejected and, of course, we know that they kill
the donor when they are taken.
In Medical News Today, Dr. Thomson said, and I say this again,
``Speaking about the latest breakthrough, the induced cells do all the
things embryonic cells do. It's going to completely change the field,''
he said. Again, this is the doctor who, in the late 1990s, gave us
embryonic stem cells. He is saying induced pluripotent stem cells,
those derived from your skin and mine, can be embryo-like, and really
is the hope of regenerative medicine.
Ten days ago, more good news. No, I would actually say it is great
news on the induced pluripotent stem cell front. Research teams from
the United Kingdom and Canada published two papers in the prestigious
scientific journal, Nature, announcing that they had successfully
reprogrammed ordinary skin cells into induced pluripotent skin cells
without the use of viruses to transmit the reprogramming genes to the
cell. ``With their new discovery, which they used a piggyback system,
as they called it, they were able to insert DNA where they could alter
the genetic makeup of the regular cell before being harmlessly removed.
``According to many scientists, the removal of potentially cancer-
causing viruses means that this breakthrough increases the likelihood
that iPS cells will be safe for clinical use in human patients. The
lead scientist from Canada, Andras Nagy, was quoted in the Washington
Post saying--this is just a week ago--``It's a leap forward in the safe
application of these cells. We expect this to have a massive impact on
this field.''
[[Page 7128]]
George Daley at Children's Hospital in Boston said, and I quote, ``It
is very significant. I think it's a major step forward in realizing the
value of these cells for medical research.''
Many people seem to be getting it, except for Mr. Obama, who clings
to the old hype and the hyperbole concerning the efficacy of embryo-
destroying stem cells. Science has moved on. It's about time the
politicians caught up.
This breakthrough suggests--remember, it's just 2 weeks ago, this
newest breakthrough--that the momentum has decisively, and I hope
irrevocably, swung to noncontroversial stem cell research, like iPS
stem cells, and away from embryo-destroying research.
The lead scientist from the UK was quoted in the BBC saying, ``It is
a step towards the practical use of reprogrammed cells in medicine,
perhaps even eliminating the need for human embryos as a source of stem
cells.''
Time Magazine reports on the efficacy of the advantage of iPS stem
cells saying, ``The induced pluripotent stem cell technology is the
ultimate manufacturing process for cells. It is now possible for
researchers to churn out unlimited quantities of a patient's stem
cells, which can then be turned into any of the cells that the body
might need to repair or to replace.''
Madam Speaker, there was an excellent op ed in the Wall Street
Journal yesterday, which I read just a few paragraphs from, which I
think really highlights and underscores the profound ethical issues we
are facing. It was written by Robert George and Eric Cohen. The title,
the President Politicizes Stem Cell Research. Taxpayers Have a Right to
be Left Out of it.
``Yesterday, President Barack Obama issued an executive order that
authorizes expanded Federal funding for research using stem cells
produced by destroying human embryos. The announcement was classic
Obama--advancing radical policies while seeming calm and moderate, and
preaching the gospel of civility while accusing those who disagree with
the policies of being; `divisive' and even `politicizing science.'
``Mr. Obama's executive order overturned an attempt by President
George W. Bush in 2001 to do justice to both the promise of stem cell
science and the demands of ethics. The Bush policy was to allow the
government to fund research on existing embryonic stem cell lines,
where the embryos in question had already been destroyed. But it would
not fund or in any which incentivize the ongoing destruction of human
embryos.
``For years, this policy was attacked by advocates of embryo-
destructive research. Mr. Bush and the `religious right' were depicted
as antiscience villains and embryonic stem cells scientists were seen
as the beleaguered saviors of the sick. In reality, Mr. Bush's policy
was one of moderation. It did not ban new embryonic-destructive
research, and did not fund new embryo-destroying research either;
`Moderate' Mr. Obama's policy is not. It will promote a whole new
industry of embryo creation and destruction, including the creation of
human embryos by cloning for research in which they are destroyed. It
forces American taxpayers, including those who see the deliberate
taking of human life in the embryonic stage as profoundly unjust, to be
complicit in this practice.
``Mr. Obama made a big point in his speech of claiming to bring
integrity back to science policy, and his desire to remove the previous
administration's ideological agenda from scientific decision-making.
This claim of taking science out of politics is false and misguided on
two counts.
``First, the Obama policy is itself blatantly political. It is red
meat to his Bush-hating base. It pays no more than lip service to
recent scientific breakthroughs,'' that I would note parenthetically, I
and my colleagues have been talking about tonight, ``that makes
possible the production of cells that are biologically equivalent to
embryonic stem cells without the need to create or kill human embryos.
``Inexplicably--apart from political motivations--Mr. Obama revoked
not only the Bush restrictions on embryo-destructive research funding,
but also his 2007 executive order that encourages the National
Institutes of Health to explore non-embryo-destructive sources of stem
cells.
Second, and more fundamentally, the claim about taking politics out
of science is, in the deepest sense, anti-Democratic. The question of
whether to destroy human embryos for research purposes is not
fundamentally a scientific question. It is a moral and civic question
about the proper uses, ambitions, and limits of science; it is a
question about how we will treat members of the human family at the
very dawn of life; our willingness to seek alternative paths to medical
progress that respect human dignity.
``For those who believe in the highest ideals of deliberative
democracy and those who believe we mistreat the most vulnerable human
lives at our own moral peril, Mr. Obama's claim of taking politics out
of science should be lamented, not celebrated.
``In the years ahead, the stem cell debate will surely continue--
raising, as it does, big questions about the meaning of human equality
at the edges of human life, about the relationship between science and
politics, and about how we govern ourselves when it comes to morally
charged issues of public policy on which reasonable people happen to
disagree.
``We can only hope in the years ahead that scientific creativity will
make embryo destruction unnecessary and that, as a society, we will not
pave the way to the brave new world with the best medical intentions.''
Madam Speaker, I just conclude by saying that despite all of the new
and the extraordinary processes in adult stem cell research and
applications, despite these magnificent breakthroughs in induced
pluripotent stem cells, a part of adult stem cells, the Obama
administration and, I am sad to say, the leadership of this House,
remain fixated on killing human embryos for experimentation at
taxpayers' expense.
The alternative has continued and will continue to prove itself to be
highly efficacious. That is to say, adult stem cells. We don't need to
kill human embryos to effectuate cures and to mitigate disease.
With that, I yield back the balance of my time.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Hall of New York (at the request of Mr. Hoyer) for today through
March 16 on account of a death in the family.
Ms. Kosmas (at the request of Mr. Hoyer) for today on account of
attending the shuttle launch in her district.
Mr. Bright (at the request of Mr. Hoyer) for today and March 12 on
account of responding to tragedy in district.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Ms. Woolsey) to revise and
extend their remarks and include extraneous material:)
Ms. Woolsey, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
(The following Members (at the request of Mr. Burton of Indiana) to
revise and extend their remarks and include extraneous material:)
Mr. Poe of Texas, for 5 minutes, March 18.
Mr. Jones, for 5 minutes, March 18.
Mr. Flake, for 5 minutes, today.
Mr. Duncan, for 5 minutes, today.
Mr. Gohmert, for 5 minutes, today.
____________________
BILLS PRESENTED TO THE PRESIDENT
Lorraine C. Miller, Clerk of the House reports that on March 6, 2009
she presented to the President of the United States, for his approval,
the following bill.
H.J. Res. 38. Making further continuing appropriations for
fiscal year 2009, and for other purposes.
Lorraine C. Miller, Clerk of the House also reports that on March 11,
[[Page 7129]]
2009 she presented to the President of the United States, for his
approval, the following bill.
H.R. 1105. Making omnibus appropriations for the fiscal
year ending September 30, 2009, and for other purposes.
____________________
ADJOURNMENT
Mr. SMITH of New Jersey. Madam, Speaker, I move that the House do now
adjourn.
The motion was agreed to; accordingly (at 6 o'clock and 27 minutes
p.m.), the House adjourned until tomorrow, Thursday, March 12, 2009, at
10 a.m.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
827. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone; Boat
Fire Miami Beach Marina [Docket No. USCG-2008-0248] (RIN:
1625-AA00) received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
828. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Vessel EX-YFRT 287, Nantasket Roads, MA [Docket No. USCG-
2008-0247] (RIN: 1625-AA00) received February 26, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
829. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Johns Pass, FL [Docket No. USCG 2008-0236] (RIN: 1625-AA00)
received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
830. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
BAYEX 2008 Full Scale Exercise Phase One Operations; Alameda,
CA. [Docket No.: USCG-2008-0281] (RIN: 1625-AA00) received
February 26, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
831. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone; St.
Thomas Harbor, Charlotte Amalie, U.S.V.I. [Docket No. USCG-
2008-0233] (RIN: 1625-AA00) received February 26, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
832. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Private Wedding Fireworks Display, Gulf of Mexico, Florida.
[Docket No. USCG-2008-0237] (RIN: 1625-AA00) received
February 26, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
833. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Johns Pass, FL [Docket No.: USCG 2008-0280] (RIN: 1625-AA00)
received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
834. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Johns Pass, FL [Docket No. USCG 2008-0232] (RIN: 1625-AA00)
received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
835. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Garden City Container Berth 7 and Ocean Terminal Berths 18
and 19, Savannah River, Savannah, GA [USCG-2008-0259] (RIN:
1625-AA00) received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
836. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone; St.
Thomas Harbor, Charlotte Amalie, USVI. [Docket No.: USCG-
2008-0276] (RIN: 1625-AA00) received February 26, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
837. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Security Zone;
Anacostia River, Washington, DC [Docket No.: USCG-2008-0227]
(RIN: 1625--AA00) received February 26, 2009, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
838. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety zone;
Desert Storm Charity Poker Run and Exhibition Run; Lake
Havasu, AZ [Docket No.: USCG-2008-0273] (RIN: 1625-AA00)
received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
839. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone:
Unlimited Light Hydroplane Tests, Stan Sayres Pits, Lake
Washington, Washington. [Docket No. USCG-2008-0285] (RIN:
1625-AA00) received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
840. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone:
Corrections; Hatteras Boat Parade and Firework Display, Trent
River, New Bern, NC [Docket No.: USCG-2008-0309 (formerly
USCG-2008-0046)] (RIN: 1625-AA00) received February 26, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
841. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone; Lake
Havasu Grand Prix; Lower Colorado River, Thompson Bay, Lake
Havasu City, Arizona [Docket No.: USCG-2008-0304] (RIN: 1625-
AA00) received February 26, 2009, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
842. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone; Gulf
Intracoastal Waterway, Belleair Bridge, FL [Docket No.: USCG
2008-0303] (RIN: 1625-AA00) received February 26, 2009,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Mr. ARCURI: Committee on Rules. H. Res. 235. A resolution
providing for consideration of the bill (H.R. 1262) to amend
the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving
funds, and for other purposes (Rept. 111-36). Referred to the
House Calendar.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:
By Mr. LUCAS (for himself and Mr. Neugebauer):
H.R. 1426. A bill to amend the Clean Air Act to prohibit
the issuance of permits under title V of that Act for certain
emissions from agricultural production; to the Committee on
Energy and Commerce.
By Mr. WAXMAN (for himself, Mr. Pallone, Mr. Deal of
Georgia, and Mrs. Emerson):
H.R. 1427. A bill to amend the Public Health Service Act to
provide for the licensing of biosimilar and biogeneric
biological products, and for other purposes; to the Committee
on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FILNER:
H.R. 1428. A bill to amend title 38, United States Code, to
direct the Secretary of Veterans Affairs to provide wartime
disability compensation for certain veterans with Parkinson's
disease; to the Committee on Veterans' Affairs.
By Ms. WATERS (for herself, Mr. Conyers, Mr. Smith of
Texas, Mr. Scott of Virginia, Ms. Lee of California,
and Mrs. Christensen):
H.R. 1429. A bill to provide for an effective HIV/AIDS
program in Federal prisons; to the Committee on the
Judiciary.
By Mr. PASCRELL (for himself and Mr. Cantor):
H.R. 1430. A bill to amend title XVIII of the Social
Security Act to permit physical therapy services to be
furnished under the Medicare Program to individuals under the
care of a dentist; to the Committee on Energy and Commerce,
and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BISHOP of Utah (for himself, Mr. Shadegg, Mr.
Sullivan, Mr. Boozman, Mr. Jordan of Ohio, Mr.
Gohmert, Mr. Burgess, Mr. Franks of Arizona, Mr.
Akin, Mr. McHenry,
[[Page 7130]]
Mr. Lewis of California, Ms. Foxx, Mr. Herger, Mr.
Boustany, Mr. Pitts, Mrs. Myrick, Mr. Broun of
Georgia, Mr. Radanovich, Mrs. McMorris Rodgers, Mr.
McCarthy of California, Mr. Fleming, Mr. Latta, Mr.
Young of Alaska, Mr. Lamborn, Mr. Bachus, Mr.
Neugebauer, and Mr. McCotter):
H.R. 1431. A bill to stimulate the economy and create jobs
at no cost to the taxpayers, and without borrowing money from
foreign governments for which our children and grandchildren
will be responsible, and for other purposes; to the Committee
on Natural Resources, and in addition to the Committees on
the Judiciary, Energy and Commerce, and Science and
Technology, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mrs. BLACKBURN (for herself, Mr. Coble, Mr.
Marchant, Mr. Herger, and Mr. Pitts):
H.R. 1432. A bill to reduce youth usage of tobacco
products, to enhance State efforts to eliminate retail sales
of tobacco products to minors, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. BOOZMAN:
H.R. 1433. A bill to amend the Internal Revenue Code of
1986 to allow a credit against tax for volunteer
firefighters; to the Committee on Ways and Means.
By Mr. BOOZMAN:
H.R. 1434. A bill to amend the Internal Revenue Code of
1986 to allow a deduction for certain travel expenses of
qualified emergency volunteers; to the Committee on Ways and
Means.
By Mr. COFFMAN of Colorado:
H.R. 1435. A bill to amend the National Trails System Act
to clarify Federal authority relating to land acquisition
from willing sellers for the majority of the trails in the
System, and for other purposes; to the Committee on Natural
Resources.
By Mr. CUELLAR:
H.R. 1436. A bill to provide for the evaluation of
Government programs for efficiency, effectiveness, and
accountability; to the Committee on Oversight and Government
Reform.
By Mr. CUELLAR:
H.R. 1437. A bill to establish a Southern Border Security
Task Force to coordinate the efforts of Federal, State, and
local border and law enforcement officials and task forces to
protect United States border cities and communities from
violence associated with drug trafficking, gunrunning,
illegal alien smuggling, violence, and kidnapping along and
across the international border between the United States and
Mexico; to the Committee on Homeland Security, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FORTENBERRY:
H.R. 1438. A bill to prohibit any Federal agency or
official, in carrying out any Act or program to reduce the
effects of greenhouse gas emissions on climate change, from
imposing a fee or tax on gaseous emissions emitted directly
by livestock; to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. ISRAEL:
H.R. 1439. A bill to hold the surviving Nazi war criminals
accountable for the war crimes, genocide, and crimes against
humanity they committed during World War II, by encouraging
foreign governments to more efficiently prosecute and
extradite wanted criminals; to the Committee on the
Judiciary, and in addition to the Committee on Foreign
Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. LoBIONDO (for himself, Mr. Young of Alaska, and
Mr. Olson):
H.R. 1440. A bill to amend title 46, United States Code, to
improve maritime law enforcement; to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. MARCHANT (for himself, Mrs. Emerson, Mr.
Sessions, Ms. Granger, Mr. Braley of Iowa, and Mr.
Ortiz):
H.R. 1441. A bill to amend title XIX of the Social Security
Act to allow States to permit certain Medicaid eligible
individuals who have extremely high annual lifelong orphan
drug costs to continue on Medicaid notwithstanding increased
income; to the Committee on Energy and Commerce.
By Mr. MATHESON:
H.R. 1442. A bill to provide for the sale of the Federal
Government's reversionary interest in approximately 60 acres
of land in Salt Lake City, Utah, originally conveyed to the
Mount Olivet Cemetery Association under the Act of January
23, 1909; to the Committee on Natural Resources.
By Ms. MATSUI (for herself, Mrs. Tauscher, Mrs.
Maloney, and Mr. Wu):
H.R. 1443. A bill to ensure that all users of the
transportation system, including pedestrians, bicyclists,
transit users, children, older individuals, and individuals
with disabilities, are able to travel safely and conveniently
on and across federally funded streets and highways; to the
Committee on Transportation and Infrastructure.
By Mr. McDERMOTT (for himself, Mr. Moran of Virginia,
Mr. Ruppersberger, Mr. Kennedy, and Mr. Van Hollen):
H.R. 1444. A bill to establish the Congressional Commission
on Civic Service to study methods of improving and promoting
volunteerism and national service, and for other purposes; to
the Committee on Education and Labor.
By Mr. McHENRY:
H.R. 1445. A bill to amend the Securities Exchange Act of
1934 to require nationally registered statistical rating
organizations to provide additional disclosures with respect
to the rating of certain structured securities, and for other
purposes; to the Committee on Financial Services.
By Ms. NORTON:
H.R. 1446. A bill to amend title 40, United States Code, to
authorize the National Capital Planning Commission to
designate and modify the boundaries of the National Mall area
in the District of Columbia reserved for the location of
commemorative works of preeminent historical and lasting
significance to the United States and other activities, to
require the Secretary of the Interior and the Administrator
of General Services to make recommendations for the
termination of the authority of a person to establish a
commemorative work in the District of Columbia and its
environs, and for other purposes; to the Committee on Natural
Resources.
By Mr. PITTS (for himself, Mrs. Myrick, Ms. Baldwin,
Mr. Paul, and Mr. Gerlach):
H.R. 1447. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income gain on the sale or
exchange of farmland development rights; to the Committee on
Ways and Means.
By Mr. RODRIGUEZ (for himself, Mr. Teague, Ms.
Giffords, Mr. Ortiz, Mr. Hinojosa, Mr. Grijalva, Mr.
Filner, Mr. Edwards of Texas, Mr. Gene Green of
Texas, Mr. Cuellar, and Mr. Reyes):
H.R. 1448. A bill to authorize the Secretary of Homeland
Security and the Attorney General to increase resources to
identify and eliminate illicit sources of firearms smuggled
into Mexico for use by violent drug trafficking organizations
and for other unlawful activities by providing for border
security grants to local law enforcement agencies and
reinforcing Federal resources on the border, and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committees on Homeland Security, and Foreign Affairs,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
By Mr. ROE of Tennessee:
H.R. 1449. A bill to amend the Internal Revenue Code of
1986 to repeal the qualification standard for exterior
windows, doors, and skylights; to the Committee on Ways and
Means.
By Mr. ROGERS of Michigan (for himself, Mr. Gene Green
of Texas, Mr. Buyer, Mr. Upton, and Mr. Burgess):
H.R. 1450. A bill to amend the Federal Food, Drug, and
Cosmetic Act with respect to counterfeit drugs, and for other
purposes; to the Committee on Energy and Commerce, and in
addition to the Committee on the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. SHUSTER (for himself and Mr. Brady of
Pennsylvania):
H.R. 1451. A bill to amend title 23, United States Code, to
allow an exception for the weight limits for certain towing
trucks; to the Committee on Transportation and
Infrastructure.
By Mr. STUPAK (for himself and Mr. Burgess):
H.R. 1452. A bill to require the Secretary of Health and
Human Services to enter into negotiated rulemaking to
modernize the Medicare part B fee schedule for clinical
diagnostic laboratory tests and to amend title XVIII of the
Social Security Act to adjust the fee for collecting
specimens for clinical diagnostic laboratory tests under the
Medicare Program; to the Committee on Energy and Commerce,
and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. TERRY:
H.R. 1453. A bill to amend the Internal Revenue Code of
1986 to extend and expand the homebuyer tax credit; to the
Committee on Ways and Means.
By Mrs. MALONEY (for herself, Mr. Bilirakis, Mr.
Pallone, Mr. Royce,
[[Page 7131]]
Mr. McGovern, Ms. Tsongas, Mr. Brown of South
Carolina, Mr. Space, Mr. Kennedy, Mr. Sarbanes, Mr.
Frank of Massachusetts, Mr. Duncan, and Ms. Berkley):
H. Res. 236. A resolution urging Turkey to respect the
rights and religious freedoms of the Ecumenical Patriarchate;
to the Committee on Foreign Affairs.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 22: Ms. Linda T. Sanchez of California, Mr. Gene Green
of Texas, Mr. McMahon, Mr. Doggett, Mr. Hall of Texas, Mr.
Hinojosa, Mr. Blumenauer, Mr. Davis of Tennessee, Mr.
Matheson, Ms. Eshoo, Mr. Souder, Mr. Mitchell, and Ms.
Richardson.
H.R. 59: Mr. Hastings of Florida and Mr. Clay.
H.R. 154: Mr. Rogers of Michigan and Mr. Schauer.
H.R. 155: Mr. Boswell, Mr. Wilson of South Carolina, and
Mr. McCotter.
H.R. 173: Mr. Minnick.
H.R. 182: Mr. Pastor of Arizona and Mr. Ortiz.
H.R. 226: Mr. Arcuri.
H.R. 302: Mr. Boucher and Mr. Kingston.
H.R. 303: Ms. Ros-Lehtinen and Mr. Mica.
H.R. 336: Mr. Jackson of Illinois and Ms. Hirono.
H.R. 345: Mr. Souder, Mr. Carney, Mr. Welch, and Mr. Baird.
H.R. 347: Mr. Nunes, Mr. McClintock, Mr. McKeon, Mr.
Rohrabacher, Mr. Herger, Ms. Waters, Mr. Ruppersberger, Ms.
Velazquez, Mr. Baca, Ms. Linda T. Sanchez of California, Mr.
Hinojosa, Ms. Matsui, Mr. Michaud, Mr. Stark, Ms. Richardson,
Mr. Issa, Mr. Blumenauer, and Mr. Pallone.
H.R. 406: Mr. Lujan, Mr. Ortiz, Mr. Polis, Mr. Israel, Ms.
Watson, Mr. Meek of Florida, and Ms. Titus.
H.R. 442: Mr. Minnick.
H.R. 450: Mr. Poe of Texas.
H.R. 510: Mr. Gordon of Tennessee and Mr. Massa.
H.R. 537: Mr. Rothman of New Jersey and Mr. Visclosky.
H.R. 577: Ms. Slaughter.
H.R. 666: Mr. Polis and Mr. Boren.
H.R. 667: Mr. McMahon and Ms. Bordallo.
H.R. 716: Mr. Driehaus and Ms. Zoe Lofgren of California.
H.R. 764: Mr. Akin.
H.R. 864: Mr. McIntyre.
H.R. 877: Mr. Miller of Florida, Ms. Foxx, and Mr. Smith of
New Jersey.
H.R. 881: Mr. Garrett of New Jersey, Mr. Alexander, and Mr.
Petri.
H.R. 903: Mr. Space, Ms. Kilroy, and Mr. Holden.
H.R. 913: Mr. Yarmuth and Mr. Capuano.
H.R. 930: Mr. Latham, Mr. Wolf, and Ms. Baldwin.
H.R. 934: Mr. Faleomavaega, Mr. Pierluisi, Mr. Rahall, Mrs.
Christensen, Mr. Abercrombie, and Mr. Pallone.
H.R. 953: Mr. Latta.
H.R. 964: Mr. Terry.
H.R. 968: Mr. Lincoln Diaz-Balart of Florida.
H.R. 981: Mrs. Capps, Mr. Holt, and Mr. Kucinich.
H.R. 998: Mr. Boehner, Mr. Miller of Florida, and Mr.
Putnam.
H.R. 1016: Mr. Tim Murphy of Pennsylvania, Mr. Smith of
Washington, Mr. Braley of Iowa, and Mr. Al Green of Texas.
H.R. 1020: Mr. Connolly of Virginia.
H.R. 1023: Mr. Manzullo.
H.R. 1026: Mr. Goodlatte.
H.R. 1050: Mr. Alexander, Mr. Jones, Mr. Chaffetz, Mr.
Coffman of Colorado, and Mr. Boozman.
H.R. 1064: Ms. Matsui, Mr. Butterfield, Mr. Sablan, and Mr.
Kildee.
H.R. 1067: Mr. Michaud and Mr. Gonzalez.
H.R. 1079: Mr. Boren, Mr. Goodlatte, Mr. Moran of Virginia,
and Mr. Wolf.
H.R. 1126: Mr. Higgins, Mr. Loebsack, Mr. McDermott, Mr.
Bishop of New York, and Mr. Hare.
H.R. 1136: Mr. Perlmutter, Mr.Boren, Mr. Langevin and Mr.
Doyle.
H.R. 1156: Mr. Roskam.
H.R. 1158: Mr. Smith of Nebraska and Mr. Loebsack.
H.R. 1166: Mr. Davis of Alabama.
H.R. 1176: Mr. McCarthy of California and Mr. Bilirakis.
H.R. 1189: Ms. Schakowsky and Mrs. Capps.
H.R. 1194: Mr. Patrick J. Murphy of Pennsylvania, Mr. Lewis
of Georgia, Mrs. Blackburn, Mr. Clay, and Mr. Lynch.
H.R. 1204: Mr. Wamp, Mr. Skelton, and Mr. Rogers of
Kentucky.
H.R. 1207: Mr. Grayson and Mr. Marchant.
H.R. 1210: Mr. Platts, Mr. Burgess, Mr. Tiberi, Mr. Wolf,
Ms. Speier, Mr. Altmire, Mr. Brady of Pennsylvania, Mr. Davis
of Illinois, and Ms. Titus.
H.R. 1220: Mr. Simpson.
H.R. 1228: Mr. Manzullo.
H.R. 1234: Mr. Platts.
H.R. 1238: Mrs. Myrick.
H.R. 1255: Mr. Olver, Mr. Barrow, Mr. Gutierrez, Mr.
Grijalva, and Mr. Culberson.
H.R. 1261: Mr. Whitfield.
H.R. 1269: Mr. Barton of Texas, Mr. Jones, and Mr. Pitts.
H.R. 1270: Mr. Johnson of Georgia, Mr. Tonko, and Mrs.
Lowey.
H.R. 1279: Mr. Rooney.
H.R. 1289: Mr. Scott of Georgia.
H.R. 1292: Mr. Goodlatte.
H.R. 1300: Mr. McCotter, Mr. Terry, Mr. Jones, and Mr.
Pitts.
H.R. 1302: Mr. Sestak.
H.R. 1305: Mr. Sam Johnson of Texas, Mr. Latta, and Mr.
Rogers of Kentucky.
H.R. 1317: Mr. Rooney, Mr. Young of Alaska, and Mr.
Gerlach.
H.R. 1319: Ms. DeGette.
H.R. 1332: Ms. Clarke, Mr. Schiff, Mr. Pitts, Mr. Davis of
Tennessee, and Mr. Rooney.
H.R. 1349: Ms. Kosmas, Ms. Kaptur, and Mr. Al Green of
Texas.
H.R. 1362: Ms. Lee of California, Mr. Taylor, Mr. Bishop of
Georgia, Mrs. Lummis, Mrs. Emerson, and Mr. Andrews.
H.R. 1392: Mr. Meek of Florida.
H.R. 1403: Mrs. Emerson.
H.R. 1406: Mr. LaTourette.
H.R. 1410: Mr. Ellison.
H.R. 1414: Mrs. Blackburn, Mr. Gohmert, Mr. Chaffetz, Mr.
Broun of Georgia, Mr. Conaway, Mr. Gingrey of Georgia, Mr.
Culberson, Mr. Manzullo, Mr. Wamp, Mr. Latta, Ms. Fallin, Mr.
McHenry, Mr. Bishop of Utah, Mr. McClintock, Mr. Pitts, Mr.
Bartlett, Mr. Shadegg, Mr. Franks of Arizona, Mr. Burton of
Indiana, and Mr. King of Iowa.
H. Con. Res. 29: Mr. Lamborn, Mrs. Blackburn, and Mr.
Hensarling.
H. Con. Res. 36: Ms. Jackson-Lee of Texas.
H. Con. Res. 60: Ms. Schakowsky.
H. Con. Res. 63: Mr. Kucinich.
H. Con. Res. 64: Mr. Bishop of Georgia and Mr. Pascrell.
H. Res. 81: Mr. Thompson of Mississippi and Mr. Gerlach.
H. Res. 111: Mr. Tiahrt, Mr. Lance, Mr. Walz, Mr. Kline of
Minnesota, Mr. Brown of South Carolina, Mr. Arcuri, Mr.
Tanner, and Mr. Ryan of Ohio.
H. Res. 156: Mr. Franks of Arizona.
H. Res. 178: Mr. Abercrombie.
H. Res. 185: Mr. Patrick J. Murphy of Pennsylvania, Mr.
Spratt, Mr. Filner, Mr. Rooney, Mr. Schauer, and Mr. Cooper.
H. Res. 223: Mr. Marchant, Mr. Cao, and Mr. Gallegly.
H. Res. 224: Mr. Peters, Mr. Olson, Mr. Wexler, Ms.
Bordallo, Mr. Snyder, Mr. Ehlers, Mr. Wu, Ms. Edwards of
Maryland, Mr. McNerney, Mr. Hare, Ms. Eddie Bernice Johnson
of Texas, and Mr. Sestak.
H. Res. 226: Ms. Edwards of Maryland, Mr. Levin, Ms. Eshoo,
and Mr. Ackerman.
____________________
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED
TARIFF BENEFITS
Under clause 9 of rule XXI, lists or statements on congressional
earmarks, limited tax benefits, or limited tariff benefits were
submitted as follows:
The Amendment No. _ to be offered by Mr. Oberstar of
Minnesota, or his designee, to H.R. 1262 does not contain any
congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(d), 9(e), or 9(f) of
Rule XXI.
[[Page 7132]]
EXTENSIONS OF REMARKS
____________________
EXPRESSING SUPPORT FOR THE PEOPLE OF EL SALVADOR
______
HON. CONNIE MACK
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. MACK. Madam Speaker, I rise today to express my support for the
people of El Salvador as they head to the polls this weekend to elect a
new president.
Over the past years, the people of El Salvador have shown great
resilience as they transformed their economy. From the privatization of
state enterprises, to trade and financial liberalization, to the
adoption of the United States dollar as its official currency, El
Salvador and its people have chosen freedom and prosperity over
communism and repression.
Madam Speaker, the relationship between the people of El Salvador and
of the United States has been a strong one. The Salvadorian government
was a faithful ally in the war in Iraq where they once had as many as
6000 soldiers supporting Operation Iraqi Freedom.
We in the United States also have stood by our friends in El
Salvador. For example, through the Millennium Challenge Corporation, El
Salvador is currently receiving $461 million of investment in projects
including education, public services, agricultural production, rural
business development, and transportation infrastructure.
In addition, El Salvador receives nearly $4 billion a year in
remittances--almost 20% of its annual gross domestic product--from
several million Salvadorans living in the United States.
And, even more important for our national security interests is that
El Salvador is host to the United States Navy's primary Forward
Operating Location (FOL) in Central America which is used to monitor
and intercept drug traffic.
Madam Speaker, these examples reveal why this approaching election is
so fundamental, and why it will have a great impact on the future
direction of El Salvador and the relationship with the United States.
The two primary presidential candidates are Rodgrigo Avila of the
National Republican Alliance (ARENA) party and Mauricio Funes of the
Farabundo Marti National Liberation Front (FMLN) party.
Madam Speaker, the FMLN is a party that was formed from communist
guerrillas that fought against the El Salvador government in one of the
last battles in the Cold War. Nearly 70,000 people were killed during
the 12-year war in El Salvador and brutal atrocities were committed by
the FMLN.
Today the FMLN and its communist candidates--with funding from
Venezuela's President Hugo Chavez--have fought hard to manipulate the
democratic process in El Salvador in order to take at the ballot box
what they couldn't by force.
The FMLN has actively worked to undermine United States policy in the
region by, among other things, openly supporting terrorist
organizations such as the FARC in Colombia. And the FMLN candidate for
vice president, Sanchez Ceren, is a known militant and guerrilla
commander who staunchly opposes the United States.
Should the FMLN win this Sunday, El Salvador likely would quickly
become a satellite and proxy of Venezuela, Russia, and perhaps Iran.
While we must always work and stand with our allies in the region, a
government in El Salvador that is run by the FMLN and its cronies would
clearly undermine the good relationship the current government in El
Salvador has with the United States.
Our close relationship with El Salvador is based on mutual respect
for freedom and the rule of law. This relationship has allowed our
people and our governments to work together in the past several years
towards common goals.
As we look to the future, we must weigh the potential ramifications
of this election and its impact on our relations--more importantly, the
longstanding and open policies related to TPS and the flow of
remittances.
Madam Speaker, the stakes are high this weekend for the people of El
Salvador. As they go to the polls to select their next president and,
more importantly, the future direction of their nation, I urge them to
reject the FMLN and the failed ideas of the past.
____________________
EARMARK DECLARATION
______
HON. STEVEN C. LaTOURETTE
of ohio
in the house of representatives
Wednesday, March 11, 2009
Mr. LaTOURETTE. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of H.R. 1105, the Omnibus
Appropriations Act of 2009.
Requesting Member: Congressman Steven C. LaTourette
Bill Number: H.R. 1105
Account: Elementary & Secondary Education
Legal Name of Requesting Entity: Partnership for Education
Address of Requesting Entity: 3441 North Ridge West, Ashtabula, Ohio
44005 USA
Description of Request: Provide an earmark of $285,000 for academic
enrichment activities across all seven Ashtabula County school
districts. Partnership for Education is a 503(c) organization that was
created in 1999 from the collaboration and commitment among local
community and stakeholder support groups, primarily the Civic
Development Corporation of Ashtabula County, the Ashtabula Foundation,
the Ashtabula County Education Partnership, and the Growth Partnership
Education Committee, to improve student learning and support
professional development to help schools improve their planning and
deployment capabilities. Approximately, $211,000 is for program
implementation, $66,500 is for materials and supplies, and $7,500 is
for auditing and program evaluation. The Civic Development Corporation
of Ashtabula County has pledged $500,000; the Ashtabula Foundation has
committed $75,000.
____________________
EARMARK DECLARATION
______
HON. MARK E. SOUDER
of indiana
in the house of representatives
Wednesday, March 11, 2009
Mr. SOUDER. Madam Speaker, pursuant to the House Republican standards
on earmarks, I am submitting the following information regarding
earmarks I received as part of H.R. 1105--Omnibus Appropriations Act,
2009
Member: Rep. Mark Souder
Bill: H.R. 1105--Omnibus Appropriations Act, 2009
Project Name: Clinton Street Bridge Replacement
Entity: City of Fort Wayne
Address: 1 Main Street, Fort Wayne, IN 46802-
Amount: $2,000,000
Justification for use of federal taxpayer dollars: Fort Wayne is the
terminus of U.S. Route 27, known locally as Clinton Street as the
highway winds through downtown. As a federal highway and a historic
highway as designated by the Indiana House of Representatives, this
roadway should be supported with local, state, and federal resources.
Each day, almost 27,000 cars drive along Clinton Street and cross over
the St. Mary's River on an obsolete 1964 bridge that has growing
maintenance costs and a sufficiency rating of 64.6 out of 100, which
merits concern. Further, poor decisions during its initial construction
have led to debris traps in front of the piers that support the
structure, blocking water passage and limiting any possible
recreational use of the river. The project is necessary to repair
essential infrastructure and the economic development of the region.
Finance Plan: The city will finance 20 percent of the project, a
total of $1.62 million, while additional funding of $1.42 million was
approved in the Fiscal Year 2008 Transportation, Housing and Urban
Development, and Related Agencies Appropriations bill. The total cost
of the project is estimated at $8.1 million. These funds will be used
for the replacement of the bridge over the St. Mary's River in downtown
Fort Wayne.
[[Page 7133]]
Member: Rep. Mark Souder
Bill: H.R. 1105--Omnibus Appropriations Act, 2009
Project Name: Watersystems/Wellcare-
Entity: Water Systems Council
Justification for use of federal taxpayer dollars: Clean drinking
water is essential for a community to flourish. The use of federal
funds in this program are necessary to protect the well drinking water
of over 21 million American citizens. As a national nonprofit
organization dedicated to ensuring individuals receive safe water from
household wells and small water systems, this organization deals with a
vast constituency and provides essential services that make it possible
for commerce and communities to thrive.
Finance Plan: The funds in this program will go to provide clean
water for over 21 million Americans.
____________________
EARMARK DECLARATION
______
HON. PETER J. ROSKAM
of illinois
in the house of representatives
Wednesday, March 11, 2009
Mr. ROSKAM. Madam Speaker, pursuant to the House Republican standards
on earmarks, I am submitting the following information regarding
earmarks I received as part of H.R. 1105, FY2009 Omnibus Appropriations
Act:
Requesting Member: Congressman Peter Roskam
Bill Number: H.R. 1105
Account: Department of Education, National Projects, Safe Schools and
Citizenship Education, Economic Education Exchange Program
Legal Name of Requesting Entity: Center for Civic Education
Address of Requesting Entity: 5145 Douglas Fir Road, Calabasas, CA
91302
Description of Request: I rise in support of funding I helped secure
in H.R. 1105, the FY09 Omnibus Appropriations Act of 2009, for the
Cooperative Education Exchange Program activities under the Education
for Democracy Act. The Cooperative Education Exchange Program in
economics is an important one that provides American educators the
opportunity to join their counterparts from countries making the
transition to a market economy. This provides these emerging areas with
the benefit of assistance to education leaders in those foreign
countries. It also provides the tremendous opportunity for us to have a
voice in shaping these rising economies, and enabling us to think
afresh about our own system, giving us the added benefit of enhanced
critical self-evaluation. I am proud to support this program that has
cast a wide influence--teachers and students from 43 states and DC have
been able to engage teachers and students from more than 30 emerging
democracies on the principles and institutions of a market economy and
their interaction with a democracy.
____________________
HONORING THE CAMELOT NEIGHBORHOOD WATCH PROGRAM
______
HON. GERALD E. CONNOLLY
of virginia
in the house of representatives
Wednesday, March 11, 2009
Mr. CONNOLLY of Virginia. Madam Speaker, I rise today to honor the
Camelot Neighborhood Watch Program (CNWP) of Fairfax County, Virginia.
In the 30 years since its inception, the CNWP has achieved great
success, helping lower the general crime rate in its community. As the
former Chairman of the Fairfax County Board of Supervisors, I can
personally attest to the program's accomplishments.
The CNWP boasts the largest number of volunteers in Northern
Virginia. These volunteers have committed themselves to informing local
police of suspicious activities. While it is financially and
logistically impossible to place a police officer on every street
corner, the CNWP has provided Fairfax County with an effective
alternative. CNWP volunteers have become the eyes and ears of local
police, deterring crime and saving taxpayers millions of dollars.
Those who take the time to cast a watchful eye on their surroundings
ensure a safer, friendlier place to live. Through committed
neighborhood watch, CNWP participants have proven that community
involvement can make a difference.
It is important to note that CNWP has embraced neighborhood
diversity. Participants have bridged culture and language gaps in the
name of collective security. By recognizing shared community values,
the CNWP has facilitated improved understanding and relations between
individuals from a variety of backgrounds.
One of the greatest assets of the CNWP is its ability to bring
neighbors together. In that spirit I am proud to recognize Mr. Paul
Cevey, CNWP founder and Coordinator for the first 12 years; Mr. Dave
Shonerd, his successor who for the next 11 years continued to mold the
program into the great success it is today; and Mr. Frank Vajda who
continues the great CNWP tradition.
Years of CNWP success have merited several notable accolades. The
Fairfax County Mason District Police Department has recognized the CNWP
as one of the most effective crime reduction units in the county. The
Virginia Crime Prevention Association has recognized the CNWP as the
Best Neighborhood Watch in Virginia.
The CNWP is the oldest, continuously active Neighborhood Watch Group
in the United States. This highly accomplished neighborhood program
serves as an impressive model for other organizations across the
nation.
Madam Speaker, in closing, I would like to thank the Camelot
Neighborhood Watch Program for 30 years of dedicated service to its
community. Programs like the CNWP are vital in our efforts to combat
crime. I call upon my colleagues to join me in applauding the CNWP's
past accomplishments and in wishing the program continued success in
the many years to come.
____________________
CONGRATULATING TEXAS WESLEYAN UNIVERSITY ON THE RENOVATIONS OF THE
MAXINE AND EDWARD L. BAKER BUILDING
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Wednesday, March 11, 2009
Mr. BURGESS. Madam Speaker, I rise today to congratulate Texas
Wesleyan University on their efforts for the Rosedale Revitalization
Project and the completed renovations of the Maxine and Edward L. Baker
Building.
A historical building located at the corner of Rosedale and Wesleyan
Streets, the $1.2 million renovation of the 5,000 square-foot-space
provides a community meeting room, offices and a cafe. The building has
been named in honor of Maxine and Edward L. Baker, parents of Wesleyan
Trustee Louella Baker Martin. She and her husband Nick Martin, Fort
Worth philanthropists, have been generous supporters of the University.
Ed Baker served as chairman of the Texas Wesleyan Board of Trustees
fifty years earlier and his father, James B. Baker, served as a trustee
beginning in 1894, extending the Baker family commitment to service for
over a century. And with the help of federal funding that I secured
which acted like a down-payment, and local efforts to multiply that
funding, the university is now using the money to renovate locations
like the Baker Building
The project was made possible through the Rosedale Revitalization
Initiative. Founded in 1890 in Fort Worth, Texas Wesleyan University is
a United Methodist institution dedicated to the education of students
in the region and beyond. The University offers a wide range of degrees
for undergraduate and graduate students and educates international
students from 29 countries.
I congratulate Texas Wesleyan University as it continues to progress
as a distinguished and diverse educational institution assisting with
the revitalization efforts of Rosedale Street, and I am proud to
represent them in Congress.
____________________
PERSONAL EXPLANATION
______
HON. ADAM H. PUTNAM
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. PUTNAM. Madam Speaker, on Friday, March 6, 2009, I was not
present for three recorded votes. Please let the record show that had I
been present, I would have voted the following way: rollcall No. 107,
``nay''; rollcall No. 108, ``yea''; rollcall No. 109, ``yea''.
[[Page 7134]]
____________________
HONORING BRIGADIER GENERAL PATRICIA C. LEWIS
______
HON. GERALD E. CONNOLLY
of virginia
in the house of representatives
Wednesday, March 11, 2009
Mr. CONNOLLY of Virginia. Madam Speaker, I rise today to pay tribute
to Brigadier General Patricia C. Lewis. As her 30-year career in the
United States Air Force draws to a close, I would like to draw
attention to some of her accomplishments and contributions to our great
nation.
Brigadier General Patricia C. Lewis is Assistant Surgeon General,
Strategic Medical Plans and Programs, and Chief of the Medical Service
Corps. Educated at the University of Philippines in Manila, she
received a direct commission in the Air Force Medical Service Corps
upon completing her Master's degree. In her distinguished career, she
has served at Headquarters Air Force Material Command as Chief of
Programs and Evaluations in the Office of the Command Surgeon, and at
Headquarters U.S. Air Force as Chief of Personnel, Training and Medical
Programs. She has also served as executive officer to the Air Force
Surgeon General and Director of Medical Operations for Headquarters Air
Force Inspection Agency. Her commands include the 1st Medical Support
Squadron at Langley Air Force Base, Virginia, and 366th Medical Group
at Mountain Home Air Force Base, Idaho. Prior to her current
assignment, General Lewis was Commander of the Air Force Medical
Support Agency, a field operating agency which reports to the Air Force
Surgeon General.
In her career, General Lewis has been awarded a Legion of Merit, a
Defense Meritorious Service Medal, a Meritorious Service Medal with
silver oak leaf cluster, an Air Force Commendation Medal with oak leaf
cluster, and an Air Force Outstanding Unit Award. She was also
recognized in 1994 by an Air Force Commitment to Service Award for her
tireless work with the Medical Service Corps.
General Lewis has served her career with dedication and honor in the
service of her country. Her direct support of medical planning and
programming efforts for the United States Air Force Medical Service has
greatly enhanced the medical capability needed to ensure success in the
war on terrorism. In addition, as the Chief of the Medical Service
Corps, she has directly impacted the careers of hundreds of health care
executives in the Corps and will influence several generations beyond
the tenure of her career.
Madam Speaker, I ask that my colleagues join me in commending
Brigadier General Patricia C. Lewis for her lifetime of hard work in
the service of our country.
____________________
EARMARK DECLARATION
______
HON. J. GRESHAM BARRETT
of south carolina
in the house of representatives
Wednesday, March 11, 2009
Mr. BARRETT of South Carolina. Madam Speaker, pursuant to the
Republican Leadership standards on earmarks, I am submitting the
following information regarding earmarks I received as part of the
House passed version of H.R. 1105.
Requesting Member: Congressman J. Gresham Barrett
Bill Number: H.R. 1105
Provision: Division I, Title I Department of Transportation, Account:
Transportation, Community, and System Preservation Account
Legal Name of Requesting Entity: Clemson University
Address of Requesting Entity: 300 Brackett Hall Box 5702 Clemson
University Clemson, SC 29634
Description of Request: The purpose of this appropriation is to
provide $285,000 in funding for roadway improvements aimed at
addressing current safety concerns for the Clemson University Advanced
Materials Center in Anderson County, SC. Funds will be used principally
for signage and road visibility, particularly at night and during
inclement weather. These improvements are important to the continued
development of the Center, which is dedicated to the research and
development of advanced materials, technology transfer thru IP
migration from the laboratory to the boardroom for everything from
commercial to military applications, and also to support existing
industry. This request is consistent with the intended purpose of
ensuring efficient access to jobs, services, and centers of trade for
the Federal Highway Administration's Transportation, Community, and
System Preservation (TCSP) Program as authorized under Section 1117 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU, Public Law 109-203). The State of South
Carolina has committed $4 million to this project and private industry
has committed an additional $5.3 million.
____________________
EARMARK DECLARATION
______
HON. ED WHITFIELD
of kentucky
in the house of representatives
Wednesday, March 11, 2009
Mr. WHITFIELD. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of the FY 2009 Omnibus.
Requesting Member: Congressman Ed Whitfield
Bill Number: FY 2009 Omnibus
Account: Section 205
Legal Name of Requesting Entity: Nashville Army Corps of Engineers
Address of Requesting Entity: Nashville, TN
Description of Request: The funds will be used for engineering and
design of a dry-dam on the South Fork of the Little Ricer, which would
reduce 100 year flood levels in the City by 2.6-4.9 feet. This will
protect the safety and security of the citizens in the vicinity of the
flood zone. I certify that neither I nor my spouse has any financial
interest in this project.
Requesting Member: Congressman Ed Whitfield
Bill Number: FY 2009 Omnibus
Account: Economic Development Initiatives (EDI)
Legal Name of Requesting Entity: Clinton County, KY
Address of Requesting Entity: 100 South Cross Street, Albany, KY
42602
Description of Request: The funds ($142,500) will be used to
establish a Clinton County Community Senior Wellness Center to serve
the needs of the elderly community to further enhance the quality of
life in the rural community at the Senior Center. The center will serve
as a facility to enable seniors to receive health and educational
services in the community. I certify that neither I nor my spouse has
any financial interest in this project.
____________________
EARMARK DECLARATION
______
HON. JOHN BOOZMAN
of arkansas
in the house of representatives
Wednesday, March 11, 2009
Mr. BOOZMAN. Madam Speaker, pursuant to the House Republican
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of H.R. 1105, FY2009 Omnibus
Appropriations Act:
Requesting Member: Congressman John Boozman
Bill Number: H.R. 1105
Account: EERE
Legal Name of Requesting Entity: University of Arkansas Division of
Agriculture, 2404 North University Avenue, Little Rock, AR 72207;
Arkansas State University College of Agriculture, PO Box 1080, State
University, AR 72647; College of Agricultural and Environmental
Sciences, University of Georgia, 101 Conner Hall, Athens, GA 30602
Address of Requesting Entity: see above
Description of Request: The funding of $1,900,300 will be used to
help industry expand to commercial production of cellulosic ethanol and
to develop viable feedstock production and alternative uses for by-
products.
Requesting Member: Congressman John Boozman
Bill Number: H.R. 1105
Account: Electricity Delivery and Energy Reliability
Legal Name of Requesting Entity: University of Arkansas
Address of Requesting Entity: 119 Ozark Hall, Fayetteville, AR 72701
Description of Request: The funding of $475,750 will be used to
purchase additional testing instrumentation, materials and alternate
energy storage and transmission prototype development for the
University of Arkansas's electric test facility.
____________________
COMMENDING THE OUTSTANDING WOMEN OF SOMERSET COUNTY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. LANCE. Madam Speaker, I rise in honor of National Women's History
Month, and I
[[Page 7135]]
would like to congratulate a number of outstanding women who will be
recognized at the Somerset County's Commission on the Status of Women
awards in New Jersey's Seventh Congressional District.
The Commission presents awards annually in celebration of National
Women's History Month in March. This year there are 17 women being
honored, including entrepreneurs, educators and hometown heroes whose
community service is considered extraordinary.
This year's Education Award winner is Elizabeth Stitley of
Somerville. She currently serves as a supervisor of Allied Health
Programs at Somerset County Technology Institute since 2003.
In this capacity, Elizabeth has spearheaded the growth of the
program, which now offers two full-time, day practical nursing programs
and an evening program. She was instrumental in adding a new skills
laboratory with a task-training center that will soon be equipped with
cameras.
Elizabeth has served as president of the Practical Nurse Educators
Council and of the New Jersey League for Nursing, and received the
league's 2004 President's Award. She also is a member of Sigma Theta
Tau, the international nursing honor society.
I am pleased to congratulate Elizabeth Stitley for her outstanding
efforts and share her good work with my colleagues in the United States
Congress and the American people.
____________________
EARMARK DECLARATION
______
HON. ADAM H. PUTNAM
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. PUTNAM. Madam Speaker:
Requesting Member: Representative Adam H. Putnam
Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
Account: FY09 Financial Services appropriations bill, Small Business
Account
Project Funding Amount: $298,257
Legal Name of Requesting Entity: Florida Department of Citrus
Address of Requesting Entity: Post Office Box 148, Lakeland, FL 33802
Description of Request: In order for small business citrus operations
to remain viable in an ever competitive marketplace and lessen their
reliance on manual labor, an effective mechanical harvesting technology
must be developed. These small business operations are currently at
competitive disadvantage, as they are one of the last sectors for which
mechanization has become an effective alternative. Such technology is
critical for the future economic survival of Florida's small business-
run citrus operations.
For this reason, funding is sought for the benefit of citrus small
business operators, directed to the Florida Department of Citrus, to
continue completion of the development of a mechanical harvesting
abscission compound, through the FY2009 Financial Services and General
Government appropriations bill.
____________________
COMMENDING THE OUTSTANDING WOMEN OF SOMERSET COUNTY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. LANCE. Madam Speaker, I rise in honor of National Women's History
Month, and I would like to congratulate a number of outstanding women
who will be recognized at the Somerset County's Commission on the
Status of Women awards in New Jersey's Seventh Congressional District.
The Commission presents awards annually in celebration of National
Women's History Month in March. This year there are 17 women being
honored, including entrepreneurs, educators and hometown heroes whose
community service is considered extraordinary.
This year's Public Service Award winner is Pamela Ely of Bridgewater.
She is a founding member of the Raritan Valley Habitat for Humanity.
Pamela served on the organization's board of trustees for three years
and as president for three years.
She has been the organization's executive director for the past
decade, and has made substantial contributions to the organization's
growth and success.
I am pleased to congratulate Pamela Ely for her outstanding efforts
and share her good work with my colleagues in the United States
Congress and the American people.
____________________
EL SALVADOR ELECTIONS
______
HON. PAUL C. BROUN
of georgia
in the house of representatives
Wednesday, March 11, 2009
Mr. BROUN of Georgia. Madam Speaker, El Salvador is a good friend and
ally of the United States. After we suffered the attacks of 9-11, most
Salvadorans kept us in their prayers . . . But one group felt
differently.
The Farabundo Marti National Liberation Front (FMLN), an extreme
left-wing party, issued a communique that the U.S., for its policies,
was itself to blame for being attacked. The U.S. Embassy publicly
denounced the FMLN's declaration.
Four days after 9/11, the FMLN had a march in their capital city to
celebrate the attack by Al-Qaeda and to burn the American flag. The
leader of that march was Salvador Sanchez Ceren, who today is the
FMLN's candidate for Vice President. The FMLN political party in El
Salvador supports designated terrorist organizations, such as the FARC
and State Sponsors of Terror, such as Iran and Cuba.
The FMLN has a long history of hostility towards us. If the FMLN
should take power in El Salvador, it will be urgent for Congress to
review our policies in order to assure the national security of the
United States. Under current law, the election of a pro-terrorism party
in El Salvador would have real consequences. Since the 9/11 attacks,
the U.S. has enacted stronger tools to fight terrorism and those who
funnel money to support it.
I want to make clear that these actions would not be punitive; they
are not meant to chastise Salvadorans, but the U.S. will not aid
sponsors of terrorism. We have an obligation to protect the U.S. and
our citizens against those seeking to do us harm.
____________________
HONORING THE SERVICE AND SACRIFICE OF UNITED STATES MARINE CORPORAL
JAVIER ALVAREZ
______
HON. GABRIELLE GIFFORDS
of arizona
in the house of representatives
Wednesday, March 11, 2009
Ms. GIFFORDS. Madam Speaker, I rise today to recognize former United
States Marine Corporal Javier Alvarez, who January of this year was
awarded the Silver Star for his gallantry in Iraq.
As a Squad Leader with the 13th Marine Expeditionary Unit near New
Ubaydi, Iraq, Corporal Alvarez joined other U.S. and Coalition forces
attempting to stem the flow of foreign fighters and insurgents in
Operation STEEL CURTAIN. Corporal Alvarez and his platoon were attacked
by frontal and flanking fire from four, well-fortified enemy positions.
Braving certain peril, Corporal Alvarez courageously led his squad
one-hundred meters through withering automatic weapons fire to
reinforce his Platoon Commander and other Marines. Although wounded,
Corporal Alvarez continued to lead his Marines in close combat with the
enemy, while aiding in the evacuation of other Marines. While reloading
his weapon, an enemy grenade was thrown in the midst of Corporal
Alvarez and his squad. Selflessly and without regard to his own well
being, he grabbed the grenade and began to throw it back at the enemy
when it detonated.
Severely injured by the blast, Corporal Alvarez was evacuated by his
Platoon Sergeant. His valiant efforts and those of his fellow Marines
resulted in the deaths of 18 enemy insurgents and undoubtedly saved the
lives of numerous Marines and Sailors.
His citation reads in part, ``Corporal Alvarez's indomitable spirit,
dauntless initiative and heroism were an inspiration to those with whom
he served. By his outstanding display of decisive leadership, unlimited
courage in the face of heavy enemy fire, and total devotion to duty,
Corporal Alvarez reflected great credit upon himself and upheld the
highest traditions of the Marine Corps and the United States Naval
Service.''
Our Nation owes him a debt of gratitude and remembers his fellow
Marines, Sailors, Soldiers and Airmen who have paid the ultimate price
in Iraq and Afghanistan.
[[Page 7136]]
____________________
COMMENDING THE OUTSTANDING WOMEN OF SOMERSET COUNTY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. LANCE. Madam Speaker, I rise in honor of National Women's History
Month, and I would like to congratulate a number of outstanding women
who will be recognized at the Somerset County's Commission on the
Status of Women awards in New Jersey's Seventh Congressional District.
The Commission presents awards annually in celebration of National
Women's History Month in March. This year there are 17 women being
honored, including entrepreneurs, educators and hometown heroes whose
community service is considered extraordinary.
This year's Management Award winner is Nandita Kamdar of Branchburg.
She is currently vice president at Paulus, Sokolowski & Sartor in
Warren and in charge of the mechanical-engineering department.
Nandita earned her MBA in management from Rutgers. She holds multiple
engineering licenses in New Jersey, Maryland, Pennsylvania and
California.
I am pleased to congratulate Nandita Kamdar for her outstanding
efforts and share her good work with my colleagues in the United States
Congress and the American people.
____________________
MAKE HEALTH CARE A PRIORITY
______
HON. RUSS CARNAHAN
of missouri
in the house of representatives
Wednesday, March 11, 2009
Mr. CARNAHAN. Madam Speaker, yesterday, the New Democrat Coalition
including myself met with President Obama at the White House to discuss
legislative strategy including the looming crisis of health care.
Missourians I represent expect their leaders to talk straight and
provide common-sense solutions. President Obama and the new Congress
have been doing just that. This year we have sought solutions to cover
the more than 47 million Americans without health care.
Already this year we have dramatically increased health care coverage
for low-income and uninsured children.
We've also modernized the health care system to lower costs and save
lives by investing in Health Information Technology systems.
It is reassuring to see that the President's budget puts aside more
than $630 billion over the next 10 years to reform health care, reduce
Medicare overpayments to private insurers, and reduce drug prices. By
tackling this issue we can rein in the high costs that are a drag on
the entire economy.
The commitment by the New Dems and President Obama to health care is
working to not only do the right thing but to ensure America and its
children remain competitive in today's global economy.
____________________
PRESIDENT OBAMA'S EXECUTIVE ORDER ON STEM CELL RESEARCH
______
HON. RON KLEIN
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. KLEIN of Florida. Madam Speaker, this Tuesday marked an historic
day for science and medical research efforts across our country as
President Obama lifted the ban on federally funded stem cell research
enacted in 2001. With this executive order, the President has restored
the federal government's commitment to funding promising medical
research with the potential to treat and cure some of the most
debilitating human diseases.
One of the great promises of stem cells is their potential for use in
developing new therapies for life altering diseases such as cancer,
diabetes, and Parkinson's. Stem cell research offers the hope of a
better life to millions of Americans, and by supporting this research
we will open the door for groundbreaking discoveries at research
facilities like Scripps Florida. The President has been clear that stem
cell research in this country will not be undertaken lightly, and will
only be conducted in the most responsible, ethical manner possible,
with strict guidelines to prevent misuse and abuse.
Funding stem cell research is also a great investment in our future,
not only from a personal health standpoint but from an economical and
cost-efficiency perspective. Finding cures and therapies may reduce the
cost of hospitalization and other expensive components of our health
care system. By increasing our investment in stem cell research, we can
also retain and attract some of the best and brightest scientists that
have, up to now, been stifled by restrictions on which stem cell lines
they may use for their research. The United States has always been a
world leader in science and technology, and with this ban lifted, we
can once again conduct the most cutting-edge research right here in the
U.S. that will bring the next big breakthroughs in the world of
medicine.
From juvenile diabetes to paralysis, the potential of stem cell
research in all of its forms presents one of humanity's greatest leaps
toward the ultimate goal of preserving, prolonging and improving the
quality of our lives. As a strong advocate of this research, I commend
the President for his commitment to funding comprehensive stem cell
research in the United States.
____________________
COMMENDING THE OUTSTANDING WOMEN OF SOMERSET COUNTY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. LANCE. Madam Speaker, I rise in honor of National Women's History
Month, and I would like to congratulate a number of outstanding women
who will be recognized at the Somerset County's Commission on the
Status of Women awards in New Jersey's Seventh Congressional District.
The Commission presents awards annually in celebration of National
Women's History Month in March. This year there are 17 women being
honored, including entrepreneurs, educators and hometown heroes whose
community service is considered extraordinary.
This year's Business Award winner is Ann Minzner Conley, the vice
president of Loss Control Services for Chubb Commercial Insurance.
Ann is the company's executive-liability specialist. She mentors
young adults considering careers in science and engineering, and also
coaches youth soccer and plays on the Basking Ridge Mavericks women's
soccer team.
I am pleased to congratulate Ann Minzner Conley on her outstanding
efforts and share her good work with my colleagues in the United States
Congress and the American people.
____________________
TRIBUTE TO RICHARD M. SCHOELL
______
HON. TIMOTHY V. JOHNSON
of illinois
in the house of representatives
Wednesday, March 11, 2009
Mr. JOHNSON of Illinois. Madam Speaker, I rise today to recognize and
honor Richard M. Schoell, Executive Director of the Office of
Governmental Relations at the University of Illinois. Rick recently
announced his retirement from the University after spending 22 years of
dedicated time and effort ensuring that the University of Illinois
remains one of the premier research institutions in the world.
I have known Rick for every one of those 22 years through my time as
a State Representative in Illinois and as a Member of Congress, where I
have been honored to be able to represent the University of Illinois'
campus at Urbana-Champaign. His work ethic, dedication, and
professionalism have been a reflection of his overall character and he
will be sorely missed, not only on campus, but in my office as well.
Rick, I wish you nothing but the best in your future endeavors. It
has been an absolute pleasure to work with you these past 22 years.
____________________
TRIBUTE TO CAPTAIN MARVIN WESTBERG
______
HON. MIKE COFFMAN
of colorado
in the house of representatives
Wednesday, March 11, 2009
Mr. COFFMAN. Madam Speaker, last Friday, at Ft. Logan National
Cemetery in Colorado, Captain Marvin Westberg was laid to his rest with
full honors. He passed away February 18 at the age of 87.
Captain Westberg attended what is now the University of Northern
Colorado, in Greeley. He then joined the United States Navy, spending
22 years on active duty. He served in both WWII and the Korea War.
After retiring from the United States Navy in 1964, he started a second
long career with United Airlines.
I have spoken to Marv on several occasions. Among the best stories he
told was
[[Page 7137]]
about one instance when he was training a young pilot to fly. Marv
fired up his trademark pipe in the cockpit and gave the trainee a
command, to which the trainee replied, ``Can't see sir, too much smoke,
sir!'' Marv never forgot that the trainee was the elder George Bush.
Marv also witnessed the surrender of Japan from his ship, anchored next
to the USS Missouri in Tokyo harbor, on September 2, 1945.
Madam Speaker, our nation and our liberties are built from the
service of men and women like Captain Marvin Westberg. He contributed
his talents and abilities to our national defense, to our nation's
economy, to our political system, and to the life of his friends and
neighbors. I just wanted to take a small moment to recognize his
service, and his career.
____________________
COMMENDING THE OUTSTANDING WOMEN OF SOMERSET COUNTY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. LANCE. Madam Speaker, I rise in honor of National Women's History
Month, and I would like to congratulate a number of outstanding women
who will be recognized at the Somerset County's Commission on the
Status of Women awards in New Jersey's Seventh Congressional District.
The Commission presents awards annually in celebration of National
Women's History Month in March. This year there are 17 women being
honored, including entrepreneurs, educators and hometown heroes whose
community service is considered extraordinary.
This year's Journalism Award winner is Alice Steinbacher of
Bernardsville, where she is an accomplished writer.
Alice began her career in marketing, radio, advertising, public
relations and publishing in 1970 as marketing assistant at John Blair
and Co. in New York City.
In 1979, she opened her own agency, Steinbacher Advertising.
She published Renaissance Morristown. Alice edits and publishes
Chapter II for the seniors of the Somerset Hills.
I am pleased to congratulate Alice Steinbacher for her outstanding
efforts and share her good work with my colleagues in the United States
Congress and the American people.
____________________
YIMBY AWARD TO STEVEN GARTRELL
______
HON. BARNEY FRANK
of massachusetts
in the house of representatives
Wednesday, March 11, 2009
Mr. FRANK of Massachusetts. Madam Speaker, on Sunday, March 8th, I
had the privilege of addressing one of the most worthwhile
organizations in the district that I am privileged to represent--CAN-
DO. Led by Josephine McNeil, CAN-DO does extraordinarily important work
in trying to get affordable housing of various sorts--rental,
ownership, group homes--placed in the City of Newton, where I live.
This requires a great deal of work, both in compiling together the
finances at a time when money was not adequate for these purposes, and
in dealing with neighborhood resistance which generally turns out to
have been unjustified, but which was nonetheless strong in some cases.
In addition to being able at that event to praise the work of
Josephine McNeil, I had the chance to share the evening's speaking
program with Steven Gartrell, who is just retiring as Director of the
Housing and Community Development program in the City of Newton. He won
the YIMBY Award from the organization: the ``Yes, In My Back Yard!''
honor. As the Community Development Director for the City of Newton for
many years, Steve Gartrell exemplified public service that was
compassionate and responsible. Under his leadership, serving several
mayors, the city spent its community development block grant money
wisely and well. Steve Gartrell did the most good that it was possible
to do with the funds made available to him from the federal government.
I am glad to be able to point to the expenditure of community
development funds under Mr. Gartrell as an example of how government at
the federal level can best enable good work at the local level, and I
congratulate Steve Gartrell for this well-deserved award, and Josephine
McNeil for recognizing him by granting it.
____________________
PERSONAL EXPLANATION
______
HON. ADAM H. PUTNAM
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. PUTNAM. Madam Speaker, on Thursday, March 5, 2009, I was not
present for a recorded vote. Please let the record show that had I been
present, I would have voted the following way:
Roll No. 106--yea.
____________________
EL SALVADOR ELECTIONS
______
HON. DANA ROHRABACHER
of california
in the house of representatives
Wednesday, March 11, 2009
Mr. ROHRABACHER. Madam Speaker, El Salvador is a good friend of the
United States. And after we suffered the attacks of 9/11, most
Salvadorans kept us in their prayers. But one group felt differently.
The FMLN, a pro terrorist, Left wing party in El Salvador, issued a
communique that the U.S., because of its policies, was itself to blame
for being attacked. The U.S. embassy publicly denounced that
declaration, yet the FMLN is now poised to possibly enter into the
government in El Salvador.
Four days after 9/11, the FMLN had a march in their capital city to
celebrate the 9/11 attack by Al-Qaeda and to burn the American flag.
The leader of that march was Salvador Sanchez Ceren, who today is the
FMLN's candidate for El Salvadoran Vice President.
El Salvador's election is on Sunday. If an ally of Al-Qaeda and Iran
comes to power in El Salvador, the national security interests of the
United States will require certain immigration restrictions and
controls over the flow of the $4 billion in annual remittances sent
from the U.S. back home to El Salvador.
Let me note, that my purpose is not to punish Salvadorans, but if a
pro-terrorism government takes power, it will be imperative to review
our policies in order to protect the national security of the United
States.
Statement on United States Policy Regarding the FMLN, Temporary
Protected Immigration Status, Money Transfers and U.S. National
Security
NEW WORLD REALITY OF TERRORISM
The global offensive waged by terror groups against the
United States and the free world obliges our nation to make
strong decisions to help assure our own security.
REMITTANCES AN ISSUE OF U.S. NATIONAL SECURITY
The U.S. government, in permitting or prohibiting
unregulated remittances from the United States to a foreign
country, must concern itself above all with the national
security of the United States.
Policy decisions regarding monetary remittances to foreign
countries must now be evaluated with special attention paid
to the degree of confidence and effective cooperation that
exists with the counterpart government.
It has been determined through a number of official
investigations that some of the same groups that direct
terror campaigns against us and our allies may help finance
those campaigns with money acquired in the United States and
then transferred out of the country.
REMITTANCES DESTINED FOR TERRORIST GROUPS MUST BE BLOCKED AND SEIZED
To fight this threat, tougher laws have been enacted and
effective law enforcement efforts have been able to block and
seize funds originating in the United States that were
destined for foreign terrorist groups. Toward that end,
international and bi-lateral cooperation is of the utmost
importance.
Ample legal precedent exists to shut down U.S.-based
organizations that send money or material support, directly
or indirectly, to terrorist entities, and to seize their
assets. The FBI and Department of the Treasury have done so
on several occasions since the September 11, 2001, terrorist
attacks.
COUNTRY POLICY ON REMITTANCES AND PRO-TERRORIST REGIMES
The country policy regarding the unregulated flow of
remittances should be urgently reviewed and, in most cases,
those remittances must be immediately terminated, if a pro-
terrorist party wins power or enters the government of a
country.
THE FMLN AS A PRO-TERRORIST PARTY
The Farabundo Marti National Liberation Front (FMLN), a
political party in El Salvador, can be considered a pro-
terrorist party because of its support for designated
terrorist organizations, such as the FARC, for state sponsors
of terror, such as Cuba and Iran, and for the public
participation by some of its leaders, including its current
candidate for Vice President, in a pro-Al Qaeda rally where
the U.S. flag was burned,
[[Page 7138]]
this taking place immediately after September 11, 2001. The
U.S. Embassy in El Salvador was forced to condemn the written
public statements related to the September 11th attacks that
were issued by the FMLN and blamed the U.S. for causing
itself to be attacked because of its international policies.
THE ORIGIN OF THE FMLN
The FMLN was created in 1980, with the direct help of Fidel
Castro, as an armed subversive communist organization that
sought the violent overthrow of the Government of El Salvador
in order to replace it with a pro-Castro Marxist-Leninist
regime. After years of armed aggression and terrorism, which
included the murder of four U.S. Marines in El Salvador as
well as other U.S. citizens, the FMLN signed a peace
agreement in 1992 that brought the war to an end and led to
the participation of the FMLN in the political process.
CURRENT ACTIONS OF THE FMLN
The FMLN continues to participate actively in international
gatherings with violent and radical anti-U.S. groups and
terrorist organizations. The FMLN contains clandestine armed
groups that have been linked to violent actions in El
Salvador, including the murder of a policeman and an attack
on a presidential convoy.
The FMLN maintains direct ties with terrorist
organizations. This relationship was confirmed by electronic
records left by the Colombian narco-guerrilla terrorist group
the FARC on a laptop computer used by one of the group's
leaders. The emails found show that a key figure of El
Salvador's FMLN, Jose Luis Merino (alias ``Ramiro''),
assisted the FARC in contacting international arms dealers
for the purpose of obtaining weapons.
Purges in the FMLN have left the party under the complete
control of its most hard-line communist leaders. The FMLN is
also known to organize in the United States among the
Salvadoran immigrant community.
EXCELLENT CURRENT RELATIONS BETWEEN U.S. AND EL SALVADOR
It must be emphasized that the United States has very good
relations with the current government of El Salvador, led by
the party ARENA. This friendship is based on confidence,
shared values, mutually beneficial international policies and
strong personal relationships.
Excellent bi-lateral relations permit a high-level of
cooperation on important national security matters. El
Salvador provides military and intelligence cooperation and
was one of the longest-serving members of coalition that sent
armed forces to post-war Iraq. El Salvador is also a valued
ally in the war on drugs, providing the United States with an
important Forward Operating Location in Central America.
TPS BASED ON EXCELLENT STRATEGIC RELATIONSHIP
In the context of excellent relations and close
cooperation, the U.S. government was able to grant and extend
TPS for the benefit of nearly 300,000 Salvadorans now living
and working in the United States. For similar reasons, the
U.S. government has not had special concerns about the source
and use of the nearly $4 billion in remittances sent last
year by Salvadorans in the United States to their home
country, allowing the free movement of that large sum. The
government of El Salvador has shown itself to be a reliable
and trustworthy counterpart regarding U.S. national security.
CURRENT U.S. POLICY ON REMITTANCES TO EL SALVADOR IS BASED ON A STRONG
STRATEGIC RELATIONSHIP
In the context of excellent relations and close
cooperation, the U.S. government has not had special security
concerns about the source and use of nearly 4 billion dollars
per year (2008) sent by Salvadorans in the United States to
their home country. The current government of El Salvador has
shown itself to be a reliable and trustworthy counterpart
regarding U.S. national security.
FMLN IN GOVERNMENT RADICALLY CHANGES THE EQUATION
If the FMLN enters the government of El Salvador following
the presidential elections scheduled for March 2009, it will
mean a radical termination of the conditions that underlie
the unrestricted movement of billions of dollars a year and
that permitted the granting of TPS in the first place and its
continued renewal. The U.S. government would have no reliable
counterpart to satisfy legitimate national security concerns,
especially those regarding the threat posed by pro-terrorist
groups and the providing of funding for those groups.
FMLN IN GOVERNMENT COULD REQUIRE TERMINATION OF TPS
Therefore, if the FMLN enters the government in El Salvador
it will be necessary for the U.S. authorities to consider all
available information regarding the ties of the FMLN to
violent anti-U.S. groups and designated terrorist groups and,
on that basis, proceed toward the immediate termination of
TPS for El Salvador.
FMLN IN GOVERNMENT COULD REQUIRE CONTROL OF REMITTANCES
In many instances, pro-terrorist groups conduct fundraising
in the United States, and special controls and restrictions
on the flow of funds have been applied where necessary. Given
the pro-terrorist nature of the FMLN and its ties to
designated terrorist groups, if the FMLN enters the
government in El Salvador, it will be urgent to apply special
controls to the flow of remittances from the United States to
El Salvador, a sum that is currently $4 billion per year.
This review would examine and consider the termination of
the flow of money remittances to El Salvador, either from our
country, in our currency, or using our financial system and
our means of land- and space-based telecommunications.
U.S. PROHIBITION ON DESIGNATED FOREIGN TERRORIST ORGANIZATIONS
The U.S. Department of State has expressed the
ramifications, based on U.S. law, of the designation of
foreign terrorist organizations (FTO):
It is unlawful for a person in the United States or subject
to the jurisdiction of the United States to knowingly provide
``material support or resources'' to a designated FTO. (The
term ``material support or resources'' is defined in 18
U.S.C. Sec. 2339A(b)(1) as `` any property, tangible or
intangible, or service, including currency or monetary
instruments or financial securities, financial services,
lodging, training, expert advice or assistance, safehouses,
false documentation or identification, communications
equipment, facilities, weapons, lethal substances,
explosives, personnel (1 or more individuals who may be or
include oneself), and transportation, except medicine or
religious materials.''
18 U.S.C. Sec. 2339A(b)(2) provides that for these purposes
``the term `training' means instruction or teaching designed
to impart a specific skill, as opposed to general
knowledge.'' 18 U.S.C. Sec. 2339A(b)(3) further provides that
for these purposes ``the term `expert advice or assistance'
means advice or assistance derived from scientific, technical
or other specialized knowledge.''
Representatives and members of a designated FTO, if they
are aliens, are inadmissible to and, in certain
circumstances, removable from the United States (see 8 U.S.C.
Sec. Sec. 1182 (a)(3)(B)(i)(IV)-(V), 1227 (a)(1)(A)).
Any U.S. financial institution that becomes aware that it
has possession of or control over funds in which a designated
FTO or its agent has an interest must retain possession of or
control over the funds and report the funds to the Office of
Foreign Assets Control of the U.S. Department of the
Treasury.
FMLN IN GOVERNMENT WOULD FORCE A CHANGE IN U.S. IMMIGRATION PRACTICES
REGARDING EL SALVADOR
Since the 1980s, the United States has maintained a lenient
immigration policy toward Latin Americans, particularly
Central Americans, and has not significantly enforced its
laws. In the past decade, successive Salvadoran governments,
offering Washington credible assurances of security and
intelligence cooperation, have asked the U.S. for continued
leniency toward their citizens who enter and work in the
United States illegally. However, if a pro-terrorist party
enters government in El Salvador that creates a radically
different strategic reality and the U.S. will be compelled to
change its immigration enforcement policy.
PRO-TERRORIST PRACTICES BY FMLN MAKE IT AN UNTRUSTWORTHY COUNTERPART
Based on the intimate relations between the FMLN and narco-
guerrilla FARC terrorist organization in Colombia, if the
FMLN were to enter government in El Salvador, the U.S. will
have no alternative but to apply maximum lawful security
measures to Salvadoran nationals living and working in the
country illegally without valid identification, visas, work
permits, and related papers.
The Department of the Treasury may be forced to use its
legal authority to monitor, control, delay, or terminate the
movement of remittances and other money transfers to El
Salvador, and the Department of Homeland Security may be
compelled to end TPS and to undertake a massive review of
Salvadoran nationals residing in or entering the U.S.
unlawfully.
TO RAPIDLY TERMINATE THE FLOW OF REMITTANCES, HOMELAND SECURITY MUST
PREPARE A CONTINGENCY PLAN
The United States must be prepared to apply, on an urgent
basis, the full array of legal instruments available should
circumstances after the Salvadoran election require the
urgent termination of the flow of remittances to that
country. Under U.S. law and in accordance with our national
security policies, the immediate responsibility for preparing
these plans resides with the Department of Homeland Security,
working in conjunction with the Department of the Treasury
and other agencies of the U.S. government.
FACTS ABOUT THE FMLN LEADERSHIP
Leadership of FMLN is hostile to U.S. FMLN, in power, would
follow anti-U.S. agenda of Venezuela's radical president Hugo
Chavez and join Cuba, Nicaragua, Bolivia, Ecuador, Honduras
in pro-Chavez axis. Flags of Venezuela, Cuba and Iran are
carried at FMLN rallies.
Chavez helps finance FMLN campaign by selling cut-rate
diesel fuel to FMLN's
[[Page 7139]]
``ALBA PETROLEOS''. Reselling the fuel (20% of the diesel
sold in El Salvador) gives FMLN profit estimated at $20 mn.
SALVADOR SANCHEZ CEREN is FMLN's candidate for Vice
President. In 2001, four days after 9-11, Salvador Sanchez
Ceren led march in San Salvador that celebrated attacks by
Al-Qaeda and burned American flags. FMLN issued a communique
that the U.S., for its policies, was itself to blame for
being attacked.
Sanchez Ceren is the FMLN commanding general whose alias
was ``Leonel Gonzalez''. Between 1986 and 1990, he approved
1,200-1,500 assassinations according to investigation
reported by John R. Thomson in the Washington Times (November
2008). Ceren, a hard-core communist, purged party leaders
seen as insufficiently radical. He and Merino dominate (and
if necessary could eliminate) Mauricio Funes, their
figurehead presidential candidate.
JOSE LUIS MERINO (code name ``Ramiro''), de-facto leader of
FMLN, helped arrange the diesel fuel deal with Chavez. In
2005 interview, Merino said El Salvador should model itself
after Chavez's Venezuela, and that USSR was ``one of the most
just'' political systems on earth.
FMLN, like Chavez, is ally of designated terrorist groups
and of state sponsors of terror, including FARC, Cuba and
Iran. FMLN contains clandestine armed groups (BPJ, `El
Limon', BRES), that stage violent actions, killed a
policeman, and attacked presidential convoy.
FARC (Colombian narco-terrorists)
Merino is implicated in arms trafficking with FARC. In raid
on a rebel camp last year, Colombian military seized computer
of FARC leader Raul Reyes. An e-mail from Ivan Marquez, FARC
guerrillas' primary contact with the Venezuelan government,
showed Merino to be the link with certain arms dealers.
IRAN
Chavez introduced FMLN and Iran at meetings in Nicaragua.
With flights from El Salvador to 10 U.S. cities and large
FMLN network in the United States, Salvador would be
important beachhead for Iran, a state sponsor of terror. Iran
opened large embassy in Nicaragua and is building relations
with Honduras.
CUBA
FMLN is close ally of Cuba, a state sponsor of terror.
Castro played key role creating FMLN as an armed
revolutionary force, uniting five Salvadoran extremist groups
under one banner.
____________________
COMMENDING THE OUTSTANDING WOMEN OF SOMERSET COUNTY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. LANCE. Madam Speaker, I rise in honor of National Women's History
Month, and I would like to congratulate a number of outstanding women
who will be recognized at the Somerset County's Commission on the
Status of Women awards in New Jersey's Seventh Congressional District.
The Commission presents awards annually in celebration of National
Women's History Month in March. This year there are 17 women being
honored, including entrepreneurs, educators and hometown heroes whose
community service is considered extraordinary.
This year's Health Services Award winner is Barbara Tofani of
Hillsborough, where she currently works as a registered nurse.
Since 2005, Barbara has been the director of the Hunterdon Regional
Cancer Center in Raritan Township.
As director of The Center for Nursing and Health Careers from 2001-
05, she was responsible for developing and implementing a strategic
plan to address the health care work-force shortage in New Jersey.
I am pleased to congratulate Barbara Tofani for her outstanding
efforts and share her good work with my colleagues in the United States
Congress and the American people.
____________________
SUPPORTING ARKANSAS FIREFIGHTERS
______
HON. JOHN BOOZMAN
of arkansas
in the house of representatives
Wednesday, March 11, 2009
Mr. BOOZMAN. Madam Speaker, I rise today in recognition of America's
firefighters.
Not a day goes by that I don't read or hear a story of the dangers
and sacrifices our firefighters face to protect us. We are so blessed
to have such great men and women who are dedicated to ensuring our
safety.
The work that they do in our communities is an important job that
requires our commitment to help provide funds for resources and
training that enables them to perform their jobs as best as they can. I
have been proud to support Arkansas's firefighters in the past by
helping to secure grant funding and that work will continue.
Last year when the barracks at Fort Chaffee caught fire, our
firefighters braved high winds to contain the fire and protect our
communities. That blaze required the help of numerous firefighters
including men and women who volunteer their time to help keep us out of
harm's way.
According to the National Volunteer Fire Council, the biggest
challenges facing volunteer fire departments and emergency services are
retention and recruitment. We can help ease those hurdles with new
legislation that offers incentives to those who are at the forefront of
fires. The Volunteer Firefighter Recruitment and Retention Act and the
Volunteer Firefighter/EMS Gas Price Relief Act show our appreciation
for the work that is imperative to protecting our rural communities.
Firefighters put their lives on the line for their fellow citizens,
and my appreciation for these Americans who help protect us is
immeasurable. I urge the House Committee on Ways and Means to consider
these bills, and for Congress to offer more support to all of the men
and women who serve our communities with such valor.
____________________
RECOGNIZING NEW SOURCE BROADBAND COMPANY ON THEIR GRAND OPENING AND
RIBBON CUTTING
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Wednesday, March 11, 2009
Mr. BURGESS. Madam Speaker, I stand before you today to recognize New
Source Broadband for their far-sighted provision of high speed Internet
services to rural areas.
New Source Broadband Company is a pioneer in the high speed Internet
industry as they are reaching customers that larger companies have
deemed unprofitable. This company has earned my respect for remembering
that rural communities should not be left behind in the Information
Age. Farmers, ranchers, lake-area inhabitants, and other country
dwellers now have immediate access to online communities and knowledge
databases thanks to the innovation and concern of this company. New
Source Broadband Company will be opening their third office and
continues to expand their service capacity to rural areas.
Madam Speaker, I commend the management and employees of New Source
Broadband Company for the positive professional contribution they have
made to rural communities, notably constituents within the Twenty-Sixth
District of Texas. I warmly congratulate New Source Broadband Company
upon the opening of their third store and wish them continued business
growth.
____________________
HONORING CELE PETERSON ON HER 100TH BIRTHDAY
______
HON. GABRIELLE GIFFORDS
of arizona
in the house of representatives
Wednesday, March 11, 2009
Ms. GIFFORDS. Madam Speaker, it is my great honor to pay tribute
today to Cele Peterson, a resident of Tucson, Arizona who on March 14,
2009, celebrates her 100 birthday.
Ms. Peterson is the founder and owner of a dress store that has been
an integral part of the Tucson business community for generations. But
to call Ms. Peterson a dressmaker or even a businesswoman fails to
capture how important this woman is to countless Southern Arizonans who
have been touched by her kindness and good works.
It is impossible to imagine what Tucson would be like without Ms.
Peterson's presence over these many years. Through her hard work and
generosity, she helped define and shape our city. Her caring spirit and
actions are an inspiration to all of us.
Our world today is very different from the one Ms. Peterson entered
100 years ago, on March 14, 1909. Then, much of Europe was still ruled
by kings and queens. A czar presided over Russia, a sultan based in
Constantinople dominated the Middle East, and William Howard Taft
occupied the White House. In 1909 the first Lincoln-head penny went
into circulation, the Wright Brothers delivered the first military
plane to the army, and
[[Page 7140]]
two American explorers, Robert Peary and Matthew Hansen, declared they
were the first to reach the North Pole.
The year Ms. Peterson was born saw the U.S. Navy open a new base at
Pearl Harbor, a Ford Model T win the first transcontinental motorcar
race, Sir Thomas Lipton begin packaging tea in New York, and the White
Star Line start construction of the Titanic. It was the year Barry
Goldwater, Errol Flynn and Douglas Fairbanks were born and the year the
artist Frederic Remington and the Apache leader Geronimo died.
Ms. Peterson's life-long connection to Arizona began when the State
of Arizona was born, in 1912. As a three-year old girl she moved with
her family to Bisbee, then a thriving mining town. The population of
the entire state in 1912 was around 200,000. Tucson had 14,000
residents and Phoenix--now the fifth largest city in the United
States--had a population of 11,000. The Mexican Revolution had begun
two years earlier and Ms. Peterson recalls climbing the hills around
Bisbee to watch the revolution take place on the other side of the
border.
When Ms. Peterson launched her business in 1930, our country was at
the threshold of the Great Depression and it was not long before her
two business partners backed out of the venture. Ms. Peterson, however,
did not give up. She stuck to it and not only survived, but thrived.
For nearly 80 years, Ms. Peterson's merchandise and designs have been
at the forefront of the fashion world. Her business has endured decades
of ever-changing trends and economic ups and downs.
Today, Cele Peterson's retail store is still going strong in Tucson.
Her daughters are managing the business but Cele still comes to the
store to greet customers and make sure that her tradition of great
service is maintained. Over the years, Ms. Peterson has dressed an
untold number of women from all walks of life. Among them are a host of
well-known celebrities, such as Elizabeth Taylor and Lady Astor.
Ms. Peterson's accomplishments go far beyond the realm of hems,
pleats and necklines. She is a greatly admired and dynamic civic leader
who has had a hand in the establishment of some Tucson's finest
community organizations. She helped found the Arizona Theatre Company,
the Arizona Opera Company, the Tucson Children's Museum and, perhaps
most significantly, Casa de los Ninos. Casa de los Ninos' mission is to
support children and families to both prevent child abuse and treat
children who are victims of abuse. When the unmet needs of abused
children were brought to her attention, Ms. Peterson offered up a
three-bedroom house so that the new organization could begin its work.
When it opened in 1973, it was the first shelter of its kind in the
country.
As Tucson celebrates the 100th birthday of Cele Peterson, it is worth
noting that 2009 also marks the centennial of the birth of Wallace
Stegner. This great writer of the American West once noted that
``creation is a knack which is empowered by practice, and like almost
any skill, it is lost if you don't practice it.''
Cele Peterson never stopped practicing her knack for creation and in
the process she helped build a caring community. For all that she has
done we owe her a tremendous debt of gratitude.
Thank you Cele for setting such a fine example of citizenship for all
of us to follow.
Happy Birthday to you!
____________________
SENDING THE WRONG MESSAGE ON HUMAN RIGHTS
______
HON. FRANK R. WOLF
of virginia
in the house of representatives
Wednesday, March 11, 2009
Mr. WOLF. Madam Speaker, I would like to share with our colleagues an
editorial from yesterday's Washington Post highlighting Secretary of
State Clinton's disappointing start on human rights. In referencing
some of her recent comments, the editorial rightly notes, ``Ms. Clinton
is doing a disservice to her own department--and sending a message to
rulers around the world that their abuses won't be taken seriously by
this U.S. administration.'' Secretary Clinton is sending the wrong
message on human rights.
[From the Washington Post, Mar. 10, 2009]
Some Friends
Secretary of State Hillary Rodham Clinton continues to
devalue and undermine the U.S. diplomatic tradition of human
rights advocacy. On her first foreign trip, to Asia, she was
dismissive about raising human rights concerns with China's
communist government, saying ``those issues can't interfere''
with economic, security or environmental matters. In last
week's visit to the Middle East and Europe, she undercut the
State Department's own reporting regarding two problematic
American allies: Egypt and Turkey.
According to State's latest report on Egypt, issued Feb.
25, ``the government's respect for human rights remained
poor'' during 2008 ``and serious abuses continued in many
areas.'' It cited torture by security forces and a decline in
freedom of the press, association and religion. Ms. Clinton
was asked about those conclusions during an interview she
gave to the al-Arabiya satellite network in Sharm el-Sheikh,
Egypt. Her reply contained no expression of concern about the
deteriorating situation. ``We issue these reports on every
country,'' she said. ``We hope that it will be taken in the
spirit in which it is offered, that we all have room for
improvement.''
Ms. Clinton was then asked whether there would be any
connection between the report and a prospective invitation to
President Hosni Mubarak to visit Washington. ``It is not in
any way connected,'' she replied, adding: ``I really consider
President and Mrs. Mubarak to be friends of my family. So I
hope to see him often here in Egypt and in the United
States.'' Ms. Clinton's words will be treasured by al-Qaeda
recruiters and anti-American propagandists throughout the
Middle East. She appears oblivious to how offensive such
statements are to the millions of Egyptians who loathe Mr.
Mubarak's oppressive government and blame the United States
for propping it up.
The new secretary of state delivered a similar shock in
Turkey to liberal supporters of press freedom, now under
siege by the government of Prime Minister Recep Tayyip
Erdogan. According to the State Department report, ``senior
government officials, including Prime Minister Erdogan, made
statements during the year strongly criticizing the press and
media business figures, particularly following the publishing
of reports on alleged corruption . . . connected to the
ruling party.'' That was an understatement: In fact, Mr.
Erdogan's government has mounted an ugly campaign against one
of Turkey's largest media conglomerates, presenting it with a
$500 million tax bill in a maneuver that has been compared to
Russia's treatment of independent media.
Ms. Clinton was asked by a Turkish journalist what she told
Mr. Erdogan when he complained about the State Department
report. She answered: ``Well, my reaction was that we put out
this report every year, and I fully understand . . . no
politician ever likes the press criticizing them.''
``Overall,'' she concluded, ``we think that Turkey has made
tremendous progress in freedom of speech and freedom of
religion and human rights, and we're proud of that.''
In fact, as the State Department has documented, Turkey is
retreating on freedom of speech. In Egypt, the human rights
situation also is getting worse rather than better. By
minimizing those facts, Ms. Clinton is doing a disservice to
her own department--and sending a message to rulers around
the world that their abuses won't be taken seriously by this
U.S. administration.
____________________
PERSONAL EXPLANATION
______
HON. THOMAS J. ROONEY
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. ROONEY. Mr. Speaker, on rollcall No. 115, I was on the floor and
voting, but due to mechanical error, my vote was not recorded. I would
have voted ``yes.''
____________________
MARY ELLEN ROZZELL
______
HON. SCOTT GARRETT
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. GARRETT of New Jersey. Madam Speaker, I rise today to honor Mary
Ellen Rozzell, former President of the National Association of
Professional Surplus Lines Offices (NAPSLO), who passed away
unexpectedly on March 3, 2009, while attending a NAPSLO conference in
Palm Springs, California.
Mary Ellen was a respected, beloved leader. The President of
Continental/Marmorstein & Malone Insurance Agency in Paramus, New
Jersey, she began working in the insurance business with the
Marmorstein Agency some forty years ago. Mary Ellen served as President
of New Jersey Surplus Lines Association (NJSLA) from 1989-1990, and was
named as NJSLA honoree of the year in 1992 due to her outstanding
contribution to the New Jersey Surplus Lines Industry. She also served
on the New Jersey Insurance Commissioner's Producer Advisory Council,
and with the Juvenile Diabetes Foundation.
Her warmth, openness, honesty and good nature made everyone who met
her feel immediately comfortable. These qualities served
[[Page 7141]]
her very well in life, with family and friends, and in her remarkable
career where she rose through the ranks with hard work and honesty. She
was always prepared for the trials of life and business and the often
difficult decisions required by both. She embraced responsibility,
expected accountability and never failed those who depended on her.
All who knew her benefited by her example.
Her family has established the Mary Ellen Rozzell Foundation for AVM
Research so that friends and colleagues might contribute to
arteriovenous malformation research in Mary Ellen's name.
I extend my sympathy to her family and those close to her. She will
be missed greatly by everyone she touched.
____________________
TRIBUTE TO LLOYD SMITH
______
HON. JO ANN EMERSON
of missouri
in the house of representatives
Wednesday, March 11, 2009
Mrs. EMERSON. Madam Speaker, I rise today to commend and thank my
Chief of Staff, Lloyd Smith, for 28 years of service to the Emerson
family and to the Eighth Congressional District. Since 1981, Lloyd has
served the people of Southern Missouri and the institution of Congress.
In the political landscape of our state, he is a fixture. His name is
inseparable from the term of service first of my late husband Bill
Emerson in Congress from 1981 to 1996 and then, from 1996 until now.
Lloyd has left the ranks of my staff from time to time in order to
give others the benefit of his policy experience and political know-
how. Those lucky to enlist him have never been the worse for it.
To my staff, Lloyd is their leader. He inspires them, rallies them,
guides them and motivates them. He brings out the best in them, and
though he shares in all of their successes he freely gives them all of
the credit.
Though he is important to many people for many reasons, to me Lloyd
is also a great and dear friend. I have long valued Lloyd's strategic
mind, his intellect and his insight--which truly drive our
congressional office. Lloyd thinks in terms of big ideas, but he never
neglects the details. This combination of brave creativity and studious
diligence is rare, and the easy smile and gentle charm of this man from
East Prairie, Missouri, belies the depth of his dedication to the
office.
And in thanking Lloyd for his years of service, I must also express
my deepest gratitude to his wonderful wife, Marlys, and his three
amazing children, Trista, Sam and Tiffany. They have made sacrifices,
too, so their husband and father could work the long, stressful hours
this job demands. They also share the credit for Lloyd's ability to
stay positive and optimistic, week after week, year after year, decade
after decade.
As he moves on to new challenges, I wish Lloyd the very best of luck.
I cannot quantify the immense debt owed to him by Missouri's Eighth
Congressional District, by this nation, and by me for his faithful
service. I commend him to the U.S. House of Representatives today, and
I thank him for his friendship always.
____________________
COMMENDING THE OUTSTANDING WOMEN OF SOMERSET COUNTY
______
HON. LEONARD LANCE
of new jersey
in the house of representatives
Wednesday, March 11, 2009
Mr. LANCE. Madam Speaker, I rise in honor of National Women's History
Month, and I would like to congratulate a number of outstanding women
who will be recognized at the Somerset County's Commission on the
Status of Women awards in New Jersey's Seventh Congressional District.
The Commission presents awards annually in celebration of National
Women's History Month in March. This year there are 17 women being
honored, including entrepreneurs, educators and hometown heroes whose
community service is considered extraordinary.
This year's Social Services Award winner is Barbara Schlichting of
Stockton. She has worked for Somerset Treatment Services in Somerville
for 32 years, first as a counselor, then as a supervisor, and now as
executive director.
Barbara has worked with countless staff and clients to provide
quality and meaningful services in the field of drug and alcohol
counseling and psychiatric services.
She works tirelessly to secure grants for those with tremendous
hardships and runs a successful agency that provides sometimes-
difficult-to-find services. The agency's many counselors over the years
also have benefited from Barbara's knowledge and dedication.
I am pleased to congratulate Barbara Schlichting for her outstanding
efforts and share her good work with my colleagues in the United States
Congress and the American people.
____________________
HONORING THE SAINT JOSEPH COUNTY CHAMBER OF COMMERCE'S 100TH
ANNIVERSARY
______
HON. JOE DONNELLY
of indiana
in the house of representatives
Wednesday, March 11, 2009
Mr. DONNELLY of Indiana. Madam Speaker, today I rise to honor the
Chamber of Commerce of St. Joseph County in celebration of its 100th
anniversary.
The founding fathers of the Chamber of Commerce realized that as a
business community their collective actions would have a much greater
impact than those actions taken individually. In order to make their
community stronger, both locally and nationally, they would need the
business community engaged in all areas of commerce.
Today, the Chamber is immersed in all areas of business, education,
and legislative affairs, and it continues to deeply involve itself in
the community at large. This is critical to Saint Joseph County
residents today, since cities across the land are facing profound
issues such as unemployment, budget cuts, and an increase in school
drop-out rates.
As a response to these challenges, the Chambers of Commerce across
the country have taken on far more active roles within their
communities. While still involved in the important networking events
that encourage collaboration between the current and future generations
of business professionals, the Chamber's role has become far more
participatory in the critical issues facing our community. To this
effect, the Chamber is partnering with the South Bend Community School
Corporation and government officials, as well as with business and
community leaders, to lead the school system in a new, dynamic
direction.
Two years ago, The Chamber formed the Business Growth Initiative,
which proactively addresses and resolves key issues that will help
businesses grow and expand in the city of South Bend. Also, the chamber
recognized the need to retain and attract young professionals in our
community. The Young Professionals Network (YPN) was created to help
address key issues for young professionals living in and relocating to
the area.
Many programs have been initiated and conducted with the Chamber
taking the lead role, such as the Manufacturing Summit, which addressed
the issue of education and the development of a workforce that is
technologically advanced; Green Community initiatives, an
entrepreneurial forum; and the South Bend/Mishawaka Convention and
Visitors Bureau.
Whether it is an issue of advanced business, community, or education,
the Chamber is prepared to make a difference now and for the next 100
years. They continue to advance their community and help its citizens
make a difference by allowing their voices to be heard. Consequently, I
salute the Chamber of Commerce of St. Joseph County on its 100th
anniversary and wish them continued success.
____________________
HONORING THE 150TH ANNIVERSARY OF THE SILVER SPRINGS-MARTIN LUTHER
SCHOOL
______
HON. JIM GERLACH
of pennsylvania
in the house of representatives
Wednesday, March 11, 2009
Mr. GERLACH. Madam Speaker, I rise today to congratulate the Silver
Springs-Martin Luther School on its 150th Anniversary and to recognize
the tremendous dedication of staff, administrators, Board of Trustees
and supporters of this outstanding facility.
Founded in 1859 in Philadelphia with just one dollar and gritty
determination to serve orphaned children, the 36-acre campus in
Plymouth Meeting, Montgomery County provides a home, treatment,
education and a variety of services to very special, traumatized
children and their families.
The extremely dedicated and talented staff at Silver Springs-Martin
Luther School, combined with the excellent foster family care, special
education school and family resource services, help so many wonderful
children
[[Page 7142]]
overcome the steep challenges they face in their early years.
Madam Speaker, I ask that my colleagues join me today in recognizing
the Silver Springs-Martin Luther School for reaching this extraordinary
milestone and in commending the exemplary efforts of the staff,
administrators, Board of Trustees and supporters in providing a
nurturing and healing environment so that children facing long odds can
achieve their full potential.
____________________
TRIBUTE TO MAYOR MIKE
______
HON. JOHN B. LARSON
of connecticut
in the house of representatives
Wednesday, March 11, 2009
Mr. LARSON of Connecticut. Madam Speaker, I rise to honor the memory
of a dear friend and one of Connecticut's most dynamic and charismatic
leaders. He was known universally as Mayor Mike. A great light left us
when Michael J. Peters passed away on January 4, 2009. His engaging
personality, his great sense of humor and his devotion to his city, his
friends and his family, will forever endure.
I was fortunate to know him and to be a direct beneficiary of his
friendship and loyalty. I was equally honored to be at his funeral
surrounded by friends, family and dignitaries, but it was through the
remarks of his sister Geraldine and his son Chris that the essence of
this great and beloved man was captured. Madam Speaker, I submit to the
record of this great Nation these eulogies of Mayor Mike Peters of
Hartford, Connecticut, a great American and a great example of devotion
and service above self, done with a smile.
Eulogy Given by Chris Peters
Good morning. I would first like to say on behalf of my
mother, my brother, my sister and my entire extended family
thank you so much for such a genuine and unbelievable outpour
of support over the last several weeks. Your prayers and well
wishes helped us all get through this difficult time.
My father was an example to us children of what hard work
is and what it takes to raise a family. For most of our
childhood my dad worked two jobs to support our family and to
give us a roof over our heads. His main and most notable
career was as a firefighter but with the schedule being as it
was for a firefighter he had days off that allowed him to
bring in additional income. One such job was delivering oil
for John McCarthy Oil. Although it was against the oil
company's policy, my father would often bring me on
deliveries with him and he would let me hold the nozzle as we
filled the tanks at people's homes. I remember once the tank
had overflowed and I was sprayed from head to toe with fuel .
. . that was the end of that. I think he realized at that
point why there was such a policy but because he worked so
often, any chance he had to hang out with us he took
advantage, even if it meant bringing me to work and dousing
me in a highly flammable liquid.
Having a firefighter as a father was such a cool thing as a
kid. It's most kids' dream to be a firefighter when they grow
up and having him work at Engine 15 right up the street from
where we grew up; I was able to show off all the time. Bring
my friends into the firehouse and look at the trucks and
watch him slide down the pole. He gave us so much to be proud
of way before he ever became the Mayor.
He was an umpire for our little league in the south end (he
had a very tight strike zone by the way) and was instrumental
in organizing fund raisers for the league and helped shape my
love for baseball by making sure my brother David and I were
Yankee fans at a very early age. I've been told (mostly by
him) that he was quite the ball player when he was younger. I
think he was proud of my 4 year career in the McGinley Craffa
little league and he was happy to get 4 more years out of
David, who by the way, was much better than I. Watching a
Yankee game with him on a warm summer night, windows open and
a warm summer breeze blowing in, is something my brother and
I will sorely miss.
His bond with my sister Michelle was something very special
between a daughter and her father. In High School, Michelle
did what a lot of young teenage girls do; she gave our father
a lot of grey hairs. Although we joke about the trouble
Michelle got into, truth is she wasn't all that bad. Now that
I look back on it, it was more the concern my father had for
her and the love he felt for his only daughter. Those years
of rebellion helped shape a very special bond between the two
of them. My father's love and commitment to making sure he
showed her the way helped shape Michelle into the incredible
person she is. A fantastic mother whose children will most
certainly miss their Gampy.
As my brother and sister and I got older my father
transformed into something different. He became our friend,
someone you could tell anything to. He was my best friend,
the person you wanted to do things with, anything, go to a
game, dinner or just drive around the city and talk about
anything.
He married his high school sweetheart Jeannette and if
you're not familiar with their relationship I can tell you
theirs is one of true love and dedication. My mother spent
every day in the hospital over the last 3 months with my
father. She has sacrificed so much to sit with him and root
him on. She is truly a Saint who lost her true love. My heart
will forever be broken for her.
Most of you here today know how he lived. Vibrant, larger
than life, caring, loving and concerned for anyone who needed
help. He loved to laugh and make people laugh. He had an
incredible ability to find the positive in any situation.
Always optimistic with a heart bigger than the city. He kept
his home phone number listed after he became the Mayor, he
would get all kinds of calls at all hours of the day and
night and he would always return the call. No matter how
strange the request. One night around midnight or so, he got
a call from a woman on Yale St. whose cat was stuck in a
tree, she knew my dad was a firefighter and begged him to
call the fire department and get them to her house to
retrieve her cat from the tree. My father calmed her down
from the comfort of his bed, told her the fire department
doesn't really do that sort of thing and she should go to bed
and that her cat will come down on its own and then he asked
her ``by the way, have you ever seen the skeleton of a cat in
a tree before?'' The point was well taken and sure enough he
called her back the next morning and her cat was ok. This was
how he lived, finding humor in situations, compassionate
towards the needs of others no matter how extraordinary the
request. This is how he lived, with a smile on his face and
love in his heart. Now I would like to tell you a little bit
about how he died.
(adlibbed)
I want you all to know that my father died peacefully this
past Sunday surrounded by his family, we were all there and I
believe this gave him great comfort. We believe he is in a
better place now, no longer suffering.
Over the last few days many people have been telling me how
sorry they are about my father's passing but I'm deeply sorry
for all of you as well. I feel like we are all in the same
boat. Not only did my family lose a father, grandfather,
brother, uncle, husband but we all lost a true champion, a
best friend and a confidant. The pain in my heart is no
greater than yours. I know this because he meant so much to
so many and together we will all heal by remembering him as
he was. Happy-go-lucky Mike.
His legacy should be carried out by supporting Hartford,
eating in its restaurants (hint, hint . . . plug) and getting
involved, seeing something that's wrong and doing something
about it. He always said no matter if you live in
Wethersfield or West Hartford, Simsbury or Rocky Hill, this
is your city. We all need to harness his enthusiasm and do
our part no matter how big or small because that's truly what
he would want. God Bless you Dad and Go Hartford.
Eulogy Given by Geraldine Sullivan
There were two princes born on Nov. 14, 1948; Prince
Charles and our prince, Michael Paul Peters, the firstborn
son of Christine and Paul. Michael, Paula, Eleanor, Robert
and I were raised in an apartment down the street, at 189
Campfield Avenue, surrounded by a loving, extended family.
This is the neighborhood where my grandfather owned a tailor
shop, where we attended church before gathering for late
afternoon meals, and where my parents instilled values in
each of us that would carry throughout our lives: the
importance of family, respect, compassion, and humor. Despite
our family's limited resources, envy was not tolerated.
Ultimately, my brother Michael exemplified these values
better than any of us, even though he had his own unique way
of showing it.
At a young age Mike was able to come up with creative
solutions to solve life's most difficult problems. I remember
when Michael first entered kindergarden at Naylor School. On
his way to and from school, there was a group of first grade
thugs who would taunt Mike and threaten him. When he told my
parents about the situation, my father spent the evening
teaching him how to box and defend himself when attacked. It
was a priceless father-son moment. The next day, my father
rushed home from work to hear the news. When asked if he was
bullied again, Mike answered, ``No''. My father proudly
asked, ``Well . . . what happened?'' Mike was equally proud
when he responded, ``I took a different route home from
school''. That was my brother's way throughout his life. He
thought of creative solutions. For example, he worked closely
with Don Walsh to develop Mayor Mike's Companies for Kids,
where they raised $1 million for youth programs in Hartford.
Another one of Mike's greatest attributes was his ability
to treat all people with respect. My father, Paul, was
unusual for his time in his ability to reach across racial
and economic barriers to show respect for others. In fact, he
was so concerned about respect, he enlisted Michael to attend
proms and dances with any girl who had circumstances that
prevented her from having a date. My parents' friends soon
learned of this, so when
[[Page 7143]]
someone's daughter was left without a date to the prom, they
called Paul and Christine. Michael attended proms and dances
all around the region. Even though renting a tux and buying
flowers was difficult on a meager family budget, Mike put on
his tux and attended without complaint. He treated every girl
like she was the prom queen. He always had an amazing gift of
making people feel special, as witnessed by us over the last
few days. Our family has been overwhelmed by the tremendous
outpouring from people of all races, ages, and socioeconomic
backgrounds and their stories about our brother. Throughout
his life, Mike made powerful connections with people because
he treated them with dignity and respect.
A third attribute that I'd like to mention about my brother
was his ability to get the job done. I remember when he had a
paper route, delivering the afternoon paper of the Hartford
Times. Every evening when we sat down to dinner, the phone
rang with people looking for papers that were never
delivered. My father lectured him every night about the
importance of being reliable and having a good work ethic.
Eventually the phone stopped ringing during dinner and my
father was proud that his son finally learned good business
practices. Then one day, my parents were driving home from
work and their car was stopped at the light on the corner of
Preston and Campfield Avenue. When my father looked out the
window, he saw the top of the green city sand box slowly
rise. Michael was hiding inside and peering out at the exact
same moment. They quickly realized that Mike franchised out
his route to ten workers while he laid in a sand box hiding
and still managed to make a profit. As mayor, Mike knew how
to enlist the talents of various people to get the job done.
His work with John Wardlaw, federal agencies, and community
groups resulted in tremendous improvements in the quality of
public housing in Hartford.
There are countless stories about Mike's childhood, his
days as a fireman, and of course, as mayor of Hartford. The
best way to honor him is to share his stories, laugh often,
and live by these same attributes that defined my brother:
love of family, respect for all, and compassion towards
others. One of his favorite sayings was, ``you don't have the
biggest house on the block by tearing everyone else's house
down''. Michael could not stand seeing people treated
unfairly, and at times he took on unpopular political battles
to correct what he felt was wrong. To continue his legacy,
have the courage to stand up against injustice and work
together to make Hartford, this city that Mike loved with his
heart and soul, a place where all people are treated with
dignity and respect.
In closing, I'd like to take a minute to say something, on
behalf of my entire family about the love of Mike's life, our
sister Jeannette. They met in high school and were perfect
for each other from the moment they met. Although he loved to
go out and be social, while she was content sitting home
under a blanket watching her favorite shows, they had deep
love and respect for one another. Jeannette has always been
the light of my brother's life. Her unwavering devotion was
especially obvious over the last three months. She was there
with him, by his side . . . holding his hand . . . praying
with him. In the last few weeks, when he couldn't speak, his
eyes would search the room looking for her, and he only found
peace and comfort when he found her. They're the perfect love
story and she remained by his side until his last moments on
earth. Jeannette, we love you and thank you for making our
brother so happy.
____________________
IN RECOGNITION OF MR. JOHN L. HELGERSON ON THE OCCASION OF HIS
RETIREMENT AFTER 37 YEARS OF DISTINGUISHED PUBLIC SERVICE
______
HON. SILVESTRE REYES
of texas
in the house of representatives
Wednesday, March 11, 2009
Mr. REYES. Madam Speaker, I rise today to pay tribute to a man of
great integrity and an unerring sense of humor, Mr. John Helgerson, on
the occasion of his retirement after 37 distinguished years in the
Intelligence Community.
During the last seven years as CIA Inspector General, John has
demonstrated the unfailing courage, sense of fairness and independent
judgment that Congress envisioned when it created the position of
Inspector General. Under his leadership, the Office of the Inspector
General grappled with some of the thorniest issues in the Intelligence
Community. John is one of those rare few individuals who is always
willing to speak truth to power.
Prior to becoming Inspector General, John served as Chairman of the
National Intelligence Council, Deputy Director of the former National
Imagery and Mapping Agency, now the National Geospatial Agency, and
Deputy Director for Intelligence at CIA. There are few individuals in
the Intelligence Community with as wide-ranging and distinguished
experience as John. Our country is better-informed and safer as a
result of his service.
In his retirement announcement, John noted that the country's first
Inspector General was appointed by General George Washington to be the
``eyes, ears, and conscience of the commander.'' We are truly fortunate
that CIA, and the Intelligence Community as a whole, had John's eyes,
ears and conscience throughout his career. We will miss his
intelligence, insight and honesty.
As Chairman of the Intelligence Committee, I have come to trust and
rely on John's good judgment in a variety of sensitive situations. I
thank him for working with me to ensure that his office and my
committee maintained a professional, productive relationship. I wish
him continued success in all of his future endeavors.
____________________
EARMARK DECLARATION
______
HON. DENNY REHBERG
of montana
in the house of representatives
Wednesday, March 11, 2009
Mr. REHBERG. Madam Speaker, pursuant to the House Republican
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of H.R. 1105, the FY 2009 Omnibus
Appropriations Act:
Requesting Member: Representative Denny Rehberg
The Bill Number: H.R. 1105
The Account: DOJ--COPS Law Enforcement Technology
Project: Missoula Public Safety Operations and Training Center
Amount: $750,000
Description: The entity to receive funding for this project is the
County of Missoula at 200 West Broadway, Missoula, MT 59802. Funding
would be used in development and construction of a multi-use facility
for local law enforcement, fire, and public health agencies.
Requesting Member: Representative Denny Rehberg
The Bill Number: H.R. 1105
The Account: Impact Aid
Project: Heart Butte School District
Amount: $91,000
Description: The entity to receive funding for this project is Heart
Butte School District located at Heart Butte School Road in Heart
Butte, MT 59448. Impact Aid is a program designed to ensure military
children, children residing on Indian lands, and children residing on
federally-owned low rent housing facilities receive a quality education
by helping school districts, which have lost tax revenue as a result of
the federal presence in their district.
____________________
EARMARK DECLARATION
______
HON. WALLY HERGER
of california
in the house of representatives
Wednesday, March 11, 2009
Mr. HERGER. Madam Speaker, Pursuant to the House Republican standards
on earmarks, I am submitting the follow information regarding earmarks
I received as part of H.R. 1105, the Omnibus Appropriations Act, 2009:
Division A--Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2009
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Animal and Plant Health Inspection Service, Salaries and
Expenses
Legal Name of Requesting Entity: California Department of Food and
Agriculture
Address of Requesting Entity: 1220 N Street, Sacramento, CA 95814
Description of Request: Provide an earmark of $581,000 in order to
augment local and state contributions to the California County Pest
Detection Augmentation Program, and would be used to establish dog
teams at strategic locations throughout California. The dog, its
handler, and support staff would perform inspection and investigation
of incoming shipments, as well as the evaluation of the potential for
broad infestation. The California County Pest Detection Augmentation
Program is a locally-led inspection program that focuses on
agricultural and plant material entering the state at its various
points of entry.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Animal and Plant Health Inspection Service, Salaries and
Expenses
Legal Name of Requesting Entity: California Department of Food and
Agriculture
[[Page 7144]]
Address of Requesting Entity: 1220 N Street, Sacramento, CA 95814
Description of Request: Provide an earmark of $693,000 to help local
and state officials detect dozens of threatening pest species, which if
left unchecked, could result in an enormously costly and damaging
agricultural infestation. Facilitating a vibrant trade in agricultural
commodities is good for American farmers and consumers alike. But to
maintain food security for the nation and to protect California's
natural environment from infestation by invasive species, prudent
investments in pest detection at all levels of government must
continue.
Division C--Energy and Water Development and Related Agencies
Appropriations Acts 2009
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Army Corps of Engineers, General Investigations
Legal Name of Requesting Entity: Reclamation District 2140
Address of Requesting Entity: PO Box 758, Hamilton City, CA 95951
Description of Request: Provide an earmark of $832,000 to enable the
Corps of Engineers to complete Preconstruction Engineering and Design
(PED) for this ecosystem restoration and flood control project. The
Hamilton City, CA flood damage reduction and ecosystem restoration
project (P.L. 110-114, Sec. 1001(8)) will provide significantly
enhanced flood protection to 2,600 area residents and nearby
agricultural lands, and will restore approximately 1500 acres of
riparian habitat along the Sacramento River. Of the total cost
($3,359,000), $840,000 will be borne by the non-federal sponsors.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Army Corps of Engineers, General Investigations
Legal Name of Requesting Entity: State of California, Department of
Water Resources
Address of Requesting Entity: 1416 9th Street, Sacramento, CA 95814
Description of Request: Provide an earmark of $48,000 to investigate
the feasibility of increasing the level of flood protection for the
urbanized area in the City of Woodland, and possibly some nearby
unincorporated lands in Yolo County, from a 1 in 10-year level of flood
protection to greater than 1 in 100-year level of flood protection. The
non-federal sponsors will share 50% of the total project cost.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Army Corps of Engineers, General Investigations
Legal Name of Requesting Entity: State of California, Department of
Water Resources
Address of Requesting Entity: 1416 9th Street, Sacramento, CA 95814
Description of Request: Provide an earmark of $669,000 to enable the
Corps to complete the Sutter feasibility study and allow state and
local interests to initiate corrective work identified by the Corps'
study using state and local funds. The non-federal share of the total
project cost (estimated $8,258,000) is estimated to be $4,100,000.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Army Corps of Engineers, Construction General
Legal Name of Requesting Entity: State of California, Department of
Water Resources
Address of Requesting Entity: 1416 9th Street, Sacramento, CA 95814
Description of Request: Provide an earmark of $1,914,000 to be
coupled with dedicated State of California funds and enable the Corps
of Engineers to complete the project's Limited Reevaluation Report and
continue construction and mitigation work for this flood protection
effort. This important project includes levee repair and reconstruction
along the Sacramento and Feather Rivers, specifically consisting of
installation of landside berms with toe drains, ditch relocation,
embankment modification, and slurry cut-off walls to address seepage
and levee boil issues which threaten the performance of flood control
structures that protect close to $100 million worth of public
infrastructure and private property.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Army Corps of Engineers, Construction General
Legal Name of Requesting Entity: State of California, Department of
Water Resources
Address of Requesting Entity: 1416 9th Street, Sacramento, CA 95814
Description of Request: Provide an earmark of $22,967,000 for the
Sacramento River Bank Protection Project. This project is located
within the limits of the existing Sacramento River Flood Control
Project (SRFCP) in Northern California. The integrity of various
sections of Sacramento River and tributary levees has become seriously
eroded, so much so that the State of California issued a statewide
emergency declaration to address the levee deficiencies. Much progress
has been made to correct the system's weak points, due to support from
Congress, the Administration, and the State of California. Additional
federal and state funding is required to continue corrective work
throughout the Sacramento River system. $163,000,000 of the total
project cost ($510,700,000) will be borne by the non-federal sponsors.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Army Corps of Engineers, Construction General
Legal Name of Requesting Entity: Glenn-Colusa Irrigation District
Address of Requesting Entity: 344 East Laurel Street, Willows, CA
Description of Request: Provide an earmark of $600,000 to accelerate
work on correcting deficiencies in the Gradient Facility and to
initiate bank stabilization work in the vicinity of River Mile 208. The
Corps of Engineers was a critical project participant in the
construction of a large, state-of-the-art fish screen and pumping
facility along the Sacramento River at Hamilton City, CA. Specifically,
the Corps constructed a ``Gradient Facility'' within the mainstem of
the river in order to stabilize the river's surface level and ensure
optimal effectiveness of the new screened diversion. Recent surveys
have uncovered various deficiencies at the project area during low
river flows. As many as 298 ``high spots'' have been identified where
the Gradient Facility breaks the surface of the water and creates a
hazard for boaters. In addition, significant bank erosion is also
occurring within the vicinity of the fish screen project. Left
unchecked, this erosion could jeopardize the operability of the pumping
station.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Army Corps of Engineers, Construction General
Legal Name of Requesting Entity: Yuba County Water Agency
Address of Requesting Entity: 1220 F Street, Marysville, CA 95901
Description of Request: Provide an earmark of $3,110,000 to
strengthen the federal levee system up to a 200-year level flood
protection for communities in Yuba County, California. To date, local
interests and the State of California have invested $145,000,000 in the
project, and anticipate an additional expenditure of up to
$215,000,000. With total project costs estimated to be approximately
$400,000,000, the only anticipated federal construction contribution
will be $33,000,000 for improvements to the Marysville ring levee, a
figure that is well below the authorized 65-35 percent cost-share
ratio. When completed, the Yuba River project will provide the highest
levee of flood protection for any community in California's Central
Valley.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Bureau of Reclamation, California Bay Delta Ecosystem
Restoration Project
Legal Name of Requesting Entity: Family Water Alliance
Address of Requesting Entity: P.O. Box 365, Maxwell, CA 95955
Description of Request: Provide an earmark of $2,000,000 to
facilitate the screening of small water diversions (fewer than 100
cubic feet per second) throughout the Sacramento Valley. Section
103(d)(6)(iii) of the Water Supply, Reliability, and Environmental
Improvement Act (P.L. 108-361) authorizes the Secretary to participate
in fish screen and fish passage improvement projects as part of the
larger Ecosystem Restoration program established under the CALFED
program.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Bureau of Reclamation, Water and Related Resources
Legal Name of Requesting Entity: Northern California Water
Association
Address of Requesting Entity: 455 Capitol Mall, Suite 335,
Sacramento, CA 95814
Description of Request: Provide an earmark of $4,000,000 for
additional screening of large agricultural diversions. Section 3406
(b)(21) of the Central Valley Project Improvement Act (P.L. 102-575)
requires the Bureau of Reclamation to work with state and local
partners to protect federally protected aquatic species through the
screening of major water diversions throughout the CVP system. USBR and
its local partners have achieved considerable
[[Page 7145]]
accomplishments under this program in recent years. The Meridian Farms
Water Company and the Natomas Mutual Water Company in Northern
California are each working to consolidate and screen major water
diversion facilities on the Sacramento River in order to preserve
reliable water supplies for agriculture and managed wetlands and remain
in compliance with the federal Endangered Species Act.
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Bureau of Reclamation, Water and Related Resources, Central
Valley Project, Sacramento River Division
Legal Name of Requesting Entity: Northern California Water
Association; Tehama-Colusa Canal Authority; Glenn-Colusa Irrigation
District
Address of Requesting Entity: 455 Capitol Mall, Suite 335,
Sacramento, CA 95814 (NCWA); PO Box 1025, Willows, CA 95988 (TCCA); 344
East Laurel Street, Willows, CA (GCID)
Description of Request: Provide an earmark of $6,449,000, which of
the funds provided: $1,200,000 is to be coupled with state and local
investments for the Sacramento Valley Integrated Plan in order to seek
a better understanding of the process for groundwater recharge and
production from the main aquifer system in the area; and $2,900,000 is
for the Red Bluff Diversion Dam to ensure reliable water deliveries for
over 120,000 acres of mostly small and mid-sized farms, and will
greatly complement other restoration projects throughout the CVP aimed
at improving anadromous fish populations. Funding is also provided for
the Hamilton city pumping plant and other programmatic purposes.
Division I--Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2009
Requesting Member: Congressman Wally Herger
Bill Number: H.R. 1105
Account: Department of Transportation, Federal Lands (Public Lands
Highways)
Legal Name of Requesting Entity: Butte County Association of
Governments
Address of Requesting Entity: 2580 Sierra Sunrise Terrace, Suite 100,
Chico, CA 95928
Description of Request: Provide an earmark of $998,450 to upgrade a
9.6 mile section of roadway that crosses federal lands between
communities of Inskip and Butte Meadows from a one-lane gravel road to
a paved two-lane route. Fire danger in this area is extremely high with
high volumes of very dense fuel sources. These improvements are
necessary to provide Upper Ridge residents, recreational visitors, and
emergency vehicles with an emergency evacuation route in the event of a
catastrophic wildfire. It will also increase the chances for effective
efforts to control instances of wildfire by cutting in half the
response time for fire backup support services. The project is
estimated to cost $19,000,000 over the next three construction seasons.
The county is using its State Transportation Improvement Program (STIP)
dollars (approximately $1,892,000) for funding environmental, design,
and right of way construction and support. The project has received
$5,000,000 from the Federal Highway Administration's Federal Lands
Highway Program. It has also received $5,800,000 in SAFETEA-LU, and
$980,000 in last year's appropriations bill for Transportation, Housing
and Urban Development, and Related Agencies.
____________________
CONGRATULATING THE FORT WORTH TRANSPORTATION AUTHORITY ON THEIR 25TH
ANNIVERSARY
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Wednesday, March 11, 2009
Mr. BURGESS. Madam Speaker, I rise today to congratulate the Fort
Worth Transportation Authority, who celebrated their Silver Anniversary
in November. This outstanding group of people has made the city of Fort
Worth a leader in Texas transportation.
The ``T'', as it is commonly known, was officially formed on November
8, 1983, when Fort Worth voters approved its passed a referendum on its
creation with over 55% support. Over the years, service was extended to
other nearby townships. In 1991, Lake Worth joined The ``T'', and in
1992, Blue Mound and Richland Hills joined. In 2001, the Trinity
Railway Express (TRE), a joint effort with DART of Dallas, connected
the two cities, allowing riders to travel the 35 miles from one
downtown to the other on a single train, and also connecting the two
cities to DFW International Airport. The TRE is currently the tenth-
most ridden commuter rail in the country with nearly 9 million annual
passenger trips.
The ``T'' serves Fort Worth and the surrounding partnering
communities with 36 bus routes operated and maintained from their
facilities at 1600 E. Lancaster Avenue at the entrance to the 26th
District. It also runs a carpool and vanpool service, allowing people
who live close to one another to reduce the cost, and the exhaust
emissions, of their daily commutes. Finally, it operates a Mobility
Impaired Transportation Service, which provides vehicles, drivers, and
passenger assistance to those who require it.
With the completion of the Intermodal Transportation Center (ITC),
The ``T'' has provided the downtown connection between bus service, the
TRE, and Amtrak and an instrumental resource to the thriving business
core of Fort Worth. Future plans for new Commuter rail for Southwest
and Northeast Tarrant County will further connect participating cities
with DFW airport. Also, development to address congestion in
communities such as Arlington and the explosive growth found in
communities in the Alliance area provides further support to The ``T''
in providing additional commuter rail routes and other transit
solutions.
Again, I commend The ``T'' for its leadership in improving public
transportation in and around Fort Worth. I am proud to represent its
management and employees in the 26th District of Texas, and I wish them
continued success with local and regional transportation solutions over
the next quarter century as they transform Fort Worth into a worldwide
leader in comprehensive public transportation.
____________________
PERSONAL EXPLANATION
______
HON. ADAM H. PUTNAM
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. PUTNAM. Madam Speaker, on Monday, March 9, 2009, and Tuesday,
March 10, 2009, I was not present for 6 recorded votes. Please let the
record show that had I been present, I would have voted the following
way: Roll No. 110--``yea''; Roll No. 111--``yea''; Roll No. 112--
``yea''; Roll No. 113--``nay''; Roll No. 114--``yea''; and Roll No.
115--``yea''.
____________________
IN RECOGNIGNITION OF THE LIFE AND LEGACY OF MILLARD FULLER
______
HON. MIKE ROGERS
of alabama
in the house of representatives
Wednesday, March 11, 2009
Mr. ROGERS of Alabama. Madam Speaker, I respectfully ask the
attention of the House today to pay recognition to the life and legacy
of Mr. Millard Fuller, and his steadfast service in giving back to the
world.
Mr. Fuller was born in Lanett, Alabama. As many folks know, he
dedicated his life to serving others through his Christian housing
ministries, Habitat for Humanity, which built 200,000 homes in 100
countries, and later The Fuller Center for Housing. In recognition of
his lifelong service, in 1996, Mr. Fuller was awarded the Presidential
Medal of Freedom by President Clinton.
Mr. Fuller passed away on February 3rd 2009, at the age of 74. On
March 14, 2009, a celebration of his life will be held at Ebenezer
Baptist Church in Atlanta, Georgia.
I am honored to recognize this inspirational philanthropist who spent
his lifetime helping others in need. It is my hope his memory will
serve as an example of how we all should live.
____________________
HONORING COLORADO COMMISSIONERS OF AGRICULTURE FOR THEIR SERVICE AND
LEADERSHIP
______
HON. BETSY MARKEY
of colorado
in the house of representatives
Wednesday, March 11, 2009
Ms. MARKEY of Colorado. Madam Speaker, I rise today to honor the
Colorado Commissioner of Agriculture, Mr. John Stulp and former
Commissioners Mr. Don Ament, Mr. Tom Kourlis, Mr. Steve Horn, Mr. Peter
Decker, Mr. Tim Schultz, Mr. Evan Goulding, Mr. Morgan Smith, Mr. Roy
Romer, the late Mr. Clinton Jeffers, the late Mr. John Orcutt, and the
late Mr. Paul Swisher for their service and leadership.
The foundation of Colorado's history was built by the farmers and
ranchers who dedicated their lives to settling the land. Today
producers continue to be a fundamental pillar
[[Page 7146]]
of our state's communities. Over 30 million acres in Colorado are
dedicated to agriculture and our producers work endlessly to provide
our nation with a safe and reliable food supply. Under the guidance of
those who have served as Commissioner of Agriculture, Colorado's
farmers and ranchers have been able to efficiently transfer food from
their fields to our tables.
Over the years, Colorado agriculture has survived economic strain,
destructive weather and severe drought. The unyielding leadership of
all our Commissioners has ensured that our food supply would be secure
even in the face of hardships. They have worked to develop the
sustainable farming programs that serve our rural communities and
strived to overcome the challenges that were presented to them. March
20, 2009 is National Agriculture Day, celebrating producers across the
country. I would like to honor the Commissioners who have led
Colorado's agriculture community towards a thriving future and thank
them for their dedication.
____________________
EARMARK DECLARATION
______
HON. LINCOLN DIAZ-BALART
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, pursuant to the
Republican Leadership standards on earmarks, I am submitting the
following information regarding earmarks I received as part of the FY
2009 Omnibus.
Commerce, Justice, Science
Requesting Member: Congressman Lincoln Diaz-Balart
Bill Number: FY 2009 Omnibus
Account: Department of Justice, Byrne Discretionary Grants account
Legal Name of Requesting Entity: National Police Athletic/Activities
League
Address of Requesting Entity: 658 West Indiantown Road, Suite #201,
Jupiter, FL 33458
Description of Request: I have secured $400,000 to develop and
maintain a national youth crime prevention that promotes interaction
and trust between law enforcement officers and youth. Primary focus on
underserved communities where there are high incidences of youth crime.
Funding will also be used towards the creation of pilot program to
address gang related crime in several states; including FL, MD, NJ, OH,
CA, PA and TX.
____________________
HONORING THE LIFE AND ACHIEVEMENTS OF JAMES ``J.'' RALPH LUNDY
______
HON. ALCEE L. HASTINGS
of florida
in the house of representatives
Wednesday, March 11, 2009
Mr. HASTINGS of Florida. Madam Speaker, I rise today to honor the
life and achievements of long-time Indian River County civic leader and
humanitarian, James ``J.'' Ralph Lundy, who died on February 27 at the
age of 90. During this most difficult time, I want to extend my
thoughts and prayers to his family. I hope that Mr. Lundy's family
takes comfort in knowing that his memory and legacy of philanthropy
will live on within the Gifford community and in Indian River County
for generations to come. Mr. Lundy always put others first, and
extended a helping hand to all those in need.
Mr. Lundy first came to Indian River County in the 1950s as a
reporter for the Jacksonville Journal to cover Dodgers baseball legend
Jackie Robinson. Later, he became production manager at the Press
Journal where he wrote a column about the community for the paper. In
1963, Mr. Lundy started the community radio show entitled, ``Gospel
Caravan,'' one of the longest-running gospel music programs in Florida,
and later created the program ``Give them their flowers,'' as a way to
honor lesser-known community leaders before they died.
Mr. Lundy's love for the Gifford community and activism earned him
the title ``Gifford's spokesman.'' He spent about 30 years as president
of the Gifford Progressive Civic League, and in that time, made
significant contributions to the lives of the people of Gifford. Mr.
Lundy pushed county officials to install traffic lights to increase
public safety, established a voting precinct and the Gifford Community
Center to bolster community pride, and brought clean water to Gifford
to improve its residents' health. In 1988, he helped establish Our
Father's Table Soup Kitchen to provide meals for the community's most
needy.
In 2007, Mr. Lundy won the Jefferson Award, a national award that
recognizes individual public service contributions.
Madam Speaker, through all of these roles, J. Ralph Lundy had an
indelible impact on the spirit and well-being of his community, and
touched the lives of many in Indian River County. He will be remembered
for his heart, compassion, and dedication to his fellow man. I am
fortunate to have known him and will miss him dearly.
____________________
CALIFORNIA'S 49TH DISTRICT PROJECTS FUNDED IN THE FY2009 OMNIBUS
APPROPRIATIONS ACT
______
HON. DARRELL E. ISSA
of california
in the house of representatives
Wednesday, March 11, 2009
Mr. ISSA. Madam Speaker, when I submitted my appropriation funding
requests in March, 2008, the problems plaguing our Nation's banking and
financial sectors were just starting to come to light. Few could
foresee just how bad our economic situation would become. While I
strongly opposed the action, the previous Congress spent over $700
billion in TARP funding to bailout the banking sector. This Congress
just approved a nearly $800 billion stimulus bill that ultimately
provides more money for social services than it does for job producing
highway and infrastructure projects.
Overall, President Obama's spending priorities have more than tripled
the federal budget deficit for fiscal year 2009 (FY09), ballooning it
to $1.7 trillion. As a result, the state of our nation's finances is
dire, and our federal spending plan does not in any way bear an
appropriate relationship to the state of our nation's economy. The
federal deficit has increased 385% over FY08 and 1089% over FY07
levels. Spending decisions are occurring within this body without
regard to available revenue or the harm that such irresponsible fiscal
policies do to the economy and to future generations that, ultimately,
will get stuck with the bill.
I am highly disappointed that, faced with the enormity of the current
federal deficit and the unprecedented amount of federal spending that
has occurred, the House and Senate Leadership and Appropriators did not
take the opportunity to start showing fiscal restraint by removing
Congressional Earmarks from the fiscal year 2009 Omnibus Appropriations
Act. When I made the below mentioned requests last year for projects in
my Congressional district I believed they would provide necessary
benefits to the local community and had a federal interest. I also
believed that they were worthy of the limited federal funds that were
available. That time, however, has passed. Member's need to think of
the future of this Nation, rise above their own self-interests, and
advocate for the removal of all earmarks from all present and future
appropriations bills until we get the federal deficit under control.
Congressional Appropriation project requests I made in 2008 in the
H.R. 1105, FY 2009 Omnibus Appropriations Act included:
San Luis Rey River
The bill includes funding through the Energy and Water Appropriations
Subcommittee for the San Luis Rey River Flood Protection Project, which
includes the clearing of vegetation from the San Luis Rey River to
protect the levee, the city of Oceanside's bridges, utilities, and
public from threatened flooding. It is an authorized project and has
received funding in previous Congresses.
Murrieta Creek, CA
The bill includes funding through the Energy and Water Appropriations
Subcommittee for the project, which will be constructed in four
distinct phases, will include a 250 acre detention basin to attenuate
flows from the over-150 square mile watershed and, once completed, will
reduce citizens' and businesses' exposure to flooding that requires
many of them to carry flood insurance. The project will create seven
miles of soft earthen channelization as well as the development of a
continuous riparian habitat corridor throughout the length of the
project. The riparian corridor can become a safe home for several
listed endangered species that have already been found to exist nearby.
The channel will not only facilitate species movement and connectivity
to existing wildlife preserves, but will also create an extensive
natural wetlands system that can efficiently remove contaminants from
stream flows and help ensure improved water quality for local residents
and soldiers stationed at the Camp Pendleton Marine Base.
South Perris Project--Perris II Desalter
The bill includes funding through the Energy and Water Appropriations
Subcommittee for the project, which will produce potable water from
otherwise unusable groundwater through
[[Page 7147]]
the construction of a five million gallons per day reverse osmosis
desalter in the Perris South Groundwater Sub-basin. In addition to
reducing future demand for imported water from the Sacramento-San
Joaquin Delta and the Colorado River, project benefits include salinity
management for expanded water recycling and protection of high-quality
groundwater in basins adjacent to the Perris South Groundwater Sub-
basin. The Perris II Desalter is a vital component of Eastern Municipal
Water District's (EMWD) Desalination Program, which will ultimately
generate up to 14,000 acre-feet per year of potable water and remove up
to 50,000 tons of salt out of the basin every year. This project will
help push this water district towards its goal of drought-proofing its
region and providing reliability and flexibility to its water supply.
Santa Margarita River Conjunctive Use Project
The bill includes funding through the Energy and Water Appropriations
Subcommittee for the project, which provides for enhanced recharge and
recovery from the groundwater basin on Camp Pendleton and will provide
a water supply for both Camp Pendleton and Fallbrook, resolving a long-
standing water rights dispute between the United States and Fallbrook.
In 1954, the Bureau of Reclamation was authorized to construct a dam on
the Santa Margarita River for $22 million (approximately $333 million
in 2008 dollars) with a yield of 14-16,000 acre-feet. This funding will
complete a final design that is financially feasible, environmentally
beneficial and result in the preservation of the entire Santa Margarita
River from Temecula to the Pacific Ocean, while simultaneously
providing 16,000 acre-feet per year of vitally needed local water to
coastal Southern California.
Riverside County SAMP, CA
Recognizing the interdependence between the area's future
transportation, habitat, open space and land-use/housing needs,
Riverside County, working with the U.S. Army Corps of Engineers, has
undertaken a Special Area Management Plan (SAMP) for the San Jacinto &
Upper Santa Margarita watersheds to determine how best to balance these
factors for the future benefit of the area. To that end, in 2003, the
County adopted a new General Plan and Multi-Species Habitat
Conservation Plan (MSHCP) to address regional conservation and
development plans that protect entire communities of native plants and
animals, while streamlining the process for compatible economic
development in other areas. When the SAMP is completed, the Corps will
establish an abbreviated or expedited regulatory permitting process
under Section 404 of the Clean Water Act to complement the Master
Streambed Alteration Agreement the California Department of Fish and
Game is currently preparing. Altogether, these new processes will allow
for increased planning and smart development that will benefit the
region well into the future.
Oceanside Community Safety Partnership Collaborative--Gang Prevention
Program City of Oceanside, CA
The bill includes funding for this program through the Commerce,
Justice, Science Appropriations Subcommittee. The goal of the Oceanside
Community Safety Partnership Collaborative (OCSPC) is to provide
intense intervention to divert youths away from gang membership. The
second component of the program is to have North County Lifeline, a
local nonprofit organization that provides diversion services in the
City, offer more intensive services to those participants in their
Juvenile Diversion Program when areas of additional need are
identified, i.e., alcohol and drug issues. Youth would further be
referred to Community Interfaith, another local service provider, for
vocational and educational services when needed.
Lake Elsinore Emergency Operations Center--City of Lake Elsinore,
California
The bill includes funding for this project through the Commerce,
Justice, Science Appropriations Subcommittee. The funds will be used to
equip a new Emergency Operations Center (EOC) in Lake Elsinore. The
City of Lake Elsinore provides a unique service to the entirety of
southern California because of the lake and the City's central
location. During the recent wildfires, for instance, the City and lake
served as the base for Hawaii-Mars water tankers which were used to
fight fires throughout the entire region. The proposed EOC, which is
set to be housed in a secure location within the police headquarters,
will be used to manage the lake as an emergency resource as well as to
provide the City and surrounding community with a base of operations
during any emergency.
Regional Communications System Upgrade--County of San Diego, Sheriff's
Department
The Sheriff's continued vision is to increase and improve data
sharing, automate officer alerts and notifications, improve disaster
preparedness, and deliver of more intelligence to officers and first-
responders. The Sheriff's Department, with assistance from Federal and
local agencies has, over several years, undertaken technology projects
targeting this vision. These enhancements provide law enforcement with
rapid access to critical information and knowledge with less human
intervention producing quicker results with greater accuracy.
This phase of the SDLaw Infrastructure Program will expand the search
and aggregation of intelligence from even more data repositories, add
additional business logic, further automate data mapping and workflow,
further improving visualization of the information resulting from this
convergence of data from State, Local, and Federal systems and now with
the inclusion of County justice case management systems.
West Vista Way
The bill includes funding for this project through the
Transportation, Housing and Urban Development, and Related Agencies
appropriations subcommittee. This project will enhance the development
and traffic flow along W. Vista Way and reduce congestion on State
Route 78. The project consists of approximately 2 miles of road
widening (including right-of-way acquisitions), utility undergrounding,
drainage and sewer upgrades. The project also includes intersection
signalization, bus stops and other transit facilities, including Park-
And-Ride lots, pedestrian and bicycle facilities, and a safety barrier
between the adjacent freeway and the street. The project limits extend
from Melrose Drive on the east to Thunder Drive on the west, at the
boundary with the city of Oceanside.
Railroad Canyon/Interstate 15 Interchange
The bill includes funding for this project through the
Transportation, Housing and Urban Development, and Related Agencies
appropriations subcommittee. The funding would be used for right-of-way
acquisition for an improved interchange on Interstate 15 at Railroad
Canyon Road. Railroad Canyon Road serves as a connector route between
I-15 and I-215 in Southwest Riverside County. The current interchange
with I-15 serves approximately 50,000 vehicles per day and in its
current condition, during peak hours of travel, vehicles are backing
onto the freeway mainline in both the north and southbound directions.
The level of service at the intersections adjacent to this interchange
is rated Service-F.
French Valley Airport
The bill includes funding through the Transportation, Housing and
Urban Development, and Related Agencies appropriations subcommittee for
a feasibility study for the French Valley Airport to determine the
necessary improvements and viability of an expansion of the airport to
ensure safety of the neighboring communities. The project will review
and analyze the feasibility of expanding the airport to accommodate
large, private jets. This will greatly enhance the region's economic
development and tourism opportunities.
MiraCosta College Foundation
The bill includes funding through the Labor, Health and Human
Services, Education Subcommittee for the MiraCosta College Foundation
located in the 49th Congressional District in Vista, California.
MiraCosta College is developing a national model project to meet the
educational needs of both active-duty and exiting Navy corpsmen and
army medics. The project creates military-specific assessment and
instructional tools that will acknowledge that service members'
military training while preparing them to meet state licensing
requirements to enter the civilian nursing field. This unique project
helps fill a national nursing shortage need and helps transitioning
military personnel to find high-paying, skilled civilian employment.
Vista Community Clinic
The bill includes funding through the Labor, Health and Human
Services, Education Subcommittee for the Vista Community Clinic located
in the 49th Congressional District in Vista, California. Due to
increased demand, Vista Community Clinic is constructing a new 12,000
square foot community health center facility providing obstetrics,
pediatrics, family and internal medicine, pharmacy, health education to
low-income, uninsured residents of North San Diego County. This new
site will serve 16,000 patients in 50,000 medical visits annually.
Ninety-five percent of Vista Community Clinic patients have an income
qualifying them as low to moderate income by federal standards, making
no more than $42,000 annually for a family of four. Nearly 50% of Vista
Community Clinic patients are children who do not have any form of
health insurance. Given that one in every 19 people living in the
United States now relies on a U.S. Department of Health and Human
Services' Health Resources and Services Administration funded clinic
for primary care, this funding for construction and equipment purchases
is critical
[[Page 7148]]
to providing increasing access and expanding health services.
____________________
TRIBUTE TO JAROSLAW DUZYJ
______
HON. SANDER M. LEVIN
of michigan
in the house of representatives
Wednesday, March 11, 2009
Mr. LEVIN. Madam Speaker, I rise today to pay tribute to the life of
an important community leader and a good friend, Jaroslaw Duzyj, who
passed away on Wednesday, March 4, 2009 after a long battle with
Parkinson's disease.
Mr. Duzyj was a leader of a very strong and vibrant Ukrainian
community in Michigan, and was a founding member of the Ukrainian
Cultural Center in Warren, Michigan. He was born in 1923 in Peremysl,
Ukraine and was one of 10 children. At the age of 19 he was arrested by
the Nazis and sentenced to death. Miraculously, he survived five Nazi
concentration camps before being liberated on April 15, 1945.
Mr. Duzyj immigrated to the United States in 1949 with little money
and limited ability to speak English. He found work at Ford Motor
Company and began establishing strong roots in the community. He
married his beloved wife, Olga and they went on to raise three
children, and now have seven grandchildren.
Throughout his life he continuously worked to promote Ukrainian
causes and also display his love for America. His passion and
unwavering dedication allowed him to participate in several unique and
prestigious events. In 1991, he was invited to a personal audience with
Pope John Paul II, and on his 70th birthday he received the Pro
Ecclesia et Pontifice medal from the Pope. He also had the distinct
honor to meet with two sitting U.S. Presidents. In 1984, as former
president of the Ukrainian-American Republican Association, he chaired
a reception for President Ronald Reagan at the Ukrainian Cultural
Center, and was a guest of President Bill Clinton at a state dinner
honoring the president of the Ukraine.
Mr. Duzyj also experienced personal success as a business owner, as
he became co-owner and president of Cylectron, which made high-
precision parts for rocket and aircraft engines. In 1992 he started a
company called Envotech Systems, which builds mobile laboratories for
the detection and control of nuclear matter in the environment. In
1995, he became a partner in Crocus Co. in Ukraine, a company that
manufactured road building machinery. In 1996, Michigan Governor John
Engler named him to Michigan's Bilateral Trade Team to the Ukraine.
Mr. Duzyj cared deeply about higher education. He and Olga donated
$100,000 to establish a fund at Harvard University to enable the
Ukrainian Institute to publish significant works on the history of the
Ukraine. He also published several books about Ukrainian history,
geography, and the Ukrainian genocide of 1932-33. In 2005 he was
honored as Ukrainian of the Year by the Ukrainian Graduates of Detroit
and Windsor for the role he played in the business community, with
higher education and his church.
The experiences Mr. Duzyj endured early in life and the triumphs and
selflessness he displayed through his entire life are truly
inspirational. Mr. Duzyj is a shining example of what the American
success story is all about. Today, I join with Mr. Duzyj's family,
friends and the extended family of the Ukrainian community, in both
mourning his loss, celebrating his life and honoring him for all the
good work he did for others.
____________________
PERSONAL EXPLANATION
______
HON. J. GRESHAM BARRETT
of south carolina
in the house of representatives
Wednesday, March 11, 2009
Mr. BARRETT of South Carolina. Madam Speaker, due to unforeseen
circumstances, I unfortunately missed one recorded vote on the House
floor on Wednesday, February 25, 2009. Had I been present, I would have
voted ``aye'' on Rollcall vote No. 84 (On Ordering the Previous
Question to H. Res. 184).
____________________
TRIBUTE TO NEW MOUNT MORIAH INTERNATIONAL CHURCH
______
HON. GARY C. PETERS
of michigan
in the house of representatives
Wednesday, March 11, 2009
Mr. PETERS. Madam Speaker, today I would like to honor New Mount
Moriah International Church for 20 years of service to the greater
Pontiac community. New Mount Moriah International Church was organized
on April 9, 1989 by Pastor Richard Leaks, Jr. in Pontiac Michigan and
on April 16, 1989 held its first service at the Bowen Center in
Pontiac, with forty-nine faithful chartering members.
On April 7, 1990, the membership unanimously elected Bishop William
H. Murphy, Jr. as pastor. Under his capable leadership, New Mount
Moriah International Church has flourished and is now home to over
fifteen hundred active members and is still growing. New Mount Moriah
International Church now consists of three locations; their charter
location in Pontiac a beautiful facility at 313 East Walton Boulevard,
one in Detroit, and a third newest location in Mt. Clemens.
Madam Speaker, the positive impact of the New Mount Moriah faith
community can be seen across the greater Pontiac area in more ways than
we can count, and we can expect many more years of success from this
wonderful institution.
____________________
NATIONAL MALL REVITALIZATION AND DESIGNATION ACT
______
HON. ELEANOR HOLMES NORTON
of the district of columbia
in the house of representatives
Wednesday, March 11, 2009
Ms. NORTON. Madam Speaker, I rise today to introduce the National
Mall Revitalization and Designation Act. The National Mall is one of
Washington's best known and most treasured sites, but also is the
District's most neglected and undervalued. The Mall lacks everything
that a majestic natural wonder deserves, from an official identity to
necessary amenities. My bill (1) authorizes the National Capital
Planning Commission (NCPC) to officially designate and expand the
boundaries of the Mall and (2) requires the Secretary of the Interior
to submit a plan to enhance visitor enjoyment and cultural experiences
within 180 days of passage of the bill.
I worked closely with NCPC and other agencies in framing the bill. It
would give the NCPC the responsibility and the necessary flexibility to
designate the Mall area for the first time since its creation and to
expand the Mall area when appropriate. The bill requires the NCPC, to
accommodate future commemorative works and cultural institutions,
working with key federal and local agencies, and with participation
from the public and recognized national leaders in culture and
development.
Frustrated at continually fighting off proposals for new monuments,
museums, and memorials, on the crowded Mall space, I asked the NCPC to
devise a Mall preservation plan five years ago. In 2003, Congress
amended the Commemorative Works Act to enact the NCPC's designation of
a no-build zone where no new memorials can be built. This action was
helpful in quelling some but by no means all of the demand from groups
and individuals for placement on what they view as the Mall. The bill
spells out the needed authority to preserve the no-build zone while
expanding the mall to accommodate commemorative works.
The NCPC and the Commission on Fine Arts (FAC) are working on the
National Capital Framework Plan and already have shown they can
identify sites near the existing Mall which are suitable for new
memorials, including East Potomac Park, a part of the Mall area that is
seldom viewed as integral to the more familiar space between the
Capitol and the Lincoln Memorial; Banneker Overlook, the grounds around
RFK Stadium, the Kennedy Center Plaza site and the new South Capitol
gateways. Five new prestigious memorials are scheduled for such sites,
including the Eisenhower Memorial and the U.S. Air Force Memorial.
I appreciate that NCPC and the FAC work closely with the District of
Columbia in designating off-Mall sites for new monuments. The District
welcomes the expanded Mall into appropriate neighborhoods, enhancing
the work of the District of Columbia government and local organizations
such as Cultural Tourism that offer historic tours of District
neighborhoods in developing the tourism that is vital to the city's
economy. Additional Mall sites for various monuments also complement
the creation of entire new neighborhoods now underway near the Mall
particularly the District's redevelopment of the Southwest waterfront
and my own work on the Southeast Federal Center, now known as The
Yards, that is to becoming a mixed use public-private development and
waterfront park.
A second and important goal of the bill is to make the Mall a living,
breathing, active place
[[Page 7149]]
where things happen and visitors can be comfortable. The bill seeks to
achieve this vibrancy by requiring the Secretary of the Interior to
submit a plan, in consultation with the appropriate federal agencies,
and leaders in culture and development and the public, to ``enhance
visitor enjoyment, amenities, cultural experiences in and the vitality
of (the National Mall).'' Bordered by world class cultural
institutions, the Mall itself has been reduced to a lawn with only a
few--too few--ordinary benches and a couple of fast food restaurants.
The Mall lacks the most basic amenities appropriate to such an area
including restrooms, shelter and informal places to gather and
interesting places to eat. When it rains, there are no places to stay
dry on the Mall and when the humidity reaches sky high, there are few
places to rest and have a cold drink. Nevertheless, in writing this
bill I was compelled to recognize today's reality that funds to make
the Mall the 21st century destination it deserves to become are simply
not available, and will not become available in the near future until
the deficit and other priorities make room. Yet, the Mall needs a total
makeover for the 21st century to be worthy of L'Enfant's vision for the
city he planned and the MacMillan Plan that is largely responsible for
the space between the Capitol and the Lincoln Memorial that is known
today as the Mall. However, we must move now to begin to do all we can
to rescue this space from its present dull and uninviting condition,
damaged by heavy use and often used as no more than a pass-through,
despite its magnificent potential. With the necessary imagination, a
plan to make the Mall a welcoming place with cultural and other
amenities envisioned by the bill is achievable now.
I am pleased that Chip Akridge and the Trust for the National Mall
have embarked upon an ambitious fundraising effort to bring the private
sector into the revitalization of the National Mall. The Congress
started to do its part last year when, at my request, Chairman Grijalva
held the first hearing in decades on the National Mall and this bill,
and in FY10 Congress included $10 million for the sinking Jefferson
Memorial and $135 million above 2008, to continue the 10 year
initiative to upgrade our National Parks before the 100th anniversary
of the National Park Service in 2016. The National Park Service is also
prepared to meet the requirements of this bill as they progress on
their own National Mall plan and the National Capitol Planning
Commission with its final National Capitol Framework plan on April 2nd,
2009. The private sector, the executive and legislative branch all
recognize the need for repair and revitalization of our National Mall
and no event signified the need like the largest gathering in the
Mall's history with almost two million people at President Obama's
inauguration.
The Mall Designation and Revitalization Act is the first step in an
effort to begin to give the Mall its due after decades of neglect and
indifference. The bill begins at the beginning--defining for the first
time what we mean by the Mall, allowing for expansion of its natural
contours, and taking the first steps to breathe life into a space that
is meant for people to enjoy.
____________________
SENATE COMMITTEE MEETINGS
Title IV of Senate Resolution 4, agreed to by the Senate on February
4, 1977, calls for establishment of a system for a computerized
schedule of all meetings and hearings of Senate committees,
subcommittees, joint committees, and committees of conference. This
title requires all such committees to notify the Office of the Senate
Daily Digest--designated by the Rules Committee--of the time, place,
and purpose of the meetings, when scheduled, and any cancellations or
changes in the meetings as they occur.
As an additional procedure along with the computerization of this
information, the Office of the Senate Daily Digest will prepare this
information for printing in the Extensions of Remarks section of the
Congressional Record on Monday and Wednesday of each week.
Meetings scheduled for Thursday, March 12, 2009 may be found in the
Daily Digest of today's Record.
MEETINGS SCHEDULED
MARCH 16
10 a.m.
Foreign Relations
To hold closed hearings to receive a briefing on global
counterterrorism efforts.
SVC-217
MARCH 17
9:30 a.m.
Armed Services
To hold hearings to examine United States Southern
Command, United States Northern Command, United States
Africa Command, and United States Transportation
Command.
SH-216
Banking, Housing, and Urban Affairs
To hold hearings to examine perspectives on modernizing
insurance regulation.
SD-538
10 a.m.
Energy and Natural Resources
To hold oversight hearings to examine energy development
on public lands and the outer Continental Shelf.
SD-366
Finance
To hold hearings to examine tax issues related to fraud
schemes and an update on offshore tax evasion
legislation.
SD-215
10:30 a.m.
United States Senate Caucus on International Narcotics
Control
Judiciary
Crime and Drugs Subcommittee
To hold joint hearings to examine law enforcement
responses to Mexican drug cartels.
SD-226
MARCH 18
9:30 a.m.
Energy and Natural Resources
To hold hearings to examine nuclear energy development.
SD-366
Veterans' Affairs
To hold joint hearings to examine the legislative
presentation of the Veterans of Foreign Wars.
334, Cannon Building
10 a.m.
Health, Education, Labor, and Pensions
Business meeting to consider S. 277, to amend the
National and Community Service Act of 1990 to expand
and improve opportunities for service.
SD-430
Judiciary
To hold hearings to examine the National Academy of
Science's report Strengthening Forensic Science in the
United States: A Path Forward.
SD-226
2:45 p.m.
Armed Services
Personnel Subcommittee
To hold hearings to examine the incidence of suicides of
United States Servicemembers and initiatives within the
Department of Defense to prevent military suicides.
SR-232A
MARCH 19
9:30 a.m.
Armed Services
To hold hearings to examine United States Pacific
Command, United States Strategic Command, and United
States Forces Korea.
SH-216
10 a.m.
Commerce, Science, and Transportation
To hold hearings to examine cybersecurity, focusing on
assessing our vulnerabilities and developing an
effective defense.
SR-253
MARCH 25
9:30 a.m.
Judiciary
To hold oversight hearing to examine the Federal Bureau
of Investigation.
SH-216
Veterans' Affairs
To hold hearings to examine State-of-the-Art information
technology (IT) solutions for Veterans' Affairs
benefits delivery.
SR-418
2:30 p.m.
Commerce, Science, and Transportation
Aviation Operations, Safety, and Security Subcommittee
To hold hearings to examine Federal Aviation
Administration reauthorization, focusing on NextGen and
the benefits of modernization.
SR-253
POSTPONEMENTS
MARCH 17
10 a.m.
Foreign Relations
To hold hearings to examine a strategy for global
counterterrorism.
SD-419