[Congressional Record (Bound Edition), Volume 155 (2009), Part 6]
[Issue]
[Pages 6885-7149]
[From the U.S. Government Publishing Office, www.gpo.gov]

  


[[Page 6885]]

                           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.
                                 ______
                                 

                                 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.

                          ____________________




                          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.

                          ____________________




                       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.

                          ____________________




                           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

[[Page 6886]]

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

[[Page 6887]]

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.

                          ____________________




                              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

[[Page 6888]]

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.

                          ____________________




                   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

[[Page 6889]]

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

[[Page 6906]]

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

[[Page 6907]]

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.

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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;

[[Page 6945]]

       (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