The United States Senate
Mar 7, 2007
Section 30
 What's this? The Congressional Record is the official journal of Congress's daily proceedings. Though often a transcript of the debates on the House and Senate floors, like C-SPAN transcripts, the Congressional Record can be significantly modified by Members of Congress after the fact. Entries in the Congressional Record can reflect the edited, prepared versions of statements actually made on the floor, and on very rare occasions can contain seeming entire debates between Members of Congress that never took place. Only floor proceedings are a part of the Record, and so committee meetings are not available this way. |
In This Section...
 | Sen. Grassley [R-IA]: [Introducing S. 789] Mr. President, it's time we put a stop to wasteful, abusive, and fraudulent use of government credit cards. In fact, it's overdue. For several... |
 | Sen. Levin [D-MI]: [Introducing S. 791] Mr. President, I am pleased to introduce the "Great Lakes Collaboration Implementation Act" with Senator GEORGE VOINOVICH and our co-sponsors. I... |
 | Sen. Hatch [R-UT]: [Introducing S. 793] Mr. President, I rise today to introduce legislation to reauthorize the Traumatic Brain Injury Act. It is my pleasure to be joined in this effort... |
 | Sen. Kennedy [D-MA]: Mr. President, it's a privilege to join with Senator HATCH in introducing legislation to reauthorize the Traumatic Brain Injury Act. The reauthorization will expand... |
 | Sen. Obama [D-IL]: [Introducing S. 795] Mr. President, I am proud to introduce the Citizenship Promotion Act (CPA) of 2007 with my good friend Congressman LUIS GUTIERREZ. In the Senate,... |
 | Sen. Cardin [D-MD]: [Introducing S. 798] Mr. President, in just five years, our Nation will observe the bicentennial of a defining moment in our Nation's history--the war of 1812.... |
 | Sen. Harkin [D-IA]: [Introducing S. 799] Mr. President, today, Senator Specter and I, and others introduce the Community Choice Act. This legislation is needed to truly bring people with... |
 | Sen. Boxer [D-CA]: [Introducing S. 801] Mr. President, I am pleased to re-introduce legislation to name the Federal courthouse building at Tulare and "O" Streets in downtown Fresno, CA... |
 | Sen. Crapo [R-ID]: [Introducing S. 802] Mr. President, I am pleased to introduce the Owyhee Initiative Implementation Act of 2007, a bill which is the result of a five-year collaborative... |
 | Sen. Cornyn [R-TX]: Mr. President, I am proud to cosponsor the Child Support Protection Act of 2007 so State child support enforcement agencies may continue the extraordinary progress and... |
 | Sen. Kohl [D-WI]: In Congress, we rarely have the opportunity to consider a simple, straightforward issue. It is uncommon when we can debate an issue with significant bipartisan... |
Record Text
Sen. Charles Grassley [R-IA]:
[Introducing S. 789] Mr. President, it's time we put a stop to wasteful, abusive, and fraudulent use of government credit cards. In fact, it's overdue. For several years, I have been working with the Government Accountability Office (GAO) to investigate misuse of government credit cards and the lack of internal controls in agencies that breeds such activity. We have found shockingly flagrant abuses like $2,443 in taxpayers' money going to pay for a down payment on a sapphire ring at a place called E-Z Pawn and $1,935 in taxpayers' money used to purchase two LA-Z-Boy reclining rocking chairs with full lumbar support and vibrator-massage features, all using government purchase cards. Government travel cards, which are only to be used for legitimate travel-related expenditures, have been used to pay for everything from women's lingerie from Frederick's of Hollywood to tickets to the Phantom of the Opera to a seven night Alaskan cruise for two. In each report it has issued, the GAO has made recommendations about what kind of controls need to be implemented to prevent such abuses from occurring in the future. Our oversight work has helped shine a light on this problem and has led to some improvements. Some agencies have moved to fix the specific shortcomings highlighted by the GAO, and the Office of Management and Budget has issued a circular to agencies that seeks to bring about an improved control environment. However, I believe a more comprehensive approach is needed. There is
Based primarily on the recommendations of the GAO in numerous reports, as well the work of agency inspectors general and my own oversight work, my bill seeks to curtail waste, fraud, and abuse of government purchase cards, government travel cards, and centrally billed accounts. By way of background, government purchase cards are essentially credit cards held by an agency that authorized individuals use to purchase items necessary for the work of the agency. Since the agency pays the bills directly, the American taxpayer is on the hook when improper purchases slip through the cracks. That means hard working American citizens are paying for someone else's Christmas shopping, or at the very least items with little or no legitimate public interest. Just like the parents' credit card in the hands of an undisciplined teenager, government purchase cards in the
Centrally billed accounts are another credit product that federal agencies use, primarily for purchasing transportation services. Like purchase cards, the bill is sent to the government so it's the taxpayer who pays when the bureaucrats let things slip through the cracks. For instance, we've had repeated cases where government employees had airplane tickets purchased on their behalf directly from a centrally billed account, and then they sought and received reimbursement as though they had paid for the ticket. In other words, the ticket was paid for twice with the employee pocketing the cost the second time, and no one would be the wiser if it weren't for the GAO. The GAO has also found millions of dollars worth of fully refundable, unused airline tickets that no one bothered to cash in. I was pleased to work with Senator Coleman, then the Chairman of the
Government travel cards, on the other hand, are not paid directly with taxpayers' money like purchase cards and centrally billed accounts, but they are only supposed to be used to pay for legitimate expense while on official government travel. Failure by employees to repay these cards results in the loss of millions of dollars in rebates to the Federal Government. Also, when credit card companies are forced to charge off bad debt, they raise interest rates and fees on everyone else. Nevertheless, government travel cards with high credit limits have been handed out like candy at a parade to individuals with abysmal credit ratings who ordinarily would never be issued that kind of credit. It's no surprise then when we learn that certain government employees have abused their government travel cards to buy jewelry, take in a New York Yankees game, or to fuel an internet gambling habit. Such abusive charges often occur when the cardholder is not even on travel at all. In fact, government travel cards have been used to provide cash advances in employees' hometowns. There are even examples of charges at so called "gentleman's clubs" like Cheetah's Lounge and Déja 2 Vu Showgirls, and even at legalized brothels. Suffice it to say that the
My bill would also require a series of common sense internal controls, which the GAO has found to be lacking in many cases, to be implemented in every federal agency. These include: maintaining a record of each cardholder, including single transaction limits and total credit limits so agencies can effectively manage their cardholders; implementing periodic reviews to determine if cardholders have a need for a card; properly recording rebates to the government based on prompt payment; providing training for cardholders and managers; utilizing available technologies to prevent or catch fraudulent purchases; establishing specific policies about the number of cards to be issued, the credit limits for certain categories of cardholders, and categories of employees eligible to be issued cards; invalidating cards when employees leave the agency or transfer; establishing an approving official other than the purchase card holder so employees cannot approve their own purchases; reconciling purchase card charges on the bill with receipts and supporting documentation; submitting disputed purchase card charges to the bank according to the proper procedure; making purchase card payments promptly to avoid interest penalties; retaining records
My bill would also provide that each agency Inspector General periodically conduct risk assessments of agency purchase card and travel card programs and perform periodic audits to identify potentially fraudulent, improper, and abusive use of cards. We have had great success working with Inspectors General using techniques like data mining to reveal instances of improper use of government charge cards. Having this information on an ongoing basis will help maintain and strengthen a rigorous system of internal controls to prevent future instances of waste, fraud, and abuse with government charge cards.
In addition, my bill requires penalties so that employees who abuse government charge cards will not get away scot free. In fact, in cases of serious misuse or fraud, the bill provides that employees must be dismissed and suspected cases of fraud will also be referred to the appropriate U.S. Attorney for prosecution under federal anti-fraud laws. It is essential that we send a clear message that misuse and fraudulent use of government credit cards will not be tolerated. The lack of consistency in the past in applying punishments to those caught abusing government charge cards has sent the wrong message and led to an environment where misuse of government charge cards is more likely. My bill will change that.
The American people expect us to be good stewards of their money and their cynicism about government only builds when they read about bureaucrats saying, "Just put it on plastic" willy nilly with their hard earned dollars. Unfortunately, such incidents persist. In the wake of Hurricane Katrina, Congress hastily passed a supplemental spending bill containing an ill-advised provision to dramatically raise the micro-purchase threshold for purchase cards. I worked with Senators Collins and Lieberman, the leaders of the Homeland Security and Governmental Affairs Committee, to reverse what amounted to an invitation to misuse government purchase cards. Then, because of our concerns and the concerns of other members of Congress about the potential for fraud and abuse of purchase cards in the response to the hurricanes in the Gulf Coast region, the GAO conducted an investigation of purchase cards at the Department of Homeland Security. Just last September, the GAO issued its report finding instances of abusive or questionable government charge card transactions, including the purchase of a beer brewing kit, a 63-inch plasma television with a price tag of $8,000
I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
Sen. Carl Levin [D-MI]:
[Introducing S. 791] Mr. President, I am pleased to introduce the "Great Lakes Collaboration Implementation Act" with Senator GEORGE VOINOVICH and our co-sponsors. I also want to thank Representatives VERN EHLERS and RAHM EMANUEL for introducing similar Great Lakes restoration legislation in the House today.
The Great Lakes are vital not only to Michigan, but to the Nation. Roughly one-tenth of the U.S. population lives in the Great Lakes basin and depends daily on the lakes. The Great Lakes provide drinking water to 40 million people. They provide the largest recreational resource for their 8 neighboring States. They form the largest body of freshwater in the world, containing roughly 18 percent of the world's total; only the polar ice caps contain more freshwater. They are critical for our economy by helping move natural resources to the factory and to move products to market.
While the environmental protections that were put in place in the early 1970s have helped the Great Lakes make strides toward recovery, a 2003 GAO report made clear that there is much work still to do. That report stated: "Despite early success in improving conditions in the Great Lakes Basin, significant environmental challenges remain, including increased threats from invasive species and cleanup of areas contaminated with toxic substances that pose human health threats." More recently, many scientists reported that the Great Lakes are exhibiting signs of stress due to a combination of sources, including toxic contaminants, invasive species, nutrient loading, shoreline and upland land use changes, and hydrologic modifications. A 2005 report from a group
The zebra mussel, an aquatic invasive species, caused $3 billion in economic damage to the Great Lakes from 1993 to 2003. In 2000, seven people died after pathogens entered the Walkerton, Ontario drinking water supply from the lakes. In May of 2004, more than ten billion gallons of raw sewage and storm water were dumped into the Great Lakes. In that same year, over 1,850 beaches in the Great Lakes were closed. Each summer, Lake Erie develops a 6,300 square mile dead zone. There is no appreciable natural reproduction of lake trout in the lower four lakes. More than half of the Great Lakes region's original wetlands have been lost, along with 60% of the forests. Wildlife habitat has been destroyed, thus diminishing opportunities necessary for fishing, hunting and other forms of outdoor recreation.
The Great Lakes problems have been well-known for several years, and, in 2005, 1,500 people through the Great Lakes region worked together to compile recommendations for restoring the lakes. These recommendations were released in December 2005, and, today, I am introducing this legislation to implement many of those recommendations.
This bill would reduce the threat of new invasive species by enacting comprehensive invasive species legislation and put ballast technology on board ships; it specifically targets Asian carp by authorizing the improvement, operation and maintenance of the dispersal barrier. The bill would improve fish and wildlife habitat by providing additional resources to States and cities for water infrastructure. It would provide additional funding for contaminated sediment cleanup and would give the EPA additional tools under the Great Lakes Legacy Act to move projects along faster. The bill would create a new grant program to phase out mercury in products and to identify emerging contaminants. The bill would authorize the restoration and remediation of our waterfronts. It would authorize additional research through existing Federal programs as well as our non-federal research institutions. And it would authorize coordination of Federal programs.
The Great Lakes are a unique American treasure. We must recognize that we are only their temporary stewards. If Congress does not act to keep pace with the needs of the lakes, and the tens of millions of Americans dependent upon them and affected by their condition, the current problems will continue to build, and we may start to undo some of the good work that has already been done. We must be good stewards by ensuring that the Federal government meets its ongoing obligation to protect and restore the Great Lakes. This legislation will help us meet that great responsibility to future generations.
Sen. Orrin Hatch [R-UT]:
[Introducing S. 793] Mr. President, I rise today to introduce legislation to reauthorize the Traumatic Brain Injury Act. It is my pleasure to be joined in this effort by the Chairman of the Senate Health, Education, Labor and Pension Committee, Senator TED KENNEDY, with whom I worked on the original legislation over 10 years ago.
Sustaining a traumatic brain injury--or TBI--can be both catastrophic and devastating. The financial and emotional costs to the individual, family, and community are enormous. Traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability annually.
Individuals with TBI and their families are often faced with challenges, such as improper diagnosis, inability to access support or rehabilitation services, institutional segregation, unemployment, and being forced to navigate complicated and cumbersome service and support systems.
Of the 1.4 million who sustain a TBI each year in the United States: 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. Brain injuries are the most frequent reasons for visits to physicians and emergency rooms.
These statistics are more revealing when one considers that every 16 seconds someone in the U.S. sustains a head injury; and every 12 minutes, one of these people will die and another will become permanently disabled. Of those who survive, each year, an estimated 80,000 to 90,000 people experience the onset of long-term disability associated with a TBI. An additional 2,000 will exist in a persistent vegetative state.
Even more startling is the fact that brain injury kills more Americans under the age of 34 than all other causes combined and has claimed more lives since the turn of the century than all United States wars combined.
Recent publicity about brain injuries Americans have sustained in Iraq points out that TBI is an everyday threat to our servicemen and servicewomen--68 percent of war veterans are returning home with sustained brain injuries. According to the Defense and Veterans Brain Injury Center, which serves active duty military, their dependents and veterans with TBI, traumatic brain injury is one of the leading causes of death and disability on today's battlefield. While not specifically addressed by this bill, the Federal TBI program helps to provide resources that supplement the networks which serve our returning soldiers.
The distress of TBI is not limited to diagnosis. A survivor of a severe brain injury typically faces 5 to 10 years of intensive services and estimated lifetime costs can exceed $4 million. Direct medical costs and indirect costs such as lost productivity of TBI totaled an estimated $60 billion in the United States in 2000.
To recognize the large number of individuals and families struggling to access appropriate and community-based services, Senator Kennedy and I wrote the TBI Act of 1996, PL 104-166.
The TBI Act of 1996 launched an effort to conduct expanded studies and to establish innovative programs for TBI. It gave the Health Resources and Services Administration (HRSA) authority to establish a grant program for States to assist it in addressing the needs of individuals with TBI and their families. It also delegated responsibilities in the areas of research, prevention, and surveillance to the National Institutes of Health (NIH) and the Centers for Disease Control and Prevention (CDC), respectively.
Title XIII of the Children's Health Act of 2000, PL 106-310, reauthorized the programs of the TBI Act of 1996. This reauthorization also added a provision on protection and advocacy, P&A, services for individuals with TBI and their families by authorizing HRSA to make grants to State P&A Systems.
The Traumatic Brain Injury Act is the only Federal legislation that specifically addresses issues faced by 5.3 million American children and adults who live with a long-term disability as a result of traumatic brain injury. Reauthorization of the Traumatic Brain Injury Act will provide for the continuation of research, not only for the treatment of TBI, but also for prevention and awareness programs which will help decrease the occurrence of traumatic brain injury and improve the long-term outcome.
This legislation authorizes the Health Resources and Services Administration, HRSA, to make grants for projects of national significance that improve individual and family access to service systems; assist States in developing service capacity; improve monitoring and evaluation of rehabilitation services and supports; and address emerging needs of servicemen and women, veterans, and individuals and families who have experienced brain injury through service delivery demonstration projects.
This bill also authorizes HRSA to include the American Indian Consortium as an eligible recipient of competitive grants awarded to States, Territories, and the District of Columbia to develop comprehensive system of services and supports nationwide.
Furthermore, this bill instructs HRSA and the Administration on Developmental Disabilities to coordinate data collection regarding protection and advocacy services.
Also funded by the TBI program, the CDC supports multiple projects and programs, including those that monitor TBI, link people with TBI to information about services, and prevent TBI-related disabilities. These projects comprise initiatives such as generating national estimates for TBI deaths, hospitalizations, and emergency department visits; planning the future of TBI registries and data systems; and educating health care professionals about TBI. In addition, the CDC funds TBI research in various academic institutions to investigate TBI in children and adolescents.
This year, Congress has an opportunity to strengthen the TBI Act by authorizing the Centers for Disease Control and Prevention, CDC, to determine the incidence and prevalence of traumatic brain injury in the general population of the United States, including all age groups and persons in institutional settings such as nursing homes, correctional facilities, psychiatric hospitals, child care facilities, and residential institutes for people with developmental disabilities.
Brain injury is a complex issue and there is still much unknown. With Federal funds provided within the TBI program, researchers at the NIH are studying many issues related to the special cognitive and communication problems experienced by individuals who have traumatic brain injuries. Scientists are designing new evaluation tools to assess the special problems that children who have suffered traumatic brain injuries encounter. Because the brain of a child is vastly different from the brain of an adult, scientists are also examining the effects of various treatment methods that have been developed specifically for children. In addition, research is examining the effects of some medications on the recovery of speech, language, and cognitive abilities following traumatic brain injury. Reauthorization of the TBI program will enable this important research to continue and expand.
As I have mentioned, there is still a lot of unknown surrounding the issue of TBI; however, one aspect is definite, and that is that people are never the same after TBI. Not only are their lives forever changed, but they must face these changes in a compromised state. The TBI program offers balanced and coordinated public policy in brain injury prevention, research, education, and community-based services and supports for individuals living with traumatic brain injury and their families.
Reauthorization of the Traumatic Brain Injury Act will further provide mechanisms for the research, prevention, and treatment of TBI and the improvement of the quality of life for those Americans and their families who may sustain such a devastating disability. I ask my colleagues' support in promptly reauthorizing the Traumatic Brain Injury Act.
I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
Sen. Edward Kennedy [D-MA]:
Mr. President, it's a privilege to join with Senator HATCH in introducing legislation to reauthorize the Traumatic Brain Injury Act. The reauthorization will expand assistance to the millions of adults and children in the nation who are facing serious problems because of brain injuries. Its provisions also have a major role in meeting the critical needs facing many of our wounded soldiers returning home from the wars in Iraq and Afghanistan.
The numbers tell the story. As of this month, almost 25,000 service members have been wounded in Iraq, and approximately two-thirds of the injuries include brain injuries. Here at home, an extremely high number of children from birth to age 14 experience traumatic brain injuries--approximately 475,000 a year--and some of the most frequent injuries are among children under the age of five.
Soldiers and children--I cannot think of two more deserving groups of people in our nation.
Reauthorization of the Act is essential to continue the availability of federal funds for traumatic brain injury programs. The bill reauthorizes grants that assist States, Territories, and the District of Columbia in establishing and expanding coordinated systems of community-based services and supports for children and adults with such injuries. It also extends the ability to apply for these grants to American Indian Consortia.
When Congress approved the Traumatic Brain Injury Act as part of the Children's Health Act of 2000, we had the foresight to establish a specific provision called the Protection and Advocacy for Individuals with Traumatic Brain Injury Program. This program has proved to be essential because individuals with traumatic brain injuries have an array of needs, including assistance in returning to work, finding a place to live, obtaining supports and services such as attendant care and assistive technology, and obtaining appropriate mental health, substance abuse, and rehabilitation services.
Often these individuals--especially our returning veterans--must remain in extremely expensive institutions far longer than necessary, because the community-based supports and services they need are not available. Such services can lead both to reduced government expenditures and to increased productivity, independence and community integration, but the advocates must possess special skills, and their work is often time-intensive.
In addition, our legislation provides funds for CDC programs that provide extremely important data gathering and information on injury prevention. In a time when both the Administration and Congress are searching for programs that provide the right kind of "bang for the federal buck," an Institute of Medicine report last March showed that the TBI programs work. The programs in the Act were funded for a total of only $12 million dollars last year, and yet their benefit is obvious. Clearly these programs should be reauthorized and the funding should be increased. Although the reauthorization is for "such sums as may be necessary," we must do all we can to expand the appropriations in the years ahead in order to meet the urgent need for this assistance.
The IOM report called the current TBI programs an "overall success," stating that "there is considerable value in providing ..... funding," and "it is worrisome that the modestly budgeted HRSA TBI Program continues to be vulnerable to budget cuts." As the study suggests, this program must be continued and allowed to grow, so that each state has the resources necessary to maintain vital services and advocacy for the estimated 5.3 million people currently living with disabilities resulting from brain injury. When our wounded soldiers return to their communities, the services and supports they need must be available.
The nation owes these deserving people--especially our service members and our children--the services and advocacy available under these critical programs. I urge my colleagues to act quickly on this important reauthorization and enact this bipartisan bill as soon as possible.
Sen. Barack Obama [D-IL]:
[Introducing S. 795] Mr. President, I am proud to introduce the Citizenship Promotion Act (CPA) of 2007 with my good friend Congressman LUIS GUTIERREZ. In the Senate, we are joined by Senator SALAZAR, Senator MENENDEZ, and Senator Bingaman. The CPA will encourage the U.S. Citizenship and Immigration Services (USCIS) to charge fees for services to legal immigrants that are fair and reasonable, and it would remove other potential bureaucratic barriers to the pursuit of citizenship.
Immigration policy remains one of the most contentious and divisive issues in our politics. And it is contentious and divisive because our policies are full of mixed messages. We must state clearly what our immigration policy should achieve--a legal, orderly, and secure immigration system that values immigrants, recognizes our right to control who enters our country, and promotes the legal pursuit of citizenship.
Most recently, the unanimous declarations of our support for legal immigrants has run head on into a USCIS proposal to dramatically increase immigration application fees beyond the reach of many working class legal immigrants. For a family of four that is working hard and legally pursuing the American dream, the new fees could put citizenship out of reach for many immigrants. For a family of four, the new fees would raise the cost of the application for citizenship by 80 percent to more than
The Administration argues that people will pay any fee to become Americans. For many people, that is true. But for others, the new fee will send the message that they need only apply if they can afford it. It sends the message that we measure character based on income.
Our government has never provided services based on what people are willing to pay. That is why we are introducing the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair and that the citizenship process itself respects the individuality of each applicant.
For immigrants who choose to come to America and pursue citizenship, there are numerous barriers. First, family, friends, and community are left behind. The new communities they enter come with the challenge of a new language, different social norms, and sometimes discrimination. And yet, every year, thousands of immigrants fully embrace the values and ideals that make us all Americans and unite us in our common pursuit of a better, more democratic society.
The dues we charge legal immigrants for joining the American family, from application fees to naturalization tests to background checks are all necessary, but should not eliminate people on the basis of income, age, or ethnicity. Excessive fees, testing that asks trivial questions or is administered without consideration for the applicant's circumstances, and background checks that take years to complete tell us more about ourselves than they do about those wishing to enter.
We believe that there are ways to help cushion the blow to immigrants from increased costs without hurting the agency. The CPA would make it clear to the USCIS that application fees do not need to fund all direct and indirect costs. We would maintain fees at their current levels and require that before raising fees any further, the agency report to Congress on its direct and indirect costs and how much in appropriations it would need to establish reasonable and fair fees.
In addition to ensuring that fees are fair, we want to make sure that other aspects of pursuing citizenship are fair as well. Our bill requires that citizenship tests be administered with consideration for the applicant, that the agency work with the FBI to move background checks through the process more quickly, and that any new application procedure make it possible for people without Internet access to continue submitting their applications on paper. The bill also creates a new grant program to give community based organizations the resources necessary to prepare and equip immigrants to become citizens.
Let's stop sending mixed messages. Let's work together and set immigration fees at a level that are fair and consistent with our commitment to being an open, democratic, and egalitarian society.
Sen. Benjamin Cardin [D-MD]:
[Introducing S. 798] Mr. President, in just five years, our Nation will observe the bicentennial of a defining moment in our Nation's history--the war of 1812. Sometimes referred to as America's "Second War of Independence," the War of 1812 played a critical role in shaping our national heritage and identity. To ensure that this anniversary will be commemorated properly and in a timely manner, I am today re-introducing legislation to establish the Star Spangled Banner National Historic Trail and the Star-Spangled Banner and War of 1812 Bicentennial Commission. Joining me in co-sponsoring one or more of these measures are my colleagues Senators Mikulski, Warner, Webb, Levin, and Clinton. I spoke during the 109th Congress about the significance of the War of 1812, its impact on our Nation's history and culture and the rationale for these two measures. I want to highlight some of those principal points today.
The United States declared war on Britain in June 1812, after enduring years of naval blockades, trade restrictions with the European continent, and seizure of American ships and sailors in the ongoing war between Britain and France. With only a small army and practically no navy, our young Nation was ill-prepared to face Britain--then the world's preeminent naval power. By the summer of 1814 defeat seemed certain, with the British combined land and sea invasion of the Chesapeake region and the burning of the Capitol, the White House and much of the federal city. But in their attack on Baltimore, the British met stiff resistance. American patriots successfully defended Fort McHenry and the British invasion was repelled. It was during this battle that Francis Scott Key witnessed our flag flying intact, despite the continuous bombardment, and wrote
To commemorate the historic events associated with the War of 1812, eight years ago I joined with my predecessor, Senator Paul Sarbanes, in sponsoring legislation directing the National Park Service to conduct a study of the feasibility and desirability of designating the routes used by the British and Americans during the Chesapeake Campaign of the War of 1812 as a National Historic Trail. That study was completed in March 2004 and recommended that the proposed Star Spangled Banner National Historic Trail "..... be established by the Congress as a national historic trail with commemorative recreation and driving routes and water trails." The study found that the proposed series of land and water trails fully meet the eligibility criteria for designation as a National Historic Trail--they retain historic integrity, are nationally significant, and have significant potential for public recreational use and
The two pieces of legislation I am reintroducing today would implement these two recommendations of the National Park Service. The first measure would authorize the establishment of the Star Spangled Banner National Historic Trail, an approximately 290-mile series of land and water trails tracing the story of the only combined naval and land attack on the United States and the events leading up to the writing of the Star Spangled Banner. Sites along the National Historic Trail would mark some of the most important events of the War of 1812 including battles between the British Navy and the American Chesapeake Flotilla in St. Leonard's Creek in Calvert County; the British landing at Benedict; the Battle of Bladensburg; the burning of the Nation's Capitol, White House and Washington Navy Yard; the British naval feints up the Potomac River to Alexandria and on the upper Chesapeake Bay; the Battle of North Point; and the successful American defense of Fort McHenry on September 14, 1814, which inspired the poem that became our National Anthem. The second measure would
With the bicentennial of the War of 1812 quickly approaching, it is vital that the Congress move swiftly to approve these measures and enable the proper commemoration of this important period in our nation's history. The legislation will help provide Americans and visitors alike with a better understanding and appreciation of our heritage.
I ask unanimous consent that the text of the two measures I am introducing be printed in the Record.
There being no objection, the texts of the bills were ordered to be printed in the Record, as follows:
Sen. Thomas Harkin [D-IA]:
[Introducing S. 799] Mr. President, today, Senator Specter and I, and others introduce the Community Choice Act. This legislation is needed to truly bring people with disabilities into the mainstream of society and provide equal opportunity for employment and community activities.
In order to work or live in their own homes, Americans with disabilities and older Americans need access to community-based services and supports. Unfortunately, under current Medicaid policy, the deck is stacked in favor of living in an institutional setting. Federal law requires that States cover nursing home care in their Medicaid programs, but there is no similar requirement for attendant services. The purpose of our bill is to level the playing field, and to give eligible individuals equal access to the community- based services and supports that they need.
Although some States have already recognized the benefits of home and community-based services, they are unevenly distributed and only reach a small percentage of eligible individuals. Some States are now providing the personal care optional benefit through their Medicaid program, but others do not.
Those left behind are often needlessly institutionalized because they cannot access community alternatives. The civil right of a person with a disability to be integrated into their own community should not depend on their address. In Olmstead v. L.C., the Supreme Court recognized that needless institutionalization is a form of discrimination under the Americans with Disabilities Act. We in Congress have a responsibility to help States meet their obligations under Olmstead.
The Community Choice Act is designed to do just that, and to make the promise of the ADA a reality. It will help rebalance the current Medicaid long term care system, which spends a disproportionate amount on institutional services. Today, almost two-thirds of Medicaid long term care dollars are spent on institutional services, with only one-third going to community-based care.
This current imbalance means that individuals do not have equal access to community-based care throughout this country. An individual should not have to move to another State in order to avoid needless segregation. Nor should they have to move away from family and friends because their own choice is an institution.
Federal Medicaid policy should reflect the goals of the ADA that Americans with disabilities should have equal opportunity, and the right to fully participate in their communities. No one should have to sacrifice their ability to participate because they need help getting out of the house in the morning or assistance with personal care or some other basic service.
We have made some progress to date, as CMS has started to award Money Follows the Person demonstration grants. But that is only a start. Together, that initiative and the Community Choice Act could substantially reform long term services in this country. With appropriate community-based services and supports, we can transform the lives of people with disabilities. They can live with family and friends, not strangers. They can be the neighbor down the street, not the person warehoused down the hall. This is not asking too much. This is the bare minimum that we should demand for every human being.
Community based services and supports allow people with disabilities to lead independent lives, have jobs, and participate in the community. Some will become taxpayers, some will get an education, and some will participate in recreational and civic activities. But all will experience a chance to make their own choices and to govern their own lives.
The Community Choice Act will open the door to full participation by people with disabilities in our workplaces, our economy, and our American Dream and I urge all my colleagues to support us on this issue. I want to thank Senator Specter for his leadership on this issue and his commitment to improving access to home and community-based services for people with disabilities. I would also like to thank Senators Kennedy, Inouye, Salazar, Biden, Lieberman, Clinton, Schumer, and
I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the RECORD, as follows:
Sen. Barbara Boxer [D-CA]:
[Introducing S. 801] Mr. President, I am pleased to re-introduce legislation to name the Federal courthouse building at Tulare and "O" Streets in downtown Fresno, CA the "Robert E. Coyle United States Courthouse."
It is fitting that the Federal courthouse in Fresno be named for retired U.S. District Judge Robert E. Coyle, who is greatly respected and admired for his work as a judge and for his foresight and persistence that contributed so much to the Fresno Courthouse project. Judge Coyle has been a leader in the effort to build the courthouse in Fresno for more than a decade. Indeed, he personally supervised this project. He was often seen with his hard hat in hand, walking from his chambers to the new building to meet project staff.
Judge Coyle, working with the Clerk of the United States District Court for the Eastern District, conceived and founded a program called "Managing a Capitol Construction Program" to help others understand the process of having a courthouse built. This Eastern District program was so well received by national court administrators that it is now a nationwide program run by Judge Coyle.
In addition to meeting the needs of the court for additional space, the courthouse project has become a key element in the downtown revitalization of Fresno. Judge Coyle's efforts, and those in the community with whom he has worked, produced a major milestone when the building was occupied in January of 2006.
Judge Coyle has had a distinguished career as an attorney and on the bench. Appointed to California's Eastern District bench by President Ronald Reagan in 1982, Judge Coyle has served as a judge for the Eastern District for 20 years, including 6 years as senior judge. Judge Coyle earned his law degree from the University of California, Hastings College of the Law in 1956. He then worked for Fresno County as a Deputy District Attorney before going into private practice in 1958 with McCormick, Barstow, Sheppard, Coyle & Wayte, where he remained until his appointment by President Reagan.
Judge Coyle is very active in the community and has served in many judicial leadership positions, including: chair of the Space and Security Committee; chair of the Conference of the Chief District Judges of the Ninth Circuit; president of the Ninth Circuit District Judges Association; Member of the Board of Governors of the State Bar of California; and president of the Fresno County Bar.
My hope is that, in addition to serving the people of the Eastern District as a courthouse, this building will stand as a reminder to the community and people of California of the dedicated work of Judge Robert E. Coyle.
Sen. Michael Crapo [R-ID]:
[Introducing S. 802] Mr. President, I am pleased to introduce the Owyhee Initiative Implementation Act of 2007, a bill which is the result of a five-year collaborative effort between all levels of government, multiple users of public lands, and conservationists to resolve decades of heated land-use conflict in the Owyhee Canyonlands in the southwestern part of my home State of Idaho.
This is comprehensive land management legislation that enjoys far-reaching support among a remarkably diverse group of interests that live work and play in this special country.
Owyhee County contains some of the most unique and beautiful canyonlands in the world and offers large areas in which all of us can enjoy the grandeur and experience of untouched western trails, rivers, and open sky. It is truly magical country, and its natural beauty and traditional uses should be preserved for future generations. Owyhee County is traditional ranching country. Seventy-three percent of its land base is owned by the United States, and it is located within an hour's drive of one of the fastest growing areas in the nation, Boise, ID.
This combination of attributes, including location, is having an explosive effect on property values, community expansion and development and ever-increasing demands on public land. Given this confluence of circumstances and events, Owyhee County has been at the core of decades of conflict with heated political and regulatory battles. The diverse land uses co-exist in an area of intense beauty and unique character. The conflict over land management is both inevitable and understandable--how do we manage for this diversity and do so in a way that protects and restores the quality of that fragile environment?
In this context, the Owyhee County Commissioners and several others said "enough is enough" and decided to focus efforts on solving these problems rather than wasting resources on an endless fight. In 2001, The Owyhee County Commissioners, Hal Tolmie, Dick Reynolds, and Chris Salove, met with me and asked for my help. They asked whether I would support them if they could put together, at one table, the interested parties involved in the future of the County to try and reach some solutions. I told them that if they could get together a broad base of interests who would agree to collaborate in a process committed to problem-solving, I would dedicate myself to working with them and if they were successful, I would introduce resulting legislation. They agreed. Together, we set out on a six-year journey on a road that is as challenging as any in the
Owyhee Canyonlands. Sharp turns, steep inclines and declines, big sharp rocks, deep ruts, sand burrs, dust and a constant headwind is exactly what those of us who have worked so hard on this have faced every day.
This is very difficult work and in speaking of difficult work, I want to acknowledge the effort of my friend and colleague from Idaho, Representative MIKE SIMPSON, and the challenge he has taken on as he advocates his Central Idaho Economic Development Act. I support his work and his legislation.
The Commissioners appointed a Chairman, an extraordinary gentleman, Fred Grant. They formed the Work Group which included The Wilderness Society, Idaho Conservation League, The Nature Conservancy, Idaho Outfitters and Guides, the United States Air Force, the Sierra Club, the county Soil Conservation Districts, Owyhee Cattleman's Association, the Owyhee Borderlands Trust, People for the Owyhees, and the Shoshone Paiute Tribes to join in their efforts. All accepted, and work on this bill began. As this collaborative process gained momentum, the County Commissioners expanded the Work Group to include the South Idaho Desert Racing Association, Idaho Rivers United and the Owyhee County Farm Bureau. Very recently, the Commissioners have further expanded the effort to include the Foundation for North American Wild Sheep and the Idaho Backcountry Horsemen.
The Commissioners also requested that the Idaho State Department of Lands and the Bureau of Land Management to serve and those agencies have provided important support.
This unique group of people chose to work without a professional facilitator, preferring instead to deal with differences face-to-face and together create new ideas. For me, one of the most gratifying and emotional outcomes has been to see this group transform itself from polarized camps into an extraordinary force that has become known for its intense effort, comity, trust and willingness to work toward a solution.
They operated on a true consensus basis, only making decisions when there was no voiced objection to a proposal. They involved everyone who wanted to participate in the process and spent hundreds of hours discussing their findings, modifying preliminary proposals and ultimately reaching consensus solutions. They have driven thousands of miles inspecting roads and trails, listening to and soliciting ideas from people from all walks of life who have in common deep roots and deep interest in the Owyhee Canyonlands. They sought to ensure that they had a thorough understanding of the issues and could take proper advantage of the insights and experience of all these people.
While this whole process and its outcomes are indeed remarkable, one of the more notable developments is the Memorandum of Agreement between the Shoshone Paiute Tribes and the County that establishes government-to-government cooperation in several areas of mutual interest. I want to particularly note the efforts and support of Mr. Terry Gibson, Chairman of the Shoshone Paiute Tribes, a great leader and a personal friend.
All of these individuals and organizations have asked that I seek Senate approval of their collaborative effort, built from the ground up to chart their path forward.
The Owyhee Initiative transforms conflict and uncertainty into conflict resolution and assurance of future activity. Ranchers can plan for subsequent generations. Off-road vehicle users have access assured. Wilderness is established. The Shoshone-Paiute Tribe knows its cultural resources will be protected. The Air Force will continue to train its pilots. Local, State and Federal government agencies will have structure to assist their joint management of the region. And this will all happen within the context of the preservation of environmental and ecological health. This is indeed a revolutionary land management structure--and one that looks ahead to the future.
Principle features of the legislation include: development, funding and implementation of a landscape-scale program to review, recommend and coordinate landscape conservation and research projects; scientific review process to assist the Bureau of Land Management; designation of Wilderness and Wild and Scenic Rivers; release of Wilderness Study Areas; protections of tribal cultural and historical resources against intentional and unintentional abuse and desecration; development and implementation by the BLM of travel plans for public lands; and a board of directors with oversight over the administration and implementation of the Owyhee Initiative.
This can't be called ranching bill, or a wilderness bill, or an Air Force bill, or a Tribal bill. It is a comprehensive land management bill. Each interest got enough to enthusiastically support the final product, advocate for its enactment, and, most importantly, support the objectives of those with whom they had previous conflict.
Opposition will come from a few principal sources: those who simply don't want to have wilderness designated; those who don't want livestock anywhere on public land; and, those who do not want to see collaboration succeed. While I respect that opposition, I prefer to move forward in an effort that manages conflict and land, rather than exploit disagreements.
The status quo is unacceptable. The Owyhee Canyonlands and its inhabitants, including its people, deserve to have a process of conflict management and a path to sustainability. The need for this path forward is particularly acute given that this area is an hour's drive from one of the Nation's most rapidly-growing communities. The Owyhee Initiative protects water rights, releases wilderness study areas and protects traditional uses.
I commend the commitment and leadership of all involved. We have established a longterm, comprehensive management approach. It's been an honor for me to work with so many fine people and I will do everything in my power to turn this into law.
The Owyhee Initiative sets a standard for managing and resolving difficult land management issues in our country. After all, what better place to forge an historical change in our approach to public land management, than in this magnificent land that symbolizes livelihood, heritage, diversity, opportunity and renewal?
And with that, I would like to recognize and thank the people who have been the real driving force behind this process: Fred Grant, Chairman of the Owyhee Initiative Work Group, his assistant Staci Grant, and Dr. Ted Hoffman, Sheriff Gary Aman, the Owyhee County Commissioners: Hal Tolmie, Chris Salova, & Dick Reynolds and Chairman Terry Gibson of the Shoshone Paiute Tribes. I am grateful to Governor Jim Risch of the Great State of Idaho for all of his support. Thanks to: Colonel Rock of the United States Air Force at Mountain Home Air Force Base, Craig Gherke and John McCarthy of The Wilderness Society, Rick Johnson & John Robison of the Idaho Conservation League, Inez Jaca representing Owyhee County, Dr. Chad Gibson representing the Owyhee Cattleman's Association, Brenda Richards representing private property owners in Owyhee County, Cindy & Frank Bachman representing the Soil Conservation Districts in Owyhee County, Marcia Argust with the Campaign for America's Wilderness, Grant Simmons of the Idaho Outfitters and Guides Association, Bill Sedivy with Idaho Rivers United, Tim Lowry of the Owyhee County
The Owyhee Canyonlands and its inhabitants are truly a treasure of Idaho and the United States; I hope you will join me in ensuring their future.
I ask unanimous consent that the text of the bill be printed in the RECORD.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,<p> SECTION 1. SHORT TITLE; TABLE OF CONTENTS.<p> (a) Short Title.--This Act may be cited as the "Owyhee Initiative Implementation Act of 2007".
(b) Table of Contents.--The table of contents for this Act is as follows:<p>
Sec..1..Short title; table of contents.<p> Sec..2..Findings; purpose.<p> Sec..3..Definitions.<p> Sec..4..General provisions.
Sec..101..Implementation.<p> Sec..102..Science review program.<p> Sec..103..Conservation and research center program.<p> Sec..104..Authorization of appropriations.
Sec..201..Wilderness designation.<p> Sec..202..Designation of wild and scenic rivers.<p> Sec..203..Administration of wilderness and wild and scenic rivers.<p> Sec..204..Land exchanges and acquisitions and grazing preferences.<p> Sec..205..Authorization of appropriations.
Sec..301..Transportation plans.<p> Sec..302..Authority.<p> Sec..303..Cooperative agreements.<p> Sec..304..Authorization of appropriations.
Sec..401..Findings.<p> Sec..402..Implementation.<p> Sec..403..Authorization of appropriations.<p> SEC. 2. FINDINGS; PURPOSE.<p> (a) Findings.--Congress finds that--<p> (1) the Owyhee-Bruneau Canyonlands Region is one of the most spectacular high deserts in the United States, unique in geology and rich in history;<p> (2) the Shoshone Paiute Indian tribes have put forth claims to aboriginal rights in the Region;<p> (3) since the 1860s, ranching has been an important part of the heritage, culture, and economy of the Region;<p> (4) the Region has tremendous opportunities for outdoor recreation;<p> (5) there has been longstanding conflict over management of the public land in the Region;<p> (6) in 2001, the Owyhee County Board of Commissioners and the Tribes brought together a diverse group of interests, with the intent that the Tribes and the County, through government-to-government coordination, could mutually launch a process for achieving resolution of land use conflicts, protection of the landscape resource, protection of cultural resources, and economic stability; and<p> (7) as a result of the process described in paragraph (6), the Owyhee Initiative Agreement, an agreement between a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, was formed to develop a natural resources project that promotes ecological and economic health within the County.<p> (b) Purpose.--The purpose of this Act is to provide for the implementation of the Owyhee Initiative Agreement to--<p> (1) preserve the natural processes that create and maintain a functioning, unfragmented landscape that supports and sustains a flourishing community of human, plant, and animal life;<p> (2) provide for economic stability by preserving livestock grazing as an economically viable use; and<p> (3) provide for the protection of cultural resources.<p> SEC. 3. DEFINITIONS.<p> In this Act:<p> (1) BOARD.--The term "Board" means the Board of Directors of the Owyhee Initiative Project.<p> (2) BUREAU.--The term "Bureau" means the Bureau of Land Management.<p> (3) COUNTY.--The term "County" means Owyhee County, Idaho.<p> (4) ORDINARY HIGH WATER MARK.--The term "ordinary high water mark" shall have such meaning as is given the term by the legislature of the State.<p> (5) OWYHEE FRONT.--The term "Owyhee Front" means that 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.<p> (6) OWYHEE INITIATIVE AGREEMENT.--The term "Owyhee Initiative Agreement" means the agreement that provides for the implementation of a project for the promotion of ecological and economic health within the County entered into by a coalition of representatives of landowners, ranchers, environmental organizations, County government, and recreation groups appointed in the County by the Board of County Commissioners, entitled "Owyhee Initiative Agreement", as amended on May 10, 2006.<p> (7) PLAN.--The term "Plan" means the Shoshone Paiute Tribal Cultural Resource Protection Plan approved by the Tribes.<p> (8) SECRETARY.--The term "Secretary" means the Secretary of the Interior.<p> (9) STATE.--The term "State" means the State of Idaho.<p> (10) TRIBES.--The term "Tribes" means the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation.<p> SEC. 4. GENERAL PROVISIONS.<p> (a) No Precedence.--Nothing in this Act establishes a precedent with regard to any future legislation.<p> (b) Native American Recognition and Uses.--Nothing in this Act diminishes or otherwise affects-- <p> (1) the trust responsibility of the United States to Indian tribes and Indian individuals;<p> (2) the government-to-government relationship between the United States and federally recognized Indian tribes;<p> (3) the rights of any Indian tribe, including rights of access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities; or<p> (4) the sovereignty of any Indian tribe.
<center>TITLE I--OWYHEE INITIATIVE AGREEMENT</center>
SEC. 101. IMPLEMENTATION.<p> (a) In General.--The Secretary shall coordinate with the Board and the County in implementing this Act in accordance with applicable laws and regulations.<p> (b) Effect on Public Participation.--Nothing in this Act diminishes or otherwise affects any applicable law or regulation relating to public participation.<p> SEC. 102. SCIENCE REVIEW PROGRAM.<p> (a) In General.--The Secretary shall coordinate with the Board in the conduct of the science review process as described in the Owyhee Initiative Agreement.<p> (b) Management Actions.--Notwithstanding the review process under this section, the Secretary shall proceed with management actions in a timely manner in accordance with applicable laws (including regulations).<p> SEC. 103. CONSERVATION AND RESEARCH CENTER PROGRAM.<p> The Secretary shall coordinate with the Board with respect to the conservation and research center program, as described in the Owyhee Initiative Agreement.<p> SEC. 104. AUTHORIZATION OF APPROPRIATIONS.<p> There is authorized to be appropriated to the Secretary to carry out this title $20,000,000.
<center>TITLE II--WILDERNESS AND WILD AND SCENIC RIVERS</center>
SEC. 201. WILDERNESS DESIGNATION.<p> (a) In General.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:<p> (1) BIG JACKS CREEK WILDERNESS.--Certain land comprising approximately 51,624 acres, as generally depicted on the map entitled "Big Jacks Creek Wilderness" and dated September 1, 2006, which shall be known as the "Big Jacks Creek Wilderness".<p> (2) BRUNEAU-JARBIDGE RIVERS WILDERNESS.--Certain land comprising approximately 91,328 acres, as generally depicted on the map entitled "Bruneau-Jarbidge Rivers Wilderness" and dated September 1, 2006, which shall be known as the "Bruneau-Jarbidge Rivers Wilderness".<p> (3) LITTLE JACKS CREEK WILDERNESS.--Certain land comprising approximately 49,647 acres, as generally depicted on the map entitled "Little Jacks Creek Wilderness" and dated September 1, 2006, which shall be known as the "Little Jacks Creek Wilderness".<p> (4) NORTH FORK OWYHEE WILDERNESS.--Certain land comprising approximately 43,113 acres, as generally depicted on the map entitled "North Fork Owyhee Wilderness" and dated September 1, 2006, which shall be known as the "North Fork Owyhee Wilderness".<p> (5) OWYHEE RIVER WILDERNESS.--Certain land comprising approximately 269,016 acres, as generally depicted on the map entitled "Owyhee River Wilderness" and dated September 1, 2006, which shall be known as the "Owyhee River Wilderness".<p> (6) POLE CREEK WILDERNESS.--Certain land comprising approximately 12,468 acres, as generally depicted on the map entitled "Pole Creek Wilderness" and dated September 1, 2006, which shall be known as the "Pole Creek Wilderness".<p> (b) Release of Wilderness Study Areas.--<p> (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 in the following areas has been adequately studied for wilderness designation:<p> (A) The Sheep Creek East Wilderness Study Area.<p> (B) The Sheep Creek West Wilderness Study Area.<p> (C) The Squaw Creek Canyon Wilderness Study Area.<p> (D) The West Fork Red Canyon Wilderness Study Area.<p> (E) The Upper Deep Creek Wilderness Study Area.<p> (F) The Big Willow Springs Wilderness Study Area.<p> (G) The Middle Fork Owyhee River Wilderness Study Area.<p> (H) Any portion of the wilderness study areas--<p> (i) not designated as wilderness by subsection (a); and<p> (ii) designated for release on the map dated September 1, 2006.<p> (2) RELEASE.--Any public land described in paragraph (1) that is not designated as wilderness by this subsection--<p> (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<p> (B) shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712).<p> (c) Maps and Legal Descriptions.--<p> (1) 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 Resources of the House of Representatives a map and legal description for each area designated as wilderness by this Act.<p> (2) EFFECT.--Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in such a map or legal description.<p> (3) AVAILABILITY OF MAPS.--The maps submitted under paragraph (1) shall be available for public inspection in--<p> (A) the offices of the Idaho State Director of the Bureau; and<p> (B) the offices of the Boise and Twin Falls Districts of the Bureau.<p> SEC. 202. DESIGNATION OF WILD AND SCENIC RIVERS.<p> (a) Statement of Intent.--The intent of wild, scenic, and recreational river designations under this subsection is to resolve the wild, scenic, and recreational river status of the segments within the County, as depicted on the maps submitted under section 201(c).<p> (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended--<p> (1) by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);<p> (2) by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);<p> (3) by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and<p> (4) by adding at the end the following:<p> "(170) BATTLE CREEK, IDAHO.--The 23.4 miles of Battle Creek in the State of Idaho 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.<p> "(171) BIG JACKS CREEK, IDAHO.--The 35.0 miles of Big Jacks Creek in the State of Idaho 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, Idaho, to be administered by the Secretary of the Interior as a wild river.<p> "(172) BRUNEAU RIVER, IDAHO.--<p> "(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 and the Jarbidge River, to be administered by the Secretary of the Interior as a wild river.<p> "(B) EXCEPTION.--Notwithstanding subparagraph (A), the .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.<p> "(173) WEST FORK OF THE BRUNEAU RIVER, IDAHO.--The 6.2 miles of the West Fork of the Bruneau River in the State of Idaho from the confluence with the Jarbidge River to the upstream Bruneau-Jarbidge Rivers Wilderness border, to be administered by the Secretary of the Interior as a wild river.<p> "(174) CAMAS CREEK, IDAHO.--The 3.0 miles of Camas Creek in the State of Idaho from the confluence with Pole Creek to the east boundary of sec. 26, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.<p> "(175) COTTONWOOD CREEK, IDAHO.--The 2.6 miles of Cottonwood Creek in the State of Idaho 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.<p> "(176) DEEP CREEK, IDAHO.--The following segments of Deep Creek in the State of Idaho, to be administered by the Secretary of the Interior:<p> "(A) 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, Idaho, as a wild river.<p> "(B) The 26.4-mile segment of Deep Creek from the boundary of Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, Idaho, to the upstream crossing of Mud Flat Road, as a scenic river.<p> "(177) DICKSHOOTER CREEK, IDAHO.--The 11.0 miles of Dickshooter Creek in the State of Idaho from the confluence with Deep Creek to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.<p> "(178) DUNCAN CREEK, IDAHO.--The following segments of Duncan Creek in the State of Idaho, to be administered by the Secretary of the Interior:<p> "(A) The 5.2-mile segment of Duncan Creek from the eastern boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, Idaho, upstream to the NW 1/4 of sec. 1, T. 11 S., R. 3 E., Boise Meridian, Idaho, as a scenic river.<p> "(B) The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the beginning of the Duncan Creek Scenic River segment, as a wild river.<p> "(179) JARBIDGE RIVER, IDAHO.--The 28.8 miles of the Jarbidge River in the State of Idaho 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.<p> "(180) LITTLE JACKS CREEK, IDAHO.--The 13.2 miles of Little Jacks Creek in the State of Idaho from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the NW 1/4 of sec. 27, T. 9 S., R. 2 E., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a wild river.<p> "(181) LITTLE OWYHEE, IDAHO.--The 11.0 miles of the Little Owyhee in the State of Idaho from the confluence with the South Fork 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.<p> "(182) NORTH FORK OF THE OWYHEE RIVER, IDAHO.--The following segments of the North Fork of the Owyhee River in the State of Idaho, to be administered by the Secretary of the Interior:<p> "(A) The 5.7-mile segment of the North Fork of the Owyhee River from the Idaho-Oregon State border to the Wild River segment of the North Fork of the Owyhee River, as a recreational river.<p> "(B) The 15.1-mile segment of the North Fork of the Owyhee River from the western/downstream boundary of the North Fork Owyhee River Wilderness to the northern/upstream boundary of the North Fork Owyhee River Wilderness, as a wild river.<p> "(183) OX PRONG, IDAHO.--The 1.3 miles of the Ox Prong in the State of Idaho from the confluence with Little Jacks Creek to the upstream boundary of the Little Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.<p> "(184) OWYHEE RIVER, IDAHO.--The 67.3 miles of the Owyhee River in the State of Idaho 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, subject to the conditions that--<p> "(A) motorized access shall be permitted at Crutchers Crossing; and<p> "(B) any crossing shall remain unconstructed.<p> "(185) POLE CREEK, IDAHO.--The 14.3 miles of Pole Creek in the State of Idaho from the confluence with Deep Creek upstream to the south boundary of sec. 16, T. 10 S., R. 2 W., Boise Meridian, Idaho, to be administered by the Secretary of the Interior as a scenic river.<p> "(186) RED CANYON, IDAHO.--The 4.6 miles of Red Canyon in the State of Idaho 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.<p> "(187) SHEEP CREEK, IDAHO.--The 25.6 miles of Sheep Creek in the State of Idaho 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.<p> "(188) SOUTH FORK OF THE OWYHEE RIVER, IDAHO.--<p> "(A) IN GENERAL.--Except as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho-Nevada State border shall be administered by the Secretary of the Interior as a wild river.<p> "(B) EXCEPTION.--Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River across the private lands in secs. 25 and 36, T. 14 S., R. 5 W., Boise Meridian, Idaho, shall be administered by the Secretary of the Interior as a recreational river.<p> "(189) WICKAHONEY, IDAHO.--The 1.5 miles of Wickahoney Creek in the State of Idaho 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.".<p> (c) Extent of Boundaries.--Notwithstanding section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the wild and scenic river corridor for a river designated as a wild and scenic river by any of paragraphs (170) through (189) of section 3(a) of that Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be the ordinary high water mark.<p> (d) Maps and Legal Descriptions.--<p> (1) 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 Resources of the House of Representatives the map and legal description of each segment of a river designated as a wild and scenic river under this section or an amendment made by this section.<p> (2) EFFECT.--Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions.<p> (3) AVAILABILITY OF MAPS.--The maps submitted under paragraph (1) shall be available for public inspection in--<p> (A) the offices of the Idaho State Director of the Bureau; and<p> (B) the offices of the Boise and Twin Falls districts of the Bureau.<p> (e) Water Rights.--Water Rights relating to a segment of a river designated as a wild and scenic river under any of paragraphs (170) through (189) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (b)) shall be reserved in accordance with--<p> (1) the provisions of that Act (16 U.S.C. 1271 et seq.);<p> (2) the laws and regulations of the State; and<p> (3) the Owyhee Initiative Agreement.<p> SEC. 203. ADMINISTRATION OF WILDERNESS AND WILD AND SCENIC RIVERS.<p> (a) Management.--Subject to valid existing rights, each area designated as wilderness by section 201 shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--<p> (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<p> (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior with respect to land administered by the Secretary of the Interior.<p> (b) Inventory.--In accordance with the Owyhee Initiative Agreement, not later than 1 year after the date on which a wilderness is designated under section 201, the Bureau shall conduct an inventory of wilderness grazing management facilities and activities in the wilderness.<p> (c) Livestock.--In the wilderness areas designated by section 201 that are administered by the Bureau, 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, 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.<p> (d) Recreational Saddle and Pack Stock.--Nothing in this Act precludes horseback riding or the use of recreational saddle or pack stock in any wilderness designated by section 201.<p> (e) Outfitting and Guiding Activities.--<p> (1) In general.--Consistent with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)) and subject to any regulations that the Secretary determines to be necessary, the Secretary shall permit the continuation of outfitting and guiding activities in any wilderness designated by section 201.<p> (2) Effect of designation.--Designation of an area as wilderness areas under section 201 shall not require the Secretary to limit the conduct of outfitting activities or the use of the system of reserved camps and allocated river launches designated for use by members of the public that use outfitter services that are in existence before the date of enactment of this Act.<p> (f) Access to Non-Federal Land.--Nothing in this Act denies an owner of non-Federal land the right to access the land.<p> (g) Roads Adjacent to Wilderness.--With respect to any road adjacent to a wilderness designated by section 201 (as depicted on the applicable map), the boundary of the wilderness shall be--<p> (1) 100 feet from the center line for a primary road;<p> (2) 50 feet from the center line for a primitive wilderness boundary road; and<p> (3) 30 feet on either side of the center line for an interior wilderness division or cherrystem road.<p> (h) Wildlife Management.--<p> (1) IN GENERAL.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping in any wilderness designated by section 201.<p> (2) MANAGEMENT ACTIVITIES.--<p> (A) IN GENERAL.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats necessary to support such populations may be carried out in any wilderness designated by section 201, if the management activities are--<p> (i) consistent with relevant wilderness management plans; and<p> (ii) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101-405.<p> (B) INCLUSIONS.--Management activities under subparagraph (A) 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 the promotion of such outcomes.<p> (3) 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 continue to use aircraft (including helicopters) in the wilderness areas designated by section 201 to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep and feral stock, horses, and burros.<p> (i) Wildfire Management.--Consistent with section 4 of the Wilderness Act (16 U.S.C. 1133), nothing in this title precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment) to manage wildfires in any wilderness designated by section 201.<p> (j) Incorporation of Acquired Land and Interests.--Any land or interest within the perimeter of, or adjacent to, an area designated as a wilderness by section 201 or any land or interest described in section 204 that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness within which the acquired land or interest is located.<p> (k) Adjacent Management.--<p> (1) IN GENERAL.--The designation of a wilderness by section 201 shall not create any protective perimeters or buffer zones around the wilderness.<p> (2) NONWILDERNESS ACTIVITIES.--The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness or wild and scenic river designated under this section shall not preclude the conduct of those activities or uses outside the boundary of the wilderness or wild and scenic river.<p> (l) Military Overflights.--Nothing in this section restricts or precludes--<p> (1) low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the areas designated as a wilderness by section 201, including military overflights that can be seen or heard within the wilderness or wild and scenic river areas;<p> (2) flight testing and evaluation;<p> (3) the designation or creation of new units of special use airspace, the expansion of units of special use airspace in existence on the date of enactment of this Act, or the use or establishment of military flight training routes over the wilderness or wild and scenic river areas; or<p> (4) emergency access and response.<p> (m) Water Rights.--In accordance with section 4(d)(6) of the Wilderness Act (16 U.S.C. 1133(d)(6)), nothing in this Act provides an express or implied claim or denial of the Federal Government with respect to any exemption from water laws of the State.<p> SEC. 204. LAND EXCHANGES AND ACQUISITIONS AND GRAZING PREFERENCES.<p> (a) Exchanges and Acquisitions.--<p> (1) FINDINGS.--Congress finds that--<p> (A) the consolidation of land ownership would facilitate sound and efficient management for public and private land and serve important public objectives, including--<p> (i) the enhancement of public access, aesthetics, and recreational opportunities within and adjacent to designated wilderness and wild and scenic river areas; and<p> (ii) the protection and enhancement of wildlife habitat, including sensitive species;<p> (B) time is of the essence in completing appropriate land exchanges because further delays may force landowners to construct roads in, develop, or sell private land inholdings, and diminish the public values for which the private land is to be acquired; and<p> (C) it is in the public interest to complete the land exchanges at the earliest practicable date so that the land acquired by the United States can be preserved for protection of wilderness character, wildlife habitat, and permanent public use and enjoyment.<p> (2) AUTHORIZATION.--The Secretary may acquire, by purchase or other exchange, any land or interest offered by an owner under paragraph (3), subject to the conditions described in paragraph (4).<p> (3) OFFERS TO CONVEY.--<p> (A) IN GENERAL.--An owner of land or an interest identified under the document entitled "Land Exchanges and Acquisitions" and dated September 1, 2006, may offer to convey the land or interest to the Secretary by purchase or exchange if the owner has submitted to the Secretary, on or before the date of enactment of this Act--<p> (i) a written notice of the intent to exchange or sell the land or interest;<p> (ii) an identification of each parcel of land and each interest to be exchanged or sold;<p> (iii) a description of the value of each parcel of land and each interest as described in that document; and<p> (iv) in the case of an exchange, a description of the Federal land sought for the exchange.<p> (B) CONVEYANCE BY SALE.--<p> (i) IN GENERAL.--Subject to the availability of funds, the Secretary shall acquire any land or interests offered for purchase under subparagraph (A) as soon as practicable after the date of enactment of this Act.<p> (ii) ELECTION TO RECEIVE CASH.--If an owner makes an election under subparagraph (C)(iii)(II), the Secretary shall acquire by sale the land or interest of the owner as soon as practicable after the date on which the Secretary receives a notice of the election of the owner.<p> (C) CONVEYANCE BY DIRECT EXCHANGE.--<p> (i) IN GENERAL.--On the election of an owner that has submitted an appropriate notice under subparagraph (A)(i), the Secretary may acquire land or property interests identified as eligible for exchange in the document entitled "Land Exchanges and Acquisitions" and dated September 1, 2006, in exchange for Federal land that is--<p> (I) of equal value to the land or property interests, as determined by appraisals of the applicable Federal land, with or without development rights;<p> (II) located in the County; and<p> (III) described in the document referred to in subparagraph (A).<p> (ii) ACTION BY SECRETARY.--Not later than 60 days after the date on which the appraisals of applicable land are completed, the Secretary shall offer to enter into an exchange under this subparagraph with each appropriate owner of land or a property interest offered for exchange under subparagraph (A).<p> (iii) DECISIONS BY OWNERS.--Not later than 60 days after the date on which the appraisals of applicable land are completed, an owner of land or a property interest subject to an exchange under this subparagraph may elect--<p> (I) to waive any applicable development right relating to the Federal land to be exchanged, subject to the adjustment of the exchange to achieve like values;<p> (II) to receive cash in lieu of Federal land for all or any portion of the land or property interest to be exchanged; or<p> (III) to withdraw from participation in any exchange program.<p> (iv) APPLICABILITY OF OTHER LAW.--Except as otherwise provided in this section, each exchange of Federal land under this section shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management.<p> (D) FACILITATED LAND EXCHANGES.--<p> (i) IN GENERAL.--Not later than 30 days after the date of enactment of this Act, the Secretary shall offer to enter into a facilitated land exchange in accordance with subparagraph (A) and conducted through a land exchange facilitator to be designated by the Board.<p> (ii) EXCHANGE OFFER.--<p> (I) IN GENERAL.--Not later than 60 days after the date on which the appraisals of applicable land are completed, the land exchange facilitator shall submit to the Secretary an offer to exchange private land for Federal land in the County.<p> (II) REQUIREMENT.--An offer to exchange under subclause (I) shall demonstrate that the appraised value of the private land is equal or approximately equal to the appraised value, with or without development rights, of the Federal land offered for exchange.<p> (4) CONDITIONS.--<p> (A) TITLE.--Title to any private land conveyed under this subsection shall--<p> (i) be acceptable to the Secretary; and<p> (ii) conform with title approval standards applicable to Federal land acquisitions.<p> (B) VALID EXISTING RIGHTS.--Conveyances under this subsection shall be subject to valid existing rights of record.<p> (5) EFFECT OF SUBSECTION.--Nothing in this subsection--<p> (A) creates any compensable property right or title with respect to grazing preferences; or<p> (B) affects any public access route on Federal land exchanged under this subsection.<p> (b) Grazing Preferences.--<p> (1) IN GENERAL.--A holder of a valid grazing preference with respect to all or a portion of any Federal land designated by this Act as a wilderness may voluntarily offer to the Secretary for sale or donation all or any portion of the grazing preference.<p> (2) NOTICE.--To offer a grazing preference for sale or donation under paragraph (1), the holder of the grazing preference shall submit to the Secretary a written notice of the intent of the holder, including--<p> (A) a description of the Federal land to which the grazing preference applies; and<p> (B) the date on which the holder will relinquish use of the grazing preference, which shall be not later than 1 year after the date on which the notice is submitted.<p> (3) CONSIDERATION.--The Secretary shall provide to a holder that offers a grazing preference for sale under paragraph (1) consideration in accordance with the schedule of payments described in the document described in subsection (a)(3)(A).<p> (4) CANCELLATION AND RETIREMENT OF LIVESTOCK GRAZING.--Beginning on the date identified under paragraph (2)(B)--<p> (A) the applicable grazing preference shall be canceled; and<p> (B) the associated livestock grazing shall be permanently retired.<p> (5) FENCING.--The Secretary shall install and maintain any fencing and other structures required to prevent grazing use of any Federal land on which a grazing preference has been voluntarily sold or donated under this subsection.<p> SEC. 205. AUTHORIZATION OF APPROPRIATIONS.<p> There are authorized to be appropriated to the Bureau such sums as are necessary to carry out this title.
<center>TITLE III--TRANSPORTATION AND RECREATION MANAGEMENT</center>
SEC. 301. TRANSPORTATION PLANS.<p> (a) In General.--The Bureau shall develop and implement transportation plans for land managed by the Bureau outside of wilderness areas in the County.<p> (b) Consultation and Coordination.--The transportation plans and cooperative agreements shall be developed in consultation and coordination with appropriate Federal Government entities, tribal government entities, and State and local government entities consistent with--<p> (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);<p> (2) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and<p> (3) any other applicable laws.<p> (c) Inclusions.--The Bureau shall ensure that all areas of the County managed by the Bureau, including areas that are remote and rarely used for motorized recreation, are included and in transportation plans developed under subsection (a) to--<p> (1) provide for management of anticipated growth in recreational use of the land; and<p> (2) develop a system to provide a wide range of recreational opportunities and experiences for all users.<p> (d) Limitation.--Transportation plans under subsection (a) shall not affect the status of any road adjacent to any wilderness (as depicted on the applicable map). <p> (e) System of Routes.--<p> (1) IN GENERAL.--Each transportation plan under subsection (a) shall--<p> (A) establish a system of designated roads and trails;<p> (B) include a multiple use recreational trail system, that provides a wide range of recreational opportunities and experiences for all users while protecting natural and cultural resources;<p> (C) limit the use of motorized and mechanized vehicles to designated roads and trails;<p> (D) address use of snow vehicles on roads, trails, and areas designated for such use;<p> (E) be based on resource and route inventories;<p> (F) include designation of routes and route systems that are open or closed; and<p> (G) include provisions relating to, with respect to the applicable land--<p> (i) trail construction and reconstruction;<p> (ii) road and trail closure;<p> (iii) seasonal closures or restrictions;<p> (iv) restoration of disturbed areas;<p> (v) monitoring;<p> (vi) maintenance;<p> (vii) maps;<p> (viii) signs;<p> (ix) education; and<p> (x) enforcement.<p> (2) TEMPORARY LIMITATION.--<p> (A) IN GENERAL.--Except as provided in subparagraph (B), until the date on which the Bureau completes transportation planning, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails in existence on the day before the date of enactment of this Act.<p> (B) EXCEPTIONS.--<p> (i) IN GENERAL.--Subparagraph (A) shall not apply to areas specifically identified as open, closed, or limited under the Owyhee resource management plan.<p> (ii) HEMMINGWAY BUTTE AREA.--Notwithstanding subparagraph (A), the Bureau may take into consideration maintaining the Hemmingway Butte area as open to cross-country travel.<p> (f) Schedule.--<p> (1) OWYHEE FRONT.--Not later than 1 year after the date of enactment of this Act, the Bureau shall complete a transportation plan for the Owyhee Front.<p> (2) OTHER FEDERAL LANDS IN THE COUNTY.--Not later than 3 years after the date of enactment of this Act, the Bureau shall complete a transportation plan for Federal land in the County outside the Owyhee Front.<p> SEC. 302. AUTHORITY.<p> Transportation and travel management under this title shall not affect the authority of the Bureau to manage or regulate off-highway vehicle use under title 43, Code of Federal Regulations (as in effect on September 25, 2005).<p> SEC. 303. COOPERATIVE AGREEMENTS.<p> (a) In General.--As soon as practicable, after the date of enactment of this Act, the Bureau shall offer to enter into cooperative agreements with the County--<p> (1) to establish a cooperative search and rescue program; and<p> (2) to implement and enforce the transportation plans described in this section.<p> (b) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau such sums as are necessary--<p> (1) to carry out search and rescue operations in the County; and<p> (2) to develop, implement, and enforce off-highway motor vehicle transportation plans under this section.<p> SEC. 304. AUTHORIZATION OF APPROPRIATIONS.<p> There are authorized to be appropriated to the Bureau such sums as are necessary to accelerate completion and implementation by the Bureau of the transportation plan for the Owyhee Front and subsequent transportation plans for the remainder of the County.
<center>TITLE IV--CULTURAL RESOURCES</center>
SEC. 401. FINDINGS.<p> Congress finds that--<p> (1) the County is rich in history and culture going back thousands of years;<p> (2) the cultural and historical resources important to the people and ancestors of the Tribes must be protected against abuse and desecration, whether intentional or unintentional;<p> (3) there are opportunities--<p> (A) to increase knowledge of cultural resources;<p> (B) to monitor influences from outside forces; and<p> (C) to improve the inspection and supervision of major cultural sites;<p> (4) inventory and monitoring programs that identify and document cultural sites and the condition of those sites over time would--<p> (A) assist in ensuring the preservation of the sites; and<p> (B) help to focus resources--<p> (i) to ensure compliance with prohibitions against destruction and or removal of cultural items; and<p> (ii) to prevent inadvertent negative impacts;<p> (5) the Owyhee Initiative Agreement will--<p> (A) support a broad range of measures to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes; and<p> (B) provide for the implementation of the Plan; and<p> (6) the implementation of the Plan should--<p> (A) be consistent with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and<p> (B) recognize that--<p> (i) the right of Indians to self-government results from the inherent sovereignty of Indian tribes; and<p> (ii) the United States--<p> (I) has a special and unique legal and political relationship with federally recognized Indian tribes; and<p> (II) is obligated to develop a government-to-government relationship with Indian tribes under the Constitution, treaties, Federal law, and the course of dealings with Indian tribes.<p> SEC. 402. IMPLEMENTATION.<p> The Tribes shall implement the Plan.<p> SEC. 403. AUTHORIZATION OF APPROPRIATIONS.<p> There are authorized to be appropriated to the Tribes to carry out this title--<p> (1) $900,000 for fiscal year 2008; and<p> (2) $900,000 for each of fiscal years 2009 through 2012.
Mr. ROCKFELLER: [Introducing S. 803] Mr. President, today I am proud to join with bipartisan colleagues, Senators CORNYN, KOHL, SNOWE, and COLEMAN, to try to increase investments in the successful Child Support Enforcement program.
Our Federal child support enforcement is an extraordirary program. In 2005, the program collected $23 billion to serve 16 million children and families, with a Federal investment of only approximately $4 billion. For every dollar invested in this Program, there is a return of $4.58. This program is a real bargain.
Child support enforcement is a program that deserves more investment because it works, and because it provides long term support for children. The historic welfare reform of 1996 changed Federal assistance to families with children to a temporary program that only provides 60 months of support. Currently 3.4 million children are cotered by welfare reform. Child support serves more children, and helps to ensure that their parents provide support until the age of 18. This program is essential for families, and it promotes our fundamental value of parental responsibility.
As part of the Deficit Reduction Act of 2006, new limits were imposed on Federal incentive funds to prohibit the match. While this provision saved almost $3 billion, the Congressional Budget Office (CBO) estimated that children and families would loose $8.3 billion. That is a bad deal.
Our bill is designed to fix this problem and continue to invest in a program that has been proven to work so well for our children and families. In my personal view, it is better to encourage families to rely on child support from their parents first.
In the past, my State of West Virginia has used its incentive payments and matching funding to support computers and staff investments. According to our West Virginia Bureau, prior to incentive funding, the agency had 18 percent to 20 percent staff turnover. But with incentive funding, staff turnover has been reduced to 10 percent and West Virginia collections are up to $180 million. This is very good for my State.
I believe this bipartisan bill will be a good deal for child support enforcement, our children and families, and our States.
I ask unanimous consent that, three letters of support and the text of the bill be printed in the RECORD. I truly appreciate the support of National Conference of State Legislatures, The National Child Support Enforcement Association, and the joint support of advocacy groups of Center for Law and Social Policy, the National Women's Law Center and the Coalition on Human Needs.
There being no objection, the letters and bill were ordered to be printed in the Record, as follows:
Sen. John Cornyn [R-TX]:
Mr. President, I am proud to cosponsor the Child Support Protection Act of 2007 so State child support enforcement agencies may continue the extraordinary progress and cost-effectiveness they have developed in child support collections in recent years.
This legislation is necessary to avoid a reversal in the dramatic improvements in the child support program's performance over the past decade. Without it, many families may be forced back into the welfare caseload.
Child support enforcement reduces reliance on Medicaid, Temporary Assistance for Needy Families (TANF), and other social service programs. Effective enforcement enables former welfare families, and working families with modest incomes, to receive this important source of supplemental income and gain the self-sufficiency to avoid having to draw on government resources through public assistance programs. In fact, over 1 million Americans were lifted out of poverty through the child support program in 2002.
In 2004, collections nationwide totaled $21.9 billion, while total program costs were $5.3 billion. For every $1 spent in child support enforcement, $4.38 is collected for children who need it. Because of this rate of return, the President's budget continually rates the program as "one of the highest rated block/formula grants of all reviewed programs government-wide. This high rating is due to its strong mission, effective management, and demonstration of measurable progress toward meeting annual and long term performance measures."
In particular, the Texas child support program has made significant strides over the past seven years in collections, performance, and efficiency, all of which will be seriously undermined without this vital legislation.
I speak with authority on this matter. During my tenure as Attorney General of Texas, the Child Support Division made dramatic increases in collections from deadbeat parents, and the office continues to bring in record collections each year. Texas now ranks second in the Nation in total collections--with collections in Fiscal Year 2006 surpassing $2 billion--a figure that has doubled since Fiscal Year 2000.
This outstanding performance has earned the program the second highest Federal performance incentive award for the past 3 years. Because the Texas program has achieved that level of performance, the prohibition on using incentive payments to draw down matching Federal funds for program expenditures will have a much greater impact on Texas than on the 48 other States ranked below it. The loss of the match on incentive payments effectively punishes Texas's success. Unless we pass this legislation, the Child Support Division in the Office of the Texas Attorney General will face a dramatic reduction in federal financial participation and may be forced to close many offices throughout the State.
I ask unanimous consent to print in the RECORD the following letter from the National Child Support Enforcement Association supporting this legislation.
I look forward to this bill's consideration in the future.
There being no objection, the letter was ordered to be printed in the RECORD, as follows:
Sen. Herbert Kohl [D-WI]:
In Congress, we rarely have the opportunity to consider a simple, straightforward issue. It is uncommon when we can debate an issue with significant bipartisan support; one that the Senate has a strong record on. And it seems exceptional when we are able to show our support for a Federal program that really works.
But the legislation my colleagues and I are introducing today gives us that rare opportunity. Our legislation restores cuts to the child support enforcement program. The program helps States collect support that is owed to hardworking, single parent families. It is one of the most effective Federal programs, collecting more than $4 in child support for every dollar spent. And the Senate already has a strong record in support of the child support enforcement program, with 76 Senators voting for a resolution that rejected cuts to the program.
Which is why I was so disappointed when conferees included in the Deficit Reduction Act a provision to prevent, States from receiving Federal matching funds on incentive payments. While the scope of this provision may have seemed narrow to the conferees, the impact has been felt throughout the country. And my State of Wisconsin has felt it more than most--as a high-performing State, Wisconsin stands to lose more Federal funding than a State with a poorer enforcement record. Congress should not send the message to States that they will be penalized for success--but that's exactly what the child support funding cuts did.
I fought against the Deficit Reduction Act, because I knew these cuts would hurt Wisconsin families. The impact has been clear. The cuts are so damaging--and the program so important--that one Wisconsin community has decided to hold a raffle, to raise funds for their child support enforcement program. I have heard from child support directors who will be forced by budget cuts to fire staff. And I have heard from scared constituents who are owed child support that they worry they will never see.
That is why I am proud to join Senators ROCKEFELLER, CORNYN, SNOWE and COLEMAN in introducing this legislation. By repealing the DRA cuts, we help our States, our counties--and most importantly--we help those constituents relying on child support payments.
I urge my colleagues to take this rare opportunity--to do what's simple, to support the Senate's record, and to vote in favor of a program with proven success at helping our nation's children.
I thank my colleagues.
Sen. Richard Durbin [D-IL]:
[Introducing S. 805] Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
