(Senate - February 14, 2013)

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[Pages S774-S787]
From the Congressional Record Online through the Government Publishing Office []


      By Mrs. BOXER (for herself, Ms. Murkowski, Mrs. Murray, Mr. 
        Begich, and Mr. Manchin):
  S. 326. A bill to reauthorize 21st century community learning 
centers, and for other purposes; to the Committee on Health, Education, 
Labor, and Pensions.
  Mrs. BOXER. Mr. President, I rise today to urge my colleagues to 
cosponsor, S. 326 the Afterschool for America's Children Act, which I 
am introducing today with Senators Murkowski, Murray, Begich, and 
  Across the country, afterschool programs help keep children safe and 
help them learn through hands-on academic enrichment activities that 
are disappearing from the regular school day.
  Numerous studies have shown that quality afterschool programs give 
students the academic, social, and professional skills they need to 
succeed. Students who regularly attend have better grades and behavior 
in school, and lower incidences of drug use, violence, and unintended 
  Over the past 10 years, the 21st Century Community Learning Centers, 
CCLC, program has helped support afterschool programs for millions of 
children from low-income backgrounds, including over 1.6 million 
children last year.
  Unfortunately, the demand for affordable, quality afterschool 
experiences far exceeds the number of programs available. The 2009 
report, America After 3PM, found that while afterschool programs are 
serving more kids than ever, the number of unsupervised children in the 
United States has increased. More than 18 million children have parents 
who would like to enroll their child in an afterschool program but 
can't find one available.
  For over 10 years, federally funded afterschool programs have played 
an important role in the lives of so many children and families. The 
Afterschool for America's Children Act, AACA, would strengthen the 21st 
CCLC program, leaving in place what works and

[[Page S775]]

using what we have learned about what makes afterschool successful to 
improve the program.
  The AACA would modernize the 21st CCLC program to improve states' 
ability to effectively support quality afterschool programs, run more 
effective grant competitions and improve struggling programs. In 
addition, this legislation helps improve local programs by fostering 
better communication between local schools and programs, encouraging 
parental engagement in student learning, and improving the tracking of 
student progress.
  Afterschool programs have such a diverse group of supporters--from 
law enforcement to the business community--because these vital programs 
help keep the children of working parents safe while enriching their 
learning experience and preparing them for the real world.
  I urge my colleagues to join me and Senators Murkowski and Murray in 
supporting the Afterschool for America's Children Act to ensure that 
21st CCLC dollars are invested most efficiently in successful 
afterschool programs that keep children safe and help them learn.
      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 340. A bill to provide for the settlement of certain claims under 
the Alaska Native Claims Settlement Act, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today for the fourth time to 
introduce or reintroduce legislation to settle the outstanding land 
claims of the Tlingit and Haida Native people, the first people of 
Southeast Alaska. I first introduced this legislation to speed up the 
conveyance of lands to the Sealaska Native Regional Corporation in 
2008. Native residents of Southeast Alaska in 1971 were promised lands 
to settle their aboriginal land claims to all of Southeast Alaska. 
Under the motto that nothing of worth comes easy, I hope that the 
compromise bill I introduce today with my colleague from Alaska Senator 
Begich will finally settle those claims early in the 113th Congress, 
capping nearly six years of congressional negotiation and review on 
this issue.
  The newly revised bill establishes where and how Sealaska may select 
the remaining 70,075 acres of land the Bureau of Land Management now 
says it is entitled to receive under the Alaska Native Claims 
Settlement Act of 1971, ANCSA. In all, Sealaska, the regional 
corporation representing some 20,000 Alaska Natives, more than a fifth 
of all Native residents in Alaska, will receive about 68,400 acres of 
land for timber development, about 1,099 acres for other economic 
development such as hydroelectric generation, marine hydrokinetic 
activity and future tourism development near Yakutat, Kake and 
Hydaburg, and 490 acres that Sealaska can apply for to gain an 
additional 76 cemetery and historical places.
  The bill provides a balance of old-growth and second-growth timber, 
allowing Sealaska's timber business to transition to second-growth 
harvesting. To address local concerns, the new bill does not contain 
some 26,000 acres of selections on northern Prince of Wales Island. 
This version of the bill also eliminates more lands near Kassa Inlet 
and Mabel Bay near Keete on Prince of Wales Island to meet wildlife 
concerns, buffer key fisheries and anchorage areas for fishermen, and 
revises selection areas to address the Forest Service's desire to 
retain more lands that will aid its young-growth timber transition 
strategy in the Tongass National Forest.
  Frankly, it has taken years of frustrating talks and negotiations to 
reach this point. This bill contains more than 175 changes since the 
2008 version, all designed to make the bill acceptable to all 
Americans. While the odds are that it still won't make absolutely 
everyone happy, the bill does address all of the major concerns voiced 
with the Sealaska bill during nearly a half dozen congressional 
hearings, 22 town hall meetings, and in hundreds of letters and media 
comments. It gives Sealaska its ANCSA selections, while it provides 
unprecedented public access to the lands Sealaska will be receiving, 
and meets the valid concerns of small communities, fishermen and timber 
workers and protects their industries while fully protecting the 
  It is a compromise. Clearly there are provisions in the bill that I 
wish were different, but on balance, it is a fair solution to a most 
difficult matter that has been dragging on for more than four decades. 
It is certainly a balanced solution that allows Sealaska to finally 
take title to the last 70,000 acres it was promised by the land claims 
settlement--lands largely to be used for economic development in a 
region where unemployment often hits 25 percent--while at the same time 
protecting more than twice as many acres for environmental and 
fisheries protection in Southeast Alaska, an area roughly the size of 
South Carolina. The bill does the latter by creating 152,000 acres of 
new conservation habitat areas in the region in eight tracts.
  The revised bill also requires Sealaska, by a conservation easement, 
to protect three major salmon spawning systems on lands it is gaining 
by imposing a 100-foot no-cut buffer, specifically, along the main stem 
of Trout Creek on Koscuisko Island, along Old Tom Creek at Polk Inlet 
and along Karheen and Tuxekan Creeks on Tuxekan Island. The State 
Forest Practices Act and buffer rules will govern the management of all 
other streams on state lands inside the new Sealaska selections.
  The bill continues and strengthens all public access provisions 
contained in ANCSA. The bill contains a provision that guarantees 
public access to Sealaska's economic land selections for recreation, 
hunting and fishing both sport and subsistence, allowing closures only 
to protect public safety, to safeguard cultural properties, to promote 
educational efforts or to protect against environmental damage, while 
allowing the public to legally challenge any such closures. It also 
protects the rights of existing guides and tour operators to continue 
operations automatically on Sealaska lands for portions of two permit 
terms, or up to 20 years.
  The revised bill also reduces the size of selection areas on 
Koscuisko and Tuxekan Islands to meet local community concerns, to 
protect, subsurface, karst formations, to protect old-growth habitat 
areas for sensitive species, and to protect anchorages for fishermen. 
The revised bill rearranges selection areas at 12 Mile Arm and Polk 
Inlet to protect Forest Service planning, facilities and research 
facilities, and increases the size of selection areas at Calder and the 
Cleveland Peninsula to offset the acreage reductions.
  Sealaska, through this bill, will give up its existing selection 
rights to 327,000 acres of the Tongass National Forest, allowing that 
timber to return to full Forest Service planning control, and the bill 
will result in Sealaska selecting about 25,000 fewer acres of old-
growth timber, traditionally the most sought after lands in the forest 
and about 50,000 fewer acres of inventoried road less lands than might 
have happened should Sealaska have stayed inside their original 
selection boundaries, lands that were designated for selection by the 
corporation in 1976. The problem with those lands, the reason why this 
bill is so important for the public good, is that if Sealaska had to 
select from those lands it would have had to select timber lands in the 
Situk River Valley, the home to the nation's foremost steelhead stream. 
It would have had to select lands in the Craig municipal watershed, key 
fisheries habitat near Hoonah and Hydaburg and some 64,000 acres of 
Old-Growth Habitat Reserves, four times more such land than 
the corporation is taking by this bill. Those selections would have 
been bad for the commercial and sport fishing industries, for tourism, 
and for the environment. Equally important from Sealaska's viewpoint, 
44 percent of the lands it had to select from by the 1976 selection 
areas were located under water bodies, making the selection rights 

  Sealaska may use part of its entitlement to select 76 cemetery sites 
and historical places, but to address concerns from some stakeholders, 
the bill reduces the number and acreage of cemetery sites and 
historical places that Sealaska can file to receive. Acreage available 
to Sealaska was reduced more than six fold, from 3,600 acres in the 
original 2008 bill to a maximum of 490 acres. The total number of sites 
was reduced from 206 in the original bill and all parks and wilderness 
lands were placed off limits.

[[Page S776]]

  This bill also confirms that all cemetery sites and historical places 
will have to pass the existing historical review process before they 
can be conveyed. The bill, again, prohibits the selection of cemetery 
sites and historical places inside parks and conservation system units. 
Sealaska will be required to consult with local tribes before applying 
for conveyance of any sites, and the bill prohibits the transfer of 
such sites to third parties and protects them from loss of Native 
ownership in the event of any future financial claims against 
Sealaska--the lands reverting to the Federal Government in the event of 
financial issues. The bill also requires that Sealaska provide a 25-
foot easement to allow anyone to sport fish along any salmon stream 
that crosses such new sites.
  The bill allows Sealaska to receive nine small parcels of land that 
Sealaska may use to help spur cultural tourism, ecotourism, or, in two 
cases, renewable energy development near the communities of Yakutat, 
Kake, and Hydaburg. The number of sites, totaling 1,099 acres, is 
vastly reduced, considering more than 50 sites totaling 5,000 acres had 
been considered in earlier versions of the legislation. The small 
parcels all are within or near the so-called 10 selection boxes 
established by a 1976 amendment to ANCSA. Five sites are in the Yakutat 
area, where Sealaska currently owns no land on behalf of its tribal 
member shareholders. The sites in the Yakutat area are at Crab Island, 
North Dolgoi Island, Cannon Beach, Chicago Harbor and Redfield Lake. 
Two sites are in the Kake area: Turnabout Island and East Payne Island. 
There is a hydro site at Lake Josephine on Prince of Wales I and and a 
final site for marine hydrokinetic development, ocean current energy, 
on the northern tip of Dall Island at Turn Point-Tlevak Narrows' 
revised bill removes all sites that drew concern from commercial 
fishermen, small tour operators, environmental groups or local 
communities in the Alaska Panhandle.
  The compromise bill conveys three non-exclusive access easements to 
Sealaska to use as traditional Native trade and migration routes in 
Southeast. The bill, as revised, renames the routes to honor Alaska's 
Tlingit and Haida Indians and the history of the region and provides 
generally for public access. The Yakutat to Dry Bay trail will be 
renamed ``Neix naax aan flax'' meaning, The Inside Passage; the Bay of 
Pillars to Port Camden trail will be renamed the ``Yakwdeiyl'' trail, 
meaning the Canoe Road; and the Portage Bay to Duncan Canal trail will 
be renamed ``Lingit Deiyl,'' meaning the People's Road.
  The bill requires Sealaska to share use of all forest roads with the 
Forest Service and others, meaning that the government retains the 
right to use the roads to access other timber sales, as do the public. 
The bill maintains all of the access provisions granted by ANCSA and 
includes provisions to make access rights workable for all.
  It has taken years of really listening to the requests about this 
bill and working through them one by one to find solutions, with the 
past nearly two years involved in frequent negotiations among the 
Forest Service, Democratic and Republican congressional staff, 
Sealaska, environmental groups and other interest groups such as 
commercial fishermen and timber operators. This is truly a compromise 
piece of legislation. But it finally gets Sealaska its lands, protects 
fisheries and wildlife, and helps maintain a timber industry in 
Southeast Alaska.
  This compromise, the direct result of years of negotiation, has a 
host of good points. It will prevent ``high-grading'' of timber' the 
practice where companies cut only the best timber lands, leaving lesser 
quality lands behind. Sealaska's conveyances in the nine commercial 
tracts called for in this bill: Calder, Election Creek, Cleveland 
Peninsula, 12-Mile Arm, Tuexkan Island, Polk and MacKenzie Inlets, 
Koscuisko Island, Keete, and Kuiu Island include only about 20,700 
acres of large old-growth trees just 3.8 percent of the forest's 
537,451 acres of such trees. Already 437,000 acres of large old-growth 
trees, 81 percent, are protected in conservation areas within the 19.6-
million-acre national forest.
  The bill likely will save the government money. In additional to 
making Sealaska give up some $2 million of escrowed funds, the bill 
means Sealaska, by getting about 25,000 acres of less valuable second-
growth, based on current timber prices, could be foregoing more than 
$10 million of timber value, compared to if it had received all old-
growth trees--old-growth providing the most valuable habitat for 
species in the forest like Sitka black-tailed deer, the Queen Charlotte 
goshawk and wolves.
  For Alaskans, the bill makes sure that more than 99 percent of the 
lands Sealaska will be receiving are open for public access. That is 
the opposite of what could happen if this bill does not pass, as then 
Sealaska would be free to prevent the public from trespassing across 
their new lands, like all other private land owners can post their 
  The changes between this version and previous versions of the measure 
are far too many to list here. But briefly this bill reduces the number 
and acreage of small parcels for economic diversification, once called 
``Future'' sites. It reduces the number of new Native cemetery and 
historical places that Sealaska could select, allowing only such sites 
outside national parks or wilderness to be selected. The bill increases 
public access provisions, prevents Sealaska from gaining potential 
federal grants for management of the cemetery sites, removes a host of 
questionable land selections on environmental grounds and revises 
timber lands to protect subsistence hunting areas and resource 
gathering spots.
  As I say, I introduce this bill in a bipartisan manner with my Alaska 
colleague, Senator Mark Begich again as a co-sponsor. It is a 
reasonable bill and I hope it finally can pass both bodies of Congress, 
it passing the House of Representatives in a somewhat different form in 
2012 and become law. Southeast Alaska's Natives, which while the 
largest group of Natives in Alaska in 1971, received the third smallest 
land entitlement in the claims act 42 years ago. That was mostly 
because much of the rest of the forest at the time was already 
dedicated to long-term timber sale contracts. Now that those contracts 
have been voided, it is only just and equitable that Alaska's first 
inhabitants get a chance to select a little more of the land first 
settled by their ancestors.
      By Mr. REID (for himself and Mr. Heller):
  S. 342. A bill to designate the Pine Forest Range Wilderness area in 
Humboldt County, Nevada; to the Committee on Energy and Natural 
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                 S. 342

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,


       This Act may be cited as the ``Pine Forest Range Recreation 
     Enhancement Act of 2013''.


       In this Act:
       (1) County.--The term ``County'' means Humboldt County, 
       (2) Map.--The term ``Map'' means the map entitled 
     ``Proposed Pine Forest Wilderness Area'' and dated July 5, 
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Nevada.
       (5) Wilderness.--The term ``Wilderness'' means the Pine 
     Forest Range Wilderness designated by section 3(a).


       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 
     26,000 acres of Federal land managed by the Bureau of Land 
     Management, as generally depicted on the Map, is designated 
     as wilderness and as a component of the National Wilderness 
     Preservation System, to be known as the ``Pine Forest Range 
       (b) Boundary.--
       (1) Road access.--The boundary of any portion of the 
     Wilderness that is bordered by a road shall be 100 feet from 
     the edge of the road.
       (2) Road adjustments.--The Secretary shall--
       (A) reroute the road running through Long Meadow to the 
     west to remove the road from the riparian area;
       (B) reroute the road currently running through Rodeo Flat/
     Corral Meadow to the east to remove the road from the 
     riparian area; and
       (C) close, except for administrative use, the road along 
     Lower Alder Creek south of Bureau of Land Management road 

[[Page S777]]

       (3) Reservoir access.--The boundary of the Wilderness shall 
     be 160 feet downstream from the dam at Little Onion 
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the Wilderness.
       (2) Effect.--The map and legal description prepared under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in the map or legal 
       (3) Availability.--The map and legal description prepared 
     under paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
       (d) Withdrawal.--Subject to valid existing rights, the 
     Wilderness is withdrawn from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws relating to mineral and 
     geothermal leasing or mineral materials.


       (a) Management.--Subject to valid existing rights, the 
     Wilderness shall be administered by the Secretary in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     except that--
       (1) any reference in the Wilderness Act to the effective 
     date of that Act shall be considered to be a reference to the 
     date of enactment of this Act; and
       (2) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
       (b) Livestock.--The grazing of livestock in the Wilderness, 
     if established before the date of enactment of this Act, 
     shall be allowed to continue, subject to such reasonable 
     regulations, policies, and practices as the Secretary 
     considers to be necessary in accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the report of 
     the Committee on Interior and Insular Affairs of the House of 
     Representatives accompanying H.R. 2570 of the 101st Congress 
     (House Report 101-405).
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundary of the Wilderness 
     that is acquired by the United States after the date of 
     enactment of this Act shall be added to and administered as 
     part of the Wilderness.
       (d) Adjacent Management.--
       (1) In general.--Congress does not intend for the 
     designation of the Wilderness to create a protective 
     perimeter or buffer zone around the Wilderness.
       (2) Nonwilderness activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within the 
     Wilderness shall not preclude the conduct of the activities 
     or uses outside the boundary of the Wilderness.
       (e) Military Overflights.--Nothing in this Act restricts or 
       (1) low-level overflights of military aircraft over the 
     Wilderness, including military overflights that can be seen 
     or heard within the Wilderness;
       (2) flight testing and evaluation; or
       (3) the designation or creation of new units of special use 
     airspace, or the establishment of military flight training 
     routes, over the Wilderness.
       (f) Wildfire, Insect, and Disease Management.--In 
     accordance with section 4(d)(1) of the Wilderness Act (16 
     U.S.C. 1133(d)(1)), the Secretary may take such measures in 
     the Wilderness as are necessary for the control of fire, 
     insects, and diseases (including, as the Secretary determines 
     to be appropriate, the coordination of the activities with a 
     State or local agency).
       (g) Wildfire Management Operations.--Nothing in this Act 
     precludes a Federal, State, or local agency from conducting 
     wildfire management operations (including operations using 
     aircraft or mechanized equipment).
       (h) Climatological Data Collection.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such 
     terms and conditions as the Secretary may prescribe, the 
     Secretary may authorize the installation and maintenance of 
     hydrologic, meteorologic, or climatological collection 
     devices in the Wilderness if the Secretary determines that 
     the facilities and access to the facilities are essential to 
     flood warning, flood control, or water reservoir operation 
       (i) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as wilderness by this Act is 
       (i) in the semiarid region of the Great Basin; and
       (ii) at the headwaters of the streams and rivers on land 
     with respect to which there are few, if any--

       (I) actual or proposed water resource facilities located 
     upstream; and
       (II) opportunities for diversion, storage, or other uses of 
     water occurring outside the land that would adversely affect 
     the wilderness values of the land;

       (B) the land designated as wilderness by this Act is 
     generally not suitable for use or development of new water 
     resource facilities; and
       (C) because of the unique nature of the land designated as 
     wilderness by this Act, it is possible to provide for proper 
     management and protection of the wilderness and other values 
     of land in ways different from those used in other laws.
       (2) Purpose.--The purpose of this section is to protect the 
     wilderness values of the land designated as wilderness by 
     this Act by means other than a federally reserved water 
       (3) Statutory construction.--Nothing in this Act--
       (A) constitutes an express or implied reservation by the 
     United States of any water or water rights with respect to 
     the Wilderness;
       (B) affects any water rights in the State (including any 
     water rights held by the United States) in existence on the 
     date of enactment of this Act;
       (C) establishes a precedent with regard to any future 
     wilderness designations;
       (D) affects the interpretation of, or any designation made 
     under, any other Act; or
       (E) limits, alters, modifies, or amends any interstate 
     compact or equitable apportionment decree that apportions 
     water among and between the State and other States.
       (4) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of State law in order 
     to obtain and hold any water rights not in existence on the 
     date of enactment of this Act with respect to the Wilderness.
       (5) New projects.--
       (A) Definition of water resource facility.--
       (i) In general.--In this paragraph, the term ``water 
     resource facility'' means irrigation and pumping facilities, 
     reservoirs, water conservation works, aqueducts, canals, 
     ditches, pipelines, wells, hydropower projects, transmission 
     and other ancillary facilities, and other water diversion, 
     storage, and carriage structures.
       (ii) Exclusion.--In this paragraph, the term ``water 
     resource facility'' does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this Act, on or after the date of 
     enactment of this Act, neither the President nor any other 
     officer, employee, or agent of the United States shall fund, 
     assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within a 
     wilderness area, any portion of which is located in the 


       (a) Finding.--Congress finds that, for the purposes of 
     section 603(c) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1782(c)), the portions of the Blue Lakes 
     and Alder Creek wilderness study areas not designated as 
     wilderness by section 3(a) have been adequately studied for 
     wilderness designation.
       (b) Release.--Any public land described in subsection (a) 
     that is not designated as wilderness by this Act--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
       (2) shall be managed in accordance with the applicable land 
     use plans adopted under section 202 of that Act (43 U.S.C. 


       (a) In General.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act 
     affects or diminishes the jurisdiction of the State with 
     respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
       (b) Management Activities.--In furtherance of the purposes 
     and principles of the Wilderness Act (16 U.S.C. 1131 et 
     seq.), the Secretary may conduct any management activities in 
     the Wilderness that are necessary to maintain or restore fish 
     and wildlife populations and the habitats to support the 
     populations, if the activities are carried out--
       (1) consistent with relevant wilderness management plans; 
       (2) in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (B) appropriate policies, such as those set forth in 
     Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (House Report 101-405), 
     including 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 
     with the minimal impact necessary to reasonably accomplish 
     those tasks.
       (c) Existing Activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of the report of the Committee on Interior and 
     Insular Affairs of the House of Representatives accompanying 
     H.R. 2570 of the 101st Congress (House Report 101-405), the 
     State may continue to use aircraft, including helicopters, to 
     survey, capture, transplant, monitor, and provide water for 
     wildlife populations in the Wilderness.
       (d) Hunting, Fishing, and Trapping.--
       (1) In general.--The Secretary may designate areas in 
     which, and establish periods during which, for reasons of 
     public safety, administration, or compliance with applicable 
     laws, no hunting, fishing, or trapping will be permitted in 
     the Wilderness.

[[Page S778]]

       (2) Consultation.--Except in emergencies, the Secretary 
     shall consult with the appropriate State agency and notify 
     the public before taking any action under paragraph (1).
       (e) Cooperative Agreement.--
       (1) In general.--The State, including a designee of the 
     State, may conduct wildlife management activities in the 
       (A) in accordance with the terms and conditions specified 
     in the cooperative agreement between the Secretary and the 
     State entitled ``Memorandum of Understanding between the 
     Bureau of Land Management and the Nevada Department of 
     Wildlife Supplement No. 9'' and signed November and December 
     2003, including any amendments to the cooperative agreement 
     agreed to by the Secretary and the State; and
       (B) subject to all applicable laws (including regulations).
       (2) References; clark county.--For the purposes of this 
     subsection, any reference to Clark County in the cooperative 
     agreement described in paragraph (1)(A) shall be considered 
     to be a reference to the Wilderness.


       (a) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means Federal 
     land in the County that is identified for disposal by the 
     Secretary through the Winnemucca Resource Management Plan.
       (2) Non-federal land.--The term ``non-Federal land'' means 
     land identified on the Map as ``non-Federal lands for 
       (b) Acquisition of Land and Interests in Land.--Consistent 
     with applicable law and subject to subsection (c), the 
     Secretary may exchange the Federal land for non-Federal land.
       (c) Conditions.--Each land exchange under subsection (a) 
     shall be subject to--
       (1) the condition that the owner of the non-Federal land 
     pay not less than 50 percent of all costs relating to the 
     land exchange, including the costs of appraisals, surveys, 
     and any necessary environmental clearances; and
       (2) such additional terms and conditions as the Secretary 
     may require.
       (d) Deadline for Completion of Land Exchange.--It is the 
     intent of Congress that the land exchanges under this section 
     be completed by not later than 5 years after the date of 
     enactment of this Act.


       Nothing in this Act alters or diminishes the treaty rights 
     of any Indian tribe (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
      By Mr. REID (for himself and Mr. Heller):
  S. 343. A bill to provide for the conveyance of certain Federal land 
in Clark County, Nevada, for the environmental remediation and 
reclamation of the Three Kids Mine Project Site, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                 S. 343

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,


       This Act may be cited as the ``Three Kids Mine Remediation 
     and Reclamation Act''.


       In this Act:
       (1) Federal land.--The term ``Federal land'' means the 
     approximately 948 acres of Bureau of Reclamation and Bureau 
     of Land Management land within the Three Kids Mine Project 
     Site, as depicted on the map.
       (2) Hazardous substance; pollutant or contaminant; 
     remedy.--The terms ``hazardous substance'', ``pollutant or 
     contaminant'', and ``remedy'' have the meanings given those 
     terms in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
       (3) Henderson redevelopment agency.--The term ``Henderson 
     Redevelopment Agency'' means the redevelopment agency of the 
     City of Henderson, Nevada, established and authorized to 
     transact business and exercise the powers of the agency in 
     accordance with the Nevada Community Redevelopment Law (Nev. 
     Rev. Stat. 279.382 to 279.685).
       (4) Map.--The term ``map'' means the map entitled ``Three 
     Kids Mine Project Area'' and dated February 6, 2012.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Nevada.
       (7) Three kids mine project site.--The term ``Three Kids 
     Mine Project Site'' means the approximately 1,262 acres of 
     land that is--
       (A) comprised of--
       (i) the Federal land; and
       (ii) the approximately 314 acres of adjacent non-Federal 
     land; and
       (B) depicted as the ``Three Kids Mine Project Site'' on the 


       (a) In General.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712, 1713), not later than 90 days after the date on which 
     the Secretary determines that the conditions described in 
     subsection (b) have been met, and subject to valid existing 
     rights and applicable law, the Secretary shall convey to the 
     Henderson Redevelopment Agency all right, title, and interest 
     of the United States in and to the Federal land.
       (b) Conditions.--
       (1) Appraisal; fair market value.--
       (A) In general.--As consideration for the conveyance under 
     subsection (a), the Henderson Redevelopment Agency shall pay 
     the fair market value of the Federal land, if any, as 
     determined under subparagraph (B) and as adjusted under 
     subparagraph (F).
       (B) Appraisal.--The Secretary shall determine the fair 
     market value of the Federal land based on an appraisal--
       (i) that is conducted in accordance with nationally 
     recognized appraisal standards, including--

       (I) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (II) the Uniform Standards of Professional Appraisal 
     Practice; and

       (ii) that does not take into account any existing 
     contamination associated with historical mining on the 
     Federal land.
       (C) Remediation and reclamation costs.--
       (i) In general.--The Secretary shall prepare a reasonable 
     estimate of the costs to assess, remediate, and reclaim the 
     Three Kids Mine Project Site.
       (ii) Considerations.--The estimate prepared under clause 
     (i) shall be--

       (I) based on the results of a comprehensive Phase II 
     environmental site assessment of the Three Kids Mine Project 
     Site prepared by the Henderson Redevelopment Agency or a 
     designee that has been approved by the State; and
       (II) prepared in accordance with the current version of the 
     ASTM International Standard E-2137-06 entitled ``Standard 
     Guide for Estimating Monetary Costs and Liabilities for 
     Environmental Matters''.

       (iii) Assessment requirements.--The Phase II environmental 
     site assessment prepared under clause (ii)(I) shall, without 
     limiting any additional requirements that may be required by 
     the State, be conducted in accordance with the procedures 

       (I) the most recent version of ASTM International Standard 
     E-1527-05 entitled ``Standard Practice for Environmental Site 
     Assessments: Phase I Environmental Site Assessment Process''; 
       (II) the most recent version of ASTM International Standard 
     E-1903-11 entitled ``Standard Guide for Environmental Site 
     Assessments: Phase II Environmental Site Assessment 

       (iv) Review of certain information.--

       (I) In general.--The Secretary shall review and consider 
     cost information proffered by the Henderson Redevelopment 
     Agency and the State in the preparation of the estimate under 
     this subparagraph.
       (II) Final determination.--If there is a disagreement among 
     the Secretary, Henderson Redevelopment Agency, and the State 
     over the reasonable estimate of costs under this 
     subparagraph, the parties shall jointly select 1 or more 
     experts to assist the Secretary in making the final estimate 
     of the costs.

       (D) Deadline.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall begin the 
     appraisal and cost estimates under subparagraphs (B) and (C), 
       (E) Appraisal costs.--The Henderson Redevelopment Agency 
     shall reimburse the Secretary for the costs incurred in 
     performing the appraisal under subparagraph (B).
       (F) Adjustment.--The Secretary shall administratively 
     adjust the fair market value of the Federal land, as 
     determined under subparagraph (B), based on the estimate of 
     remediation, and reclamation costs, as determined under 
     subparagraph (C).
       (2) Mine remediation and reclamation agreement executed.--
       (A) In general.--The conveyance under subsection (a) shall 
     be contingent on--
       (i) the Secretary receiving from the State written 
     notification that a mine remediation and reclamation 
     agreement has been executed in accordance with subparagraph 
     (B); and
       (ii) the Secretary concurring, by the date that is 30 days 
     after the date of receipt of the written notification under 
     clause (i), that the requirements under subparagraph (B) have 
     been met.
       (B) Requirements.--The mine remediation and reclamation 
     agreement required under subparagraph (A) shall be an 
     enforceable consent order or agreement between the State and 
     a party obligated to perform under the consent order or 
     agreement administered by the State that--
       (i) obligates a party to perform, after the conveyance of 
     the Federal land under this Act, the remediation and 
     reclamation work at the Three Kids Mine Project Site 
     necessary to ensure all remedial actions necessary to protect 
     human health and the environment with respect to any 
     hazardous substances, pollutant, or contaminant will be 
     taken, in accordance with all Federal, State, and local 
     requirements; and
       (ii) contains provisions determined to be necessary by the 
     State, including financial assurance provisions to ensure the 
     completion of the remedy.
       (3) Notification from agency.--As a condition of the 
     conveyance under subsection (a), not later than 90 days after 
     the date of execution of the mine remediation and reclamation 
     agreement required under paragraph (2),

[[Page S779]]

     the Henderson Redevelopment Agency shall submit to the 
     Secretary written notification that the Henderson 
     Redevelopment Agency is prepared to accept conveyance of the 
     Federal land under subsection (a).


       (a) In General.--Subject to valid existing rights, for the 
     10-year period beginning on the earlier of the date of 
     enactment of this Act or the date of the conveyance required 
     by this Act, the Federal land is withdrawn from all forms 
       (1) entry, appropriation, operation, or disposal under the 
     public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under the mineral leasing, mineral 
     materials, and the geothermal leasing laws.
       (b) Existing Reclamation Withdrawals.--Subject to valid 
     existing rights, any withdrawal under the public land laws 
     that includes all or any portion of the Federal land for 
     which the Bureau of Reclamation has determined that the 
     Bureau of Reclamation has no further need under applicable 
     law is relinquished and revoked solely to the extent 
       (1) to exclude from the withdrawal the property that is no 
     longer needed; and
       (2) to allow for the immediate conveyance of the Federal 
     land as required under this Act.
       (c) Existing Reclamation Project and Permitted 
     Facilities.--Except as provided in subsection (a), nothing in 
     this Act diminishes, hinders, or interferes with the 
     exclusive and perpetual use by the existing rights holders 
     for the operation, maintenance, and improvement of water 
     conveyance infrastructure and facilities, including all 
     necessary ingress and egress, situated on the Federal land 
     that were constructed or permitted by the Bureau of 
     Reclamation before the effective date of this Act.


       Notwithstanding section 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1713), the boundary of the 
     River Mountains Area of Critical Environmental Concern (NVN 
     76884) is adjusted to exclude any portion of the Three Kids 
     Mine Project Site consistent with the map.


       (a) Responsibility of Parties to Mine Remediation and 
     Reclamation Agreement.--On completion of the conveyance under 
     section 3, the responsibility for complying with the mine 
     remediation and reclamation agreement executed under section 
     3(b)(2) shall apply to the parties to the agreement.
       (b) Savings Provision.--If the conveyance under this Act 
     has occurred, but the terms of the agreement executed under 
     section 3(b)(2) have not been met, nothing in this Act--
       (1) affects the responsibility of the Secretary to take any 
     additional response action necessary to protect public health 
     and the environment from a release or the threat of a release 
     of a hazardous substance, pollutant, or contaminant; or
       (2) unless otherwise expressly provided, modifies, limits, 
     or otherwise affects--
       (A) the application of, or obligation to comply with, any 
     law, including any environmental or public health law; or
       (B) the authority of the United States to enforce 
     compliance with the requirements of any law or the agreement 
     executed under section 3(b)(2).
      By Mr. ROCKEFELLER (for himself, Mr. Manchin, and Mrs. 
  S. 348. A bill to provide for increased Federal oversight of 
prescription opioid treatment and assistance to States in reducing 
opioid abuse, diversion, and deaths; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce a piece of 
legislation that is desperately needed in West Virginia and across the 
country--the Prescription Drug Abuse Prevention and Treatment Act of 
2013. It is an important bill aimed at addressing the rapid increase in 
deaths and overdoses from methadone and other opioid prescription drugs 
in the United States. These deaths have hit my home State of West 
Virginia particularly hard, but I know that every State is struggling 
with this serious problem.
  In the 111th Congress, Senator Corker and I, along with our 
colleague, the late Senator Kennedy, introduced the Methadone Treatment 
and Protection Act of 2009--a similar piece of legislation that stemmed 
from a disturbing rise in deaths due to methadone, a synthetic opioid 
prescription drug that had been increasingly used for pain management. 
Before 1990, it was used primarily to treat opioid addiction. Because 
of its high efficacy and low cost, methadone is frequently used for 
pain management. However, if not used correctly, methadone can be a 
powerful and deadly drug because it works differently than other 
painkillers. Methadone stays in a person's body for a longer period of 
time than the pain relief lasts so a person who does not know better 
might take far too much of the drug, possibly leading to respiratory 
distress, cardiac arrhythmia and even death.
  Methadone prescriptions for pain management grew from about 531,000 
in 1998 to about 4.1 million in 2006--nearly eightfold. During that 
time, poisoning deaths involving methadone increased nearly sevenfold 
from almost 790 in 1999 to 5,420 in 2006. Deaths from other opioids 
have also skyrocketed in the last decade. These deaths may actually be 
underreported, because there is no comprehensive reporting system for 
opioid-related deaths in the United States.
  Overdoses from methadone are part of a larger disturbing trend of 
overdoses and deaths from prescription painkillers, or opioid drugs--a 
trend driven by a knowledge gap about how to treat serious pain in a 
safe and effective manner, by misperceptions about the safety of 
prescription drugs, and by the diversion of prescription drugs for 
illicit uses. In 2009, there were nearly 4.6 million drug-related 
emergency department, ED, visits of which nearly one half, 45.1 
percent, or 2.1 million were attributed to prescription drug misuse or 
abuse, according to data from the Drug Abuse Warning Network, DAWN. 
Emergency department visits involving misuse or abuse of 
pharmaceuticals nearly doubled between 2004 and 2009, to more than 1.2 
million visits.
  This bill takes multiple steps to address these problems. First, with 
respect to the knowledge gap about safe pain management, the bill 
includes a training requirement for health care professionals to be 
licensed to prescribe these powerful drugs. Currently, the Controlled 
Substances Act requires that every person who dispenses or who proposes 
to dispense controlled narcotics, including methadone, whether for pain 
management or opioid treatment, obtain a registration from the Drug 
Enforcement Administration, DEA. But, there is no requirement as a 
condition of receiving the registration that these practitioners 
receive any education on the use of these controlled narcotics, 
including methadone. Physicians struggle every day with determining who 
has a real need for pain treatment, and who is addicted or at risk. 
They struggle with our failure to provide adequate treatment facilities 
for those who are addicted. This bill will help physicians get the 
information they need to prescribe safely and better recognize the 
signs of addiction in their patients.
  Second, this bill addresses the knowledge gap among consumers--with a 
competitive grant program to States to distribute culturally sensitive 
educational materials about proper use of methadone and other opioids, 
and how to prevent opioid abuse, such as through safe disposal of 
prescription drugs. Preference will be given to states with a high 
incidence of overdoses and deaths.
  Third, this bill creates a Controlled Substances Clinical Standards 
Commission to establish patient education guidelines, appropriate and 
safe dosing standards for all forms of methadone and other opioids, 
benchmark guidelines for the reduction of methadone abuse, appropriate 
conversion factors for transitioning patients from one opioid to 
another, and guidelines for the initiation of methadone and other 
opioids for pain management. A standards commission will provide much-
needed evidence-based information to improve guidance for the safe and 
effective use of these powerful and dangerous controlled substances.
  Fourth, this bill provides crucial support to state prescription drug 
monitoring programs. As of 2008, 38 states had enacted legislation 
requiring prescription drug monitoring programs and many states were 
able to fund these initiatives in part from grants available through 
the Harold Rogers Prescription Drug Monitoring Program. A second 
program created in 2005 through the National All Schedules Prescription 
Electronic Reporting Act, NASPER, would provide even more assistance, 
and requires interoperability among states to reduce doctor shopping 
across state lines and diversion. Unfortunately, NASPER has only 
recently been funded with $2 million in the fiscal year 2009 Omnibus 
legislation and $2 million in fiscal year 2010.
  Here is just one example of why NASPER funding matters: recently, the 
governor of Florida announced a

[[Page S780]]

budget that would not fund a planned prescription monitoring program in 
his State, due to State budget difficulties. This directly affects 
States in Appalachia because of the rampant drug trafficking between 
the two regions. In fact, the roads from West Virginia to Florida are 
well-travelled by drug traffickers and people seeking pain medication. 
It is crucial to finally give NASPER the funding it needs, and this 
legislation would do so, with $25 million a year to establish 
interoperable prescription drug monitoring programs within each state.
  Fifth, this bill requires that quality standards be developed across 
the range of providers engaged in the prevention and treatment of 
prescription drug abuse. It is essential as we move ahead that quality 
always be front and center in our efforts. With lives at risk, this is, 
if anything, only more important in the areas of addiction prevention 
and treatment. Every effort to address this problem must be as 
effective as possible, and the development of quality standards 
required by this bill will make sure that each provider, regardless of 
his or her background or approach, can provide high caliber services to 
their patients.
  Finally, this bill would help solve the data gap when it comes to 
opioid-related deaths. Right now there is no comprehensive national 
database of drug-related deaths in the United States, nor is there a 
standard form for medical examiners to fill out with regard to opioid-
related deaths. Since there is no comprehensive database of methadone-
related deaths, the number of deaths may actually be underreported. To 
truly reduce the number of methadone-related deaths, quality data must 
be collected and made available. This bill would create a National 
Opioid Death Registry to track all opioid-related deaths and related 
information, and establish a standard form for medical examiners to 
fill out which would include information for the National Opioid Death 
  Today we have an opportunity to change the harrowing statistics and 
stem the rising tide of deaths from methadone and other opioids by 
supporting the Prescription Drug Abuse Prevention and Treatment Act of 
2013. This legislation provides a multifaceted approach to preventing 
tragic overdoses and deaths from methadone and other opioids. This is 
exactly what we need to improve the coordination of efforts and 
resources at the local, state, and federal levels.
  I urge my colleagues to support this timely and important piece of 
legislation. In doing so, we will be on our way to saving lives and 
reducing the needless deaths that otherwise will continue to cause so 
much suffering for too many individuals, families, and communities in 
this country.
      By Mr. REED (for himself, Mr. Blumenthal, Mr. Whitehouse, and Mr. 
  S. 349. A bill to amend the Wild and Scenic Rivers Act to designate a 
segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in 
the States of Connecticut and Rhode Island for study for potential 
addition to the National Wild and Scenic Rivers System, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. REED. Mr. President, today I am reintroducing, along with my 
colleagues Senators Blumenthal, Whitehouse, and Murphy legislation to 
authorize the National Park Service to evaluate portions of the Beaver, 
Chipuxet, Queen, Wood, and Pawcatuck Rivers located in Rhode Island and 
Connecticut for possible inclusion in the National Wild and Scenic 
Rivers System. Our legislation seeks to highlight the need for greater 
resources to protect and restore the health of these rivers by studying 
their recreational, natural, and historical qualities and determining 
if they are suitable for designation as Wild and Scenic Rivers.
  The Wood-Pawcatuck Watershed is a national treasure that holds 
recreational and scenic value. In the 1980s, the National Park 
Service's Rivers and Trails Conservation Assistance Program conducted a 
planning and conservation study which found, in part, that the waters 
of the Wood and Pawcatuck Rivers corridor ``are the cleanest and purest 
and its recreational opportunities are unparalleled by any other river 
system in the state.''
  The rivers also provide opportunities for recreation and tourism that 
contribute to the economy of the local communities, while offering ways 
to explore our American heritage throughout the watershed. The 
experiences one can enjoy range from visiting Native American fishing 
grounds to seeing Colonial and early industrial mill ruins. The rivers 
are also a prime location for outdoor activities like trout fishing, 
canoeing, bird watching, and hiking.
  I have long been a supporter of protecting and restoring Southern New 
England's riverways and estuaries, including the Narragansett Bay. The 
study proposed in our legislation is an important part of the process 
in determining future opportunities for protection and recreational 
enjoyment of the rivers in the Wood-Pawcatuck watershed. It would also 
help Rhode Island and Connecticut continue their stewardship of these 
rivers, and greatly enhance existing state and local efforts to 
preserve and manage this ecosystem.
  Indeed, partnerships are essential for the successful restoration and 
management of our natural resources, and it is anticipated that this 
study would be conducted in close cooperation with the communities, 
state agencies, local governments, and private organizations that are 
stakeholders in the process. The partnership-based approach also allows 
for development of a proposed river management plan, which could 
address issues ranging from fish passage to the restoration of wetlands 
to assist with flood mitigation, as well as balance the preservation of 
the natural resources with the recreational opportunities that 
contribute to the local economies.
  I commend Representatives Langevin, Cicilline, and Courtney for 
introducing similar legislation in the other body. I look forward to 
working with them and all of my colleagues to pass this bill to 
initiate the process that will evaluate the Wood-Pawcatuck Watershed 
for inclusion in the National Wild and Scenic Rivers System.
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 352. A bill to provide for the designation of the Devil's 
Staircase Wilderness Area in the State of Oregon, to designate segments 
of Wasson and Franklin Creeks in the State of Oregon as wild rivers, 
and for other purposes; to the Committee on Energy and Natural 
  Mr. WYDEN. Mr. President, today I rise to re-introduce three bills 
that will better protect unique and important areas in the beautiful 
state of Oregon. Two of these passed out of the Senate Energy and 
Natural Resources Committee the last two Congresses. I am pleased to 
again be joined on these bills with my colleague from Oregon, Senator 
MerklEy. I look forward to working with Senator Merkley, other 
colleagues and other supporters of the bills to keep up the fight for 
these special places in Oregon.
  The first bill I am introducing--the Oregon Caves Revitalization Act 
of 2013--will enhance the existing Oregon Caves National Monument to 
protect this majestic site for future generations. The bill expands the 
boundary of the National Park Service land to create the Oregon Caves 
National Monument and Preserve.
  A Presidential Proclamation in 1909 established 480 acres of natural 
wonder as the Oregon Caves National Monument in the botanically-rich 
Siskiyou Mountains. At the time, the focus was on the unique subsurface 
resources, and the small, rectangular boundary was thought to be 
adequate to protect the cave. However, scientific research has since 
provided much greater insight into the cave's ecology and its 
hydrological processes, for which 480 acres is inadequate. The National 
Park Service formally proposed boundary modification numerous times--in 
1939, 1949, and 2000.
  My bill expands protections in and around the Oregon Caves National 
Monument. The entirety of the Cave Creek Watershed would be included in 
the park site, transferring management of 4,070 acres of United States 
Forest Service land to the National Park Service. Hunters will still 
have recreational access to this land since it will be designated a 
  And the expansion of the Monument's boundary would be incomplete

[[Page S781]]

without protecting the water that enters the cave so as to preserve the 
cave's resources. My legislation would designate at least 9.6 miles of 
rivers and tributaries as Wild, Scenic, or Recreational, under the 
federal Wild and Scenic Rivers Act--including the first Wild and Scenic 
subterranean river, the ``River Styx.'' A perennial stream, the River 
Styx--an underground portion of Cave Creek--flows through part of the 
cave and is one of the dynamic natural forces at work in the National 
Monument. In addition, this bill would authorize the retirement of 
existing grazing allotments. The current grazing permitee, Phil 
Krouse's family, has had the Big Grayback Grazing Allotment, 19,703 
acres, since 1937. Mr. Krouse has publicly stated that he would look 
favorably upon retirement with private compensation for his allotment, 
which my legislation will allow to proceed.
  The Oregon Caves National Monument offers important contributions to 
Southern Oregon and the nation. The cave ecosystem provides habitat for 
one of the highest concentrations of biological diversity anywhere. And 
as the longest marble cave open to the public west of the Continental 
Divide, the Monument receives over 80,000 visitors annually. A larger 
Monument boundary will help showcase more fully the recreational 
opportunities on the above-ground lands within the proposed Monument 
  I want to express my thanks to the conservation and business 
communities of southern Oregon, who have worked diligently to protect 
these lands and waters.
  My second bill is the Devil's Staircase Wilderness Act of 2013. Under 
this bill, approximately 30,500 acres of rugged, wild, pristine, and 
remote land surrounding the Wasson Creek area will be designated 
wilderness. In fact the area is so rugged that federal land managers 
have withdrawn this landslide-prone forest from all timber activity 
numerous times. At the heart of this coastal rainforest lies Devil's 
Staircase, a crystal clear waterfall that cascades over slab after slab 
of sandstone. The Devil's Staircase proposal typifies what Wilderness 
in Oregon is all about.
  The proposed Devil's Staircase Wilderness is the finest old-growth 
forest remaining in Oregon's Coast Range, boasting huge Douglas-fir, 
cedar and hemlock. The ecological significance of this treasure is as 
clear as the water running through Devil's Staircase. The land is 
protected as a Late-Successional Reserve by the Northwest Forest Plan, 
as critical habitat for the northern spotted owl and marbled murrelet, 
and as an Area of Critical Environmental Concern by the Bureau of Land 
Management. Preserving these majestic forests as Wilderness for their 
wildlife and spectacular scenery not only matches the goals of the 
existing land management plans but also permanently protects this 
natural gem for future generations. The wilderness designation is 
needed to protect these areas permanently.
  My bill would not only protect the forests surrounding Wasson Creek 
but would also designate approximately 4.5 miles of Franklin Creek and 
approximately 10.1 miles of Wasson Creek as Wild and Scenic Rivers. 
Franklin Creek, a critically important tributary to the Umpqua River, 
is one of the best examples of pristine salmon habitat left in Oregon. 
Together with Wasson Creek, these two streams in the Devil's Staircase 
area deserve Wild and Scenic River designation by Congress.
  The third bill I am introducing is the Oregon Treasures Act of 2013. 
This bill seeks to provide protections for five significant areas in 
Oregon. They are the Chetco River, the Molalla River, the Rogue River, 
and Horse Heaven and Cathedral Rock. Each of these parts of the bill 
aim to protect natural treasures in Oregon, preserve them for use and 
enjoyment for generations to come, and build upon the economic 
opportunities they provide for their local communities.
  The Oregon Treasures Act of 2013 includes a provision to protect two 
of Oregon's natural treasures, Cathedral Rock and Horse Heaven. This 
wilderness designation has been introduced in the two most recent 
Congresses. The Cathedral Rock and Horse Heaven wilderness proposal 
will do more than simply protect these areas. It will also help 
Oregon's economy, because visitors from all over the world come to my 
state to experience firsthand the unique scenic beauty of place like 
the lands preserved by this bill.
  This legislation will consolidate what is currently a splintered 
ownership of land in this area and protect 17,340 acres of new 
Wilderness along the Lower John Day River. The fractured land ownership 
in this area makes it difficult for visitors to fully appreciate these 
areas when they hike, fish or hunt there because of the scattered and 
misunderstood lines of private and public ownership. This bill will 
solve that problem and make these lands more inviting to visitors while 
giving the landowners more contiguous property to call home.
  The area in question is stunning. The Cathedral Rock and Horse Heaven 
Wilderness proposals encompass dramatic basalt cliffs and rolling hills 
of juniper, sagebrush and native grasses. These new areas build on the 
desert Spring Basin Wilderness that was established in 2009 as a result 
of legislation I introduced, and are located directly across the John 
Day River from Spring Basin.
  With 500 miles of undammed waters, the John Day River is the second-
longest free-flowing river in the continental United States and is a 
place that is cherished by Oregonians. The Lower John Day Wild and 
Scenic River offers world-class opportunities for outdoor recreation as 
well as crucial wildlife habitat for elk, mule deer, bighorn sheep and 
native fish such as salmon and steelhead trout. Through land 
consolidation between public and private landowners, this legislation 
will allow for better management and easier public access for this 
important natural treasure. With the current fragmentation of public 
and private land ownership in the area, river campsites are limited. 
Many federal lands among them can't be reached by the hikers, campers 
and other outdoors recreationists who could most appreciate them. With 
the equal-value land exchanges included in this bill, public lands 
would be consolidated into two new Wilderness areas. This would enhance 
public safety, improve land management, and increase public access and 
recreational opportunities. I want to recognize that some have raised 
concerns about the lack of roaded access to Cathedral Rock. I have 
engaged the private landowners on this issue to seek a solution. 
Whatever the outcome, I do know that the Cathedral Rock and Horse 
Heaven proposal will create an incredible, new heritage for public 
lands recreationists who are an important factor in keeping Oregon's 
economy healthy and thriving.
  Rafters of the John Day River can attest to the need for more 
campsites and public access to the Cathedral Rock area. Backcountry 
hunters will be able to scan the hillsides for elk, deer and game-birds 
without having to worry about accidentally trespassing on someone's 
private land. Anglers will be able to access nearly 5 miles of the John 
Day River that today are only reachable from privately owned lands. 
Likewise, such a solution ensures that local landowners can manage 
their lands effectively without running across unwitting trespassers.
  One good example of the value of these land swaps is Young Life's 
Washington Family Ranch. This Ranch is home to a Christian youth camp 
that welcomes over 20,000 kids to the lower John Day area each year. 
This bill sets out private and public land boundaries that can be 
clearly seen on the ground and these boundaries create a safer area for 
campers on the Ranch; this serves the children who visit the area well 
and ensures the continued viability of the Ranch, which, in turn, 
provides big economic dividends to the local community.
  The Cathedral Rock and Horse Heaven Wilderness proposal is described 
as ``win-win-win'' by many stakeholders--nearly five miles of new river 
access for the public and protected land for outdoor enthusiasts; 
better management for private landowners and public agencies; and 
important habitat protections for sensitive and endangered species. 
This proposal is an example of the positive solutions that can result 
when varied, bipartisan interests in a community come together to craft 
solutions that will work for everyone. I especially want to thank the 
Oregon Natural Desert Association, Young Life, and Matt Smith for their 
role in developing this collaborative solution

[[Page S782]]

that will benefit all Oregonians. The Cathedral Rock and Horse Heaven 
Wilderness areas will help make sure that this rural area will enjoy 
the benefits that permanently connecting these disparate pieces of 
natural landscape will bring for generations to come.

  Additionally the Oregon Treasures Act protects the Chetco River. For 
over a decade, I've advocated for protections for the Chetco and other 
threatened waterways in Southwest Oregon. Part of the Oregon Treasures 
Act of 2013 would withdraw about three miles of the Chetco River from 
mineral entry, while upgrading the designations for some portions.
  This river is under persistent threat from out-of-state suction 
dredge miners. In 2010, the group American Rivers listed the Chetco as 
the seventh most endangered river in the country because of those 
threats. Withdrawing these portions of the river from future mineral 
entry will prevent future harmful mining claims and make sure that 
those claims that already exist are valid.
  The Chetco is also hugely important for salmon habitat and local 
sport fishing. The passage of this legislation would mean protecting 
that habitat, and promoting the continued success of the fishing 
industry throughout the West Coast. I am pleased the Obama 
administration has taken some steps to protect this area, but the 
passage of this legislation is needed to ensure long-term protection 
for this important river.
  Next, the Oregon Treasures Act of 2013 would add 60,000 acres of new 
wilderness to the existing Wild Rogue Wilderness. The Wild Rogue 
Wilderness expansion would protect habitat for bald eagles, osprey, 
spotted owls, bear, elk, cougar, wild coho, wild Chinook, wild 
steelhead, green sturgeon, and many others. The Wild Rogue Wilderness 
and the Rogue River that runs through it embody one of the nation's 
premier recreation destinations, famous for the free flowing waters 
which provide numerous rafting and fishing opportunities.
  The headwaters of the Rogue River start in one of Oregon's other 
great gems--Crater Lake National Park--and the river ultimately empties 
into the Pacific Ocean, near Gold Beach on Oregon's southwest coast. 
Along that stretch, the Rogue River flows through one of the most 
spectacular canyons and diverse natural areas in the United States. The 
Rogue River is a world class rafting river, offering everything from 
one day trips to week long trips through deep forested canyons. On the 
land, the Rogue River trail is also one of Oregon's most renowned 
backpacking routes.
  The legislation would also protect an additional 143 miles of 
tributaries that feed the Rogue River with cold clean water. Of that 
number, 93 miles would be designated Wild and Scenic Rivers and an 
additional 50 miles would be protected from mining. The areas receiving 
protection include Galice Creek, Little Windy Creek, Jenny Creek, Long 
Gulch and 36 other tributaries of the Rogue. The Rogue River is one of 
Oregon's most iconic and beloved rivers. It is a river that teems with 
salmon leaping up rapids to spawn, and finds rafters down those very 
same rapids at other times of the year.
  I previously introduced legislation to protect the Rogue River 
tributaries in the last three Congresses. Since it was first 
introduced, I have worked with the timber industry and conservationists 
to find a compromise that protects one of America's treasures with 
additional wilderness designations and more targeted protections for 
the Rogue's tributaries. I am pleased that 95 local businesses--and 
over 120 organizations and business in total--support protecting the 
Wild Rogue, and that support grows every day. Many of those businesses 
directly benefit from the Wild Rogue and the Rogue River. As I often 
say, protecting these gems is not just good for the environment, but 
also good for the economy. These protected landscapes are powerhouses 
of the recreation economy that draws visitors from around the world to 
this region and the Rogue River is one of Oregon's most important sport 
and commercial fisheries. The Wild Rogue is the second largest salmon 
fishery in Oregon behind the Columbia. The Wild Rogue provides the 
quality of life and recreational opportunities that create an economic 
engine that attracts businesses and brings in tourists from around the 
world. The Rogue River supports more than 400 local jobs in nearby 
communities like Grants Pass.
  By protecting the Wild Rogue landscape and the tributaries that feed 
the mighty Rogue River, Congress will ensure that future generations 
can raft, fish, hike and enjoy the Wild Rogue as it is enjoyed today 
and that the recreational economy of this region remains strong.
  Lastly, there is another provision in the bill to designate segments 
of Oregon's Molalla River as Wild and Scenic. An approximately 15.1-
mile segment of the Molalla River and an approximately 6.2-mile segment 
of Table Rock Fork Molalla River would be designated as a recreational 
river under the Wild and Scenic Rivers Act.
  Including these river segments would protect a popular Oregon 
destination that provides abundant recreational activities that help 
fuel the recreation economy that is so important to the communities 
along the river. The scenic beauty of the Molalla River provides a 
backdrop for hiking, mountain biking, camping, and horseback riding, 
while the waters of the river are a popular destination for fishing, 
kayaking, and whitewater rafting enthusiasts. This legislation would 
not only preserve this area as a recreation destination, but would also 
protect the river habitat of the Chinook salmon and Steelhead trout, 
along with the wildlife habitat surrounding the river, home to the 
northern spotted owl, the pileated woodpecker, golden and bald eagles, 
deer, elk, the pacific giant salamander, and many others. The Molalla 
River is also the source of clean drinking water for the towns of 
Molalla and Canby, Oregon. Protecting the approximately 21.3 miles of 
the Molalla River will provide the residents of these Oregon towns with 
the assurance that they will continue to receive clean drinking water.
  I would like to reiterate my continued appreciation for the Molalla 
River Alliance--a coalition of more than 48 member-organizations that 
recognize that this river is a jewel and have set out to protect it. 
This Alliance made sure that irrigators, city councilors, the mayor, 
businesses and environmentalists all came together on this.
  Oregon's wildlands play an increasingly important role in the 
economic development of our state, especially in traditionally rural 
areas east of the Cascades. Visitors come from thousands of miles away 
to hike, fish, raft and hunt in Oregon's desert Wilderness. Beyond 
tourism, the rich quality of life and the diverse natural amenities 
that we enjoy as Oregonians are key to attracting new businesses to 
Oregon. And with all these bills, I express my gratitude for the many 
groups and individuals who have worked diligently to protect these 
special places. I look forward to working with Senator Merkley, 
Representative DeFazio, Representative Schrader and other colleagues 
and the bill's other supporters to keep up the fight for these unique 
places in Oregon and get these pieces of legislation to the President's 
desk for his signature.
      By Mr. CARDIN (for himself, Mr. Graham, Mr. Leahy, Ms. Klobuchar, 
        Mrs. Boxer, Mr. Blumenthal, Mr. Whitehouse, Ms. Heitkamp, and 
        Mr. Durbin):
  S. 357. A bill to encourage, enhance, and integrate Blue Alert plans 
throughout the United States in order to disseminate information when a 
law enforcement officer is seriously injured or killed in the line of 
duty; to the Committee on the Judiciary.
  Mr. CARDIN. Mr. President, I rise today to introduce the National 
Blue Alert Act of 2013.
  Every day, more than 900,000 Federal, State and local law enforcement 
officers put their lives on the line to keep our communities safe. 
Unfortunately these officers can become targets for criminals and those 
seeking to evade our justice system, and we must make sure our officers 
have all the tools they need to protect themselves and each other.
  Each year thousands of law enforcement officers are assaulted while 
performing their duties and dozens lose their lives. According to the 
Federal Bureau of Investigation, FBI, 72 law enforcement officers were 
feloniously killed in the line of duty in 2011. This

[[Page S783]]

is an unacceptable level of violence against our law enforcement 
officers, and we must act now to better protect them.
  This is why I am introducing the National Blue Alert Act of 2013 
today, and thank Senators Graham, Leahy, Klobuchar, Boxer, Blumenthal, 
Whitehouse, Heitkamp, and Durbin for joining me as co-sponsors of this 
important legislation.
  The Blue Alert system provides for rapid dissemination of information 
about criminal suspects who have injured or killed law enforcement 
officers. The Blue Alert system would only be used in the case of the 
death or serious injury of a law enforcement officer, where the suspect 
has not been apprehended, and where there is sufficient descriptive 
information of the suspect and any vehicles involved. This information 
can be used by local law enforcement, the public and the media to help 
facilitate capture of such offenders and ultimately reduce the risk 
they pose to our communities and law enforcement officers.
  A National Blue Alert will encourage, enhance and integrate blue 
alert plans throughout the United States in order to effectively 
disseminate information notifying law enforcement, media and the public 
that a suspect is wanted in connection with an attack on a law 
enforcement officer.
  Currently there is no national alert system that provides immediate 
information to other law enforcement agencies, the media or the public 
at large. Many states have created a state blue alert system in an 
effort to better inform their local communities. The State of Maryland, 
under the leadership of Governor Martin O'Malley, created their Blue 
Alert system in 2008 after the murder of Maryland State Trooper Wesley 
Brown. Blue Alert programs have been created in 18 states so far 
including: Washington, California, Utah, Colorado, Oklahoma, Texas, 
Ohio, Kentucky, Tennessee, Mississippi, Alabama, Georgia, South 
Carolina, Florida, Virginia, Maryland, Montana, and Delaware.
  The National Blue Alert Act will provide police officers and other 
emergency units with the ability to react quickly to apprehend violent 
offenders and will complement the work being done by Attorney General 
Holder in his Law Enforcement Officer Safety Initiative.
  The purpose of our National Blue Alert legislation is to keep our law 
enforcement officers and our communities safe. And based on the success 
of the AMBER Alert and the SILVER Alert, I believe this BLUE Alert will 
be equally successful in helping to apprehend criminal suspects who 
have seriously injured or killed our law enforcement officers.
  I am also pleased to say this legislation has the endorsement of the 
Fraternal Order of Police, the National Association of Police 
Organizations, the Federal Law Enforcement Officers Association, the 
Concerns of Police Survivors, and the Sergeants Benevolent Association 
of the New York City Police Department. Passing this legislation can 
help us live up to our commitment to help better protect those who 
serve us.
      By Mr. WYDEN (for himself, Mr. Paul, Mr. McConnell, and Mr. 
  S. 359. A bill to amend the Controlled Substances Act to exclude 
industrial hemp from the definition of marihuana, and for other 
purposes; to the Committee on the Judiciary.
  Mr. WYDEN. Mr. President, I am pleased to be joined by Senators Paul, 
McConnell, and Merkley in introducing the Industrial Hemp Farming Act 
of 2013.
  As some folks will recall, I introduced a similar bill as an 
amendment to the Senate Farm Bill last year in an attempt to empower 
American farmers and increase domestic economic activity. 
Unfortunately, this amendment didn't receive a vote. Doubly unfortunate 
is the fact that a senseless regulation that flunks the common-sense 
test is still on our nation's books.
  Members of Congress hear a lot about how dumb regulations are hurting 
economic growth and job creation. The current ban on growing industrial 
hemp makes no sense at all, and what is worse, this regulation is 
hurting job creation in rural America and increasing our trade deficit.
  If my colleagues take the time to learn about this outrageous 
restriction on free enterprise, I am sure most senators would say that 
what I am talking about is the poster child for dumb regulation.
  The only thing standing in the way of taking advantage of this 
profitable crop is a lingering misunderstanding about its use. The bill 
my colleagues and I have filed will end this ridiculous regulation.
  Right now, the United States is importing over $10 million in hemp 
products to use in textiles, foods, paper products, and construction 
materials. We are importing a crop that U.S. farmers could be 
profitably growing right here at home, if not for government rules 
prohibiting it.
  Our neighbors to the north certainly see the potential for this 
product. In 2010, the Canadian government injected over $700,000 into 
their blossoming hemp industry to increase the size of their hemp crop 
and fortify the inroads they have made into U.S. markets. It was a good 
bet. U.S. imports have consistently grown over the past decade, 
increasing by 300 percent in 10 years, and from 2009 to 2010 they grew 
35 percent. The number of acres in Canada devoted to growing hemp 
nearly doubled from 2011 to 2012. So it should come as no surprise that 
the United States imports around 90 percent of its hemp from Canada.
  Now, I know it is tough for some members of Congress to talk about 
hemp and not connect it to marijuana. I want to point out that even 
though they come from the same species of plant, there are major 
differences between them.
  You know, the Chihuahua and St. Bernard come from the same species, 
too, Canis lupus familiaris, but no one is going to confuse them. Also, 
the domestic dog is a subspecies of the gray wolf, Canis lupus, and no 
one is going to confuse those two either. So let's recognize the real 
differences between hemp and marijuana, and focus on the benefits from 
producing domestically the hemp we already use.
  Under our bill, the production of industrial hemp would still be 
regulated, but it would be done by States, not the Federal Government.
  Pro-hemp legislation has been introduced in eight states, and several 
others have already removed barriers to industrial hemp production. 
Under our bill, industrial hemp is defined as having extremely low THC 
levels: it has to be 0.3 percent or less. The lowest commercial grade 
marijuana typically has 5% THC content. The bottom line is that no one 
is going to get high on industrial hemp. To guarantee that won't be the 
case, our legislation allows the U.S. Attorney General to take action 
if a state law allows commercial hemp to exceed the maximum 0.3 percent 
THC level.
  Hemp has been a profitable commodity in many other countries. In 
addition to Canada, Australia also permits hemp production and the 
growth in that sector helped their agricultural base survive when the 
tobacco industry dried up. Over 30 countries in Europe, Asia, and North 
and South America currently permit farmers to grow hemp, and China is 
the world's largest producer.
  In fact, the U.S. is the only industrialized nation that prohibits 
farmers from growing hemp. This seems silly considering that we are the 
world's leading consumer of hemp products, with total sales of food, 
health and beauty products exceeding $52 million in 2012, with 16.5 
percent growth over 2011.
  My home State of Oregon is home to some major manufacturers of hemp 
products, including Living Harvest, one of the largest hemp foods 
producers in the country. Business has been so brisk there that the 
Portland Business Journal recently rated them as one of the fastest-
growing local companies.
  There are similar success stories in many states. One company in 
North Carolina has begun incorporating hemp into building materials, 
reportedly making them both stronger and more environmentally friendly. 
Another company in California produces hemp-based fiberboard.
  No country is better than the U.S. at developing, perfecting, and 
expanding markets for its products. As that market grows, it should be 
domestically-produced hemp that supplies its growth.

[[Page S784]]

  I would like to share with colleagues an editorial by one of the 
leading newspapers in my state, the Bend Bulletin. Here's what they had 
to say about legalizing industrial hemp: ``producers of hemp products 
in the United States are forced to import it. That denies American 
farmers the opportunity to compete in the market. It is like 
surrendering the competitive edge to China and Canada, where it can be 
grown legally.''
  The Bend Bulletin's editorial went on to say: ``Legalizing industrial 
hemp does not have to be a slippery slope toward legalizing marijuana. 
It can be a start toward removing regulatory burdens limiting Oregon 
farmers from competing in the world market.''
  The opportunities for American farmers and businesses are obvious 
here. Let's boost revenues for farmers and reduce the costs for 
businesses around the country that use this product. Let's put more 
people to work growing and processing an environmentally-friendly crop, 
with a ready market in the United States. For all the reasons I just 
described, I urge my colleagues to join Senators Paul, McConnell, and 
Merkley and me by cosponsoring this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 359

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,


       This Act may be cited as the ``Industrial Hemp Farming Act 
     of 2013''.


       Section 102 of the Controlled Substances Act (21 U.S.C. 
     802) is amended--
       (1) in paragraph (16)--
       (A) by striking ``(16) The'' and inserting ``(16)(A) The''; 
       (B) by adding at the end the following:
       ``(B) The term `marihuana' does not include industrial 
     hemp.''; and
       (2) by adding at the end the following:
       ``(57) The term `industrial hemp' means the plant Cannabis 
     sativa L. and any part of such plant, whether growing or not, 
     with a delta-9 tetrahydrocannabinol concentration of not more 
     than 0.3 percent on a dry weight basis.''.


       Section 201 of the Controlled Substances Act (21 U.S.C. 
     811) is amended by adding at the end the following:
       ``(i) Industrial Hemp Determination.--If a person grows or 
     processes Cannabis sativa L. for purposes of making 
     industrial hemp in accordance with State law, the Cannabis 
     sativa L. shall be deemed to meet the concentration 
     limitation under section 102(57), unless the Attorney General 
     determines that the State law is not reasonably calculated to 
     comply with section 102(57).''.
      By Mr. WYDEN (for himself, Ms. Murkowski, Mr. Begich, Mr. Crapo, 
        Mr. Risch, and Mr. Merkley):
  S. 363. A bill to expand geothermal production, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, I rise today to introduce the Geothermal 
Expansion Production Act of 2013. This legislation is the same as a 
bill reported favorably by voice vote by the Senate Committee on Energy 
and Natural Resources during the 112th Congress. This bill has bi-
partisan support, with Senators Murkowski, Begich, Crapo, Risch, and 
Merkley, joining me as original cosponsors. The legislation will help 
to encourage the production of geothermal energy from public lands.
  With limited exceptions, current law requires that all Federal lands 
to be leased for the development of geothermal resources be offered on 
a competitive basis. BLM must hold a competitive lease sale every 2 
years. If bids are not received for the lands offered, BLM must offer 
the lands on a noncompetitive basis for 2 years.
  This legislation extends the authority for noncompetitive leasing in 
cases where a geothermal developer wants to gain access to Federal land 
immediately adjacent to land on which that developer has proven that 
there is a geothermal resource that will be developed. This will allow 
a geothermal project to expand onto adjacent land, if necessary, to 
increase the amount of geothermal energy it can develop. It will also 
add to the royalties and rents that the project pays to the U.S. 
  The reason for this legislation is to allow the rapid expansion of 
already identified geothermal resources without the additional delays 
of competitive leasing and without opening up those adjacent properties 
to speculative bidders who have no interest in actually developing the 
resource, only in extracting as much money as they can from the 
existing geothermal developer.
  The bill is not a give away at taxpayer expense. The bill limits the 
amount of adjacent Federal land that can be leased to 640 acres. This 
lease on Federal land must be acquired at fair-market value. The bill 
also requires the lease holder to pay the higher annual rental rate 
associated with competitive leases even though this new parcel is not 
being competitively leased. Again, the purpose of this higher rental 
rate is to ensure that taxpayers will get the revenue due to them from 
the use of their public lands.
  I hope that my colleagues will join me in supporting this important 
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                 S. 363

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,


       This Act may be cited as the ``Geothermal Production 
     Expansion Act of 2013''.


       Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
     1003(b)) is amended by adding at the end the following:
       ``(4) Adjoining land.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Fair market value per acre.--The term `fair market 
     value per acre' means a dollar amount per acre that--

       ``(I) except as provided in this clause, shall be equal to 
     the market value per acre (taking into account the 
     determination under subparagraph (B)(iii) regarding a valid 
     discovery on the adjoining land) as determined by the 
     Secretary under regulations issued under this paragraph;
       ``(II) shall be determined by the Secretary with respect to 
     a lease under this paragraph, by not later than the end of 
     the 180-day period beginning on the date the Secretary 
     receives an application for the lease; and
       ``(III) shall be not less than the greater of--

       ``(aa) 4 times the median amount paid per acre for all land 
     leased under this Act during the preceding year; or
       ``(bb) $50.
       ``(ii) Industry standards.--The term `industry standards' 
     means the standards by which a qualified geothermal 
     professional assesses whether downhole or flowing temperature 
     measurements with indications of permeability are sufficient 
     to produce energy from geothermal resources, as determined 
     through flow or injection testing or measurement of lost 
     circulation while drilling.
       ``(iii) Qualified federal land.--The term `qualified 
     Federal land' means land that is otherwise available for 
     leasing under this Act.
       ``(iv) Qualified geothermal professional.--The term 
     `qualified geothermal professional' means an individual who 
     is an engineer or geoscientist in good professional standing 
     with at least 5 years of experience in geothermal 
     exploration, development, or project assessment.
       ``(v) Qualified lessee.--The term `qualified lessee' means 
     a person that may hold a geothermal lease under this Act 
     (including applicable regulations).
       ``(vi) Valid discovery.--The term `valid discovery' means a 
     discovery of a geothermal resource by a new or existing slim 
     hole or production well, that exhibits downhole or flowing 
     temperature measurements with indications of permeability 
     that are sufficient to meet industry standards.
       ``(B) Authority.--An area of qualified Federal land that 
     adjoins other land for which a qualified lessee holds a legal 
     right to develop geothermal resources may be available for a 
     noncompetitive lease under this section to the qualified 
     lessee at the fair market value per acre, if--
       ``(i) the area of qualified Federal land--

       ``(I) consists of not less than 1 acre and not more than 
     640 acres; and
       ``(II) is not already leased under this Act or nominated to 
     be leased under subsection (a);

       ``(ii) the qualified lessee has not previously received a 
     noncompetitive lease under this paragraph in connection with 
     the valid discovery for which data has been submitted under 
     clause (iii)(I); and
       ``(iii) sufficient geological and other technical data 
     prepared by a qualified geothermal professional has been 
     submitted by the qualified lessee to the applicable Federal 
     land management agency that would lead individuals who are 
     experienced in the subject matter to believe that--

       ``(I) there is a valid discovery of geothermal resources on 
     the land for which the

[[Page S785]]

     qualified lessee holds the legal right to develop geothermal 
     resources; and
       ``(II) that thermal feature extends into the adjoining 

       ``(C) Determination of fair market value.--
       ``(i) In general.--The Secretary shall--

       ``(I) publish a notice of any request to lease land under 
     this paragraph;
       ``(II) determine fair market value for purposes of this 
     paragraph in accordance with procedures for making those 
     determinations that are established by regulations issued by 
     the Secretary;
       ``(III) provide to a qualified lessee and publish, with an 
     opportunity for public comment for a period of 30 days, any 
     proposed determination under this subparagraph of the fair 
     market value of an area that the qualified lessee seeks to 
     lease under this paragraph; and
       ``(IV) provide to the qualified lessee and any adversely 
     affected party the opportunity to appeal the final 
     determination of fair market value in an administrative 
     proceeding before the applicable Federal land management 
     agency, in accordance with applicable law (including 

       ``(ii) Limitation on nomination.--After publication of a 
     notice of request to lease land under this paragraph, the 
     Secretary may not accept under subsection (a) any nomination 
     of the land for leasing unless the request has been denied or 
       ``(iii) Annual rental.--For purposes of section 5(a)(3), a 
     lease awarded under this paragraph shall be considered a 
     lease awarded in a competitive lease sale.
       ``(D) Regulations.--Not later than 270 days after the date 
     of enactment of the Geothermal Production Expansion Act of 
     2013, the Secretary shall issue regulations to carry out this 
      By Ms. MURKOWSKI:
  S. 366. A bill to amend the Omnibus Budget Reconciliation Act of 1993 
to require the Bureau of Land Management to provide a claimant of a 
small miner waiver from claim maintenance fees with a period of 60 days 
after written receipt of 1 or more defects is provided to the claimant 
by registered mail to cure the 1 or more defects or pay the claim 
maintenance fee, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today to reintroduce legislation 
to clarify Federal mining law and remedy a problem that has arisen from 
the extension process for ``small'' miner mineral claims.
  Under revisions to the Federal Mining Law of 1872, 30 U.S.C. 28(f), 
holders of unpatented mineral claims must pay a claim maintenance fee 
originally set at $100 per claim by a deadline, set by regulation, of 
September 1st each year. Since 2004 that fee has risen. But Congress 
also has provided a claim maintenance fee waiver for ``small'' miners, 
those who hold 10 or fewer claims, that they do not have to submit the 
fee, but that they must file to renew their claims and submit an 
affidavit of annual labor, work conducted on the claim, each year, 
certifying that they had performed more than $100 of work on the claim 
in the preceding year, 30 U.S.C. 28f(d)(1). The waiver provision 
further states: ``If a small miner waiver application is determined to 
be defective for any reason, the claimant shall have a period of 60 
days after receipt of written notification of the defect or defects by 
the Bureau of Land Management to: cure such defect or defects or pay 
the $100 claim maintenance fee due for such a period.''
  Since past revisions of the law, there have been a series of 
incidents where miners have argued that they submitted their 
applications and affidavits of annual labor in a timely manner, but due 
to clerical error by BLM staff, mailing delays or for unexplained 
reasons, the applications or documents were not recorded as having been 
received in a timely fashion. In that case BLM has terminated the 
claims, deeming them null and void. While mining claim holders have 
argued that the law provides them time to cure claim defects, BLM has 
argued that the cure only applies when applications or fees have been 
received in a timely manner. Thus, there is no administrative remedy 
for miners who believe that clerical errors by BLM or mail issues 
resulted in loss or the late recording of claim extension applications 
and paperwork.
  There have been a number of cases where Congress has been asked to 
override BLM determinations and reinstate mining claims simply because 
of the disputes over whether the claims had been filed in a timely 
manner. Congress in 2003 reinstated such claims in a previous Alaska 
case. Claims in two other incidents were reinstated following a U.S. 
District Court case in the 10th Circuit first in 2009 in the case of 
Miller v. United States and secondly earlier this year in a second 
Alaska case. Legislation to correct the provision to prevent this 
problem in the future actually cleared the Senate in 2007, but did not 
ultimately become law.
  In the past two Congresses I have introduced legislation intended to 
short circuit continued litigation and pleas for claim reinstatement by 
clarifying the intent of Congress that miners do have to be informed 
that their claims are in jeopardy of being voided and given 60 days 
notice to cure defects, including giving them time to submit their 
applications and to submit affidavits of annual labor, should their 
submittals not be received and processed by BLM officials on time. If 
all defects are not cured within 60 days, the obvious intent of 
Congress in passing the original act, then claims still are subject to 
voidance. But this administration has opposed the legislation arguing 
that it would be too expensive to notify all small miners who fail to 
file their small miner waiver documents on time and giving them time to 
solve the defect prior to the loss of their claims. It has even been 
suggested that giving small miners simple due process would just 
encourage miners to ignore the deadline for filing for their fee 
  I find the cost complaint unpersuasive. Many Federal departments and 
agencies, the Federal Communication Commission, as one example, 
routinely sends out notices on permit and license applications. The FCC 
sends out hundreds of thousands of such notices to Americans who have 
small radio licenses expiring yearly, warning them that they need to 
file applications for license renewal. The Bureau of Land Management 
certainly should be able to afford a few hundred 50-cent stamps to 
perform a similar service. Given the value of claims placed at risk and 
the bother, inconvenience and fear of loss of claims, it is highly 
unlikely that miners would avoid filing their waiver paperwork on time 
just because a notification process was clearly in place before claims 
could be terminated.
  So today I reintroduce legislation to solve the notification issue 
and include language to remedy an injustice to one of my constituents 
who has lost his rights to nine mineral claims on the Kenai Peninsula, 
near Hope, Alaska. The transition language would reinstate claims for 
Mr. John Trautner, who has lost title to claims that he had held from 
1982 to 2004. Mr. Trautner suffered this loss even though he had a 
consistent record of having paid the annual labor assessment fee for 
the previous 22 years. The local BLM office did have a time-date-
stamped record that the maintenance fee waiver certification form had 
been filed weeks before the deadline but just not a record that the 
affidavit of annual labor had arrived when he dropped it office in the 
Anchorage office at the same time.
  This legislation, supported in the past by the Alaska Miners 
Association, will clarify that small miners do have a right to simple 
due process to be able to have a chance to file their small miner 
waiver applications in the event of mistakes in processing, rather than 
immediately lose their rights to patented mining claims without 
effective appeal or recourse. I appreciate that the Justice Department 
and BLM Jan. 22, 2013 reinstated claims owned by Alaskans Don and Judy 
Mullikins of Nome, finally reversing a decision that they should lose 
their claims following a 2009 application filing incident. But the 
legal expense, bother and uncertainty that the Mullikins went through 
in getting their claims reinstated are clear reasons why Congress 
should clarify past changes to the small miner waiver provision and 
permit claims to be retained in the event of clerical errors or honest 
mistakes by claim holders in missing the deadline for filings. Such a 
change would simply provide justice for small miners.
      By Mr. RUBIO (for himself, Mr. Hatch, Mr. Blunt, Mr. Paul, Mr. 
        Risch, Mr. Grassley, Mr. Johanns, Mr. Burr, Mrs. Fischer, Mr. 
        Boozman, Mr. Wicker, Mr. Corker, Mr. Inhofe, Mr. Roberts, Mr. 
        Coburn, Mr. Enzi, Mr. Chambliss, Mr. McConnell, Mr. Vitter, Mr. 
        Moran, Mr. Graham, Mr. Cruz, and Mr. Cornyn):

[[Page S786]]

  S. 369. A bill to amend title 18, United States Code, to prohibit 
taking minors across State lines in circumvention of laws requiring the 
involvement of parents in abortion decisions; to the Committee on the 
  Mr. HATCH. Mr. President, I am proud to stand with my friend from 
Florida, Senator Rubio, as he introduces an important piece of 
legislation, the Child Interstate Abortion Notification Act. This bill, 
which is being introduced in the House by Rep. Ileana Ros-Lehtinen of 
Florida, is based on the belief that children should not make profound 
life-changing decisions by themselves and that parents are generally in 
the best and most responsible position to help them.
  One of the many disturbing ironies in the abortion debate is that 
parental consent is needed for such things as tattoos or school 
fieldtrips but not always for abortions that will end one life and 
change another forever. Abortion advocates say that abortion should be 
treated as any other surgical procedure many of them oppose doing so 
when it comes to parental consent.
  What is worse, there are individuals and organizations out there who 
appear to care more about money than about kids. They are willing to 
help young girls get abortions by any means necessary, including taking 
them to other States without the knowledge or consent of their parents. 
Mind you, those same parents will be responsible for the aftermath, for 
the physical, emotional, and spiritual consequences of the abortion. If 
parents are to be responsible at the end, they have the right to be 
there at the beginning.
  If it were possible, just for a moment, to take the abortion politics 
out of the picture, every parent knows that kids have to develop over 
time the judgment and maturity to make decisions. No one is more 
committed to them, no one has more love for them, no one has more 
responsibility for them than their parents.
  This bill has two parts. First, it prohibits taking a minor across 
state lines for an abortion if doing so evades the parental involvement 
law in her home State. In the 109th Congress, this portion of our bill 
passed the Senate with 65 bipartisan votes. More than 80 percent of our 
fellow Americans support it. Second, this bill requires abortionists to 
notify parents of an out-of-state minor before performing an abortion. 
Without this common sense requirement, abortion providers and advocates 
actually advertise how minors in states that require parental 
involvement can get abortions elsewhere. This perverse practice 
undermines parents and puts young girls at greater risk. Fifty-seven 
Senators of both parties, including 23 still serving in this body 
today, voted for cloture on this combined bill in 2006.
  I urge my colleagues to read the bill. It does not apply when an 
abortion is necessary to save a girl's life or if the girl is a victim 
of abuse or neglect. Again, please read the bill. It is carefully 
drafted with the appropriate exceptions and safeguards in order to 
focus on what unites the vast majority of Americans, that parents 
should be involved before their child has an abortion. The majority of 
states have laws requiring parental involvement and, with its 
interstate component, this bill is a legitimate and constitutional way 
for Congress to help protect children and support parents.
      By Mr. COCHRAN (for himself and Ms. Mikulski):
  S. 370. A bill to improve and expand geographic literacy among 
kindergarten through grade 12 students in the United States by 
improving professional development programs for kindergarten through 
grade 12 teachers offered through institutions of higher education; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. COCHRAN. Mr. President, today I am introducing the Teaching 
Geography is Fundamental Act. I am pleased to be joined by my friend 
from Maryland, Ms. Mikulski. The purpose of this bill is to improve 
geographic literacy among K-12 students in the United States by 
supporting professional development programs administered by 
institutions of higher education for K-12 teachers. The bill also 
assists states in measuring the impact of geography education.
  Ensuring geographic literacy prepares students to be good citizens of 
both our nation and the world. John Fahey, Chairman and CEO of the 
National Geographic Society, once stated that, ``Geographic illiteracy 
impacts our economic well-being, our relationships with other nations 
and the environment, and isolates us from the world.'' When students 
understand their own environment, they can better understand the 
differences in other places and the people who live in them. Knowledge 
of the diverse cultures, environments, and distances between states and 
countries helps our students to understand national and international 
policies, economies, societies and political structures on a global 
  To expect that Americans will be able to work successfully with other 
people around the world, we need to be able to communicate and 
understand each other. It is a fact that we have a global marketplace, 
and we need to be preparing our younger generation for competition in 
the international economy. A strong base of geographic knowledge 
improves these opportunities.
  In a report prepared for leading Internet company, Google, the study 
estimated that geography service industries generate up to $270 billion 
every year. Geographic knowledge is increasingly needed for U.S. 
businesses in electronic mapping, satellite imagery, and location-based 
navigation to understand such factors as physical distance, time zones, 
language differences and cultural diversity among project teams.
  Additionally, geospatial technology is an emerging career field 
available to people with an extensive background in geography 
education. Professionals in geospatial technology are employed in 
federal government agencies, the private sector and the non-profit 
sector and focus on areas such as agriculture, archeology, ecology, 
land appraisal and urban planning and development. It is important to 
improve and expand geography education so that students in the United 
States can attain the necessary expertise to fill and retain the 
estimated 70,000 new skilled jobs that are becoming available each year 
in the geospatial technology industry.
  Former Secretary of State Colin Powell once said, ``To solve most of 
the major problems facing our country today--from wiping out terrorism, 
to minimizing global environmental problems, to eliminating the scourge 
of AIDS--will require every young person to learn more about other 
regions, cultures, and languages.'' We need to do more to ensure that 
the teachers responsible for the education of our students, from 
kindergarten through high school graduation, are trained and prepared 
to teach the critical skills necessary to solve these problems.
  Over the last 15 years, the National Geographic Society has awarded 
more than $100 million in grants to educators, universities, geography 
alliances, and others for the purposes of advancing and improving the 
teaching of geography. Their models are successful, and research shows 
that students who have benefited from this teaching outperform other 
students. State geography alliances exist in 26 States and the District 
of Columbia, endowed by grants from the Society. But, their efforts 
alone are not enough.
  In my home State of Mississippi, teachers and university professors 
are making progress to increase geography education in schools through 
additional professional training. Based at the University of 
Mississippi, hundreds of geography teachers are members of the 
Mississippi Geography Alliance. The Mississippi Geography Alliance 
conducts regular workshops for graduate and undergraduate students who 
are preparing to be certified to teach elementary through high school-
level geography in our State. These workshops have provided 
opportunities for model teaching sessions and discussion of best 
practices in the classroom.
  The bill I am introducing establishes a Federal commitment to enhance 
the education of our teachers, focuses on geography education research, 
and develops reliable, advanced technology based classroom materials. I 
hope the Senate will consider the seriousness of the need to invest in 
geography, and I invite other Senators to cosponsor the Teaching 
Geography is Fundamental Act.

[[Page S787]]

      By Mr. REED (for himself, Mr. Whitehouse, Ms. Warren, and Mr. 
  S. 371. A bill to establish the Blackstone River Valley National 
Historical Park, to dedicate the Park to John H. Chafee, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. REED. Mr. President, today I am reintroducing legislation with my 
colleagues Senators Whitehouse, Warren, and Cowan that would create the 
Blackstone River Valley National Historical Park. Our legislation seeks 
to preserve the industrial, natural, and cultural heritage of the 
Blackstone Valley, assist local communities by providing economic 
development opportunities, and build upon the foundation of the John H. 
Chafee Blackstone River Valley National Heritage Corridor.
  In 1793, Samuel Slater began the American Industrial Revolution in 
Rhode Island when he built his historic mill along the Blackstone 
River. Today, the mills and villages found throughout the John H. 
Chafee Blackstone River Valley National Heritage Corridor in Rhode 
Island and Massachusetts stand as witnesses to this important era of 
American history.
  Not only is the Blackstone Valley a window to our nation's past but 
it is also includes thousands of acres of pristine, undeveloped land 
and waterways that are home to a diverse ecosystem.
  The combined efforts of the National Park Service and Federal, State, 
and local officials in our or two states, along with dedicated 
volunteers, have rejuvenated the communities within the Corridor and 
renewed interest in the rich history of the Blackstone River and 
valley. This kind of economic and environmental revitalization is 
indicative of the tradition of the valley in its successful reinvention 
over the past two centuries.
  For example, the Ashton Mill in Cumberland is an excellent 
illustration of local redevelopment. With the designation of the 
National Heritage Corridor, the cleanup of the river, the creation of 
the state park, and the construction of the Blackstone River Bikeway, 
the property was restored for adaptive reuse as rental apartments. Once 
again, the mill and its village are a vital part of the greater 
Blackstone valley community.
  I have been pleased over the years to help support the preservation 
and renewed development of the Blackstone River Valley.
  In 2005, I cosponsored legislation with former Senator Lincoln 
Chafee, now our State's governor, requiring the completion of a Special 
Resource Study to determine which areas within the Corridor were of 
national significance and possibly suitable for inclusion in the 
National Park System. After extensive input from local stakeholders and 
historians, in 2011 the completed study recommended the creation of a 
new unit of the National Park System.
  The legislation I am reintroducing today with my colleagues from 
Rhode Island and Massachusetts seeks to establish the two-state 
partnership park described in the study, with sites including the 
Blackstone River and its tributaries, the Blackstone Canal, the 
historic district of Old Slater Mill in Pawtucket, the villages of 
Slatersville and Ashton in Rhode Island, the villages of Whitinsville 
and Hopedale in Massachusetts, and the Blackstone River State Park. The 
National Park Service would partner with the local coordinating entity 
of the surrounding Heritage Corridor, the Blackstone River Valley 
National Heritage Corridor, Inc. That non-profit would then lead 
efforts with other regional and local groups to preserve the 
surrounding rural and agriculture landscape within the greater 
Blackstone River Valley.
  Creating a national historic park will enable us to safeguard our 
cultural heritage for future generations; improve the use and enjoyment 
of the area's resources, including outdoor education for young people; 
enhance opportunities for economic development; and increase protection 
of the most important and nationally significant cultural and natural 
resources of the Blackstone River Valley.
  I am proud that this park would be dedicated to my late colleague 
John H. Chafee, who worked tirelessly for many years, along with others 
in Rhode Island and Massachusetts, to protect and preserve the 
Blackstone River Valley.
  I look forward to working with my colleagues to pass this legislation 
to establish the Blackstone River Valley National Historical Park.