Southern Nevada Limited Transition Area Act

Mr. President, I rise to introduce the Stabenow-Craig Rural and Part-time Firefighter Training Fairness Act. This bill would ensure that our part-time and rural firefighters are not being treated as second class citizens. I want to thank Senator Craig for his hard work on this very important issue, and Senators Levin, Crapo, Rockefeller, and Jeffords for their support of this bill.

Mr. President, many part-time and volunteer firefighters in rural and small communities across the country are not attending Office of Domestic Preparedness-approved terrorism response training courses because Federal guidelines do not allow them to be reimbursed for the time they are away from their full-time jobs. Our bill would simply direct the ODP to allow part-time and volunteer first responders, to receive a reasonable stipend when they participate in ODP-approved terrorism response courses.

The Federal Government should not penalize rural and small communities and their firefighters from receiving training necessary to respond to a terrorist attack. In several counties in northern lower Michigan, State Homeland Security Grant funds sit unused because their fire departments are composed entirely of volunteer or part-time firefighters. Last year, the State of Michigan set aside $9 million in Homeland Security grants to prepare firefighters, including ODP training courses, to respond to terrorist incidents. However, this grant money is being underutilized since 72 percent of the firefighters in Michigan are volunteer or part-time and are not attending terrorism response training sessions.

All firefighters need the capability to respond to all types of emergencies. When Americans call 9-1-1, the fire department doesn't send only their full-time firefighters, they send everyone regardless of their status. Most part-time firefighters in rural areas hold full- time jobs in addition to serving and protecting their communities. It is unreasonable to expect them to take leave from their regular jobs, and forgo their pay from their full-time jobs, to attend terrorism response training courses that include incident command, civil action management, and radiological response.

Mr. President, many of our small, rural communities face the same homeland security challenges as larger cities with more resources. For example, Michigan has a long international border with Canada, and many of these small and rural border communities rely on part-time and volunteer firefighters. These responders must be capable of protecting these borders against the same terrorist threats that urban areas face. When there is an accident in the future and, God forbid, if there is a terrorist attack, we're not going to send only full-time firefighters to save people's lives.

This bill was included as a bipartisan amendment to the Senate version of the fiscal year 2005 Department of Homeland Security Appropriations bill, but was removed by the House Republican leadership in conference. This issue is too important for Congress to ignore, and I am going to keep fighting until our volunteer and part-time firefighters are treated fairly and receive the terrorism response training they need.

Mr. President, I'm pleased to note that the change in Federal guidelines this bill requires will not cost the Government any funding. It will not affect the distribution of State Homeland Security grants. It will just enable communities that have been awarded these grants to use them to pay their firefighters a reasonable stipend when they leave their full-time jobs and attend these terrorism response course. This is a matter of fairness to ensure that those that we rely on to respond to emergencies have the training they need.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I want to introduce two bills today. One of them is about a program nobody seems to know about. That is the space launch program. I don't know whether it is in the State of Texas or where they are doing this. But in Oklahoma, in Burns Flat, we have been very active in trying to get the Commercial Space Launch Program going. This is an opportunity for people to go into suborbital launch vehicles using a hybrid technology of a combination rocket injection engine. We are doing this. There have been several of them so far.

I have been a commercial pilot now for almost 50 years--47 years, I guess. I have a natural interest in this. I have had occasion to fly an airplane around the world. I have watched it from all levels.

I see the excitement in people's faces saying, I can fly in space.

We have this program which nobody knows about. It is a program that will allow people to get into things such as a Learjet that has a rocket on that will actually launch them, take them up and give them the experience of travel in space.

There have been some problems with this, however. There are some problems with people being able to do this with the company putting these programs together incurring responsibilities and liabilities.

It is very similar to the program we have been concerned with in the oil industry to try to expand it and keep people from being able to have frivolous lawsuits. That is what we are up against here.

We have introduced a bill that is designed to allow participation in this emerging space launching activity for a greater number of people.

The FAA will now have sole regulation authority for the suborbital hybrid vehicles. It will be appropriately considered. We are not taking any risk here. This is just to allow the private sector to enjoy this type of thing.

I will be introducing today S. 2998 with the idea of making this a reality and giving this privilege to a lot of people and allowing us to develop technology.

It is interesting. A lot of people go to an event every year in Oshkosh, WI. I have gone for 27 consecutive years. We go up there to see all of the new technology, what people are putting together in their experimental aircraft, airplanes they are making in their garages and basements. A lot of technology we are now using in the space program was actually started right there in someone's garage. That is essentially what we want to get at with the Commercial Space Launch Act we introduce today.

Mr. President, today I am introducing legislation to make very clear that Congress fully protected the health insurance benefits

of miners and their families when we passed the Coal Act in 1992. Unfortunately, we have recently seen bankruptcy courts disregard the Coal Act and absolve companies of their obligations to provide health benefits for workers and retirees. This is unacceptable. And the bill I am introducing today reiterates that the bankruptcy code does not supercede the Coal Act.

This year another company has abandon promises it made to workers and retirees in West Virginia. Horizon Natural Resources sought and received a court ruling that releases it from its contracts with union miners and allows it to avoid honoring health care benefit obligations for over 2,300 retired miners. This is a morally bankrupt corporate strategy, and is inconsistent with the Coal Act passed by Congress in 1992.

The Coal Act was needed in 1992 to prevent some companies from walking away from their clear contractual obligations and agreements with their workers. One of the provisions of that bill was written especially with the intent of not allowing companies to simply reorganize as a way to get out of their obligations to their workers. Unfortunately, too many companies are increasingly using bankruptcy courts to achieve the same results.

It should not be necessary for me to introduce this bill today. Congress has already spoken on this subject. The law is clear: Coal Act retirees are entitled to full benefits provided under the statute. No judge should rewrite the law to take those benefits away. However, because judges are legislating from the bench, it will be helpful for Congress to reiterate our intention to protect the health benefits of coal miners and their families.

I recognize that the 108th Congress is coming to a close. But I am introducing this legislation today because this issue is extremely important to all of those who are being victimized by the bankruptcy courts. I hope that early next year my colleagues will join me in this effort to protect the miners, retired miners, and families who are simply seeking the benefits they were promised in exchange for years of hard work.

Mr. President, I rise today for myself and Senator Ensign to introduce the Southern Nevada Limited Transition Area Act, which enhances the ability of a rapidly growing community to diversify its economy, gainfully employ its residents, and achieve fiscal sustainability.

The bill I am introducing today would convey 547 acres of land from the Bureau of Land Management to the city of Henderson, NV, for development as an employment and business center.

BLM has designated this parcel for disposal because of its urban surroundings and its isolation from other public land, which renders it difficult for the agency to manage.

The parcel is located in a rapidly growing area of the city, but is impacted by aircraft noise and overflights from the nearby Henderson Executive Airport that make it unsuitable for residential use.

But rather than cringing from these impediments, the city of Henderson sees opportunity. The city's land-use planning department envisions a business center that provides diverse employment opportunities for the region, while helping to pay for public infrastructure in nearby residential areas.

This bill establishes the conditions to make that vision come true.

The bill would convey the land to the city by patent. The city would then subdivide and sell lots at fair market value. As in previous conveyances of Federal land designated in the Southern Nevada Public Lands Management Act for disposal, 85 percent of the proceeds from sales would return to the BLM's Special Account for acquiring environmentally sensitive land. Five percent of the proceeds would fund the State of Nevada's general education program. And the city of Henderson could use the remaining 10 percent to cover expenses associated with subdividing the property and providing infrastructure.

Henderson, NV, is a new and rapidly growing city. Its leaders are dedicated to making the city a national model of logical development, diversified employment, and fiscal sustainability. This bill establishes the conditions needed to realize that vision.

I ask unanimous consent that the text of the bill be printed in the Record.