Prairie Island Land Conveyance Act of 2005
Legislative Activity
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Referred to the Subcommittee on Highways, Transit and Pipelines.
July 28, 2005
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Introduced in Senate
April 5, 2005
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S3211-3212)
April 5, 2005
Senate Committee on Indian Affairs discharged by Unanimous Consent.(consideration: CR S9055-9056)
July 26, 2005
Senate Committee on Indian Affairs discharged by Unanimous Consent. (consideration: CR S9055-9056)
July 26, 2005
Passed Senate without amendment by Unanimous Consent. (text: CR S9055-9056)
July 26, 2005
Received in the House.
July 27, 2005 • 10:33 AM
Message on Senate action sent to the House.
July 27, 2005
Referred to the House Committee on Transportation and Infrastructure.
July 27, 2005
Referred to the Subcommittee on Highways, Transit and Pipelines.
July 28, 2005
Floor Debate
15 membersWhat members said about S. 706 on the floor
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Floor Debate
15 membersWhat members said about S. 706 on the floor
Mr. President, I rise today to introduce a bill to amend the Elementary and Secondary Education Act with regard to the transfer of students from certain schools. The No Child Left Behind Act of 2001…
Mr. President, I rise today to introduce a bill to amend the Elementary and Secondary Education Act with regard to the transfer of students from certain schools. The No Child Left Behind Act of 2001 includes a requirement that schools not meeting adequate yearly progress--the AYP--for 2 consecutive years must provide transfer within the school district, and if no such schools exist, make efforts to provide transfers between school districts to the extent practical. This is the school choice provision. However, the current law's guidance on school choice does not adequately define practicality or feasibility, and where definitions are provided, they are overly broad.
We have just come off the Easter break. We had an opportunity to talk to a lot of educators and students. We return to our work starting today to make some significant--maybe not significant changes, but little changes to No Child Left Behind to make it more practical and make it more common sense in States such as Montana.
When we start looking at these maps, and as the President pro tempore leaves the Chamber, he understands what rural is when he looks at his State of Alaska. We are not nearly as big as Alaska. However, when we look at the State of Montana--and for those who wonder about distances and sizes, from the Yak, which is up in the northwest corner of the State, to Alzada in the southeast corner, it is farther than it is from Chicago to Washington, DC. So there is a pretty fair chunk of land out here, and we have young folks who go to school in just about every part of the State.
These are the elementary schools I am going to talk about as I speak on No Child Left Behind and the legislation I am introducing today.
The bottom line is No Child Left Behind is not a one-size-fits-all legislation. We have some of the greatest teachers there are in the country, and we have some of the brightest minds to teach. Accordingly, it is imperative that Congress continues to hear the needs and concerns of America's rural education communities.
Just to give my colleagues an idea, I had a little bit to do with the passage
and the shaping of the 1996 Telecommunications Act. In that bill, we had a piece included called broadband. Back in those days, most folks had not heard of the Internet, broadband, or digital. There were not very many of us around here who were even computer literate. We are getting better. We are getting a little younger.
I can remember when we put the broadband section in the bill, primarily to do two things in my State: distance learning, allowing these smaller schools in rural areas to access the Internet and classes to be taught via a two-way interact from another location so that their curriculum could be broadened, just like a school, say, located in Billings, Great Falls, Missoula. Just because someone was born way out here and went to school in Jordan, MT, where we have a county the size of Rhode Island--it only has 1,800 folks and only one high school. It used to be a boarding school. I do not think it is anymore. But it used to be when you took your student to school on Monday morning, you did not see them until Friday night after the football game was over. So we deal in a little bit different kind of environment and situation.
The Federal law must recognize the significant differences between urban and rural school districts with regard to student transportation, school spacing, and, of course, the school-of-choice options. Although No Child Left Behind leaves the State of Montana in control of determining the feasibility of transfers between different school districts, it is much less flexible when it comes to transfers within the same school district.
My legislation would add to existing guidelines on the practicality and the feasibility of school choice that a school district would not be required to provide a student with a transfer option to another school if providing the option is impractical due to the distance to be traveled, a geographical barrier or hazard, the duration of the travel, or an unusually high cost of travel. However, if choice is not offered under the latter circumstances, students in affected schools will still receive valuable supplemental education services, and school districts will still have the option to provide students school learning choices through distance learning programs or virtual schools or several other options offered under current law.
We are pretty sparse in eastern Montana. From Miles City to Jordan is about 90 miles. I was talking about Jordan a while ago up on the big dry creek. You heard me say I have a lot of dirt between light bulbs out there. Well, we have a lot of land between schools out there also, and school districts can be quite large. The centers of Billings, Great Falls, Missoula, the Flat Head, or even Bozeman are grouped pretty closely. In eastern Montana, however, they are far apart. We have elementary schools not even on paved roads, still on gravel. I know one that is still on a mud road. If it rains real hard or during the spring thaw, they cannot get a car in there or a pickup truck or even a four- wheel drive vehicle, so they all ride horses, which is not a bad idea. It saves on gas, and as high as gas is, it probably isn't a bad idea at all. This is a map of the elementary schools to give an idea of where they are located way out there.
Now, I want to take a look at the high schools. There are not as many of them. What are you going to do if a school in Miles City is in need of improvement under the current law? Where are you going to send them? To Broadus? I don't think so. That is another 80 or 90 miles. Pretty soon the miles start adding up.
Right now the law requires the schools to pay for students to transfer them in the same district unless doing so is too expensive. In Montana, as with many rural schools in rural States, there are considerations greater than just cost. While the law makes sense in Billings, it does not work in districts where the schools are farther apart.
Take the Broadus County School District in southeastern Montana as an example. As we can see, there is a lot of distance between schools. There are not very many schools out there. These are high schools. These are not elementary schools but high schools. Some may take up to 2 hours one way to drive. It not only hurts the family life of the students, but it disrupts what they do and also has an adverse effect on their academic performance.
Sometimes this type of commute may be necessary. My legislation makes this decision a matter for rural States to decide instead of the politicians here in Washington, DC, or by a rule written into a law that just is unworkable in my State.
I realize No Child Left Behind had some built-in flexibilities, and I also realize that some States did not take advantage of some of those flexibilities. Now we are locked into a situation where it is almost impossible to change unless we change the legislation and reword it. My legislation simply clarifies what is feasible and practical for school choice transfers within school districts and gives the States, especially my State, the ability to treat schools in rural Broadus differently than it treats schools in more urbanized Billings, MT.
I would imagine the Senator from Florida who is new to this body and a terrific addition to this body has some rural areas in Florida. We think of Florida as more urbanized, but they have some rural areas too, just like Montana. That does not mean there are kids out there whose needs should not be addressed.
When we visit schools, we get all kinds of questions from the students. I was visiting a sixth-grade class the other day. They came up with all kinds of questions. Some of them were pretty good, some were not so good. I did have one that was just a little bit different. This young man stood up in sixth grade, and he said: Senator, what do you want written on your tombstone? My gosh, I never had that question before, and I did not know exactly how to handle it, so I just told him: He's not here yet. That is the only way I could answer him.
These young people are very bright. They like their schools in these areas with distance learning. And we have telemedicine. We are delivering medical care much differently now. We are doing it with broadband services. We have 14 counties that do not have a doctor. It is done by physician assistants and many other people.
The other day a student from our part of the country enrolled at Montana State University at Billings. He had taken enough courses in his senior year in distance learning from MSUB that he has a full semester completed. So when he goes away to school, he already has half a year done.
This is why we have the Telecommunications Act. This is why we have the No Child Left Behind Act. We have to look at schools and libraries and some of the kinks we have to work out in that law so that these smaller schools and libraries can get their moneys so they can offer this online education. This is just another part of tweaking the No Child Left Behind law to make it work in rural areas.
I urge my Senate colleagues, especially those from rural States, to join me in cosponsoring this bill because it is very important. If we are really dedicated to the program of No Child Left Behind, we cannot leave rural children behind either, and we have to make it work.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce a bill to re- authorize a critical program for our energy future. It is widely believed that the U.S. must diversify its energy portfolio and explore new…
Mr. President, I rise today to introduce a bill to re- authorize a critical program for our energy future. It is widely believed that the U.S. must diversify its energy portfolio and explore new domestic sources and technologies for energy to curb our dependence on foreign oil. As a senior member of the Committee on Energy and Natural Resources, I know we have
been assessing the potential for a variety of energy sources for the future including natural gas, clean coal technology, nuclear energy, renewable energy, and others. This bill, the Methane Hydrate Research and Development Reauthorization Act of 2005, will reauthorize a small but important program on methane hydrate research and development, a key and abundant non-conventional source of energy.
I would like to extend my appreciation to my cosponsors, Senators Murkowski and Stevens, who share my interest and determination in exploring the potential of methane hydrates for energy production. We share a common goal to see that we fully understand the prospects for this domestic energy resource. This new legislation will foster the research and development needed to expand our knowledge to better assess both the opportunities and challenges this potential energy resource presents. Our legislation provides for a higher level of scientific research and partnering between government agencies, academic institutions, and industry.
The United States and the world will require substantially increased quantities of natural gas, electricity, and transportation fuels over the next 20 years. Global competition for tightening supplies of oil and natural gas with emerging economies such as China and India will drive energy prices higher, and makes it apparent that the United States needs to capitalize upon its domestic energy resources. The United States must continue to diversify and expand the Nation's access to natural gas supplies through continuing research and development efforts in technologies for tapping non-conventional natural gas supplies, such as methane hydrates.
Methane hydrates were discovered in the 1960s and consist of methane gas trapped in lattice-like ice. They are found largely in ocean bottom sediments lying below 450 meters and in permafrost. There are several published estimates of the total amount of methane stored in gas hydrates worldwide. These estimates vary. However, it is widely believed that there is more energy potentially stored in methane hydrates than in all other known fossil fuel reserves, combined. The National Commission on Energy Policy's December 2004 report, Ending the Energy Stalemate--A Bipartisan Strategy To Meet America's Energy Challenges, estimated that the United States could possess one quarter of the world's supply of methane hydrates.
The United States will consume increasing volumes of natural gas well into the 21st century. United States natural gas consumption is expected to increase from approximately 22 trillion cubic feet in 2003 to more than 32 trillion cubic feet in 2020--a projected increase of 40 percent. Natural gas is expected to take on a greater role in power generation, largely because of the increasing demand for clean fuels and the relatively low capital costs of building new natural gas-fired power equipment. The National Commission on Energy Policy reported that the United States resource base may contain up to two hundred thousand trillion cubic feet of methane, onshore in the Alaskan permafrost, and offshore on much of the Nation's deep continental shelf. If even one percent of the estimated domestic resource base proves commercially viable, it would roughly double the Nation's technically recoverable natural gas reserves, according to the Department of Energy's Office of Fossil Energy.
Given the growing demand for natural gas, the development of new, cost-effective supplies can play a major role in moderating price increases and ensuring consumer confidence in the long-term availability of reliable, affordable fuel. Today, the potential to extract commercially-relevant quantities of natural gas from hydrates is not yet viable. With no incentive to fund its own research and development, the private sector is not vigorously pursuing the research currently needed that could make methane hydrates technically and economically viable. Therefore, cooperation between the federal government and private industry remains the best effort in which the United States can explore the viability of an energy resource whose long-range possibilities might one day dramatically change the world's energy portfolio.
Uncertainties exist regarding the nature of these deposits and, in particular, how best to extract the enormous quantity of natural gas they contain in an economic and environmentally sensitive manner. However, some alternatives are worse. For example, transporting natural gas from foreign gas fields to the United States by shipping it in liquid form at negative 162 degrees Celsius is an expensive undertaking and one that is attractive to terrorists. Methane hydrates, on the other hand, can be found domestically, in Alaska and the Gulf of Mexico, and with our ally to the north, Canada. Hydrates are likely to provide commercially viable natural gas supplies by 2025. Their long term potential to meet United States energy demands for natural gas is considerable.
The Methane Hydrate Research Act of 2000 invigorated methane hydrate research in the United States. The act also mandated that the National Research Council study the program initiated by the act and to make recommendations for future research and development needs. Without a doubt, the National Research Council concluded in its 2004 report, Charting the Future of Methane Hydrate Research in the United States, that the U.S. must continue its investment in hydrates research and development because of the size of the resource. Furthermore, the report commended the program's excellent coordination and cooperation between federal agencies, industry, and academia involved in methane hydrates research. The legislation I am introducing incorporates the recommendations of the National Research Council, and improves upon the act by requiring external scientific peer reviews, strengthening the advisory panel, broadening the field work proposals to include test wells, increasing the appropriations needed to conduct the research, and emphasizing the need to promote education and training in the field of methane hydrate research and resource development. The bill also incorporates comments from the Department of Energy.
Mr. President, science and technology have and will continue to help us learn more about our world, and I believe, help us solve some of our toughest problems, not only domestically but globally. These are complex and significant problems relating to the impact of human activities on our environment, our heavy dependence on finite fossil fuels from sources that may not prove reliable, and limited energy supplies in the face of growing demands of expanding national economies that are increasingly intertwined in a global economic network. I believe the Federal Government must continue to foster the needed research and development in the field of methane hydrate research.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am introducing legislation to establish an Interagency Council on Meeting the Housing and Service Needs of Seniors, which will help the Federal Government work with its…
Mr. President, today I am introducing legislation to establish an Interagency Council on Meeting the Housing and Service Needs of Seniors, which will help the Federal Government work with its partners to meet the growing housing and related needs of senior citizens around the country. The Interagency Council will work to better coordinate Federal programs so that seniors and their families can access the programs and the services necessary to allow them to age in place or find suitable housing alternatives.
It is important that we take note of the needs of this rapidly growing senior population. In 2000, the population over 65 years of age was 34.7 million. This number is expected to grow to over 50 million by 2020. By the year 2030, nearly one-fifth of the United States population will be above 65 years of age.
In recognition of the importance of this issue, in 1999 Congress established the Commission on Affordable Housing and Health Facility Needs for Seniors--``Seniors Commission''--to assess the Federal role in senior housing, health and supportive services. The Seniors
Commission made a number of significant findings. For example, the commission found that seniors require a wide array of housing options with access to services, including meal preparation, transportation, health care, and assistance with daily activities. According to the Seniors Commission, over 18 percent of senior citizens--over 5.8 million seniors--who do not reside in nursing facilities have difficulty performing their daily activities without assistance. Over a million of these seniors are severely impaired, requiring assistance with many of their basic tasks. Many other seniors, those that can perform their daily functions, still require access to health care, transportation and other services. Without enhanced housing opportunities, such as service-enriched housing or assisted living facilities, these seniors find it increasingly difficult to remain outside of nursing homes or other institutional settings. In fact, the Seniors Commission found that ``many seniors across the income spectrum are at risk of institutionalization or neglect due to declining health and the loss or absence of support and timely interventions.'' For many seniors, in-home care, service-enriched housing, retrofitted homes and apartments, and assisted living-type facilities are sorely needed so that seniors can access necessary services where they live.
While there are numerous Federal programs that assist seniors and their families in meeting these needs, they are fragmented across many government agencies, with little or no coordination. In fact, the Seniors Commission found that ``the most striking characteristic of seniors' housing and health care in this country is the disconnection of one field from another.'' For example, housing assistance is available from the Department of Housing and Urban Development, the Department of Agriculture, and the Department of Veterans Affairs, while health care and supportive services are most likely accessed through various branches of the Department of Health and Human Services, such as the Centers for Medicaid and Medicare Services and the Administration on Aging, as well as through the Department of Transportation and the Department of Labor.
The Seniors Commission concluded that ``the time has come for coordination among Federal and State agencies and administrators.'' The legislation I am introducing today, the ``Meeting the Housing and Service Needs of Seniors Act of 2005,'' answers the commission's call to action by implementing the recommendation for better federal coordination.
Through a high-level interagency council the Federal Government will take a simple, but critical, step in addressing this fragmentation. This Council will have a variety of functions. The council will review all Federal programs designed to assist seniors, identify gaps in services, make recommendations about how to reduce duplication, identify best practices for relevant programs and services, and most importantly, work to improve the availability of housing and services for seniors. The council will also monitor, evaluate, and recommend improvements in existing programs and services that assist seniors in meeting their housing and service needs at the Federal, State, and local level, and will work to more effectively coordinate programs at the federal level, as well as at the state level, where many of the decisions regarding health and service needs are made. In addition, the council will be responsible for collecting and disseminating information, through a variety of means, about seniors and the programs and services relating to their needs. Through collaboration with the Federal Interagency Forum on Aging Statistics and the Census Bureau, the council will consolidate data on these needs and identify and address unmet data needs.
With improved collaboration and coordination among the Federal agencies and our State partners, we can ensure that seniors are better able to access housing and services. To ensure its effectiveness, the council will be comprised of top-level officials who oversee the programs which assist seniors in this country, including the Secretaries of the Department of Housing and Urban Development; the Department of Health and Human Services; the Department of Labor; the Department of Transportation; and the Department of Veterans Affairs; as well as the Commissioner of the Social Security Administration; the Administrator of the Centers for Medicare and Medicaid Services; and the Administrator of the Administration for the Aging.
This is a step we must take. It is essential that we make it easier for seniors and their families to access housing and supportive services together, so that when faced with difficult decisions, they do not have to navigate a confusing maze of programs and services, and work through multiple bureaucracies. We must also make it simpler for developers and providers to link housing and services so that greater supportive housing opportunities are available to the senior population. Through the Interagency Council, it is my hope that we will move toward a model of providing housing and services to seniors around the country.
If we are to successfully address these growing needs, it is clear that much work must be done. The establishment of an Interagency Council on Meeting the Housing and Service Needs of Seniors is a critical first step in this endeavor. I urge my colleagues to support this important legislation, and I ask unanimous consent that the text of the bill together with letters of support be printed in the Record.
Mr. President, H.R. 3351, the Native American Technical Corrections Act of 2005, was passed by the House on November 16, 2005, and referred to the Committee on Indian Affairs. Many of the provisions…
Mr. President, H.R. 3351, the Native American Technical Corrections Act of 2005, was passed by the House on November 16, 2005, and referred to the Committee on Indian Affairs. Many of the provisions in the House bill have already been acted on by the Senate in various bills. I will ask the Senate to pass the bill with a substitute amendment which includes most of the provisions in the original House version of the bill as well as some amendments that were not in the House version. I am pleased to be joined by Senator Dorgan as an original cosponsor of the amendment.
The Senate amendment to H.R. 3551 that I am offering contains the following: Section 104 is the same as S. 1484, which passed the Senate on July 26, 2005, and it amends the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 to adjust the spending rule set forth in that act for the Tribe's Settlement Fund. The provision would authorize expenditure of 6 percent of the average market value of the Settlement fund over the preceding 3 years. Section 201 is the same as S. 706, which passed the Senate on July 26, 2005, and it authorizes the transfer of lands, now held by the U.S. Army Corps of Engineers, to the Department of the Interior to be held in trust for the benefit of the Prairie Island Indian community in Red Wing, MN. The transfer will have no effect on the tax status of the lands, nor will the Prairie Island Indian Community be permitted to develop commercial or gaming facilities on the land; section 202 authorizes various 99-year leases. Part of this section passed Senate in S. 1485 on July 26, 2005, while other provisions were contained in H.R. 3351. Section 203 addresses the problem of lack of appraisers in Indian country by providing that for purposes of obtaining agricultural loans, the market value of land is the default appraisal value. This section is the same as S. 1489, that passed the Senate on July 26, 2005. Section 301 previously passed the Senate in S. 1295 on December 12, 2005, and it authorizes the National Indian Gaming Commission to collect fees up to 0.08 percent of gross gaming revenues, and eliminates $12 million cap, and subjects NIGC to the Government Performance and Results Act. Section 401, like S. 1758, that passed the Senate on August 22, 2005, amends the Indian Financing Act of 1974 to clarify that nonprofit tribal entities are eligible for Bureau of Indian Affairs Loan Guaranty Program. In addition, because the BIA is fast reaching its $500 million limit on the amount of loans it can have outstanding, and this section will increase that number to $1.5 billion.
The four new provisions that have not passed the Senate as stand- alone measures do the following: Section 101 corrects a drafting error to the Alaska Native Claims Settlement Act; section 102 facilitates exchanges between Alaska Regional and Village Corporations of land obtained through the Alaska Native Claims Settlement Act by clarifying that undeveloped land received by each Native corporation participant in the exchanges is deemed to be land conveyed under ANCSA; and section 103 will allow the State of Mississippi to pay the Mississippi Choctaw for work already preformed, through a newly established BIA Trust Fund. The final new provision is section 501, the Native American Probate Reform and Technical Amendment, described in more detail below.
Section 501 corrects drafting errors and clarifies and includes new provisions relating to amendments made by the American Indian Probate Reform Act of 2004, AIPRA, and S. 1481, which was enacted into law in December of 2005. One of these provisions is an amendment to 25 U.S.C. 464. In 2004, this section was amended in AIPRA so that it would conform to the new uniform Indian probate code that was the centerpiece of AIPRA; however, after reviewing the various amendments that were made by AIPRA, which was a very complex piece of legislation, we concluded that the AIPRA amendments to 25 U.S.C. 464 was drafted in a way that its execution was unclear. So in the 109th Congress, we attempted to correct this in S. 1481--P.L. 109-157, enacted on December 30, 2005, by restating section 464 as it should have read. Unfortunately, there were drafting errors in S. 1481 that were not picked up prior to its enactment. Accordingly, my substitute amendment includes a new restatement of section 464 correcting these drafting errors and conforming the statute to the new uniform Indian probate code enacted as part of AIPRA. I would like to make the point here that the purpose of the amendments restating section 464, both in S. 1481 and in the current substitute amendment to H.R. 3351, were and are intended to do nothing more than to conform the provisions in that section relating to the devise and inheritance of lands to the new uniform probate code contained in the American Indian Probate Reform Act of 2004. As the author of both S. 1481 and the substitute amendment, I want to make it clear
that neither measure intends to affect any of the other sorts of transactions that might otherwise be subject to section 464 or to affect in any way the application of any other Federal laws that might apply to lands that are covered by section 464.
We are also making clarifying amendments to AIPRA relating to the effective date of its amendments and to its amendments to the ``Applicable Federal Law'' provisions of section 207(g) of the Indian Land Consolidation Act. With respect to the former, the substitute includes technical amendments to the effective date section of AIPRA, section 8(b) of AIPRA, to make it clear that the amendments that were made to 25 U.S.C. 464 and 25 U.S.C. 348 are intended to take effect 1 year after the date on which the Secretary of Interior certified that notice of the AIPRA amendments had been given to Indian country in accordance with AIPRA section 8(a), and that sections 348 and 464, as they read immediately prior to the passage of AIPRA, would continue to apply until the effective date of the new amendments.
Finally, the substitute also makes some minor changes to the wording of section 207(g) of ILCA just to further clarify congressional intent that nothing in ILCA supercedes or affects the application of special laws that relate to specific Indian tribes or the allotted lands of specific tribes.
Mr. President, I rise today to join Senator Alexander in reintroducing the Prematurity Research Expansion and Education for Mothers Who Deliver Infants Early (PREEMIE) Act--legislation intended to…
Mr. President, I rise today to join Senator Alexander in reintroducing the Prematurity Research Expansion and Education for Mothers Who Deliver Infants Early (PREEMIE) Act--legislation intended to address the growing crisis of premature birth in our nation.
I think when many of us hear about a baby being born early, we don't give much thought to what it means. After all, it is not all that uncommon--I'm sure that almost all of my colleagues knows someone born prematurely. Thanks to modem medicine it is also not uncommon for a baby born early to end up healthy and happy.
But this feeling that prematurity is somehow ``normal'' or to be expected masks a growing health crisis. Prematurity has real consequences in health and economic terms. We need to bring to light this issue that affects some of the most vulnerable members of our society: newborn babies.
As a member of the Health, Education, Labor, and Pensions (HELP) Committee I, along with my colleagues, have devoted much time and effort to improving the health of our nation's children and infants. And yet despite our efforts, the problem of prematurity continues to persist and even grow. What is so striking about prematurity is how many parents face these enormous emotional and financial burdens. Nearly 1 out of every 8 babies in the United States is born prematurely--that's 1,300 babies each day, and over 470,000 each year (including more than 4,000 in my home state of Connecticut).
Despite all of the health care advances of the last decades, the problem of prematurity is not in any way abating. According to recent data released by the National Center for Health Statistics, in 2002 the infant mortality rate actually increased for the first time since 1958. Much of this increase is attributable to infant death in the
first month of life--of which prematurity is the leading cause. Since 1981, the premature birth rate has increased by 27 percent. This stands in stark contrast to some of the breathtaking medical discoveries of the past two decades. We can now treat and even cure many types of cancer, but we can't prevent babies from being born too soon.
Mr. President, the consequences of prematurity are devastating. As I mentioned earlier, it is the leading cause of neonatal death--a tragedy that no family should have to face. For those infants that survive, a lifetime of severe health problems is not uncommon. Prematurity has been linked to such long-term health problems as cerebral palsy, mental retardation, chronic lung disease, and vision and hearing loss. Premature babies have the deck stacked against them from the moment they are born. And even in the fortunate cases where there are no life- long health consequences, the experience of a premature birth takes an enormous emotional toll on a family.
Prematurity also carries a significant economic cost. According to a recent study conducted by the March of Dimes, hospitalizations due to prematurity cost a total of $15.5 billion during the year 2002-- accounting for nearly half of all hospital charges for infants in this country. And this number does not even include the cost of care for problems later in life resulting from a premature birth. Much of this cost falls on employers who are already bearing the weight of skyrocketing health care costs.
Given the emotional and economic toll that prematurity takes on this country, we know remarkably little about why it happens, and how it can be prevented. Some of the risk factors associated with preterm birth are known, including advanced age of the mother, smoking, and certain chronic diseases. But nearly 50 percent of all premature births have no known cause. And because we know so little about the causes of prematurity, we also do not know how to prevent it.
For such a large (and growing) problem, it is astounding how little we know. It is critical that we make a national commitment to solving this puzzle. We must do everything we can to expand research--both public and private--into the root causes of prematurity.
Senator Alexander and I are introducing the PREEMIE Act for precisely this reason. Our bill would coordinate and expand research related to prematurity at the Federal level. It would also educate health care providers and the general public about the risks of prematurity, and measures that can be taken before and during pregnancy to prevent it. Pregnant mothers need to know the warning signs and symptoms of premature labor--and they need to know what to do if they begin to notice those signs.
Finally, because we will never eliminate prematurity completely, our legislation would provide support services to families impacted by a premature birth. As we're investigating the causes of prematurity and increasing awareness in expectant parents, we need to reach out to the mothers and fathers across our country whose children are born too soon. We need to give them emotional support during the difficult days, weeks, and months that often follow a premature birth. We need to make sure that the doctors, nurses, and other hospital staff who care for premature babies are sensitive to the needs of their parents, their brothers, and their sisters. And we need to make sure that when the time finally comes to bring a premature baby home, parents have all the information they need to make that transition.
It is my hope that this legislation will complement and support some of the efforts going on in the private sector--such as the March of Dimes ambitious campaign to increase public awareness and reduce the rate of preterm birth. I urge all of my colleagues to join us in support of this important legislation.
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Mr. President, I am proud to come to the floor today to introduce legislation of vital importance to our Nation. Enactment of the Methane Hydrate Research and Development Reauthorization Act of 2005…
Mr. President, I am proud to come to the floor today to introduce legislation of vital importance to our Nation. Enactment of the Methane Hydrate Research and Development Reauthorization Act of 2005
will provide the authorizations necessary to unlock a potentially huge supply of domestic natural gas, enough gas to supply our Nation for generations.
However, before I introduce this legislation, I would first like to thank my good friend and colleague, Senator Akaka, for his dedication to helping address our Nation's energy crisis through legislation that should dramatically increase our domestic supply of environmentally friendly, clean burning natural gas. Without Senator Akaka's hard work and focus on this issue we would not be introducing this legislation today.
Mr. President, our Nation is facing an energy crisis. Oil and natural gas prices are at historic or near historic high levels. Oil prices are over $50 a barrel. Natural gas prices are over $7.00 a MMBtu. Indeed, United States natural gas prices have increased by almost 350 percent since 1998 and are currently the highest in the world. Despite this huge increase in cost, domestic natural gas production has declined by almost 5 percent and Canadian imports have declined by almost 25 percent from 2001 to 2004. Estimates are that during the past 5 years United States natural gas consumers have paid nearly $200 billion more for natural gas than they paid in the preceding 5 years.
These extraordinarily high natural gas prices are having a profound impact on every segment of our economy. Chairman Greenspan identified our current natural gas price and supply situation as a crisis that could have a devastating impact on the United States economy. In fact, estimates are that the natural gas crisis has significantly contributed to the loss of 2.5 million United States manufacturing jobs. Indeed, the ongoing ``demand destruction'' caused by current gas prices with its devastating impact on United States manufacturing will only continue unless we address the current natural gas supply shortage and high prices.
Today, the United States produces about 22 trillion cubic feet of natural gas each year. By 2025, the Energy Information Administration estimates that United States natural gas consumption will reach 31 trillion cubic feet. That's an increase of more than 40 percent. Much of the new electric generation that will come on line during the next two decades will require natural gas according to a study by the American Gas Foundation. Indeed, clean burning natural gas remains the premium fossil fuel for electric power generation.
The EIA estimates that by 2025 the United States will produce only 21.8 trillion cubic feet of natural gas meeting just 70 percent of the Nation's expected demand. Thus, absent securing a new domestic supply of gas, the United States will have to import 30 percent of its natural gas supply. We have already gone down this path with our petroleum supplies. We have witnessed the unacceptable national security, balance of payments and general economic consequences of this level of reliance on foreign sources for our nation's critical supply of oil. We must not repeat this reality with natural gas.
This is why I am proud to introduce the Methane Hydrate Research and Development Reauthorization Act of 2005. As stated in the findings section of the legislation, the National Research Council has estimated the total United States methane hydrate resource base to be on the order of 200,000 trillion cubic feet. Alaska alone is thought to have potential hydrate resources of 32,000 trillion cubic feet. Indeed, a report issued by the National Commission on Energy Policy states that the United States may be endowed with over one-fourth of the methane hydrate deposits in the world. This is an immense supply of secure, domestic energy that could supply our country for many, many years.
The Methane Hydrate Reauthorization Act of 2005 builds upon the success of the original Methane Hydrate Research and Development Act of 2000. The new act incorporates certain changes to the 2000 legislation suggested by the National Research Council of the National Academies and the Department of Energy. The 2000 act established an advisory panel to advise the Secretary of Energy on potential applications of methane hydrate and to assist in developing recommendations and priorities for methane hydrate research and development programs. The new act strengthens the role of the advisory panel to ensure that the research funds are put to their most effective use. The 2005 act also increases the use of a scientific peer review process in determining which projects will be funded. Further, the new legislation directs the funding of fellowships and graduate education and training programs to establish a solid, scientific foundation of expertise in the United States on methane hydrates. Finally, the 2005 act authorizes increased funding for the methane hydrate program. The increased funding is critical in order to allow for the transition from a largely research oriented program to one that will foster the beginning of the commercialization of our Nation's methane hydrate resources.
Again, I thank Senator Akaka and his staff for their hard work and commitment to this legislation that is so important to our nation's future.
Mr. President, I rise today to introduce the Long Term Care Quality and Consumer Information Improvement Act of 2005. Medicare spending for skilled nursing facilities grew rapidly during the late…
Mr. President, I rise today to introduce the Long Term Care Quality and Consumer Information Improvement Act of 2005. Medicare spending for skilled nursing facilities grew rapidly during the late 1980s and 1990s increasing from almost $4 billion in 1992 to $12.9 billion in 1997. While spending has increased under Medicare, there has not been an effort to reward skilled nursing facilities that have provided exceptional care to seniors.
The bill I am introducing today with my colleague from Oregon, Senator Wyden, will establish a system to reward skilled nursing facilities that provide exceptional care. We should take steps to ensure that skilled nursing facilities that are providing the best care be rewarded. We must also create incentives for other facilities to strive to provide excellent care.
The Long Term Care Quality and Consumer Information Improvement Act of 2005 directs the Secretary of Health and Human Services to establish 10 to 15 quality measures for skilled nursing facilities. While establishing these measures, the Secretary must consult with residents of skilled nursing facilities, patient advocacy organizations, state regulatory representatives, representatives from the skilled nursing facility industry and quality measure experts. The quality ratings for the facilities will then be published on the Centers for Medicare and Medicaid Services' website and published in newspapers with a national circulation.
The quality measures created by this bill will be used as an incentive for facilities to provide excellent care. Skilled nursing facilities that submit data shall receive a full market basket update and starting in fiscal year 2006 skilled nursing facilities that are in the top 10 percent of facilities will receive a 2 percent payment bonus. Skilled nursing facilities that are below the top 10 percent, but within the top 20 percent shall receive a one percent payment bonus.
The increased public disclosure of facility-specific quality data and the financial incentives included in this bill will spur competition and improved performance in skilled nursing facilities. I believe that we need to help the 77 million elderly and disabled Americans who are in nursing homes by making sure they receive the highest quality care possible.
Mr. President, I look forward to working with my fellow Senators and with the chairman of the Finance Committee on this important bill in the upcoming months, and I urge my colleagues to join us in support of this legislation.
Mr. Wyden. Mr. President, I rise to discuss a bill I am introducing today, ``The Long Term Care Quality and Consumer Information Act''.
As we begin discussions on how to assure that we reward quality health care, I believe we need to include long term care as part of that discussion. Nursing homes sever some of the most vulnerable among us, and assuring quality of care is encouraged and rewarded is important. I hope that this bill will spark a serious debate about how we pay for quality care. This proposal establishes a voluntary system under which nursing homes providing better quality of care would receive higher payment and in turn would provide more information about the quality of care provided. Information would include nurse staffing ratios and would be made public to consumers and their families.
Historically, Americans have been paying the same for quality health care as for mediocre care. Efforts have been made by some in the private sector to better recognize and provide incentives for those providers who consistently provide a higher level of care. The Institute of Medicine in its report ``Leading by Example,'' declared the government should take the lead in improving health care by giving financial rewards to hospitals and doctors who improve care for beneficiaries in six Federal programs, including Medicare and Medicaid and the Veterans Health Administration. The IOM report also said the government should collect and make available to the public data comparing
the quality of care among poviders. The Centers for Medicare and Medicaid Services has begun pilot programs. I think nursing homes should also be an area in which we explore payment policies that regard those providing a higher quality of care.
I look forward to continuing the discussion with all stakeholders about these concepts so we can assure a high level of care and find ways to help providers improve the level of care they provide.
Mr. President, today I rise with my colleague, Senator Jack Reed, to reintroduce the Services for Ending Long-Term Homelessness Act. I would like to thank Senator Reed for his support in introducing…
Mr. President, today I rise with my colleague, Senator Jack Reed, to reintroduce the Services for Ending Long-Term Homelessness Act. I would like to thank Senator Reed for his support in introducing this bill and for his dedication and commitment to this issue. I also would like to thank Senator Burr for his work on this bill. Senator Burr introduced a similar version of this bill when he was a member of the House of Representatives. I appreciate his support and the support of Senator Dodd, as well. Both are co-sponsors of this legislation.
The chronically homeless represent about 10 percent of the entire homeless population, but consume a majority of the services. There are approximately 200,000 to 250,000 people who experience chronic homelessness. Those numbers include the heads of families, as well.
Tragically, for these individuals, the periods of homelessness are measured in years--not weeks or months. They tend to have disabling health and behavioral health problems: 40 percent have substance abuse disorders, 25 percent have a physical disability, and 20 percent have serious mental illness. These factors often contribute to a person becoming homeless, in the first place, and are certainly an impediment to overcoming it.
The President has set a goal of ending chronic homelessness in 10 years. The President's New Freedom Commission on Mental Health, chaired by the Ohio Department of Mental Health Director, Mike Hogan, recommended that a comprehensive program be created to facilitate access to permanent supportive housing for individuals and families who are chronically homeless. This recommendation is so important because affordable housing, alone, is not enough for this hard to reach group. And, temporary shelter-housing does not provide the stability and services needed to provide long-term positive outcomes. Only supportive housing, where the chronically homeless can receive shelter and services, such as mental health and substance abuse treatment, has been effective in decreasing their chances of returning to the streets and increasing their chances for leading productive lives.
Not only is it right to help this group of hard to reach individuals, but it is also fiscally responsible. This group is one of the most expensive groups to serve. As I mentioned previously, they represent 10 percent of the overall homeless population, however, they consume a majority of homeless services. They consume the most emergency housing and health care services, which are also the most costly to provide. By encouraging supportive housing, we are providing the services necessary for these individuals and families to really get back on their feet. We can either continue to provide expensive emergency services to these needy people or we can give them the right kind of help--the type of help they need for their long-term well-being and the long-term well- being of our communities.
Unfortunately, current programs for funding services in permanent supportive housing, other than those administered by the Department of Housing and Urban Development, were not designed to be coordinated with housing programs. These programs also were not designed to meet the challenging needs of this specific subgroup of the homeless. That is why the bill we are introducing today would provide the authorization to fund services for supportive housing by providing grants which can be used with existing programs through HUD and state and local communities.
Our bill also would encourage those who provide services to the chronically homeless, such as SAMHSA within the Department of Health and Human Services, to work with and coordinate their efforts with those who provide the physical housing, such as HUD. Under the current administration, these two departments have started to truly coordinate their efforts, and this bill would encourage and support that continued collaboration.
This is a good bill, Mr. President, and it could make a real difference in the lives of so many individuals in need. I ask my colleagues to join us in support.
I ask unanimous consent that the text of my bill be printed in the Record.
Mr. President, it is with great pleasure that I join my colleagues Senators Bunning, Johnson and Talent today in introducing legislation that will repeal the special occupational tax on taxpayers who…
Mr. President, it is with great pleasure that I join my colleagues Senators Bunning, Johnson and Talent today in introducing legislation that will repeal the special occupational tax on taxpayers who manufacture, distribute, and sell alcoholic beverages.
The special occupational tax is not a tax on alcoholic products, but rather operates as a license fee on businesses. The tax is imposed on those engaged in the business of selling alcohol beverages. Believe it or not, this tax was originally established to help finance the Civil War. That war is over, and this inequitable tax has outlived its original purpose. Repealing the SOT will also simplify the tax code for thousands of small businesses.
The SOT on alcohol dramatically increased during the budget process in 1988 and has unfairly burdened business owners across the country since. From Thompson Falls to Sidney, from Chinook to Billings, small businesses are burdened with yet another tax in the form of the SOT. According to the Alcohol and Tobacco, Tax and Trade Bureau, there are 426,193 locations nationwide that pay the SOT every year, including 399,657 retailers. These retail establishments account for $99 million out of $103 million collected in SOT revenues.
In Montana, there are 2,969 locations which together pay nearly $1 million in the SOT every year. Seasonal resorts in Whitefish and Yellowstone, ``mom and pop'' convenience stores in Butte, and bowling alleys, flower shops, and restaurants across Montana, and the United States, pay the Federal Government over $100 million per year for the privilege of running businesses that sell beer, wine, or alcoholic beverages.
The SOT is extremely regressive. Retailers must annually pay $250 per location; wholesalers pay $500; vintners and distillers pay $1,000. Because the SOT is levied on a per location basis, a sole proprietorship must pay the same amount as one of the nation's largest retailers, and locally-owned chains having to pay per location, would have to pay as much as, if not more than, the nation's largest single site brewery. This is not what Congress had in mind 150 years ago, and I don't believe it's a situation we want today.
Repealing the SOT on alcohol is supported by a broad-based group of business organizations and enjoys wide-spread bipartisan support on Capitol Hill. Last year, we made progress in ending this burdensome tax on small businesses. We repealed the tax for three years. More can be done. Business owners across the United States deserve assurance that they won't be hit with this antiquated tax down the line.
The legislation preserves the TTB's record-keeping requirements, while removing the agency's enforcement burden, and will save over $2 million per year. The GAO examined SOT efficacy several times, and found it fundamentally flawed. The Joint Committee on Taxation called for the elimination of SOT in its June 2001 simplification study.
More than 90 percent of all SOT revenue comes from retailers--a great majority of those are small businesses. Our small business sector is a great strength of our economy. President Bush has said that the best way to encourage job growth is to let small businesses keep more of their own money, so they can invest in their business and make it easier for somebody to find work. Repealing the SOT would provide an immediate and visible tax cut to small business owners.
In recent months, there has been much talk of tax reform inside the beltway. President Bush has made tax reform one of his key priorities and established a panel that will make recommendations to the Department of Treasury for a better tax system. Getting rid of a tax that has outlived its original purpose is one small step toward reform that makes sense for Montana and our country. We urge our colleagues to join us in this endeavor.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the Higher Education Opportunity Through Pell Grant Expansion Act of 2005, or HOPE Act. Right now, in schools, playgrounds, and backyards across America,…
Mr. President, I rise today to introduce the Higher Education Opportunity Through Pell Grant Expansion Act of 2005, or HOPE Act.
Right now, in schools, playgrounds, and backyards across America, children are dreaming about what they want to be when they grow up. As tomorrow's astronauts, doctors, and teachers dream about their futures, their parents know that so many of those dreams are dependent on a college diploma.
The families I have met in Illinois are worried that they might not be able to give their kids a chance at that diploma. Everywhere I go, I hear the same story: we work hard, we pay our bills, we cut corners, and we put away savings, but we just don't know if it is going to be enough when the tuition bill comes in the mail.
The facts and statistics are not encouraging. College tuition is rising at a stunning rate of almost 10 percent a year, and over the last 25 years it is gone up an astounding 519 percent. Because of these rising prices, over 200,000 students were priced out of a college education last year.
In a country with so much wealth and opportunity for education, it is difficult to imagine there are parents who are forced to say to their kids: ``We're sorry. We can't afford to send you to college.'' None of us in the Senate should rest until those parents can start saying ``yes'' to their kids.
This bill would start us down that path by increasing access to Pell grants. Today, these need-based awards are used by 5.3 million undergraduate students to fund their education. Unfortunately, the awards just haven't kept up with the rising price of tuition or even inflation. As a result, the current $4,050 Pell grant maximum is $700 less in real terms than the maximum grant 30 years ago. Pell grants now cover only 23 percent of the total cost of the average 4-year public college.
The HOPE Act would correct this problem by raising the Pell grant maximum to $5,100, and it would continue to raise this maximum in future years to keep up with inflation. The bill also would make sure that no student sees a reduction in Pell grant assistance due to recent changes in the eligibility formula.
Because working families are already burdened with too many taxes, this bill would not add to the deficit or raise a dime of taxes. Instead, it will close two loopholes that guarantee banks and private lenders an additional $2 billion in taxpayer subsidies every year on top of the interest that college students and their families are already paying on their loans. In a country where 200,000 students were priced out of college last year, our tax dollars shouldn't be spent subsidizing banks that are already making record profits.
When our children dream about their future, they need to know those dreams are within their reach. A college education forms the foundation of the opportunity society that will keep this country strong and growing in the 21st century. I know we can work together to get this done, and I look forward to doing so.
I urge my colleagues to support the HOPE Act.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, today I am reintroducing the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act, or PREEMIE Act. This bipartisan bill expands research into the…
Mr. President, today I am reintroducing the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act, or PREEMIE Act. This bipartisan bill expands research into the causes and prevention of prematurity, babies born 3 weeks or more early, and increases education and support services related to prematurity. I am pleased that Senator Dodd is once again my partner on this legislation and we hope the Senate will pass the PREEMIE Act in this Congress.
In June 2004, the Subcommittee on Children and Families, which I chaired, held a hearing to learn about the problem of premature birth. Unfortunately, Tennessee has the fourth highest rate of premature birth in the country. Fourteen percent of Tennessee babies are born prematurely. In an average week in Tennessee, 210 babies are born prematurely. Premature infants are 14 times more likely to die in the first year of life. It is the No. 1 cause of infant death in the first month of life. Premature babies who survive may suffer lifelong consequences including: cerebral palsy, mental retardation, chronic lung disease, and vision and hearing loss.
In February 2004, the National Center for Health Statistics, NCHS, reported the first increase in the U.S. infant mortality rate since 1958, from 6.8 infant deaths per 1,000 live births in 2001 to 7.0 in 2000. This increase is extremely disturbing because the infant mortality rate is a measure of the health of society. NCHS subsequently reported that 61 percent of this increase in infant mortality was due to an increase in the birth of premature and low birthweight babies. Almost half the cases of premature birth have no known cause--any pregnant woman is at risk. We must address this issue.
Finally, this is a costly problem. In 2002, the estimated charges for hospital stays for infants with a diagnosis of preterm birth or low birthweight, LBW, were $15.5 billion. The average hospital charge per infant stay with a principal diagnosis of prematurity/LBW was $79,000, with an average hospital stay of 24.2 days. Hospital charges for newborn stays without complications averaged $1,500 in 2002, with an average hospital stay of 2.0 days. Employers carry much of the burden. Almost half of that $15.5 billion was billed to employers or other private insurers, according to the March of Dimes. The other half is billed to Medicaid.
As a nation, we must address this problem. The PREEMIE Act calls for expanding Federal research related to preterm labor and delivery and increasing public and provider education and support services. It is supported by the March of Dimes, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the Association of Women's Health, Obstetric and Neonatal Nurses, and many others.
I hope my colleagues will join me in the fight to ensure a healthy start for all of American's children by cosponsoring and working with me for passage of the PREEMIE Act during this Congress.
Mr. President, I join with my colleagues, Senators DeWine, Dodd and Burr to introduce the Services for Ending Long-Term Homelessness Act, (SELHA). It is estimated that two to three million Americans…
Mr. President, I join with my colleagues, Senators DeWine, Dodd and Burr to introduce the Services for Ending Long-Term Homelessness Act, (SELHA).
It is estimated that two to three million Americans experience a period of homelessness in a given year. While the majority of these individuals find themselves homeless for a brief period of time, a growing segment are experiencing prolonged periods of homelessness. Roughly 200,000 to 250,000 Americans fall under the category of chronically homeless.
In March 2003, former Department of Health and Human Services Secretary Tommy Thompson issued a report from a work group and an interagency subcommittee that was assembled to define the issues and challenges facing the chronically homeless and develop a comprehensive approach to bringing the appropriate services and treatments to this population of individuals who typically fall outside of mainstream support programs.
Similarly, the President's New Freedom Commission on Mental Health recommended the development of a comprehensive plan to facilitate access to permanent supportive housing for individuals and families who are chronically homeless. However, affordable housing, alone, is not enough for many chronically homeless to achieve stability. This population also needs flexible, mobile, and individualized support services to sustain them in housing.
The legislation we are introducing today is critical to the development and implementation of more effective strategies to combat chronic homelessness through improved service delivery and coordination across Federal agencies serving this population. It directs the Substance Abuse and Mental Health Services Administration to coordinate their efforts not only with the Department of Housing and Urban Development, but with other Federal departments and the various agencies within the Department of Health and Human Services that provide supportive services.
Mr. President, SELHA is an important bipartisan measure which will help to ensure that the growing number of Americans experiencing chronic homelessness have access to the range of supportive services they need to get them back on their feet, living in permanent supportive housing and taking the steps necessary to become productive and active members of our communities again.
I look forward to working with my colleagues toward expeditious passage of this legislation.
Mr. President, I ask unanimous consent that the Committee on Indian Affairs be discharged from further consideration of H.R. 3351 and the Senate proceed to its immediate consideration. Mr. President,…
Mr. President, I ask unanimous consent that the Committee on Indian Affairs be discharged from further consideration of H.R. 3351 and the Senate proceed to its immediate consideration.
Mr. President, I ask unanimous consent that the committee substitute at the desk be agreed to, the bill, as amended, be read a third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record.
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I now ask unanimous consent that the Indian Affairs Committee be discharged and the Senate proceed to the en bloc consideration of H.R. 794, S. 706, and S. 279. I ask unanimous consent that the…
I now ask unanimous consent that the Indian Affairs Committee be discharged and the Senate proceed to the en bloc consideration of H.R. 794, S. 706, and S. 279.
I ask unanimous consent that the amendment to S. 279 be agreed to, the bills, as amended, if amended, be read a third time and passed, and the motions to reconsider be laid on the table en bloc.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Bill Text
3 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 706 Referred in House (RFH)]
109th CONGRESS
1st Session
S. 706
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2005
Referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
AN ACT
To convey all right, title, and interest of the United States in and to
the land described in this Act to the Secretary of the Interior for the
Prairie Island Indian Community in Minnesota.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prairie Island Land Conveyance Act
of 2005''.
SEC. 2. PRAIRIE ISLAND LAND CONVEYANCE.
(a) In General.--The Secretary of the Army shall convey all right,
title, and interest of the United States in and to the land described
in subsection (b), including all improvements, cultural resources, and
sites on the land, subject to the flowage and sloughing easement
described in subsection (d) and to the conditions stated in subsection
(f), to the Secretary of the Interior, to be--
(1) held in trust by the United States for the benefit of
the Prairie Island Indian Community in Minnesota; and
(2) included in the Prairie Island Indian Community
Reservation in Goodhue County, Minnesota.
(b) Land Description.--The land to be conveyed under subsection (a)
is the approximately 1290 acres of land associated with the Lock and
Dam #3 on the Mississippi River in Goodhue County, Minnesota, located
in tracts identified as GO-251, GO-252, GO-271, GO-277, GO-278, GO-284,
GO-301 through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, GO-
331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, GO-335B, GO-
336 through GO-338, GO-339A, GO-339B, GO-339C, GO-339D, GO-339E, GO-
340A, GO-340B, GO-358, GO-359A, GO-359B, GO-359C, GO-359D, and GO-360,
as depicted on the map entitled ``United States Army Corps of Engineers
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
(c) Boundary Survey.--Not later than 5 years after the date of
conveyance under subsection (a), the boundaries of the land conveyed
shall be surveyed as provided in section 2115 of the Revised Statutes
(25 U.S.C. 176).
(d) Easement.--
(1) In general.--The Corps of Engineers shall retain a
flowage and sloughing easement for the purpose of navigation
and purposes relating to the Lock and Dam No. 3 project over
the portion of the land described in subsection (b) that lies
below the elevation of 676.0.
(2) Inclusions.--The easement retained under paragraph (1)
includes--
(A) the perpetual right to overflow, flood, and
submerge property as the District Engineer determines
to be necessary in connection with the operation and
maintenance of the Mississippi River Navigation
Project; and
(B) the continuing right to clear and remove any
brush, debris, or natural obstructions that, in the
opinion of the District Engineer, may be detrimental to
the project.
(e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in this
section diminishes or otherwise affects the title of the State of
Minnesota to the bed of Sturgeon Lake located within the tracts of land
described in subsection (b).
(f) Conditions.--The conveyance under subsection (a) is subject to
the conditions that the Prairie Island Indian Community shall not--
(1) use the conveyed land for human habitation;
(2) construct any structure on the land without the written
approval of the District Engineer; or
(3) conduct gaming (within the meaning of section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
(g) No Effect on Eligibility for Certain Projects.--Notwithstanding
the conveyance under subsection (a), the land shall continue to be
eligible for environmental management planning and other recreational
or natural resource development projects on the same basis as before
the conveyance.
(h) Effect of Section.--Nothing in this section diminishes or
otherwise affects the rights granted to the United States pursuant to
letters of July 23, 1937, and November 20, 1937, from the Secretary of
the Interior to the Secretary of War and the letters of the Secretary
of War in response to the Secretary of the Interior dated August 18,
1937, and November 27, 1937, under which the Secretary of the Interior
granted certain rights to the Corps of Engineers to overflow the
portions of Tracts A, B, and C that lie within the Mississippi River 9-
Foot Channel Project boundary and as more particularly shown and
depicted on the map entitled ``United States Army Corps of Engineers
survey map of the Upper Mississippi River 9-Foot Project, Lock & Dam
No. 3 (Red Wing), Land & Flowage Rights'' and dated December 1936.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.