Critical Access Flexibility Act of 2009

Madam President, today, the Senate can be very proud of a very significant accomplishment for the enjoyment and protection of wilderness areas, historical sites, national parks, forests, trails and scenic rivers. Collectively, this is one of the most sweeping conservation bills the Senate has passed in many years.

This bill has been through many twists and turns over the last year. But today's successful vote could not have been possible without the tenacity and dedication of the Majority Leader.

I thank the majority leader for his steadfast support and dedication to seeing that these important public land priorities become law.

There are a number my bills in this omnibus lands package that I would like to speak to.

First, the Ice Age Floods National Geologic Trail Designation Act. This bill will create a National Park Service trail to celebrate the remarkable geologic history of the Pacific Northwest region. This bill has enjoyed regional, bipartisan support. I would like to thank Senators Murray, Wyden, Crapo, and my former colleagues Senators Smith and Craig for working with me on this legislation.

There are too many people to thank by name but I want to acknowledge the dedication of the Ice Age Floods Institute, particularly its President, Gary Kleinknecht, who has worked tirelessly to educate our country on the significance of the Ice Age Floods Geologic Trail.

In many ways, the members of the Institute serve as the proteges of people like University of Washington professor J. Harlan Bretz and USGS geologist Joseph Pardee, who fought to make credible their hypothesis about the historic existence of the Ice Age Floods.

This is a wonderful day for many communities, scientists, and Ice Age Floods enthusiasts throughout the Pacific Northwest, and for tourism and geologic education.

The Ice Age Floods Institute has promoted the development of an Ice Age Floods National Geologic Trail for over 12 years. With the growing interest and enthusiasm for this concept, this Geologic Trail is a long time coming. The story of the Ice Age Floods is a truly amazing story of the forces of nature and their impact on our lives.

When geologists first saw the vast Columbia Basin in eastern Washington, they recognized that glaciers and flowing water had played a large part in shaping the extraordinary landscape, with its canyons, buttes, dry cataracts, boulder fields, and gravel bars.

During the last Ice Age, some 13,000 to 18,000 years ago, an ice cap covered almost all of Canada and extended down across much of the Pacific Northwest. In Idaho, a 2,000-foot-high glacier backed water up in western Montana until it formed Glacial Lake Missoula, totaling 530 cubic miles or more than Lakes Erie and Ontario combined.

When Glacial Lake Missoula deepened enough, the sheer force of the backed up water undermined the glacial ice dam, and the ice give way in a cracking explosion. The huge lake was released all at once.

When the dam broke, a towering mass of water and ice was released and swept across parts of Idaho, Washington, and Oregon on its way to the ocean.

The peak rate of flow was ten times the combined flow of all the rivers of the world. The huge lake may have emptied in as little as 2 or 3 days.

Geologists at the University of Washington counted 89 floods without reaching bottom, leading to present-day estimates of up to 100 catastrophic water releases.

The glacial ice dam would break, sparking cataclysmic floods, fresh ice would eventually flow from Canada to once more create an ice dam and Lake Missoula, and the cycle would be repeated every 50 years or so. It ended only with the melting of the continental ice cap.

These epic floods fundamentally changed the geography and way of life in the Pacific Northwest. The coulees, buttes, boulder fields, lakes, ridges and gravel bars they left behind still define the unique landscape of our State and our region today.

These floods are a remarkable part of our natural heritage. They have profoundly affected the geography and ways of life in the region but have remained largely unknown to the general public.

The legacy of the floods includes not only stark scabland and dramatic dry coulees and cataracts, but also exceptionally fertile, productive farmland, and significant wetlands and aquifers.

Creating a National Park Service trail to recognize and celebrate how these floods literally shaped the face of our state will provide an unparalleled educational resource for Washingtonians and visitors from across the country.

It will also spur economic development and create jobs in local communities across eastern and central Washington.

I appreciate the Senate's attention to this bill that will help educate and interpret one of the largest flooding events known to science.

To date, more than 30 entities spanning State and local governments, chambers of commerce, and other civic and community organization support creation of the trail concept.

This Omnibus Public Land Management Act of 2009 also includes my Snoqualmie Pass Land Conveyance Act. This hill would transfer an acre and a half of Forest Service land to the Snoqualmie Pass fire district to help them build a new fire station.

I specifically thank the fire district commissioner Chris Caviezel for working so hard on behalf of the people at Snoqualmie Pass and providing top rate emergency services at one of the most traveled mountain passes in the country.

During our recent winter storms, which brought several feet of snow, following by pounding rain and massive land slides at the Pass, Chris has been on the front lines providing tireless and dedicated round the clock public service to keep Snoqualmie Pass safe.

The Snoqualmie Pass Fire Department serves a portion of two counties on both sides of the Cascade Mountains along Interstate 90, a community of 350 full-time residents that peaks to 1,500 during the ski season.

Additionally, the ski area estimates 20,000 patrons on a busy weekend, and the Department of Transportation estimates that up to 60,000 vehicles travel through the fire district on a busy day, making it the busiest mountain highway in the country.

This area is also the major transportation corridor for goods and services between eastern and western Washington. The all-volunteer fire department averages over 300 calls a year with about a 10 percent annual increase in call volumes, which is more than triple the amount of calls a typical all-volunteer fire department would respond to in a year.

Eighty-four percent of those incidents are for nontax paying residents. Consequently, the fire department has the characteristics of a large city with the limited resources of a small community.

In recent years, this area has been the scene of major winter snowstorms, multi-vehicle accidents, and even avalanches.

The fire district is often the first responder to incidents in the area, which is prone to rock slides and avalanches and it is not uncommon for this community to be isolated for hours or even days at a time.

Several thousand people can be stranded at the pass during those periods when the Pass is closed and while the Department of Transportation works quickly to get the roads back open, it can be very taxing on local resources.

For decades, the fire district has been leasing its current site from the Forest Service. They operate out of an aging building that was not designed to be a fire station.

Through their hard work and dedication, they have served their community ably despite this building's many shortcomings. However, with traffic on the rise and the need for emergency services in the area growing, the fire district needs to move to a true fire station.

The fire district has identified a nearby site that would better serve the public safety needs at the pass. This location would provide easy access to the interstate in either direction, reducing emergency response times.

The parcel is on Forest Service property, immediately adjacent to a freeway interchange, between a frontage road and the interstate itself. The parcel was formerly a disposal site during construction of the freeway and is now a gravel lot.

It is my understanding that there are offers of support to construct a new fire station from State and local officials, and to mitigate any effects of construction, and I support those efforts.

I appreciate the efforts of Senator Murray and my colleagues on the Energy and Natural Resources Committee to review this issue and bring this bill forward. I look forward to continuing to work with the community at the pass and my colleagues to improve public safety in the area.

This Omnibus Public Land Management Act of 2009 also includes my Pacific Northwest National Scenic Trail Act. This bill would designate the Pacific Northwest trail a national scenic trail.

The Pacific Northwest is home to some of the most pristine and breathtaking scenery this country has to offer--from vast patches of forest and steep, snow capped mountain ranges to sandy beaches, rocky ocean coast, and green pastures.

The Pacific Northwest Trail, zigzagging from the Continental Divide to the Pacific Coast, offers all of these spectacular views. The Pacific Northwest Trail, running from the Continental Divide to the Pacific Coast, is 1,200 miles long and ranks among the most scenic trails in the world.

This carefully chosen path runs through the Rocky Mountains, Selkirk Mountains, Pasayten Wilderness, North Cascades, Olympic Mountains, and Wilderness Coast. From beginning to end it passes through three States, crosses three national parks, and winds through seven national forests.

And designating the Pacific Northwest trail a national scenic trail will give it the proper recognition, bring benefits to neighboring rural communities, and promote its protection, development, and maintenance.

In 1980, the National Park Service and the Forest Service completed a feasibility study of the proposed Pacific Northwest trail. And the study concluded that the Pacific Northwest trail has the scenic and recreational qualities needed for designation as a national scenic trail.

Today, approximately 950 miles of the Pacific Northwest trail are completed and provide significant outdoor recreational experiences to citizens and visitors of the United States.

With more recognition and more people from all over the country ``putting on their hiking boots,'' the trail will receive more eligibility for grants funding and increased attention, which in turn will result in increased use and more economic activity in rural areas.

National scenic trails provide recreation, conservation, and enjoyment of significant scenic, historic, natural, and cultural qualities. The Pacific Northwest trail is a national prize and should be recognized as such.

This Omnibus Public Land Management Act of 2009 also includes my wildland firefighter safety legislation. This legislation will improve accountability and transparency in wildland firefighter safety training programs. Wildland firefighting and the safety of wildland firefighters is vitally important to our brave men and women who battle these blazes, and for the communities that depend on them.

When wildfires do occur we rely on courageous men and women to protect our communities and natural resources. Every summer, we send thousands of brave firefighters into harm's way to protect our Nation's rural communities and public lands.

Of course, fighting fires is inherently dangerous. But we must not abide preventable deaths: We must not lose firefighters simply because rules are broken, policies are ignored, and no one is held accountable.

Six years ago, Washington State suffered a horrible tragedy. On July 10, 2001, near Winthrop in Okanogan County, during the second worst drought in Washington history, the Thirtymile fire burned out of control and four courageous firefighters died. Sadly, subsequent investigations revealed that they didn't have to die. The Forest Service has said the tragedy ``could have been prevented.''

Since then, the courage of the Thirtymile families, standing up and demanding change, has had a positive impact on the safety of our wildland firefighters. But we must do much more.

Through training and certification we can lower the risk to the brave men and women who protect our forests and communities. It's critical that Congress is actively engaged to ensure this happens.

An inspector general's report released in March 2006 found problems in the Forest Service's oversight of contracting firefighting crews. Hundreds are contracted by the Forest Service and State agencies every year to fight fires. Roughly one-third of the records it sampled showed that fire fighters' qualification standards had not been met. Too many have been dispatched to fight fires without the necessary preparation.

This is not new. A 2003 Seattle Times report cited an internal Forest Service memo identifying the lack of accountability in the contract firefighting program. A 2004 GAO report found that insufficiently trained contract crews hampered firefighting efforts. And a 2004 IG audit found that at the time the Forest Service could not monitor the certification of more than 80 percent of its own firefighters. That is unacceptable.

This legislation is a very modest yet important proposal. The Senate has already passed it once as an amendment to the 2003 healthy forests legislation, but sadly, it was not included in the conference version of the bill.

It is clear: this bill's provisions are still a necessary tool to ensure that Congress and Federal wildland firefighting agencies are as proactive as possible in protecting the lives of wildland firefighters.

First, the Wildland Firefighter Safety and Transparency Act requires the Secretaries of Agriculture and Interior to track the funds they spend on firefighter safety and training. Congress and taxpayers deserve to know whether and how Federal funds are being spent to ensure the safety of firefighters.

Improved accountability means improved safety: I hope the Forest Service will agree to track its funds as part of the administration's annual budget request.

Second, my legislation requires the Secretaries to report to Congress annually on their departments' safety and training programs. We need to monitor Federal firefighting agencies and ensure commitments to reform are being acted upon. An annual check-in on safety programs from Congress is essential to making that happen.

Finally, my bill would require the Forest Service to ensure that private firefighting crews working under federal contracts receive training consistent with their Federal counterparts. This is critical not only to protect those private crews but also to safeguard the Federal, State and tribal employees who stand shoulder-to-shoulder with the contractors on the fire line.

And so we have an obligation to protect and prepare the brave firefighters we send into harm's way. I look forward to working with my House colleagues on approving this legislation.

All of this could not have been accomplished without the strong support and hard work and dedication of the majority leader and I thank the leader for successfully moving these priorities.

Madam President, today I rise to express my support for S. 22, the Omnibus Public Land Management Act of 2009. I commend Chairman Bingaman and former Ranking Member Domenici of the Senate Committee on Energy and Natural Resources for their leadership and their staff for their dedication during the previous Congress to move this important legislation forward. While we were unable to vote on this package last year, it is time that we pass these bills. During these times of economic downturn, our national parks and public lands are some of the few affordable recreational opportunities available to the American people.

This legislation is a bipartisan package of more than 160 individual bills, and incorporates a wide range of public land measures that impact various regions of our Nation. All of the bills included in the package have been thoroughly reviewed and favorably reported by the Senate Committee on Energy and Natural Resources during the 110th Congress. By utilizing, to the full extent, the committee vetting process that includes acquiring testimonies from Federal agencies, stakeholders, and members of the public, concerns were addressed and bills were amended, as needed. In addition to the Senate committee's approval, many of these measures were passed by the House of Representatives last Congress.

As chairman of the National Parks Subcommittee, I had the opportunity to hold hearings on a number of the bills included in this package. This legislation includes many important provisions for protecting and preserving America's national parks and enhancing the experiences to be gained by park visitors. Today, I wish to highlight four provisions that I sponsored during the 110th Congress: H.R. 3332, the Kalaupapa Memorial Act; S. 1728, Na Hoa Pili O Kaloko-Honokohau Advisory Commission Reauthorization Act; S. 2220, Outdoor Recreation Act of 1963 Amendments Act; and S. 320, the Paleontological Resource Preservation Act. In addition, I appreciate the inclusion of S. 1680, the Izembek and Alaska Peninsula Refuge Enhancement Act of 2008. This provision addresses the needs of a rural and indigenous Alaska Native community.

The first three of these provisions are particularly meaningful as they acknowledge the historical contributions and preserve Hawaii's unique heritage for future generations. The remembrance and revitalization of our culture, heritage, and natural resources are an essential way to build upon the values and traditions of our past and move forward into the future. I am proud that the people of Hawaii, through partnerships at the State and

Federal levels, have embraced this opportunity. These efforts perpetuate a legacy to be embraced by not only the people of Hawaii, but a legacy to be shared with people across this Nation. I am confident that these measures which I sponsored will enable continued good work and progress in promoting and protecting the natural and cultural resources of my home State.

The Kalaupapa Memorial Act would authorize a memorial to be established at Kalaupapa National Historical Park in Hawaii. This long overdue memorial will honor and perpetuate the memory of those Hansen's disease patients who were forcibly relocated to the Kalaupapa community, which is located on a remote peninsula on the Island of Molokai.

For over 100 years, from 1866 to 1969, Kalaupapa was a colony on the Hawaiian island of Molokai where patients with Hansen's disease, also known as leprosy, were forced to live. These individuals were directed to live there by the Hawaiian and, later, the American Governments in the belief that leprosy was rampantly contagious and that isolation was the only effective means of controlling the disease. In 1865, acting on the counsel of his American and European advisers, Lot Kamehameha, the Hawaiian King, signed into law ``An Act to Prevent the Spread of Leprosy,'' which criminalized the disease. In the ensuing 103 years, men, women, and children of all ages--including those who were mistakenly believed to have leprosy--were captured and forcibly exiled to the brutal northern coast of Molokai, chosen due to its isolated and inaccessible location.

Ultimately, more than 8,000 people were sent to Kalaupapa, of which only about 1,300 graves have been identified. Most of those patients who were sent to Kalaupapa before 1900 have no marked graves. Others were buried in places marked with a cross or a bare tombstone, but those markers have seen great deterioration over time. As a result, there are many family members and descendants of these residents who cannot find the graves of their loved ones and are unable to properly honor and pay tribute to them.

This measure would authorize a nonprofit organization consisting of Kalaupapa residents and their families and friends, and known as ``Ka `Ohana O Kalaupapa,'' to establish a memorial at a suitable location in the park to honor the memory of the 8,000 residents who lived at the Kalaupapa and Kalawao communities. This monument will provide closure and a sense of belonging to these many family members, who have no knowledge of their ancestors' whereabouts. Through this monument, the Hansen's disease patients will forever be memorialized as having been a part of the history of Kalaupapa.

The Na Hoa Pili O Kaloko-Honokohau Advisory Commission Act would reauthorize the Advisory Commission for Kaloko-Honokohau National Historical Park through 2018. Kaloko-Honokohau National Historical Park, located on the western coast of the Island of Hawaii, was established in 1978 to provide for the preservation, interpretation, and perpetuation of traditional Native Hawaiian activities and culture; to demonstrate historic land use patterns; and to provide for the education, enjoyment, and appreciation of traditional Native Hawaiian activities and culture. This Advisory Commission advises the National Park Service on historical, archaeological, cultural, and interpretive programs for the park and serves as a living resource for the education, enjoyment, and understanding of traditional Hawaiian culture and activities. This legislation would extend the Advisory Commission through the end of 2018.

The Outdoor Recreation Act of 1963 Amendments Act seeks to authorize $500,000 in funds for fiscal years 2008 through 2017 to the National Tropical Botanical Gardens. The measure will authorize appropriations to the corporation governing the Botanical Gardens for operation and maintenance expenses. These funds will contribute towards the private donations that the Botanical Gardens already raises to support its annual operating budget of over $10 million.

The National Tropical Botanical Gardens is a private charitable corporation, chartered by legislation that was enacted in 1964 to foster horticultural research, education, and plant preservation. Its congressional charter mandates the Botanical Gardens to preserve, for the people of the United States, species of tropical plant life threatened with extinction.

Conservation is one of the National Tropical Botanical Garden's key roles. This role has become even more critical as tropical plant species continue to become extinct at a disturbing rate. As many as one-third of the remaining global plant species are considered at risk of extinction. Since 1976, the National Tropical Botanical Gardens has recognized and worked with urgency to preserve and cultivate native Hawaiian plants, and has made its program of preserving Hawaii's endangered and threatened flora a matter of the highest priority.

The unique flora of 1,300 species that has evolved over millions of years in Hawaii represents a significant resource to the people of the United States in terms of the biodiversity it represents. Further, many of these botanic species serve as the foundation of entire ecosystems, serving as food sources or habitats for other larger species that are either threatened or endangered. These are species that are not represented in any of the other 49 States in our Nation. Each of these species contains unique genes that express themselves in a myriad of ways. Each time we lose a species to extinction we lose an irreplaceable reservoir of unique genes and eliminate their usage as a possible benefit to humanity.

The Paleontological Resources Preservation Act incorporates many of the recommendations on the subject issued by the Department of the Interior in 2000. This act would help protect and preserve the nation's important fossil resources that are found on Federal lands for the benefit of our citizens. This provision will still allow the practice of casual collecting that is being enjoyed on Federal lands. While I recognize the educational benefits and the major fossil discoveries made by amateur collectors and curio hunters, fossil theft has become an increasing problem. Vertebrate fossils are rare and important natural resources that have become increasingly endangered due to an increase in the illegal collection of fossil specimens for commercial sale. However, at this time there is no unified policy regarding the treatment of fossils by Federal lands management agencies which would help protect and conserve fossil specimens. We risk the deterioration or loss of these valuable scientific resources. This act will correct that omission by providing uniformity to the patchwork of statutes and regulations that currently exist. It will create a comprehensive national policy for preserving and managing fossils and other artifacts found on Federal lands, and will prevent future illegal trade. I would like to emphasize that this bill covers only paleontological remains on Federal lands and in no way affects archaeological or cultural resources under the Archaeological Resources Protection Act of 1979 or the Native American Graves Protection and Repatriation Act.

Lastly, I express my support for a provision in the omnibus lands bill that I cosponsored in the 110th Congress, S. 1680, the Izembek and Alaska Peninsula Refuge and Wilderness Enhancement Act. This measure paves the way for a road that would provide dependable and safe year- round access for the residents of King Cove in Alaska to the nearby Cold Bay Airport. I believe that the 800 residents of King Cove, most of whom are Native Aleut, have an absolute right to a means of transport that is accessible under all weather conditions, including gale force winds and fog. This reliable means of getting to the airport will help address many of the community's safety, health, and medical concerns because the Cold Bay Airport is an all-weather airport.

In addition to providing an essential passageway, this provision will authorize a land transfer in which nearly 56,000 acres of pristine land will be classified as wildlife refuge wilderness. In contrast, only about 2,000 acres of Federal land could potentially be exchanged for the purpose of constructing a one-lane gravel road. This measure has been in the making for 10 years. I commend the Energy and Natural Resources Committee for working across the aisle to modify and refine the original language to be acceptable to all parties and stakeholders. Neither

the land exchange nor the construction of the road will occur without a stringent environmental impact statement required under the National Environmental Policy Act of 1969 and assurances by the Secretary of the Department of the Interior that the construction of the road and the land exchange are in the public interest and sufficient environmental safeguards are in place.

I strongly support the Omnibus Public Land Management Act of 2009 and those provisions that protect and preserve the historical contributions made by Hawaii's environmental and cultural heritage. We must protect our legacies, and I encourage my colleagues to join in keeping our precious national resources and historic sites available for future generations.

Madam President, today the Senate will pass a comprehensive public lands bill that will protect our Nation's public lands and conserve our planet's oceans. I thank the majority leader and Senator Bingaman for including important bills from the Committee on Commerce, Science, and Transportation in this package. I commend Senators Inouye, Stevens, Cantwell, Snowe, Lautenberg, and Gregg for their leadership in drafting these bills. Senator Inouye, in particular, has aggressively advocated for improved stewardship of our oceans and this package reflects his careful work as chairman of the Commerce Committee which has jurisdiction over our Nation's oceans. As the incoming chair of the Commerce Committee, I will continue to work closely with my dear friend and mentor Senator Inouye on these issues. And I look forward to collaborating closely with him on oceans policy and other areas in the committee's jurisdiction that are particularly critical to the Hawaiian Islands. Our colleagues should know that the ocean and coastal bills included in the Consolidated Natural Resources Act enjoy broad bipartisan and national support because they are sorely needed and important to our Nation's environmental and economic future.

The Federal Government owns nearly 653 million acres of land in the United States. As the owner of these lands, the Federal Government has a responsibility to protect this land for current and future generations. Likewise, and as importantly, the Federal Government has an equal responsibility to protect and manage our Nation's marine and coastal resources. The oceans cover over two-thirds of our planet, yet we know little about what lies beneath or how the changing climate is affecting marine resources. The United States' Exclusive Economic Zone, covers 3.4 million square miles of the Earth's surface, an area greater than the whole United States. Unfortunately, our efforts to sustainably manage and conserve these submerged lands and living resources are hampered by our limited scientific research and understanding of our Exclusive Economic Zone. That is irresponsible and must change. The five ocean bills included in this legislation will authorize programs necessary to increase our Nation's understanding about ocean and coastal areas, which in turn will enable us to make the best possible decisions about how to manage, preserve, and protect our oceans and their living marine resources for current and future generations

The Ocean and Coastal Exploration and National Oceanic and Atmospheric Administration Act is critical to our ability to gather observations and data from areas in the ocean that have never been explored. The legislation would establish a national ocean exploration program within the National Oceanic and Atmospheric Administration, which would conduct interdisciplinary ocean exploration voyages to explore and survey little known areas of the marine environment and inventory, observe, and assess living and nonliving marine resources. In addition, this legislation would establish a coordinated national undersea research program, which would increase scientific knowledge for the management, use, and preservation of oceanic, coastal, and Great Lakes resources through undersea research, exploration, education, and technology development.

These activities are vital given that approximately 95 percent of the ocean floor remains unexplored. Increasing our knowledge of our oceans through exploration and undersea research provides unprecedented opportunities to discover new sources of minerals, drugs, habitats, species, artifacts, and shipwrecks. Expeditions could provide images of ancient human artifacts, rare or previously undiscovered species, and exciting new ecosystems.

The Ocean and Coastal Mapping Act would direct the Federal Government to integrate Federal and coastal mapping activities throughout the U.S. Exclusive Economic Zone. Approximately 90 percent of our Nation's maritime territory remains unmapped by modern technology. Improving our mapping activities, the promotion of the development and dissemination of new technologies, and the coordination of efforts across the 10 federal agencies currently involved in marine mapping are essential. Better mapping of these waters will help to minimize maritime accidents, support the national security missions of the U.S. Navy and U.S. Coast Guard, and improve our knowledge of ocean and coastal ecosystems.

The Integrated Coastal and Ocean Observation System Act would establish a national integrated ocean, coastal, and Great Lakes observing system that would collect, compile, and make available data to support marine commerce; navigation safety; weather, climate and marine forecasting; energy siting and production; ecosystem-based resource management; and public safety. This legislation represents an acknowledgement of our need as a country to improve our ability to measure, track, explain, and predict events related to weather and climate change. It represents a consensus that our understanding of natural climate variability and interactions between ocean and atmospheric environments needs strengthening and improvement. Information generated by the Integrated Coastal and Ocean Observation System would assist in providing advanced warning of hazardous coastal and ocean conditions to State managers and potentially affected communities and could help coastal communities prepare for and minimize losses for a range of potentially harmful ocean conditions. Additionally, this Integrated Coastal and Ocean Observation System has the potential to provide economic and ecological benefits for other coastal and ocean activities. For example, fisheries scientists and managers could use the data to predict biological productivity which would facilitate ecosystem-based management. Fishermen and mariners could better predict sea conditions for safe navigation and transport. Ocean scientists and regulators could better understand, predict, and rapidly respond to the distribution and impacts of marine pollution, harmful algal blooms, or other hazardous conditions. Educators and students could learn more about basic functions and processes of the marine environment.

Increasing carbon dioxide absorption in our oceans is acidifying waters and could be threatening the foundation of the ocean's food web. The Federal Ocean Acidification Research and Monitoring Act highlights the need for action to be taken to understand and confront climate change and its impacts on our oceans by authorizing a coordinated Federal research program on ocean acidification. Over the past 200 years, human activities have resulted in dramatic increases in greenhouse gases that are altering the Earth's climate. The oceans mitigate the effects of global warming by absorbing atmospheric carbon dioxide, which is changing ocean carbon chemistry and causing the oceans to become more acidic. There is significant concern among the scientific community, resource managers, and policymakers that ocean acidification could adversely impact our Nation's marine ecosystems, the food webs of many fish and marine mammals, and the economies of many coastal States that rely upon the seafood industry and coastal and ocean tourism. The Federal Ocean Acidification Research and Monitoring Act would establish an interagency committee, chaired by the National Oceanic and Atmospheric Administration, to develop and provide Congress with a strategic research plan on ocean acidification. Additionally, it vests the authority within the National Oceanic and Atmospheric Administration to establish an ocean acidification program

within the agency to conduct research and long-term monitoring, education and outreach, and development of adaptation strategies and techniques for conserving marine ecosystems.

The Coastal and Estuarine Land Conservation Program Act would authorize the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, to make grants to coastal States for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses, and it provides grants for lands to be managed or restored to effectively conserve, improve, or restore ecological function. Estuaries, wetlands, and the watersheds that flow into them support fisheries and wildlife and substantially contribute to coastal economies. The pressures of urbanization and pollution in coastal areas threaten to impair watersheds, undermine natural protections from coastal storms, impact wildlife habitat, and cause irreparable damage to coastal ecology. As our population grows, more and more people are moving to our coasts to enjoy their beauty and recreational opportunities. Coastal land protection partnership programs can help our Nation meet a number of diverse priorities such as promoting recreation, increasing wildlife, improving or conserving ecological quality and diversity, and preserving historical or cultural resources. The legislation would foster partnership programs among the Federal Government, State agencies, local governments, private landowners, and nonprofits to effectively conserve and manage coastal lands.

Over 50 percent of our population lives along our coasts and our coastal economies generate one-half of our Nation's gross domestic product. The planet's oceans produce an untold amount of wealth, both economic and ecological, for our Nation. What is good for the health of our coastal communities and oceans is good for the Nation. Given the reliance our citizens have on our marine and coastal resources and the large gaps exist in our knowledge regarding U.S. ocean and coastal areas, strengthening and improving our marine, coastal, and scientific programs will enable us to make the best possible decisions about how to manage, preserve and protect our oceans.

Mr. President, as I understand it, we now have 10 minutes equally divided to complete debate on S. 22, and then there will be a vote on passage. Is that correct?

Mr. President, in just a few minutes, the Senate will vote on S. 22, the Omnibus Public Land Management Act. The vote will culminate years of work on more than 160 bills that are included in this package and represents a major achievement for the protection of our Nation's natural, cultural, and historic resources. Taken collectively, I believe the package represents the most significant conservation legislation passed by the Senate in many years.

In addition, it will finally resolve three very important, very complex water rights settlements in three different States ending, literally, decades of litigation and controversy.

Amendments Nos. 23 and 24, en bloc

Before concluding, I wish to take care of a few administrative matters. The unanimous consent agreement for the bill today allows for the adoption of managers' amendments if they have been cleared by the managers and leaders on both sides. We have two such amendments which are at the desk. I understand they have been cleared by all my colleagues. These amendments make a number of technical, clerical, and clarifying corrections.

At this time I ask unanimous consent to call up those two amendments and have them considered and adopted en bloc, as provided for in the unanimous consent agreement.

Madam President, I ask unanimous consent that the reading of the amendments be dispensed with.

Madam President, the Senate is now considering the Omnibus Public Land Management Act of 2009, S. 22, a bill that contains a number of important water resource initiatives. Given the ongoing need to work closely with the states on water resource issues, I believe it important as chairman of the Energy and Natural Resources Committee for myself, and the new ranking member of the Committee, to acknowledge the hard work of representatives from the Colorado River Basin States of New Mexico, Colorado, Utah, Wyoming, Arizona, Nevada, and California, in reaching agreement regarding certain provisions in title X, subtitle B of S. 22, which contains the Northwestern New Mexico Rural Water Projects Act, hereafter referred to as the ``Act''.

On August 27, 2008, the Governors' representatives on Colorado River Operations sent a letter to me and Senator Domenici, then the ranking member of the committee, requesting certain modifications to the Northwestern New Mexico Rural Water Projects Act. These modifications, which were subsequently incorporated, reflect the joint

consideration, input, and understandings of the Governors' representatives from the Basin States concerning the act and how it relates to the interstate compacts for the Colorado River system. I want to congratulate the representatives on reaching agreement regarding what I recognize are complicated legal and operational issues associated with the Colorado River.

Madam President, I ask unanimous consent that the August 27, 2008, letter be printed in the Record.

The Senator from Colorado is correct.

Madam President, I concur in the statements made by the Senator from Colorado and thank him for working carefully with me and my staff to resolve these issues in a way that will ensure protection of park resources and provide for the continued operation of the Grand River Ditch and the Colorado-Big Thompson Projects.

Madam President, earlier today the Senate passed S. 22, the Omnibus Public Lands Management Act of 2009. As I said during the debate, S. 22 includes over 160 bills from the Committee on Energy and Natural Resources and reflects many years of hard work.

This achievement would not have been possible without the hard work of our outstanding staff. Both our ranking member, Senator Murkowski, and I are very fortunate to have a very dedicated and experienced professional staff. They service the committee and the Senate well. They deserve our thanks.

On the Democratic staff of the committee, I would like to thank the committee's staff director, Bob Simon, and chief counsel, Sam Fowler, for all of their work on this legislation, as on all the legislation that comes through our committee. I would also like to thank senior counsel Patty Beneke; counsel Mike Connor, who worked on all of the water issues included in the bill; counsels David Brooks, Kira Finkler, and Scott Miller, who coordinated all of the park and public lands bills; professional staff members Jorge Silva-Banuelos, who worked very hard on many of the New Mexico land bills; and Jonathan Epstein; and two National Park Service fellows, Karl Cordova, who worked on the committee last year, and Mike Gauthier, who is on the staff for the current year.

I would also like to thank the committee's chief clerk, Mia Bennett; executive assistant Amanda Kelly; communications director Bill Wicker; press secretary David Marks; and staff assistants Rachel Pasternack, Gina Weinstock, and Rosemarie Calabro.

On the Republican side, let me acknowledge Senator Murkowski's new staff director, McKie Campbell, and chief counsel Karen Billups. I would also like to note my thanks to former Senator Domenici's staff director during the previous Congress, Frank Macchiarola; and former minority chief counsel, Judy Pensabene. I would also like to recognize counsel Kellie Donnelly; as well as professional staff members Frank Gladics, Josh Johnson, and Tom Lillie, all of whom made significant contributions to this bill.

In addition, I am very grateful to the committee's nondesignated staff: Anna-Kristina Fox, Dawson Foard, Nancy Hall, Amber Passmore, Monica Chestnut, and Wanda Green.

S. 22 contains over 1,200 pages of text, and was the subject of numerous revisions. I am grateful to the help of the Senate legislative counsel office, and Gary Endicott, Heather Burnham, and Colin Campbell in particular.

I would also like to thank Cliff Isenberg from the Senate Budget Committee for his help as well as Deb Reis from the Congressional Budget Office, and Tyler Kruzich, formerly with CBO.

Finally, let me acknowledge the great help in bringing the bill to the floor we received from the majority leader and his staff: Neil Kornze, Chris Miller, Randy DeValk, Gary Myrick, and, as always, the secretary for the majority, Lula Davis, as well as Tim Mitchell, the assistant secretary for the majority. I would also like to thank the cloakroom staff, Joe Lapia, Meredith Mellody, Brandon Durflinger, and Estaban Galvan, for all of their assistance.

All of these fine staff members had a hand in putting S. 22 together and moving it through the legislative process. We would not have been able to pass the bill without their hard work and their professionalism. I wish to thank each and every one of them for their good work.

Madam President, this package would not have been possible without the dedicated work of the majority leader over the past several months. I wish to particularly thank him for his commitment to calling up this bill early in this Congress and proceeding with it. I wish to also acknowledge the excellent work and energy of the Natural Resources Committee's new ranking minority member Ms. Murkowski. We have been able to work together to develop a truly bipartisan combination of bills which is reflected in the broad support for this package. Of course, I wish to acknowledge the role of Senator Domenici, who was the ranking member in the prior Congress, for his hard work that also is reflected in this legislation.

I wish to also recognize the work of three of our subcommittee chairmen and ranking members: Senators Akaka and Burr on the National Parks Subcommittee, Senators Wyden and Barrasso from the Public Lands and Forests Subcommittee, Senator Johnson and Senator Corker of the Water and Power Subcommittee. Most of the hearings for the bills in this package were held in those subcommittees. These Senators laid much of the groundwork for today's vote. Of course, I wish to recognize Chairman Rahall of the House Natural Resources Committee for all his work and the work of his staff to resolve any differences that could have existed with the other body.

We have had superb staff work in developing this legislation. Let me particularly mention David Brooks, Kara Finkler and, of course, our staff director, Bob Simon, as well as Sam Fowler, the counsel for our Energy and Natural Resources staff; also, Mike Connor, who worked very hard on many of the water provisions contained in the legislation; Scott Miller, who worked on many of the forest-related sections of this legislation. I know Senator Murkowski and, prior to her, Senator Domenici, also had excellent staff work on the Republican side, which resulted in this legislation coming together in a bipartisan fashion.

So I will put a more complete statement acknowledging the great work of members of our committee staff in the Record and elaborate on that as the day proceeds, but I do wish to mention them now.

Madam President, I see my colleague from Oklahoma is here to speak. How much time remains on the two sides? I know he has 5 minutes. Is there any time remaining on our side?

I yield the floor.

Madam President, I suggest the absence of a quorum.

Madam President, I ask for the yeas and nays.

Madam President, I commend the chairman and ranking member of the Energy and Natural Resources Committee for their diligent work on this package, which contains several bills that I have championed for Colorado. I particularly wish to thank my colleague and friend, Chairman Bingaman, and his staff, for his work and cooperation on the Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act, which is included in subtitle N of title I of S. 22, and which is critical to preserving some of the Nation's most beautiful and critical wilderness lands. This has been a long road to reach agreement with all constituencies involved and we have faced some unique challenges. But ultimately, and with the chairman's assistance, we have worked through a number of issues to our mutual satisfaction in order to pass a bill that is good for all Coloradans.

One of those challenges has been our effort to protect the operation and maintenance of the Alva B. Adams Tunnel which is the critical component of the Colorado-Big Thompson Reclamation Project. The Adams tunnel was authorized in 1915 by Congress and later constructed within the park and has delivered water from the Colorado River drainage to Colorado's north eastern communities for decades.

I appreciate the Chairman working with us on protecting this facility that provides water to hundreds of thousands of people in Colorado. With his help, we included within section 1953(d) a provision that ensures that nothing in the subtitle, including the designation of wilderness, ``prohibits or affects current and future operation and maintenance activities . . . that were allowed as of the date of enactment . . . under the Act of January 26, 1915 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other Colorado-Big Thompson Project facilities located within the Park.''

The bill also includes in section 1953(g) an additional savings clause, which ensures that the Secretary of the Interior's authority to manage lands and resources within the park is not diminished. It is my understanding that this type of general savings clause does not undermine or contradict the more specific provisions included in section 1953(d) of the subtitle. That is, the savings clause included as section 1953(g) does not alter or affect the provisions in section 1953(d), which make clear that the designation of the park as wilderness is not meant to affect the current and future operation and maintenance activities for the tunnel nor to prohibit or restrict the conveyance of water through the Alva B. Adams Tunnel for any purpose.

Am I correct in my understanding of section 1953(g)?

I thank the Chairman.

As with any wilderness legislation in a headwaters State, the water rights language in the Rocky Mountain National Park wilderness bill proved to be the most challenging. This legislation strikes a good balance between protection of park wilderness resources and protection of existing water rights, ditch rights-of-way, and water infrastructure, some of which predate the existence of the park.

The Water Supply and Storage Company--WSSC--owns and operates the Grand River Ditch, which is a water supply ditch located in the Never Summer Range in RMNP. The Grand River Ditch provides irrigation water to approximately 40,000 acres of land located in Larimer and Weld Counties in northern Colorado. WSSC owns, operates and maintains 11 reservoirs and 7 ditch systems, including the Grand River Ditch. WSSC's system of ditches, canals and laterals is more than 100 miles in total length and provides approximately 60,000 acre-feet of water annually to 173 shareholders. The Grand River Ditch is an integral component of WSSC's system. WSSC holds a right-of-way for the Grand River Ditch under the Irrigation or General Right of Way Act of March 3, 1891--1891 Act--codified at 43 U.S.C Sec. Sec. 946-49.

The Rocky Mountain National Park Wilderness Act itself should not cause any change in land use, land management, or water rights within Rocky Mountain National Park. Towards this end, section 1953(e) is intended to clarify that neither the Grand River Ditch nor its right- of-way will be adversely affected if the end use of water diverted by the Grand River Ditch is for municipal purposes as opposed to irrigated agriculture. The Grand River Ditch diverts water high in the Colorado mountains and transports it some 50 miles downstream to its location of use. At present, all of the water is used for agricultural irrigation; however, a portion of WSSC's stock is owned by Colorado municipalities and Grand River Ditch water will be used for this purpose in the future. No matter what the end use is, the existence of the Grand River Ditch in RMNP imposes the same burden on the park. In other words, there is no difference in land use, land management or water rights in the park, whether the end use of water is agricultural irrigation or municipal use.

In 1921, the Supreme Court approved forfeiture of a right-of-way that had never been used for its authorized purpose of irrigation, but instead was used for developing electric power. See Kern River Co. v. United States, 257 U.S. 147, 1921. The case is distinguishable on several grounds from the Grand River Ditch, but the purpose of Section 1953 (e) is to avoid any attempt to apply a Kern River-type theory to the Grand River Ditch. Over 20 years ago the U.S. Department of Agriculture recognized this point when it said: ``The end use of water off the Federal lands, as it may change over time, casts no greater burden on the Federal property to carry the water to its place of use.'' See letter dated October 1, 1986, from Douglas W. MacCleery, Deputy Assistant Secretary for Natural Resources and Environment, Department of Agriculture, to Malcomb Wallop of the United States Senate, included in the legislative history of Public Law 99-545.

Conversion of agricultural water to municipal purposes is commonplace in Colorado, and the Grand River Ditch is no exception. In a mutual ditch company such as WSSC, ownership of stock represents a pro rata share of ownership in the water rights of the company. The language of section 1953(e)

ensures that WSSC and the right-of-way of the Grand River Ditch will not be adversely affected by the change in end use of GRD water.

The language of section 1953(e), ``primarily for domestic purposes or any purpose of a public nature,'' was not lightly chosen. It was taken directly from the act of May 11, 1898, which--in the words of the great Justice Van Devanter, who is considered the most knowledgeable authority on public land law to ever sit on the Supreme Court-- ``permit[ted] rights of way obtained under the Act of 1891 [like the Grand River Ditch], the use of which was restricted to irrigation, to be also used for the other purposes named in the section,'' namely ``purposes of a public nature'' and ``domestic purposes.'' See Kern River Co. v. U.S., 257 U.S. 147, 152-153, 1921. After more than a century, the terms ``purposes of a public nature'' and ``domestic purposes'' seem to be fairly well understood. The phrases ``purposes of a public nature'' and ``domestic purposes'' are especially broad, and include municipal uses following delivery, by a potable water provider, through the Grand River Ditch or by means of another conveyance structure. We have agreed to exempt the Grand River Ditch from any restriction that conditions the existence of the right-of-way on agricultural uses and instead to allow them to make ``purposes of a public nature'' or ``domestic purposes'' the sole or predominate purpose.

The Grand River Ditch ``right of way . . . was granted on an implied condition that it should revert to the United States in the event the grantee ceased to use or retain it for the purpose indicated in the [1891 and 1898] statutes. That purpose--the main and controlling one-- was irrigation.'' See Kern River Co. v. U.S., 257 U.S. 147, 154 (1921). In the future, the water transported in the ditch will be increasingly used for water supply and municipal purposes, not irrigation. This transition may eventually ``entitle[] the United States to assert and enforce a forfeiture of the grant. . . .'' 257 U.S. at 154. To address this concern, we have agreed to state in the bill that ``the right of way . . . shall not be terminated, forfeited, or otherwise affected as a result'' of the change in purpose, ``unless the Secretary determines that the change in main purpose or use adversely affects the park.'' If the Secretary, in his discretion, makes that determination, he would then have to assert and enforce a forfeiture of the grant in court.