Harbor Maintenance Act of 2010

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.

Mr. President, on this annual Tax Day, I rise to introduce the Taxpayer Protection and Assistance Act of 2007, a robust package of reforms aimed at protecting the rights of all American taxpayers. I am pleased that my colleagues on the Finance Committee, Senators Schumer, Kerry, and Menendez, as well as Senators Akaka, Brown of Ohio, Dodd, Durbin, Lieberman, Merkley, Pryor, and Udall of New Mexico, are joining me in introducing this bill.

This act consists of numerous well-vetted provisions, which will ensure our nation's taxpayers are better able to prepare and file their tax returns each year in a fashion that is fair, reasonable, and affordable.

First, the act clarifies taxpayers' rights and responsibilities by requiring Treasury to publish an easy-to-understand Taxpayer Bill of Rights, enumerating taxpayers' rights and obligation, and corresponding Internal Revenue Code citations. As the National Taxpayer Advocate has explained: ``The [Internal Revenue] Code contains no comprehensive Taxpayer Bill of Rights that explicitly and transparently sets out taxpayer rights and obligations. Taxpayers do have rights, but they are scattered throughout the [Internal Revenue] Code and the Internal Revenue Manual and are neither easily accessible nor written in plain language that most taxpayers can understand.'' The act would rectify these shortcomings, without conferring any rights or obligations not already provided for under law.

Second, the act supports programs that assist low-income taxpayers. It authorizes a $35 million grant program for Volunteer Income Tax Assistance, VITA, programs. VITA programs across the country offer free tax assistance to low- to moderate-income individuals who cannot afford professional assistance. More than 75,000 VITA volunteers prepare basic tax returns for these taxpayers; typically VITA programs focus on at least one specific underserved group with special needs--such as persons with disabilities, non-English speaking persons, Native Americans, rural taxpayers, and the elderly. During the 2009 filing season, VITA programs prepared more than 1.2 million tax returns and brought back over $1.6 billion in tax refunds to working families.

I have seen firsthand the impact that free tax-preparation clinics can have on taxpayers and their communities. In fact, New Mexico is fortunate to have one of the nation's leading programs. Tax Help New Mexico began 35 years ago at Central New Mexico Community College, CNM, as a practical means of giving accounting students work experience in tax preparation while serving a community need. But while 70 percent of New Mexicans are eligible for Tax Help New Mexico's services, only 6.5 percent are able to take advantage. To enable community VITA programs like Tax Help New Mexico to reach more underserved low-income taxpayers, the act authorizes a $35 million IRS grant program.

Likewise, the act would strengthen Low-Income Taxpayer Clinics. These clinics, typically operated by community organizations and law schools, provide representation to low-income taxpayers in disputes with the IRS. The act authorizes the Treasury Secretary to refer taxpayers to these clinics. It also increases to $20 million annually the authorization for LITC grant programs. This will provide a substantial boost to clinics that serve this vital function, such as that which the University of New Mexico Law School operates for taxpayers in my state.

Third, the act enhances the regulation of paid tax-return preparers. Nearly all professions--from beauticians to mortuaries to opticians-- are regulated at the state level. But with only a handful of exceptions, states do not regulate tax return preparers. Nor does the federal government currently regulate unenrolled tax return preparers, i.e., return preparers who are not CPAs, attorneys, enrolled agents, or enrolled actuaries--all already regulated under IRS Circular 230. A significant percentage of unenrolled preparers are well-trained and maintain high ethical standards. But untrained and unscrupulous tax return preparers can inflict serious harm on taxpayers and significantly undermine tax compliance.

For years, taxpayers, tax professionals, and the National Taxpayer Advocate have been calling for federal regulation of unenrolled preparers. In early 2010, the IRS began taking steps to exercise oversight over these unenrolled preparers. I applaud the IRS's initiative. But it is still unclear that the IRS's program will be sufficiently comprehensive. Moreover, many see a benefit in clarifying the scope of the IRS's regulatory authority.

The act responds to these concerns by codifying a regulatory system for unenrolled preparers. In order for a tax preparer to become registered and authorized by Treasury, the act requires preparers to pass a basic background check and an examination of competency and ethics standards. To remain in good standing, preparers will be required to satisfy continuing education requirements or be reexamined every three years on changes in tax law and common preparation mistakes. The act requires Treasury to maintain and publish for taxpayers a comprehensive list of all authorized tax return preparers, including Circular 230 preparers.

Fourth, the act creates an oversight system for tax refund delivery products. Refund Anticipation Loans, RALs, are high-cost bank loans secured by a taxpayer's expected refund--loans that typically last 7 to 14 days, until the actual IRS refund arrives and is used to repay the loan. RALs are often aggressively marketed by paid income-tax preparers, which advertise ``Instant Refunds'' or ``Quick Cash,'' sometimes disguising that they are selling advance loans on anticipated tax refunds. According to the National Consumer Law Center: ``Tax preparers and their bank partners made approximately 8.7 million RALs during the 2007 tax-filing season. . . .'' In my state of New Mexico, 25 percent of taxpayers eligible for the Earned Income Tax Credit received a RAL in 2005.

RALs might offer quick cash, but they are not a good deal for taxpayers. As the National Consumer Law Center exposed in a 2009 report, the typical RAL of about $3,000 carries an annual percentage rate, APR, from 77 percent to 140 percent. We know that our vulnerable communities are particularly susceptible to RALs. In fact, a recent study by the First Nations Development Institute and Center for Responsible Lending found that RALs drained over $9.1 million from Native American communities in 2005.

I am very troubled by the prevalence of RALs. And to begin addressing problems associated with them, the act requires Treasury to establish a registration program for those involved in the process of facilitating a tax refund delivery product, RDP, including RALs. Additionally, RDP facilitators will be required to disclose in writing and in an easily understandable format the taxpayer's options for receiving tax refunds, listed from least expensive to most expensive, the RDP's loan terms and fee schedule, and any other costs that the taxpayer may incur in filing a tax return. Moreover, the Act would prohibit Treasury from issuing a Refund Indicator, a score on which RDP facilitators rely before issuing a RDP, unless Treasury first determines that the taxpayer's refund would not be prevented by debts the taxpayer owes on student loans, child support, or by other provisions in the Tax Code. This additional screen will minimize the likelihood that a taxpayer will be issued a loan based on a refund claim that will not ultimately materialize

and which the taxpayer would nonetheless be required to repay.

Fifth, the act requires additional protections before the IRS files a federal tax lien. The IRS has a number of enforcement tools at its disposal to ensure tax compliance, but use of these tools must be balanced with the need to ensure taxpayers do not suffer unnecessary long-term harm as a result. One such tool is the filing of a Notice of Federal Tax Lien, NFTL, when a taxpayer owes back taxes. But as the National Taxpayer Advocate explains in her 2009 Report to Congress: ``[The filing of a tax lien can significantly harm the taxpayer's credit and affect his or her ability to obtain financing, find or retain a job, secure affordable housing or insurance, and ultimately pay the outstanding tax debt. For these reasons, the National Taxpayer Advocate believes that the IRS should not automatically file NFTLs but instead should carefully consider and balance these competing interests when determining whether a lien filing is appropriate.'' In my state alone, the IRS filed nearly 5,000 liens against taxpayers last year. The act would require the IRS to make individualized determinations before filing an NFTL, and in doing so to consider several enumerated factors, including the amount due, the taxpayer's compliance history, and any extenuating circumstances.

Sixth, the act establishes a demonstration program to provide accounts to those who currently lack bank accounts. IRS data show that of the 60 million Federal tax refunds that were issued via paper checks in 2005, almost half went to households earning $30,000 or less. These households are most likely to lack access to reasonably-priced financial services--and thus most likely to pay a disproportionate amount of their income to conduct routine financial transactions. Yet the issuance of a refund check presents an important opportunity to bring these low-income taxpayers into the financial mainstream. The act authorizes Treasury to award eligible entities demonstration project grants so that they can establish accounts for individuals who currently lack bank accounts. The act also requires a study on the feasibility of delivering tax refunds on debit, prepaid, and other electronic cards.

Finally, the act requires the IRS to study processing information returns and the effectiveness of collection alternatives. Currently, the IRS processes income tax returns before it processes most information returns, such as W-2s and 1099s. From the taxpayer's perspective, this leads to millions of cases where taxpayers may inadvertently make overclaims that the IRS does not identify until months later, exposing the taxpayer not only to additional tax liability, but to penalties and interest. This sequence also provides opportunities for fraud and requires the IRS to devote resources that should have not been paid and that it often cannot recover. The act also directs Treasury to conduct a study to identify and recommend legislative and administrative changes that would enable the IRS to receive and process information reporting documents before it processes tax returns. This should bring us closer to the goal of voluntary pre- populated returns, which I understand are already available in most OECD countries.

I have long maintained that our tax system depends on taxpayers being able to receive the best advice and assistance possible. We have a responsibility to our nation's taxpayers to make sure that they do receive such advice and assistance. This bill goes a long way toward that goal.

I would be remiss if I did not acknowledge that this bill is the product of considerable collaboration. It draws on many recommendations of our National Taxpayer Advocate, Nina Olson. It also builds on input we have received from national and local taxpayer advocacy organizations, among them the Center for Economic Progress, Tax Help New Mexico, and the Maryland CASH Campaign. I am grateful for these stakeholders' participation.

These are long overdue reforms; I hope that the Senate will consider them in this session.

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

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.