Floor Statements

Madam Speaker, I rise today in recognition of Hostelling International USA for 75 years of service to youth travel.

Hostelling International USA was founded in 1934 to improve and promote international understanding of the world and its countless cultures through hostelling. Hostelling International operates and maintains almost 70 hostel accommodations throughout the United States, with over 4,000 locations worldwide.

These inexpensive and safe facilities range from high-rise buildings with hundreds of beds to small remote hostels in rural setting found throughout Alaska.

Hostel volunteers act as ambassadors for their communities and for our nation by administering travel education programs to young and old. Alaskan hostels have welcomed and housed guests since the early 1960's, in a diverse set of locations including: Central Juneau, Ketchikan, Nome, Anchorage, Delta Junction, Fairbanks, Haines, Homer, Sitka, Tok, Willow, Girdwood, Slana and Ninilchik.

I commend Hostelling International USA for its 75 years of continued quality service.

Madam Speaker, in adherence to the Republican Earmark Standards for the FAA Reauthorization, H.R. 915, I submit the following:

Requesting Member: Congressman Don Young.

Bill Number: H.R. 915.

Section: 814.

Legal Name of Requesting Entity: Municipality of Anchorage.

Address of Requesting Entity: 632 W. 6th Ave., Anchorage, AK 99501.

Description of Request: The legislation enables airport land at Merrill Field to revert to the Municipality of Anchorage rather than the Federal Government. The Muni would like to use the land to expand the highway that runs by Merrill Field.

Requesting Member: Congressman Don Young.

Bill Number: H.R. 915.

Section: 103.

Legal Name of Requesting Entity: Alaska DOT&PF.

Address of Requesting Entity: 4111 Aviation Avenue, Anchorage, AK 99519-6900.

Description of Request: This provision would allow the continuation of the Alaska Aviation Safety Project to conduct 3-dimensional mapping of Alaska's aviation corridors.

Madam Speaker, I rise today to introduce the following Op-Ed piece from the May 16, 2009 edition of the Wall Street Journal. I believe this piece speaks to the reactive nature of Congress, and will help shed some light on this issue to those both inside and outside the Beltway.

[From the Wall Street Journal, May 16, 2009]

Critics Still Haven't Read the ``Torture'' Memos

(By Victoria Toensing)

Sen. Patrick Leahy wants an independent commission to

investigate them. Rep. John Conyers wants the Obama Justice

Department to prosecute them. Liberal lawyers want to disbar

them, and the media maligns them.

What did the Justice Department attorneys at George W.

Bush's Office of Legal Counsel (OLC)--John Yoo and Jay

Bybee--do to garner such scorn? They analyzed a 1994 criminal

statute prohibiting torture when the CIA asked for legal

guidance on interrogation techniques for a high-level al

Qaeda detainee (Abu Zubaydah).

In the mid-1980s, when I supervised the legality of

apprehending terrorists to stand trial, I relied on a

decades-old Supreme Court standard: Our capture and treatment

could not ``shock the conscience'' of the court. The OLC

lawyers, however, were not asked what treatment was legal to

preserve a prosecution. They were asked what treatment was

legal for a detainee who they were told had knowledge of

future attacks on Americans.

The 1994 law was passed pursuant to an international

treaty, the United Nations Convention Against Torture and

Other Cruel, Inhuman or Degrading Treatment. The law's

definition of torture is circular. Torture under that law

means ``severe physical or mental pain or suffering,'' which

in turn means ``prolonged mental harm,'' which must be caused

by one of four prohibited acts. The only relevant one to the

CIA inquiry was threatening or inflicting ``severe physical

pain or suffering.'' What is ``prolonged mental suffering''?

The term appears nowhere else in the U.S. Code.

Congress required, in order for there to be a violation of

the law, that an interrogator specifically intend that the

detainee suffer prolonged physical or mental suffering as a

result of the prohibited conduct. Just knowing a person could

be injured from the interrogation method is not a violation

under Supreme Court rulings interpreting ``specific intent''

in other criminal statutes.

In the summer of 2002, the CIA outlined 10 interrogation

methods that would be used only on Abu Zubaydah, who it told

the lawyers was ``one of the highest ranking members of'' al

Qaeda, serving as ``Usama Bin Laden's senior lieutenant.''

According to the CIA, Zubaydah had ``been involved in every

major'' al Qaeda terrorist operation including 9/11, and was

``planning future terrorist attacks'' against U.S. interests.

Most importantly, the lawyers were told that Zubaydah--who

was well-versed in American interrogation techniques, having

written al Qaeda's manual on the subject--``displays no signs

of willingness'' to provide information and ``has come to

expect that no physical harm will be done to him.'' When the

usual interrogation methods were used, he had maintained his

``unabated desire to kill Americans and Jews.''

The CIA and Department of Justice lawyers had two options:

continue questioning Zubaydah by a process that had not

worked or escalate the interrogation techniques in compliance

with U.S. law. They chose the latter.

The Justice Department lawyers wrote two opinions totaling

54 pages. One went to White House Counsel Alberto Gonzales,

the other to the CIA general counsel.

Both memos noted that the legislative history of the 1994

torture statute was ``scant.'' Neither house of Congress had

hearings, debates or amendments, or provided clarification

about terms such as ``severe'' or ``prolonged mental harm.''

There is no record of Rep. Jerrold Nadler--who now calls for

impeachment and a criminal investigation of the lawyers--

trying to make any act (e.g., waterboarding) illegal, or

attempting to lessen the specific intent standard.

The Gonzales memo analyzed ``torture'' under American and

international law. It noted that our courts, under a civil

statute, have interpreted ``severe'' physical or mental pain

or suffering to require extreme acts: The person had to be

shot, beaten or raped, threatened with death or removal of

extremities, or denied medical care. One federal court

distinguished between torture and acts that were ``cruel,

inhuman, or degrading treatment.'' So have international

courts. The European Court of Human Rights in the case of

Ireland v. United Kingdom (1978) specifically found that wall

standing (to produce muscle fatigue), hooding, and sleep and

food deprivation were not torture.

The U.N. treaty defined torture as ``severe pain and

suffering.'' The Justice Department witness for the Senate

treaty hearings testified that ``[t]orture is understood to

be barbaric cruelty . . . the mere mention of which sends

chills down one's spine.'' He gave examples of ``the needle

under the fingernail, the application of electrical shock to

the genital area, the piercing of eyeballs. . . .'' Mental

torture was an act ``designed to damage and destroy the human

personality.''

The treaty had a specific provision stating that nothing,

not even war, justifies torture. Congress removed that

provision when drafting the 1994 law against torture, thereby

permitting someone accused of violating the statute to invoke

the long-established defense of necessity.

The memo to the CIA discussed 10 requested interrogation

techniques and how each should be limited so as not to

violate the statute. The lawyers warned that no procedure

could be used that ``interferes with the proper healing of

Zubaydah's wound,'' which he incurred during capture. They

observed that all the techniques, including waterboarding,

were used on our military trainees, and that the CIA had

conducted an ``extensive inquiry'' with experts and

psychologists.

But now, safe in ivory towers eight years removed from 9/

11, critics demand criminalization of the techniques and the

prosecution or disbarment of the lawyers who advised the CIA.

Contrary to columnist Frank Rich's uninformed accusation in

the New York Times that the lawyers ``proposed using'' the

techniques, they did no such thing. They were asked to

provide legal guidance on whether the CIA's proposed methods

violated the law.

Then there is Washington Post columnist Eugene Robinson,

who declared that ``waterboarding will almost certainly be

deemed illegal if put under judicial scrutiny,'' depending on

which ``of several possibly applicable legal standards''

apply. Does he know the Senate rejected a bill in 2006 to

make waterboarding illegal? That fact alone negates

criminalization of the act. So quick to condemn, Mr. Robinson

later replied to a TV interview question that he did not know

how long sleep deprivation could go before it was

``immoral.'' It is ``a nuance,'' he said.

Yet the CIA asked those OLC lawyers to figure out exactly

where that nuance stopped in the context of preventing

another attack. There should be a rule that all persons

proposing investigation, prosecution or disbarment must read

the two memos and all underlying documents and then draft a

dissenting analysis.

Madam Speaker, the Shining Lights Award is presented to individuals who demonstrate dedication to public service and the highest level of character, integrity and ethics. Anchorage Project Access, Drs. Kaltenborn and Schumacher have themselves by embodying the Jewish value of Tikkun Olam for their selfless work in bringing medical care to Anchorage's most impoverished residents and have been selected as the 2009 recipients of the Shining Lights Award.

In today's economic climate, many people are forced to choose between food, rent, and their health. Anchorage Project Access (APA) is a volunteer network of 405 medical professionals designed to address the needs of over 15,000 people in our community who are uninsured and fall 200% below the poverty line. since 2005, APA has united health care providers, hospitals and ancillary organizations in an effort to provide basic medical care to those on a limited income. APA strives to reduce health care costs for all of us by promoting a model of health through ongoing care, reducing the unnecessary use of local emergency rooms.

Husband and wife team Drs. Cathie Schumacher and K.C. Kaltenborn were deeply involved in founding APA and continue to dedicate their time and energy to making this worthwhile project successful. Their tireless efforts to establish and nurture APA have benefited the entire Anchorage community and the State of Alaska.

I encourage everyone to reflect on their exemplary devotion to public service as an inspiration to use their own talents for the good of our community. Congratulations to Drs. Schumacher and Kaltenborn and thank you for all that you do!

Madam Speaker, today I, along with my distinguished colleagues, Mr. Abercrombie, Mr. Faleomavaega, Mr. Boren and Mr. Shuler introduce the Southeast Alaska Native Land Entitlement Finalization Act. This legislation will redress the inequitable treatment of the Native Regional Corporation for Southeast Alaska, Sealaska Corporation, by allowing it to select its remaining land entitlement under Section 14 of the Alaska Native Claims Settlement Act, ANCSA, from designated Federal land in Southeast Alaska.

In 1971, Congress enacted ANCSA to recognize and settle the aboriginal claims of Alaska Natives. ANCSA allocated 44 million acres and nearly $1 billion to Alaska's Native people, to be managed by the 12 Regional Corporations, including Sealaska, and more than 200 Village Corporations. While Sealaska is one of the Regional Corporations with the largest number of Native shareholders, with 21 percent of all original Native shareholders, Sealaska received the smallest Regional Corporation land settlement, which was less than 1 percent of the total of all ANCSA lands. Now, nearly four decades since ANCSA's passage, Sealaska is still without their full land entitlement.

It remains critical that Sealaska complete its remaining land entitlement under ANCSA to continue to meet the economic, social and cultural needs of its Native shareholders, and of the Native community throughout Alaska.

The Bureau of Land Management projects that Sealaska is entitled to receive between 355,000 and 375,000 acres pursuant to ANCSA. To date, over 35 years after ANCSA's enactment, Sealaska has secured conveyance of 290,000 acres. Accordingly, there are up to 85,000 acres remaining to be conveyed. However, ANCSA limits Sealaska land selections to withdrawal areas surrounding certain Native villages in Southeast Alaska. The problem is that there are no lands remaining in these withdrawal areas that meet Sealaska's traditional, cultural, historic, or socioeconomic needs, and certain portions of those lands should more appropriately remain in public ownership.

The selection limitations preclude Sealaska from using any of its remaining ANCSA land settlement to select places of sacred, cultural, traditional, and historic significance located outside the withdrawal areas that are critical to facilitate the perpetuation and preservation of Alaska Native culture and history. Moreover,

selection from the withdrawal areas would not allow Sealaska to meet the purposes of ANCSA, which is to create continued economic opportunities for the Native people of Southeast Alaska. Further, more than 40 percent of the original withdrawal areas are salt water and, therefore, not available for selection.

Despite the small land base in comparison to all other Regional Corporations, Sealaska has provided significant economic benefits to not only Sealaska Native shareholders, but also to the other Native Corporations throughout Alaska. Pursuant to a revenue sharing provision in ANCSA, Sealaska distributes considerable revenues derived from its timber development--more than $315 million between 1971 and 2007--to the other Native Corporations. Unless it is allowed to select land outside of the designated withdrawal areas, Sealaska will not be able to select land that would allow it to maintain its existing resource development and management operations, or provide continued economic opportunities for the Native people of Southeast Alaska and economic benefits to the broader Alaska Native community through the revenue sharing requirements under ANCSA.

The legislation presents a solution that would allow Sealaska to complete the conveyance of its land entitlement and enable the Federal Government to complete its statutory obligation to the Natives of Southeast Alaska, as promised under ANCSA. I thank my colleagues and urge your support for this important legislation for the Native people of Southeast Alaska.

Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding earmarks I received as part of the FY 2009 Omnibus.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Department of Justice, OJP--Juvenile Justice

Legal Name of Requesting Entity: i-SAFE, Inc

Address of Requesting Entity: 5900 Pasteur Court, Suite 100 Carlsbad,

Madam Speaker, recently, I introduced H.R. 1381, which would make permanent the provisions of Section 646 of the Internal Revenue Code. Currently, these provisions are slated to expire on December 31, 2010.

In 1971 Congress passed, and President Nixon approved, landmark legislation known as the Alaska Native Claims Settlement Act (ANCSA). This legislation settled the aboriginal land claims of Native Alaskans in exchange for land selection rights and cash. The law was, and is, a bold and organic national experiment in Native land claims settlement. However, it has needed revision and refinement many times since 1971. I am proud to have worked with my Colleagues over the past several years to accomplish these improvements.

In 1988, Congress enacted legislation to authorize Alaska Native corporations to establish ``settlement trusts.'' Their purpose was to provide benefits to Alaska Natives and permit a legal structure that would protect and preserve, for current and future Alaska Native generations, much of the value of the land claims settlement. The original ANCSA required Native groups to form Alaska state law corporations to receive, administer, and distribute the ANSCA settlement, and the 1988 legislation was recognition that the corporate form had not always been well-suited to this task. In part, this was due to the federal tax problems that attend the corporate form, although ironically in the years after 1988, it became apparent that the federal tax rules relative to trusts present their own complexities and problems that discouraged the use of settlement trusts.

Congress enacted Section 646 of the Tax Code to address these problems. Section 646 provides for an elective regime for Alaska Native settlement trusts that (i) provides for a trust level tax at various rates ranging up to 10% in lieu of beneficiary level taxes; (ii) allows contributions to be made to these trusts on a tax favored basis; and (iii) streamlines administrative reporting for these trusts. When adopted, this elective treatment initially provided significant incentives to the use of settlement trusts to further the ANCSA settlement, and Alaska Native corporations utilized this provision to provide benefits through Alaska Native settlement trusts.

As I mentioned earlier, Section 646 is scheduled to sunset on December 31, 2010, despite the positive effects it has had for the Alaska Native community. The principal aim of settlement trusts is to provide funds to the Alaska Native beneficiaries. These beneficiaries are among the most economically disadvantaged persons in our country. Section 646 has worked well to provide an incentive for the use of settlement trusts, and must be continued.

However, the looming expiration of Section 646 has had a chilling effect in recent years upon the establishment of new Alaska Native settlement trusts. Alaska Native corporations have no desire to exchange the corporate tax problems they already face for the tax problems accompanying the trust form that they will face if Section 646 is allowed to sunset. In October 2008, the Alaska Federation of Natives formally endorsed the permanent extension of Section 646, and in December 2008 the Joint Committee on Taxation scored the permanent extension of Section 646 as costing approximately $33 million.

I introduced H.R. 1381, because a permanent extension of Section 646 will immediately remove the disincentive for Alaska Native corporations to use settlement trusts to provide benefits to their Alaska Native shareholders otherwise presented by the sunset of Section 646.

I thank the gentleman for yielding to me.

Madam Speaker, I rise in support of H.R. 844, the Marine Mammal Rescue Assistance Amendments of 2009. This important piece of legislation continues to build upon the original legislation this body passed in 1972, the Marine Mammal Protection Act.

Continuing to recognize the importance of marine mammals and the fragile state of some of their populations, Congress passed the Marine Mammal Rescue Assistance Act in 2000 and created the John H. Prescott Marine Mammal Assistance Program.

Keeping with the spirit of these achievements in marine mammal protection, I introduced this legislation which builds upon our earlier successes and expands the Prescott Grant Program. This bill will allow the Secretary of Commerce to provide grants to participants who assist in removing ropes and other materials from marine mammals while at sea.

By providing grants to institutions such as the Alaskan Sealife Center, untold numbers of marine mammals have been positively impacted. Support for this bill will further invest in the health of our oceans and its numerous marine resources.

Again, I urge my colleagues to support marine mammals and the passage of H.R. 844.

Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information regarding constituent projects of interest I received as part of the FY 2009 Omnibus.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Dept of Education, Elementary and Secondary Education

Legal Name of Requesting Entity: Galena City School District

Address of Requesting Entity: P.O. Box 299, Galena, AK 99741

Description of Request: I have secured $485,000 for the Galena School District. Funding will be used for Galena's boarding school operations and provide a safe and educationally enriching environment for 120 students, many of whom are Native Alaskans from outlying villages where, in some cases, they may be exposed to a physically and emotionally challenging village environment. Due to a 2001 Department of Education formula change, Galena loses $1 million annually in Federal Impact Aid Funding. It is my understanding that these funds will be used along with state funding to provide educational services and operate the boarding school. I certify that neither I nor my spouse has any financial interest in this project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Dept of Education, Elementary and Secondary Education

Legal Name of Requesting Entity: Literacy Council of Alaska, Fairbanks

Address of Requesting Entity: 517 Gaffney Road, Fairbanks, AK 99701

Description of Request: I have secured $81,000 for the Literacy Council of Alaska, Fairbanks. The funding will be used for a school-age tutoring program focusing on reading, writing and math. It is my understanding that the funds will be used for salaries, supplies and tutor trainings. There is an in-kind volunteer tutor contribution of $30,600 annually. I certify that neither I nor my spouse has any financial interest in this project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Dept of Health and Human Services, Health Resources and Services Administration, Health Facilities and Services

Legal Name of Requesting Entity: AK Addictions Rehabilitation Services, Inc./Nugen's Ranch

Address of Requesting Entity: P.O. Box 871545, Wasilla, AK 99687

Description of Request: I have secured $490,000 for Addictions Rehabilitation Services, Inc./Nugen's Ranch. The funds will be used for the construction of a new residential substance abuse treatment facility. This will allow the recipient to increase the number of individuals treated which will decrease the number of people being sent out of state for treatment. It is my understanding that the funds will be spent for engineering and architecture fees, site preparation and actual construction of the facility. Other funds being used for this project are coming from the Denali Commission, Foundation Grants, AK Mental Health Trust Authority, the State of AK, and funds from the organization itself. I certify that neither I nor my spouse has any financial interest in this project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Dept of Health and Human Services, Health Resources and Services Administration, Health Facilities and Services

Legal Name of Requesting Entity: Providence Health System

Address of Requesting Entity: 3200 Providence Drive, Anchorage, AK 99508

Description of Request: I have secured $951,000 for Providence Health Services in Anchorage, AK. These funds will be used for the Alaska Family Medicine Residency Program which recruits and trains doctors to address the critical physician recruitment and retention problem in Alaska. It is my understanding that the funds will be used to pay for faculty salaries ($835,000) and resident recruitment ($116,000) and that Providence Health Services will provide supplemental funds to this program. I certify that neither I nor my spouse has any financial interest in this project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Department of Education, School Improvement

Legal Name of Requesting Entity: Department of Education

Address of Requesting Entity: 400 Maryland Avenue, SW, Washington, DC 20202

Description of Request: I have secured $33,315,000 for the AK Native Education Equity Program. It is my understanding that these funds will be used to meet the unique education needs and to support supplemental education programs to benefit Alaska Natives. I certify that neither I nor my spouse has any financial interest in this project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Dept of Education, Elementary and Secondary Education

Legal Name of Requesting Entity: Alaska PTA

Address of Requesting Entity: P.O. Box 210496, Anchorage, AK 99503

Description of Request: I have secured $238,000 for the Alaska PTA. These funds will be used to train parents in their roles and responsibilities under the No Child Left Behind Act. It is my understanding that the funds will be used in conjunction with Alaska PTA funds totaling $160,000. I certify that neither I nor my spouse has any financial interest in this project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Dept of Health and Human Services, Health Resources and Services Administration, Health Facilities and Services

Legal Name of Requesting Entity: Yukon-Kuskokwim Health Corporation

Address of Requesting Entity: P.O. Box 528, Bethel, AK 99559

Description of Request: I have secured $1,475,000 for the Yukon- Kuskokwim Health Corporation. These funds will be used for capital equipment upgrades that will improve productivity, improve health care delivery and reduce the number of patients that are now required to be transferred out of the region. It is my understanding that no additional funds will be used for this project. I certify that neither I nor my spouse has any financial interest in this project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Department of Commerce, NOAA--Operations, Research and Facilities

Legal Name of Requesting Entity: Gulf of Alaska Coastal Communities Coalition

Address of Requesting Entity: PO Box 201236, Anchorage, AK 99520

Description of Request: I have secured $150,000 for the Gulf of Alaska Coastal Communities Coalition (GOAC3) which is an incorporated 501(c)6 non-profit membership driven organization primarily serving as an advocate for small boat community based fisheries in the protection and creation of fair and sustainable fisheries related economic opportunities. The GOAC3 has representation from over 45 fisheries communities in the Gulf of Alaska. The GOAC3 allows these communities to participate and be effective in North Pacific Fishery Management Council meetings, allowing them to help mitigate negative impacts and increase opportunities to create economically viable and sustainable marine related communities. It is my understanding that these funds will be spent as on Personnel: $45,000, Travel: $22,000, Supplies: $12,000 and Support Contracts: $62,000.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Department of Commerce, NOAA--Operations, Research and Facilities

Legal Name of Requesting Entity: Cook Inlet Beluga Whale Research/ Kenai Peninsula Borough

Address of Requesting Entity: 144 N. Binkley St., Soldotna, AK 99669

Description of Request: I have secured $700,000 for the Kenai Peninsula Borough. This project will study the population of the Cook Inlet Beluga Whale so that it is fully understood and counted. The listing of the Cook Inlet Beluga Whale on the Endangered Species List affects over 70% of Alaska's population and knowledge of the Cook Inlet Beluga Whale's population size and migration habits is sorely lacking. This project fulfills the mandates of the Marine Mammal Protection Act and the Endangered Species Act. It is my understanding that the funds will be used for tagging devices and equipment and to support tagging expeditions to place the tracking devices on the Cook Inlet Beluga Whale. Funds will also be used for data collecting and analyzing.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Department of Justice, OJP--Byrne Discretionary Grants

Legal Name of Requesting Entity: Northwest Arctic Borough

Address of Requesting Entity: P.O. Box 1110, Kotzebue, AK 99752

Description of Request: I have secured $500,000 for the Northwest Arctic Borough's Public Safety Planning and Village Public Safety Officer Hiring and Training. This project provides for the creation of a comprehensive planning process for law enforcement in the Borough and to implement immediate improvements to the Village Public Safety Officer program by recruiting and training new officers. This will help to bring up the level of law enforcement and public safety in the Borough, which is currently completely inadequate and provide Borough citizens with the same protections afforded those Americans throughout the country. The State of Alaska provides contract funds for the Village Public Safety Officer program. It is my understanding that $250,000 will be used for public safety planning process and $250,000 for Village Public Safety Officer Hiring and Training.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Department of Commerce, NOAA--Operations, Research and Facilities

Legal Name of Requesting Entity: The Alaska Sea Otter and Steller Sea Lion Commission

Address of Requesting Entity: 6239 B Street, Suite 204, Anchorage, AK 99518

Description of Request: I have secured $300,000 for a Steller Sea Lion Comanagement, Biosampling and Outreach/Education program. This project will feature two approaches to bio-sampling. The first will be to work with two high harvest communities to fund local monitors (residents that help facilitate sea lion bio-sampling and monitor and document the local environment). The second approach will consist of training approximately 25 coastal Alaskans on proper sample collection and technique and protocols from those sea lions harvested for subsistence. This will help fulfill the mandates created by the Marine Mammal Protection Act and help promote responsible and sustainable subsistence harvesting. It is my understanding that the money will be spent on: Personnel: $130,000, Travel: $64,000, Supplies: $15,000, Community Monitoring Contracts: $50,000, Biosamplers: $10,000 and Administrative Support: $31,000.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Department of Justice, Office on Violence Against Women

Legal Name of Requesting Entity: State of Alaska / Victims for Justice

Address of Requesting Entity: 1057 Fireweed Lane, Suite 101, Anchorage, AK 99503

Description of Request: I have secured $400,000 to be used for sexual assault/domestic violence education, victim assistance and prosecution. This project will support victims of violent crimes. It is my understanding that funding will be split between programs on Sexual Assault/Domestic Violence Education, programs to provide Victim Assistance and prosecution of those who commit the violence.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: USDA, NRCS

Legal Name of Requesting Entity: Alaska Association of Conservation Districts

Address of Requesting Entity: 1700 E. Bogard Road, Suite 203A, Wasilla, AK, 99654

Description of Request: I have secured $864,000 to support the work of 12 Soil and Water Conservation Districts in Alaska. Specifically, this program would allow the Alaska Association of Conservation Districts to manage statewide natural resource concerns such as invasive plants, water quality and soil erosion due to global climate change. Assuming percentages remain the same, funding would include 53.5% for salaries and personnel, 9.3% for fringe funding, 6.7% for travel funding, 4.3% for equipment, 4% for supply funding, and 16.7% for contractual funding. The matching funds for this project, which will be augmented from local and private contributors, are unknown at this time. Additionally, this project will be enhanced by projects that are funded by USDA, State and Private Forestry, U.S. Fish and Wildlife Service and other federal agencies. A funding request to the State of Alaska is pending.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: EPA, STAG Water and Wastewater Infrastructure

Legal Name of Requesting Entity: City of Craig

Address of Requesting Entity: P.O. Box 725, Craig, AK 99921

Description of Request: I have secured $250,000 for Water and Wastewater Infrastructure Projects in the City of Craig. The City has previously received funds form the State of Alaska's Village Safe Water Program, but because of delays in funding distribution and escalating project costs the funding received has not been able to fulfill the requirements for the approved projects. All funds appropriated will be used for the construction or replacement of waterlines, wastewater lines, lift stations, and other utilities. The total project will cost $1.2 million. However, the grantee has received $973,000 from the State of Alaska's Village Safe Water Program. The $250,000 included in this appropriation will complete the project. Additionally, the City has provided additional in-kind contributions in the form of labor and equipment.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Federal Transit Administration, Bus and Bus Facilities

Legal Name of Requesting Entity: Fairbanks North Star Borough

Address of Requesting Entity: 809 Pioneer Road, Fairbanks, AK 99707- 1267

Description of Request: Provide an earmark of $798,000 for bus acquisition to add a route from Eielson AFB to Ft. Wainwright. The local

share of the project will be provided by the Borough.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: FHWA, Federal Lands Highways

Legal Name of Requesting Entity: Fairbanks North Star Borough

Address of Requesting Entity: 809 Pioneer Road, Fairbanks, AK 99707- 1267

Description of Request: Provide an earmark of $950,000 for rural and road service area transportation upgrades. Funds will be used to upgrade roads to federal lands, military installations, university research farms, and evacuation. Funds will be matched 50 percent by the Borough.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Federal Transit Administration, Bus and Bus Facilities

Legal Name of Requesting Entity: Mat Su Community Transit

Address of Requesting Entity: P.O. Box 8971590, Wasilla, AK 99687

Description of Request: Funding will be used for bus facility and property enhancements, 20 percent local match will be provided by Mat- Su Borough.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Army Corps of Engineers, Investigations

Legal Name of Requesting Entity: Army Corps of Engineers,

Address of Requesting Entity: Elmendorf Air Force Base, AK

Description of Request: Provide an earmark of $263,000 for Alaska District to continue the feasibility study of the Alaska Regional Ports and Harbors Comprehensive Plan.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Army Corps of Engineers, General Construction

Legal Name of Requesting Entity: Army Corps of Engineers,

Address of Requesting Entity: Elmendorf Air Force Base, AK

Description of Request: Provide an earmark of $3,328,000 to be used for Alaska coastal erosion. Native Villages on the coast of Alaska are eroding and this funding will help the Corps address the most pressing needs.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Army Corps of Engineers, General Construction

Legal Name of Requesting Entity: City and Borough of Sitka

Address of Requesting Entity: 100 Lincoln St., Sitka, AK 99835

Description of Request: Provide $478,000 for upgrades to the harbor breakwater due to design deficiency. Upgrades are needed to protect fishing boats within harbor of Sitka Channel. Local match will be met by the state or borough.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Army Corps of Engineers, Operations and Maintenance

Legal Name of Requesting Entity: Port of Anchorage

Address of Requesting Entity: 2000 Anchorage Port Rd, Anchorage, AK 99501

Description of Request: Provide an earmark of $16 million will be used for transitional dredging for the Port of Anchorage Expansion Project.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: EERE, Biomass and Biorefinery Systems R&D

Legal Name of Requesting Entity: Municipality of Anchorage

Address of Requesting Entity: P.O. Box 19660, Anchorage, AK 99519

Description of Request: Provide an earmark of $713,625 to be used for converting methane gas to electrical power generation. Municipality will match all federal funds.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: EERE, Geothermal Technology

Legal Name of Requesting Entity: City of Unalaska

Address of Requesting Entity: 43 Ravens Way, Unalaska, AK 99685

Description of Request: Provide an earmark of $951,500 for the development of a potential geothermal well in Unalaska. This could be a crucial source of energy for people on the Aleutian Chain.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Corps of Engineers, Operations and Maintenance

Legal Name of Requesting Entity: Corps of Engineers

Address of Requesting Entity: Elmendorf AFB, AK

Description of Request: Provide an earmark for $740,000 for City of Dillingham in support of President's Budget for dredging Dillingham Harbor.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Corps of Engineers, Operations and Maintenance

Legal Name of Requesting Entity: Corps of Engineers

Address of Requesting Entity: Elmendorf AFB, AK

Description of Request: Provide an earmark for $575,000 for City of Homer in support of President's budget for dredging Homer Harbor.

Requesting Member: Congressman Don Young

Bill Number: H.R. 1105

Account: Corps of Engineers, Operations and Maintenance

Legal Name of Requesting Entity: City of Nome

Address of Requesting Entity: P.O. Box 281, Nome, AK 99762

Description of Request: Provide an earmark for $724,000 for City of Nome in support of President's budget for dredging the Nome Port.

Mr. Speaker, it is essential that our Nation's ports have a reliable funding stream for vital projects that are ``ready to go'' in ports around the nation. The Maritime Administration has identified more than $1.5 billion in immediate opportunities to fund ready-to-go port landside projects. Ports are a key component of our national intermodal transportation system. MARAD has conservatively estimated that funding $1.5 billion in ready to go projects will add 80,000 direct and indirect jobs to the economy. These port projects are essential to our ports fulfilling their roles in our national defense, transportation, commerce, and homeland security systems. All other transportation modes, including highways, transit, rail, aviation, and ferries have dedicated funding in the Transportation Infrastructure sections of H.R. 1. Ports do not have such a dedicated source of funding. However, I want to state for the record that ports are eligible for funds in the $1.5 billion discretionary competitive grant funding made available by this bill to the Secretary of Transportation. In addition ports are eligible for funds under the Surface Transportation formula funds made available to States under this bill.

Mr. Speaker, the Secretary of Transportation, working with MARAD, should ensure that ports, like rail, transit, highways and aviation also have a secure stream of funding for much needed ``ready to go'' intermodal infrastructure investments. Ports all over the country, including in my own State, are ready to put thousands of people to work immediately on vital port infrastructure projects.

Mr. Speaker, I know that the entire House, indeed the entire Congress agrees that it won't do much good to have improved highways, rail, and air transportation if our ports are crumbling, overcrowded, and outdated.

Madam Speaker, I am pleased to introduce legislation today to assist the Bering Straits Native Corporation, an Alaska Native Regional Corporation established under the authority of the Alaska Native Claims Settlement Act (ANCSA), in fulfilling its land entitlement under ANCSA. This Alaska Native Regional Corporation has requested the bipartisan assistance of Congress to achieve the enactment of this legislation on behalf of the Inupiat people in the region. I look forward to working with Chairman Rahall and others on the Natural Resources Committee to obtain passage of this meritorious legislation.

An equitable agreement has been worked out by the State of Alaska, the Bering Straits Native Corporation (BSNC) and the United States that would finalize BSNC's entitlement under the ANCSA and help fulfill the State's entitlement to certain lands under the Statehood Act.

As an Alaska Native Regional Corporation, BSNC received entitlement under ANCSA to 145,728 acres of land under Section l4(h)(8) of that landmark Act. This Agreement will fulfill a critical component of that entitlement by conveying to BSNC 1,009 acres of land in the Salmon Lake area while Bering Straits relinquishes 3,084 acres of land from its original Salmon Lake selections which would be conveyed to the State. In addition, in furtherance of fulfilling its land entitlement under the Settlement Act, 6,132 acres of land at Windy Cove and 7,504 acres of land at Imuruk Basin that were either not prioritized or not selected by the State or that were low priority for the State will be conveyed to BSNC. The tracts at Windy Cove and Imuruk Basin are long- standing BSNC 14(h)(8) selections and had been submitted to BLM by BSNC as prioritized lands. Salmon Lake is located about 38 miles north of Nome, Alaska.

This agreement avoids further administrative appeals or litigation and is a sensible, fair and amicable resolution to some thorny land issues that have faced the parties for many years, caused in part by the competing land selections of the State of Alaska and BSNC.

BSNC's interest in the lands is primarily for subsistence and recreation purposes. With the harsh climate of the Bering Straits Region through many months of the year, the Salmon Lake area provides a place for families to engage in subsistence and recreation activities. It receives substantial use by local residents and this agreement preserves that ability for them to continue such uses.

Under the Agreement, the Bureau of Land Management (BLM) retains ownership and administration of a 9-acre campground located at the outlet of Salmon Lake, and within those lands to be conveyed to BSNC under this agreement. This BLM campsite provides road accessible public camping opportunities. An additional easement is granted to the public through lands to be conveyed to BSNC to access Salmon Lake. The agreement also preserves access to BLM managed lands in the Kigluaik Mountain Range.

The agreement completes the previously submitted priorities for land BSNC is entitled to receive under ANCSA. The lands included in the agreement are lands that were validly selected by BSNC pursuant to the Alaska Native Claims Settlement Act. It does not provide BSNC with any additional land beyond the amount of its entitlement. It will greatly assist the BSNC in its mission of assisting members of the regional corporation to be able to engage in subsistence activities in an area where recreation opportunities are also available. For people who live in such challenging weather and economic conditions, places such as Salmon Lake provide unique and important opportunities to participate in traditional subsistence and cultural activities that are crucial to a rural subsistence way of life.

It is important to the people of the Bering Straits Region that this agreement be completed. There are many challenges that the people of the region face. Ratifying this agreement will certainly lessen some of those challenges in a positive and constructive way. I urge my colleagues to support this legislation that is so important for the Inupiat people of the Bering Straits Region.

Madam Speaker, I submit the following:

Bill Number: H.R. 2638, Air Force, RDT&E, Line 221, PE# 0708611F (Support Systems Development).

Legal name and address of entity receiving earmark: Biomass Energy Systems, Inc., 100 Overlook Center, 2nd Floor, Princeton, NJ 08540.

Description of how the money will be spent and why the use of federal taxpayer funding is justified: This project is underway to introduce alternative energy sources based on locally available resources for the USDOD and in Alaska. The Air Force, APTO, Eielson AFB and BESI have forged an alliance to create an alternative energy source program to be implemented in Alaska. The program consists of three phases. First, an integrated waste to energy system consisting of waste gasification, gas cleanup, and a gas engine to convert waste-based fuel gas to electricity will be demonstrated using wood waste and other locally generated wastes will be located at Eielson AFB in Fairbanks, AK. After the testing is complete and any modifications are identified, the gasification system will be relocated to a local village, to demonstrate the system in a typical local setting as a backup source of power. After testing the system under local conditions is completed, the system will be integrated in parallel with the existing petroleum- based system. Initially the system will operate as backup for the existing system with a gradual change over to a primary role. This provides a practical model of sustainable renewable energy for the USDOD facilities, as well as the Alaskan villages.

Description of matching funds: BESI is currently under contract to the U.S. Air Force, APTO to deliver a final design for a 1MW system for Eielson Air Force Base in Alaska.

This is a Congressionally funded project from FY 07 and the contract is worth $848,040.00.

Appropriated Amount: $2,400,000.

Project Name: Eielson Air Force Base Alternative Energy Source Program.

Detailed Finance Plan:

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Item Cost ------------------------------------------------------------------------ Equipment Gasifier and Genset.............................. $1,430,000 Instrumentation and Controls............................... 330,000 Construction & Installation................................ 200,000 Shakedown.................................................. 200,000 Project Management......................................... 240,000

Madam Speaker, I yield myself as much time as I may consume.

(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)

During hearings on this bill, the committee heard testimony from historian David Hackett Fischer, whose writings on the Revolutionary War point out George Washington's support for property rights and strong actions that he took to ensure that his soldiers respect the property of civilians, even when the property belonged to a Tory sympathizer.

Washington personally gave strict orders to forbid looting, even though plunder was the norm at the time, and even though many of his men were hungry, dressed in rags and marched barefoot in the snow. It is remarkable that in so desperate a situation with so noble a cause, he imposed on the Patriot side such a high standard on private property.

Washington's honorable policy stood in stark contrast to the routine seizure of booty by the British and Hessian troops. It is no accident over the course of the early years of the war, 1776 and 1777, in the battleground of New Jersey, a population that was once evenly divided in its loyal threw its support to the American cause. There are lessons we can learn from Washington's example.

In earlier battlefield protection efforts, the National Park Service uses its eminent domain powers to seize land from unwilling sellers. The justified resentment of this caused hurt and subsequent efforts.

Our enthusiasm for battlefield protection notwithstanding, I hope as we set out to preserve historic sites that we copy George Washington, not George III.

I reserve the balance of my time.

I have no further speakers, and I yield back the balance of my time.

Madam Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

I yield myself such time as I may consume.

(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)

The American Civil War captures the imagination of people like no other event in our history. In bookstores, most shelves in the history section are devoted to events of the 1860s. On weekends, battles are reenacted by serious hobbyists who strive for authenticity in costume, weaponry and skirmish details. Pictures of Lincoln are found in countless homes and classrooms, Confederate flags adorn pickup trucks, and the words of the Gettysburg Address are as familiar as the 23rd Psalm.

As a nation, we clearly recognize the continuing importance of the War Between the States. So it is natural that we should try to find appropriate ways to keep safe the places where our great-grandfathers witnessed events so noble and so horrific.

But since our country is about liberty rather than glorification of the state, we have to safeguard not just the hills and the mud on which they fought but also the freedoms for which they fought. Therefore, it would be tragic if we allow our well-meaning enthusiasm for protecting historic sites to result in programs that diminish the property rights of our fellow citizens. This bill has two important safeguards: First, a ``willing seller'' provision--and we need to make sure the seller's willingness is uncoerced. Second, a sunset provision on the program's funding authorization. The bill's sponsors are to be commended for including these safeguards.

I reserve the balance of my time.

I at this time, Madam Speaker, yield 3 minutes to the gentleman from California (Mr. Campbell).

Madam Speaker, we have no further requests for time, and I yield back the balance of my time.

Madam Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Madam Speaker, I yield myself such time as I may consume.

I rise in strong support of this legislation. The Palo Alto battlefield in Brownsville, Texas is the site of the second battle of the U.S. War with Mexico. During the battle, American forces drove Mexican troops back across the Rio Grande River. This bill adds 34 acres to the Palo Alto Battlefield National Historic Site and provides for a cooperative agreement under which the Brownsville Community Foundation and the National Park Service would co-manage this land that is owned by the foundation.

I reserve the balance of my time.

I have no other requests for speakers. I yield back the balance of my time.

Madam Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.