Floor Statements

Mr. President, I ask unanimous consent that Juliana

Manzanarez and Jonquilyn Hill, who are interns in my office, be given floor privileges during the pendency on this tax extenders bill, H.R. 4213.

Mr. President, I come to the floor to urge quick confirmation of President Obama's nominee, Dr. Donald Berwick, to become the Administrator for the Centers for Medicare and Medicaid Services, also known as CMS. He is highly qualified and capable. This is an extremely important position for which he has been nominated.

Unfortunately, according to recent press reports, it appears that some who oppose the new health reform law are hoping to use Dr. Berwick's confirmation process as a forum to debate the merits of this new health reform law which has now been enacted.

In my view, whether Senators favored or opposed the enactment of health care reform legislation, it is clearly in the interests of our country that we have a capable Administrator to implement the new law. Over the last year and a half, there has been an enormous focus in Congress on addressing the very serious problems facing our health care system. It is important the President's choice to head the CMS be confirmed so that he can take up the enormous challenge and the enormous opportunity that is presented by the enactment of this new legislation.

It is clear our Nation has urgent needs. This is not a time for the Senate to delay Dr. Berwick's nomination. I recently spent time with Dr. Berwick at the annual Health Policy Conference headed by the Commonwealth Fund this last January. I was impressed both with the depth of his understanding of the many issues facing the health care system as well as his passion for improving the quality of health care and his impressive successes in doing so.

Dr. Berwick has dedicated his career to finding ways to make our health care system work better for patients and cost less for taxpayers. These are core missions he will take on as our next CMS Administrator.

Don is the founder and CEO of the Institute for Health Care Improvement. He is a professor of health policy at the Harvard Medical School and the School of Public Health, and he is a practicing physician at some of our Nation's top hospitals. He has held numerous leadership roles at the institutions that ensure quality care in America, including service on the board of the American Hospital Association and as chair of the Advisory Council for the Agency for Healthcare Research and Quality.

Don's vast experience with our health care system, his award-winning career as an expert in health care quality, make him the ideal candidate to lead CMS at this critical time. The historic health reform legislation that President Obama signed into law this year takes significant steps to strengthen Medicare, reduce waste, fraud, and abuse in the system, and makes critical improvements in the way care is delivered. Implementing those changes in the smartest and most effective way is going to require an Administrator who has seen firsthand what it takes to make meaningful improvements in health care quality and efficiency. It is also going to take an Administrator with a passion to get the job done right.

Don Berwick has both. That is why he was chosen by President Obama to be the next CMS Administrator. His nomination has won praise from across the political and professional spectrum, including former CMS Administrators who served Republican Presidents. For example, Thomas A. Scully, who was CMS Administrator under President George W. Bush between 2001 and 2003, said:

Dr. Berwick is about as noncontroversial and well liked as

you can get. You are not going to do any better.

Mark McClellan, CMS Administrator under George W. Bush from 2004 to 2006 said the following:

What happens at CMS over the next couple of years will

determine whether the new legislation actually improves

quality and lowers costs. Don has a unique background both in

improving quality care on the ground and thinking about how

our Nation's health care policies need to be reformed to help

make that happen.

Dr. Nancy H. Nielsen, M.D., immediate past president of the American Medical Association, said:

We welcome President Obama's nomination of Dr. Donald

Berwick to be administrator of the Centers for Medicare and

Medicaid services. He is widely known and well respected for

his visionary leadership efforts that focus on optimizing the

quality and safety of patient care in hospitals and across

health care settings.

Dr. John Rather, the executive vice president of AARP, said:

Dr. Berwick's expertise on healthcare innovation and his

dedication to quality improvement and patient safety would

benefit the millions of low-income and older Americans served

by Medicare and Medicaid. His appointment is welcome news to

Medicare beneficiaries, as it signals that quality and safety

will be at the top of the agenda.

Finally, our former colleague, Dave Durenberger, a Republican from Minnesota, said:

President Obama let us know he means business on ``bending

the medical cost curve'' by nominating Dr. Don Berwick as

head of the Center for Medicare and Medicaid services. . .

.This appointment will be taken as an indication that health

policy and health system reform is likely to be this

President's top priority in his first term. We all know that

Don Berwick has the ability to make both work.

There is broad consensus that the nomination of Dr. Berwick is an excellent choice by President Obama. Our country needs Dr. Berwick's remarkable talents now, and every day his confirmation stalls or is delayed is a missed opportunity to ensure his unparalleled leadership is directing our Nation's largest and most influential health care agency.

I urge my colleagues on both sides of the aisle to swiftly approve his nomination.

I yield the floor.

Mr. President, I would like to announce for the information of the Senate and the public that a business meeting has been scheduled before the Committee on Energy and Natural Resources. The business meeting will be held on Wednesday, June 16, 2010, at 11 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the business meeting is to consider pending legislation.

For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. President, I will vote ``no'' on the Murkowski resolution of disapproval. Senator Murkowski and I have worked together on a comprehensive energy bill this Congress and also on a cap-and- trade bill in the last Congress. She has been very consistent in her view that we need to act on the issue of global warming but that we need to be sensitive to the impacts of such legislation on our economy.

I appreciate the concerns she has voiced with respect to the need to protect industry from onerous regulation. I firmly believe those views are sincere. I disagree, however, with the substance of this resolution, in that, regardless of overall intent, it is asking Congress to overturn a scientific finding made by some of our best scientists. In my view, the EPA should not be prevented from continuing its work to reduce greenhouse gas emissions until Congress is able to prescribe a more permanent fix.

For the past several Congresses, we in Congress have been engaged in a dialog on how best to provide a permanent fix. There have been many bills introduced on the topic. We have had several votes on specific legislation. Each time, though, we have fallen short of actually enacting legislation. Now, as a result of the Supreme Court ruling, we are in a situation where the EPA is required by law to take action to regulate greenhouse gas emissions.

There is a near universal agreement among Members of the Senate that it

would be better for Congress, rather than the EPA, to take action and to prescribe the means of regulating greenhouse gases. Congress has the ability to consider the whole economy and the global scope of the problem in a way that is not available to the Administrator of the EPA under the Clean Air Act. Congress can design and enact policy that would be mindful of the wide range of stakeholders and minimize its economic impacts, and ensure a smooth transition to a clean energy economy.

I continue to support action by the Congress to regulate greenhouse gases instead of direct regulation by the EPA under the Clean Air Act. However, the resolution before us is not about whether the EPA should be regulating greenhouse gases or how they should go about it. We are, instead, being asked to vote on whether the EPA was correct in its finding that ``current and increasing levels of greenhouse gases threaten the public health and welfare of current and future generations.''

Frankly, there is nothing controversial in this fundamental scientific finding. It has survived intense scrutiny by thousands of scientists and interested parties the world over in the past decades. Just last month, in a report delivered by the National Academies of Science at the request of Congress, this finding was further supported by our Nation's top scientists. So this vote would amount to a congressional rejection of the most basic findings of climate science, and how we vote today will be looked on by many, including the international community, as they evaluate America's commitment to address this global problem.

Finally, I have reviewed the EPA's actions on greenhouse gas emissions and their recent tailoring rule that would ensure that only the very largest sources would be subject to any kind of regulation. Of these very large sources, only those that are new or are pursuing major modifications will be required to implement new control technologies.

As EPA considers what technologies must be implemented, the economic viability of the technology is taken into account as well. I believe it is important that EPA continue with its work and that we in Congress get on with taking the steps we need to take. For these reasons, I urge a ``no'' vote on this resolution.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Energy. The hearing will be held on Tuesday, June 15, 2010, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to receive testimony on the following bills:

S. 3460, a bill to require the Secretary of Energy to provide funds to states for rebates, loans, and other incentives to eligible individuals or entities for the purchase and installation of solar energy systems for properties located in the United States, and for other purposes.

S. 3396, a bill to amend the Energy Policy and Conservation Act to establish within the Department of Energy a Supply Star program to identify and promote practices, companies, and products that use highly efficient supply chains in a manner that conserves energy, water, and other resources.

S. 3251, a bill to improve energy efficiency and the use of renewable energy by Federal agencies, and for other purposes.

S. 679, a bill to establish a research, development, demonstration, and commercial application program to promote research of appropriate technologies for heavy duty plug-in hybrid vehicles, and for other purposes.

S. 3233, a bill to amend the Atomic Energy Act of 1954 to authorize the Secretary of Energy to barter, transfer, or sell surplus uranium from the inventory of the Department of Energy, and for other purposes.

S. 2900, a bill to establish a research, development, and technology demonstration program to improve the efficiency of gas turbines used in combined cycle and simple cycle power generation systems.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to [email protected] .gov.

For further information, please contact Alicia Jackson or Abigail Campbell.

Mr. President, I suggest the absence of a quorum.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Wednesday, June 9, 2010, at 9:30 a.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to receive testimony on issues related to the Department of the Interior's May 27th report: Increased Safety Measures for Energy Development on the Outer Continental Shelf, including oversight of recent actions recommended by the Department to address the safety of offshore oil development.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to Abigail_Campbell@energy .senate.gov.

For further information, please contact Linda Lance or Abigail Campbell.

Committee on Energy and Natural Resources

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Lands and Forests. The hearing will be held on Wednesday, June 16, 2010, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is receive testimony on the following bills:

S. 3294, to establish certain wilderness areas in central Idaho and to authorize various land conveyances involving National Forest System land and Bureau of Land Management land in central Idaho;

S. 3310, to designate certain wilderness areas in the National Forest System in the State of South Dakota; and

S. 3313, to withdraw certain land located in Clark County, Nevada from location, entry, and patent under the mining laws and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact David Brooks or Allison Seyferth.

Committee on Energy and Natural Resources

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, June 24, 2010, at 9:30 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on S. 3452, a bill to designate the Valles Caldera National Preserve as a unit of the National Park System, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact David Brooks or Allison Seyferth.

Mr. President, I rise to introduce the Home Star Energy Retrofit Act of 2010 and to recognize the original cosponsors of the bill: Senator Warner, Senator Graham, Senator Snowe, Senator Sanders, Senator Brown of Massachusetts, Senator Merkley, Senator Stabenow, Senator Dodd, Senator Gillibrand, Senator Carper, Senator Pryor and Senator Harkin. This innovative legislation will save consumers money, create American skilled labor jobs, and reduce home energy consumption.

If enacted, HOME STAR will build on existing policies and initiatives that have already proved effective. The program is supported by a broad coalition of over 600 groups including construction contractors, building products and mechanical manufacturers, retail sales businesses, environmental groups and labor advocates.

HOME STAR will provide point-of-sale instant savings to encourage homeowners to install residential energy upgrades such as air sealing, insulation, and high efficiency furnaces and water heaters.

HOME STAR incorporates a two-tiered approach that will offer flexibility to homeowners when choosing efficiency improvements to install. Under the Silver Star program, rebates averaging $1,000 will be offered for the installation of each eligible energy-saving measure such as new insulation and high-efficiency heating and cooling systems, up to maximum of $3,000 per home. Under the Gold Star program, there will be performance-based grants of $3,000 for a 20 percent reduction in home energy consumption and $1,000 for each additional 5 percent of verified energy reduction as determined by a comparison of the energy consumption of the home before and after the retrofit.

In addition to the short-term rebate programs in Home Star, our revised bill includes longer term efficiency tax policies to maintain the momentum for energy efficient home retrofits. These performance- based energy improvement tax credits will encourage the continuation of Gold Star-type whole home retrofits.

HOME STAR will create American jobs in the construction industry, which has lost 1.6 million jobs since December 2007, with unemployment rates topping 25 percent in some regions. HOME STAR leverages private investment to create a strong market for home energy retrofits, and will put hundreds of thousands of unemployed Americans back to work as well as stimulating demand for building materials produced by American factories.

Finally, HOME STAR will reduce home energy consumption and dependence on foreign oil. HOME STAR helps Americans pay for cost-effective home improvements, create permanent reductions in household energy bills, and reduce our national carbon footprint. Residential energy efficiency improvements covered by the HOME STAR program reduce energy waste in most homes by 20 to 40 percent. When combined with low-interest financing, these retrofits can be cash-flow positive upon project completion. An initiative with a potential to retrofit over 3 million homes, HOME STAR will achieve significant reductions in building- related greenhouse gas emissions while generating long-term energy savings for American consumers and reducing energy usage by an amount equal to four 300 megawatt power plants.

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

Mr. President, I rise today to introduce legislation that would transfer administrative jurisdiction of the Valles Caldera National Preserve from the Valles Caldera Trust to the National Park Service. I am pleased that my colleague from New Mexico, Tom Udall, is cosponsoring the bill.

Between the New Mexico communities of Jemez Springs and Los Alamos, lies the Valle Grande, a magnificent valley surrounded by foothills and forested mountains. When standing in this valley, visitors begin to realize they are actually inside a larger bowl-shaped formation. This is the Valles Caldera--one of only three supervolcanoes in the United States. The oldest of the three--having formed 1.25 million years ago-- the Valles Caldera is also the smallest. Yet the caldera rim spans more than 100,000 acres in area whose violent eruption created a volcanic ash plume that stretched from northern Utah to central Kansas. Because of its relatively small size as compared to the two other supervolcanoes in the U.S.--Yellowstone, WY, and Long Valley, CA, the Valles Caldera provides visitors with excellent opportunities to learn about large volcanic eruptions and their impacts on surrounding landscapes while they stand in a single space to experience one of the world's best examples of an intact resurgent caldera. In 1975, the Valles Caldera received formal recognition as an outstanding and nationally significant geologic resource when it was designated a National Natural Landmark.

As is the case in many parts of New Mexico, the geologic history of the Valles Caldera is inextricably linked to our State's cultural history. For example, the people of Jemez Pueblo chose the area as the best site to establish their community. The Valles Caldera and the adjacent Jemez Mountains provided the Pueblo with an ample food and water supply, natural defenses, and weapon-making materials present in the many obsidian quarries found in the area. In fact, the obsidian was of such high quality that spearheads made from these quarries have been discovered as far away as eastern Mississippi and northern Mexico. Needless to say, the Valles Caldera and the peaks that formed within it are sacred and highly revered by Jemez Pueblo and many other nearby tribes and pueblos.

The volcanic ash dispersed by the volcano's eruption also had a lasting impact on the history of migration and settlement by Ancestral Puebloan people in the region. As the ash and pumice settled, it formed layers of sediment, and over time, rivers helped to carve these layers into deep canyons. Archeologists have found evidence of nomadic tribes following large mammals into the region, and Ancestral Puebloans built homes alongside and into the soft canyon walls. Many of these awe- inspiring settlements are protected in Bandelier National Monument, where the National Park Service educates visitors about how the unique volcanic history of the Valles Caldera made these settlements possible.

There is no question that this area is worthy of Federal protection, and efforts to preserve this area were proposed as early as 1899. However, it was only ten years ago that the Federal government was finally able to acquire this property for the American people. At that time, Senator Domenici and I were successful in passing the Valles Caldera Preservation Act which authorized the acquisition of the property and established an experimental framework for the management of the Preserve for a period of 20 years. The legislation established the Valles Caldera Trust, composed of a nine-member board of trustees, whose members are appointed by the President and have particular expertise in fields important to the management of the Preserve. The bill also directed the Trust to manage the Preserve in a manner that would achieve financial self-sustainability after fifteen years. Five years thereafter, the Trust would be Although the individual members have done their best to fulfill the original legislative directives, time has shown in my opinion that this management framework is not the best suited for the long-term management of the Preserve.

Part of the experimental management framework was a requirement that the Valles Caldera Trust manage the Preserve in a manner that would achieve financial self-sustainability while providing for public access and protection of the Preserve's natural and cultural resources. This has proved to be a virtually impossible mandate to satisfy. Since its inception, the Preserve has not received adequate funding under the current arrangement and is unlikely to in the foreseeable future. In addition, most members of the board and outside observers believe the Trust will be unable to achieve the financial self-sustainability requirements called for by the original Act. The Trust has also indicated an infusion of approximately $15 million may be necessary to complete construction and deferred maintenance costs on the Preserve. I do not believe this funding will be forthcoming under the current management and budgetary framework. Moreover, much of the funding responsibility has been laid on the shoulders of Congress to provide the necessary annual funding that is not included in the President's annual budget. This arrangement is not sustainable in my opinion, and the existing statutory termination of the trust is looming.

With that said, the trust and its executive staff have made valuable progress in various areas of management. One prime example is the science and education program established by the Trust. Through the scientific activities on the preserve, the trust has been able to adapt its management based on the ecological demands of the caldera. The trust has promoted the scientific research of flora and fauna on the preserve and the impacts of climate change in the Jemez Mountains to cite a few of their ongoing activities. It is my belief that the transition in management should allow for the retention of the best management practices that the Trust has achieved.

Many New Mexicans have told me that they would like the preserve to be managed by an agency that will expand visitation and recreational opportunities while also ensuring the protection of the preserve's unique resources. Simply put, while my constituents eagerly want more access, they have stated clearly and directly--``Don't overrun it.''

I believe the National Park Service is best suited to manage the preserve while ensuring its long-term conservation.

The National Park Service's mission supports the activities called for most by my constituents, including expanded recreational opportunities, scientific study, and the interpretation of the natural and cultural resources in the preserve. As I discussed earlier, the Preserve provides a world-class opportunity for the interpretation of the geologic history of this unique area and of the fascinating geologic and cultural history that binds the Valles

Caldera and Bandelier National Monument.

Under our proposed legislation, management of the Valles Caldera National Preserve will be transferred to the National Park Service to be administered as a unit of the National Park System. The bill directs the Park Service to manage the Preserve to protect and preserve its natural and cultural resources, including its nationally significant geologic resources. Hunting and fishing would continue to be allowed, and grazing would also continue to be permitted. The National Park Service would also be directed to establish a science and education program utilizing the best practices created by the trust, as I discussed earlier.

The legislation would maintain the existing character of the preserve while strengthening protections for tribal, cultural, and religious sites and providing access by pueblos to the preserve. In addition, in consultation with the surrounding pueblos, restrictions will be put in place on the development and motorized vehicle use on the sacred volcanic domes within the preserve, similar to the current restrictions on Redondo Peak, the highest peak within the preserve.

I would like to emphasize that in no way is this legislation a criticism of the good work and valuable accomplishments made by the Board Members of the Valles Caldera Trust and the preserve staff. However, I believe having the preserve managed by the National Park Service--an agency with a mission protecting natural, historic, and cultural resources while also providing for public enjoyment of those resources--is more appropriate for the long-term future of the Valles Caldera. In my view, the desire for increased public access, balanced with the need to protect and interpret the Preserve's unique cultural and natural resources, would be best served by National Park Service management of the preserve.

It is my strong belief that transferring management of the Valles Caldera National Preserve to the National Park Service will be the best way to ensure the protection and enjoyment of the preserve over the long term. I urge my colleagues to support the bill as it is considered in the Senate.

The Los Alamos County Council and Los Alamos Chamber of Commerce have submitted resolutions in support of National Park Service management of the preserve. Mr. President, I ask unanimous consent that these resolutions be printed in the Record.

Mr. President, I rise to introduce the Home Star Energy Retrofit Act of 2010 and to recognize the original cosponsors of the bill: Senator Warner, Senator Graham, Senator Snowe, Senator Sanders, Senator Brown of Massachusetts, Senator Merkley, Senator Stabenow, Senator Dodd, Senator Gillibrand, Senator Carper, Senator Pryor and Senator Harkin. This innovative legislation will save consumers money, create American skilled labor jobs, and reduce home energy consumption.

If enacted, HOME STAR will build on existing policies and initiatives that have already proved effective. The program is supported by a broad coalition of over 600 groups including construction contractors, building products and mechanical manufacturers, retail sales businesses, environmental groups and labor advocates.

HOME STAR will provide point-of-sale instant savings to encourage homeowners to install residential energy upgrades such as air sealing, insulation, and high efficiency furnaces and water heaters.

HOME STAR incorporates a two-tiered approach that will offer flexibility to homeowners when choosing efficiency improvements to install. Under the Silver Star program, rebates averaging $1,000 will be offered for the installation of each eligible energy-saving measure such as new insulation and high-efficiency heating and cooling systems, up to maximum of $3,000 per home. Under the Gold Star program, there will be performance-based grants of $3,000 for a 20 percent reduction in home energy consumption and $1,000 for each additional 5 percent of verified energy reduction as determined by a comparison of the energy consumption of the home before and after the retrofit.

In addition to the short-term rebate programs in Home Star, our revised bill includes longer term efficiency tax policies to maintain the momentum for energy efficient home retrofits. These performance- based energy improvement tax credits will encourage the continuation of Gold Star-type whole home retrofits.

HOME STAR will create American jobs in the construction industry, which has lost 1.6 million jobs since December 2007, with unemployment rates topping 25 percent in some regions. HOME STAR leverages private investment to create a strong market for home energy retrofits, and will put hundreds of thousands of unemployed Americans back to work as well as stimulating demand for building materials produced by American factories.

Finally, HOME STAR will reduce home energy consumption and dependence on foreign oil. HOME STAR helps Americans pay for cost-effective home improvements, create permanent reductions in household energy bills, and reduce our national carbon footprint. Residential energy efficiency improvements covered by the HOME STAR program reduce energy waste in most homes by 20 to 40 percent. When combined with low-interest financing, these retrofits can be cash-flow positive upon project completion. An initiative with a potential to retrofit over 3 million homes, HOME STAR will achieve significant reductions in building- related greenhouse gas emissions while generating long-term energy savings for American consumers and reducing energy usage by an amount equal to four 300 megawatt power plants.

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

Mr. President, I rise today to introduce legislation that would transfer administrative jurisdiction of the Valles Caldera National Preserve from the Valles Caldera Trust to the National Park Service. I am pleased that my colleague from New Mexico, Tom Udall, is cosponsoring the bill.

Between the New Mexico communities of Jemez Springs and Los Alamos, lies the Valle Grande, a magnificent valley surrounded by foothills and forested mountains. When standing in this valley, visitors begin to realize they are actually inside a larger bowl-shaped formation. This is the Valles Caldera--one of only three supervolcanoes in the United States. The oldest of the three--having formed 1.25 million years ago-- the Valles Caldera is also the smallest. Yet the caldera rim spans more than 100,000 acres in area whose violent eruption created a volcanic ash plume that stretched from northern Utah to central Kansas. Because of its relatively small size as compared to the two other supervolcanoes in the U.S.--Yellowstone, WY, and Long Valley, CA, the Valles Caldera provides visitors with excellent opportunities to learn about large volcanic eruptions and their impacts on surrounding landscapes while they stand in a single space to experience one of the world's best examples of an intact resurgent caldera. In 1975, the Valles Caldera received formal recognition as an outstanding and nationally significant geologic resource when it was designated a National Natural Landmark.

As is the case in many parts of New Mexico, the geologic history of the Valles Caldera is inextricably linked to our State's cultural history. For example, the people of Jemez Pueblo chose the area as the best site to establish their community. The Valles Caldera and the adjacent Jemez Mountains provided the Pueblo with an ample food and water supply, natural defenses, and weapon-making materials present in the many obsidian quarries found in the area. In fact, the obsidian was of such high quality that spearheads made from these quarries have been discovered as far away as eastern Mississippi and northern Mexico. Needless to say, the Valles Caldera and the peaks that formed within it are sacred and highly revered by Jemez Pueblo and many other nearby tribes and pueblos.

The volcanic ash dispersed by the volcano's eruption also had a lasting impact on the history of migration and settlement by Ancestral Puebloan people in the region. As the ash and pumice settled, it formed layers of sediment, and over time, rivers helped to carve these layers into deep canyons. Archeologists have found evidence of nomadic tribes following large mammals into the region, and Ancestral Puebloans built homes alongside and into the soft canyon walls. Many of these awe- inspiring settlements are protected in Bandelier National Monument, where the National Park Service educates visitors about how the unique volcanic history of the Valles Caldera made these settlements possible.

There is no question that this area is worthy of Federal protection, and efforts to preserve this area were proposed as early as 1899. However, it was only ten years ago that the Federal government was finally able to acquire this property for the American people. At that time, Senator Domenici and I were successful in passing the Valles Caldera Preservation Act which authorized the acquisition of the property and established an experimental framework for the management of the Preserve for a period of 20 years. The legislation established the Valles Caldera Trust, composed of a nine-member board of trustees, whose members are appointed by the President and have particular expertise in fields important to the management of the Preserve. The bill also directed the Trust to manage the Preserve in a manner that would achieve financial self-sustainability after fifteen years. Five years thereafter, the Trust would be Although the individual members have done their best to fulfill the original legislative directives, time has shown in my opinion that this management framework is not the best suited for the long-term management of the Preserve.

Part of the experimental management framework was a requirement that the Valles Caldera Trust manage the Preserve in a manner that would achieve financial self-sustainability while providing for public access and protection of the Preserve's natural and cultural resources. This has proved to be a virtually impossible mandate to satisfy. Since its inception, the Preserve has not received adequate funding under the current arrangement and is unlikely to in the foreseeable future. In addition, most members of the board and outside observers believe the Trust will be unable to achieve the financial self-sustainability requirements called for by the original Act. The Trust has also indicated an infusion of approximately $15 million may be necessary to complete construction and deferred maintenance costs on the Preserve. I do not believe this funding will be forthcoming under the current management and budgetary framework. Moreover, much of the funding responsibility has been laid on the shoulders of Congress to provide the necessary annual funding that is not included in the President's annual budget. This arrangement is not sustainable in my opinion, and the existing statutory termination of the trust is looming.

With that said, the trust and its executive staff have made valuable progress in various areas of management. One prime example is the science and education program established by the Trust. Through the scientific activities on the preserve, the trust has been able to adapt its management based on the ecological demands of the caldera. The trust has promoted the scientific research of flora and fauna on the preserve and the impacts of climate change in the Jemez Mountains to cite a few of their ongoing activities. It is my belief that the transition in management should allow for the retention of the best management practices that the Trust has achieved.

Many New Mexicans have told me that they would like the preserve to be managed by an agency that will expand visitation and recreational opportunities while also ensuring the protection of the preserve's unique resources. Simply put, while my constituents eagerly want more access, they have stated clearly and directly--``Don't overrun it.''

I believe the National Park Service is best suited to manage the preserve while ensuring its long-term conservation.

The National Park Service's mission supports the activities called for most by my constituents, including expanded recreational opportunities, scientific study, and the interpretation of the natural and cultural resources in the preserve. As I discussed earlier, the Preserve provides a world-class opportunity for the interpretation of the geologic history of this unique area and of the fascinating geologic and cultural history that binds the Valles

Caldera and Bandelier National Monument.

Under our proposed legislation, management of the Valles Caldera National Preserve will be transferred to the National Park Service to be administered as a unit of the National Park System. The bill directs the Park Service to manage the Preserve to protect and preserve its natural and cultural resources, including its nationally significant geologic resources. Hunting and fishing would continue to be allowed, and grazing would also continue to be permitted. The National Park Service would also be directed to establish a science and education program utilizing the best practices created by the trust, as I discussed earlier.

The legislation would maintain the existing character of the preserve while strengthening protections for tribal, cultural, and religious sites and providing access by pueblos to the preserve. In addition, in consultation with the surrounding pueblos, restrictions will be put in place on the development and motorized vehicle use on the sacred volcanic domes within the preserve, similar to the current restrictions on Redondo Peak, the highest peak within the preserve.

I would like to emphasize that in no way is this legislation a criticism of the good work and valuable accomplishments made by the Board Members of the Valles Caldera Trust and the preserve staff. However, I believe having the preserve managed by the National Park Service--an agency with a mission protecting natural, historic, and cultural resources while also providing for public enjoyment of those resources--is more appropriate for the long-term future of the Valles Caldera. In my view, the desire for increased public access, balanced with the need to protect and interpret the Preserve's unique cultural and natural resources, would be best served by National Park Service management of the preserve.

It is my strong belief that transferring management of the Valles Caldera National Preserve to the National Park Service will be the best way to ensure the protection and enjoyment of the preserve over the long term. I urge my colleagues to support the bill as it is considered in the Senate.

The Los Alamos County Council and Los Alamos Chamber of Commerce have submitted resolutions in support of National Park Service management of the preserve. Mr. President, I ask unanimous consent that these resolutions be printed in the Record.

Mr. President, I have five amendments I would like to speak briefly about that I will not call up at this point. I was advised they are still trying to see if there is any objection to these being called up. I would still like to discuss them and explain to people why I would like to see these amendments adopted.

The first amendment I want to discuss is amendment No. 4279 related to bark beetles. This is a serious problem all of us in the West have observed. This amendment is cosponsored by Senator Murkowski, who is the ranking member on our Energy and Natural Resources Committee, Senator Udall of Colorado, and Senator Bennet of Colorado. We are, of course, looking for additional cosponsors.

This amendment addresses an important issue we have in our forests in the West. Bark beetles have affected some 6.5 million acres of these forests. The epidemic has resulted in a dangerous situation where dead trees are falling onto roads, trails, campgrounds, utility lines, and other infrastructure, posing a substantial risk of personal injury or death and property damage.

The Forest Service and National Park Service already have had to redirect tens of millions of dollars of funds that were appropriated for other projects and priorities in order to remove trees killed by bark beetles.

This amendment provides $50 million to help address the unbudgeted needs of the Forest Service and the National Park Service to remove bark-beetle-killed trees around roads, trails, campgrounds, and utility lines to protect public health and safety.

While the bark beetle epidemic has most significantly affected the forests and agency budgets in the central and northern Rockies, the need to redirect funds to address these needs has an adverse affect on other projects around the country.

The amendment is fully paid for. As I mentioned before, I appreciate that Senator Udall of Colorado--who has been a strong advocate for doing this work--has cosponsored the amendment, along with Senators Murkowski and Bennet of Colorado. Senators Johnson and Baucus also have advocated for emergency funding for this work.

I hope we can quickly get approval to go ahead and call up this amendment so it can be considered as part of this legislation.

The next amendment I wanted to discuss briefly is No. 4266, regarding Coast Guard funding.

This amendment looks around the corner, or beyond the horizon a little bit, at a problem that is likely to hit us in the future. Under the Oil Pollution Act, if BP denies the claim for damages associated with the Deepwater Horizon disaster, the rejected claimant has the right to file a claim with the Federal Government through the National Pollution Funds Center. I can see a virtual inevitability that this will occur and perhaps occur reasonably soon. Then the National Pollution Funds Center could find itself swamped with claims. They do not have adequate funds in their annual appropriation to deal with it.

The amendment simply allows them, for this one incident, to access further appropriations for these administrative costs. I think it is prudent for us to do this in light of what may well transpire in the reasonably near future.

The third amendment I want to talk about deals with the abandoned mine lands legislation we have on the books. I added Senator Bunning as a cosponsor. It is amendment No. 4187.

This amendment would clarify that certain funds provided to the States under the Abandoned Mine Lands Program, administered by the Department of the Interior, could be used for two purposes: No. 1, for high-priority noncoal reclamation as well as coal reclamation; and, second, for State set-aside programs for the remediation of acid line drainage. The funds involved are those that have accrued to the States under the formula in the Surface Mining Control and Reclamation Act but had not been previously appropriated. Use of these funds for noncoal reclamation and acid mine drainage had been allowed prior to amendments made by the Tax Relief and Health Care Act of 2006. There was no intent at that time to change that result.

However, in 2007, the Solicitor in the Department of the Interior interpreted the amendments that we adopted in 2006 as limiting the ability of States to use these funds under the Abandoned Mine Lands Program for these purposes.

With respect to the use of funds for noncoal reclamation, while activities on noncoal sites have consumed a relatively insignificant portion of the funding provided for the overall AML Program, use of targeted funds for high-priority noncoal abandoned mines in the West is essential in terms of public health and safety.

With respect to the use of funds for acid mine drainage, allowing the funds to again be used for State set-aside programs for remediation of acid mine drainage has considerable benefits in terms of the environment and water quality, particularly in Appalachian States such as Kentucky and Pennsylvania and West Virginia.

This amendment does not score. It does not increase any funding to the States or to the tribes. It simply clarifies that States have the flexibility to use AML funds for these two uses, as was the case prior to the 2006 amendments, and at the appropriate time I will offer that amendment as well.

Let me discuss one other amendment. I have two other amendments I want to discuss. The first is amendment No. 4267.

The amendment I have mentioned contains a number of process improvements to help the DOE Loan Guarantee Program to operate more efficiently and effectively. I am pleased to have Senators Murkowski and Shaheen as cosponsors of this amendment.

The amendment does six important things:

No. 1, it provides the flexibility to allow applicants to pay a portion of the credit subsidy cost, in concert with the use of appropriations for other parts of the cost. This feature will allow us to make more effective use of the appropriations provided to the program.

No. 2, it drops the requirement for expensive third-party credit reports in cases where the projects are small and are being proposed by start-up firms, which generally do not have a credit rating. The Department would treat these firms as having the lowest credit rating, which is what start-up firms

without a balance sheet generally have in any case.

No. 3, it provides enhanced hiring authorities for the DOE loan guarantee office and for professional advisors to help analyze projects being proposed for support through the program and the related advanced vehicle technology loan guarantee program.

No. 4, it fixes a glitch in DOE's rules for the loan guarantee program that prevents a project being guaranteed from being located on more than one site.

No. 5, the amendment also removes a requirement that keeps an applicant from submitting more than one application to the program.

No. 6, finally, the amendment allows the loan guarantee appropriation made as part of the Recovery Act to be used for energy efficiency projects, in addition to renewable energy and electricity transmission projects.

These proposed changes have substantial bipartisan and bicameral support. They do not add to the score of this bill, but will greatly help move the loan guarantee program forward.

I urge the adoption of this amendment.

The final amendment I want to speak briefly about is amendment No. 4268.

Amendment No. 4268 contains an important process improvement to help the Department of Energy Loan Guarantee Program to operate more efficiently and effectively. It sets a 30-day limit for dealing with or reviewing loan guarantee applications by the Office of Management and Budget once they are approved for conditional commitments by the Department of Energy. The time consumed by OMB reviews and the delays this has engendered in the program have been a substantial impediment to the effective functioning of the program.

This amendment would provide for a much greater degree of certainty and clarity in the operation of the program.

Again, I am pleased to have Senator Murkowski as a cosponsor of the amendment. I hope we can adopt it as part of this legislation.

I will wait until I am advised by the floor managers that it is appropriate to call up these amendments, and at that time I will hope to be able to do so. I hope we can get the necessary support to adopt the amendments.

I yield the floor.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and Natural Resources. The hearing will be held on Wednesday, June 9, 2010, at 3 p.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to receive testimony on S. 2891, a bill to further allocate and expand the availability of hydroelectric power generated at Hoover Dam, and for other purposes; S. 2779/H.R. 3671, a bill to promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes; S. 3387, a bill to provide for the release of water from the marketable yield pool of water stored in the Ruedi Reservoir for the benefit of endangered fish habitat in the Colorado River, and for other purposes; S. 3404, a bill to amend the Reclamation Projects Authorization and Adjustment Act of 1992 to require the Secretary of the Interior, acting through the Bureau of Reclamation, to take actions to improve environmental conditions in the vicinity of the Leadville Mine Drainage Tunnel in Lake County, Colorado, and for other purposes; and H.R. 4252 to direct the Secretary of the Interior to conduct a study of water resources in the Rialto-Colton Basin in the State of California, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected] .gov.

For further information, please contact Tanya Trujillo at or Gina Weinstock.

Mr. President, today I am introducing the Supply Star Act of 2010 to drive widespread improvements in supply chain energy efficiency.

Companies today are facing pressure on many fronts--from customers, stockholders, business partners, and regulators--to improve their energy performance in hopes of maximizing profit, minimizing environmental impact, and shielding themselves against the price volatility of fuels. Nearly 90 percent of a company's energy use can come from its supply chains, making supply chain energy efficiency-- encompassing raw materials, manufacturing, packaging, transport, use, and disposal of goods--of significant importance in the transition to a more energy efficient marketplace.

For these reasons, many: corporations are examining supply chain efficiency, not only in hopes of being better corporate citizens, but because it makes good business sense. Decreasing energy use in the supply chain can lead to significant cost reductions and increase competitiveness. However, these efforts face hurdles--especially in small companies--that limit their widespread implementation. Earlier this year, I attended the MIT Energy Conference in Boston, where these hurdles were discussed in some detail by an expert panel. The hurdles include a lack of information and analysis tools for important parts of far-flung supply chains, which often lie far upstream or downstream, and therefore out of sight, of a particular firm, as well as a lack of leverage with which to rive global suppliers toward more efficient practices. Overcoming these challenges requires significant resources and access to global information that is often not available to any one single firm. I was persuaded that efforts to address these challenges would have significant benefit to the country.

The Supply Star Act of 2010 would establish a Supply Star Program within the Department of Energy that builds on the Energy Star Program, as well as existing best practices in industry and the U.S. and international research communities to give companies access to the resources and information they need to successfully drive supply chain efficiency improvements.

The Supply Star Program would provide all companies, particularly small and medium sized businesses, with financing, technical support, training, and sector-wide networks to help significantly improve their supply chain efficiency. The program would also provide public recognition to those businesses that achieve the highest supply chain efficiency standards, rewarding them with a tangible and credible tool to use in external communications about all of their good work and giving consumers and businesses an easy way of seeking out good actors as they make purchasing decisions.

I hope my colleagues will join me in supporting this bill and work to improve the energy efficiency of our economy.

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

Mr. President, today I am introducing the Supply Star Act of 2010 to drive widespread improvements in supply chain energy efficiency.

Companies today are facing pressure on many fronts--from customers, stockholders, business partners, and regulators--to improve their energy performance in hopes of maximizing profit, minimizing environmental impact, and shielding themselves against the price volatility of fuels. Nearly 90 percent of a company's energy use can come from its supply chains, making supply chain energy efficiency-- encompassing raw materials, manufacturing, packaging, transport, use, and disposal of goods--of significant importance in the transition to a more energy efficient marketplace.

For these reasons, many: corporations are examining supply chain efficiency, not only in hopes of being better corporate citizens, but because it makes good business sense. Decreasing energy use in the supply chain can lead to significant cost reductions and increase competitiveness. However, these efforts face hurdles--especially in small companies--that limit their widespread implementation. Earlier this year, I attended the MIT Energy Conference in Boston, where these hurdles were discussed in some detail by an expert panel. The hurdles include a lack of information and analysis tools for important parts of far-flung supply chains, which often lie far upstream or downstream, and therefore out of sight, of a particular firm, as well as a lack of leverage with which to rive global suppliers toward more efficient practices. Overcoming these challenges requires significant resources and access to global information that is often not available to any one single firm. I was persuaded that efforts to address these challenges would have significant benefit to the country.

The Supply Star Act of 2010 would establish a Supply Star Program within the Department of Energy that builds on the Energy Star Program, as well as existing best practices in industry and the U.S. and international research communities to give companies access to the resources and information they need to successfully drive supply chain efficiency improvements.

The Supply Star Program would provide all companies, particularly small and medium sized businesses, with financing, technical support, training, and sector-wide networks to help significantly improve their supply chain efficiency. The program would also provide public recognition to those businesses that achieve the highest supply chain efficiency standards, rewarding them with a tangible and credible tool to use in external communications about all of their good work and giving consumers and businesses an easy way of seeking out good actors as they make purchasing decisions.

I hope my colleagues will join me in supporting this bill and work to improve the energy efficiency of our economy.

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

Mr. President, today I am introducing the Supply Star Act of 2010 to drive widespread improvements in supply chain energy efficiency.

Companies today are facing pressure on many fronts--from customers, stockholders, business partners, and regulators--to improve their energy performance in hopes of maximizing profit, minimizing environmental impact, and shielding themselves against the price volatility of fuels. Nearly 90 percent of a company's energy use can come from its supply chains, making supply chain energy efficiency-- encompassing raw materials, manufacturing, packaging, transport, use, and disposal of goods--of significant importance in the transition to a more energy efficient marketplace.

For these reasons, many: corporations are examining supply chain efficiency, not only in hopes of being better corporate citizens, but because it makes good business sense. Decreasing energy use in the supply chain can lead to significant cost reductions and increase competitiveness. However, these efforts face hurdles--especially in small companies--that limit their widespread implementation. Earlier this year, I attended the MIT Energy Conference in Boston, where these hurdles were discussed in some detail by an expert panel. The hurdles include a lack of information and analysis tools for important parts of far-flung supply chains, which often lie far upstream or downstream, and therefore out of sight, of a particular firm, as well as a lack of leverage with which to rive global suppliers toward more efficient practices. Overcoming these challenges requires significant resources and access to global information that is often not available to any one single firm. I was persuaded that efforts to address these challenges would have significant benefit to the country.

The Supply Star Act of 2010 would establish a Supply Star Program within the Department of Energy that builds on the Energy Star Program, as well as existing best practices in industry and the U.S. and international research communities to give companies access to the resources and information they need to successfully drive supply chain efficiency improvements.

The Supply Star Program would provide all companies, particularly small and medium sized businesses, with financing, technical support, training, and sector-wide networks to help significantly improve their supply chain efficiency. The program would also provide public recognition to those businesses that achieve the highest supply chain efficiency standards, rewarding them with a tangible and credible tool to use in external communications about all of their good work and giving consumers and businesses an easy way of seeking out good actors as they make purchasing decisions.

I hope my colleagues will join me in supporting this bill and work to improve the energy efficiency of our economy.

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