“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” published by the Congressional Record on April 26, 2017

Volume 163, No. 71 covering the 1st Session of the 115th Congress (2017 - 2018) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Department of Interior was published in the Senate section on pages S2554-S2563 on April 26, 2017.

The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.

The publication is reproduced in full below:

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. GRASSLEY (for himself, Ms. Cantwell, Mr. Roberts, Ms.

Hirono, Mr. Blunt, Mr. Whitehouse, Mrs. Ernst, Ms. Heitkamp,

Mr. Thune, Mr. Udall, Mr. Heinrich, Mrs. Shaheen, Ms.

Klobuchar, Mr. Franken, Mr. Donnelly, and Mrs. Murray):

S. 944. A bill to amend the Internal Revenue Code of 1986 to reform and extend the incentives for biodiesel; to the Committee on Finance.

Mr. GRASSLEY. Mr. President, I have long been a champion of domestic biofuel production, including ethanol, biodiesel and cellulosic fuels. Domestic biodiesel production supports tens of thousands of jobs. Replacing traditional diesel with biodiesel reduces emissions and creates cleaner air. Homegrown biodiesel improves our energy security by diversifying our transportation fuels and reducing our dependence on foreign oil. Biodiesel itself is a very diverse fuel. It can be produced from a wide array of resources such as recycled cooking oil, soybean and other plant oils, and animal fats.

I am proud of the success of the American biodiesel industry, and I am glad to be introducing today the American Renewable Fuel and Job Creation Act of 2017, which will ensure the continued success. I appreciate Senator Cantwell's leadership in joining this effort. I also appreciate the support of Senators Roberts, Hirono, Blunt, Whitehouse, Ernst, Heitkamp, Thune, Udall, Heinrich, Shaheen, Klobuchar, Franken, Donnelly, and Murray. This bill will modify the biodiesel fuel blender's credit to a domestic production credit starting this year and extend the credit through 2020.

Congress created the biodiesel tax incentive in 2005 when I was chairman of the Senate Finance Committee. As a result of this incentive and the Renewable Fuel Standard, biodiesel is providing significant benefits to the nation.

Senator Cantwell and I have been advocating the mixture credit be modified to a producer credit since 2009. Converting to a producer credit improves the incentive in many ways. The blenders credit can be difficult to administer because the blending of the fuel can occur at many different stages of the fuel distribution. This can make it difficult to ensure that only fuel that qualifies for the credit claims the incentive. It has been susceptible to abuse because of this.

A credit for domestic production will also ensure that we are incentivizing the domestic industry and associated American jobs, rather than subsidizing imported biofuels. A credit for domestic production will also ensure that we are incentivizing the domestic industry and associated American jobs, rather than subsidizing imported biofuels. Since 2014, we have seen imports increase from 510 million gallons to about 1 billion gallons in 2016, and already in the first quarter of 2017 imports are 10 percent higher than they were last year at this time.

We should not provide a U.S. taxpayer benefit to imported biofuels. By restricting the credit to domestic production, we will also save taxpayer money. The nonpartisan Joint Committee on Taxation estimated a similar amendment adopted in the Finance Committee in 2015 would have reduced the cost of the extension by $90 million for 2016 alone.

Importantly, modifying the credit will have little to no impact on the consumer. Much of the credit will continue to be passed on to the blender and ultimately, the consumer. Additionally, the U.S. biodiesel industry is currently operating at approximately 65 percent of capacity, which does not even account for idled capacity. The fact is, the domestic biodiesel industry has the capacity and access to affordable feedstocks to meet the demand of U.S. consumers.

The current biodiesel credit expired at the end of 2016. Adoption of the American Renewable Fuel and Job Creation Act of 2017 should be strongly considered as part of tax reform efforts currently underway. Absent tax reform, Congress should include it as part of any tax legislation extending expired tax provisions.

Modifying the current blenders credit to a producers credit will ensure that the credit is doing what Congress intended--incentivizing investment in domestic biodiesel production and promoting American jobs. Surely we can agree that we should not be providing a U.S. taxpayer subsidy to already heavily subsidized foreign biodiesel imports. I therefore urge my colleagues to support the production of American biodiesel and this commonsense, cost reduction reform.

______

By Mr. CORNYN (for himself and Mr. Peters):

S. 945. A bill to amend the Carl D. Perkins Career and Technical Education Act of 2006 to authorize funds to identify and eliminate excessive occupational licensure; to the Committee on Health, Education, Labor, and Pensions.

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

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 945

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``New Hope and Opportunity through the Power of Employment Act'' or the ``New HOPE Act''.

SEC. 2. STATE LEADERSHIP ACTIVITIES.

Section 124(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)) is amended--

(1) in paragraph (16)(B), by striking ``and'' after the semicolon;

(2) in paragraph (17), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(18) consulting and coordinating with other State agencies for the identification, consolidation, or elimination of licenses or certifications which pose an unnecessary barrier to entry for aspiring workers and provide limited consumer protection.''.

______

By Mr. FLAKE (for himself, Mr. McCain, Mr. Hatch, Mr. Cornyn, Mr.

Lee, Mr. Tillis, Ms. Murkowski, Mr. Tester, and Mr. Manchin):

S. 946. A bill to require the Secretary of Veterans Affairs to hire additional Veterans Justice Outreach Specialists to provide treatment court services to justice-involved veterans, and for other purposes; to the Committee on Veterans' Affairs.

Mr. FLAKE. Mr. President, Arizona is home to more than a half million veterans. They have served in every conflict from World War II to present-day operations in the Middle East. Nothing makes me prouder than to shake the hand of one of these veterans and to call them an Arizonan.

Fortunately, many of these veterans have the support of friends and family, as well as their fellow veterans with whom they served, but far too many who have served our country lack a support system that can help them successfully make the transition back to civilian life.

For those who have post-traumatic stress or traumatic brain injury, this could be particularly difficult. Studies have shown that veterans often do not seek out medical health treatment due to concerns about stigma, negative career prospects, lack of awareness, or logistical challenges in accessing care. For those who go without treatment, it can lead to substance abuse and, in some cases, run-ins with the law.

While there is no justification for criminal behavior, it is important to recognize when certain actions may be symptomatic of the harrowing experiences a veteran has endured during years of service. This is something the criminal justice system often fails to deal with. By not providing treatment that actually addresses a veteran's underlying service-connected issues, our criminal justice system sometimes creates a vicious cycle. It overcriminalizes service-

connected mental illness, undertreats incarcerated veterans, and increases recidivism.

To address the problem, the VA created the Veterans Justice Outreach Program in 2009. The program was established to remove veterans from the regular criminal justice process and to provide specially tailored treatments to address many of these underlying issues. These veterans treatment courts have a proven record of preventing initial incarceration and reducing recidivism.

The lifeblood of the program is the veterans justice outreach specialists, VJO specialists, who link veterans to available court services. These outreach specialists identify veterans in jails and local courts, they assess their health status, and they help them develop the rehabilitation treatment program specific to each of their needs.

I recently had the opportunity to observe the veterans docket and meet with some of these dedicated specialists while visiting the Mesa Municipal Court earlier this month. Let me tell you, there is no substitute for seeing this firsthand. Even though it is a courtroom setting, there is a comradery and collaboration that you don't see in traditional courtroom proceedings. I was amazed at how many organizations there are to help these veterans--to help them successfully transition and help them with treatment.

The collaboration I am talking about comes from having a judge and hard-working staff who have served in the military themselves. They understand the hardship of multiple deployments for servicemembers and their families. They understand the mental and physical tolls of combat. They understand that the transition back to civilian life can mark the beginning of a new battle for veterans.

The program has experienced remarkable success. The unfortunate reality is that the VA doesn't have enough outreach specialists to ensure access to already available treatment for justice-involved veterans. Demand for VJO specialists is outpacing the program's ability to serve eligible veterans. This means future veterans treatment courts can't be established, existing courts will go understaffed, and veterans will go unserved. That is not right.

That is why today I am introducing the Veterans Treatment Court Improvement Act to ensure our veterans receive swift and appropriate access to justice. This legislation will provide 50 additional VJO specialists for veterans treatment courts nationwide. By increasing the number of dedicated specialists at these facilities, Congress can ensure that more veterans have access to the treatments they have earned with their service. This is bipartisan legislation. I will work to inform my colleagues about the need for this program and additional VJOs in the coming weeks and months.

______

By Mr. DURBIN (for himself, Ms. Baldwin, Mr. Bennet, Mr.

Blumenthal, Mr. Booker, Mr. Franken, Mr. Heinrich, Mr. Leahy,

Mr. Markey, Mr. Merkley, Mr. Murphy, Mr. Peters, Mr. Reed, Mr.

Schatz, Ms. Stabenow, Ms. Warren, Mr. Whitehouse, Mr. Van

Hollen, and Mr. Menendez):

S. 948. A bill to designate as wilderness certain Federal portions of the red rock canyons of the Colorado Plateau and the Great Basin Deserts in the State of Utah for the benefit of present and future generations of people in the United States; to the Committee on Energy and Natural Resources.

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

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 948

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``America's Red Rock Wilderness Act of 2017''.

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I--DESIGNATION OF WILDERNESS AREAS

Sec. 101. Great Basin Wilderness Areas.

Sec. 102. Grand Staircase-Escalante Wilderness Areas.

Sec. 103. Moab-La Sal Canyons Wilderness Areas.

Sec. 104. Henry Mountains Wilderness Areas.

Sec. 105. Glen Canyon Wilderness Areas.

Sec. 106. San Juan-Anasazi Wilderness Areas.

Sec. 107. Canyonlands Basin Wilderness Areas.

Sec. 108. San Rafael Swell Wilderness Areas.

Sec. 109. Book Cliffs and Uinta Basin Wilderness Areas.

TITLE II--ADMINISTRATIVE PROVISIONS

Sec. 201. General provisions.

Sec. 202. Administration.

Sec. 203. State school trust land within wilderness areas.

Sec. 204. Water.

Sec. 205. Roads.

Sec. 206. Livestock.

Sec. 207. Fish and wildlife.

Sec. 208. Management of newly acquired land.

Sec. 209. Withdrawal.

SEC. 2. DEFINITIONS.

In this Act:

(1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management.

(2) State.--The term ``State'' means the State of Utah.

TITLE I--DESIGNATION OF WILDERNESS AREAS

SEC. 101. GREAT BASIN WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) the Great Basin region of western Utah is comprised of starkly beautiful mountain ranges that rise as islands from the desert floor;

(2) the Wah Wah Mountains in the Great Basin region are arid and austere, with massive cliff faces and leathery slopes speckled with pinon and juniper;

(3) the Pilot Range and Stansbury Mountains in the Great Basin region are high enough to draw moisture from passing clouds and support ecosystems found nowhere else on earth;

(4) from bristlecone pine, the world's oldest living organism, to newly flowered mountain meadows, mountains of the Great Basin region are islands of nature that--

(A) support remarkable biological diversity; and

(B) provide opportunities to experience the colossal silence of the Great Basin; and

(5) the Great Basin region of western Utah should be protected and managed to ensure the preservation of the natural conditions of the region.

(b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:

(1) Antelope Range (approximately 17,000 acres).

(2) Barn Hills (approximately 20,000 acres).

(3) Black Hills (approximately 9,000 acres).

(4) Bullgrass Knoll (approximately 15,000 acres).

(5) Burbank Hills/Tunnel Spring (approximately 92,000 acres).

(6) Conger Mountains (approximately 21,000 acres).

(7) Crater Bench (approximately 35,000 acres).

(8) Crater and Silver Island Mountains (approximately 121,000 acres).

(9) Cricket Mountains Cluster (approximately 62,000 acres).

(10) Deep Creek Mountains (approximately 126,000 acres).

(11) Drum Mountains (approximately 39,000 acres).

(12) Dugway Mountains (approximately 24,000 acres).

(13) Essex Canyon (approximately 1,300 acres).

(14) Fish Springs Range (approximately 64,000 acres).

(15) Granite Peak (approximately 19,000 acres).

(16) Grassy Mountains (approximately 23,000 acres).

(17) Grouse Creek Mountains (approximately 15,000 acres).

(18) House Range (approximately 201,000 acres).

(19) Keg Mountains (approximately 38,000 acres).

(20) Kern Mountains (approximately 15,000 acres).

(21) King Top (approximately 110,000 acres).

(22) Ledger Canyon (approximately 9,000 acres).

(23) Little Goose Creek (approximately 1,200 acres).

(24) Middle/Granite Mountains (approximately 80,000 acres).

(25) Mount Escalante (approximately 18,000 acres).

(26) Mountain Home Range (approximately 90,000 acres).

(27) Newfoundland Mountains (approximately 22,000 acres).

(28) Ochre Mountain (approximately 13,000 acres).

(29) Oquirrh Mountains (approximately 9,000 acres).

(30) Painted Rock Mountain (approximately 26,000 acres).

(31) Paradise/Steamboat Mountains (approximately 144,000 acres).

(32) Pilot Range (approximately 45,000 acres).

(33) Red Tops (approximately 28,000 acres).

(34) Rockwell-Little Sahara (approximately 21,000 acres).

(35) San Francisco Mountains (approximately 39,000 acres).

(36) Sand Ridge (approximately 73,000 acres).

(37) Simpson Mountains (approximately 42,000 acres).

(38) Snake Valley (approximately 100,000 acres).

(39) Spring Creek Canyon (approximately 4,000 acres).

(40) Stansbury Island (approximately 10,000 acres).

(41) Stansbury Mountains (approximately 24,000 acres).

(42) Thomas Range (approximately 36,000 acres).

(43) Tule Valley (approximately 159,000 acres).

(44) Wah Wah Mountains (approximately 167,000 acres).

(45) Wasatch/Sevier Plateaus (approximately 29,000 acres).

(46) White Rock Range (approximately 5,200 acres).

SEC. 102. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.

(a) Grand Staircase Area.--

(1) Findings.--Congress finds that--

(A) the area known as the Grand Staircase rises more than 6,000 feet in a series of great cliffs and plateaus from the depths of the Grand Canyon to the forested rim of Bryce Canyon;

(B) the Grand Staircase--

(i) spans 6 major life zones, from the lower Sonoran Desert to the alpine forest; and

(ii) encompasses geologic formations that display 3,000,000,000 years of Earth's history;

(C) land managed by the Secretary lines the intricate canyon system of the Paria River and forms a vital natural corridor connection to the deserts and forests of those national parks;

(D) land described in paragraph (2) (other than East of Bryce, Upper Kanab Creek, Moquith Mountain, Bunting Point, and Vermillion Cliffs) is located within the Grand Staircase-Escalante National Monument; and

(E) the Grand Staircase in Utah should be protected and managed as a wilderness area.

(2) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:

(A) Bryce View (approximately 4,500 acres).

(B) Bunting Point (approximately 11,000 acres).

(D) Canaan Peak Slopes (approximately 2,300 acres).

(E) East of Bryce (approximately 750 acres).

(F) Glass Eye Canyon (approximately 24,000 acres).

(G) Ladder Canyon (approximately 14,000 acres).

(H) Moquith Mountain (approximately 16,000 acres).

(I) Nephi Point (approximately 14,000 acres).

(J) Orderville Canyon (approximately 9,200 acres).

(K) Paria-Hackberry (approximately 188,000 acres).

(L) Paria Wilderness Expansion (approximately 3,300 acres).

(M) Parunuweap Canyon (approximately 43,000 acres).

(N) Pine Hollow (approximately 11,000 acres).

(O) Slopes of Bryce (approximately 2,600 acres).

(P) Timber Mountain (approximately 51,000 acres).

(Q) Upper Kanab Creek (approximately 49,000 acres).

(R) Vermillion Cliffs (approximately 26,000 acres).

(S) Willis Creek (approximately 21,000 acres).

(b) Kaiparowits Plateau.--

(1) Findings.--Congress finds that--

(A) the Kaiparowits Plateau east of the Paria River is one of the most rugged and isolated wilderness regions in the United States;

(B) the Kaiparowits Plateau, a windswept land of harsh beauty, contains distant vistas and a remarkable variety of plant and animal species;

(C) ancient forests, an abundance of big game animals, and 22 species of raptors thrive undisturbed on the grassland mesa tops of the Kaiparowits Plateau;

(D) each of the areas described in paragraph (2) (other than Heaps Canyon, Little Valley, and Wide Hollow) is located within the Grand Staircase-Escalante National Monument; and

(E) the Kaiparowits Plateau should be protected and managed as a wilderness area.

(A) Andalex Not (approximately 18,000 acres).

(B) The Blues (approximately 21,000 acres).

(D) Burning Hills (approximately 80,000 acres).

(E) Carcass Canyon (approximately 83,000 acres).

(F) The Cockscomb (approximately 11,000 acres).

(G) Fiftymile Bench (approximately 12,000 acres).

(H) Fiftymile Mountain (approximately 203,000 acres).

(I) Heaps Canyon (approximately 4,000 acres).

(J) Horse Spring Canyon (approximately 31,000 acres).

(K) Kodachrome Headlands (approximately 10,000 acres).

(L) Little Valley Canyon (approximately 4,000 acres).

(M) Mud Spring Canyon (approximately 65,000 acres).

(N) Nipple Bench (approximately 32,000 acres).

(O) Paradise Canyon-Wahweap (approximately 262,000 acres).

(P) Rock Cove (approximately 16,000 acres).

(Q) Warm Creek (approximately 23,000 acres).

(R) Wide Hollow (approximately 6,800 acres).

(1) Findings.--Congress finds that--

(A) glens and coves carved in massive sandstone cliffs, spring-watered hanging gardens, and the silence of ancient Anasazi ruins are examples of the unique features that entice hikers, campers, and sightseers from around the world to Escalante Canyon;

(B) Escalante Canyon links the spruce fir forests of the 11,000-foot Aquarius Plateau with winding slickrock canyons that flow into Glen Canyon;

(C) Escalante Canyon, one of Utah's most popular natural areas, contains critical habitat for deer, elk, and wild bighorn sheep that also enhances the scenic integrity of the area;

(D) each of the areas described in paragraph (2) is located within the Grand Staircase-Escalante National Monument; and

(E) Escalante Canyon should be protected and managed as a wilderness area.

(A) Brinkerhof Flats (approximately 3,000 acres).

(B) Colt Mesa (approximately 28,000 acres).

(D) Forty Mile Gulch (approximately 6,600 acres).

(E) Hurricane Wash (approximately 9,000 acres).

(F) Lampstand (approximately 7,900 acres).

(G) Muley Twist Flank (approximately 3,600 acres).

(H) North Escalante Canyons (approximately 176,000 acres).

(I) Pioneer Mesa (approximately 11,000 acres).

(J) Scorpion (approximately 53,000 acres).

(K) Sooner Bench (approximately 390 acres).

(L) Steep Creek (approximately 35,000 acres).

(M) Studhorse Peaks (approximately 24,000 acres).

SEC. 103. MOAB-LA SAL CANYONS WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) the canyons surrounding the La Sal Mountains and the town of Moab offer a variety of extraordinary landscapes;

(2) outstanding examples of natural formations and landscapes in the Moab-La Sal area include the huge sandstone fins of Behind the Rocks, the mysterious Fisher Towers, and the whitewater rapids of Westwater Canyon; and

(3) the Moab-La Sal area should be protected and managed as a wilderness area.

(1) Arches Adjacent (approximately 12,000 acres).

(2) Beaver Creek (approximately 41,000 acres).

(3) Behind the Rocks and Hunters Canyon (approximately 22,000 acres).

(4) Big Triangle (approximately 20,000 acres).

(5) Coyote Wash (approximately 28,000 acres).

(6) Dome Plateau-Professor Valley (approximately 35,000 acres).

(7) Fisher Towers (approximately 18,000 acres).

(8) Goldbar Canyon (approximately 9,000 acres).

(9) Granite Creek (approximately 5,000 acres).

(10) Mary Jane Canyon (approximately 25,000 acres).

(11) Mill Creek (approximately 14,000 acres).

(12) Porcupine Rim and Morning Glory (approximately 20,000 acres).

(13) Renegade Point (approximately 6,600 acres).

(14) Westwater Canyon (approximately 37,000 acres).

(15) Yellow Bird (approximately 4,200 acres).

SEC. 104. HENRY MOUNTAINS WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) the Henry Mountain Range, the last mountain range to be discovered and named by early explorers in the contiguous United States, still retains a wild and undiscovered quality;

(2) fluted badlands that surround the flanks of 11,000-foot Mounts Ellen and Pennell contain areas of critical habitat for mule deer and for the largest herd of free-roaming buffalo in the United States;

(3) despite their relative accessibility, the Henry Mountain Range remains one of the wildest, least-known ranges in the United States; and

(4) the Henry Mountain range should be protected and managed to ensure the preservation of the range as a wilderness area.

(1) Bull Mountain (approximately 16,000 acres).

(2) Bullfrog Creek (approximately 35,000 acres).

(3) Dogwater Creek (approximately 3,400 acres).

(4) Fremont Gorge (approximately 20,000 acres).

(5) Long Canyon (approximately 16,000 acres).

(6) Mount Ellen-Blue Hills (approximately 140,000 acres).

(7) Mount Hillers (approximately 21,000 acres).

(8) Mount Pennell (approximately 147,000 acres).

(9) Notom Bench (approximately 6,200 acres).

(10) Oak Creek (approximately 1,700 acres).

(11) Ragged Mountain (approximately 28,000 acres).

SEC. 105. GLEN CANYON WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) the side canyons of Glen Canyon, including the Dirty Devil River and the Red, White and Blue Canyons, contain some of the most remote and outstanding landscapes in southern Utah;

(2) the Dirty Devil River, once the fortress hideout of outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of slickrock canyons through an imposing landscape of monoliths and inaccessible mesas;

(3) the Red and Blue Canyons contain colorful Chinle/Moenkopi badlands found nowhere else in the region; and

(4) the canyons of Glen Canyon in the State should be protected and managed as wilderness areas.

(1) Cane Spring Desert (approximately 18,000 acres).

(2) Dark Canyon (approximately 134,000 acres).

(3) Dirty Devil (approximately 242,000 acres).

(4) Fiddler Butte (approximately 92,000 acres).

(5) Flat Tops (approximately 30,000 acres).

(6) Little Rockies (approximately 64,000 acres).

(7) The Needle (approximately 11,000 acres).

(8) Red Rock Plateau (approximately 213,000 acres).

(9) White Canyon (approximately 98,000 acres).

SEC. 106. SAN JUAN-ANASAZI WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) more than 1,000 years ago, the Anasazi Indian culture flourished in the slickrock canyons and on the pinon-covered mesas of southeastern Utah;

(2) evidence of the ancient presence of the Anasazi pervades the Cedar Mesa area of the San Juan-Anasazi area where cliff dwellings, rock art, and ceremonial kivas embellish sandstone overhangs and isolated benchlands;

(3) the Cedar Mesa area is in need of protection from the vandalism and theft of its unique cultural resources;

(4) the Cedar Mesa wilderness areas should be created to protect both the archaeological heritage and the extraordinary wilderness, scenic, and ecological values of the United States; and

(5) the San Juan-Anasazi area should be protected and managed as a wilderness area to ensure the preservation of the unique and valuable resources of that area.

(1) Allen Canyon (approximately 5,900 acres).

(2) Arch Canyon (approximately 30,000 acres).

(3) Comb Ridge (approximately 15,000 acres).

(4) East Montezuma (approximately 45,000 acres).

(5) Fish and Owl Creek Canyons (approximately 73,000 acres).

(6) Grand Gulch (approximately 159,000 acres).

(7) Hammond Canyon (approximately 4,400 acres).

(8) Nokai Dome (approximately 93,000 acres).

(9) Road Canyon (approximately 63,000 acres).

(10) San Juan River (Sugarloaf) (approximately 15,000 acres).

(11) The Tabernacle (approximately 7,000 acres).

(12) Valley of the Gods (approximately 21,000 acres).

SEC. 107. CANYONLANDS BASIN WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) Canyonlands National Park safeguards only a small portion of the extraordinary red-hued, cliff-walled canyonland region of the Colorado Plateau;

(2) areas near Arches National Park and Canyonlands National Park contain canyons with rushing perennial streams, natural arches, bridges, and towers;

(3) the gorges of the Green and Colorado Rivers lie on adjacent land managed by the Secretary;

(4) popular overlooks in Canyonlands Nations Park and Dead Horse Point State Park have views directly into adjacent areas, including Lockhart Basin and Indian Creek; and

(5) designation of those areas as wilderness would ensure the protection of this erosional masterpiece of nature and of the rich pockets of wildlife found within its expanded boundaries.

(1) Bridger Jack Mesa (approximately 33,000 acres).

(2) Butler Wash (approximately 27,000 acres).

(3) Dead Horse Cliffs (approximately 5,300 acres).

(4) Demon's Playground (approximately 3,700 acres).

(5) Duma Point (approximately 14,000 acres).

(6) Gooseneck (approximately 9,000 acres).

(7) Hatch Point Canyons/Lockhart Basin (approximately 149,000 acres).

(8) Horsethief Point (approximately 15,000 acres).

(9) Indian Creek (approximately 28,000 acres).

(10) Labyrinth Canyon (approximately 150,000 acres).

(11) San Rafael River (approximately 101,000 acres).

(12) Shay Mountain (approximately 14,000 acres).

(13) Sweetwater Reef (approximately 69,000 acres).

(14) Upper Horseshoe Canyon (approximately 60,000 acres).

SEC. 108. SAN RAFAEL SWELL WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) the San Rafael Swell towers above the desert like a castle, ringed by 1,000-foot ramparts of Navajo Sandstone;

(2) the highlands of the San Rafael Swell have been fractured by uplift and rendered hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams;

(3) among other places, the San Rafael wilderness offers exceptional back country opportunities in the colorful Wild Horse Badlands, the monoliths of North Caineville Mesa, the rock towers of Cliff Wash, and colorful cliffs of Humbug Canyon;

(4) the mountains within these areas are among Utah's most valuable habitat for desert bighorn sheep; and

(5) the San Rafael Swell area should be protected and managed to ensure its preservation as a wilderness area.

(1) Cedar Mountain (approximately 15,000 acres).

(2) Devils Canyon (approximately 23,000 acres).

(3) Eagle Canyon (approximately 38,000 acres).

(4) Factory Butte (approximately 22,000 acres).

(5) Hondu Country (approximately 20,000 acres).

(6) Jones Bench (approximately 2,800 acres).

(7) Limestone Cliffs (approximately 25,000 acres).

(8) Lost Spring Wash (approximately 37,000 acres).

(9) Mexican Mountain (approximately 100,000 acres).

(10) Molen Reef (approximately 33,000 acres).

(11) Muddy Creek (approximately 240,000 acres).

(12) Mussentuchit Badlands (approximately 25,000 acres).

(13) Pleasant Creek Bench (approximately 1,100 acres).

(14) Price River-Humbug (approximately 120,000 acres).

(15) Red Desert (approximately 40,000 acres).

(16) Rock Canyon (approximately 18,000 acres).

(17) San Rafael Knob (approximately 15,000 acres).

(18) San Rafael Reef (approximately 114,000 acres).

(19) Sids Mountain (approximately 107,000 acres).

(20) Upper Muddy Creek (approximately 19,000 acres).

(21) Wild Horse Mesa (approximately 92,000 acres).

SEC. 109. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS.

(a) Findings.--Congress finds that--

(1) the Book Cliffs and Uinta Basin wilderness areas offer--

(A) unique big game hunting opportunities in verdant high-plateau forests;

(B) the opportunity for float trips of several days duration down the Green River in Desolation Canyon; and

(2) the long rampart of the Book Cliffs bounds the area on the south, while seldom-visited uplands, dissected by the rivers and streams, slope away to the north into the Uinta Basin;

(3) bears, Bighorn sheep, cougars, elk, and mule deer flourish in the back country of the Book Cliffs; and

(4) the Book Cliffs and Uinta Basin areas should be protected and managed to ensure the protection of the areas as wilderness.

(1) Bourdette Draw (approximately 15,000 acres).

(2) Bull Canyon (approximately 2,800 acres).

(3) Chipeta (approximately 95,000 acres).

(4) Dead Horse Pass (approximately 8,000 acres).

(5) Desbrough Canyon (approximately 13,000 acres).

(6) Desolation Canyon (approximately 555,000 acres).

(7) Diamond Breaks (approximately 9,000 acres).

(8) Diamond Canyon (approximately 166,000 acres).

(9) Diamond Mountain (also known as ``Wild Mountain'')

(approximately 27,000 acres).

(10) Dinosaur Adjacent (approximately 10,000 acres).

(11) Goslin Mountain (approximately 4,900 acres).

(12) Hideout Canyon (approximately 12,000 acres).

(13) Lower Bitter Creek (approximately 14,000 acres).

(14) Lower Flaming Gorge (approximately 21,000 acres).

(15) Mexico Point (approximately 15,000 acres).

(16) Moonshine Draw (also known as ``Daniels Canyon'')

(approximately 10,000 acres).

(17) Mountain Home (approximately 9,000 acres).

(18) O-Wi-Yu-Kuts (approximately 13,000 acres).

(19) Red Creek Badlands (approximately 3,600 acres).

(20) Seep Canyon (approximately 21,000 acres).

(21) Sunday School Canyon (approximately 18,000 acres).

(22) Survey Point (approximately 8,000 acres).

(23) Turtle Canyon (approximately 39,000 acres).

(24) White River (approximately 23,000 acres).

(25) Winter Ridge (approximately 38,000 acres).

(26) Wolf Point (approximately 15,000 acres).

TITLE II--ADMINISTRATIVE PROVISIONS

SEC. 201. GENERAL PROVISIONS.

(a) Names of Wilderness Areas.--Each wilderness area named in title I shall--

(1) consist of the quantity of land referenced with respect to that named area, as generally depicted on the map entitled

``Utah BLM Wilderness''; and

(2) be known by the name given to it in title I.

(b) Map and Description.--

(1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by this Act with--

(A) the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Energy and Natural Resources of the Senate.

(2) Force of law.--A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description.

(3) Public availability.--Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management.

SEC. 202. ADMINISTRATION.

Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this Act shall be administered by the Secretary in accordance with--

(1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(2) the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.

(a) In General.--Subject to subsection (b), if State-owned land is included in an area designated by this Act as a wilderness area, the Secretary shall offer to exchange land owned by the United States in the State of approximately equal value in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).

(b) Mineral Interests.--The Secretary shall not transfer any mineral interests under subsection (a) unless the State transfers to the Secretary any mineral interests in land designated by this Act as a wilderness area.

SEC. 204. WATER.

(a) Reservation.--

(1) Water for wilderness areas.--

(A) In general.--With respect to each wilderness area designated by this Act, Congress reserves a quantity of water determined by the Secretary to be sufficient for the wilderness area.

(B) Priority date.--The priority date of a right reserved under subparagraph (A) shall be the date of enactment of this Act.

(2) Protection of rights.--The Secretary and other officers and employees of the United States shall take any steps necessary to protect the rights reserved by paragraph (1)(A), including the filing of a claim for the quantification of the rights in any present or future appropriate stream adjudication in the courts of the State--

(A) in which the United States is or may be joined; and

(B) that is conducted in accordance with section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560, chapter 651).

(b) Prior Rights Not Affected.--Nothing in this Act relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.

(1) Specification of rights.--The Federal water rights reserved by this Act are specific to the wilderness areas designated by this Act.

(2) No precedent established.--Nothing in this Act related to reserved Federal water rights--

(A) shall establish a precedent with regard to any future designation of water rights; or

(B) shall affect the interpretation of any other Act or any designation made under any other Act.

SEC. 205. ROADS.

(a) Setbacks.--

(1) Measurement in general.--A setback under this section shall be measured from the center line of the road.

(2) Wilderness on 1 side of roads.--Except as provided in subsection (b), a setback for a road with wilderness on only 1 side shall be set at--

(A) 300 feet from a paved Federal or State highway;

(B) 100 feet from any other paved road or high standard dirt or gravel road; and

(3) Wilderness on both sides of roads.--Except as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at--

(A) 200 feet from a paved Federal or State highway;

(B) 40 feet from any other paved road or high standard dirt or gravel road; and

(b) Setback Exceptions.--

(1) Well-defined topographical barriers.--If, between the road and the boundary of a setback area described in paragraph (2) or (3) of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary.

(2) Fences.--If, between the road and the boundary of a setback area specified in paragraph (2) or (3) of subsection

(a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary.

(3) Deviations from setback areas.--

(A) Exclusion of disturbances from wilderness boundaries.--In cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area.

(B) Limitation on exclusion of disturbances.--The Secretary shall make a boundary adjustment under subparagraph (A) only if the Secretary determines that doing so is consistent with wilderness management goals.

(C) Deviations restricted to minimum necessary.--Any deviation under this paragraph from the setbacks required under in paragraph (2) or (3) of subsection (a) shall be the minimum necessary to exclude the disturbance.

(c) Delineation Within Setback Area.--The Secretary may delineate a wilderness boundary at a location within a setback under paragraph (2) or (3) of subsection (a) if, as determined by the Secretary, the delineation would enhance wilderness management goals.

SEC. 206. LIVESTOCK.

Within the wilderness areas designated under title I, the grazing of livestock authorized on the date of enactment of this Act shall be permitted to continue subject to such reasonable regulations and procedures as the Secretary considers necessary, as long as the regulations and procedures are consistent with--

(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and

(2) section 101(f) of the Arizona Desert Wilderness Act of 1990 (Public Law 101-628; 104 Stat. 4469).

SEC. 207. FISH AND WILDLIFE.

Nothing in this Act affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State.

SEC. 208. MANAGEMENT OF NEWLY ACQUIRED LAND.

Any land within the boundaries of a wilderness area designated under this Act that is acquired by the Federal Government shall--

(1) become part of the wilderness area in which the land is located; and

(2) be managed in accordance with this Act and other laws applicable to wilderness areas.

SEC. 209. WITHDRAWAL.

Subject to valid rights existing on the date of enactment of this Act, the Federal land referred to in title I is withdrawn from all forms of--

(1) entry, appropriation, or disposal under public law;

(2) location, entry, and patent under mining law; and

(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

Mr. DURBIN. Mr. President, 20 years ago, when I was elected to the U.S. Senate, a group of people came to me and asked me to sponsor a bill. It was a bill that had been sponsored many times by Senator Bill Bradley of New Jersey. He retired shortly before I arrived.

The bill related to the Utah wilderness. I remember saying to those who approached me: This isn't my State. It is the State of Utah.

They said: This is a bill which we are having some controversy with when it comes to the Utah congressional delegation.

Secondly, I said: It is a wilderness bill about a part of the world that I have never seen. I don't feel right introducing it.

They said: Why don't you come out and look at it?

I did just a few weeks later. My wife and I went and took a look at the Red Rocks Wilderness area in Utah. I will tell you, initially, as a midwesterner, when I looked at the stark landscape, I looked around thinking, what are we trying to preserve here? I took a closer look, which everyone should, and found a unique part of America--a wilderness area which can't be found anywhere else and a wilderness area which boasts archeological and historic and environmental significance way beyond what many people in the rest of the lower 48 might appreciate.

Today, I am reintroducing the America's Red Rock Wilderness Act. It would safeguard 9.2 million acres of Park Bureau Land Management land in Utah as wilderness--some of the last great wild places in the lower 48.

Throughout my time in the Senate, I have worked with the committed volunteers of the Utah Wilderness Coalition to protect the stunning, fragile desert landscape. These unique lands are rich in archeological resources and provide a habitat for rare plants and species. They offer unparalleled research, educational, and recreational opportunities for scientists, teachers, outdoor enthusiasts, and families.

The Bureau of Land Management has confirmed that the vast majority of the majority of the lands meet the qualifications for a wilderness designation. However, despite their pristine condition and their historical significance, these lands are threatened by oil and gas development, as well as rampant off-road vehicle use.

Although these activities are appropriate in some places, they don't belong in such a fragile landscape. Designating these lands as wilderness would safeguard wildlife, protect ancestral lands, help mitigate climate change, and provide access to future generations of hunters, anglers, hikers, boaters, and lovers of the natural world.

Last December, President Obama took an important step in protecting some of Southern Utah's fragile lands by designating the Bears Ears National Monument, which contains some of the lands that would be protected by my Red Rocks bill.

The 1.35 million-acre swath of land covers forested mesas and red rock canyons, and the designation protected the region's abundant Native American cultural resources. The monument contains well over 100,000 cultural and archeological sites. Let me say that again. Over 100,000 cultural and archeological sites, including ancient cliff dwellings, granaries, burial sites, and kivas, as well as spectacular pictographs and petroglyphs strewn upon rock walls and boulders all across the region.

Artifacts range from 700 to 12,000 years old, providing tribes with an incredible insight into the shared history of their ancestral homeland, bolstering their deep spiritual connection to the land itself.

The Bears Ears National Monument, designated by President Obama, is the first monument of its kind to be proposed and advocated by a united coalition of five Tribes who sought its protection because of its importance in their respective culture. In total, 30 Native American tribes with ancestral, historical, and contemporary ties to the Bears Ears region supported the designation.

The Tribal coalition's original Bears Ears proposal was 1.9 million acres. You see them here. It is slightly larger than the 1.35 million-

acre designation by President Obama.

Many in the Utah delegation, including one of my colleagues in the Senate, have raised concerns about President Obama's decision to protect this area and even the size of the designation. One of the critics of the size of the designation is the chairman of the House Natural Resources Committee, Rob Bishop.

Last Congress, before President Obama designated the Bears Ears region a national monument, the same Chairman Bishop introduced a bill that would have protected part of the Bears Ears region while opening other areas of land for oil and gas development.

Look at the two here in comparison. Chairman Bishop's proposal protected 1.28 million acres--only 17,500 acres smaller than the area protected by President Obama.

As you can see from these maps, the areas protected by Chairman Bishop's Public Lands Initiative are not that much different than the areas protected by the Bears Ears National Monument. To argue that the designation is so much larger than anyone anticipated is to ignore what the chairman submitted in his own legislation last year. Both are much smaller than what the Tribes originally requested, which is the third map here.

Despite that, Utah's congressional delegation has called the area

``well beyond the areas in need of protection'' and they pushed President Trump to consider shrinking or overturning this wilderness monument designation. Yet Utah's Salt Lake Tribune called Utah politicians' determination to rescind these designations ``blindness.''

Let me quote the Salt Lake Tribune:

That blindness can be sourced to Utah's one-party political system that has given us leaders who are out of touch with their constituents.

They then continue and say:

The Bears Ears monument may be with us forever, and there is no bucket of gold waiting if it does go away. The presidential proclamation bent far toward the same boundaries and shared management [Utah Rep. Rob] Bishop pursued with his public lands initiative.

They saw the same maps and said: Why is this acceptable and this objectionable?

Today, President Trump is planning to sign an Executive order. It is going to call on the Department of Interior to review previous national monument designations under the Antiquities Act.

While the President's Executive order will target the Bears Ears National Monument first, the order is going to go well beyond Utah and consider changes to all of the national monuments that have been designated since 1996--more than 50 different sites.

These are areas designated ``national monument protected areas'' by Republican and Democratic Presidents with bipartisan support. Yet President Trump is going to insist with his new order that he can review and change every single one of them.

Let me tell you the list of places and sites of great cultural significance that could be impacted: A portion of Sequoia National Forest in California, Harriet Tubman Underground Railroad National Historic Park in Maryland, African Burial Ground National Monument in New York, and in my home State of Illinois, the Pullman National Monument.

It is rare for any national monument designation to be changed by another President. It happened once. The last time a President used the Antiquities Act to adjust the borders of a national monument was over a century ago, in 1915. Then-President Woodrow Wilson shrunk Washington State's Mount Olympus National Monument so they could harvest more timber resources from this land.

A lot has changed since 1915, including our views on conservation. Attacks on conservation seem to have remained consistent. One of our greatest conservation Presidents, Teddy Roosevelt--a proud Republican, I might add--faced a great deal of opposition to his designation of a national monument that most of us are familiar with--the Grand Canyon.

Most Americans can't imagine our country without the iconic Grand Canyon because it is truly a national treasure. At the time of its 1908 designation by President Roosevelt, groups were opposed to protecting that area. For years after its designation, oil and gas miners fought additional protections for the Grand Canyon.

The attacks on the Bears Ears designation doesn't seem all that different from the attacks on the Grand Canyon, but the attacks on the Bears Ears National Monument also attack the Native people who have worked so hard to get this area protected.

Let's be very honest. When we look at how Native Americans were treated by our government and the settlers, we certainly look back with some shame and some embarrassment. What the Tribes are asking for here is a protection of areas that are of special significance to them and special significance to the environmental legacy, which we should be leaving to future generations.

The President's decision to review these national monuments puts the future of these resources in jeopardy and threatens our culture, history, and heritage. If President Donald Trump decides to use the Antiquities Act to reverse one of these monuments, he would treading in uncharted water. Never before has a President used the Antiquities Act to repeal a national monument. For what purpose? For oil and gas exploration? For off-the-road vehicle use?

These monuments themselves help promote tourism and outdoor recreation. Regions with national monuments saw increased employment and personal income growth--exactly the opposite of what the critics promised. Specifically, rural counties in the West, with protected lands, saw jobs increase by 345 percent over areas without protected lands--345 percent. Despite the opposition from Utah's elected officials, many in the State, including the Tribes, want to protect those areas, and I want to help them.

Teddy Roosevelt once said:

It is also vandalism wantonly to destroy or to permit the destruction of what is beautiful in nature, whether it be a cliff, a forest, or a species of mammal or bird. Here in the United States we turn our rivers and streams into sewers and dumping-grounds, we pollute the air, we destroy forests, and exterminate fishes, birds, and mammals--not to speak of vulgarizing charming landscapes with hideous advertisements. But at last it looks as if our people were awakened.

That was said by that Republican President over a century ago. Since Teddy Roosevelt's time, we have made progress in protecting our lands and waters, but these recent attacks and this recent Executive order by President Donald Trump show that we still have a long way to go.

I urge this administration, this Republican administration, to heed the words of Teddy Roosevelt. Carefully consider the legacy they will leave to future generations. It would be foolish not to protect Bears Ears and other monuments, just as it would have been foolish to listen to the critics and refuse to protect the Grand Canyon.

These monuments are for all of us, and we must ensure that they remain in their current natural condition for future generations to enjoy.

______

By Mr. DAINES (for himself and Ms. Cantwell):

S. 949. A bill to require the Director of the Office of Personnel Management to create a classification that more accurately reflects the vital role of wildland firefighters; to the Committee on Homeland Security and Governmental Affairs.

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

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 949

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Wildland Firefighter Recognition Act''.

SEC. 2. DEFINITIONS.

In this Act--

(1) the term ``Director'' means the Director of the Office of Personnel Management;

(2) the term ``employee'' has the meaning given the term in section 2105 of title 5, United States Code;

(3) the term ``Federal land management agency'' means--

(A) within the Department of the Interior--

(i) the Bureau of Land Management;

(ii) the Bureau of Indian Affairs;

(iii) the National Park Service; and

(iv) the United States Fish and Wildlife Service; and

(B) within the Department of Agriculture, the Forest Service;

(4) the term ``wildland fire''--

(A) means any non-structure fire that occurs in vegetation or natural fuels; and

(B) includes prescribed fire and wildfire; and

(5) the term ``wildland firefighter'' means--

(A) an employee of a Federal land management agency, the duties of whose position are primarily to perform work directly related to the prevention, control, suppression, or management of wildland fires, including an employee of a Federal land management agency who is assigned to support wildland fire activities; and

(B) an employee of a Federal land management agency who is transferred to a supervisory or administrative position from a position described in subparagraph (A).

SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

(a) Requirements.--

(1) In general.--Not later than 30 days after the date of enactment of this Act, the Director, in cooperation with the Federal land management agencies, shall commence development of a distinct wildland firefighter occupational series that more accurately reflects the variety of duties performed by wildland firefighters.

(2) Designation.--The official title assigned to any occupational series established under paragraph (1) shall include the designation of ``Wildland Firefighter''.

(3) Positions described.--Paragraph (1) shall apply with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions, range technician positions, or any other positions the duties and responsibilities of which include--

(A) significant prevention, preparedness, control, suppression, or management activities for wildland fires; or

(B) activities necessary to meet any other emergency incident to which assigned.

(4) Consultation.--It is the sense of Congress that the Director should consult with employee associations and any other groups that represent wildland firefighters in carrying out this subsection.

(5) Implementation.--Not later than 2 years after the date of enactment of this Act--

(A) the Director shall complete the development of the wildland firefighter occupational series required under paragraph (1); and

(B) the Secretary of the Interior and the Secretary of Agriculture shall use the wildland firefighter occupational series developed under paragraph (1) in the advertising and hiring of a wildland firefighter.

(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1) of title 5, United States Code, is amended by striking ``except'' and all that follows and inserting the following: ``except--

``(A) an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires, as determined by the Office; and

``(B) in such other circumstances as the Office may by regulation prescribe; and''.

(c) Current Employees.--Any individual employed as a wildland firefighter on the date on which the occupational series established under subsection (a) takes effect may elect to--

(1) remain in the occupational series in which the individual is working; or

(2) be included in the wildland firefighter occupational series established under subsection (a).

______

By Mr. DAINES (for himself and Ms. Cantwell):

S. 950. A bill to correct problems pertaining to human resources for career and volunteer personnel engaged in wildland fire and structure fire; to the Committee on Homeland Security and Governmental Affairs.

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

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

S. 950

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Wildland Firefighter Fairness Act''.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Single qualification and certification system.

Sec. 3. Personnel flexibility relating to the Robert T. Stafford

Disaster Relief and Emergency Assistance Act.

Sec. 4. Extension of service limits for seasonal hires.

Sec. 5. Civil service retention rights.

Sec. 6. Computation of pay.

SEC. 2. SINGLE QUALIFICATION AND CERTIFICATION SYSTEM.

(a) Merging 2 Systems.--The Secretary of the Interior and the Secretary of Agriculture shall work with States and the Workforce Development Committee of the National Wildfire Coordinating Group to merge the Incident Qualification System and the Incident Qualification and Certification System into a single system by September 30, 2025.

(b) Elimination of Bureau Add-On Requirements.--On and after October 1, 2021, the Secretary of the Interior and the Secretary of Agriculture may not require a person to demonstrate additional competencies to obtain, make use of, or maintain a qualification or certification for a fire position, regardless of which jurisdictional agency employs the person.

SEC. 3. PERSONNEL FLEXIBILITY RELATING TO THE ROBERT T.

STAFFORD DISASTER RELIEF AND EMERGENCY

ASSISTANCE ACT.

(a) Definition of Time-Limited Appointment.--Section 9601 of title 5, United States Code, is amended by striking paragraph (2) and inserting the following:

``(2) the term `time-limited appointment' includes--

``(A) a temporary appointment and a term appointment, as defined by the Office of Personnel Management;

``(B) an appointment pursuant to section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)); and

``(C) an appointment pursuant to subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.).''.

(b) Competitive Service; Time-Limited Appointments.--Section 9602 of title 5, United States Code, is amended--

(1) by redesignating subsections (b) through (e) as subsections (d) through (g), respectively;

(2) in subsection (a), in the matter preceding paragraph

(1)--

(A) by striking ``Notwithstanding'' and inserting

``Appointments to Land Management Agencies.--Notwithstanding''; and

(B) by inserting ``described in section 9601(2)(A)'' after

``time-limited appointment'';

(3) by inserting after subsection (a) the following:

``(b) Appointments Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.--Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service--

``(1) an employee appointed under the authority described in section 9601(2)(B) and serving under a full-time, time-limited appointment is eligible to compete for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if--

``(A) the employee has served under 1 or more time-limited appointments for at least 2 years without a break in service; and

``(B) the performance of the employee has been at an acceptable level of performance throughout the 1 or more time-limited appointment periods referred to in subparagraph

(A); and

``(2) an employee appointed under the authority described in section 9601(2)(B) and serving under an intermittent, time-limited appointment is eligible for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures of the applicable agency if--

``(A) the employee has served under 1 or more time-limited appointments;

``(B) the employee has been deployed at least 522 days;

``(C) the employee has not declined any deployments while in an `available' status; and

``(D) the performance of the employee has been at an acceptable level of performance throughout the 1 or more time-limited appointments referred to in subparagraph (A).

``(c) Appointments Under the National and Community Service Act of 1990.--

``(1) Definition of employee.--Notwithstanding section 160(a) of the National and Community Service Act of 1990 (42 U.S.C. 12620(a)), in this subsection, the term `employee' includes individuals appointed under subtitle E of title I of that Act (42 U.S.C. 16211 et seq.).

``(2) Competition for permanent appointment.--Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, a member of the National Civilian Community Corps appointed under subtitle E of title I of the National and Community Service Act of 1990

(42 U.S.C. 12611 et seq.) who serves 2 consecutive terms is eligible to compete for a permanent appointment in the competitive service at the Federal Emergency Management Agency or any other agency (as defined in section 101 of title 31) under the internal merit promotion procedures during the 2-year period beginning on the date of the expiration of the appointment under section 160(a) of the National and Community Service Act of 1990 (42 U.S.C. 12620(a)), if the performance of the employee has been at an acceptable level of performance throughout the period.'';

(4) in subsection (d) (as redesignated by paragraph (1)), by striking ``In determining'' and inserting ``Waiver of Age Requirements.--In determining'';

(5) in subsection (e) (as redesignated by paragraph (1)), by striking ``An individual'' and inserting ``Tenure and Status.--An individual'';

(6) in subsection (f) (as redesignated by paragraph (1)), in the matter preceding paragraph (1)--

(A) by striking ``A former'' and inserting ``Former Employees.--A former''; and

(B) by inserting ``or the Federal Emergency Management Agency'' after ``management agency''; and

(7) in subsection (g) (as redesignated by paragraph (1)), by striking ``The Office'' and inserting ``Regulations.--The Office''.

SEC. 4. EXTENSION OF SERVICE LIMITS FOR SEASONAL HIRES.

(a) Definitions.--In this section--

(1) the term ``covered Secretary'' means--

(A) the Secretary of the Interior; and

(B) the Secretary of Agriculture;

(2) the term ``Director'' means the Director of the Office of Personnel Management; and

(3) the term ``pilot program'' means the pilot program established under subsection (b).

(b) Pilot Program.--The Director shall establish a pilot program for seasonal or temporary Federal employees, the duties of which primarily involve being a firefighter.

(c) Expansion of Service Year Limitations.--Under the pilot program, each covered Secretary may expand a service year limitation to enable a seasonal firefighter to be employed for a period that exceeds 1,040 hours in a given year if the covered Secretary determines the expansion to be necessary to stage fire crews earlier or later in a year to accommodate longer fire seasons.

(d) Standards.--The Director, in cooperation with each covered Secretary, shall establish standards and guidelines for the pilot program.

(e) Report.--Not later than 2 years after the date on which the pilot program is established, the Director shall submit a report that describes the use and impact of the pilot program to--

(1) the Committee on Energy and Natural Resources and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2) the Committee on Natural Resources and the Committee on Oversight and Government Reform of the House of Representatives.

(f) Termination.--The pilot program shall terminate on the date that is 5 years after the date on which the pilot program is established.

SEC. 5. CIVIL SERVICE RETENTION RIGHTS.

Section 8151 of title 5, United States Code, is amended by striking subsection (b) and inserting the following:

``(b) Regulations.--

``(1) Definitions.--In this subsection--

``(A) the term `covered employee' means an employee who--

``(i) served in a position in the Forest Service or the Department of the Interior as a wildland firefighter; and

``(ii) sustained an injury while in the performance of duty, as determined by the Director of the Office of Personnel Management, that prevents the employee from performing the physical duties of a firefighter;

``(B) the term `equivalent position' includes a position for a covered employee that--

``(i) allows the covered employee to receive the same retirement benefits under subchapter III of chapter 83 or chapter 84 that the covered employee would have received in the former position had the covered employee not been injured or disabled; and

``(ii) does not require the covered employee to complete any more years of service than the covered employee would have been required to complete to receive the benefits described in clause (i) had the covered employee not been injured or disabled; and

``(C) the term `firefighter' has the meaning given the term in section 8331.

``(2) Regulations.--Under regulations issued by the Office of Personnel Management--

``(A) the department or agency that was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within 1 year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume the former position of the employee or an equivalent position, as well as all other attendant rights that the employee would have had, or acquired, in the former position of the employee had the employee not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures;

``(B) the department or agency that was the last employer shall, if the injury or disability is overcome within a period of more than 1 year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in the former position of the employee or an equivalent position within the department or agency, or within any other department or agency; and

``(C) a covered employee who was injured during the 20-year period ending on the date of enactment of the Wildland Firefighter Fairness Act may not receive the same retirement benefits described in paragraph (1)(B)(ii) unless the covered employee first makes a payment to the Forest Service or the Department of the Interior, as applicable, equal to the amount that would have been deducted from pay under section 8334 or 8442, as applicable, had the covered employee not been injured or disabled.''.

SEC. 6. COMPUTATION OF PAY.

(a) In General.--Section 8114 of title 5, United States Code, is amended by striking subsection (e) and inserting the following:

``(e) Overtime.--

``(1) Definition.--In this subsection, the term `covered overtime pay' means pay received by an employee who serves in a position in the Forest Service or the Department of the Interior as a wildland firefighter while engaged in wildland fire suppression activity.

``(2) Overtime.--The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, and covered overtime pay and premium pay under section 5545(c)(1) of this title are included as part of the pay, but account is not taken of--

``(A) overtime pay;

``(B) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or

``(C) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war.''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2019.

____________________

SOURCE: Congressional Record Vol. 163, No. 71

“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” published by the Congressional Record on April 26, 2017

“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” published by the Congressional Record on April 26, 2017

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