Jeff Bingaman

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I oppose this amendment as well. This would open the wilderness areas, the parks, and the wild and scenic rivers that are designated in the bill to potential development of new energy projects, renewable energy projects, as well as the associated facilities that go with those such as transmission lines, generating stations, access roads. There are 2 million acres of new wilderness area here. We do not want wind farms in those wilderness areas. There are over 1,000 miles of wild and scenic rivers. We do not want hydroelectric powerplants on those wild and scenic rivers. I think this would be a major mistake for us to make an exception and say that renewable energy sources should go in regardless of the designation in the bill. I yield the balance of my time to the Senator from Alaska.

Mr. BINGAMAN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. BINGAMAN. Mr. President, I move to table the amendment and ask for the yeas and nays.

Mr. BINGAMAN. Mr. President, first, it is important to understand there are no provisions in the bill granting the Federal Government eminent domain authority. That authority already exists. It has existed for many years. The Supreme Court first recognized it in 1876 and acknowledged that the Government had that authority. What I believe is important is that there are water projects in this bill which are very important--the San Joaquin project in California, various water projects throughout the West--and it is important the Bureau of Reclamation have authority, if it needs to use it, to proceed with eminent domain proceedings. My colleague from Arizona, I am sure, takes great pride in the Central Arizona project. It is very doubtful that project could have been accomplished had not the Federal Government had eminent domain authority. That is true of these water projects in this legislation as well. So we should not be writing provisions in here that take that tool away from our Federal land managers and particularly the Bureau of Reclamation, and that is exactly what the effect of this amendment would be. So I urge my colleagues to oppose the amendment.

Mr. BINGAMAN

Mr. BINGAMAN. 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 of the Senate Committee on Energy and Natural Resources. The hearing will be held on Wednesday, March 25, 2009, at 9:30 a.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the legislative hearing is to receive testimony on draft legislation to improve energy market transparency and regulation. 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 may do so by sending it to the Committee on Energy and Natural Resources, U.S. Senate, Washington, DC 20510-6150, or by e-mail to Rosemarie_Calabro@energy.senate .gov. For further information, please contact Tara Billingsley at (202) 224-4756 or Rosemarie Calabro at (202) 224-5039.

Mr. BINGAMAN. 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 of the Senate Committee on Energy and Natural Resources. The hearing will be held on Wednesday, March 25, 2009, at 2 p.m. in room SD-366 of the Dirksen Senate Office Building. The purpose of the legislative hearing is to receive testimony on draft legislation to improve energy market transparency and regulation. 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 may do so by sending it to the Committee on Energy and Natural Resources, U.S. Senate, Washington, DC 20510-6150, or by e-mail to Rosemarie_Calabro@energy.senate .gov. For further information, please contact Tara Billingsley at (202) 224-4756 or Rosemarie Calabro at (202) 224-5039.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BINGAMAN. Mr. President, I have a unanimous consent agreement that I am going to propound, and I believe it is acceptable on all sides. I ask unanimous consent that all postcloture time be yielded back, and the motion to proceed to H.R. 146 be agreed to; that once the bill is reported, the Bingaman substitute amendment, which is at the desk, be called up for consideration; that once the substitute amendment has been reported, it be considered read; that the following list of amendments be the only first-degree amendments in order; that upon disposition of the listed amendments, the substitute amendment, as amended, if amended, be agreed to, the bill, as amended, be read a third time, and the Senate then vote on passage of the bill, that passage of the bill be subject to a 60-vote threshold; that if the threshold is achieved and upon passage, the motion to reconsider be laid upon the table; that the title amendment, which is at the desk, be considered and agreed to and the motion to reconsider be laid upon the table; provided further debate time prior to a vote in relation to each amendment be limited to 60 minutes, equally divided and controlled in the usual form; and that no amendment be in order to any amendment prior to a vote in relation thereto; that if there is a sequence of votes in relation to the amendments, then prior to each vote in a sequence, there be 4 minutes of debate, divided as specified above, and that after the first vote in any sequence, subsequent votes be limited to 10 minutes each. Here is the list of amendments: Coburn amendment No. 680, regarding barring new construction. The second is Coburn amendment No. 679, regarding striking provisions restricting alternative energy. The third is Coburn amendment No. 683, regarding striking targeted provisions. The fourth is Coburn amendment No. 675, regarding eminent domain. The fifth is Coburn amendment No. 677, regarding annual report. And the sixth is Coburn amendment No. 682 regarding subtitle D clarification.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, at this point I believe I intend to put a quorum call in. My colleague from Idaho is going to speak in a few minutes, as I understand it, to discuss some of the issues involved with the legislation. I plan to speak myself and then we will await Senator Coburn's return to the floor so he can call up the first of his amendments. I am informed that the Senator from Oklahoma wishes to speak. Accordingly, I will not put in a quorum call at this time.

Mr. BINGAMAN

Mr. BINGAMAN. 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 Tuesday, March 24, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to consider the nomination of Thomas Strickland, to be Assistant Secretary for Fish and Wildlife, Department of the Interior. 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 may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510-6150, or by e-mail to Amanda_kelly@energy.senate.gov. For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. BINGAMAN

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

Mr. BINGAMAN. I ask unanimous consent that the order for the quorum call be rescinded.

Mr. BINGAMAN. Madam President, earlier this year, the Senate passed S. 22, which is the Omnibus Public Lands Management Act, a collection of over 160 bills primarily from the Committee on Energy and Natural Resources. After a week of debate, the Senate passed S. 22 by a vote of 73 to 21. That vote occurred on January 15. Unfortunately, the House of Representatives has not yet passed S. 22. In an effort to facilitate consideration of this package of bills in the other body, it is my hope that we will be able to attach the omnibus lands package to another bill that has already passed the House of Representatives and send it back where, hopefully, it can be quickly approved. As the first step of this process this afternoon, the Senate will vote on whether to invoke cloture on the motion to proceed to H.R. 146, which is the Revolutionary War and War of 1812 Battlefield Protection Act. If cloture is invoked on the motion to proceed to that bill, and once we are on that bill, it is my intention to offer a substitute amendment that will essentially substitute the text of S. 22 as passed by the Senate. In addition to making a few technical corrections to the previously passed bill text, the amendment incorporates one change that was not in the underlying Senate bill when it was previously passed. Following Senate passage of S. 22, I understand that some Members in the House of Representatives expressed concern that the portion of the bill pertaining to Wild and Scenic Rivers and National Trails and National Heritage Areas might somehow be construed to limit access for authorized hunting, fishing, and trapping activities. While I am confident the Senate bill in no way restricts those activities, in an attempt to make this completely clear, the substitute amendment I will propose to offer, if we are able to do that, adds a provision in title V which covers Wild and Scenic Rivers and National Trails language designations. The new language states that: Nothing in this title shall be construed as affecting access for recreational activities otherwise allowed by law or regulation, including hunting, fishing, or trapping. Furthermore: Nothing in this title shall be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, and trapping. The amendment adds similar language in title VIII, which is the title designating National Heritage Areas. I would like to thank Senator Murkowski, who is the ranking member on the Energy Committee with me in this Congress, and also Senator Crapo, for their assistance with this provision. With this clarification, I believe all interested parties now agree that the bill is clear that access for recreational hunting, fishing, and trapping is not affected by the river, trail, or heritage area designations. As we noted before, the Omnibus Public Land Management Act is collectively one of the most significant conservation bills to be considered by the Senate in this past decade. It will result in the addition of over 2 million new acres of the National Wilderness Preservation System. It will designate three new units to the National Park System, and it enlarges the boundaries of several existing parks. It creates a new national monument and three new national conservation areas. It adds over 1,000 new miles to the National Wild and Scenic Rivers System and over 2,800 miles of new trails that will be part of the National Trails System. It establishes in law the Bureau of Land Management's National Landscape Conservation System that protects over 1.2 million acres of the Wyoming Range. In addition, the Omnibus Public Land Management Act authorizes numerous land exchanges and conveyances to help local communities throughout the West. It includes the Forest Landscape Restoration Act, which will help undertake collaborative landscape-scale restoration projects to help reduce both future fire risk and fire-associated costs. It incorporates over 30 bills which will help address critical water resource needs at both the national and local level. It authorizes several studies to help communities better understand their local water supplies and the best way to meet future water needs, and it includes several authorizations for local and regional water projects that enhance water use efficiencies, address water infrastructure needs, and help provide sustainable water supplies to rural communities. Finally, the bill will ratify three important water settlements-- settlements in California, Nevada, and New Mexico. These settlements will resolve literally decades of litigation between the affected States, Indian tribes, agricultural and municipal water users, and environmental interests. The previous vote on S. 22 was 73 Senators voting to pass the bill-- evidence of the strong bipartisan support for this package. Invoking cloture this afternoon on the motion to proceed to H.R. 146 is the first step necessary to move the Omnibus Public Land Management Act toward enactment into law. In closing, I would like to, of course, thank our majority leader, Senator Reid, for his continued commitment to pass this bill. I urge my colleagues to support invoking cloture on the motion to proceed when we have that vote at 5:30 today. I yield the floor and suggest the absence of a quorum.

Mr. BINGAMAN. I suggest the absence of a quorum.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, today I join with my colleague and the ranking member of the Committee on Energy and Natural Resources, Senator Murkowski, in introducing S. 598, which is entitled the ``Appliance Standards Improvement Act of 2009.'' This legislation would enhance our economic and energy security, it would save consumers money, and it will reduce greenhouse gas emissions by strengthening two Federal programs that have a 20-year record of success; that is, the Department of Energy's Appliance Standards Program and the joint DOE and EPA Energy Star Program. The Department of Energy's standards program establishes minimum energy efficiency standards for 35 products and phases out the manufacture and sale of the least efficient models for those products. The American Council for an Energy Efficient Economy, ACEEE, estimates that national electricity use by 2020 will be nearly 16 percent less than it would have been without this standards program, which we have had in law now for many years. The Energy Star Program is a voluntary program that promotes the development and sale of highly efficient appliances through labeling and marketing. Among its success stories is the dramatic increase in refrigerator efficiency and cost savings. The annual operating cost for Energy Star-qualified refrigerators has dropped from $243 in the 1970s to $46 today. The Department of Energy estimates that in 2006, Energy Star saved almost 5 percent of the Nation's electricity demand, helped avoid greenhouse gas emissions equivalent to 25 million automobiles, and saved consumers more than $14 billion. Notwithstanding this record of success, further increases in the efficiency of appliances remains one of the most cost-effective strategies we can pursue to enhance our economic and energy security. The bill I am introducing, along with Senator Murkowski, would expand the Department of Energy's program by establishing programs for affordable light fixtures and table and floor lamps. These products are found throughout the Nation's homes and businesses, and improving their efficiency can have enormous benefits. ACEEE estimates that annual savings would build up to about 4 billion kilowatt hours by 2020, 750 megawatts in peak-demand savings, and about $4 billion of savings to consumers for purchases through the year 2030. The bill would further strengthen the standards program by allowing stakeholders to directly petition the Department of Energy to update its test procedures and standards and reduce bureaucratic delays. The bill would strengthen the Energy Star Program by adopting several recommendations made by the EPA inspector general and Consumer Reports, such as improving monitoring and enforcement of Energy Star compliance. Last month, President Obama recognized the value and potential of the standards program to meet the Nation's economic and energy challenges. He noted that standards: will avoid the use of tremendous amounts of energy; over the next 30 years, the savings will approximate the total amount of energy produced over a 2-year period by all of the coal-fired power plants in the Nation. This bill is a good foundation on which to expand our energy efficiency efforts. It should be part of any comprehensive national energy legislation. I look forward to working with energy efficiency advocates, with industry, my Senate colleagues, and the administration to achieve the full potential for these programs and the full benefits of energy efficiency. We will be holding a hearing, as you know, Madam President, on this bill this Thursday, March 19. I hope we will be able to include this legislation as part of a more comprehensive energy bill when we are able to report such a bill out of the Senate Energy and Natural Resources Committee hopefully later this month. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that Michael Gauthier, who is a National Park Service fellow working on the staff of the Committee on Energy and Natural Resources this year, be granted the privilege of the floor for today and for the remainder of the Senate's consideration of H.R. 146.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Monday, March 16, 2009 at 10 a.m.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to meet during the session of the Senate on Monday, March 16, 2009 at 5:30 p.m. in SC-4 of the Capitol.

Mr. BINGAMAN

Mr. BINGAMAN. Madam President, I ask unanimous consent the order for the quorum call be rescinded. The PRESIDING OFFICER (Mrs. Hagan) Without objection, it is so ordered.

Mr. BINGAMAN. What is the business before the Senate?

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, today I join with my colleague and the ranking member of the Committee on Energy and Natural Resources, Senator Murkowski, in introducing S. 598, which is entitled the ``Appliance Standards Improvement Act of 2009.'' This legislation would enhance our economic and energy security, it would save consumers money, and it will reduce greenhouse gas emissions by strengthening two Federal programs that have a 20-year record of success; that is, the Department of Energy's Appliance Standards Program and the joint DOE and EPA Energy Star Program. The Department of Energy's standards program establishes minimum energy efficiency standards for 35 products and phases out the manufacture and sale of the least efficient models for those products. The American Council for an Energy Efficient Economy, ACEEE, estimates that national electricity use by 2020 will be nearly 16 percent less than it would have been without this standards program, which we have had in law now for many years. The Energy Star Program is a voluntary program that promotes the development and sale of highly efficient appliances through labeling and marketing. Among its success stories is the dramatic increase in refrigerator efficiency and cost savings. The annual operating cost for Energy Star-qualified refrigerators has dropped from $243 in the 1970s to $46 today. The Department of Energy estimates that in 2006, Energy Star saved almost 5 percent of the Nation's electricity demand, helped avoid greenhouse gas emissions equivalent to 25 million automobiles, and saved consumers more than $14 billion. Notwithstanding this record of success, further increases in the efficiency of appliances remains one of the most cost-effective strategies we can pursue to enhance our economic and energy security. The bill I am introducing, along with Senator Murkowski, would expand the Department of Energy's program by establishing programs for affordable light fixtures and table and floor lamps. These products are found throughout the Nation's homes and businesses, and improving their efficiency can have enormous benefits. ACEEE estimates that annual savings would build up to about 4 billion kilowatt hours by 2020, 750 megawatts in peak-demand savings, and about $4 billion of savings to consumers for purchases through the year 2030. The bill would further strengthen the standards program by allowing stakeholders to directly petition the Department of Energy to update its test procedures and standards and reduce bureaucratic delays. The bill would strengthen the Energy Star Program by adopting several recommendations made by the EPA inspector general and Consumer Reports, such as improving monitoring and enforcement of Energy Star compliance. Last month, President Obama recognized the value and potential of the standards program to meet the Nation's economic and energy challenges. He noted that standards: will avoid the use of tremendous amounts of energy; over the next 30 years, the savings will approximate the total amount of energy produced over a 2-year period by all of the coal-fired power plants in the Nation. This bill is a good foundation on which to expand our energy efficiency efforts. It should be part of any comprehensive national energy legislation. I look forward to working with energy efficiency advocates, with industry, my Senate colleagues, and the administration to achieve the full potential for these programs and the full benefits of energy efficiency. We will be holding a hearing, as you know, Madam President, on this bill this Thursday, March 19. I hope we will be able to include this legislation as part of a more comprehensive energy bill when we are able to report such a bill out of the Senate Energy and Natural Resources Committee hopefully later this month. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I would like to announce for the information of the Senate and the public that a business meeting has been scheduled before Committee on Energy and Natural Resources. The business meeting will be held on Wednesday, March 18, 2009, at 9:30 a.m. immediately following the beginning of the Full Committee Hearing, in room SD-366 of the Dirksen Senate Office Building. The purpose of the Business Meeting is to consider the nomination of David J. Hayes, to be Deputy Secretary of the Interior. For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. BINGAMAN. 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, March 19, 2009, 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 the Appliance Standards Improvement Act of 2009. 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 may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510-6150, or by e-mail to Rosemarie_Calabro@energy.senate.gov. For further information, please contact Allen Stayman at (202) 224- 7865 or Rosemarie Calabro at (202) 224-5039.

Mr. BINGAMAN

Mr. BINGAMAN. 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, March 18, 2009, 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 nuclear energy 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 may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510-6150, or by e-mail to Amanda_kelly@energy.senate.gov. For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. BINGAMAN. 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 Tuesday, March 17, 2009, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building. The Committee will conduct an oversight hearing on energy development on public lands and the outer Continental Shelf. 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 may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510-6150, or by e-mail to Gina_Weinstock@energy.senate.gov. For further information, please contact Patty Beneke at (202) 224- 5451 or Gina Weinstock at (202) 224-5684. committee on indian affairs