Jeff Bingaman

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask for the yeas and nays on each of the amendments of the Senator from Oklahoma, if that is appropriate.

Mr. BINGAMAN. Madam President, I ask for the yeas and nays.

Mr. BINGAMAN. I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. BINGAMAN. Madam President, I know the Senator from Washington, Mrs. Murray, is waiting to speak, and I will not take much time except to say Senator Domenici and I obviously had tremendously good help from our staffs. They worked long and hard to put this legislation together and get it into a form where it could be considered by the Senate. We will seek time later this afternoon to elaborate as to the individual members of our staffs who participated and to thank them for their good work. I will yield the floor and allow Senator Murray and Senator Cantwell to speak as provided in the unanimous consent agreement.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, earlier today the Senate passed S. 2739, the Consolidated Natural Resources Act of 2008. As I said during the debate, S. 2739 is a collection of over 60 bills reported from the Committee on Energy and Natural Resources over the past 15 months. This achievement would not have been possible without the hard work of our outstanding staff. Both the ranking member, Senator Domenici, and I are very fortunate to have a very dedicated and experienced professional staff. They service the committee and the Senate well. They deserve our thanks. On the Democratic staff of the committee, senior counsel David Brooks had the lead role in assembling the bill. He deserves special acknowledgment. In addition, though, I want to particularly thank the committee's staff director, Bob Simon, for his wonderful work on this legislation, as on all the legislation that comes through our committee; our chief counsel, Sam Fowler, for his superb work, as always; counsels Mike Connor, Kira Finkler, and Scott Miller, and professional staff members Angela Becker-Dimmpann, Jonathan Epstein, and Al Stayman. I would also like to thank the committee's chief clerk, Mia Bennett; executive assistant Amanda Kelly; communications director Bill Wicker; press secretary David Marks; staff assistants Rosemarie Calabro, Rachel Pasternack, and Gina Weinstock; and our Bevinetto fellow who works on our staff, Karl Cordova. On the Republican side, let me acknowledge Senator Domenici's staff director, Frank Macchiarola, who did an excellent job here; his chief counsel, Judy Pensabene; professional staff members Kathryn Clay, Frank Gladics, Josh Johnson, and Tom Lilly; and executive assistant Kara Weishaar. In addition, I am very grateful to the committee's nondesignated staff: AnnaKristina Fox, Dawson Foard, Nancy Hall, Amber Passmore, Monica Chestnut, and Wanda Green. Finally, let me acknowledge the great help in bringing the bill to the floor we received from the majority leader and his staff: Neil Kornze, Chris Miller, Randy DeValk, Gary Myrick, and, as always, the secretary for the majority, Lula Davis. All of these fine staff members had a hand in putting S. 2739 together and moving it through the legislative process. We would not have been able to pass the bill without their hard work and their professionalism. I wish to thank each and every one of them for the good work. Mr. President, I know the Senator from Colorado is here to speak. I yield the floor.

Mr. BINGAMAN

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

Mr. BINGAMAN. Mr. President, I wish to speak for a few minutes in support of the Ensign-Cantwell amendment that I understand is to be offered to the pending legislation. I have long maintained that targeted tax incentives are an essential component of a new energy policy for our country. Accordingly, I look forward to voting for this amendment. Because of my longstanding commitment to fiscal responsibility, I want to also point out my disappointment that the amendment is not going to be paid for in this legislation. There is no denying that these incentives play a vital role in promoting clean, renewable energy and energy efficiency and, in turn, reducing our dependence on conventional fuels, promoting a more secure energy supply, and combating global warming. Secondarily, though also critically, these tax incentives create high-wage jobs and reduce consumer and business energy costs. In the 110th Congress, we have already tried three times, unsuccessfully, to extend these tax provisions. We cannot afford to wait any longer. Business decisions are not made overnight, and companies that invest in these technologies need to plan with certainty. But because of congressional inaction, companies are already putting on hold or canceling plans to create and expand investments that currently benefit from these tax incentives. It is because of this urgency that I plan to vote for the Cantwell- Ensign amendment. But because the extensions are not paid for, I will cast my vote with less than full enthusiasm. This amendment will add to our unsustainable budget deficits. Already we send 9 cents out of every dollar we collect to pay interest on our national debt. There is no justification, other than politics, not to offset the amendment. My colleagues in the House have shown greater fiscal restraint than we have in the Senate. Because they are less willing to break from the pay-go rules that have been adopted in both Chambers, I doubt that the House will accept these extensions without some corresponding offsets. This leaves the administration with a key role to play in developing a compromise that will be acceptable to both Chambers and that will be signed by the President. President Bush has previously committed to support these tax incentives which were enacted by the Energy Policy Act of 2005. I can recall when he visited my home State of New Mexico to sign that legislation. The President praised the bill for recognizing ``that America is the world's leader in technology and that we've got to use technology to be the world's leader in energy conservation.'' But while Congress has been working to ensure that America maintains this leadership role, the administration has been absent. They have rebuffed our requests to identify any acceptable offsets. Most recently, we were told by the Department of Treasury that the administration will not support the use of sufficient revenue raisers listed in its so-called blue book. Why? Because Treasury has reserved those offsets to pay for other priorities. I call upon the President and this administration to work with Congress in good faith to find a way to pay for these incentives. The time is far overdue to send the President a package to extend these tax provisions--a package that can pass the Congress and can be signed into law. I yield the floor, and I suggest the absence of a quorum.

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 Water and Power of the Committee on Energy and Natural Resources. The hearing will be held on Thursday, April 17, 2007, at 2 p.m., in room SD366 of the Dirksen Senate Office Building in Washington, DC. The purpose of the hearing is to receive testimony on the increasing number of issues associated with aging water resource infrastructure that is operated and maintained, or owned, by the United States Bureau of Reclamation. Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to Gina_Weinstock@energy.senate.gov. For further information, please contact Michael Connor at (202) 224-5479 or Gina Weinstock at (202) 224-5684.

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 Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. The hearing will be held on Tuesday, April 15, 2008, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to receive testimony on the following bills: S. 570 and H.R. 1011, to designate additional National Forest System lands in the State of Virginia as wilderness or a wilderness study area, to designate the Kimberling Creek Potential Wilderness Area for eventual incorporation in the Kimberling Creek Wilderness, to establish the Seng Mountain and Bear Creek Scenic Areas, to provide for the development of trail plans for the wilderness areas and scenic areas, and for other purposes; S. 758 and H.R. 1311, to direct the Secretary of the Interior to convey the Alta-Hualapai Site to the city of Las Vegas, Nevada, for the development of a cancer treatment facility; S. 1680, to provide for the inclusion of certain non-Federal land in the Izembek National Wildlife Refuge and the Alaska Peninsula National Wildlife Refuge in the State of Alaska, and for other purposes; S. 2109, to designate certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in Riverside County as a wild, scenic, or recreational river, to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for other purposes; S. 2124, to direct the Secretary of Agriculture to convey certain land in the Beaverhead-Deerlodge National Forest, Montana, to Jefferson County, Montana, for use as a cemetery; and S. 2581, to designate as wilderness additional National Forest System lands in the Monongahela National Forest in the State of West Virginia, and for other purposes. Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to rachel_pasternack@energy.senate .gov.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, today, I am introducing a bill, with Senator Domenici's support, that would authorize the Bureau of Reclamation to help communities in eastern New Mexico develop the Eastern New Mexico Rural Water System, ENMRWS. The water supply and long-term security to be made available by this project is absolutely critical to the region's future. I look forward to working with my colleagues here in the Senate to help make this project a reality. This is the third time this bill has been introduced. In June 2004, it was the subject of a hearing before the Water & Power Subcommittee of the Energy & Natural Resources Committee. At that hearing, the Bureau of Reclamation raised a number of issues that needed to be addressed by the Project sponsors prior to securing Reclamation's support. Last August, the Energy & Natural Resources Committee conducted a field hearing on the project in Clovis, New Mexico, and it was clear that the sponsors have worked diligently to address the issues raised by Reclamation. Given that progress and the broad support that exists for the project, it is time to move forward with Federal authorization under Reclamation's rural water program. The source of water for the ENMRWS is Ute Reservoir, a facility constructed by the State of New Mexico in the early 1960s. In 1966, Congress authorized Reclamation to study the feasibility of a project that would utilize Ute Reservoir to supply water to communities in eastern New Mexico, P.L. 89-561. Numerous studies were completed, but it was not until recently that several communities, concerned about their reliance on declining and degraded groundwater supplies in the area, began to plan seriously for the development of a regional water system that would make use of the renewable supply available from Ute Reservoir. As part of that process, the Eastern New Mexico Rural Water Authority was formed to carry out the development of the ENMRWS. The Authority consists of six communities and two counties in eastern New Mexico, and has been very effective in securing local funds and State funding to support the studies and planning necessary to move the project forward. To date, the State of New Mexico has provided approximately $7.5 million to develop the ENMRWS. Mr. President, this is a very important bill to the citizens of New Mexico. It has the broad support of the communities in the region as well as financial support from the State of New Mexico. There is no question that completion of the ENMRWS will provide communities in Curry and Roosevelt counties with a long-term renewable source of water that is needed to sustain current economic activity and support future development in the region. I hope my colleagues will support this legislation and help address one of the many pressing water needs in the rural West. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, today, I am introducing a bill, with Senator Domenici's support, that would authorize the Bureau of Reclamation to help communities in eastern New Mexico develop the Eastern New Mexico Rural Water System, ENMRWS. The water supply and long-term security to be made available by this project is absolutely critical to the region's future. I look forward to working with my colleagues here in the Senate to help make this project a reality. This is the third time this bill has been introduced. In June 2004, it was the subject of a hearing before the Water & Power Subcommittee of the Energy & Natural Resources Committee. At that hearing, the Bureau of Reclamation raised a number of issues that needed to be addressed by the Project sponsors prior to securing Reclamation's support. Last August, the Energy & Natural Resources Committee conducted a field hearing on the project in Clovis, New Mexico, and it was clear that the sponsors have worked diligently to address the issues raised by Reclamation. Given that progress and the broad support that exists for the project, it is time to move forward with Federal authorization under Reclamation's rural water program. The source of water for the ENMRWS is Ute Reservoir, a facility constructed by the State of New Mexico in the early 1960s. In 1966, Congress authorized Reclamation to study the feasibility of a project that would utilize Ute Reservoir to supply water to communities in eastern New Mexico, P.L. 89-561. Numerous studies were completed, but it was not until recently that several communities, concerned about their reliance on declining and degraded groundwater supplies in the area, began to plan seriously for the development of a regional water system that would make use of the renewable supply available from Ute Reservoir. As part of that process, the Eastern New Mexico Rural Water Authority was formed to carry out the development of the ENMRWS. The Authority consists of six communities and two counties in eastern New Mexico, and has been very effective in securing local funds and State funding to support the studies and planning necessary to move the project forward. To date, the State of New Mexico has provided approximately $7.5 million to develop the ENMRWS. Mr. President, this is a very important bill to the citizens of New Mexico. It has the broad support of the communities in the region as well as financial support from the State of New Mexico. There is no question that completion of the ENMRWS will provide communities in Curry and Roosevelt counties with a long-term renewable source of water that is needed to sustain current economic activity and support future development in the region. I hope my colleagues will support this legislation and help address one of the many pressing water needs in the rural West. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to introduce the Rio Grande Pueblos Irrigation Infrastructure Improvement Act of 2008. This legislation is based on recommendations made by the 2000 report by the Bureau of Reclamation and Bureau of Indian Affairs entitled Pueblo Irrigation Facilities Rehabilitation Report. This report identifies the serious needs that exist in rehabilitating Pueblo Indian irrigation infrastructure, and more importantly, the lack of any existing program to meet these challenges. The 18 Pueblos of the Rio Grande basin have historically sustained themselves through agriculture, irrigating their crops with water from the Rio Grande watershed. However, the number of Pueblo irrigation works in serious disrepair has placed this way of life in jeopardy. In many cases, diversion structures and other facilities are unsafe, barely operable, and wholly inefficient, thereby preventing the irrigation of historical farmland. Despite the time and effort the Pueblo people have committed to operating and maintaining these irrigation systems, the tribes lack the financial and technical resources to carry out the necessary improvements by themselves. Unfortunately, according to a recent GAO Report on the Bureau of Indian Affairs' irrigation program, it appears that the BIA also lacks the resources necessary to maintain irrigation infrastructure on Indian land. Given this and the BIA's historical lack of attention to the issue, it is clear that the Bureau of Reclamation may be best suited to provide the technical expertise needed to assist the Pueblos. Over the last 5 years, Reclamation has funded a number of water conservation efforts within its irrigation projects in New Mexico. The work that's been done has been highly beneficial, and it's time to include the Rio Grande Pueblos in that effort. Accordingly, this bill directs the Secretary of the Interior, through the Bureau of Reclamation, to work with the eighteen Pueblos in the Rio Grande basin to assess Pueblo irrigation infrastructure and initiate projects to rehabilitate and repair such infrastructure on Pueblo lands. Moreover, the activity authorized in the bill is consistent with the goals of Reclamation's Water 2025 program. Recognizing the limited resources available within Reclamation, though, the bill directs the Secretary of the Interior to work with BIA, the Natural Resources Conservation Service, and the Army Corps of Engineers to identify opportunities to use the authorities of those agencies to collaborate on projects that make sense to all involved. By focusing Federal resources and expertise on this problem now, the federal government, as part of its trust responsibility, will help prevent further deterioration of Pueblo irrigation systems and any additional rehabilitation costs in the future. The Rio Grande Pueblos will benefit markedly from increased agricultural productivity, increased water conservation, and overall safer facilities. More importantly however, these improvements have the capacity to assist the Pueblos in sustaining their historical way of life, both economically and culturally. Finally, the overall health of the Rio Grande basin will likely benefit through increased efficiency in water use. For these reasons, I urge my colleagues to support this legislation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to introduce the Rio Grande Pueblos Irrigation Infrastructure Improvement Act of 2008. This legislation is based on recommendations made by the 2000 report by the Bureau of Reclamation and Bureau of Indian Affairs entitled Pueblo Irrigation Facilities Rehabilitation Report. This report identifies the serious needs that exist in rehabilitating Pueblo Indian irrigation infrastructure, and more importantly, the lack of any existing program to meet these challenges. The 18 Pueblos of the Rio Grande basin have historically sustained themselves through agriculture, irrigating their crops with water from the Rio Grande watershed. However, the number of Pueblo irrigation works in serious disrepair has placed this way of life in jeopardy. In many cases, diversion structures and other facilities are unsafe, barely operable, and wholly inefficient, thereby preventing the irrigation of historical farmland. Despite the time and effort the Pueblo people have committed to operating and maintaining these irrigation systems, the tribes lack the financial and technical resources to carry out the necessary improvements by themselves. Unfortunately, according to a recent GAO Report on the Bureau of Indian Affairs' irrigation program, it appears that the BIA also lacks the resources necessary to maintain irrigation infrastructure on Indian land. Given this and the BIA's historical lack of attention to the issue, it is clear that the Bureau of Reclamation may be best suited to provide the technical expertise needed to assist the Pueblos. Over the last 5 years, Reclamation has funded a number of water conservation efforts within its irrigation projects in New Mexico. The work that's been done has been highly beneficial, and it's time to include the Rio Grande Pueblos in that effort. Accordingly, this bill directs the Secretary of the Interior, through the Bureau of Reclamation, to work with the eighteen Pueblos in the Rio Grande basin to assess Pueblo irrigation infrastructure and initiate projects to rehabilitate and repair such infrastructure on Pueblo lands. Moreover, the activity authorized in the bill is consistent with the goals of Reclamation's Water 2025 program. Recognizing the limited resources available within Reclamation, though, the bill directs the Secretary of the Interior to work with BIA, the Natural Resources Conservation Service, and the Army Corps of Engineers to identify opportunities to use the authorities of those agencies to collaborate on projects that make sense to all involved. By focusing Federal resources and expertise on this problem now, the federal government, as part of its trust responsibility, will help prevent further deterioration of Pueblo irrigation systems and any additional rehabilitation costs in the future. The Rio Grande Pueblos will benefit markedly from increased agricultural productivity, increased water conservation, and overall safer facilities. More importantly however, these improvements have the capacity to assist the Pueblos in sustaining their historical way of life, both economically and culturally. Finally, the overall health of the Rio Grande basin will likely benefit through increased efficiency in water use. For these reasons, I urge my colleagues to support this legislation. 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 hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and Natural Resources. The hearing will be held on April 8, 2008, at 2:30 p.m. in room 366 of the Dirksen Senate Office Building in Washington, DC. The purpose of the hearing is to receive testimony on the following bills: S. 2259/H.R. 813, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, and for other purposes; H.R. 31, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Elsinore Valley Municipal Water District Wildomar Service Area Recycled Water Distribution Facilities and Alberhill Wastewater Treatment and Reclamation Facility Projects; H.R. 716, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Santa Rosa Urban Water Reuse Plan; H.R. 786, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Los Angeles County Water Supply Augmentation Demonstration Project, and for other purposes; H.R. 1140, to authorize the Secretary, in cooperation with the City of San Juan Capistrano, California, to participate in the design, planning, and construction of an advanced water treatment plant facility and recycled water system, and for other purposes; H.R. 1503, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Avra/Black Wash Reclamation and Riparian Restoration Project; H.R. 1725, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Rancho California Water District Southern Riverside County Recycled/Non-Potable Distribution Facilities and Demineralization/Desalination Recycled Water Treatment and Reclamation Facility Project; H.R. 1737, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters in the area of Oxnard, California; and H.R. 2614, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in certain water projects in California. Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to Gina_Weinstock@energy.senate.gov. For further information, please contact Michael Connor at (202) 224- 5479 or Gina Weinstock at (202) 224-5684.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise to introduce a bill important to public health and safety and the environment in the West. This legislation addresses a recent interpretation by the Department of the Interior, DOI, which restricts the ability of states to use certain funds under the Abandoned Mine Land, AML, Program authorized by the Surface Mining Control and Reclamation Act, SMCRA, for non-coal mine reclamation. The Tax Relief and Health Care Act of 2006 contained amendments to SMCRA reauthorizing collection of an AML fee on coal produced in the U.S. and making certain modifications to the AML program. Under this program, which is administered by DOI, funds are expended to reclaim abandoned mine lands, with top priority for protecting public health, safety, general welfare, and property and restoration of land and water resources adversely affected by past mining practices. The program is largely directed to abandoned coal mine reclamation, but under section 409 of SMCRA, limited funds have been available to address non-coal mine sites. Unfortunately, the Department of the Interior has interpreted the amendments in a manner that limits the ability of western states to use certain funds under SMCRA to address significant problems relating to non-coal abandoned mines, despite the fact that these funds had previously been available for these purposes. Section 409 of SMCRA, provides that states may address public health and safety hazards at abandoned mine sites, both coal and non-coal. Western states such as New Mexico, Colorado, and Utah, have prioritized the use of AML funds to undertake the most pressing reclamation work on both coal and non-coal mine sites. While activities on non-coal sites have consumed a relatively insignificant portion of the funding provided for the overall AML program, the results in terms of public health and safety in these states is considerable, and there is significant work yet to be done. For example, New Mexico alone has over 15,000 remaining mine openings with a vast majority of these being non- coal. All AML-related fatalities in the State in the last few decades have been at non-coal mine sites. I disagree with this interpretation by DOI. This result was not the intention of those of us working on the SMCRA amendments, and I believe the interpretation is in error. First, OSM's interpretation disregards the fact that section 409 was left unamended by the Congress. Furthermore, this interpretation is inconsistent with assurances repeatedly given to us by OSM during the consideration of the legislation that non-coal work could continue to be undertaken with these AML funds. Finally, the interpretation has the unacceptable result of requiring states to devote funds to low priority coal sites while leaving dangerous non-coal sites unaddressed. The bill that I am introducing today would correct this problem by modifying the language of SMCRA to clarify that the funding would be available for noncoal reclamation as it was prior to the passage of the amendments in 2006. Under the bill, western, non-certified States could continue to use the payments comprising their so-called previously unappropriated state share balances for noncoal reclamation. I hope that my colleagues will support this legislation, which has important implications for abandoned mine clean-up in the West. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, this amendment is to raise the caps in the appropriate accounts so there is room in this budget for the President's requested levels of spending for the National Science Foundation and for the Office of Science in the Department of Energy, for science and math education, for research and development. It is an amendment I am proposing for myself and Senator Alexander, Senator Domenici, Senator Kennedy, Senator Mikulski, Senator Ensign, Senator Durbin, Senator Landrieu, Senator Feinstein, Senator Lieberman, and Senator Schumer. This is bipartisan. It is something we should do. It follows on to the America COMPETES Act that we passed last year. Let me defer to Senator Alexander the remainder of the time.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise to introduce a bill important to public health and safety and the environment in the West. This legislation addresses a recent interpretation by the Department of the Interior, DOI, which restricts the ability of states to use certain funds under the Abandoned Mine Land, AML, Program authorized by the Surface Mining Control and Reclamation Act, SMCRA, for non-coal mine reclamation. The Tax Relief and Health Care Act of 2006 contained amendments to SMCRA reauthorizing collection of an AML fee on coal produced in the U.S. and making certain modifications to the AML program. Under this program, which is administered by DOI, funds are expended to reclaim abandoned mine lands, with top priority for protecting public health, safety, general welfare, and property and restoration of land and water resources adversely affected by past mining practices. The program is largely directed to abandoned coal mine reclamation, but under section 409 of SMCRA, limited funds have been available to address non-coal mine sites. Unfortunately, the Department of the Interior has interpreted the amendments in a manner that limits the ability of western states to use certain funds under SMCRA to address significant problems relating to non-coal abandoned mines, despite the fact that these funds had previously been available for these purposes. Section 409 of SMCRA, provides that states may address public health and safety hazards at abandoned mine sites, both coal and non-coal. Western states such as New Mexico, Colorado, and Utah, have prioritized the use of AML funds to undertake the most pressing reclamation work on both coal and non-coal mine sites. While activities on non-coal sites have consumed a relatively insignificant portion of the funding provided for the overall AML program, the results in terms of public health and safety in these states is considerable, and there is significant work yet to be done. For example, New Mexico alone has over 15,000 remaining mine openings with a vast majority of these being non- coal. All AML-related fatalities in the State in the last few decades have been at non-coal mine sites. I disagree with this interpretation by DOI. This result was not the intention of those of us working on the SMCRA amendments, and I believe the interpretation is in error. First, OSM's interpretation disregards the fact that section 409 was left unamended by the Congress. Furthermore, this interpretation is inconsistent with assurances repeatedly given to us by OSM during the consideration of the legislation that non-coal work could continue to be undertaken with these AML funds. Finally, the interpretation has the unacceptable result of requiring states to devote funds to low priority coal sites while leaving dangerous non-coal sites unaddressed. The bill that I am introducing today would correct this problem by modifying the language of SMCRA to clarify that the funding would be available for noncoal reclamation as it was prior to the passage of the amendments in 2006. Under the bill, western, non-certified States could continue to use the payments comprising their so-called previously unappropriated state share balances for noncoal reclamation. I hope that my colleagues will support this legislation, which has important implications for abandoned mine clean-up in the West. 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 hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, April 3, 2008, at 9:30 a.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to examine the influence of non- commercial, institutional investors on the price of oil. 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 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 Committee on Energy and Natural Resources Subcommittee on National Parks. The hearing will be held on Wednesday, April 9, 2008, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to receive testimony on the following bills: S. 1633, to authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of inducing the battlefield and related sites of the Battle of Shepherdstown in Shepherdstown, West Virginia, as part of Harpers Ferry National Historical Park or Antietam National Battlefield, and for other purposes; S. 1993 and H.R. 2197, to modify the boundary of the Hopewell Culture National Historical Park in the State of Ohio, and for other purposes; S. 2207, to direct the Secretary of the Interior to study the suitability and feasibility of designating Green McAdoo School in Clinton, Tennessee, as a unit of the National Park System, and for other purposes; S. 2254, to establish the Mississippi Hills National Heritage Area in the State of Mississippi, and for other purposes; S. 2262, to authorize the Preserve America Program and Save America's Treasures Program, and for other purposes; S. 2329 and H.R. 2627, to establish the Thomas Edison National Historical Park in the State of New Jersey as the successor to the Edison National Historic Site; S. 2502 and H.R. 3332, to provide for the establishment of a memorial within Kalaupapa National Historical Park located on the island of Molokai, in the State of Hawaii, to honor and perpetuate the memory of those individuals who were forcibly relocated to the Kalaupapa Peninsula from 1866 to 1969, and for other purposes; S. 2512, to establish the Mississippi Delta National Heritage Area in the State of Mississippi, and for other purposes; H.R. 3998, to authorize the Secretary of the Interior to conduct special resources studies of certain lands and structures to determine the appropriate means for preservation, use, and management of the resources associated with such lands and structures. Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to rachel_pasternack@energy.senate .gov. For further information, please contact David Brooks at (202) 224- 9863 or Rachel Pasternack at (202) 224-0883.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I am pleased to submit today, on behalf of Senator Lugar, Senator Stabenow, Senator Domenici and others, a resolution recognizing an exciting private-sector effort to encourage breakthrough technology in fuel economy. This effort, patterned on the Ansari X-prize competition that led to the development of spacecraft that is likely to make commercial space travel a reality, seeks to apply the same competitive spirit among the best minds in the United States to the pernicious problem of our outsized dependence on foreign oil. The competition will launch at the upcoming New York Auto Show and sets an ambitious goal for claiming the prize; the winning entrant must produce a commercially viable vehicle that gets at least 100 miles per gallon fuel efficiency over a series of road trials meant to simulate real world driving conditions. It should be an exciting competition, and it is certainly a worthy goal. I wish them the best of luck and look forward to seeing the innovations they inspire.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I thank the managers of the bill and all colleagues. Let me mention, I believe Senator Kennedy wishes to speak in favor of the amendment after Senator Alexander speaks. So I believe he will be coming to the floor. I hope there is an opportunity for him to do that before we proceed too far this morning. Amendment No. 4173 Mr. President, I call up amendment No. 4173 and ask for its immediate consideration.

Mr. BINGAMAN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. BINGAMAN. Mr. President, this is an amendment I am offering on behalf of myself, Senator Alexander, Senator Kennedy, Senator Domenici, Senator Mikulski, Senator Ensign, and others to offer an amendment to the budget resolution to do two things: to fund the Office of Science within the Department of Energy and also to fund the National Science Foundation at the fiscal year 2009 funding levels that have been proposed in the President's budget. Last year, on a bipartisan basis, Congress passed the COMPETES Act. I compliment my colleague, who is here on the floor with me today, Senator Alexander, for his leadership in that legislation. This was bipartisan legislation. It was strongly endorsed by Members of the Senate. It authorized a number of programs based upon the recommendations that came from the National Academies report entitled ``Rising Above the Gathering Storm.'' Specifically, the COMPETES Act authorized a doubling of the budgets for the National Science Foundation and the Department of Energy's Office of Science over a period of 7 years. The Office of Science and the National Science Foundation are the two principal agencies charged with maintaining the nondefense basic science enterprise of our Nation, which serves as the wellspring for future innovation and for our global competitiveness. For the Office of Science, the America COMPETES Act authorized a 12- percent increase relative to fiscal year 2007. The President's Advanced Competitiveness Initiative would have increased the Office of Science by 7.2 percent. For the National Science Foundation, the COMPETES Act authorized a 12-percent increase as compared to the President's Advanced Competitiveness Initiative proposed increase of 9.3 percent. The COMPETES Act was passed into law last August. At that time, the appropriations bills in both Chambers kept the funding levels for both offices I am speaking about here at or above the President's request. But by the time the Congress made the deep cuts that were required by the administration in order to get an omnibus spending bill passed in December, all of the gains that had earlier been in appropriations bills for the Office of Science and for the National Science Foundation were lost, and both of those offices were flat funded when you account for inflation. Let me talk a few minutes about why these two programs are so important to our ability to compete globally. As noticed in the President's budget, the National Science Foundation is the principal source of Federal support for strengthening science and math education. Education and human resource programs at the National Science Foundation support technological innovation to enhance economic competitiveness and new job growth. They address the workforce needs of the country. They help to ensure a pool of talented experts. Many of these programs are critical to developing and advancing the knowledge of our country's K through 12 math and science teachers as well. When we passed the America COMPETES Act, we recognized that this country is facing a critical shortage in well-prepared math and science teachers. Accordingly, we significantly expanded the Robert Noyce Scholarship program, which prepares science, technology, engineering, and mathematics undergraduate students and professionals to become math and science teachers. Among a number of changes, we required increased collaboration between science and education faculty to establish STEM teacher education programs--STEM, of course, refers to science, technology, engineering, and math teachers--and increased scholarships and stipends to at least $10,000 per year, for up to 3 years of scholarship support, beginning with the junior year. We also increased funding significantly in order to meet these objectives. Congress anticipated that the Noyce program would grow to become a major source of effective training for our science, technology, engineering, and mathematics teachers. Research shows that students' performance on annual math and science assessments improved in almost every age group when their schools were involved in a program that linked K through 12 teachers with their colleagues in higher education. The Math and Science Partnership I am referring to helps forge these connections between K through 12 and higher education to strengthen math and science teaching skills, improve curriculum, and provide college preparatory programs for students. The Office of Science at the Department of Energy also makes significant contributions to math and science education. Among the things the America COMPETES Act authorizes for the Department of Science are: to help establish statewide specialty schools in math and science; to get middle and high school students around the State involved in national laboratories through internship programs; and to require the national laboratories to partner with local school districts and to adopt at least one high-need high school and transform these schools into centers of excellence in mathematics and science. This is only a small part of what the Office of Science does. Simply put, it provides the support for much of the basic scientific research that will drive the industries of the future. It funds facilities that help us understand the basics of materials, funds research into such critical areas as biogenetic sequencing, and provides support for much of the physical sciences enterprise in this country. Once again, for fiscal year 2009, the President has come forward proposing increases for both the National Science Foundation and the Office of Science. Relative to fiscal year 2008, the President's proposed budget increase for these two agencies amounts to $1.4 billion. This amount would not bring the levels for these two agencies to the full level we authorized in the America COMPETES Act for fiscal year 2009, but they are a substantial step in the right direction, and I strongly support these increases. So the amendment my cosponsors and I are offering today adds another $600 million to the budget resolution, as reported by the Committee on the Budget, to at least meet the level the President has indicated he is willing to support. I believe this addition to the budget resolution can and should command broad bipartisan support in the Senate, just as the America COMPETES Act was broadly supported on a bipartisan basis here in the Senate. I urge my colleagues to support the amendment. I know my colleague from Tennessee is here to speak in favor of it as well. I again compliment him for his leadership on the issue. I yield the floor.

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, April 1, 2008, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to consider S. 2593, a bill to establish a program at the Forest Service and the Department of the Interior to carry out collaborative ecological restoration treatments for priority forest landscapes on public land, and for other purposes. Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to rachel_pasternack@energy.senate .gov. For further information, please contact Rachel Pasternack at (202) 224-0883 or Scott Miller at (202) 224-5488.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I wish to speak about the tragic deaths of women and girls in Guatemala and to note the passage of a resolution I introduced that is aimed at enhancing efforts by the Governments of Guatemala and the United States to address this serious issue. The resolution, S. Res. 178, which passed the Senate last night, is cosponsored by Senators Boxer, Casey, Dodd, Durbin, Feingold, Feinstein, Lautenberg, Leahy, Lincoln, Menendez, Sanders, Smith, and Snowe. Mr. President, since 2001 more than 2,000 women and girls have been murdered in Guatemala. Although the overall murder rate in the country is extremely troubling, the murder rate with regard to women has increased at an alarming rate it almost doubled from 2001 to 2006. While these killings may be due to a variety of factors, what clearly unifies these cases is the fact that very few of the perpetrators have been brought to justice. It is my understanding that, as of 2006, there were only 20 convictions for these killings. The general lack of respect for the rule of law, inadequate legal protections for women, ongoing violence in the country, corruption, insufficient resources, substandard investigations, and the lack of independent and effective judicial and prosecutorial systems, all contribute to the inability of the Government of Guatemala to hold those responsible for these killings accountable for their crimes. The result is a sense of impunity for crimes against women in the country. The Government of Guatemala has taken some steps to address these killings. Guatemala has created special police and prosecutorial units to investigate these murders and repealed the so-called ``Rape Law'' which had absolved perpetrators of criminal responsibility for rape upon the perpetrator's marriage with the victim. The Government also entered into an agreement with the United Nations to establish the International Commission Against Impunity in Guatemala, CICIG, which has a mandate to investigate and prosecute illegal security groups operating with impunity. And Guatemala established the National Institute for Forensic Sciences to improve investigatory and evidence gathering efforts. The resolution the Senate passed last night is aimed at raising awareness of this issue and encouraging the Governments of Guatemala and the United States to work together to stop these killings. Among other things, the resolution: condemns these murders and expresses the sympathy of the Senate to the families of women and girls murdered in Guatemala; encourages the Government of Guatemala to act with due diligence in investigating and prosecuting those responsible for these crimes; urges the Government of Guatemala to strengthen domestic violence laws and to provide adequate resources necessary to improve the integrity of the prosecutorial and judicial systems; urges the President and the Secretary of State to incorporate this issue into the bilateral agenda between the Governments of Guatemala and the United States; and encourages the Secretary of State to provide assistance in training and equipping special police units to investigate these crimes, implementing judicial reforms and rule of law programs, establishing a missing persons system, creating an effective witness protection program, and supporting efforts to enhance forensic capabilities. Mr. President, I believe it is very important to give this issue the attention it deserves. Last year, the House of Representatives passed a similar measure, which was introduced by Congresswoman Solis. With passage of this resolution, I am very pleased that the Senate has spoken regarding the need to stop these senseless killings.