[Pages S11914-S11917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. CAMPBELL (for himself and Mr. Johnson):
S. 1647. A bill to amend title XVIII of the Social Security Act to
provide for direct access to audiologists for medicare beneficiaries,
and for other purposes; to the Committee on Finance.
Mr. CAMPBELL. Mr. President, today I am introducing legislation which
would give Medicare recipients the same hearing care options available
to veterans and Senators. Specifically, it would give Medicare
beneficiaries direct access to qualified, licensed audiologists. I am
pleased to be joined in this effort by my colleague, Senator Tim
Johnson.
Today, approximately 28 million Americans are hearing disabled. Many
of them are older Americans--a statistic that is fast increasing with
the aging of the ``baby boomers.'' With 80 to 90 percent of hearing
problems not medically or surgically treatable, it seems only
reasonable that Medicare patients be allowed to consult with an
audiologist without first seeing another provider. It is part of
regular audiological practice to refer patients for medical management
when clinical indicators are present.
In the 1990's, the Department of Veterans Affairs (VA) and the Office
of Personnel Management changed their respective healthcare policies to
allow for the option of direct access to a licensed audiologist.
Earlier this year, I wrote the VA asking if veterans were satisfied
with that coverage for audiological services. According to the VA
response, ``The policy has provided and continues to provide high
quality, cost effective, and successful hearing health care to
veterans.'' It is important to point out that this bill would not
diminish the important role of medical doctors, or expand the scope of
practice for audiology.
This legislation is consumer friendly. It will help our elderly and
rural citizens who often find it difficult to access health care
services. It will provide consistency of policy among Government
agencies. That is why I urge my colleagues to act quickly on this
legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1647

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 ``Hearing Health Accessibility
Act of 2003''.

SEC. 2. DIRECT ACCESS TO QUALIFIED AUDIOLOGISTS FOR MEDICARE
BENEFICIARIES.

Section 1861(ll)(2) of the Social Security Act (42 U.S.C.
1395x(ll)(2)) is amended by inserting before the period at
the end the following: ``, without regard to any requirement
that the individual receiving the audiology services be under
the care of (or referred by) a physician or other health care
practitioner or that such services are provided under the
supervision of a physician or other health care
practitioner''.

SEC. 3. INCLUSION OF AUDIOLOGY SERVICES AS A PART B MEDICAL
SERVICE; PAYMENT.

(a) In General.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (U), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (V)(iii), by inserting ``and'' after
the semicolon at the end; and
(3) by adding at the end the following new subparagraph:
``(W) audiology services (as defined in subsection
(ll)(2));''.
(b) Payment Under the Physician Fee Schedule.--Section
1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended
by inserting ``(2)(W),'' after ``(2)(S),''.

SEC. 4. CONSTRUCTION; EFFECTIVE DATE.

(a) Construction.--Nothing in this Act shall be construed
to expand the scope of audiology services for which payment
may be made under title XVIII of the Social Security Act as
of December 31, 2003.
(b) Effective Date.--The amendments made by this Act shall
take effect with respect to services furnished on or after
January 1, 2004.

Mr. JOHNSON. Mr. President, today I am happy to join my colleague,
Senator Campbell, in introducing legislation that will provide millions
of seniors with direct access to important audiology services through
the Medicare Program.
Approximately 28 million people in the U.S. have some degree of
reduced hearing sensitivity, and of this number, 80 percent have
irreversible hearing loss. The majority of these individuals are 65 and
older, and as the baby boom generation ages, this number will
skyrocket. Hearing loss is the 3rd most prevalent chronic condition in
the older population. One in three people older than 60 and half of
those older than 85 have a hearing loss problem and only about one-
fourth of those who could benefit from a hearing aid actually use one.
Hearing problems can make it difficult to understand and follow a
doctor's advice, respond to warnings, and to hear doorbells and alarms.
They can also take away from the enjoyment of the simple things in
life, like talking to friends and family, or listening to the radio or
television. Additionally, the 21st century work environment requires
intense use of communication and information skills and technologies.
As seniors continue to remain in the workforce for longer periods,
work-related hearing challenges will become increasingly evident and
the individual who has a communication disability, disorder, or
difference will be at a distinct disadvantage.
This legislation will help seniors challenged by hearing problems
obtain direct access to licensed audiologists through the Medicare
Program. Because most of these hearing conditions are not medically or
surgically treatable, direct access to audiology services will allow
comprehensive and timely care through the diagnosis, treatment, and
management of hearing loss. Audiologists can conduct a variety of
specialized auditory assessments and based on such examinations, can
present numerous options to help patients cope with hearing problems.
This legislation will not diminish the important role of primary care
physicians, who closely with audiologists and will remain intimately
involved in patient care as needed under this bill.
Direct access to such audiology services is supported by numerous
governmental agencies. The Centers for Disease Control and Prevention
has recognized the importance of this issue by making access by persons
with hearing impairments to rehabilitative services a Health People
2010 objective. Additionally, the Veteran's Administration and Office
of Personnel Management have established policies to allow
beneficiaries such access. Seniors under the Medicare Program deserve
similar benefits, and I urge my colleagues to support this important
bill.
______

By Mrs. FEINSTEIN:
S. 1648. A bill to modify the date as of which certain tribal land of
the Lytton Rancheria of California is deemed to be held in trust; to
the Committee on Indian Affairs.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
that would partially repeal language from the Omnibus Indian
Advancement Act of 2000; language that circumvents the Indian Gaming
Regulatory Act's common-sense protections and regulatory safeguards
against the inappropriate siting of Nevada-style casinos.
In 2000, a one-paragraph provision was attached to the Omnibus Indian
Advancement Act taking land into trust for a single Indian tribe, the
Lytton, with the aim of allowing the tribe to expedite plans to
establish a large gaming complex in San Pablo, CA.
The site which is not part of, nor adjacent to, any land
traditionally held by the Lytton is, in fact, a 10-acre property which
includes a card club and parking lot, and is located in a major urban
area just outside of San Francisco. The process to bring this land into
trust and sidestep gaming oversight was done without regard for Federal
laws currently in place to regulate the siting of such a casino.
Today California is home to 109 federally recognized tribes. 64
tribes have gaming compacts with the State and there are 54 tribal
casinos. With more than 50 tribes seeking Federal recognition and
approximately 25 recognized

[[Page S11915]]

tribes seeking gaming compacts from the Governor, revenues from
California's tribal gaming industry are expected to be the highest of
any State's by the end of the decade.
I have serious reservations about the expansion of Nevada-style
gaming--with its slot machines and in-house banking--into urban areas,
and I am particularly concerned about off-reservation gambling and
``reservation shopping''. Off-reservation casinos often cause counties
additional costs in public and local services, intrude on residential
areas, and are responsible for an increase of traffic and crime within
local communities.
That said, under proper regulation, gaming in California has the
potential to yield much needed benefits for tribal members in terms of
healthcare, education and general welfare, as Congress and California
voters intended. However, the question is not whether gaming should be
permitted, but rather how and where. Those questions have been
appropriately addressed by the Indian Gaming Regulatory Act.
Without this legislation, the Lytton will be able to take a former
card club and the adjacent parking lot as their reservation and turn it
into a large gambling complex outside the regulations set up by the
Indian Gaming Regulatory Act. Allowing this to happen would set a
dangerous precedent not only for California, but every State where
tribal gaming is permitted.
The changes I seek today are extremely limited. This legislation
would not reverse restoration of the tribe. It would not infringe on
Native American sovereignty. It does not even block the casino
proposal. It only seeks to give the State and the local communities a
voice in the process and ensure that gaming continues to be organized
within the framework of the Indian Gaming Regulatory Act.
Circumventing the processes for Federal recognition of tribal
governments and for granting land into trust presents a variety of
serious and critical multi-jurisdictional issues--issues which can
negatively affect the lives of ordinary citizens and deprive local
governments of their political power to protect their communities.
That is why I believe it is important to seek a remedy which would
restore the Indian Gaming Regulatory Act's oversight over the matter.
The Indian Gaming Regulatory Act has provided this Nation with a fair
and balanced approach to Indian gaming by facilitating tribal plans for
economic recovery without compromising a multitude of factors that
should be taken into account when deciding on the siting of casinos.
This law works. It is a fair process that should continue to be
followed.
It is simply not asking too much to require that Lytton be subject to
the regulatory and approval processes applicable to newly acquired
tribal lands by the Indian Gaming Regulatory Act.
I hope my colleagues will support this legislation and I look forward
to working with the Chairman and Ranking Member of the Indian Affairs
Committee to pass this legislation quickly.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1648

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

SECTION 1. LYTTON RANCHERIA OF CALIFORNIA.

Section 819 of the Omnibus Indian Advancement Act (114
Stat. 2919) is amended by striking the last sentence.
______

By Mr. BINGAMAN (for himself and Mr. Domenici):
S. 1649. A bill to designate the Ojito Wilderness Study Area as
wilderness, to take certain land into trust for the Pueblo of Zia, and
for other purposes; to the Committee on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, I am proud to introduce the ``Ojito
Wilderness Act'', a wilderness bill that has broad support in New
Mexico. This bill designates the State's fourth Bureau of Land
Management Wilderness area, and its first new wilderness area in more
than 15 years. Keeping in mind Theodore Roosevelt's statement that
``there are no words that can tell the hidden spirit of the wilderness,
that can reveal its mystery, its melancholy, and its charm,'' the Ojito
can be described as nearly 11,000 acres of dramatic landforms and
multi-colored rock formations, with sculptured badlands, expansive
plateaus and mesa tops, a high density of cultural and archaeological
sites and paleontological resources, and a diverse array of plant and
animal species. It is an area that is big enough to get lost in, but
small enough that it will not change the fact that only one percent of
New Mexico's BLM lands are designated as wilderness. The bill also
provides for the acquisition of some adjacent public lands by the
Pueblo of Zia for preservation as public open space. I am pleased that
the senior Senator from New Mexico, Senator Domenici, is cosponsoring
this bill and that my distinguished colleague from the Third District
of New Mexico, Representative Udall, is introducing a companion measure
in the House of Representatives.
The support for this proposal truly is impressive. It has been
formally endorsed by the Governor of New Mexico; the local Sandoval
County Commission and the neighboring Bernalillo County Commission; the
Albuquerque City Council; New Mexico House of Representatives Energy
and Natural Resources Committee Chairman James Roger Madalena; the
Governors of the Pueblos of Zia, Santa Ana, Santo Domingo, Cochiti,
Tesuque, San Ildefonso, Pojoaque, Nambe, Santa Clara, San Juan, Sandia,
Laguna, Acoma, Isleta, Picuris, and Taos; the National Congress of
American Indians; the Hopi Tribe; The Wilderness Society; the New
Mexico Wilderness Alliance; the Coalition for New Mexico Wilderness, on
behalf of more than 375 businesses and organizations; the Rio Grande
Chapter of the Sierra Club; the National Parks and Conservation
Association; the Albuquerque Convention and Visitors Bureau; 1000
Friends of New Mexico; and numerous individuals.
The designation of the Ojito Wilderness was recommended by Secretary
of the Interior Manuel Lujan, Jr,.--a former New Mexico Congressman of
20 years--in 1991. Secretary Lujan found the Ojito to have ``high
quality wilderness values'' with ``outstanding opportunities for
solitude and primitive and unconfined recreation,'' as well as
``outstanding photographic and sightseeing opportunities.'' The ``close
proximity to the Albuquerque and Santa Fe population centers, cultural
and paleontological special features, and the lack of resource
conflicts'' made the recommendation particularly strong. President
George H.W. Bush concurred in the recommendation and forwarded it to
Congress for designation. This bill adopts the boundaries recommended
at that time, so there should be no question or dispute that all of the
lands proposed for wilderness in this bill fully qualify for wilderness
status under the Wilderness Act.
This bill also takes advantage of a unique opportunity to benefit
both the Pueblo and the public by authorizing the Pueblo to acquire
some public lands that are sandwiched between the Zia Reservation and
the Ojito Wilderness Study Area. The general public will benefit from
the assurance that these lands will be protected for the future,
forming a protective buffer around the Ojito Wilderness and providing
additional opportunities for primitive public recreation. This bill
secures continued public access to this open space for recreational,
scenic, paleontological, scientific, educational, and conservation
uses.
While these lands are--and will remain--important to the public, they
have special importance to the Pueblo and its people. These lands are
part of the Pueblo's aboriginal land base, and they harbor many
cultural, religious, historical, and archaeological sites of great
import to the Pueblo. By acquiring these lands, the Pueblo will finally
unite the two non-contiguous parts of its Reservation. The Pueblo may
continue to graze its cattle on these lands, but it is prohibited from
using the lands for housing, gaming, mining, or other commercial
enterprises.
The Pueblo will purchase these lands for fair market value, which
will, of course, take into consideration the restrictions and
prohibitions on various uses, the requirement that the natural
characteristics of the land be preserved in perpetuity, and the
guarantee that public access be maintained. Existing rights are
protected, so, for example, the main access road will remain a county
road and the existing pipelines

[[Page S11916]]

and transmission line will be unaffected. The Pueblo also has agreed to
recognize the grazing privileges of a neighboring ranch that has the
only other outstanding grazing permit on the lands to be transferred,
and it is working on memorializing that agreement.
The New Mexico Commissioner of Public Lands, Patrick H. Lyons,
supports this transfer. In a letter endorsing the proposal, he told the
Pueblo that it ``makes sense from a management perspective, and I
applaud your efforts to address this matter in a cooperative manner.
Once transferred, I am confident that the Pueblo of Zia will manage its
acquisition with the same sensitivity with which it manages all its
lands.'' I agree, and this bill authorizes the Pueblo to manage this
land pursuant to regulations that are approved by the Secretary of the
Interior.
I am particularly pleased to introduce this legislation in
celebration of the upcoming 40th anniversary of the Wilderness Act of
1964 and the eightieth anniversary of the Nation's first
administratively-designated wilderness. This celebration is
particularly meaningful to my State of New Mexico, for it is both the
proud birthplace of wilderness and the home to two of its fathers: Aldo
Leopold, who worked from Albuquerque for 15 years to create in 1924 the
Gila wilderness near my home in southern New Mexico, and New Mexico
Senator Clinton Anderson, who was instrumental in codifying Aldo
Leopold's wilderness and ethic 40 years later.
Forty years later still, the Ojito provides a unique wilderness area
that is important not only to its local stewards, but also to the
nearby residents of Albuquerque and Santa Fe, as well as visitors from
across the country. It is an outdoor geology laboratory, offering a
spectacular and unique opportunity to view from a single location the
juxtaposition of the southwestern margin of the Rocky Mountains, the
Colorado Plateau, and the Rio Grande Rift, along with the volcanic
necks of the Rio Puerco Fault. Its rugged terrain offers a rewarding
challenge to hikers, backpackers, and photographers. It shelters
ancient Puebloan ruins and an endemic endangered plant, solitude and
inspiration.
The words of Aldo Leopold and Senator Clinton Anderson are fitting
for the Ojito, for it is ``what the land was, what it is, and what it
ought to be''; let this ``Ojito Wilderness Act'' be ``a demonstration
by our people that we can put aside a portion of this which we have as
a tribute to the Maker and say this we will leave as we found it.''
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1649

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 ``Ojito Wilderness Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the Ojito Wilderness Study Area, located in Sandoval
County, New Mexico, contains dramatic landforms and rock
structures, multicolored badlands, expansive plateaus and
mesa tops, and a high density of cultural and archaeological
sites, paleontological resources, and diverse plant and
animal species;
(2) the Bureau of Land Management evaluated the Ojito area
and found that the area has sufficient land area and natural
characteristics to qualify for full wilderness status and
protection;
(3) in 1992, President George H.W. Bush concurred with the
recommendation of Secretary of the Interior Manuel Lujan,
Jr., that Congress designate the Ojito Wilderness based on
the high quality wilderness values, close proximity to the
Albuquerque and Santa Fe population centers, cultural and
paleontological special features, and the lack of resource
conflicts in the area;
(4) the Pueblo of Zia has worked in cooperation with other
interested parties to reach an agreement under which the
Pueblo would acquire public land adjacent to the Zia
Reservation and the Ojito Wilderness Study Area that would--
(A) enhance the protections for the land in the Ojito area;
and
(B) ensure that the land will remain open to the public for
recreational, scenic, scientific, educational,
paleontological, and conservation uses; and
(5) the transfer of certain parcels of public land to the
Pueblo of Zia and the designation of the Ojito Wilderness as
a component of the National Wilderness Preservation System--
(A) is in the best interest of people of the State of New
Mexico and people from other States;
(B) would preserve and maintain the Ojito as an enduring
resource of wilderness; and
(C) would provide for the management and promotion of the
wilderness character and various resources of the Ojito area
for wildlife habitat protection, scenic and historic
preservation, scientific research and education, primitive
recreation, solitude, and inspiration for present and future
generations of the people of the United States.

SEC. 3. DEFINITIONS.

In this Act:
(1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Trust area map.--The term ``Trust Area map'' means the
map entitled ``Lands Transferred to Pueblo of Zia--
Proposed'', numbered ____, and dated ____________.
(5) Wilderness.--The term ``Wilderness'' means the Ojito
Wilderness designated under section 4.
(6) Wilderness map.--The term ``Wilderness map'' means the
map entitled ``Ojito Wilderness Study Area: Ojito Proposal'',
numbered NM-010-024, and dated April 1990.

SEC. 4. DESIGNATION OF THE OJITO WILDERNESS.

(a) In General.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby
designated as wilderness, and, therefore, as components of
the National Wilderness Preservation System, certain land in
the Albuquerque District-Bureau of Land Management, New
Mexico, which comprise approximately 10,903 acres, as
generally depicted on the Wilderness map, and which shall be
known as the ``Ojito Wilderness''.
(b) Map and Legal Description.--The Wilderness map and a
legal description of the Wilderness shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and Wilderness
map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing
rights, the Wilderness shall be managed by the Secretary, as
appropriate, in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this Act, except that, with respect to the
Wilderness, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a
reference to the date of enactment of this Act.
(d) Management of Newly Acquired Land.--Any land within the
boundaries of the Wilderness that is acquired by the Federal
Government shall become part of the Wilderness within which
the land is located and shall be managed in accordance with
this Act and other laws applicable to the Wilderness.
(e) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall
be administered in accordance with the provisions of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)).
(f) Fish and Wildlife.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section shall be construed as affecting the jurisdiction or
responsibilities of the State with respect to fish and
wildlife in the State.

SEC. 5. LAND HELD IN TRUST.

(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and
interest of the United States in and to the lands (including
improvements, appurtenances, and mineral rights to the lands)
generally depicted on the Trust Area map shall, on receipt of
consideration under subsection (c) and adoption and approval
of regulations under subsection (d), be declared by the
Secretary to be held in trust by the United States for the
Pueblo and shall be part of the Pueblo's Reservation.
(b) Map and Legal Description.--The Trust Area map and a
legal description of the land described in subsection (a)
shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and Trust Area
map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a),

[[Page S11917]]

the Pueblo shall pay to the Secretary the amount that is
equal to the fair market value of the land conveyed, as
subject to the terms and conditions in subsection (d), as
determined by an independent appraisal.
(2) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational,
paleontological, and conservation uses, subject to any
regulations for land management and the preservation,
protection, and enjoyment of the natural characteristics of
the land that are adopted by the Pueblo and approved by the
Secretary.
(2) Conditions.--
(A) In general.--The land conveyed under subsection (a)
shall be maintained as open space, and the natural
characteristics of the land shall be preserved in perpetuity.
(B) Prohibited uses.--The use of motorized vehicles (except
on existing roads or as is necessary for the maintenance and
repair of facilities used in connection with grazing
operations), mineral extraction, housing, gaming, and other
commercial enterprises shall be prohibited within the
boundaries of the land conveyed under subsection (a).
(e) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo for money
damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates the
sovereign immunity of the Pueblo.
(f) Effect.--Nothing in this section shall have the effect
of terminating or affecting the renewal of any validly issued
right-of-way or the customary operation, maintenance, repair,
and replacement activities in such right-of-way, issued,
granted, or permitted by the Secretary on the date of
enactment of this Act.
______

By Mr. INOUYE:
S. 1653. A bill to ensure that recreational benefits are given the
same priority as hurricane and storm damage reduction benefits and
environmental restoration benefits; to the Committee on Environment and
Public Works.
Mr. INOUYE. Mr. President, I rise to introduce the National Beach
Recreation and Economic Benefits Act. This measure would require the
U.S. Army Corps of Engineers, Army Corps, to give recreational benefits
the same priority as hurricane and storm damage reduction benefits when
justifying beach restoration projects.
The Army Corps performs a valuable service in protecting our nation's
beaches against erosion. They have effectively restored and repaired
damaged beaches for over the past 50 years. Unfortunately, under
current policy, the Army Corps only authorizes and funds beach
restoration projects that protect property against storm and hurricane
damage. The Army Corps does not recommend authorization or funding of
beach restoration projects that only provide recreational benefits.
Beaches help support tourism and serve as an important source of fun
for many Americans who seek inexpensive recreation. Many of these
beaches are not eligible for beach restoration because they lack
sufficient structural development along coastlines to warrant a
restoration project solely on the basis of storm or hurricane damage
reduction. While local governments and communities have taken proactive
measures to avert flood damage, they are being denied the much needed
beach restoration assistance by the Army Corps.
In addition, by limiting beach restoration projects to storm and
hurricane damage reduction, the Army Corps has established a policy
that inadvertently aids more developed shorelines than others. The
method for determining storm and hurricane damage reduction benefits is
based on the assessed value of the private property and public
infrastructure immediately adjacent to the beach. Therefore, the
benefits will be much higher for densely developed shorelines than less
densely developed shorelines. For example, a high-rise residential
condominium or hotel would provide more storm reduction benefits than a
single family home.
Accordingly, the National Beach Recreation and Economic Benefits Act
will ensure that recreation benefits are accorded the same
considerations as storm and hurricane damage reduction benefits. I urge
my colleagues to support this measure. I ask unanimous consent that the
text of my bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1653

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 ``National Beach Recreation
and Economic Benefits Act''.

SEC. 2. GOALS TO BE ADDRESSED IN PLANNING OF WATER RESOURCE
PROJECTS.

Section 904 of the Water Resources Development Act of 1986
(33 U.S.C. 2281) is amended to read as follows:

``SEC. 904. GOALS TO BE ADDRESSED IN PLANNING OF WATER
RESOURCE PROJECTS.

``(a) In General.--Each of the goals of enhancing national
economic development, the quality of the total environment,
the well-being of the people of the United States, the
prevention of loss of life, and the preservation of cultural
and historical values shall be addressed in the formulation
and evaluation of water resources projects to be carried out
by the Secretary.
``(b) Display of Associated Benefits and Costs.--The
quantifiable and unquantifiable costs and benefits associated
with the goals relating to water resources projects described
in subsection (a) shall be displayed in any analysis of the
costs and benefits of those projects.''.

SEC. 3. GIVING RECREATIONAL BENEFITS THE SAME STATUS AS OTHER
BEACH RESTORATION BENEFITS.

Subsection (e)(2)(B) of the first section of the Act of
August 13, 1946 (33 U.S.C. 426e(e)(2)(B)), is amended by
striking clause (ii) and inserting the following:
``(ii) Considerations; procedures.--In making
recommendations relating to shore protection projects under
clause (i), the Secretary shall--

``(I) consider the economic and ecological benefits of the
shore protection projects; and
``(II) develop and implement procedures for the
determination of national economic benefits that treat
benefits provided for recreation, hurricane and storm damage
reduction, and environmental restoration equally.''.

____________________