Sept. 29, 2008: Congressional Record publishes “STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS”

Volume 154, No. 157 covering the 2nd Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

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

“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Environmental Protection Agency was published in the Senate section on pages S10069-S10078 on Sept. 29, 2008.

The publication is reproduced in full below:

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. MURKOWSKI (for herself, Mr. Stevens, Mr. Akaka, and Mr.

Inouye):

S. 3651. A bill to provide for the settlement df certain claims under the Alaska Native Claims Settlement Act, and for other purposes; to the Committee on Energy and Natural Resources.

Ms. MURKOWSKI. Mr. President, the Tlingit and Haida people, the first people of Southeast Alaska, were perhaps the first group of Alaska Natives to organize for the purpose of asserting their aboriginal land claims. The Native land claims movement in the rest of Alaska did not gain momentum until the 1960s when aboriginal land titles were threatened by the impending construction of the Trans Alaska Pipeline. In southeast Alaska, the taking of Native lands for the Tongass National Forest and Glacier Bay National Monument spurred the Tlingit and Haida people to fight to recover their lands in the early part of the 20th Century.

One of the first steps in this battle came with the formation of the Alaska Native Brotherhood in 1912. In 1935, the Jurisdictional Act, which allowed the Tlingit and Haida Indians to pursue their land claims in the U.S. Court of Claims, was enacted by Congress.

After decades of litigation, the Native people of southeast Alaska received a cash settlement in 1968 from the Court of Claims for the land previously taken to create the Tongass National Forest and the Glacier Bay National Monument. Yes there was a cash settlement of $7.5 million but the Native people of southeast Alaska have long believed that it did not adequately compensate them for the loss of their lands and resources.

Beware the law of unintended consequences. When the Native people of southeast Alaska chose to pursue their land claims in court they could not have foreseen that Congress would ultimately settle the land claims of all of Alaska's Native people through the Alaska Native Claims Settlement Act of 1971. Nor could they have foreseen that they would be disadvantaged in obtaining the return of their aboriginal lands because of their early, and ultimately successful, effort to litigate their land claims. Sadly this was the case.

The Alaska Native Claims Settlement Act of 1971 imposed a series of highly prescriptive limitations on the lands that Sealaska Corporation, the regional Alaska Native Corporation formed for southeast Alaska, could select in satisfaction of the Tlingit and Haida land claim. None of the other 11 Alaska based regional Native corporations were subject to these limitations. Today, I join with Mr. Stevens, Mr. Akaka and Mr. Inouye to introduce legislation to right this wrong.

For the most part, Sealaska Corporation has agreed to live within the constraints imposed by the 1971 legislation. It has taken conveyance to 290,000 acres from the pool of lands it was allowed to select under the 1971 act. As Sealaska moves to finalize its land selections it has asked the Congress for flexibility to receive title to certain lands which it was not permitted to select under the prescriptive, and as Sealaska believes, discriminatory, limitations contained in the 1971 legislation.

The legislation we are introducing today would allow Sealaska to select its remaining entitlement from outside of the withdrawal areas permitted in the 1971 legislation. It allows the Native corporation to select up to 3,600 acres of its remaining land entitlement from lands with sacred, cultural, traditional or historical significance. Substantial restrictions will be placed on the use of these lands.

Up to 5,000 acres of land could be selected for non-timber related economic development. These lands are called ``Native Futures'' lands in the bill. Other lands referred to as ``economic development lands'' in the bill could be used for timber related and nontimber related economic development. These lands are on Prince of Wales Island.

Sealaska observes that if it were required to take title to lands within the constraints prescribed by the 1971 legislation it would take title to large swaths of roadless acres in pristine portions of the Tongass National Forest. The lands it proposes to take for economic uses under this legislation are predominantly in roaded and less sensitive areas of the Tongass National Forest.

The pools of lands which would be available to Sealaska under this legislation are depicted on a series of maps referred to in the bill. It must be emphasized that not all of the lands depicted on these maps will end up in Sealaska's ownership. Sealaska cannot receive title to lands in excess of its remaining acreage entitlement under the 1971 legislation and this legislation does not change that entitlement.

Earlier in the 110th Congress, several of our friends in the other body introduced H.R. 3560 to address these issues. Over the past year, Sealaska and the communities of southeast Alaska have worked collaboratively in good faith to identify issues that may arise from the transfer of lands on which those communities have relied for subsistence and recreation out of the Tongass National Forest and into Native corporation ownership. My colleagues in the Alaska congressional delegation and I have devoted a great deal of time in reaching out and encouraging comment from southeast Alaska on H.R. 3560. Sealaska has itself conducted numerous public meetings on the bill in southeast Alaska. I believe that these efforts have helped us to formulate a bill that addresses the concerns we most frequently heard.

The legislation we are introducing today is different from H.R. 3560 in numerous respects. In some cases, the lands open to Sealaska selection have changed from those which were referred to in H.R. 3560 to accommodate community concerns. Our conversations have led to precedent setting commitments by the Sealaska Corporation to maintain public access to the economic development lands it receives on Prince of Wales Island for subsistence uses and recreational access. These commitments are laid out in Section 4(d) of our bill.

Sealaska has also offered a series of commitments to ensure that the benefits of this legislation flow to the broader southeast Alaska economy and not just to the corporation and its Native shareholders. These commitments are memorialized in a letter from Sealaska's chairman, Alaska State Senator Albert Kookesh, and its president and chief executive officer, Chris E. McNeil, Jr.

It comes as no secret to anyone that this legislation is introduced as we enter what may be the final hours of the 110th Congress. There will not be sufficient opportunity in the remaining hours of this Congress to consider the legislation. It will need to be reintroduced in January 2009. We hope that we can move on it in the early part of the 111th Congress.

In the meantime, we encourage and welcome comments from the people and communities of southeast Alaska on the revised legislation and hope that we will be able to productively use the next few months to identify and resolve any issues or concerns that remain before the 111th Congress begins.

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

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

S. 3651

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 ``Southeast Alaska Native Land Entitlement Finalization Act''.

SEC. 2. FINDINGS; PURPOSE.

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

(1)(A) in 1971, Congress enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle the aboriginal claims of Alaska Natives to land historically used by Alaska Natives for traditional, cultural, and spiritual purposes; and

(B) that Act declared that the land settlement ``should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives'';

(2) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)--

(A) authorized the distribution of approximately

$1,000,000,000 and 44,000,000 acres of land to Alaska Natives; and

(B) provided for the establishment of Native Corporations to receive and manage the funds and that land to meet the cultural, social, and economic needs of Native shareholders;

(3) under section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611), each Regional Corporation, other than Sealaska Corporation (the Regional Corporation for southeast Alaska) (referred to in this Act as ``Sealaska''), was authorized to receive a share of land based on the proportion that the number of Alaska Native shareholders residing in the region of the Regional Corporation bore to the total number of Alaska Native shareholders, or the relative size of the area to which the Regional Corporation had an aboriginal land claim bore to the size of the area to which all Regional Corporations had aboriginal land claims;

(4)(A) Sealaska, the Regional Corporation for Southeast Alaska, 1 of the Regional Corporations with the largest number of Alaska Native shareholders, with more than 21 percent of all original Alaska Native shareholders, did not receive land under section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611);

(B) the Tlingit and Haida Indian Tribes of Alaska was 1 of the entities representing the Alaska Natives of southeast Alaska before the date of enactment of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and

(C) Sealaska did not receive land in proportion to the number of Alaska Native shareholders, or in proportion to the size of the area to which Sealaska had an aboriginal land claim, in part because of a United States Court of Claims cash settlement to the Tlingit and Haida Indian Tribes of Alaska in 1968 for land previously taken to create the Tongass National Forest and Glacier Bay National Monument;

(5) the Court of Claims cash settlement of $7,500,000 did not--

(A) adequately compensate the Alaska Natives of southeast Alaska for the significant quantity of land and resources lost as a result of the creation of the Tongass National Forest and Glacier Bay National Monument or other losses of land and resources; or

(B) justify the significant disparate treatment of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1611);

(6)(A) while each other Regional Corporation received a significant quantity of land under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), Sealaska only received land under section 14(h) of that Act

(43 U.S.C. 1613(h)), which provided a 2,000,000-acre land pool from which Alaska Native selections could be made for historic sites, cemetery sites, Urban Corporation land, Native group land, and Native Allotments;

(B) under section 14(h)(8) of that Act (43 U.S.C. 1613(h)(8)), after selections are made under paragraphs (1) through (7) of that section, the land remaining in the 2,000,000-acre land pool is allocated based on the proportion that the original Alaska Native shareholder population of a Regional Corporation bore to the original Alaska Native shareholder population of all Regional Corporations; and

(C) the only land entitlement of Sealaska derives from a proportion of leftover land remaining from the 2,000,000-acre land pool, estimated as of the date of enactment of this Act at approximately 1,700,000 acres;

(7) despite the small land base of Sealaska as compared to other Regional Corporations (less than 1 percent of the total quantity of land allocated pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska has--

(A) provided considerable benefits to shareholders; and

(B) been a significant economic force in southeast Alaska;

(8) pursuant to the revenue sharing provisions of section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)), Sealaska has distributed more than $300,000,000 during the period beginning on January 1, 1971, and ending on December 31, 2005, to Native Corporations throughout the State of Alaska from the development of natural resources, which accounts for 42 percent of the total revenues shared under that section during that period;

(9) as a result of the small land entitlement of Sealaska, it is critical that the remaining land entitlement conveyances to Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) are fulfilled to continue to meet the economic, social, and cultural needs of the Alaska Native shareholders of southeast Alaska and the Alaska Native community throughout Alaska;

(10)(A) the conveyance requirements of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for southeast Alaska limit the land eligible for conveyance to Sealaska to the original withdrawal areas surrounding 10 Alaska Native villages in southeast Alaska, which precludes Sealaska from selecting land located--

(i) in any withdrawal area established for the Urban Corporations for Sitka and Juneau, Alaska; or

(ii) outside the 10 Alaska Native village withdrawal areas; and

(B) unlike other Regional Corporations, Sealaska was not authorized to request land located outside the withdrawal areas described in subparagraph (A) if the withdrawal areas were insufficient to complete the land entitlement of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(11) 44 percent (820,000 acres) of the 10 Alaska Native village withdrawal areas established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) described in paragraph (10) are composed of salt water and not available for selection;

(12) of land subject to the selection rights of Sealaska, 110,000 acres are encumbered by gubernatorial consent requirements under the Alaska Native Claims Settlement Act

(43 U.S.C. 1601 et seq.);

(13) the Forest Service and the Bureau of Land Management grossly underestimated the land entitlement of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), resulting in an insufficient area from which Sealaska could select land suitable for traditional, cultural, and socioeconomic purposes to accomplish a settlement ``in conformity with the real economic and social needs of Natives'', as required under that Act;

(14) the 10 Alaska Native village withdrawal areas in southeast Alaska surround the Alaska Native communities of Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, and Saxman;

(15) in each withdrawal area, there exist factors that limit the ability of Sealaska to select sufficient land, and, in particular, economically viable land, to fulfill the land entitlement of Sealaska, including factors such as--

(A) with respect to the Yakutat withdrawal area--

(i) 46 percent of the area is salt water;

(ii) 10 sections (6,400 acres) around the Situk Lake were restricted from selection, with no consideration provided for the restriction; and

(iii)(I) 70,000 acres are subject to a gubernatorial consent requirement before selection; and

(II) Sealaska received no consideration with respect to the consent restriction;

(B) with respect to the Hoonah withdrawal area, 51 percent of the area is salt water;

(C) with respect to the Angoon withdrawal area--

(i) 120,000 acres of the area is salt water;

(ii) Sealaska received no consideration regarding the prohibition on selecting land from the 80,000 acres located within the Admiralty Island National Monument; and

(iii)(I) the Village Corporation for Angoon was allowed to select land located outside the withdrawal area on Prince of Wales Island, subject to the condition that the Village Corporation shall not select land located on Admiralty Island; but

(II) no alternative land adjacent to the out-of-withdrawal land of the Village Corporation was made available for selection by Sealaska;

(D) with respect to the Kake withdrawal area--

(i) 64 percent of the area is salt water; and

(ii) extensive timber harvesting by the Forest Service occurred in the area before 1971 that significantly reduced the value of land available for selection by, and conveyance to, Sealaska;

(E) with respect to the Kasaan withdrawal area--

(i) 54 percent of the area is salt water; and

(ii) the Forest Service previously harvested in the area;

(F) with respect to the Klawock withdrawal area--

(i) the area consists of only 5 townships, as compared to the usual withdrawal area of 9 townships, because of the proximity of the Klawock withdrawal area to the Village of Craig, which reduces the selection area by 92,160 acres; and

(ii) the Klawock and Craig withdrawal areas are 35 percent salt water;

(G) with respect to the Craig withdrawal area, the withdrawal area consists of only 6 townships, as compared to the usual withdrawal area of 9 townships, because of the proximity of the Craig withdrawal area to the Village of Klawock, which reduces the selection area by 69,120 acres;

(H) with respect to the Hydaburg withdrawal area--

(i) 36 percent of the area is salt water; and

(ii) Sealaska received no consideration under the Haida Land Exchange Act of 1986 (Public Law No. 99-664; 100 Stat. 4303) for relinquishing selection rights to land within the withdrawal area that the Haida Corporation exchanged to the Forest Service;

(I) with respect to the Klukwan withdrawal area--

(i) 27 percent of the area is salt water; and

(ii) the withdrawal area is only 70,000 acres, as compared to the usual withdrawal area of 207,360 acres, which reduces the selection area by 137,360 acres; and

(J) with respect to the Saxman withdrawal area--

(i) 29 percent of the area is salt water;

(ii) Sealaska received no consideration for the 50,576 acres within the withdrawal area adjacent to the first-class city of Ketchikan that were excluded from selection;

(iii) Sealaska received no consideration with respect to the 1977 amendment to the Alaska Native Claims Settlement Act

(43 U.S.C. 1601 et seq.) requiring gubernatorial consent for selection of 58,000 acres in that area; and

(iv) 23,888 acres are located within the Annette Island Indian Reservation for the Metlakatla Indian Tribe and are not available for selection;

(16) the selection limitations and guidelines applicable to Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)--

(A) are inequitable and inconsistent with the purposes of that Act because there is insufficient land remaining in the withdrawal areas to meet the traditional, cultural, and socioeconomic needs of the shareholders of Sealaska; and

(B) make it difficult for Sealaska to select--

(i) places of sacred, cultural, traditional, and historical significance; and

(ii) Alaska Native futures sites located outside the withdrawal areas of Sealaska;

(17)(A) the deadline for applications for selection of cemetery sites and historic places on land outside withdrawal areas established under section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) was July 1, 1976;

(B)(i) as of that date, the Bureau of Land Management notified Sealaska that the total entitlement of Sealaska would be approximately 200,000 acres; and

(ii) Sealaska made entitlement allocation decisions for cultural sites and economic development sites based on that original estimate;

(C) as a result of the Alaska Land Transfer Acceleration Act (Public Law 108-452; 118 Stat. 3575) and subsequent related determinations and actions of the Bureau of Land Management, Sealaska will receive significantly more than 200,000 acres pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(D) Sealaska would prefer to allocate more of the entitlement of Sealaska to the acquisition of places of sacred, cultural, traditional, and historical significance; and

(E)(i) pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1610(a)(1)), Sealaska was not authorized to select under section 14(h)(1) of that Act

(43 U.S.C. 1613(h)(1)) any site within Glacier Bay National Park, despite the abundance of cultural sites within that Park; and

(ii) Sealaska seeks cooperative agreements to ensure that sites within Glacier Bay National Park are subject to cooperative management by Sealaska, Village and Urban Corporations, and federally recognized tribes with ties to the cultural sites and history of the Park;

(18)(A) the cemetery sites and historic places conveyed to Sealaska pursuant to section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) are subject to a restrictive covenant not required by law that does not allow any type of management or use that would in any way alter the historic nature of a site, even for cultural education or research purposes;

(B) historic sites managed by the Forest Service are not subject to the limitations referred to in subparagraph (A); and

(C) those limitations hinder the ability of Sealaska to use the sites for cultural, educational, or research purposes for Alaska Natives and others;

(19) unless Sealaska is allowed to select land outside designated withdrawal areas in southeast Alaska, Sealaska will not be able--

(A) to complete the land entitlement selections of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(B) to secure ownership of places of sacred, cultural, traditional, and historical importance to the Alaska Natives of Southeast Alaska;

(C) to maintain the existing resource development and management operations of Sealaska; or

(D) to provide continued economic opportunities for Alaska Natives in southeast Alaska;

(20) in order to realize cultural preservation goals while also diversifying economic opportunities, Sealaska should be authorized to select and receive conveyance of--

(A) sacred, cultural, traditional, and historic sites and other places of traditional cultural significance, including traditional and customary trade and migration routes, to facilitate the perpetuation and preservation of Alaska Native culture and history; and

(B) Alaska Native future sites to facilitate appropriate tourism and outdoor recreation enterprises;

(21) Sealaska has played, and is expected to continue to play, a significant role in the health of the Southeast Alaska economy;

(22)(A) the rate of unemployment in Southeast Alaska exceeds the statewide rate of unemployment on a non-seasonally adjusted basis; and

(B) in January 2008, the Alaska Department of Labor and Workforce Development reported the unemployment rate for the Prince of Wales-Outer Ketchikan census area at 20 percent;

(23) many Southeast Alaska communities--

(A) are dependent on high-cost diesel fuel for the generation of energy; and

(B) desire to diversify their energy supplies with wood biomass alternative fuel and other renewable and alternative fuel sources;

(24) if the resource development operations of Sealaska cease on land appropriate for those operations, there will be a significant negative impact on--

(A) southeast Alaska Native shareholders;

(B) the cultural preservation activities of Sealaska;

(C) the economy of southeast Alaska; and

(D) the Alaska Native community that benefits from the revenue-sharing requirements under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and

(25) on completion of the conveyances of land to Sealaska to fulfill the full land entitlement of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the encumbrances on 327,000 acres of Federal land created by the withdrawal of land for selection by Native Corporations in southeast Alaska would be removed, which will facilitate thorough and complete planning and efficient management relating to national forest land in southeast Alaska by the Forest Service.

(b) Purpose.--The purpose of this Act is to address the inequitable treatment of Sealaska by allowing Sealaska to select the remaining land entitlement of Sealaska under section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) from designated Federal land in southeast Alaska located outside the 10 southeast Alaska Native village withdrawal areas.

SEC. 3. SELECTIONS IN SOUTHEAST ALASKA.

(a) Selection by Sealaska.--

(1) In general.--Notwithstanding section 14(h)(8)(B) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)(B)), Sealaska is authorized to select and receive conveyance of the remaining land entitlement of Sealaska under that Act (43 U.S.C. 1601 et seq.) from Federal land located in southeast Alaska from each category described in subsection (b).

(2) National park service.--The National Park Service is authorized to enter into a cooperative management agreement described in subsection (c)(2) for the purpose, in part, of recognizing and perpetuating the values of the National Park Service, including those values associated with the Tlingit homeland and culture, wilderness, and ecological preservation.

(b) Categories.--The categories referred to in subsection

(a) are the following:

(1) Economic development land from the area of land identified on the map entitled ``Sealaska ANCSA Land Entitlement Rationalization Pool'', dated March 6, 2008, and labeled ``Attachment A''.

(2) Sites with sacred, cultural, traditional, or historic significance, including traditional and customary trade and migration routes, archeological sites, cultural landscapes, and natural features having cultural significance, subject to the condition that--

(A) not more than 2,400 acres shall be selected for this purpose, from land identified on--

(i) the map entitled ``Places of Sacred, Cultural, Traditional and Historic Significance'', dated March 6, 2008, and labeled ``Attachment B''; and

(ii) the map entitled ``Traditional and Customary Trade and Migration Routes'', dated March 6, 2008, and labeled

``Attachment C'', which includes an identification of--

(I) a conveyance of land 25 feet in width, together with 1-acre sites at each terminus and at 8 locations along the route, with the route, location, and boundaries of the conveyance described on the map inset entitled ``Yakutat to Dry Bay Trade and Migration Route'', dated March 6, 2008, and labeled ``Attachment C'';

(II) a conveyance of land 25 feet in width, together with 1-acre sites at each terminus, with the route, location, and boundaries of the conveyance described on the map inset entitled ``Bay of Pillars to Port Camden Trade and Migration Route'', dated March 6, 2008, and labeled ``Attachment C''; and

(III) a conveyance of land 25 feet in width, together with 1-acre sites at each terminus, with the route, location, and boundaries of the conveyance described on the map inset entitled ``Portage Bay to Duncan Canal Trade and Migration Route,'' dated March 6, 2008, and labeled ``Attachment C''; and

(B) an additional 1,200 acres may be used by Sealaska to acquire places of sacred, cultural, traditional, and historic significance, archeological sites, traditional, and customary trade and migration routes, and other sites with scientific value that advance the understanding and protection of Alaska Native culture and heritage that--

(i) as of the date of enactment of this Act, are not fully identified or adequately documented for cultural significance; and

(ii) are located outside of a unit of the National Park Service.

(3) Alaska Native futures sites with traditional and recreational use value, as identified on the map entitled

``Native Futures Sites'', dated March 6, 2008, and labeled

``Attachment D'', subject to the condition that not more than 5,000 acres shall be selected for those purposes.

(c) Sites in conservation System Units.--

(1) in general.--No site with sacred, cultural, traditional, or historic significance that is identified in the document labeled ``Attachment B'' and located within a unit of the National Park System shall be conveyed to Sealaska pursuant to this Act.

(2) Cooperative agreements.--

(A) In general.--The Director of the National Park Service shall offer to enter into a cooperative management agreement with Sealaska, other Village Corporations and Urban Corporations, and federally recognized Indian tribes with cultural and historical ties to Glacier Bay National Park, in accordance with the requirements of subparagraph (B).

(B) Requirements.--A cooperative agreement under this paragraph shall--

(i) recognize the contributions of the Alaska Natives of Southeast Alaska to the history, culture, and ecology of Glacier Bay National Park and the surrounding area;

(ii) ensure that the resources within the Park are protected and enhanced by cooperative activities and partnerships among federally recognized Indian tribes, Village Corporations and Urban Corporations, Sealaska, and the National Park Service;

(iii) provide opportunities for a richer visitor experience at the Park through direct interactions between visitors and Alaska Natives, including guided tours, interpretation, and the establishment of culturally relevant visitor sites; and

(iv) provide appropriate opportunities for ecologically sustainable visitor-related education and cultural interpretation within the Park--

(I) in a manner that is not in derogation of the purposes and values of the Park (including those values associated with the Park as a Tlingit homeland); and

(II) for wilderness and ecological preservation.

(C) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the National Park Service shall submit to Congress a report describing each activity for cooperative management of each site described in subparagraph (A) carried out under a cooperative agreement under this paragraph.

SEC. 4. CONVEYANCES TO SEALASKA.

(a) Timeline for Conveyance.--

(1) In general.--Not later than 1 year after the date of selection of land by Sealaska under paragraphs (1) and (3) of section 3(b), the Secretary of the Interior (referred to in this Act as the ``Secretary'') shall complete the conveyance of the land to Sealaska.

(2) Significant sites.--Not later than 2 years after the date of selection of land by Sealaska under section 3(b)(2), the Secretary shall complete the conveyance of the land to Sealaska.

(b) Expiration of Withdrawals.--On completion of the selection by Sealaska and the conveyances to Sealaska of land under subsection (a) in a manner that is sufficient to fulfill the land entitlement of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)--

(1) the original withdrawal areas set aside for selection by Native Corporations in Southeast Alaska under that Act (as in effect on the day before the date of enactment of this Act) shall be rescinded; and

(2) land located within a withdrawal area that is not conveyed to a southeast Alaska Regional Corporation or Village Corporation shall be returned to the unencumbered management of the Forest Service as a part of the Tongass National Forest.

(c) Limitation.--Sealaska shall not select or receive under this Act any conveyance of land pursuant to paragraph (1) or

(3) of section 3(b) located within--

(1) any conservation system unit;

(2) any federally designated wilderness area; or

(3) any land use designation I or II area.

(d) Applicable Easements and Public Access.--

(1) In general.--The conveyance to Sealaska of land pursuant to section 3(b)(1) that is located outside a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to--

(A) a reservation for easements for public access on the public roads depicted on the document labeled ``Attachment E'' and dated March 6, 2008;

(B) a reservation for easements along the temporary roads designated by the Forest Service as of the date of enactment of this Act for the public access trails depicted on the document labeled ``Attachment E'' and dated March 6, 2008;

(C) any valid preexisting right reserved pursuant to section 14(g) or 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g), 1616(b)); and

(D)(i) the right of noncommercial public access for subsistence uses, consistent with title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), and recreational access without liability to Sealaska; and

(ii) the right of Sealaska to regulate access for public safety, cultural, or scientific purposes, environmental protection, and uses incompatible with natural resource development, subject to the condition that Sealaska shall post on any applicable property, in accordance with State law, notices of any such condition.

(2) Effect.--No right of access provided to any individual or entity (other than Sealaska) by this subsection--

(A) creates any interest of such an individual or entity in the land conveyed to Sealaska in excess of that right of access; or

(B) provides standing in any review of, or challenge to, any determination by Sealaska regarding the management or development of the applicable land.

(e) Conditions on Sacred, Cultural, and Historic Sites.--The conveyance to Sealaska of land selected pursuant to section 3(b)(2)--

(1) shall be subject to a covenant prohibiting any commercial timber harvest or mineral development on the land;

(2) shall not be subject to any additional restrictive covenant based on cultural or historic values, or any other restriction, encumbrance, or easement, except as provided in sections 14(g) and 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g), 1616(b)); and

(3) shall allow use of the land as described in subsection

(f).

(f) Uses of Sacred, Cultural, Traditional, and Historic Sites.--Any sacred, cultural, traditional, or historic site or trade or migration route conveyed pursuant to this Act may be used for--

(1) preservation of cultural knowledge and traditions associated with such a site;

(2) historical, cultural, and scientific research and education;

(3) public interpretation and education regarding the cultural significance of those sites to Alaska Natives;

(4) protection and management of the site to preserve the natural and cultural features of the site, including cultural traditions, values, songs, stories, names, crests, and clan usage, for the benefit of future generations; and

(5) site improvement activities for any purpose described in paragraphs (1) through (4), subject to the condition that the activities are consistent with the sacred, cultural, traditional, or historic nature of the site.

(g) Termination of Restrictive Covenants.--

(1) In general.--Each restrictive covenant regarding cultural or historical values with respect to any interim conveyance or patent for a historic or cemetery site issued to Sealaska pursuant to the regulations contained in sections 2653.3 and 2653.11 of title 43, Code of Federal Regulations

(as in effect on the date of enactment of this Act), in accordance with section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h))), terminates on the date of enactment of this Act.

(2) Remaining conditions.--Land subject to a covenant described in paragraph (1) on the day before the date of enactment of this Act shall be subject to the conditions described in subsection (e).

(3) Records.--Sealaska shall be responsible for recording with the land title recorders office of the State of Alaska any modification to an existing conveyance of land under section 14(h)(1) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1613(h)(1)) as a result of this Act.

(h) Conditions on Alaska Native Futures Land.--Each conveyance of land to Sealaska selected under section 3(b)(3) shall be subject only to--

(1) a covenant prohibiting any commercial timber harvest or mineral development; and

(2) the restrictive covenants, encumbrances, or easements under sections 14(g) and 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g), 1616(b)).

SEC. 5. MISCELLANEOUS.

(a) Status of Conveyed Land.--Each conveyance of Federal land to Sealaska pursuant to this Act, and each action carried out to achieve the purpose of this Act, shall be considered to be conveyed or acted on, as applicable, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(b) Environmental Mitigation and Incentives.--Notwithstanding subsection (e) and (h) of section 4, all land conveyed to Sealaska pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and this Act shall be considered to be qualified to receive or participate in, as applicable--

(1) any federally authorized carbon sequestration program, ecological services program, or environmental mitigation credit; and

(2) any other federally authorized environmental incentive credit or program.

(c) No Material Effect on Forest Plan.--

(1) In general.--The implementation of this Act, including the conveyance of land to Sealaska, alone or in combination with any other factor, shall not require an amendment of, or revision to, the Tongass National Forest Land and Resources Management Plan before the first revision of that Plan scheduled to occur after the date of enactment of this Act.

(2) Boundary adjustments.--The Secretary of Agriculture shall implement any land ownership boundary adjustment to the Tongass National Forest Land and Resources Management Plan resulting from the implementation of this Act through a technical amendment to that Plan.

(d) No Effect on Existing Instruments, Projects, or Activities.--

(1) In general.--Nothing in this Act or the implementation of this Act revokes, suspends, or modifies any permit, contract, or other legal instrument for the occupancy or use of Tongass National Forest land, or any determination relating to a project or activity that authorizes that occupancy or use, that is in effect on the day before the date of enactment of this Act.

(2) Treatment.--The conveyance of land to Sealaska pursuant to this Act shall be subject to the instruments and determinations described in paragraph (1) to the extent that those instruments and determinations authorize occupancy or use of the land so conveyed.

(e) Prohibition on Reductions in Staff and Closing and Consolidating Districts.--During the 10-year period beginning on the date of enactment of this Act, the Secretary shall not, as a consequence of this Act--

(1) reduce the staffing level at any ranger district of the Tongass National Forest, as compared to the applicable staffing level in effect on September 26, 2008; or

(2) close or consolidate such a ranger district.

(f) Technical Correction.--Section 2(a)(2) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(a)(2)) is amended--

(1) in subparagraph (A), by inserting ``, or is conveyed to an Alaska Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)'' before the semicolon; and

(2) in subparagraph (B)(i)--

(A) in subclause (I), by striking ``or'' at the end; and

(B) by adding at the end the following:

``(III) is owned by an Alaska Native Corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and is forest land or formerly had a forest cover or vegetative cover that is capable of restoration; or''.

SEC. 6. MAPS.

(a) Availability.--Each map referred to in this Act shall be maintained on file in--

(1) the office of the Chief of the Forest Service; and

(2) the office of the Secretary.

(b) Corrections.--The Secretary or the Chief of the Forest Service may make any necessary correction to a clerical or typographical error in a map referred to in this Act.

(c) Treatment.--No map referred to in this Act shall be considered to be an attempt by the Federal Government to convey any State or private land.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.

____

Sealaska Corporation,

Juneau, AK, September 25, 2008.Hon. Lisa Murkowski,U.S. Senate,Washington, DC.

Dear Senator Murkowski: On behalf of Sealaska Corporation

(Sealaska), I would like to express our appreciation to you for your assistance on legislation to complete Sealaska's Alaska Native Claims Settlement Act (ANCSA) land entitlement. This legislation would complete Sealaska's land entitlement by allowing Sealaska to select, and receive conveyance of, lands located outside of the original Southeast Alaska ANCSA land withdrawals. Under this proposal. Sealaska would receive land for timber development, the creation of a more diversified (non-timber) economic portfolio, and the protection and perpetuation of Southeast Alaska's Native culture. The land entitlement proposal affects many interests in Southeast Alaska, and has required a significant amount of communication. collaboration, and negotiation to finalize the legislative language. We believe that we now have a compromise bill that will benefit all of Southeast Alaska.

As you pursue introduction and legislative action on Sealaska land entitlement legislation, we would like to reiterate to you Sealaska's ongoing commitment to the economic. cultural, social, and environmental health of Southeast Alaska. In particular, you have expressed significant concern regarding the economic and energy needs of the region, and Sealaska's role in meeting those needs. We can assure you that Sealaska has those same concerns. This letter is our commitment to you that Sealaska will continue to maintain its commitment to: the creation of economic and employment opportunities for Sealaska shareholders and residents of Southeast Alaska; collaboration with other participants in the Southeast Alaska timber industry on efforts to preserve the economic viability of locally owned sawmills in Southeast Alaska; continued sale of timber at fair market value to local mills and local producers of wood products; addressing high rural energy costs, including through the development of wood biomass alternative fuels; and coordination and collaboration with Indian tribes, Village Corporations, Urban Corporations, local small businesses. and Federal, State, and local agencies regarding economic and energy matters, among other things. We hope that this commitment will provide you with some assurance that the economic health of Southeast Alaska is a shared aspiration of both you and Sealaska.

If we can be of assistance to you, as you pursue legislative action on the Sealaska land entitlement legislation, please do not hesitate to contact me. Again, thank you for your guidance and leadership on this important piece of legislation.

Sincerely,Albert M. Kookesh,

Chairman of the Board.Chris E. McNeil, Jr.

President and CEO.

______

By Mr. REED:

S. 3654. A bill to improve research on health hazards in housing, to enhance the capacity of programs to reduce such hazards, to require outreach, and for other purposes; to the Committee on Banking, Housing, and Urban Affairs.

Mr. REED. Mr. President, I introduce today the Research, Hazard Intervention, and National Outreach for Healthier Homes Act. I am introducing this legislation because decent and safe housing is possibly one of the most critical determinants of our overall health and well-being. Indeed, where we live greatly affects how we live.

A June 2006 report from the World Health Organization entitled

``Preventing Disease Through Healthy Environments,'' found that environmental exposures contribute to almost one-quarter of the disease burden worldwide, resulting in millions of preventable deaths each year. Through scientific research, we know that an individual's environment can lead to cardiovascular disease, asthma, and lead poisoning, as well as many other diseases and conditions.

The connection between housing and health is not a new idea. Many of our nation's earliest housing standards resulted from the concentrated slum housing around factories and in big cities during the Industrial Revolution. And, after World War II, a national housing policy was declared in the National Housing Act of 1949, stating that there should be: ``a decent home and a suitable living environment for every American family.'' These early housing standards regarding ventilation, sanitation, occupancy, structural soundness, lighting, and other habitability criteria greatly advanced our nation's public health.

I would also be remiss if I did not mention the passage of the Lead-

Based Paint Poisoning Prevention Act in 1991, which has helped dramatically decrease lead poisoning in children over the past 15 years. This law required the Secretary of the Department of Housing and Urban Development to establish and implement procedures to eliminate lead hazards from public housing.

In 1992, controls on lead-based paint and lead exposure were further enhanced by Title X of the Housing and Community Development Act. Title X defined ``hazard'' in such a way that it included deteriorating lead paint, and lead-contaminated dust and soil that the lead paint generates. It also mandated the creation of an infrastructure that would help reduce lead paint hazards in our nation's housing.

Federal efforts regarding lead poisoning are a wonderful example of a federal investment in housing that has produced significant benefits to our society while minimizing cost.

Unfortunately, the conditions of today's worst-case housing looks only modestly better than it did a century ago. Now, we must determine the role that the government can and should play in stimulating the creation of truly decent and safe housing nationwide in the 21st Century.

We can learn from some of our state and local governments about how to proceed. In my own state of Rhode Island, the State Department of Health and the City of Providence code enforcement division offers quarterly training on the identification of housing hazards. Trainees walk through homes with a standard assessment survey and evaluate them for different environmental hazards, what has been fixed and what needs to be repaired or improved.

The Rhode Island Department of Health Family Outreach Program works in conjunction with the state's universal screening program to target Rhode Island children, from birth to age three, who are at-risk for poor developmental outcomes. Families with children identified as ``at-

risk'' are contacted by a provider in their area and are offered a home visit by a multidisciplinary team of nurses, social workers, and paraprofessionals. Home visitors also serve as the neighborhood follow-

up for services.

We need to take advantage of some of the best ideas that are currently underway to make our homes and communities healthier. It is for this reason that I am introducing, the Research, Hazard Intervention and National Outreach for Healthier Homes Act, which seeks to encourage and develop healthy housing initiatives in the public and private spheres.

The major purpose of this bill is to enhance and coordinate federal healthy housing initiatives. Such coordination should reduce duplication in federal efforts and ensure sufficient data collection regarding both the housing conditions and the health problems in our country's housing stock.

Specifically, the bill would provide statutory authority for HUD's Healthy Homes program, expand the Centers for Disease Control and Prevention's current lead program to also address healthy housing issues, where appropriate, and establish the Environmental Protection Agency's Office of Children's Health Protection as the center for the EPA's healthy housing efforts.

It would also create a new Health Hazard Reduction competitive grant program at the EPA and HUD. Applicants must already be recipients of a federal grant through an existing federal program such as the Community Development Block Grant, CDBG, the HOME Investment Partnerships Program, weatherization assistance, low-income home energy assistance, or the rural housing assistance programs. After the first three years, the EPA and HUD would evaluate the grant program's effectiveness by taking into account the aggregate health, safety, energy savings, and durability benefits resulting from the program. The CDC and the United States Department of Agriculture's (USDA) current coordinated training activities on housing-related hazards would also be expanded and evaluated.

In addition, the bill would expand national outreach about housing hazards through a combination of market-based incentives, the expansion of existing initiatives, and educational media campaigns. For example, the EPA would evaluate and promote health protective products, materials, and criteria for new and existing housing and create a voluntary labeling program that would provide these items with a ``Healthy Home Seal of Approval''. The CDC, the EPA, and HUD would pool their resources to establish a national media campaign to raise public awareness about hazards in housing.

While our nation and nations around the world grapple with important social, economic, and international policy questions, we must keep in mind the important role healthy housing plays in all of these issues.

Scientific research has begun to unlock some of the connections between housing, community development, and health outcomes. The Research, Hazard Intervention, and National, Outreach for Healthier Homes Act will help us start working to a time when every family has an affordable, decent, and healthy home. I hope my colleagues will join me in supporting this bill and other healthy housing efforts.

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

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

S. 3654

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Research, Hazard Intervention, and National Outreach for Healthier Homes Act of 2008''.

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

SEC. 2. FINDINGS.

Congress finds the following:

(1) Americans spend approximately 90 percent of their time indoors, where 6,000,000 households live with moderate or severe housing conditions, including heating, plumbing, and electrical problems, and 24,000,000 households face significant lead-based paint hazards.

(2) Housing-related health hazards can often be traced back to shared causes, including moisture, ventilation, comfort, pest, contaminant, and structural issues, but further research is necessary in order to definitively understand key relationships between the shared causes, housing-related health hazards, and resident health.

(3) Since many hazards have interrelated causes and share common solutions, the traditional approach of identifying and remedying housing-related health hazards one-by-one is likely not cost effective or sufficiently health-protective.

(4) Evidence-based, cost-effective, practical, and widely accessible methods for the assessment and control of housing-related health hazards are necessary in order to prevent housing-related injuries and illnesses, including cancer, carbon monoxide poisoning, burns, falls, rodent bites, childhood lead poisoning, and asthma.

(5) Sustainable building features, including energy efficiency measures, are increasingly popular, and are generally presumed to have beneficial effects on occupant health. However, the health effects of such features need to be evaluated in a comprehensive and timely manner, lest the housing in this country unintentionally revert to the conditions of excessive building tightness and lack of sufficient ventilation characteristic of the 1970s.

(6) Data collection on housing conditions that could affect occupant health, and on health outcomes that could be related to housing conditions, is scattered and insufficient to meet current and future research needs for affordable, healthy housing. A coordinated, multidata source system is necessary to reduce duplication of Federal efforts, and to ensure sufficient data collection of both the housing conditions and the health problems that persist in the existing housing stock of the Nation.

(7) Responsibilities related to health hazards in housing are not clearly delineated among Federal agencies. Categorical housing, health, energy assistance, and environmental programs are narrowly defined and often ignore opportunities to address multiple hazards simultaneously. Enabling Federal programs to embrace a comprehensive healthy housing approach will require removing unnecessary Federal statutory and regulatory barriers, and creating incentives to advance the complementary goals of environmental health, energy conservation, and housing availability in relevant programs.

(8) Personnel who visit homes to provide services or perform other work (such as inspectors, emergency medical technicians, home visitors, housing rehabilitation, construction and maintenance workers, and others) can contribute to occupant health by presenting and applying healthy housing practices. Cost-effective training and outreach is needed to equip such personnel with current knowledge about delivering and maintaining healthy housing.

(9) Housing-related health hazards are often complex, with causes and solutions often not readily or immediately recognized by residents, property owners, or the general public. In the 2005 American Housing Survey, significant numbers of residents expressed the highest level of satisfaction with their homes, including 20 percent of residents in homes with severe physical problems and 18 percent of residents in homes with moderate physical problems. National awareness and local outreach programs are needed to encourage the public to seek and expect healthy housing, to think about housing hazards more comprehensively, to recognize problems, and to address them in a preventative, effective, and low-cost manner.

SEC. 3. DEFINITIONS.

In this Act, the following definitions shall apply:

(1) Housing.--The term ``housing'' means any form of residence, including rental housing, homeownership, group home, or supportive housing arrangement.

(2) Healthy housing.--The term ``healthy housing'' means housing that is designed, constructed, rehabilitated, and maintained in a manner that supports the health of the occupants of such housing.

(3) Housing-related health hazard.--The term ``housing-related health hazard'' means any biological, physical, or chemical source of exposure or condition either in, or immediately adjacent to, housing, that can adversely affect human health.

TITLE I--RESEARCH ON HEALTH HAZARDS IN HOUSING

SEC. 101. HEALTH EFFECTS OF HOUSING-RELATED HEALTH HAZARDS.

(a) In General.--The Director of the National Institute of Environmental Health Sciences and the Administrator of the Environmental Protection Agency shall evaluate the health effects of housing-related health hazards for which limited research or understanding of causes or associations exists.

(b) Criteria.--In carrying out the evaluation under subsection (a), the Director of the National Institute of Environmental Health Sciences and the Administrator of the Environmental Protection Agency shall--

(1) determine the housing-related health hazards for which there exists limited understanding of health effects;

(2) prioritize the housing-related health hazards to be evaluated;

(3) coordinate research plans in order to avoid unnecessary duplication of efforts; and

(4) evaluate the health risks, routes and pathways of exposure, and human health effects that result from indoor exposure to biological, physical, and chemical housing-related health hazards, including carbon monoxide, volatile organic compounds, common residential and garden pesticides, and factors that sensitize individuals to asthma.

(c) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2009 through 2011, $3,500,000 for carrying out the activities under this section.

SEC. 102. EVIDENCE-BASED, COST-EFFECTIVE METHODS FOR

ASSESSMENT, PREVENTION, AND CONTROL OF HOUSING-

RELATED HEALTH HAZARDS.

(a) In General.--The Secretary of Housing and Urban Development shall, in consultation with the Director of the Centers for Disease Control and Prevention, to implement studies by the Office of Healthy Homes and Lead Hazard Control of the assessment, prevention, and control of housing-related health hazards.

(b) Study.--The Secretary of Housing and Urban Development, in consultation with other Federal agencies, shall initiate--

(1) for fiscal years 2009 through 2013, at least 1 study per year of the methods for assessment, prevention, or control of housing-related health hazards that provide for--

(A) instrumentation, monitoring, and data collection related to such assessment or control methods;

(B) study of the ability of the assessment and monitoring methods to predict health risks and the effect of control methods on health outcomes; and

(C) the evaluation of the cost-effectiveness of such assessment or control methods; and

(2) no fewer than 4 studies, which may run concurrently.

(c) Criteria for Study.--Each study conducted pursuant to subsection (b) shall, if the Secretary of Housing and Urban Development deems it scientifically appropriate, evaluate the assessment or control method in each of the different climactic regions of the United States, including--

(1) a hot, dry climate;

(2) a hot, humid climate;

(3) a cold climate; and

(4) a temperate climate (including a climate with cold winters and humid summers).

(d) Authority of the Secretary.--The Secretary of Housing and Urban Development may award contracts or interagency agreements to carry out the studies required under this section.

(e) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2009 through 2013, $6,000,000 for carrying out the activities under this section.

SEC. 103. STUDY ON SUSTAINABLE BUILDING FEATURES AND INDOOR

ENVIRONMENTAL QUALITY IN EXISTING HOUSING.

(a) In General.--The Administrator of the Environmental Protection Agency shall, in consultation with other Federal agencies, conduct a detailed study of how sustainable building features, such as energy efficiency, in existing housing affect the quality of the indoor environment, the prevalence of housing-related health hazards, and the health of occupants.

(b) Contents.--The study required under subsection (a) shall--

(1) investigate the effect of sustainable building features on the quality of the indoor environment and the prevalence of housing-related health hazards;

(2) investigate how sustainable building features, such as energy efficiency, are influencing the health of occupants of such housing; and

(3) ensure that the effects of the indoor environmental quality are evaluated comprehensively.

(c) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2009 through 2013, $500,000 for carrying out the activities under this section.

SEC. 104. DATA COLLECTION ON HOUSING-RELATED HEALTH HAZARDS.

(a) Completion of Analysis.--The Secretary of Housing and Urban Development shall complete the analysis of data collected for the National Survey on Lead and Allergens in Housing and the American Healthy Housing Survey.

(b) Expansion of Monitoring.--The Administrator of the Environmental Protection Agency shall expand the current indoor environmental monitoring efforts of the Administrator in an effort to establish baseline levels of indoor chemical pollutants and their sources, including routes and pathways, in homes.

(c) Data Evaluation and Collection System.--

(1) Data evaluation.--The Director of the Centers for Disease Control and Prevention shall, in consultation with the Secretary of Housing and Urban Development and the Administrator of the Environmental Protection Agency, determine the data and resources needed to establish and maintain a healthy housing data collection system.

(2) Data collection system.--

(A) In general.--The Director of the Centers for Disease Control and Prevention, based upon the needs determined under paragraph (1), shall carry out the development and operation of a healthy housing data collection system that--

(i) draws upon existing data collection systems, including those systems at other Federal agencies, to the maximum extent practicable;

(ii) conforms with the 2001 Updated Guidelines for Evaluating Public Health Surveillance Systems;

(iii) improves upon the ability of researchers to assess links between housing and health characteristics; and

(iv) incorporates the input of potential data users, to the maximum extent practicable.

(B) Criteria.--The data collection system required to be developed under subparagraph (A) shall--

(i) pilot subject areas to evaluate for overall data quality and utility, level of data collection, feasibility of additional data collection, and privacy considerations;

(ii) develop common assessment tools and integrated database applications and, where possible, standardize analysis techniques;

(iii) develop mechanisms to facilitate ongoing multidisciplinary interagency involvement;

(iv) create a clearinghouse to monitor potential data sources; and

(v) develop public use datasets.

(d) Authorization of Appropriations.--There are authorized to be appropriated--

(1) for each of fiscal years 2009 through 2011, $600,000 for carrying out the activities under subsection (a); and

(2) for each of fiscal years 2009 through 2013--

(A) $2,000,000 for carrying out the activities under subsection (b); and

(B) $8,000,000 for carrying out the activities under subsection (c).

TITLE II--CAPACITY TO REDUCE HEALTH HAZARDS IN HOUSING

SEC. 201. HOUSING AND URBAN DEVELOPMENT PROGRAM CAPACITY ON

HOUSING-RELATED HEALTH HAZARDS.

(a) In General.--The Secretary of Housing and Urban Development shall, in cooperation with other Federal agencies--

(1) develop improved methods for evaluating health hazards in housing;

(2) develop improved methods for preventing and reducing health hazards in housing;

(3) support the development of objective measures for what is considered a ``healthy'' residential environment;

(4) evaluate the long-term cost effectiveness of a healthy housing approach;

(5) promote the incorporation of healthy housing principles into ongoing practices and systems, including housing codes, rehabilitation specifications, and maintenance plans;

(6) promote the incorporation of health considerations into green and energy-efficient construction and rehabilitation;

(7) promote the use of healthy housing principles in post-disaster environments, such as the dissemination of information on safe rehabilitation and recovery practices;

(8) improve the dissemination of healthy housing information, including best practices, to partners, grantees, the private sector, and the public; and

(9) promote State and local level healthy housing efforts, such as the collaboration of State and local health, housing, and environment agencies, and the private sector.

(b) Authority of the Secretary.--The Secretary of Housing and Urban Development may award grants, contracts, or interagency agreements to carry out the activities required under this section.

(c) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2009 through 2013, $14,800,000 for carrying out the activities under this section.

SEC. 202. CENTERS FOR DISEASE CONTROL AND PREVENTION PROGRAM

CAPACITY ON HOUSING-RELATED HEALTH HAZARDS.

Section 317A of the Public Health Service Act (42 U.S.C. 247b-1) is amended--

(1) in subsection (a)(1)--

(A) in subparagraph (A)--

(i) in clause (i), by inserting ``and other housing-related illnesses and injuries'' after ``screening for elevated blood lead levels'';

(ii) in clause (ii), by striking ``referral for treatment of such levels'' and inserting ``referral for treatment of elevated blood lead levels and other housing-related illnesses and injuries''; and

(iii) in clause (iii), by striking ``intervention associated with such levels'' and inserting ``intervention associated with elevated blood lead levels and other housing- related illnesses and injuries''; and

(B) in subparagraph (B) by inserting before the period at the end ``and other housing-related illnesses and injuries'';

(2) in subsection (l), by adding at the end the following:

``(3) Additional appropriations.--In addition to any other authorization of appropriation available under this Act to the Centers for Disease Control and Prevention for the purpose of carrying out the lead poisoning prevention grant program, there is authorized to be appropriated for each of fiscal years 2009 through 2013 to the Centers for Disease Control and Prevention $10,000,000 to incorporate healthy housing principles into the work of program staff and grantees.''; and

(3) by adding at the end the following:

``(n) Healthy Housing Approach.--An eligible entity under this section is encouraged to--

``(1) in general, work toward a transition from a categorical lead-based paint approach to a comprehensive healthy housing approach that focuses on primary prevention of housing-related health hazards (as that term is defined under section 3 of the Research, Hazard Intervention, and National Outreach for Healthier Homes Act of 2008);

``(2) train staff in healthy housing principles;

``(3) promote the incorporation of healthy housing principles into ongoing State and local programs and systems; and

``(4) incorporate healthy housing principles into education programs for parents, educators, community-based organizations, local health officials, health professionals, and paraprofessionals.''.

SEC. 203. ENVIRONMENTAL PROTECTION AGENCY PROGRAM CAPACITY ON

HOUSING-RELATED HEALTH HAZARDS.

(a) In General.--The Administrator of the Environmental Protection Agency, acting through the director of the Office of Children's Health Protection and Environmental Education, shall address health hazards in the home environment, with particular attention to children, the elderly, and families with limited resources.

(b) Required Actions of Office of Children's Health Protection and Environmental Education.--The director of the Office of Children's Health Protection and Environmental Education, in consultation with other relevant offices within the Environmental Protection Agency, shall--

(1) monitor standards set by the Environmental Protection Agency to ensure that the standards are protective of elevated risks faced by children or the elderly;

(2) develop policies to address aggregate, cumulative, and simultaneous exposures experienced by children and the elderly, with particular attention to hazards in the home environment;

(3) coordinate healthy housing efforts across the Environmental Protection Agency;

(4) promote the incorporation of healthy housing principles into ongoing practices and systems, including the work of State and local environment departments;

(5) encourage and expand healthy housing educational efforts to partners, grantees, the private sector, environmental professionals, and the public; and

(6) designate not less than 1 representative per region, to coordinate children's environmental health activities, including healthy housing efforts, with State and local environmental departments.

(c) Authority of the Administrator.--The Administrator of the Environmental Protection Agency may award grants, contracts, or interagency agreements to carry out the activities required under this section.

(d) Rule of Construction.--Nothing in this section shall be construed to alter, invalidate, repeal, or otherwise supercede the duties assigned to any office within the Environmental Protection Agency under any other provision of law.

(e) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2009 through 2013, $8,000,000 for carrying out the activities under this section.

SEC. 204. HEALTH HAZARD REDUCTION GRANTS.

(a) In General.--The Secretary of Housing and Urban Development shall award health hazard reduction grants to enable eligible applicants from other eligible Federal programs to reduce significant structural, health, and safety hazards in the home.

(b) Eligible Programs.--Programs eligible to participate in the grant program established under this section shall be Federal assistance programs that pertain to housing, as determined by the Secretary, including--

(1) the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974

(42 U.S.C. 5301 et seq.);

(2) the HOME Investment Partnerships program under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.);

(3) the lead hazard control grants under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.);

(4) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.);

(5) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.);

(6) rural housing assistance grants under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); and

(7) any other temporary or other Federal housing assistance programs that benefit low-income households.

(c) Eligible Applicants.--Eligible applicants for grants under this section shall be nonprofit or governmental entities that have applied for or receive primary funding from an eligible program, and may include State and local agencies, community action program agencies, subrecipients of funds under the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.), community development corporations, community housing development organizations, and other nonprofit organizations as determined by the Secretary.

(d) Award of Grants.--

(1) In general.--Each eligible program shall submit a list of the recipients of the grant funds awarded by the eligible program to the Secretary of Housing and Urban Development, prior to publicly announcing such list.

(2) Competitive basis.--The Secretary shall award grants under this section on a competitive basis.

(3) Funding cycles.--In the event that the Secretary of Housing and Urban Development announces the availability of grants under this section prior to an eligible program's public announcements of the list of recipients of grant funds described under paragraph (1), a grantee from that eligible program may apply for grants under this section during the next funding cycle.

(e) Eligible Activities.--

(1) In general.--Grants awarded under this section may be used to fund corrective and preventive measures to address housing-related health hazards and safety hazards, and energy burden problems, including--

(A) roof repair and replacement;

(B) structural repairs and exterior grading;

(C) window repair and replacement;

(D) correction of combustion gas appliance back-drafting and other serious ventilation problems;

(E) provision of adequate ventilation;

(F) integrated pest management; and

(G) control of other critical housing-related health and safety hazards, such as installation of smoke alarms, carbon monoxide detection devices, and radon testing and mitigation.

(2) Covered costs.--The costs of visual assessment and testing for baseline documentation of problems, and eligible corrective and preventive measures to address such problems, shall be allowable program expenses.

(f) Flexible Funding.--Grants awarded under this section shall be subject to the requirements that govern the primary source of Federal funds supporting each project.

(g) Administrative Expenses.--Not more than 10 percent of funds for each grant awarded under this section may be used for administrative expenses.

(h) Reporting Requirements.--Consistent with the supplemental purpose of the grant program established under this section, the Secretary of Housing and Urban Development shall streamline reporting and record keeping requirements by building on existing reporting requirements of the eligible program. For each property receiving treatments funded by grants under this section, the grantee shall document the problems treated and the amount of grant funds used, and report such information to the primary awarding agency, which shall aggregate reports and supporting data and submit all such reports and data to the Secretary.

(i) Evaluation.--The Secretary of Housing and Urban Development shall review the implementation of the grant program established under this section beginning on the date of enactment of this Act and ending on the date that is 1 years after such date of enactment. The review shall determine how grantees use and leverage funds and evaluate the cost-effectiveness of the grant program, taking into account the aggregate health, safety, energy savings, and durability benefits from measures taken, as well as the success of the grant program's leveraging of and coordination with Federal investments from other programs.

(j) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2009 through 2011, $10,000,000 for carrying out the activities under this section.

SEC. 205. EFFECTIVE TRAINING ON HOUSING-RELATED HEALTH

HAZARDS.

(a) Public Health Service Act Amendments.--Section 317B of the Public Health Service Act (42 U.S.C. 247b-3) is amended--

(1) in subsection (a), by adding at the end the following:

``(3) Training.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall--

``(A) train lead poisoning prevention program staff in healthy housing principles;

``(B) deliver training and technical assistance in the identification and control of housing-related health hazards

(as that term is defined in section 3 of the Research, Hazard Intervention, and National Outreach for Healthier Homes Act of 2008) to staff of State and local public health departments and code enforcement agencies, health care providers, other health care delivery systems and professionals, and community-based organizations; and

``(C) provide resources and incentives to State and local health departments to support the wide availability of free or low-cost training to prevent and control housing-related health hazards.''; and

(2) by adding at the end the following:

``(c) Authorizations of Appropriations.--In addition to any other authorization of appropriation available under this Act to the Centers for Disease Control and Prevention for the purpose of carrying out lead poisoning prevention education, the Interagency Task Force, technology assessment, and epidemiology, there is authorized to be appropriated for each of fiscal years 2009 through 2013 to the Centers for Disease Control and Prevention $8,000,000 to facilitate a transition from categorical lead poisoning prevention to comprehensive healthy housing approaches.''.

(b) Department of Agriculture.--

(1) Technical assistance.--

(A) In general.--The Secretary of Agriculture shall, acting through the Cooperative State Research, Education, and Extension Service, establish a competitive grant program to promote education and outreach on housing-related health hazards.

(B) Eligible applicants.--The Secretary of Agriculture may award grants, on a competitive basis, under this subsection to land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) for education and extension services.

(C) Criteria for grants.--Grants under this subsection shall be awarded to address housing-related health hazards through translation of the latest research into easy-to-use guidelines, development and dissemination of outreach materials, and operation of training and education programs to build capacity at a local level.

(2) Expanded training.--The Secretary of Agriculture shall, acting through the Cooperative State Research, Education, and Extension Service Regional Integrated Pest Management Training Centers, expand training and outreach activities to include structural integrated pest management topics.

(3) Coverage of lead-based paint and other health hazards.--The Secretary of Agriculture shall, acting through the Expanded Food and Nutrition Education Program, in consultation with the Cooperative State Research, Education, and Extension Service Housing and Indoor Environments Division, ensure that food and nutrition subject matter content for adults and youth includes effective information about preventing exposure to lead-based paint, pests, pesticides, mold, and, where there is sufficient data, about preventing exposure to other biological or chemical food safety hazards in and around the home.

(c) Evaluation.--Not later than 2 years after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention and the Secretary of Agriculture shall evaluate the cost-effectiveness of the training programs authorized under this section and prepare a report, the results of which shall be posted on the website of each agency.

(d) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2009 through 2013--

(1) $700,000 for carrying out the activities under subsection (b)(1);

(2) $250,000 for carrying out the activities under subsection (b)(2); and

(3) $250,000 for carrying out the activities under subsection (b)(3).

SEC. 206. ENFORCEMENT OF LEAD DISCLOSURE RULE.

Subsection (a) of section 1018 of subtitle A, of title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4852d), is amended by adding at the end the following:

``(6) Authority of the secretary.--

``(A) Investigations.--The Secretary is authorized to conduct such investigations as may be necessary to administer and carry out his duties under this section. The Secretary is authorized to administer oaths and require by subpoena the production of documents, and the attendance and testimony of witnesses as the Secretary deems advisable. Nothing contained in this subparagraph shall prevent the Administrator of the Environmental Protection Agency from exercising authority under the Toxic Substances Control Act or this Act.

``(B) Enforcement.--Any district court of the United States within the jurisdiction of which an inquiry is carried, on application of the Attorney General, may, in the case of contumacy or refusal to permit entry under this section or to obey a subpoena of the Secretary issued under this section, issue an order requiring such entry or such compliance therewith. Any failure to obey such order of the court may be punished by such court as a contempt thereof.''.

TITLE III--EDUCATION ON HEALTH HAZARDS IN HOUSING

SEC. 301. HEALTHY HOME SEAL OF APPROVAL PROGRAM.

(a) Establishment.--There is established within the Environmental Protection Agency the following labeling programs:

(1) Products and materials labeling program.--A voluntary labeling program to evaluate consumer products intended for home use and housing materials to determine their efficacy in fostering a healthy home environment.

(2) Criteria for housing labeling program.--A voluntary labeling program to expand upon the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) to establish health-promoting design and maintenance criteria for new and existing housing.

(b) Duties.--

(1) In general.--The Administrator of the Environmental Protection Agency shall, in consultation with the Secretary of Housing and Urban Development and the Director of the Centers for Disease Control and Prevention--

(A) promote the Healthy Home Seal of Approval for consumer products and materials, and for criteria for housing as the preferred options in the marketplace for achieving optimum indoor environmental quality and maximum occupant health;

(B) work to enhance public awareness of the Healthy Home Seal of Approval for consumer products and materials, and for criteria for housing, including by providing special outreach to small businesses;

(C) conduct research and provide sound science and methods to evaluate products, materials, and criteria for housing that preserves the integrity of the Healthy Home Seal of Approval for consumer products and materials, and for criteria for housing label;

(D) regularly update the requirements for the Healthy Home Seal of Approval for products and materials, and for criteria for housing;

(E) solicit comments from interested parties prior to establishing or revising a Healthy Home Seal of Approval, including a change to a product category, material category, specification, or criterion (or prior to effective dates for any such product category, material category, specification, or criterion);

(F) on adoption of a new or revised product category, material category, specification, or criterion in a Healthy Home Seal of Approval, provide reasonable notice to interested parties of any changes (including effective dates) in product categories, material categories, specifications, or criteria, along with--

(i) an explanation of the changes; and

(ii) as appropriate, responses to comments submitted by interested parties; and

(G) provide appropriate lead time (which shall be 270 days, unless the Administrator specifies otherwise) prior to the applicable effective date for a new or a significant revision to a Healthy Home Seal of Approval, including a change to a product category, material category, specification, or criterion.

(2) Lead time.--If a product category is revised in accordance with paragraph (1)(G), the lead time shall take into account the timing requirements of the manufacturing, product marketing, and distribution process for the specific product addressed.

(c) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2009 through 2013, $6,000,000 for carrying out the activities under this section.

SEC. 302. OUTREACH ON HEALTH HAZARDS IN HOUSING.

(a) In General.--The Administrator of the Environmental Protection Agency, acting through the Office of Children's Health Protection and Environmental Education, shall provide education and outreach to the general public on the--

(1) environmental health risks experienced by the elderly; and

(2) low-cost methods for addressing such risks.

(b) Food Quality Protection.--Section 303 of the Food Quality Protection Act of 1996 (7 U.S.C. 136r-1) is amended--

(1) in the first sentence, by striking ``The Secretary'' and inserting the following:

``(a) Programs.--

``(1) Implementation.--The Secretary'';

(2) in the second sentence, by striking ``Integrated Pest Management is'' and inserting the following:

``(2) Definition of integrated pest management.--In this section, the term `Integrated Pest Management' means'';

(3) in the third sentence, by striking ``The Secretary'' and inserting the following:

``(b) Federal Agencies.--

``(1) Availability of information.--The Secretary'';

(4) in the fourth sentence, by striking ``Federal agencies'' and inserting the following:

``(2) Use.--A Federal agency''; and

(5) by adding at the end the following:

``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section--

``(1) $300,000 for use by the Secretary of Agriculture; and

``(2) $300,000 for use by the Administrator.''.

(c) Grant Program.--

(1) In general.--The Secretary of Housing and Urban Development shall award funds for a Health Hazards Outreach competitive grant program.

(2) Eligible applicants.--Eligible applicants for a grant under paragraph (1) are national nonprofit organizations, and State and local entities, including community-based organizations and government health, environmental, and housing departments.

(3) Eligible activities.--Funds awarded under this subsection may be used to--

(A) document the need for healthy housing assessments or controls in a given community or communities;

(B) perform outreach and education with a community-level focus; and

(C) develop policy and capacity building approaches.

(4) Collaboration with local institutions.--Eligible applicants under this subsection are encouraged to--

(A) forge partnerships among State or local level government and nonprofit entities; and

(B) improve the incorporation of healthy housing principles into existing State and local systems where possible.

(d) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2009 through 2013--

(1) $300,000 for carrying out the activities under subsection (a); and

(2) $2,000,000 for carrying out the activities under subsection (c).

SEC. 303. NATIONAL HEALTHY HOUSING MEDIA CAMPAIGN.

(a) In General.--The Secretary of Housing and Urban Development, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency shall establish and maintain a national healthy housing media campaign.

(b) Requirements of Campaign.--The Secretary of Housing and Urban Development, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Environmental Protection Agency shall--

(1) determine the design of the national healthy housing media campaign, including by--

(A) identifying the target audience;

(B) formulating and packaging unified messages regarding--

(i) how best to assess health hazards in the home; and

(ii) how best to prevent and control health hazards in the home;

(C) identifying ideal mechanisms for dissemination;

(D) distributing responsibilities and establishing an ongoing system of coordination; and

(E) incorporating input from the target audience of the campaign;

(2) carry out the operation of a national healthy housing media campaign that--

(A) draws upon existing outreach and public education efforts to the maximum extent practicable;

(B) provides critical healthy housing information in a concise and simple manner; and

(C) uses multiple media strategies to reach the maximum number of people in the target audience as possible; and

(3) evaluate the performance of the campaign, including by--

(A) tracking the accomplishments of the campaign;

(B) identifying changes in healthy housing awareness, healthy housing activities, and the healthy housing conditions among the target audience of the campaign;

(C) assessing the cost-effectiveness of the campaign in achieving the goals of the campaign; and

(D) preparing a final evaluation report within 1 year of the close of the campaign, the results of which shall be posted on the website of each such agency.

(c) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2009 through 2013, $6,000,000 for carrying out the activities under this section.

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SOURCE: Congressional Record Vol. 154, No. 157