November 6, 2009
WEEKLY UPDATE: Protecting Lake Tahoe; Fighting for Small Business; Fighting for Nevada Law Enforcement Funding
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NEVADA, CALIFORNIA DELEGATIONS INTRODUCE LEGISLATION TO PRESERVE AND PROTECT LAKE TAHOE
Washington, DC – Nevada Senator John Ensign, along with Senators Dianne Feinstein, Harry Reid and Barbara Boxer today introduced sweeping legislation to protect Lake Tahoe and the Tahoe Basin from a variety of serious threats. Congressman Dean Heller introduced companion legislation in the House of Representatives today along with support from Congresswomen Shelley Berkley, and Dina Titus and Congressman Tom McClintock.
The legislation would authorize projects to combat invasive species, reduce the risk of catastrophic wildfires, restore Lake Tahoe’s water clarity, and protect threatened species and wildlands. It would continue and strengthen the work begun under the Lake Tahoe Restoration Act of 2000, ensuring that the work of protecting Lake Tahoe and the Tahoe Basin continues without interruption.
“Words fail to describe the beauty that is Lake Tahoe,” said Ensign. “The crisp blue water and cool clear air make Lake Tahoe a truly one-of-a-kind national jewel that lures people from all over the world to its waters. Unfortunately, the beauty of the lake faces a number of environmental threats that risk diluting its famous clarity. Invasive species and sediment in the lake have the potential to ruin the very beauty that makes it unique, but catastrophic wildfires remain its biggest threat.
“The efforts that we have introduced to protect the clarity and beauty of Lake Tahoe have made noticeable improvements over the years. This new legislation will continue those efforts so that we can limit threats to the lake and ensure that its clarity remains a hallmark of Lake Tahoe for future generations to come.”
“This bill is testament to the incredible level of commitment that people in and around Lake Tahoe have to this spectacular resource,” Reid said. “When I brought President Clinton and Vice-President Gore to Lake Tahoe in 1997 we set some ambitious goals for restoring the health of Lake Tahoe and the Lake Tahoe Basin. Since that time, we have made great progress. And today, with this Act, we are making it clear that we will continue our nation’s commitment to protecting and restoring this jewel of the Sierras.”
“Lake Tahoe is a national treasure, but we could easily lose it -- and lose it quickly -- if we don’t take robust action,” Senator Feinstein said. “Invasive species, such as the quagga mussel, could literally devastate Lake Tahoe and deliver a body blow to the regional economy. Wildfires could easily spiral out of control and destroy the Basin. One-quarter of the forest in the Basin is dead, downed and dying trees, and removing these hazardous fuels must be a top priority. And we must redouble efforts to block sedimentation and pollution from degrading Lake Tahoe’s fabled water clarity. With today’s legislation, we can rise to these challenges and ensure the survival of the ‘Jewel of the Sierra,’ now and for future generations.”
Senator Boxer said, “California is defined by its environment and Lake Tahoe is one of our most magnificent treasures. This legislation builds on a decade of work to restore Lake Tahoe and will further improve water clarity, reduce the threat of wildfires, and stop harmful invasive species.”
“Anyone who has been to Lake Tahoe understands why it is important we protect the natural beauty of the lake for future generations. Preventing catastrophic wildfires, increasing lake clarity, and investing in critical infrastructure is vital to the long-term ecological health of the Tahoe Basin. I am honored to join members of the California and Nevada delegation in our continued efforts to protect Lake Tahoe,” said Heller.
“I am proud to cosponsor this comprehensive bill that renews and enhances our investment in protecting Lake Tahoe for future generations. As a member of Nevada’s Congressional delegation, I have worked over the past decade to secure needed resources and added protections for this magnificent natural wonder that is known around the world for its stunning beauty. These efforts are a model of what can be done when federal, state, and local governments work together with members of the community and native tribes to protect Lake Tahoe’s environment and to preserve its rich and unique history,” said Berkley.
“Lake Tahoe is a majestic treasure that is a source of pride for all Nevadans,” Congresswoman Dina Titus said. “As such, its protection is critical as are efforts to restore the pristine environment that attracts visitors from around the world to its shore. This legislation will build on past efforts to preserve Lake Tahoe for generations to come.”
“The Lake Tahoe Restoration Act of 2009 makes important strides towards fire protection and pest control of the quagga mussel – goals that are vital to protecting the people, the economy and the environment of this region,” said McClintock.
Background
The legislation introduced today is the successor to the Lake Tahoe Restoration Act of 2000, which was introduced by Senators Feinstein, Reid, Boxer and then-Senator Richard Bryan (D-Nev). That legislation led to major investments in the environmental health of the Tahoe Basin, including $424 million by the federal government, $612 million by the state of California, $87 million by the state of Nevada, $59 million by local governments, and $249 million in in-kind contributions from the private sector.
These investments made these, and many other, efforts possible:
· Fuels reduction treatment of 33,549 acres, including 12,256 acres treated since 2006;
· Wildlife habitat improvements on 13,927 acres of land, including 477 acres treated since 2006; and
· Acquisition of 3,092 acres of sensitive land; improvements to 416 miles of roadways to prevent sediment from entering the lake; and restoration of 800 acres of stream environment zones.
Summary of the Lake Tahoe Restoration Act Reauthorization Act of 2009
The Lake Tahoe Restoration Act of 2009 authorizes $415 million over eight years to combat invasive species, improve water clarity, reduce the threat of catastrophic wildfire, and restore the environment. It is supported by the Tahoe Regional Planning Agency, the North Lake Tahoe Chamber of Commerce, the Lake Tahoe South Shore Chamber of Commerce, the California Tahoe Conservancy, the League to Save Lake Tahoe, the Tahoe Area Sierra Club, Trout Unlimited, the Trust for Public Lands and the Tahoe area fire chiefs.
Key components include:
· Authorizing $248 million over eight years for the highest priority restoration projects, according to scientific data. The legislation authorizes at least $72 million for stormwater management and watershed restoration projects that are crucial to improving water clarity. This legislation also requires a prioritized ranking of environmental restoration projects, and authorizes $136 million for Lake Tahoe stakeholders to implement these priority projects. Priority projects will improve water quality, forest health, air quality and fish and wildlife habitat around Lake Tahoe.
· Reducing the threat of wildfire in the Tahoe Basin. The legislation authorizes $136 million over eight years for hazardous fuels reduction projects to be conducted by the U.S. Forest Service and local fire agencies. Also, it would authorize up to $10 million for U.S. Forest Service fuels projects that have multiple environmental benefits, with an emphasis on restoring stream environment zones. Finally, it would create incentives for local communities to adopt progressive building codes, and to have dedicated funding for defensible space inspections and enforcement.
· Protecting Lake Tahoe from the threat of quagga mussels and other invasive species. The bill authorizes $20 million for watercraft inspections and removal of existing invasive species. It would also prohibit watercraft that have had contact with quagga or zebra mussel-infested waters from entering waters in the Tahoe Basin. One quagga or zebra mussel can lay 1 million eggs in a year. This means that a single boat carrying quagga could devastate local recreation, infrastructure, and ecosystems. The damage that could be inflicted at Lake Tahoe by a quagga infestation has been estimated in the tens of millions of dollars annually. Only about 1.5 percent of boats that have been inspected in Lake Tahoe would be prohibited from entering the lake, according to the Tahoe Regional Planning Agency. The bill would require that all other watercraft be inspected and decontaminated to prevent the introduction of invasive aquatic species. Boats that can show they have not launched elsewhere since their last launch at Lake Tahoe can be exempted from decontamination requirements.
· Reintroduction of the Lahontan cutthroat trout. The legislation authorizes $20 million over eight years for the Lahontan Cutthroat Trout Recovery Plan. The Lahontan cutthroat trout is an iconic native species with an important historic legacy in Lake Tahoe. These fish have been known to grow to 40 pounds or more. Recovery efforts at Lake Tahoe are critical to the full recovery of the species.
· Funding Scientific Research. The legislation authorizes $30 million over eight years for scientific programs and research to produce information on long-term trends in the Tahoe Basin.
· Withdrawing Lake Tahoe from Mineral Entry. Under the legislation, Lake Tahoe is withdrawn from mineral entry, thereby preserving the area’s existing ecosystem values.
· Increasing accountability and oversight. All projects funded by this legislation will have monitoring and assessment built into the project design. This will make it possible over time to select the most effective projects and best management practices for the Basin. The legislation also requires annual reports to Congress detailing the status of all projects undertaken, including scope, budget, justification and overall expenditures and accomplishments.
· Providing for public outreach and education. The legislation requires signage on federally financed projects to improve public awareness of restoration efforts. In addition, the Tahoe Regional Planning Agency will conduct a public outreach and education program to encourage Basin residents and visitors to implement defensible space, best management practices for water quality, and to prevent the introduction and proliferation of invasive species.
· Allowing for increased efficiency in the management of public land. Under this legislation, the Forest Service will have increased flexibility to exchange land with Nevada and California in order to allow for more cost-effective management of public lands found scattered throughout the Basin’s residential communities. Currently, the Forest Service manages more than 3,280 urban parcels. Nevada and California own and manage an additional 5,150 urban forested lots.
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ENSIGN FIGHTS FOR NEVADA SMALL BUSINESSES
Serves as Lead Republican Senator at Homeland Security Hearing
November 5, 2009
Washington, DC – Senator John Ensign today served as the lead Republican on the Homeland Security hearing regarding Senate bill 569, the Incorporation Transparency and Law Enforcement Assistance Act.
The bill would have major implications on states’ laws regarding business incorporation rules and could make it more difficult for entrepreneurs to start small businesses in Nevada if the rules are allowed to become more complicated.
His opening statement follows:
“Thank you, Mr. Chairman. I am pleased to join you here today to discuss S. 569, the Incorporation Transparency and Law Enforcement Assistance Act.
“This is a very important piece of legislation because it affects a number of different issues, not the least of which is its impact on the small business community, which serves as the backbone of our economy. Corporate law has long been within a state’s domain.
“By forcing states to amend their individual laws on corporate formation, Congress is effectively imposing a federal standard on business creation, ignoring the particularities of each state’s business culture. With such a new federal standard, there is no incentive to choose one state over another when deciding where to form a business. This will hurt many business-friendly states such as Nevada.
“Businesses choose Nevada as their state of incorporation because of our state regulatory climate, tax situation and flexibility for companies to run their businesses as they like. This week, I received comments from the Nevada Secretary of State for this hearing that I would like to submit for the record.
“If enacted, S.569 would require my state to add additional staff, undertake an extensive rewrite of the e-Secretary of State processing system and deploy a new system, maintain a separate nonpublic database, and deal with other operational infrastructure needs. According to their office, the estimated cost for initial implementation could reach as high as $10 million, with ongoing costs of approximately $1 million annually.
“These are costs that Nevada simply cannot afford.
“As a former small business owner, I know firsthand how difficult it is to start and grow a business. It is certainly more difficult in today’s economic environment. Every dollar spent on the burdensome requirements under this bill is one less that can be reinvested in the business.
“Too often in Washington, we see unintended consequences of bills that, while they have a valuable purpose, turn out to be overreaching in their application. I fear that is the case with this bill. It will result in significant regulatory and compliance costs that may have a chilling effect on the creation of new business and new jobs at a time when our economy can least afford it.
“The term “beneficial ownership” as defined in the bill is simply too broad. Rather than qualifying it by some clear cut standard, the language in the bill is borrowed from the Treasury Department’s use of the term to determine the proper taxpayer on a bank account. Because of the number of different entities involved, this is not a workable comparison for corporations and LLCs. It leaves open the possibility to interpret the definition differently.
“Rather than risk the harsh penalties associated with noncompliance, entrepreneurs will be encouraged to register their businesses only after consulting with certain professionals, such as attorneys or accountants. The expense associated with the new registration process will simply be too great for many smaller start-up businesses to bear, resulting in less business activity and less job creation.
“Mr. Chairman, we are not the first economic power to consider the regulatory system proposed under this bill. In fact, efforts to enact a similar regulatory scheme have failed in other jurisdictions, most notably in the U.K. I understand that one of the witnesses in the Committee’s last hearing on the topic mentioned this. The U.K. considered a system requiring up-front disclosure of beneficial ownership, as defined in a manner consistent with the definition in S.569. The U.K. authorities rejected this approach, concluding that ‘there were significant disadvantages and no clear benefits, particularly when taking into account the costs of introducing such measures.’
“As a basis for their conclusion, these authorities noted that ‘those engaged in criminal activities would not provide true information about the beneficial owners’ and that ‘disclosure would result in misleading information being included on the register.’ According to these authorities, requiring further details of beneficial ownership ‘would be harmful to investigations through the resulting misleading information provided by both criminal and innocent shareholders.’
“Mr. Chairman, it is my hope that we can continue to work together on this very important issue to ensure that the needs of law enforcement are adequately met, while not overburdening our states or business communities. Thank you.”
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ENSIGN FIGHTS FOR NEVADA LAW ENFORCEMENT FUNDING
November 5, 2009
Washington, DC – Senator John Ensign fought for Nevada law enforcement today by getting a vote on his amendment to the Commerce, Science and Justice Appropriations bill that would have added $172 million for the State Criminal Alien Assistance Program (SCAAP). This program reimburses state and local law enforcement for costs incurred for incarcerating undocumented criminal aliens. The amendment failed by a vote of 32-67.
“With increased funding for this program, we can keep more repeat offenders off of our streets and reduce some of the ‘catch and release’ practices instituted by many communities that just don’t have the resources to keep these criminals where they belong – behind bars,” said Ensign.
SCAAP reimburses state and local law enforcement for costs incurred for incarcerating undocumented criminal aliens. The new funds would have brought SCAAP funding to the FY’09 level of $400 million and would have matched the level that the House accepted by a nearly unanimous vote, 405-1. Sen. Ensign will continue to fight for this funding level as the bill works its way through Conference.
A recent article, which ran on October 8, 2009 in the Las Vegas Review Journal, highlighted the problem for Nevada law enforcement.
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WEEKLY UPDATE: Protecting Lake Tahoe; Fighting for Small Business; Fighting for Nevada Law Enforcement Funding |
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