[House Report 112-539]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-539
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2578) TO AMEND THE WILD
AND SCENIC RIVERS ACT RELATED TO A SEGMENT OF THE LOWER MERCED RIVER IN
CALIFORNIA, AND FOR OTHER PURPOSES
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June 18, 2012.--Referred to the House Calendar and ordered to be
printed
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Mr. Bishop of Utah, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 688]
The Committee on Rules, having had under consideration
House Resolution 688, by a record vote of 7-3, report the same
to the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2578, to
amend the Wild and Scenic Rivers Act related to a segment of
the Lower Merced River in California, and for other purposes,
under a structured rule. The resolution provides 90 minutes of
general debate equally divided and controlled by the chair and
ranking minority member of the Committee on Natural Resources.
The resolution waives all points of order against consideration
of the bill. The resolution makes in order as original text for
purpose of amendment the amendment in the nature of a
substitute consisting of the text of Rules Committee Print 112-
25 and provides that it shall be considered as read. The
resolution waives all points of order against the amendment in
the nature of a substitute. The resolution makes in order only
those amendments printed in this report. Each such amendment
may be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in this
report. Finally, the resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against the amendment in
the nature of a substitute made in order as original text
includes a waiver of clause 7 of rule XVI, prohibiting the
consideration of non-germane amendments, because the amendment
in the nature of a substitute contains provisions not germane
to the bill.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 317
Motion by Mr. Hastings of Florida to report an open rule.
Defeated: 3-7.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. Sessions.................... Nay Ms. Slaughter..... Yea
Ms. Foxx........................ Nay Mr. Hastings of Yea
Florida.
Mr. Bishop of Utah.............. Nay Mr. Polis......... Yea
Mr. Woodall..................... Nay
Mr. Nugent...................... Nay
Mr. Scott of South Carolina..... Nay
Mr. Webster..................... Nay
------------------------------------------------------------------------
Rules Committee record vote No. 318
Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #2, offered by
Rep. King (IA), which would require the Corps of Engineers to
increase the amount of flood storage capacity in the Missouri
River's reservoir system so that it is sufficient to control
the runoff associated with the largest flood experienced in the
Missouri River. As of now, that is the historic flood of last
year, 2011. Defeated: 3-7.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. Sessions.................... Nay Ms. Slaughter..... Yea
Ms. Foxx........................ Nay Mr. Hastings of Yea
Florida.
Mr. Bishop of Utah.............. Nay Mr. Polis......... Yea
Mr. Woodall..................... Nay
Mr. Nugent...................... Nay
Mr. Scott of South Carolina..... Nay
Mr. Webster..................... Nay
------------------------------------------------------------------------
Rules Committee record vote No. 319
Motion by Ms. Foxx to report the rule. Adopted: 7-3.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
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Mr. Sessions.................... Yea Ms. Slaughter..... Nay
Ms. Foxx........................ Yea Mr. Hastings of Nay
Florida.
Mr. Bishop of Utah.............. Yea Mr. Polis......... Nay
Mr. Woodall..................... Yea
Mr. Nugent...................... Yea
Mr. Scott of South Carolina..... Yea
Mr. Webster..................... Yea
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Hastings, Doc (WA): MANAGERS Would make technical and
clarifying changes; reduce the size of the land conveyance in
Title IV; conform the text of Title VI to the House-passed
version of the bill from the 111th Congress; and reduce the
authorization of Title VIII to conform with Leadership
protocols. (10 minutes)
2. DeFazio (OR): Would ensure that if the SEAlaska Native
Corporation is allowed to clear-cut new areas of the Tongass
National Forest in Alaska, it is subject to the same limitation
on the export of unprocessed timber that applies to other
national forests in the lower 48. (10 minutes)
3. Markey, Edward (MA): Would authorize a pilot project to
test a small increase in federal grazing fees. (10 minutes)
4. Bishop, Rob (UT): Would clarify the intent of the
legislation and narrow the list of laws which may be waived for
border security activities. It also would add provisions
protecting private property and tribal sovereignty. (10
minutes)
5. Grijalva, Raul (AZ): Would strike Title XIV which
creates a 100-mile operation control zone for the Department of
Homeland Security along the northern and southern borders of
the United States. (10 minutes)
6. Hanabusa (HI): Would exclude the state of Hawaii from
the provisions of the bill that exempt the Department of
Homeland Security from dozens of conservation laws within 100
miles of the nation's borders. (10 minutes)
7. Cravaack (MN): Would direct the Forest Service to allow
ATV's access to forest roads when not in use by loggers in the
Superior and Chippewa National Forests. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Hastings of Washington
or His Designee, Debatable for 10 Minutes
Page 52, line 13, strike ``151'' and insert ``137''.
Page 52, line 15, strike ``2009''.
Page 52, strike line 16 and insert ``numbered 472/113,006A,
and dated June 2012.''.
Page 52, strike line 25, and insert ``(3) by donation or
exchange only (and in the case of an exchange, no payment may
be made by the Secretary to any landowner). No private property
or non-''.
Page 53, line 4, insert ``to'' after ``construed''.
Page 60, beginning on line 22, strike ``100-foot-wide
corridor'' and insert ``corridor of not more than 100 feet in
width''.
Page 61, after line 2, insert the following (and redesignate
the subsequent paragraphs accordingly):
``(2) within one mile of the route, on the date of
the enactment of this section, of the Stehekin Valley
Road;''.
Page 61, strike lines 7 through 13 and insert the following:
``(b) No Net Loss of Lands.--
``(1) In general.--The boundary adjustments made
under this section shall be such that equal amounts of
federally owned acreage are exchanged between the
Stephen Mather Wilderness and the North Cascades
National Park, resulting in no net loss of acreage to
either the Stephen Mather Wilderness or the North
Cascades National Park.
``(2) Stehekin valley road lands.--The newly
designated wilderness shall include the lands along the
route of the Stehekin Valley Road that are replaced by
the reconstruction.
``(3) Equalization of land.--If the lands described
in paragraph (2) contain fewer acres than the corridor
described in subsection (a), the Secretary may
designate additional Federal lands in the North
Cascades National Park as wilderness, but such
designation may not exceed the amount needed to
equalize the exchange and these additional lands must
be selected from lands that qualify as wilderness under
section 2(c) of the Wilderness Act (16 U.S.C. 1131(c)).
``(c) No Sale or Acquisition Authorized.--Nothing in this
title authorizes the sale or acquisition of any land or
interest in land.
``(d) No Priority Required.--Nothing in this title shall be
construed as requiring the Secretary to give this project
precedence over the construction or repair of other similarly
damaged roads in units of the National Park System.''.
Page 69, line 17, strike ``2022'' and insert ``2019''.
Page 71, after line 13, insert the following:
(e) Funding.--Subsection (f) of the Herger-Feinstein Quincy
Library Group Forest Recovery Act is amended by striking
paragraph (6) and redesignating paragraph (7) as paragraph (6).
Page 87, strike lines 22 and 23 and insert ``to 90 percent of
the funds apportioned to it under section 669c(c) of this title
to acquire land for, expand, or construct a public target
range.''.
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2. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
Page 47, after line 16, insert the following new subsection:
(k) Condition on Sealaska Export of Unprocessed Timber.--The
conveyance to Sealaska of Federal land under this title shall
be subject to an additional covenant that Sealaska comply with
the export restrictions on unprocessed timber contained in the
Forest Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620 et seq.) regarding any timber removed from the
conveyed land notwithstanding the geographical limitation on
the applicability of such Act only to timber originating from
lands west of the 100th meridian in the contiguous 48 States.
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3. An Amendment To Be Offered by Representative Markey of Massachusetts
or His Designee, Debatable for 10 Minutes
Page 83, after line 21, insert the following new section:
SEC. 1104. GRAZING FEE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to conduct a
pilot program in fiscal years 2013 through 2016 to collect an
administrative fee to offset the increased cost of
administering the livestock grazing program on public lands
managed by the Bureau of Land Management.
(b) Fee Amount and Collection.--
(1) Amount.--The fee authorized by this section shall
be in the amount of $1 per Animal Unit Month, and shall
be billed, collected, and subject to the penalties
using the same process as the annual grazing fee under
section 4130.8-1 of title 43, Code of Federal
Regulations.
(2) Deposit of penalties.--Penalties assessed under
this subsection shall be deposited in the general fund
of the Treasury.
(3) Applicability.--Nothing in this section affects
the calculation, collection, distribution, or use of
the grazing fee under 43 U.S.C. 315 et seq., section
205(b) of Public Law 94-579 (43 U.S.C. 1751(b)),
section 6(a) of Public Law 95-514 (43 U.S.C. 1905),
Executive Order 12548, or any administrative
regulation.
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4. An Amendment To Be Offered by Representative Bishop of Utah or His
Designee, Debatable for 10 Minutes
Strike sections 1401, 1402, and 1403, and insert the
following:
SEC. 1401. WAIVER OF FEDERAL LAWS WITH RESPECT TO BORDER SECURITY
ACTIONS ON DEPARTMENT OF THE INTERIOR AND
DEPARTMENT OF AGRICULTURE LANDS.
(a) Short Title.--This section may be cited as the ``National
Security and Federal Lands Protection Act''.
(b) Prohibition on Secretaries of the Interior and
Agriculture.--The Secretary of the Interior or the Secretary of
Agriculture shall not impede, prohibit, or restrict activities
of U.S. Customs and Border Protection on Federal land located
within 100 miles of an international land border, that is under
the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture to prevent all unlawful entries into
the United States, including entries by terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and other
contraband through the international land borders of the United
States.
(c) Authorized Activities of U.S. Customs and Border
Protection.--U.S. Customs and Border Protection shall have
access to Federal land under the jurisdiction of the Secretary
of the Interior or the Secretary of Agriculture for purposes of
conducting the following activities on such land that assist in
securing the international land borders of the United States:
(1) Construction and maintenance of roads.
(2) Construction and maintenance of fences.
(3) Use of vehicles to patrol.
(4) Installation, maintenance, and operation of
surveillance equipment and sensors.
(5) Use of aircraft.
(6) Deployment of temporary tactical infrastructure,
including forward operating bases.
(d) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision
of law (including any termination date relating to the
waiver referred to in this subsection), the waiver by
the Secretary of Homeland Security on April 1, 2008,
under section 102(c)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1103 note; Public Law 104-208) of the laws
described in paragraph (2) with respect to certain
sections of the international border between the United
States and Mexico and between the United States and
Canada shall be considered to apply to all Federal land
under the jurisdiction of the Secretary of the Interior
or the Secretary of Agriculture within 100 miles of the
international land borders of the United States for the
activities of U.S. Customs and Border Protection
described in subsection (c).
(2) Description of laws waived.--The laws referred to
in paragraph (1) are limited to the Wilderness Act (16
U.S.C. 1131 et seq.), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), the
National Historic Preservation Act (16 U.S.C. 470 et
seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the
Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.),
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.), the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.), the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.), the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.), subchapter II
of chapter 5, and chapter 7, of title 5, United States
Code (commonly known as the ``Administrative Procedure
Act''), the National Park Service Organic Act (16
U.S.C. 1 et seq.), the General Authorities Act of 1970
(Public Law 91-383) (16 U.S.C. 1a-1 et seq.), sections
401(7), 403, and 404 of the National Parks and
Recreation Act of 1978 (Public Law 95-625, 92 Stat.
3467), and the Arizona Desert Wilderness Act of 1990
(16 U.S.C. 1132 note; Public Law 101-628).
(e) Protection of Legal Uses.--This section shall not be
construed to provide--
(1) authority to restrict legal uses, such as
grazing, hunting, mining, or public-use recreational
and backcountry airstrips on land under the
jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture;
(2) any additional authority to restrict legal access
to such land; or
(3) any additional authority or access to private or
State land.
(f) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes treaties or other agreements
between the United States and Indian tribes
(g) Sunset.--This section shall have no force or effect after
the end of the 5-year period beginning on the date of enactment
of this Act.
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5. An Amendment To Be Offered by Representative Grijalva of Arizona or
His Designee, Debatable for 10 Minutes
Strike title XIV.
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6. An Amendment To Be Offered by Representative Hanabusa of Hawaii or
Her Designee, Debatable for 10 Minutes
Page 104, after line 8, insert the following new subsection:
(e) Limitation on Application With Respect to Hawaii.--
Subsections (a) and (b) shall not apply with respect to
activities by U.S. Customs and Border Protection on land under
the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture in Hawaii.
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7.
7. An Amendment To Be Offered by Representative Cravaack of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new title:
TITLE XV--ATV USE IN SUPERIOR AND CHIPPEWA NATIONAL FORESTS
SEC. 1501. GUARANTEE OF ATV ACCESS TO FOREST ROADS IN SUPERIOR AND
CHIPPEWA NATIONAL FORESTS.
The Chief of the Forest Service shall ensure that users of
all-terrain vehicles have access to forest roads in Superior
and Chippewa National Forests, subject to reasonable road
closures to prevent interference with ongoing activities
related to the extraction and transport of national forest
materials.