[House Report 113-340]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-340
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2954) TO AUTHORIZE
ESCAMBIA COUNTY, FLORIDA, TO CONVEY CERTAIN PROPERTY THAT WAS FORMERLY
PART OF SANTA ROSA ISLAND NATIONAL MONUMENT AND THAT WAS CONVEYED TO
ESCAMBIA COUNTY SUBJECT TO RESTRICTIONS ON USE AND RECONVEYANCE, AND
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3964) TO ADDRESS CERTAIN
WATER-RELATED CONCERNS IN THE SACRAMENTO-SAN JOAQUIN VALLEY, AND FOR
OTHER PURPOSES
_______
February 4, 2014.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Bishop of Utah, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 472]
The Committee on Rules, having had under consideration
House Resolution 472, by a record vote of 9 to 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. 2954, to
authorize Escambia County, Florida, to convey certain property
that was formerly part of Santa Rosa Island National Monument
and that was conveyed to Escambia County subject to
restrictions on use and reconveyance, under a structured rule.
The resolution provides one hour 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 the purpose of
amendment an amendment in the nature of a substitute consisting
of the text of Rules Committee Print 113-35 and provides that
it shall be considered as read. The resolution waives all
points of order against that amendment in the nature of a
substitute. The resolution makes in order only those further
amendments to H.R. 2954 printed in part A of 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 part A of this report. The rule provides one motion
to recommit with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 3964, the Sacramento-San Joaquin Valley Emergency Water
Delivery Act, under a structured rule. The resolution provides
one hour 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 the purpose of amendment an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 113-34 and provides that it shall be
considered as read. The resolution waives all points of order
against that amendment in the nature of a substitute. The
resolution makes in order only those further amendments to H.R.
3964 printed in part B of 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 part B of
this report. 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 H.R. 2954, 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 to H.R. 2954 made in order as
original text, includes a waiver of clause 7 of rule XVI, which
requires that no motion or proposition on a subject different
from that under consideration shall be admitted under color of
amendment.
Although the resolution waives all points of order against
the amendments printed in part A of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
The waiver of all points of order against consideration of
H.R. 3964 includes a waiver of section 303 of the Congressional
Budget Act of 1974, which prohibits consideration of
legislation providing new budget authority, change in revenues,
change in public debt, new entitlement authority, or new credit
authority for a fiscal year until the budget resolution for
that year has been agreed to and section 311 of the
Congressional Budget Act of 1974, which prohibits consideration
of legislation that would cause the level of total new budget
authority for the first fiscal year to be exceeded, or would
cause revenues to be less than the level of total revenues for
the first fiscal year or for the total of that first fiscal
year and the ensuing fiscal years for which allocations are
provided. While the bill reduces net spending by $189 million
over 10 years and the deficit by $162 million, the bill also
reduces revenues over the same period.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 3964 made
in order as original text, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of 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. 107
Motion by Ms. Foxx to report the rule. Adopted: 9-3.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter.....................
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS TO H.R. 2954 IN PART A
MADE IN ORDER
1. Grijalva (AZ): Strikes the restriction on federal land
acquisition. (10 minutes)
2. Lummis (WY), Labrador (ID): Conforms with Senate changes
to FLPMA, allows the Secretary to consolidate environmental
reviews, clarifies the definition of current grazing
management, and ensures a timely response for temporary
trailing and crossing applications. (10 minutes)
3. Labrador (ID): Requires the non-prevailing, not directly
affected party in a challenge to the Secretary's final grazing
decision to pay the directly affected prevailing party incurred
fees and expenses, and clarifies the definition of a directly
affected party. (10 minutes)
4. McClintock (CA): Amends Title IX of the bill to allow
the Forest Service added flexibility to implement a salvage
logging plan on lands affected by the Rim Fire while protecting
sensitive areas and maximizing revenue to fund reforestation.
(10 minutes)
5. Young, Don (AK): Would approve an Alaska Native Veterans
land allotment application and convey the land associated with
the application. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 3964 IN PART B
MADE IN ORDER
1. Napolitano (CA): Removes the subsidy to agricultural
loans and require that interest be repaid on the capital costs
of a project. Currently, agriculture has 40 years to repay
capital cost, interest free. Other constituencies, such as
municipal entities, are required by law to pay interest. (10
minutes)
2. Matsui (CA): Section 107 will not suspend ``b2'' water
(800,000 acre feet) that was allocated in the 1992 Central
Valley Project Improvement Act. Senior water rights holders in
the Delta or north of Delta shall not be responsible for the
project yield allocation or B2 water. (10 minutes)
3. Bera (CA), McNerney (CA), Thompson, Mike (CA), Matsui
(CA), Garamendi (CA), Swalwell (CA): Delays implementation of
the act until it is determined that it will not have a negative
impact on the quantity, quality, and safety of drinking water
in the California Delta region. (10 minutes)
4. Capps (CA): Requires GAO to conduct a study on the
resiliency and adaptability of all Bureau of Reclamation
projects and facilities to any ongoing or forecasted changes to
the quality, quantity, or reliability of water resources. (10
minutes)
5. DeFazio (OR), Huffman (CA), DelBene (WA), Speier (CA),
Thompson, Mike (CA): Establishes the Governor of California's
emergency drought declaration, issued January 17, 2014, as a
formal request to the Secretary of Commerce to issue a
determination, using her authority under Section 312 of the
Magnuson-Stevens Act, that a fishery resource disaster has
occurred for fisheries that originate in the State of
California. (10 minutes)
6. Huffman (CA): Prevents provisions of the bill from
taking effect until it has been determined that it will not
interfere with the State of California's Delta and water
management reform and funding Acts of 2009, including SB7x-1,
SB7x-2, SB7x-6, and SB7x-7. (10 minutes)
7. McNerney (CA): Prevents several provisions of the Act
from taking effect until it is determined that it will not harm
water quality or water availability for agricultural producers
in California's Delta region (Contra Costa, Sacramento, San
Joaquin, Solano, and Yolo Counties). (10 minutes)
8. Peters, Scott (CA): Stipulates that the bill cannot go
into effect until the Secretary confirms that the act does not
adversely affect any community's water supply or water budget.
(10 minutes)
PART A--TEXT OF AMENDMENTS TO H.R. 2954 MADE IN ORDER
1. An Amendment To Be Offered by Representative Grijalva of Arizona or
His Designee, Debatable for 10 Minutes
Strike title IV.
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2. An Amendment To Be Offered by Representative Lummis of Wyoming or
Her Designee, Debatable for 10 Minutes
Page 17, strike lines 3 through 12.
Page 17, line 13, strike ``(3)'' and insert ``(2)''.
Page 17, line 14, strike ``subsection'' and insert
``subsections''.
Page 17, line 17, after ``decision'' insert ``concerning
renewal, transfer or reissuance of a grazing permit or lease''.
Page 17, line 18, before the first period insert ``or appeal
officer as applicable''.
Page 18, strike lines 7 through 10 and insert ``existing
permit or lease.''.
Page 20, line 15, after ``the'' insert ``applicable''.
Page 20, line 15, strike ``and'' and insert ``or''.
Page 20, strike line 22 through page 21, line 4, and insert
the following:
``(g) Environmental Reviews.--
``(1) The Secretary concerned, in the sole discretion
of the Secretary concerned, shall determine the
priority and timing for completing required
environmental reviews regarding any grazing allotment,
permit, or lease based on the environmental
significance of the allotment, permit, or lease and
available funding for that purpose.
``(2) The Secretary concerned shall seek to conduct
environmental reviews on an allotment or multiple
allotment basis, to the extent practicable, for
purposes of compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
applicable laws.
Page 21, line 12, after the first period, insert the
following:
``(i) Temporary Trailing and Crossing.--
``(1) Any application for temporary trailing or
crossing that has been submitted in a timely manner or
not less than 30 days prior to the anticipated trailing
or crossing shall be granted, modified or denied not
less than fifteen days prior to the date of requested
crossing or trailing. The minimum times specified in
this subsection shall not preclude the approval of an
application in a shorter time where an immediate need
exists.
``(2) Temporary trailing or crossing authorizations
across lands administered by the Bureau of Land
Management or the Forest Service system of lands shall
not be subject to protest or appeal except by the
applicant or an affected permittee or lessee.
----------
3. An Amendment To Be Offered by Representative Labrador of Idaho or
His Designee, Debatable for 10 Minutes
Page 17, line 18, after the first period, insert the
following:
``(j) Legal Fees.--
``(1) Any person, other than a directly affected
party, challenging an action of the Secretary concerned
regarding a final grazing decision in Federal court who
is not a prevailing party shall pay to the prevailing
parties (including a directly affected party who
intervenes in such suit) fees and other expenses
incurred by that party in connection with the challenge
unless the Court finds that the position of the person
was substantially justified.
``(2) For purposes of this subsection, the term
``directly affected party'' means any applicant,
permittee, or lessee (or any organization representing
applicants, permittees or lessees) whose interest in
grazing livestock is directly affected by the final
grazing decision.''.
----------
4. An Amendment To Be Offered by Representative McClintock of
California or His Designee, Debatable for 10 Minutes
Strike title IX and insert the following new title:
TITLE IX--RIM FIRE EMERGENCY SALVAGE ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Rim Fire Emergency Salvage
Act''.
SEC. 902. EXPEDITED FOREST SERVICE TIMBER SALVAGE AND RESTORATION PILOT
PROJECTS IN RESPONSE TO THE CALIFORNIA RIM FIRE.
(a) Pilot Projects Required.--As part of the restoration and
rehabilitation activities undertaken on the lands within the
Stanislaus National Forest adversely impacted by the 2013 Rim
Fire in California, the Secretary of Agriculture shall conduct
a timber salvage and restoration pilot project on burned
National Forest System land within the Rim Fire perimeter.
(b) Management Plan.--
(1) Use of eis proposed alternative.--The Secretary
of Agriculture shall conduct the pilot project required
by subsection (a) in the manner provided in the
proposed alternative contained in the draft
environmental impact statement noticed in the Federal
Register on December 6, 2013, for Rim Fire recovery.
(2) Modification.--During the course of the pilot
project, the Secretary may adopt such modifications to
the management plan as the Secretary considers
appropriate in response to public comment and
consultation with interested Federal, State, and tribal
agencies.
(c) Legal Sufficiency.--The pilot project required by
subsection (a), and activities conducted under the pilot
project, are deemed to be in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
section 14 of the National Forest Management Act of 1976 (16
U.S.C. 472a), the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(d) Administrative and Judicial Review and Action.--The pilot
project required by subsection (a), and activities conducted
under the pilot project, are not subject to--
(1) administrative review;
(2) judicial review by any court of the United
States; or
(3) a temporary restraining order or preliminary
injunction based on environmental impacts in a case for
which a final decision has not been issued.
SEC. 903. SENSE OF CONGRESS REGARDING USE OF FUNDS GENERATED FROM
SALVAGE SALES CONDUCTED AFTER CATASTROPHIC WILD
FIRES ON NATIONAL FOREST SYSTEM LAND OR BUREAU OF
LAND MANAGEMENT LANDS.
It is the sense of Congress that the Secretary of
Agriculture, with respect to National Forest System lands, and
the Secretary of the Interior, with respect to Bureau of Land
Management land, should use existing authorities available to
the Secretary to retain revenues (other than revenues required
to be deposited in the general fund of the Treasury) generated
by salvage sales conducted in response to catastrophic wild
fires on such land to cover the cost of restoration projects on
such land.
----------
5. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE XI--ALASKA NATIVE VETERAN ALLOTMENT
SEC. 1101. ALASKA NATIVE VETERAN ALLOTMENT.
(a) Definitions.--In this section:
(1) Application.--The term ``application'' means the
Alaska Native Veteran Allotment application numbered
AA-084021-B.
(2) Federal land.--The term ``Federal land'' means
the 80 acres of Federal land that is--
(A) described in the application; and
(B) depicted as Lot 2 in U.S. Survey No.
13957, Alaska, that was officially filed on
October 9, 2009.
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(b) Issuance of Patent.--Notwithstanding section 41 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1629g) and
subject to subsection (c), the Secretary shall--
(1) approve the application; and
(2) issue a patent for the Federal land to the person
that submitted the application.
(c) Terms and Conditions.--
(1) In general.--The patent issued under subsection
(b) shall--
(A) only be for the surface rights to the
Federal land; and
(B) be subject to the terms and conditions of
any certificate issued under section 41 of the
Alaska Native Claims Settlement Act (43 U.S.C.
1629g), including terms and conditions
providing that--
(i) the patent is subject to valid
existing rights, including any right of
the United States to income derived,
directly or indirectly, from a lease,
license, permit, right-of-way, or
easement on the Federal land; and
(ii) the United States shall reserve
an interest in deposits of oil, gas,
and coal on the Federal land, including
the right to explore, mine, and remove
the minerals on portions of the Federal
land that the Secretary determines to
be prospectively valuable for
development.
(2) Additional terms and conditions.--The Secretary
may require any additional terms and conditions for the
issuance of the patent under subsection (a) that the
Secretary determines to be appropriate to protect the
interests of the United States.
PART B--TEXT OF AMENDMENTS TO H.R. 3964 MADE IN ORDER
1. An Amendment To Be Offered by Representative Napolitano of
California or Her Designee, Debatable for 10 Minutes
Page 4, line 24, after the first period, insert the
following: ``Charges for all delivered water shall include
interest, as determined by the Secretary of the Treasury, on
the basis of average market yields on outstanding marketable
obligations of the United States with the remaining periods of
maturity comparable to the applicable reimbursement period of
the project, adjusted to the nearest 1/8 of 1 percent on the
underpaid balance of the allocable project cost.''.
----------
2. An Amendment To Be Offered by Representative Matsui of California or
Her Designee, Debatable for 10 Minutes
Page 18, line 24, strike ``shall be'' and all that follows
through the first period on page 19, line 2, and insert the
following: ``shall not be suspended, but rather shall continue
to be the responsibility of south of Delta CVP contractors.''.
----------
3. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 504. PROTECTIONS FOR DELTA COUNTIES.
This Act and the amendments made by this Act shall not have a
harmful effect on the quality, quantity, or safety of drinking
water supplies for residents of the five Delta Counties (Contra
Costa County, Sacramento County, San Joaquin County, Solano
County, and Yolo County, California).
----------
4. An Amendment To Be Offered by Representative Capps of California or
Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 504. STUDY ON WATER RESOURCES.
Not later than one year after the date of enactment of this
Act, the Comptroller General of the United States shall conduct
a study and submit a report to the Congress on the resiliency
and adaptability of all Bureau of Reclamation projects and
facilities in California to any ongoing or forecasted changes
to the quality, quantity, or reliability of water resources.
The study shall include recommendations on how to strengthen
the resiliency and adaptability of the Bureau's projects and
facilities in California.
----------
5. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
Add at the end of the bill, the following:
SEC. 504. FISHERIES DISASTER DECLARATION.
The Proclamation of State Emergency and associated Executive
Order issued by Governor Edmund G. Brown, Jr. on January 17,
2014, shall be considered a request by the Governor for
purposes of section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a) to determine
that a fishery resource disaster exists for fisheries that
originate in the State of California.
----------
6. An Amendment To Be Offered by Representative Huffman of California
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 504. STATE OF CALIFORNIA WATER REFORM LAWS.
Nothing in this Act or the amendments made by this Act shall
interfere with the State of California's Delta and water
management reform and funding bills of 2009, including SB7x-1,
SB7x-2, SB7x-6, and SB7x-7.
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7. An Amendment To Be Offered by Representative McNerney of California
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 504. EFFECTIVE DATE CONDITIONS.
Nothing in this Act shall take effect until the Secretary of
the Interior, in consultation with the Secretary of
Agriculture, determines that carrying out this Act and the
amendments made by this Act shall not have a harmful effect on
water quality or water availability for agricultural producers
in the five Delta Counties (Contra Costa County, Sacramento
County, San Joaquin County, Solano County, and Yolo County,
California).
----------
8. An Amendment To Be Offered by Representative Peters of California or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following (and conform the
table of contents accordingly):
SEC. 504. COMMUNITY WATER SUPPLIES AND WATER BUDGETS NOT ADVERSELY
AFFECTED.
This Act and the amendments made by this Act shall not
adversely affect any community's water supply or water budget
for future years, taking into account predicted dry years. For
the purpose of this section, the term ``water budget'' means an
accounting of the rates of water movement and the change in
water storage in all or parts of the atmosphere, land surface,
and subsurface of an area.