[House Report 114-375]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-375
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2130) TO PROVIDE LEGAL
CERTAINTY TO PROPERTY OWNERS ALONG THE RED RIVER IN TEXAS, AND FOR
OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND
THE RULES
_______
December 8, 2015.--Referred to the House Calendar and ordered to be
printed
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Mr. Newhouse, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 556]
The Committee on Rules, having had under consideration
House Resolution 556, by a nonrecord vote, 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. 2130, the
Red River Private Property Protection 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 the amendment in the nature of a
substitute recommended by the Committee on Natural Resources
now printed in the bill 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 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. The
resolution provides one motion to recommit with or without
instructions.
Section 2 of the resolution provides that it shall be in
order at any time through the calendar day of December 13,
2015, for the Speaker to entertain motions that the House
suspend the rules and that the Speaker or his designee shall
consult with the Minority Leader or her designee on the
designation of any matter for consideration pursuant to this
section.
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 of all points of order prophylactic
in nature.
Although the resolution waives all points of order against
provisions in the amendment in the nature of a substitute 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
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. 129
Motion by Ms. Slaughter to provide that the Committee add a
section to the rule that provides for the consideration of H.R.
1076, the Denying Firearms and Explosives to Dangerous
Terrorists Act of 2015, under an open rule. Defeated: 4-9
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... Nay
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Bishop, Rob (UT): MANAGER'S Ensures that nothing in the
bill would create or reinstate a tribal reservation or any
portion of a tribal reservation; ensures that nothing in the
bill will alter the valid rights of the Kiowa, Comanche, and
Apache Nations to the mineral interest trust fund created
pursuant to the Act of June 12, 1926; allows for the affected
federally recognized Indian tribes to be a part of the survey
process; and allows for further judicial review after the
administrative appeals process for landowners. (10 minutes)
2. Cole (OK): Ensures the bill preserves past and current
surface and mineral rights for affected Indian tribes. (10
minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Bishop of Utah or His
Designee, Debatable for 10 Minutes
Page 5, line 12, insert ``and seek further judicial review''
after ``appeal''.
Page 5, line 18, strike ``Not'' and insert the following:
(a) Appeal to Administrative Law Judge.--Not
Page 5, after line 23, insert the following:
(b) Further Judicial Review.--
(1) In general.--A landowner who filed an appeal
under subsection (a) and is adversely affected by the
final decision may, not later than 120 days after the
date of the final decision, file a civil action in the
United States district court for the district----
(A) in which the person resides; or
(B) in which the affected area is located.
(2) Standard of review.--The district court may
review the case de novo and may enter a judgment
enforcing, modifying, and enforcing as so modified, or
setting aside in whole or in part, the decision of the
administrative law judge.
Page 6, line 8, insert ``or further judicial review'' after
``appeal''.
Page 6, line 9, insert ``or judicial review'' after
``appeal''.
Page 6, line 11, insert ``or judicial review'' after
``appeal''.
Page 6, line 20, insert ``or judicial review'' after
``appeal''.
Page 6, line 21, insert ``or further judicial review'' after
``appeal''.
Page 6, line 23, insert ``or judicial reviews'' after
``appeals''.
Page 6, line 25, insert ``or further judicial review'' after
``appeal''.
Page 9, line 14, insert ``or further judicial review'' after
``appeal''.
Page 11, after line 20, insert the following:
(d) Tribal Reservations.--Nothing in this Act shall be
construed to create or reinstate a tribal reservation or any
portion of a tribal reservation.
(e) Tribal Mineral Interests.--Nothing in this Act shall be
construed to alter the valid rights of the Kiowa, Comanche, and
Apache Nations to the mineral interest trust fund created
pursuant to the Act of June 12, 1926.
Insert ``and each affected federally recognized Indian
tribe'' after ``Oklahoma Commissioners of the Land Office''
each place it appears.
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2. An Amendment To Be Offered by Representative Cole of Oklahoma or His
Designee, Debatable for 10 Minutes
Page 6, line 13, strike ``landowners'' and insert ``federally
recognized Indian tribes with jurisdiction over lands''.
Page 7, lines 8 and 9, strike ``or deed or color of title''.
Page 7, line 11, strike ``$1.25'' and insert ``fair market
value''.
Page 8, after line 7, insert the following (and redesignate
the subsequent clauses accordingly):
(i) the federally recognized Indian
tribes holding reservation or allotment
land on June 5, 1906, with the first
right of refusal;
Page 8, line 9, strike ``first'' and insert ``second''.
Page 8, line 13, strike ``second'' and insert ``third''.
Page 8, line 15, strike ``third'' and insert ``fourth''.
Page 8, line 18, strike ``fourth'' and insert ``fifth''
Page 8, after line 22, insert the following (and redesignate
the subsequent clauses accordingly):
(i) the federally recognized Indian
tribes holding reservation or allotment
land on June 5, 1906, with the first
right of refusal;
Page 8, line 24, strike ``first'' and insert ``second''.
Page 9, line 3, strike ``second'' and insert ``third''.
Page 9, line 5, strike ``third'' and insert ``fourth''.
Page 9, line 8, strike ``fourth'' and insert ``fifth''
Page 11, after line 20, insert the following:
(d) Tribal Allotments.--Nothing in this Act shall be
construed to alter the present median line of the Red River as
it relates to the surface or mineral interests of tribal
allottees north of the present median line.
[all]