House Report 116-395 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2546) TO DESIGNATE CERTAIN LANDS IN THE STATE OF COLORADO AS COMPONENTS OF THE NATIONAL WILDERNESS PRESERVATION SYSTEM, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 79) REMOVING THE DEADLINE FOR THE RATIFICATION OF THE EQUAL RIGHTS AMENDMENT; AND FOR OTHER PURPOSES

[House Report 116-395]
[From the U.S. Government Publishing Office]

116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-395

======================================================================

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2546) TO DESIGNATE
CERTAIN LANDS IN THE STATE OF COLORADO AS COMPONENTS OF THE NATIONAL
WILDERNESS PRESERVATION SYSTEM, AND FOR OTHER PURPOSES; PROVIDING FOR
CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 79) REMOVING THE
DEADLINE FOR THE RATIFICATION OF THE EQUAL RIGHTS AMENDMENT; AND FOR
OTHER PURPOSES

_______

February 10, 2020.--Referred to the House Calendar and ordered to be
printed

_______

Ms. Scanlon, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 844]

The Committee on Rules, having had under consideration
House Resolution 844, by a record vote of 9 to 4, 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. 2546, the
Colorado Wilderness Act of 2019, under a structured rule. The
resolution provides one hour of general debate on the bill
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 provides that the amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 116-50 shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in H.R. 2546, as
amended. 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. 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. The resolution provides
for consideration of H.J. Res. 79, Removing the deadline for
the ratification of the equal rights amendment, under a closed
rule. The resolution provides one hour of debate on the joint
resolution equally divided and controlled by the chair and
ranking minority member of the Committee on the Judiciary. The
resolution waives all points of order against consideration of
the joint resolution. The resolution provides that the
amendment in the nature of a substitute recommended by the
Committee on the Judiciary now printed in the joint resolution
shall be considered as adopted and the joint resolution, as
amended, shall be considered as read. The resolution waives all
points of order against provisions in the joint resolution, as
amended. The resolution provides one motion to recommit with or
without instructions. The resolution provides that House
Resolution 842 is hereby adopted. Section 4 of the resolution
provides that on any legislative day during the period from
February 14, 2020, through February 24, 2020: the Journal of
the proceedings of the previous day shall be considered as
approved; and the Chair may at any time declare the House
adjourned to meet at a date and time to be announced by the
Chair in declaring the adjournment. Section 5 of the resolution
provides that the Speaker may appoint Members to perform the
duties of the Chair for the duration of the period addressed by
section 4 of the resolution as though under clause 8(a) of rule
I.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
H.R. 2546 includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable electronic
comparative print that shows how the bill proposes to change
current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable electronic
comparative print that shows how the text of the bill as
proposed to be considered differs from the text of the bill as
reported.
The waiver of all points of order against provisions in
H.R. 2546, as amended, includes a waiver of the following:
Clause 4 of rule XXI, which prohibits reporting a
bill carrying an appropriation from a committee not having
jurisdiction to report an appropriation.
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.
Although the resolution waives all points of order against
consideration of H.J. Res. 79, 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
provisions in H.J. Res. 79, as amended, 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. 244

Motion by Mr. Cole to report an open rule for H.R. 2546.
Defeated: 4-9

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 245

Motion by Mr. Woodall to strike Section 3 of the rule.
Defeated: 4-9

Rules Committee record vote No. 246

Motion by Mr. Woodall to amend Section 3 of the rule to
provide for consideration of H. Res. 842 under a closed rule.
Defeated: 4-9

Rules Committee record vote No. 247

Motion by Ms. Scanlon to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Yea Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENTS TO H.R. 2546 MADE IN ORDER

1. DeGette (CO): Makes changes to Title I--Colorado
Wilderness and amounts to an approximate 60,000 acres of
additional wilderness designations under Title I. (10 minutes)
2. McClintock (CA): Delays wilderness designations under
the Act until the affected county formally approves such
designation. (10 minutes)
3. McClintock (CA): Allows the Secretary of Agriculture or
the Secretary of the Interior, as appropriate, to exclude from
wilderness designations under this Act any areas that do not
meet the definition of wilderness in the Wilderness Act. Allows
the same for river segments that do not meet the criteria for
designation under the Wild and Scenic Rivers Act. (10 minutes)
4. Brown (MD): Encourages the Secretary of Interior and
Secretary of Agriculture to ensure servicemember and veteran
access to public lands. (10 minutes)
5. Panetta (CA): States that the Secretary of the Interior
or the Secretary of Agriculture may manage for fire, insects,
and diseases in wilderness areas designated by this Act. (10
minutes)
6. Westerman (AR): Allows the Secretary of Agriculture or
Secretary of the Interior, as appropriate, to exempt from
wilderness designations under the Act any area determined by
the Secretary to be at high risk of wildfire. (10 minutes)
7. Westerman (AR): Strikes all designations of
``potential'' wilderness under the bill. (10 minutes)
8. Cunningham (SC), Tipton (CO): Ensures that military
aircraft overflights, units of special air space, and flight
training routes are allowed over wilderness areas designated by
this Act. (10 minutes)
9. Tipton (CO): Strikes wilderness additions in the 3rd
Congressional District. (10 minutes)
10. Tipton (CO): Requires the Department of Defense to
conduct a study on the impacts that the expansion of wilderness
designations in the Western United States would have on the
readiness of our armed forces with respect to aviation
training. (10 minutes)
11. Kilmer (WA): Clarifies that the Washington State
Department of Natural Resources retains the authority to manage
all lands currently owned by the state of Washington. Directs
the Secretary of Agriculture to satisfy the requirements of
section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)) for new Wild and Scenic Rivers designated on the
Olympic Peninsula through an updated land management plan for
the Olympic National Forest. (10 minutes)
12. Schrier (WA): Requires GAO conduct a study on how the
preservation of wilderness lands can help reduce the risk of
flooding in residential areas. (10 minutes)

TEXT OF AMENDMENTS TO H.R. 2546 MADE IN ORDER

1. An Amendment To Be Offered by Representative DeGette of Colorado or
Her Designee, Debatable for 10 Minutes

Page 10, lines 18 and 19, strike ```Cross Canyon Proposed
Wilderness', dated October 9, 2019'' and insert ```Papoose &
Cross Canyon Proposed Wilderness', and dated January 29,
2020''.
Page 12, after line 13, insert the following:
(20) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management or located in
the San Juan National Forest, which comprise
approximately 10,844 acres, as generally depicted on a
map titled ``North & South Ponderosa Gorge Proposed
Wilderness'', and dated January 31, 2020, which shall
be known as the North Ponderosa Gorge Wilderness.
(21) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management or located in
the San Juan National Forest, which comprise
approximately 12,393 acres, as generally depicted on a
map titled ``North & South Ponderosa Gorge Proposed
Wilderness'', and dated January 31, 2020 which shall be
known as the South Ponderosa Gorge Wilderness.
(22) Certain lands managed by the Little Snake Field
Office of the Bureau of Land Management which comprise
approximately 33,168 acres, as generally depicted on a
map titled ``Diamond Breaks Proposed Wilderness'', and
dated January 31, 2020 which shall be known as the
Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management which comprises
approximately 4,782 acres, as generally depicted on the
map titled ``Papoose & Cross Canyon Proposed
Wilderness'''', and dated January 29, 2020 which shall
be known as the Papoose Canyon Wilderness.
----------

2. An Amendment To Be Offered by Representative McClintock of
California or His Designee, Debatable for 10 Minutes

Page 234, after line 21, insert the following (and
redesignate subsequent provisions accordingly):

TITLE VII--COUNTY APPROVAL OF WILDERNESS DESIGNATIONS

SEC. 701. COUNTY APPROVAL.

No wilderness designation under this Act shall be effective
in any county until the county formally approves such
designation.
----------

3. An Amendment To Be Offered by Representative McClintock of
California or His Designee, Debatable for 10 Minutes

Page 234, after line 21, insert the following (and
redesignate subsequent provisions accordingly):

TITLE VII--PRESERVING WILDERNESS CHARACTER AND WILD AND SCENIC RIVER
CHARACTER

SEC. 701. PRESERVING WILDERNESS AND WILD AND SCENIC RIVER CHARACTER.

(a) Wilderness.--The Secretary of Agriculture or the
Secretary of the Interior, as appropriate, may exempt from any
wilderness designated under this Act any area determined by
that Secretary not to meet the definition of wilderness under
the Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Wild and Scenic Rivers.--The Secretary of Agriculture or
the Secretary of the Interior, as appropriate, may exempt from
any wild and scenic river designated by an amendment in this
Act any area determined by that Secretary not to meet the
qualifications for a wild, scenic, or recreational river under
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
----------

4. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes

At the end of the bill insert the following:

TITLE VIII--MISCELLANEOUS

SEC. 801. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND
SERVICEMEMBERS.

The Secretary of Interior and the Secretary of Agriculture
are encouraged to ensure servicemember and veteran access to
public lands designed by this Act for the purposes of outdoor
recreation and to participate in outdoor-related volunteer and
wellness programs.
----------

5. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes

At the end of the bill insert the following:

TITLE VIII--MISCELLANEOUS

SEC. 801. FIRE, INSECTS, AND DISEASES.

Nothing in this Act may be construed to limit the authority
of the Secretary of the Interior or the Secretary of
Agriculture under section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), in accordance with existing laws (including
regulations).
----------

6. An Amendment To Be Offered by Representative Westerman of Arkansas
or His Designee, Debatable for 10 Minutes

Page 234, after line 21, insert the following (and
redesignate subsequent provisions accordingly):

TITLE VII--PROTECTION FROM HIGH RISK OF WILDFIRE

SEC. 701. PROTECTION FROM HIGH RISK OF WILDFIRE.

The Secretary of Agriculture or the Secretary of the
Interior, as appropriate, may exempt from any wilderness
designated under this Act any area determined by that Secretary
to be at high risk for wildfire.
----------

7. An Amendment To Be Offered by Representative Westerman of Arkansas
or His Designee, Debatable for 10 Minutes

Page 17, strike line 17 and all that follows through page 19,
line 20.
Strike section 233.
Strike section 304.
Strike section 307.
Page 220, strike line 11 and all that follows through page
221, line 2.
----------

8. An Amendment To Be Offered by Representative Cunningham of South
Carolina or His Designee, Debatable for 10 Minutes

At the end of the bill insert the following:

TITLE VIII--MISCELLANEOUS

SEC. 801. MILITARY ACTIVITIES.

Nothing in this Act precludes--
(1) low-level overflights of military aircraft over
wilderness areas;
(2) the designation of new units of special airspace
over wilderness areas; or
(3) the establishment of military flight training
routes over wilderness areas.
----------

9. An Amendment To Be Offered by Representative Tipton of Colorado or
His Designee, Debatable for 10 Minutes

Page 10, strike lines 15 through 20.
Page 11, strike lines 3 through 9.
----------

10. An Amendment To Be Offered by Representative Tipton of Colorado or
His Designee, Debatable for 10 Minutes

After section 105, insert the following:

SEC. 106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION OF
WILDERNESS DESIGNATIONS IN THE WESTERN UNITED
STATES WOULD HAVE ON THE READINESS OF THE ARMED
FORCES OF THE UNITED STATES WITH RESPECT TO
AVIATION TRAINING.

(a) Study Required.--The Secretary of Defense shall conduct a
study on the impacts that the expansion of wilderness
designations in the Western United States would have on the
readiness of the Armed Forces of the United States with respect
to aviation training.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the study required under subsection
(a).
----------

11. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes

Page 223, line 9, strike ``as a recreational river'' and
insert ``to be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e))''.
Page 226, lines 6 and 7, strike ``as a recreational river''
and insert ``to be administered as a recreational river through
a cooperative management agreement between the State of
Washington and the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e))''.
Page 230, lines 7 and 8, strike ``as a scenic river'' and
insert ``to be administered as a scenic river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e))''.
Page 231, lines 5 and 6, strike ``as a recreational river''
and insert ``to be administered as a recreational river through
a cooperative management agreement between the State of
Washington and the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e))''.
On page 233, after line 20, insert the following:
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2),
not later than 3 years after the date of the enactment
of this Act, the Secretary of Agriculture shall, with
respect to the designations made under subsection (a)
on lands under the jurisdiction of the Secretary,
incorporate such designations into updated management
plans for units of the National Forest System in
accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1)
shall be 5 years after the date of the enactment of
this Act if the Secretary of Agriculture--
(A) is unable to meet the requirement under
such paragraph by the date specified in such
paragraph; and
(B) not later than 3 years after the date of
the enactment of this Act, includes in the
Department of Agriculture annual budget
submission to Congress a request for additional
sums as may be necessary to meet the
requirement of such paragraph.
(3) Comprehensive management plan requirements.--
Updated management plans under paragraph (1) or (2)
satisfy the requirements under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
----------

12. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee, Debatable for 10 Minutes

Page 234, after line 21, insert the following (and
redesignate subsequent provisions accordingly):

TITLE VII--STUDY ON FLOOD RISK MITIGATION

SEC. 701. STUDY ON FLOOD RISK MITIGATION.

The Comptroller General shall conduct a study to determine
the contributions of wilderness designations under this Act to
protections to flood risk mitigation in residential areas.

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