[House Report 112-660]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-660
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5544) TO AUTHORIZE AND
EXPEDITE A LAND EXCHANGE INVOLVING NATIONAL FOREST SYSTEM LAND IN THE
LAURENTIAN DISTRICT OF THE SUPERIOR NATIONAL FOREST AND CERTAIN OTHER
NATIONAL FOREST SYSTEM LAND IN THE STATE OF MINNESOTA THAT HAS LIMITED
RECREATIONAL AND CONSERVATION RESOURCES AND LANDS OWNED BY THE STATE OF
MINNESOTA IN TRUST FOR THE PUBLIC SCHOOL SYSTEM THAT ARE LARGELY
SCATTERED IN CHECKERBOARD FASHION WITHIN THE BOUNDARY WATERS CANOE AREA
WILDERNESS AND HAVE IMPORTANT RECREATIONAL, SCENIC, AND CONSERVATION
RESOURCES, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 5949) TO EXTEND THE FISA AMENDMENTS ACT OF 2008 FOR FIVE
YEARS
_______
September 10, 2012.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Nugent, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 773]
The Committee on Rules, having had under consideration
House Resolution 773, by a record vote of 8 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. 5544, the
Minnesota Education Investment and Employment 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 provides that an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 112-30, as modified by the amendment printed in
Part A of this report, shall be considered as adopted. The
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution makes in order only those further
amendments 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.
Section 2 of the resolution provides for consideration of
H.R. 5949, the FISA Amendments Act Reauthorization Act of 2012,
under a closed rule. The resolution provides one hour of
debate, with 40 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on the
Judiciary and 20 minutes equally divided and controlled by the
chair and ranking minority member of the Permanent Select
Committee on Intelligence. The resolution waives all points of
order against consideration of the bill. The resolution
provides that the amendment in the nature of a substitute
recommended by the Committee on the Judiciary now printed in
the bill shall be considered as adopted. The bill, as amended,
shall be considered as read. The resolution waives all points
of order against provisions in the bill, as amended. The
resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
If H.R. 5544 is considered in the House before Wednesday,
September 12, 2012, the waiver of all points of order against
consideration of the bill will include a waiver of clause 4(a)
of rule XIII, requiring the three day layover of the committee
report. While the text of Rules Committee Print 112-30 is
identical to the text of the bill as ordered reported by the
Committee on Natural Resources and has been available since
Wednesday, September 5, 2012, the Committee on Natural
Resources was not able to file its report until September 10,
2012 when the House came back into session following the August
District Work Period.
Although the resolution waives all points of order against
provisions in H.R. 5544, as amended, 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 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.R. 5949, 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 of H.R. 5949, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
It is important to note that the estimate provided by the
Congressional Budget Office (CBO) to the Permanent Select
Committee on Intelligence and the Committee on the Budget for
H.R. 5949 is incomplete due to the fact that CBO does not
provide cost estimates for classified programs. Because the
estimate is incomplete, the Chairman of the Committee on the
Budget is unable to accurately advise the Chair on budget
related points of order.
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. 347
Motion by Mr. Sessions to report the rule. Adopted: 8-3.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Yea Mr. McGovern...................... Nay
Ms. Foxx........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Bishop of Utah.............................. Yea Mr. Polis......................... Nay
Mr. Woodall..................................... Yea
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED
Hastings, Doc (WA): Manager's Amendment. Would make
technical changes to correct a direct spending issue with the
bill. Would ensure that the State school trust lands located
within the Boundary Waters Canoe Area Wilderness traded for
equal-value federal lands within the Superior National Forest
are not used to calculate payments to certain countries under
the Thye-Blatnik and the Humphrey-Thye-Blatnik-Andresen Acts.
SUMMARY OF THE AMENDMENTS TO H.R. 5544 IN PART B MADE IN ORDER
1. McCollum (MN): Would ensure tribal treaty rights are
preserved and tribes are consulted. (10 minutes)
2. Holt (NJ): Would restore public participation in
development of this proposed land exchange, which is prohibited
under H.R. 5544. (10 minutes)
3. Ellison (MN): Would ensure that no National Forest
System lands shall be included in the exchange where the
inclusion or use of the lands is likely to have a negative
impact on private property, property values, and small
businesses. (10 minutes)
4. Grijalva, Raul (AZ): Would strike the unusual appraisal
language from H.R. 5544 and replace it with standard appraisal
provisions used in federal land exchanges. (10 minutes)
PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED
At the end of section 2(f) (page 6, after line 13), add the
following new paragraph:
(3) Thye-blatnik act.--The Secretary shall not take
into consideration the lands acquired by the United
States under this Act in determining the appraised
value of National Forest System lands in the State of
Minnesota used for purposes of making payments to the
State of Minnesota under the Act of June 22, 1948, and
the Act of June 22, 1956 (commonly known as the Thye-
Blatnik Act and Humphrey-Thye-Blatnik-Andresen Act; 16
U.S.C. 577c through 577h).
----------
PART B--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative McCollum of Minnesota
or Her Designee, Debatable for 10 Minutes
In section 2(a) (page 3, after line 2), insert the following
new paragraph (and redesignate the subsequent paragraph
accordingly):
(7) The proposed land exchanged would include land
ceded or sold in the Treaty with the Chippewa of 1854,
in which the signatory tribes reserved hunting,
fishing, and gathering rights on the land ceded.
Federal courts have affirmed the continuing existence
of those rights. The Secretary of Agriculture shall
consult on a government-to-government basis with
potentially affected Indian tribes and ensure that the
land exchange does not impinge upon treaty rights.
In section 2(e)(1)(B)(i) (page 5, line 7), strike ``fishing
and hunting rights'' and insert ``fishing, hunting, and
gathering rights''.
In section 2(e)(2) (page 5, line 22), insert ``gathering,''
after ``fishing,''.
In section 2(f) (page 6, after line 13), add the following
new paragraph:
(3) No impact on treaty rights.--Nothing in this Act
shall limit, alter, restrict, or abrogate, or be
construed to have such effect, on rights to hunt, fish,
and gather as reserved in Article 11 of the Treaty of
September 30, 1854 (10 Stat. 1109).
----------
2. An Amendment To Be Offered By Representative Holt of New Jersey or
His Designee, Debatable for 10 Minutes
In section 2(b) (page 3, line 12), strike ``shall'' and
insert ``may''.
In section 2(f) (page 6, beginning line 3), strike ``Relation
to Other Laws.--'', ``(1)'', and paragraph (2) relating to an
exception from NEPA requirements.
----------
3. An Amendment To Be Offered by Representative Ellison of Minnesota or
His Designee, Debatable for 10 Minutes
In section 2, insert after subsection (b) the following new
subsection (and redesignate subsequent subsections
accordingly):
(c) Protecting Private Property and Small Businesses Within
and Adjacent to Superior National Forest.--In determining which
National Forest System land to exchange under subsection (b),
the Secretary shall not include a parcel of National Forest
System land in the exchange if the Secretary determines that
the inclusion of the parcel or subsequent use of the parcel is
likely to have a negative impact on private property, private
property values, or small businesses.
----------
4. An Amendment To Be Offered by Representative Grijalva of Arizona or
His Designee, Debatable for 10 Minutes
In section 2, strike subsection (c) (page 3, beginning line
21) and insert the following new subsection:
(c) Valuation of Lands for Exchange.--
(1) Equal value exchange required.--The fair market
value of the land to be exchanged under subsection (b)
shall be equal.
(2) Appraisal to determine fair market value of
federal land.--The Secretary shall determine the fair
market value of the National Forest System land to be
conveyed under subsection (b)--
(A) in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.); and
(B) based on an appraisal that is conducted
in accordance with nationally recognized
appraisal standards, including the Uniform
Appraisal Standards for Federal Land
Acquisition and the Uniform Standards of
Professional Appraisal Practice.