[DOCID: f:hr573.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-573
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2016) TO ESTABLISH THE
NATIONAL LANDSCAPE CONSERVATION SYSTEM, AND FOR OTHER PURPOSES
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April 8, 2008.--Referred to the House Calendar and ordered to be
printed
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Mr. Hastings, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1084]
The Committee on Rules, having had under consideration
House Resolution 1084, by a non-record 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. 2016, the
National Landscape Conservation System Act, under a structured
rule. The rule provides one hour of general debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on Natural Resources. The rule waives
all points of order against consideration of the bill except
clauses 9 and 10 of rule XXI. The rule provides that the
amendment in the nature of a substitute recommended by the
Committee on Natural Resources now printed in the bill shall be
considered as an original bill for the purpose of amendment and
shall be considered as read. The rule waives all points of
order against the amendment in the nature of a substitute
except for clause 10 of rule XXI. This waiver does not affect
the point of order available under clause 9 of rule XXI
(regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order 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 a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and all points of order against the amendment in the
nature of a substitute (except for clause 10 of rule XXI), the
Committee is not aware of any points of order. The waivers of
all points of order are prophylactic.
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. 461
Date: April 8, 2008.
Measure: H.R. 2016.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for two amendments, separately debatable, by Rep.
Bishop, Rob (UT), #15, providing that inclusion in the National
Landscape Conservation System shall not hinder border security,
and by Rep. Bishop, Rob (UT), #19, which provides that
inclusion in the National Landscape Conservation System shall
not hinder border security or enforcement of illegal
immigration.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Hastings
(WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 462
Date: April 8, 2008.
Measure: H.R. 2016.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for three amendments, separately debatable, by Rep.
Bishop, Rob (UT), #17, which ensures that the National
Landscape Conservation System will be managed so as to ensure
no net loss of firearm shooting ranges and off-range shooting
opportunities within the System, #21 by Rep. Bishop, Rob (UT)
which directs the Secretary of the Interior to ensure that
hunting, fishing, recreational shooting and other existing uses
remain a purpose and use of Bureau of Land Management lands
included in the National Landscape Conservation System, and #25
by Rep. Bishop, Rob (UT), which provides that hunting, fishing,
and trapping shall be permitted to the maximum extent
practicable on federal lands within the National Landscape
Conservation System and requires in an emergency situation
consultation with State fish and wildlife agencies before
putting into effect any regulations in these areas.
Results: Defeated 1-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Hastings
(WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 463
Date: April 8, 2008.
Measure: H.R. 2016.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for three amendments, separately debatable, by Rep.
Cannon (UT) #7, which directs the Secretary of the Interior not
to include any counties in the National Landscape Conservation
System if the county formally asks not to be included, an
amendment by Rep. Bishop, Rob (UT), #9, which provides that
Bureau of Land Management lands not included in the National
Landscape Conservation System revert back to the State in which
they are located, and an amendment by Rep. Bishop, Rob (UT),
#22, which provides that all resident fish and wildlife in the
National Landscape Conservation System are managed by State and
local fish and game officials under State and local laws.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--
Yea; Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 464
Date: April 8, 2008.
Measure: H.R. 2016.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Flake (AZ), #6, which provides
that the codification of this National Landscape Conservation
System does not authorize additional appropriations for the
System.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--
Yea; Hastings (WA)--Yea; Slaughter--Nay.
Rules Committee record vote No. 465.
Date: April 8, 2008.
Measure: H.R. 2016.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Fossella (NY), #27, which adds
a new title at the end of the bill consisting of the text of
the Senate version of the Foreign Intelligence Surveillance
Act.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Dreier--
Yea; Hastings (WA)--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Grijalva (AZ): The amendment reiterates that nothing in
the bill shall impede efforts by the Department of Homeland
Security to secure the borders of the United States. (10
minutes)
2. Cannon (UT): The amendment provides that the National
Landscape Conservation System Act does not create an
independent federal legal cause of action based on inclusion in
the System. (10 minutes)
3. Bishop, Rob (UT): The amendment strikes the preamble to
the establishment of the National Landscape Conservation
System. (10 minutes)
4. Bishop, Rob (UT): The amendment strikes Section 3(c)(2)
and inserts language directing the Interior Secretary to manage
the system in accordance with each applicable law (including
regulations) relating to each component of the system included
under subsection (b). (10 minutes)
5. Bishop, Rob (UT): The amendment provides that inclusion
in the National Landscape Conservation System does not
additionally restrict or hinder energy development within the
System. (10 minutes)
6. Altmire (PA)/Carney (PA): The amendment provides that
the bill does not in any way limit access for hunting, fishing,
trapping or recreational shooting on the 27 million acres
administered by the Bureau of Land Management. It also provides
that H.R. 2016 does not in any way infringe on a state's right
to manage, control or regulate its hunting, fishing, trapping
and recreational shooting activities on these lands. (10
minutes)
7. Pearce (NM): The amendment provides that inclusion in
the National Landscape Conservation System does not affect
existing grazing rights or operations on those Bureau of Land
Management lands. (10 minutes)
8. Walden (OR): The amendment strikes the Steens Mountain
Cooperative Management and Protection Act of 2000 (PL 106-399)
from the bill. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Grijalva of Arizona, or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 5. BORDER SECURITY.
Nothing in this Act shall impede any efforts by the
Department of Homeland Security to secure the borders of the
United States.
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2. An Amendment To Be Offered by Representative Cannon of Utah, or His
Designee, Debatable for 10 Minutes
Page 4, at the end of line 23, insert the following: ``In
addition, nothing in this Act creates a Federal cause of action
based on inclusion within the National Landscape Conservation
System.''.
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3. An Amendment To Be Offered by Representative Bishop of Utah, or His
Designee, Debatable for 10 Minutes
Page 2, strike line 15 and all that follows through page 3,
line 2, and insert the following:
(a) Establishment.--There is established in the Bureau of
Land Management the National Landscape Conservation System.
----------
4. An Amendment To Be Offered by Representative Bishop of Utah, or His
Designee, Debatable for 10 Minutes
Page 4, strike lines 5 through 11, and insert the following:
(c) Management.--The Secretary shall manage the system in
accordance with each applicable law (including regulations)
relating to each component of the system included under
subsection (b).
----------
5. An Amendment To Be Offered by Representative Bishop of Utah, or His
Designee, Debatable for 10 Minutes
Page 4, at the end of line 23, insert the following:
``Moreover, nothing in this Act is intended to additionally
restrict or hinder energy development within the system.''.
----------
6. An Amendment To Be Offered by Representative Altmire of
Pennsylvania, or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
Nothing in this Act shall be construed as affecting the
authority, jurisdiction, or responsibility of the several
States to manage, control, or regulate fish and resident
wildlife under State law or regulations, including the
regulation of hunting, fishing, trapping, and recreational
shooting on public land managed by the Bureau of Land
Management. Nothing in this Act shall be construed as limiting
access for hunting, fishing, trapping, or recreational
shooting.
----------
7. An Amendment To Be Offered by Representative Pearle of New Mexico,
or His Designee, Debatable for 10 Minutes
Page 4, at the end of line 23, insert the following:
``Specifically, inclusion in the National Landscape
Conservation System shall not affect current grazing rights or
operations.''.
----------
8. An Amendment To Be Offered by Representative Walden of Oregon, or
His Designee, Debatable for 10 Minutes
Page 3, strike lines 19 through 23.
Page 3, line 24, strike ``(B)'' and insert ``(A)''.
Page 4, line 1, strike ``(C)'' and insert ``(B)''.
Page 4, line 3, strike ``(D)'' and insert ``(C)''.
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