3.0.0 922 2020-02-14T19:16:28Z 2020-02-14T19:16:28Z House H HR 2011-03-03 112 [Pages H1576-H1577]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. GOSAR:H.R. 922.Congress has the power to enact this legislation pursuantto the following:It was explained by James Madison, in Federalist No. 45,that the ``powers delegated to Congress in the proposedconstitution to the federal government are few and defined.''Mindful of this admonition, this proposed bill comports withseveral enumerated powers granted to Congress. Congress hasthe power to enact this legislation pursuant to thefollowing: Article I, Section 8, Clause 17: The Congressshall have the power ``[t]o exercise exclusive Legislation inall Cases whatsoever, . . . to exercise like Authority[[Page H1577]]over all Places purchased by the Consent of the Legislatureof the State in which the Same shall be, for the Erection ofForts, Magazines, Arsenals, dock-Yards, and other needfulBuildings.'' Thus, lands purchased and held by the FederalGovernment, are within the exclusive jurisdiction of theFederal Government for purposes of management, control,disposition and if necessary, resolution of issues arisingout of such land use. That being said, nothing herein shallbe deemed an expansion of, or resolution of, the federalgovernment's power to purchase and then hold landindefinitely and in substantial percentages as known in theWestern States if not ``needful'' for federal purposes.Further, the U.S. Supreme Court, in Collins v. YosemitePark & Curry Co., 304 U.S. 518, 529 (U.S. 1938), reasonedthat Clause 17 ``is not the sole authority'' for eitherproperty acquisition or management, as ``[i]t has never beennecessary heretofore for this Court to determine whether ornot the United States has the constitutional right toexercise jurisdiction over territory, within the geographicallimits of a State, acquired for purposes other than thosespecified in Clause 17.''Further, the Constitution's Property Clause, Article IV,Sec. 3, Clause 2, provides that ``Congress shall have thepower to dispose of and make all needful Rules andRegulations respecting the Territory or other Propertybelonging to the United States.'' This Management Clause ascurrently understood conveys the express authority toCongress to address issues and resolve matters involvingFederal Land. Additionally, Article I, Section 8, Clause 18,further provides a constitutional basis for this Act as itconveys the power to Congress to implement its enumeratedpowers (but this clause cannot expand those powers) and``make all Laws which shall be necessary and proper'' forexecuting and implementing enumerated powers.]]> hsba00 Financial Services Committee House Standing hsba04 Housing and Insurance Subcommittee Referred to 2011-04-04T20:47:45Z Referred to 2011-03-03T15:06:15Z hsag00 Agriculture Committee House Standing hsag15 Forestry Subcommittee Referred to 2011-03-22T19:21:48Z Referred to 2011-03-03T15:06:25Z hsii00 Natural Resources Committee House Standing hsii10 Federal Lands Subcommittee Referred to 2011-03-08T20:08:12Z Referred to 2011-03-03T15:06:20Z hspw00 Transportation and Infrastructure Committee House Standing hspw02 Water Resources and Environment Subcommittee Referred to 2011-03-04T21:49:25Z hspw13 Economic Development, Public Buildings, and Emergency Management Subcommittee Referred to 2011-03-04T21:49:07Z Referred to 2011-03-03T15:06:10Z Burn Area Flood Prevention Act of 2011 112 487 S 2011-03-03 Read twice and referred to the Committee on Energy and Natural Resources. Identical bill CRS Text similarities House 2011-04-04 hsba04 Housing and Insurance Subcommittee 1 House committee actions Referred to the Subcommittee on Insurance, Housing and Community Opportunity. Committee 2011-03-22 hsag15 Forestry Subcommittee 1 House committee actions Referred to the Subcommittee on Conservation, Energy, and Forestry. Committee 2011-03-08 hsii10 Federal Lands Subcommittee 1 House committee actions Referred to the Subcommittee on National Parks, Forests and Public Lands. Committee 2011-03-04 hspw02 Water Resources and Environment Subcommittee 1 House committee actions Referred to the Subcommittee on Water Resources and Environment. Committee 2011-03-04 hspw13 Economic Development, Public Buildings, and Emergency Management Subcommittee 1 House committee actions Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management. Committee 2011-03-03 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsag00 Agriculture Committee 2011-03-03 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsii00 Natural Resources Committee 2011-03-03 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsba00 Financial Services Committee 2011-03-03 Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hspw00 Transportation and Infrastructure Committee 2011-03-03 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-03-03 Introduced in House IntroReferral 1000 9 Library of Congress G000565 Rep. Gosar, Paul A. [R-AZ-1] Paul Gosar R AZ A. 1 N Emergency Management Advisory bodies Arizona Disaster relief and insurance Evidence and witnesses Fires Floods and storm protection Forests, forestry, trees Government studies and investigations Indian lands and resources rights Legal fees and court costs Parks, recreation areas, trails Watersheds Wilderness and natural areas, wildlife refuges, wild rivers, habitats Emergency Management 00 2011-03-03 Introduced in House 2011-03-16T12:50:37Z Burn Area Flood Prevention Act of 2011 - Amends the Federal Land Assistance, Management, and Enhancement Act of 2009 to include within the purpose of FLAME Wildlife Suppression Reserve Funds to cover the costs of burn area responses, including flood prevention. Amends the National Flood Insurance Act of 1968 to make the waiting period for coverage under a new contract for flood insurance coverage, and any modification to coverage under an existing flood insurance contract, inapplicable to the initial purchase of flood insurance coverage upon a determination by the Administrator of the Federal Emergency Management Agency (FEMA) that such period should be waived for private property affected by flooding on federal land affected by wildfire.

Establishes the Schultz Fire Flooding Area Task Force. Designates the FEMA Administrator as the Chair of the Task Force. Directs the Task Force to: (1) coordinate the efforts of the entities represented on the Task Force (including FEMA, the Corps of Engineers, the Forest Service, the Natural Resources Conservation Service, the United States Geological Survey [USGS], state and local governments, and community-based organizations and other interested parties) to immediately implement interim flood protection systems, including the retention of water retention basins; (2) identify existing and potential funding, technical assistance, general investigations, and construction of short-term flood protection projects; and (3) carry out a detailed study of the affected area to evaluate the potential of integrating projects and programs of the Corps of Engineers, FEMA, and the Department of Agriculture (USDA) into a comprehensive, long-term flood protection system for the affected area.

Directs the Attorney General to report on court costs and legal fees and expenses awarded in connection with the Jack Smith/Schultz Fuels Reduction Healthy Forest Restoration Project.

]]> Burn Area Flood Prevention Act of 2011 Short Titles as Introduced Burn Area Flood Prevention Act of 2011 Display Title Burn Area Flood Prevention Act of 2011 Official Title as Introduced To ensure that private property, public safety, and human life are protected from flood hazards that directly result from post-fire watershed conditions that are created by wildfires on Federal land. Introduced in House 2011-03-03T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr922ih/xml/BILLS-112hr922ih.xml 2011-04-04 Referred to the Subcommittee on Insurance, Housing and Community Opportunity. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.