[Congressional Record Volume 160, Number 149 (Tuesday, December 9, 2014)]
[House]
[Pages H8886-H8889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALIFORNIA EMERGENCY DROUGHT RELIEF ACT OF 2014
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 5781) to provide short-term water
supplies to drought-stricken California, will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Mr. GEORGE MILLER of California. Mr. Speaker, I have a motion to
recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. GEORGE MILLER of California. Mr. Speaker, I am.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. George Miller of California moves to recommit the bill
H.R. 5781 to the Committee on Natural Resources with
instructions to report the same back to the House forthwith,
with the following amendment:
At the end of the bill, add the following:
TITLE IV--PRESERVING FISHING INDUSTRY JOBS AND THE REGIONAL ECONOMY AND
PROT E C T I N G EXISTING WATER RIGHTS PRIORITIES IN WESTERN STATES AND
TRIBAL SOVEREIGNTY
SEC. 401. PRESERVING FISHING INDUSTRY JOBS AND THE REGIONAL
ECONOMY.
Nothing in this Act shall adversely impact the commercial
or sport fishing industries of California, Oregon, or
Washington or any population of west coast salmon.
SEC. 402. PROTECTING EXISTING WATER RIGHTS PRIORITIES IN
WESTERN STATES.
Provisions in this Act changing the relative priority of
water rights in California shall not create any legal
precedent for any other State.
SEC. 403. PROTECTING TRIBAL SOVEREIGNTY.
Nothing in this Act shall undermine Native American tribal
sovereignty, or reduce the quantity or quality of the water
available to affected Indian tribes.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California is recognized for 5 minutes in support of his motion.
Mr. GEORGE MILLER of California. Mr. Speaker, this is the final
amendment to this bill, which will not kill the bill or send it back to
committee. If adopted, the bill will proceed immediately to final
passage as amended.
[[Page H8887]]
There is no question that the underlying bill is controversial, but
wherever you stand on the goals of this bill, it is clear that it was
not drafted properly. That is no surprise. It was introduced just a
week ago and did not go through the normal legislative process. It did
not receive a hearing or a markup.
On top of that, the sponsors of the bill failed to consult the
interested parties. They didn't consult the fishermen, both commercial
and sports fishermen; duck hunters; and others who are deeply impacted
by this bill, such as the thousands of farmers who are farming hundreds
of thousands of acres and millions of dollars in crops.
They didn't consult the water agencies that are responsible for
delivering safe and clean drinking water to the Western States and to
many in my district. They didn't consult the tribes whose rights may
very well be affected by this legislation. They didn't even consult the
Members of Congress from this great delta, the largest delta of the
Pacific Ocean. They didn't even consult the Members with direct
interest in this legislation.
In fact, it was only when Senator Barbara Boxer insisted that there
be transparency in the process and that we be given copies of the bill
that negotiations were called off and Senator Feinstein said that she
would take up this bill next year under regular order.
Where does that leave us? With a bill intended to help one region of
California at the expense of endangered species that could end up
hurting millions of dollars' worth of commercial fishing interests,
farmers, tribes, and neighboring States.
My amendment would fix that. First, it clarifies that nothing in this
bill would adversely impact the fishing industries in California,
Oregon, or Washington. Without this clarification, the bill would
result in exporting additional water, which would devastate the salmon
population and harm thousands of small businesses and commercial
fishermen.
Second, my bill would clarify that this bill would not create a
precedent of impacting water rights in other States. This bill is a
major rewrite of California's water rights, plain and simple. Most
notably, under existing State water rights, the bill's increased
pumping for the Central Valley Project would require a reduction in
State water project pumping; yet the bill specifically mandates that
the water supply for the State water project cannot be reduced,
contrary to California law.
This will mean that a small subgroup of water users in California
will get a higher priority access to water than they are entitled to
under their contracts.
Finally, my amendment clarifies that the bill protects tribal
sovereignty and won't reduce the quality and quantity of water provided
to the Indian tribes under the Federal Government's tribal trust
obligations.
To give you one example of a tribe that could be harmed by this
legislation, the Hoopa Valley Tribe in Humboldt County is dependent on
water from the Trinity River. Their economy is dependent upon it, their
fisheries are dependent upon it, and the tourism of the tribe is
dependent upon the water of this river.
We already saw this year emergency water releases from the Trinity
River to prevent mass fish kills. If the water is all pumped out of the
dam before then, the problem is there won't be any to help the tribe or
to help other parts of the economy lower in the State.
Truly, the House should reject this radical, ill-conceived bill. At a
minimum, we should pass my amendment that would ensure that the
reckless actions of this bill's sponsors do not result in significant
harm to our tribes, fishermen, and neighboring States.
One of the rationales for passing this bill by the supporters of it
is that this water just flows to the ocean, that is sort of the way God
created the plain; but the fact of the matter is it doesn't just flow
to the ocean.
As it goes to the ocean, as it leaves the Sierra mountains and comes
down the State, it goes past the cities of Sacramento, Concord, and
Pittsburg, where hundreds of thousands of people live and depend upon
it for their drinking water supply--clean water.
It goes past the United States Steel mill that uses and needs clean
water for steel production. It goes past the DuPont chemical facility
that needs clean water for production. It mixes with the saltwater in
the Suisun Marsh which allows fish to survive the difference between
saltwater and freshwater.
It provides all of those kinds of benefits and jobs for hundreds and
thousands of people in the industries that are located in the delta and
that are located there because of the delta.
Finally, if there is no water, it does not flow to the ocean. That
seems to be some kind of indictment against the river systems of
California, that it flows to the ocean. If it doesn't flow to the
ocean, then the salmon can't get out into the bay, they can't get out
into the ocean, and the incoming salmon can't get up to spawn for the
next generation.
What happens when that happens? It means that in Oregon and
Washington, it will affect the runs that come up here and provide for
commercial fishing; that provide for sport fishing; that provide for
recreation; that provide for tourism; that provide revenues to the
States in terms of fishing licenses, revenues to all of the States,
like California. It provides for the wetlands, for duck hunters, and
preserves one of the great byways.
That is not just going to the ocean. That is an incredibly important
water system. A small group of farmers here want to take it all for
themselves.
Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I rise in opposition to the
motion to recommit.
The SPEAKER pro tempore. The gentleman from Washington is recognized
for 5 minutes.
Mr. HASTINGS of Washington. Mr. Speaker, I just simply want to say
that we kind of alluded to California water in just a prior exchange.
Yes, it is complicated, but I want to be very, very specific.
{time} 1315
The bill under consideration today is a short-term fix to something
that needs a long-term fix. And the gentleman made a number of
arguments, but I think the gentleman failed to read the bill because
there are two specific sections in there that are contrary to what he
is asserting would happen. Those are section 203 and section 301.
Let me try to be as concise as I can on what this legislation does
and why it is important to pass it out of this Congress. This
legislation, to cut to the chase, simply says that during rainy
periods--California is getting rain right now. They will probably get
rain for another couple of months, hopefully. During rainy periods,
this legislation simply gives Federal agencies and State agencies the
flexibility to direct water to where it is needed--nothing more. It is
nothing more complicated than that because it doesn't preempt the
Endangered Species Act. It doesn't preempt other environmental laws. It
simply says that when it rains, and we are in rainy season right now,
that we should have the ability to direct that water where it is
needed. That is why this legislation has an expiration date in
September of 2016, to give time for a more comprehensive solution to
this.
So, from my point of view, this motion to recommit is simply a
procedural motion to hopefully stop this process of trying to give
short-term relief to the drought in California. I urge my colleagues to
vote ``no'' on the motion to recommit and to vote ``yes'' on the
underlying legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 182,
nays 228, not voting 24, as follows:
[[Page H8888]]
[Roll No. 552]
YEAS--182
Adams
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Connolly
Conyers
Courtney
Crowley
Cuellar
Davis (CA)
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Pingree (ME)
Pocan
Polis
Price (NC)
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Welch
Wilson (FL)
Yarmuth
NAYS--228
Aderholt
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Byrne
Calvert
Camp
Capito
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Costa
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marino
Massie
Matheson
McAllister
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Reed
Reichert
Renacci
Ribble
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)
NOT VOTING--24
Barber
Campbell
Capuano
Cohen
Cooper
Cummings
Davis, Danny
Duckworth
Graves (MO)
Grijalva
Hall
Jeffries
Labrador
Marchant
McCarthy (NY)
Meng
Miller, Gary
Negrete McLeod
Quigley
Rice (SC)
Rogers (MI)
Shea-Porter
Smith (WA)
Waxman
{time} 1343
Messrs. BENISHEK, SESSIONS, COFFMAN, GINGREY of Georgia, and
BRIDENSTINE changed their vote from ``yea'' to ``nay.''
Mr. LEWIS of Georgia changed his vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. HUFFMAN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 230,
noes 182, not voting 22, as follows:
[Roll No. 553]
AYES--230
Aderholt
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Byrne
Calvert
Camp
Capito
Carter
Cassidy
Chabot
Chaffetz
Clawson (FL)
Coble
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Costa
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Griffin (AR)
Griffith (VA)
Guthrie
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Kelly (PA)
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marino
Massie
Matheson
McAllister
McCarthy (CA)
McCaul
McClintock
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Rahall
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)
NOES--182
Adams
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Connolly
Conyers
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
[[Page H8889]]
Jackson Lee
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Michaud
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Pingree (ME)
Pocan
Polis
Price (NC)
Quigley
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Welch
Wilson (FL)
Yarmuth
NOT VOTING--22
Barber
Campbell
Capuano
Cohen
Cooper
Duckworth
Graves (MO)
Grijalva
Grimm
Hall
Jeffries
Labrador
Marchant
McCarthy (NY)
Meng
Miller, Gary
Negrete McLeod
Nugent
Rogers (MI)
Shea-Porter
Smith (WA)
Waxman
{time} 1352
Mr. GRIFFITH of Virginia changed his vote from ``no'' to ``aye.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
personal explanation
Mrs. McCARTHY of New York. Mr. Speaker, I was unavoidably absent on
December 9, 2014. If I were present, I would have voted on the
following: rollcall No. 552--On motion to recommit with instructions--
``yea''; rollcall No. 553--On final passage of H.R. 5781--``nay.''
____________________