[House Report 109-467]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-467

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



 
PROVIDING FOR CONSIDERATION OF H.R. 4200, FOREST EMERGENCY RECOVERY AND 
                              RESEARCH ACT

                                _______
                                

May 16, 2006.--Referred to the House Calendar and ordered to be printed

                                _______
                                

    Mr. Bishop of Utah, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 816]

    The Committee on Rules, having had under consideration 
House Resolution 816, 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. 4200, the 
Forest Emergency Research and Recovery Act, under a structured 
rule. The rule provides one hour of general debate with 20 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Resources, 20 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Agriculture, and 20 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Transportation and 
Infrastructure. The rule waives all points of order against 
consideration of the bill.
    The rule provides that in lieu of the amendment recommended 
by the Committee on Resources now printed in the bill, the 
amendment in the nature of a substitute consisting of the text 
of the amendment in the nature of a substitute printed in the 
Congressional Record and numbered 1 pursuant to clause 8 of 
rule XVIII, shall be considered as an original bill for the 
purpose of amendment under the five minute rule and shall be 
considered as read. The rule waives all points of order against 
that amendment in the nature of a substitute printed in the 
Congressional Record.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report 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 
rule waives all points of order against the amendments printed 
in this report. Finally, the rule provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The waivers of all points of order against consideration of 
the bill and against the amendment in the nature of a 
substitute to be considered as original text for the purpose of 
amendment include a waiver of clause 4 of Rule XXI (prohibiting 
appropriations in legislative bills) because of Sections 403 
and 404 of the amendment in the nature of a substitute.
    The waiver of all points of order against consideration of 
the bill also includes a waiver of section 303 of the 
Congressional Budget Act, prohibiting consideration of 
legislation, as reported, providing new budget authority, 
change in revenues, change in public debt, new entitlement 
authority, or new credit authority for a fiscal year until the 
budget resolution for that year has been agreed to. It will 
violate section 303 because its revenue loss first becomes 
effective in 2007, a year for which a final budget resolution 
has not yet been adopted.
    The waiver of all points of order against the amendments 
made in order under the rule are prophylactic in nature.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Rahall (WV): Strikes all waivers of existing 
conservation laws by removing the bill's exemptions from 
requirements of the National Historic Preservation Act, the 
Clean Water Act, the Endangered Species Act, and the National 
Environmental Policy Act (NEPA). The amendment also 
specifically requires that the Secretary concerned comply with 
the NEPA in utilizing the authorities under H.R. 4200. (10 
minutes)
    2. DeFazio (OR): Allows the emergency procedures authorized 
by H.R. 4200 to be used on lands managed for timber production. 
For all other lands--except where prohibited, such as 
wilderness areas--the Secretary would be required to amend land 
management plans to incorporate salvage and restoration 
activities. (10 minutes)
    3. Inslee (WA): Exempts any provision in the underlying 
bill from being applicable to any inventoried roadless area 
within the National Forest System set forth in the maps 
contained in the Forest Service Roadless Area Conservation, 
Final Environmental Impact Statement, Volume 2, dated November 
2000. (10 minutes)
    4. Udall (NM): Adds language in Sec 102(e) directing the 
relevant Secretary to consider the effect of any pre-approved 
management practice or catastrophic event recovery or research 
project on fire risk and forest regeneration. It further states 
that the Secretary may not implement the practice or carry out 
the recovery or research project unless the Secretary is able 
to certify that the activity will not increase fire risk or 
decrease forest regeneration. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

    1. An Amendment To Be Offered by Representative Rahall of West 
          Virginia, or His Designee, Debatable for 10 Minutes

    Strike section 103 (page 23, line 14, through page 24, line 
9) and insert the following:

SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT.

    The Secretary concerned shall comply with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), its 
implementing regulations, and other applicable laws in 
designing and conducting catastrophic event recovery projects 
and catastrophic event research projects.
    Strike section 104(e) (page 26, line 3, through page 27, 
line 8).
    Strike section 105(c) (page 30, line 1, through page 31, 
line 11).
                              ----------                              


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

    Strike section 104 (page 24, line 10, through page 28, line 
14) and insert the following new section:

SEC. 104. PRE-EVENT MANAGEMENT PLANS.

    (a) Plan Amendment.--For Federal land where timber harvest 
is allowed, but not the primary management objective, the 
Secretary concerned shall amend the land and resource 
management plan or land use plan applicable to the land to pre-
plan for certain activities to immediately follow a fire or 
other catastrophic event. The activities shall be specific to 
forest type and plant association group, and be appropriate to 
the management objectives for area described in the plan. The 
Secretary concerned shall initiate plan amendments with 
priority to areas at the greatest risk of a catastrophic event 
and with the most suitability for post-event activities. 
Managers using this pre-planning authority shall conduct 
environmental analysis in accordance with 36 C.F.R. 219 et seq. 
and 40 C.F.R. 1500 et seq.
    (b) Peer Review.--Before an activity, or collection of 
activities, may be adopted as an amendment to a land and 
resource management plan or land use plan, the activity or 
activities shall be subject to independent, third-party peer 
review by scientific and land management experts. The results 
of the peer review shall be available to the public no later 
than the availability of the draft plan revision.
    (c) Expedited Review.--The Secretary concerned may use the 
procedures provided in section 104 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6514; Public Law 108-148) to 
implement activities adopted as part of the amendment of a land 
and resource management plan or land use plan according to 
subsections (a) and (b). If environmental documentation is 
conducted under this authority, then the administrative and 
judicial appeals process described in sections 105 and 106 of 
such Act (16 U.S.C. 6515, 6516) shall apply.
    Add at the end of the bill the following new section:

SEC. 405. LIMITATION ON APPLICATION OF ACT.

    In the case of Federal land covered by this Act, the 
Secretary concerned shall use the authorities provided for in 
this Act only on those Federal lands that--
          (1) are designated as general forest areas available 
        for timber production; and
          (2) are not otherwise reserved or managed for non-
        timber production values.
                              ----------                              


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

    Add at the end the following new section:

SEC. 405. EXCLUSION OF INVENTORIED ROADLESS AREAS.

    This Act shall not apply to any inventoried roadless area 
within the National Forest System set forth in the maps 
contained in the Forest Service Roadless Area Conservation, 
Final Environmental Impact Statement, Volume 2, dated November 
2000.
                              ----------                              


4. An Amendment To Be Offered by Representative Udall of New Mexico, or 
                 His Designee, Debatable for 10 Minutes

    At the end of section 102(e) (page 21, after line 15), add 
the following new paragraph:
          (4) Consideration of fire risk and regeneration.--In 
        making any determination under paragraph (1) to 
        implement any pre-approved management practice under 
        section 104 or to develop and carry out a catastrophic 
        event recovery project or catastrophic event research 
        project, or portion of such a project, using emergency 
        procedures under section 105, the Secretary concerned--
                  (A) shall consider the effect of the practice 
                or project on fire risk and forest 
                regeneration; and
                  (B) may not implement the practice or carry 
                out the project unless the Secretary certifies 
                that the practice or project will not increase 
                fire-risk or decrease forest regeneration.

                                  
