[House Report 110-573]
[From the U.S. Government Publishing Office]



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

                                _______
                                

   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.
                              ----------                              


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.''.
                              ----------                              


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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