[House Report 110-744]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-744

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1286) TO AMEND THE 
   NATIONAL TRAILS SYSTEM ACT TO DESIGNATE THE WASHINGTON-ROCHAMBEAU 
              REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL

                                _______
                                

July 8, 2008.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Cardoza, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1317]

    The Committee on Rules, having had under consideration 
House Resolution 1317, by a record vote of 8 to 3, 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. 1286, the 
``Washington-Rochambeau Revolutionary Route National Historic 
Trail Designation 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, modified by the amendment 
printed in part A of this report, 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 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 
part B of 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 the Chair may 
postpone further consideration of the bill to a time designated 
by the Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of rule XXI) includes a 
waiver of clause 4(a) of rule XIII, requiring a three-day 
layover of the committee report. Although the rule waives all 
points of order against the amendment in the nature of a 
substitute (except clause 10 of rule XXI), the Committee is not 
aware of any points of order. The waiver of all points of order 
is 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. 552

    Date: July 8, 2008.
    Measure: H.R. 1286.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea.

Rules Committee Record Vote No. 553

    Date: July 8, 2008.
    Measure: H.R. 1286.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bishop, Rob (UT), #2, which 
would require that land within the trail shall be governed by 
State and local hunting, fishing, trapping and weapons laws.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea.

Rules Committee Record Vote No. 554

    Date: July 8, 2008.
    Measure: H.R. 1286.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bishop, Rob (UT), #3, which 
would make the provision concerning hindrance of energy 
activities applicable to all land in the National Trails 
System.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea.

Rules Committee Record Vote No. 555

    Date: July 8, 2008.
    Measure: H.R. 1286.
    Motion by: Mr. Hastings (FL).
    Summary of motion: To report the rule.
    Results: Adopted 8-3.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay.

               SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

    The amendment provides that the bill does not in any way 
limit access for hunting, fishing, trapping or recreational 
shooting. It also provides that the bill 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.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Bishop, Rob (UT): Would amend the language in the bill 
prohibiting the use of eminent domain by the Federal government 
to specifically prohibit the Federal government from acquiring, 
for the trail, from State or local governments, land acquired 
by a State or local government through its own use of eminent 
domain. (10 minutes)
    2. Pearce (NM): Would require the Secretary to complete and 
submit to Congress a report on the energy resources included in 
the Washington-Rochambeau Revolutionary Route National Historic 
Trail. (10 minutes)

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

    At the end of the bill, add the following:

SEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING.

    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. Nothing in this Act shall be construed as limiting 
access for hunting, fishing, trapping, or recreational 
shooting.

        PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE


1. An Amendment To Be Offered by Representative Bishop of Utah, or His 
                   Designee, Debatable for 10 Minutes

    Strike the new subparagraph (D) added by the amendment in 
section 2, and insert the following:
                  ``(D) Land acquisition.--The United States 
                shall not acquire for the trail any land or 
                interest in land--
                          ``(i) outside the exterior boundary 
                        of any federally managed area without 
                        the consent of the owner of the land or 
                        interest in land; and
                          ``(ii) acquired from a State or local 
                        government if that land was acquired by 
                        such government through eminent 
                        domain.''.

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

    At the end of the bill, add the following:

SEC. 4. ENERGY AND CONGRESSIONAL REVIEW.

  The Secretary of Interior, in consultation with the Secretary 
of Energy and private industry, shall complete and submit to 
the Committee on Natural Resources of the House of 
Representatives, the Committee on Energy and Natural Resources 
of the Senate, and Senators and Representatives from the States 
affected by the designation, a report using the best available 
data and regarding the energy resources available on the lands 
and waters included in the Washington-Rochambeau Revolutionary 
Route National Historic Trail. The report shall--
          (1) contain the best available description of the 
        energy resources available on the land and report on 
        the specific amount of energy withdrawn from possible 
        development; and
          (2) identify barrels of oil, cubic feet of natural 
        gas, megawatts of geothermal, wind and solar energy 
        that could be commercially produced, annual available 
        biomass for energy production, and any megawatts of 
        hydropower resources available, including tidal, 
        traditional dams, and in-stream flow turbines, and any 
        impact on electricity transmission.

                                  
