[House Report 111-301]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-301

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2442) TO AMEND THE 
  RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND FACILITIES ACT TO 
  EXPAND THE BAY AREA REGIONAL WATER RECYCLING PROGRAM, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  October 14, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Matsui, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 830]

    The Committee on Rules, having had under consideration 
House Resolution 830, by a record vote of 6 to 5, 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. 2442, the 
``Bay Area Regional Water Recycling Program Expansion Act of 
2009,'' under a closed rule. The rule provides one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Natural Resources. 
The resolution waives all points of order against consideration 
of the bill except those arising under clause 9 or 10 of rule 
XXI. The resolution provides that the amendment printed in this 
report shall be considered as adopted and the bill, as amended, 
shall be considered read. The resolution waives all points of 
order against provisions of the bill, as amended. This waiver 
does not affect the point of order available under clause 9 of 
rule XXI (regarding earmark disclosure). The resolution 
provides one motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for those arising under 
clauses 9 and 10 of rule XXI) and all points of order against 
provisions of the bill, as amended, 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. 254

    Date: October 14, 2009.
    Measure: H.R. 2442.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Nunes (CA), #2, which would 
provide a two-year waiver to the Endangered Species Act to 
prevent the implementation of the December 15, 2008 Biological 
Opinion by the United States Fish and Wildlife Service and the 
June 4, 2009 Biological Opinion by the National Marine 
Fisheries Service on the Long-Term Operations of the Central 
Valley Project and State Water Project in California. The 
Biological Opinions relate to the Delta-smelt and the salmon, 
steelhead, green sturgeon and killer whales, respectively.
    Results: Defeated 5-6.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Yea; Pingree--Nay; Polis--Nay; Dreier--
Yea; Diaz-Balart, L.--Yea; Sessions--Yea; Foxx--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 255

    Date: October 14, 2009.
    Measure: H.R. 2442.
    Motion by: Mr. Lincoln Diaz-Balart of Florida.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Nunes (CA), #1, which would 
waive the Endangered Species Act to prevent the implementation 
of the December 15, 2008 Biological Opinion by the United 
States Fish and Wildlife Service and the June 4, 2009 
Biological Opinion by the National Marine Fisheries Service on 
the Long-Term Operations of the Central Valley Project and 
State Water Project in California. The Biological Opinions 
relate to the Delta-smelt and the salmon, steelhead, green 
sturgeon and killer whales, respectively.
    Results: Defeated 5-6.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Yea; Pingree--Nay; Polis--Nay; Dreier--
Yea; Diaz-Balart, L.--Yea; Sessions--Yea; Foxx--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 256

    Date: October 14, 2009.
    Measure: H.R. 2442.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for the amendments en bloc to be separately debatable 
for 10 minutes each consisting of amendments by Rep. Radanovich 
(CA), #4, which would add at the end of the bill H.R. 856, the 
California Drought Alleviation Act, which would waive the 
Endangered Species Act restrictions on the State Water Project 
and Central Valley Project Delta pumps during times of drought 
emergency; and #5, which would prevent the water recycling 
projects in section 2 of the bill from taking effect until the 
Two Gates Project in the San Joaquin Sacramento Delta has been 
completed.
    Results: Defeated 5-6.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Yea; Pingree--Nay; Polis--Nay; Dreier--
Yea; Diaz-Balart, L.--Yea; Sessions--Yea; Foxx--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 257

    Date: October 14, 2009.
    Measure: H.R. 2442.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 6-5.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Nay; Pingree--Yea; Polis--Yea; Dreier--
Nay; Diaz-Balart, L.--Nay; Sessions--Nay; Foxx--Nay; 
Slaughter--Yea.

            SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED

    The amendment: (1) clarifies that funding in the bill is 
subject to appropriations; and (2) makes a purely technical 
correction in the section numbering in the bill.

             TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  In section 2, strike ``1649.'', ``1650.'', ``1651.'', 
``1652.'', ``1653.'', and ``1654.'' each place they appear in 
insert ``16__.''.
  In section 2(b), strike ``sections 1649 through 1654 of such 
Act, as added'' and insert ``the sections added to such Act''
  In section 2(b), strike the final period and insert the 
following: ``, subject to appropriations made available for the 
Federal share of the project under sections 1642 through 1648 
of the Reclamation Wastewater and Groundwater Study and 
Facilities Act and the sections added to such Act by subsection 
(a).''.
  In section 2(c), strike ``by inserting after'' and all that 
following through the colon and insert ``by adding at the end 
the following:''.

                                  
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