[House Report 111-463]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-463

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4715) TO AMEND THE 
FEDERAL WATER POLLUTION CONTROL ACT TO REAUTHORIZE THE NATIONAL ESTUARY 
 PROGRAM, AND FOR OTHER PURPOSES, WAIVING A REQUIREMENT OF CLAUSE 6(a) 
   OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS 
 REPORTED FROM THE COMMITTEE ON RULES, AND PROVIDING FOR CONSIDERATION 
                    OF MOTIONS TO SUSPEND THE RULES

                                _______
                                

   April 14, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                      [To accompany H. Res. 1248]

    The Committee on Rules, having had under consideration 
House Resolution 1248, by a nonrecord 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. 4715, the 
``Clean Estuaries Act of 2010,'' under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Transportation and Infrastructure.
    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 bill shall 
be considered as read. The resolution waives all points of 
order against the bill. This waiver does not affect the point 
of order available under clause 9 of rule XXI (regarding 
earmark disclosure).
    The rule further 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 division of the question. All 
points of order against the amendments are waived except those 
arising under clause 9 or 10 of rule XXI. The resolution 
provides that for those amendments reported from the Committee 
of the Whole, the question of their adoption shall be put to 
the House en gros and without demand for division of the 
question. The resolution provides one motion to recommit with 
or without instructions.
    The resolution provides that the Chair may entertain a 
motion that the Committee rise only if offered by the chair of 
the Committee on Transportation and Infrastructure or a 
designee. The resolution provides that the Chair may not 
entertain a motion to strike out the enacting words of the 
bill. The resolution waives clause 6(a) of rule XIII (requiring 
a two-thirds vote to consider a rule on the same day it is 
reported from the Rules Committee) against a resolution 
reported through the legislative day of Friday, April 16, 2010, 
providing for consideration of a measure relating to the 
extension of unemployment insurance. Finally, the resolution 
provides that it shall be in order at any time through the 
legislative day of Friday, April 16, 2010, for the Speaker to 
entertain motions that the House suspend the rules relating to 
a measure addressing the extension of unemployment insurance.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill (except those arising under clause 9 
or 10 of rule XXI), the Committee is not aware of any points of 
order. The waiver is prophylactic. Although the resolution 
waives all points of order against the bill, the Committee is 
not aware of any points of order against the bill. The waiver 
of all points of order against the bill 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. 405

    Date: April 14, 2010.
    Measure: H.R. 4715.
    Motion by: Mr. Dreier.
    Summary of motion: To report an open rule.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay; Dreier--
Yea; Diaz-Balart, L.--Yea; Foxx--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Oberstar (MN): Would (1) ensure that program evaluations 
assess whether the implementation of a comprehensive 
conservation and management plan is achieving its stated goals; 
(2) enhance public education on the connections between air, 
land, and water and the potential impacts on estuarine health; 
(3) strike the existing statutory priority list for estuaries 
to clarify that existing and proposed management conferences 
enter or remain in the program on a competitive basis, and (4) 
remove individuals from the list of approved recipients for 
grants under this program. (10 minutes)
    2. Pingree (ME), Cuellar (TX): Would require the 
administrator to evaluate the effectiveness of the program; 
identify and disseminate best practices for positive outcomes; 
and identify and limit redundant rules, regulations and 
reporting requirements. (10 minutes)
    3. Kagen (WI): Would require estuary programs to include in 
their comprehensive conservation and management plans a 
coordinated monitoring strategy between federal, state, and 
local entities. (10 minutes)
    4. Schauer (MI): Would define ``estuary'' under the Clean 
Water Act to include Great Lakes waters and wetlands that are 
similar to traditional estuaries covered by the National 
Estuary Program. (10 minutes)
    5. Moore, Gwen (WI): Would add trend monitoring of the 
introduction and establishment of nonnative species, including 
their pathways for introduction in estuarine zones to the list 
of research programs the Administrator can carry out. (10 
minutes)
    6. Shea-Porter (NH): Would ensure that comprehensive 
conservation and management plans address the impacts and 
potential effects of sea level change. (10 minutes)
    7. Kratovil (MD): Would make explicit that collaborative 
processes should be used to develop the management plan. It 
would call for the equitable inclusion of all relevant estuary 
stakeholders; the use of neutral facilitators and processes to 
resolve conflicts; and the inclusion and use of up-to-date 
information, among other considerations. (10 minutes)

                 TEXT OF AMENDMENTS TO BE MADE IN ORDER

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

  Page 4, strike lines 13 through 15 and insert the following:
                  ``(E) increases public education and 
                awareness with respect to--
                          ``(i) the ecological health of the 
                        estuary;
                          ``(ii) the water quality conditions 
                        of the estuary; and
                          ``(iii) ocean, estuarine, land, and 
                        atmospheric connections and 
                        interactions;
  Page 8, line 15, insert ``the implementation of'' before 
``the plan''.
  Page 8, line 22, insert ``the implementation of'' before ``a 
comprehensive''.
  Page 10, line 25, insert ``, including monitoring 
activities,'' after ``activities''.
  Page 11, after line 18, insert the following:
          (1) Recipients.--Section 320(h)(1) of such Act (as 
        redesignated by subsection (d) of this section) is 
        amended by striking ``other public'' and all that 
        follows before the period at the end and inserting 
        ``and other public or nonprofit private agencies, 
        institutions, and organizations''.
  Page 11, line 19, strike ``(1) In general.--'' and insert 
``(2) Effects of probationary status.--''.
  Page 11, line 21, insert ``further'' before ``amended''.
  Page 12, line 17, strike ``(2)'' and insert ``(3)''.
  Page 15, after line 8, insert the following:
  (i) Convening of Conference.--Section 320(a)(2) of such Act 
(33 U.S.C. 1330(a)(2)) is amended--
          (1) by striking ``(2) Convening of conference.--'' 
        and all that follows through ``In any case'' and 
        inserting the following:
          ``(2) Convening of conference.--In any case''; and
          (2) by striking subparagraph (B).
                              ----------                              


 2. An Amendment To Be Offered by Representative Pingree of Maine, or 
                 Her Designee, Debatable for 10 Minutes

  Page 14, strike lines 17 through 23 and insert the following:
          ``(2) Specific assessments.--In conducting an 
        evaluation under this subsection, the Administrator 
        shall--
                  ``(A) assess the effectiveness of the 
                national estuary program in improving water 
                quality, natural resources, and sustainable 
                uses of the estuaries covered by management 
                conferences convened under this section;
                  ``(B) identify best practices for improving 
                water quality, natural resources, and 
                sustainable uses of the estuaries covered by 
                management conferences convened under this 
                section, including those practices funded 
                through the use of technical assistance from 
                the Environmental Protection Agency and other 
                Federal agencies, and assess the reasons why 
                such practices result in the achievement of 
                program goals; and
                  ``(C) identify any redundant requirements for 
                reporting by recipients of a grant under this 
                section, and develop and recommend a plan for 
                limiting reporting redundancies.
  Page 15, line 4, strike ``to public''.
  Page 15, line 6, insert ``management conferences convened 
under this section and'' before ``the public''.
                              ----------                              


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

  Page 4, line 19, strike ``and'' at the end.
  Page 4, line 21, strike the first period through the final 
period and insert ``; and''.
  Page 4, after line 21, insert the following:
                  ``(H) includes a coordinated monitoring 
                strategy for Federal, State, and local 
                governments and other entities.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Schauer of Michigan, or 
                 His Designee, Debatable for 10 Minutes

  Page 15, after line 8, add the following:
  (i) Great Lakes Estuaries.--Section 320(m) of such Act (as 
redesignated by subsection (d) of this section) is amended by 
striking the subsection designation and all that follows 
through ``and those portions of tributaries'' and inserting the 
following:
  ``(m) Definitions.--In this section, the terms `estuary' and 
`estuarine zone' have the meanings such terms have in section 
104(n)(4), except that--
          ``(1) the term `estuary' also includes near coastal 
        waters and other bodies of water within the Great Lakes 
        that are similar in form and function to the waters 
        described in the definition of `estuary' contained in 
        section 104(n)(4); and
          ``(2) the term `estuarine zone' also includes--
                  ``(A) waters within the Great Lakes described 
                in paragraph (1) and transitional areas from 
                such waters that are similar in form and 
                function to the transitional areas described in 
                the definition of `estuarine zone' contained in 
                section 104(n)(4);
                  ``(B) associated aquatic ecosystems; and
                  ``(C) those portions of tributaries''.
                              ----------                              


5. An Amendment To Be Offered by Representative Moore of Wisconsin, or 
                 Her Designee, Debatable for 10 Minutes

  Page 14, strike lines 3 through 6 and insert the following:
  (g) Research.--Section 320(k)(1)(A) of such Act (as 
redesignated by subsection (d) of this section) is amended--
          (1) by striking ``paramenters'' and inserting 
        ``parameters''; and
          (2) by inserting ``(including monitoring of both 
        pathways and ecosystems to track the introduction and 
        establishment of nonnative species)'' before ``, to 
        provide the Administrator''.
                              ----------                              


  6. An Amendment To Be Offered by Representative Shea-Porter of New 
          Hampshire, or Her Designee, Debatable for 10 Minutes

  Page 4, line 10, strike ``and'' at the end.
  Page 4, line 12, insert ``and'' after the semicolon.
  Page 4, after line 12, insert the following:
                          ``(iii) the impacts of changes in sea 
                        level on estuarine water quality, 
                        estuarine habitat, and infrastructure 
                        located in the estuary;
                              ----------                              


 7. An Amendment To Be Offered by Representative Kratovil of Maryland, 
               or His Designee, Debatable for 10 Minutes

  Page 6, strike line 3, and insert the following:
  (b) Members of Conference; Collaborative Processes.--
          (1) Members of conference.--Section 320(c)(5)
  Page 6, after line 6, insert the following:
          (2) Collaborative processes.--Section 320(d) of such 
        Act (33 U.S.C. 1330(d)) is amended--
                  (A) by striking ``(d)'' and all that follows 
                through ``In developing'' and inserting the 
                following:
  ``(d) Utilization of Existing Data and Collaborative 
Processes.--
          ``(1) Utilization of existing data.--In developing''; 
        and
                  (B) by adding at the end the following:
          ``(2) Utilization of collaborative processes.--In 
        updating a plan under subsection (f)(4) or developing a 
        new plan under subsection (b), a management conference 
        shall make use of collaborative processes to--
                  ``(A) ensure equitable inclusion of affected 
                interests;
                  ``(B) engage with members of the management 
                conference, including through--
                          ``(i) the use of consensus-based 
                        decision rules; and
                          ``(ii) assistance from impartial 
                        facilitators, as appropriate;
                  ``(C) ensure relevant information, including 
                scientific, technical, and cultural 
                information, is accessible to members;
                  ``(D) promote accountability and transparency 
                by ensuring members are informed in a timely 
                manner of--
                          ``(i) the purposes and objectives of 
                        the management conference; and
                          ``(ii) the results of an evaluation 
                        conducted under subsection (f)(3);
                  ``(E) identify the roles and responsibilities 
                of members--
                          ``(i) in the management conference 
                        proceedings; and
                          ``(ii) in the implementation of the 
                        plan; and
                  ``(F) seek resolution of conflicts or 
                disputes as necessary.''.

                                  
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