[House Report 112-539]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-539

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2578) TO AMEND THE WILD 
AND SCENIC RIVERS ACT RELATED TO A SEGMENT OF THE LOWER MERCED RIVER IN 
                   CALIFORNIA, AND FOR OTHER PURPOSES

                                _______
                                

   June 18, 2012.--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. 688]

    The Committee on Rules, having had under consideration 
House Resolution 688, by a record vote of 7-3, 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. 2578, to 
amend the Wild and Scenic Rivers Act related to a segment of 
the Lower Merced River in California, and for other purposes, 
under a structured rule. The resolution provides 90 minutes 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. The resolution makes in order as original text for 
purpose of amendment the amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 112-
25 and provides that it shall be considered as read. The 
resolution waives all points of order against the amendment in 
the nature of a substitute. The resolution makes in order only 
those amendments printed in this report. Each such amendment 
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 resolution waives 
all points of order against the amendments printed in this 
report. Finally, the resolution provides one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the amendment in 
the nature of a substitute made in order as original text 
includes a waiver of clause 7 of rule XVI, prohibiting the 
consideration of non-germane amendments, because the amendment 
in the nature of a substitute contains provisions not germane 
to the bill.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            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. 317

    Motion by Mr. Hastings of Florida to report an open rule. 
Defeated: 3-7.

------------------------------------------------------------------------
        Majority Members            Vote     Minority Members     Vote
------------------------------------------------------------------------
Mr. Sessions....................      Nay   Ms. Slaughter.....      Yea
Ms. Foxx........................      Nay   Mr. Hastings of         Yea
                                             Florida.
Mr. Bishop of Utah..............      Nay   Mr. Polis.........      Yea
Mr. Woodall.....................      Nay
Mr. Nugent......................      Nay
Mr. Scott of South Carolina.....      Nay
Mr. Webster.....................      Nay
------------------------------------------------------------------------


Rules Committee record vote No. 318

    Motion by Mr. Hastings of Florida to make in order and 
provide the appropriate waivers for amendment #2, offered by 
Rep. King (IA), which would require the Corps of Engineers to 
increase the amount of flood storage capacity in the Missouri 
River's reservoir system so that it is sufficient to control 
the runoff associated with the largest flood experienced in the 
Missouri River. As of now, that is the historic flood of last 
year, 2011. Defeated: 3-7.

------------------------------------------------------------------------
        Majority Members            Vote     Minority Members     Vote
------------------------------------------------------------------------
Mr. Sessions....................      Nay   Ms. Slaughter.....      Yea
Ms. Foxx........................      Nay   Mr. Hastings of         Yea
                                             Florida.
Mr. Bishop of Utah..............      Nay   Mr. Polis.........      Yea
Mr. Woodall.....................      Nay
Mr. Nugent......................      Nay
Mr. Scott of South Carolina.....      Nay
Mr. Webster.....................      Nay
------------------------------------------------------------------------

Rules Committee record vote No. 319

    Motion by Ms. Foxx to report the rule. Adopted: 7-3.

------------------------------------------------------------------------
        Majority Members            Vote     Minority Members     Vote
------------------------------------------------------------------------
Mr. Sessions....................      Yea   Ms. Slaughter.....      Nay
Ms. Foxx........................      Yea   Mr. Hastings of         Nay
                                             Florida.
Mr. Bishop of Utah..............      Yea   Mr. Polis.........      Nay
Mr. Woodall.....................      Yea
Mr. Nugent......................      Yea
Mr. Scott of South Carolina.....      Yea
Mr. Webster.....................      Yea
------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Hastings, Doc (WA): MANAGERS Would make technical and 
clarifying changes; reduce the size of the land conveyance in 
Title IV; conform the text of Title VI to the House-passed 
version of the bill from the 111th Congress; and reduce the 
authorization of Title VIII to conform with Leadership 
protocols. (10 minutes)
    2. DeFazio (OR): Would ensure that if the SEAlaska Native 
Corporation is allowed to clear-cut new areas of the Tongass 
National Forest in Alaska, it is subject to the same limitation 
on the export of unprocessed timber that applies to other 
national forests in the lower 48. (10 minutes)
    3. Markey, Edward (MA): Would authorize a pilot project to 
test a small increase in federal grazing fees. (10 minutes)
    4. Bishop, Rob (UT): Would clarify the intent of the 
legislation and narrow the list of laws which may be waived for 
border security activities. It also would add provisions 
protecting private property and tribal sovereignty. (10 
minutes)
    5. Grijalva, Raul (AZ): Would strike Title XIV which 
creates a 100-mile operation control zone for the Department of 
Homeland Security along the northern and southern borders of 
the United States. (10 minutes)
    6. Hanabusa (HI): Would exclude the state of Hawaii from 
the provisions of the bill that exempt the Department of 
Homeland Security from dozens of conservation laws within 100 
miles of the nation's borders. (10 minutes)
    7. Cravaack (MN): Would direct the Forest Service to allow 
ATV's access to forest roads when not in use by loggers in the 
Superior and Chippewa National Forests. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 52, line 13, strike ``151'' and insert ``137''.
  Page 52, line 15, strike ``2009''.
  Page 52, strike line 16 and insert ``numbered 472/113,006A, 
and dated June 2012.''.
  Page 52, strike line 25, and insert ``(3) by donation or 
exchange only (and in the case of an exchange, no payment may 
be made by the Secretary to any landowner). No private property 
or non-''.
  Page 53, line 4, insert ``to'' after ``construed''.
  Page 60, beginning on line 22, strike ``100-foot-wide 
corridor'' and insert ``corridor of not more than 100 feet in 
width''.
  Page 61, after line 2, insert the following (and redesignate 
the subsequent paragraphs accordingly):
          ``(2) within one mile of the route, on the date of 
        the enactment of this section, of the Stehekin Valley 
        Road;''.
  Page 61, strike lines 7 through 13 and insert the following:
  ``(b) No Net Loss of Lands.--
          ``(1) In general.--The boundary adjustments made 
        under this section shall be such that equal amounts of 
        federally owned acreage are exchanged between the 
        Stephen Mather Wilderness and the North Cascades 
        National Park, resulting in no net loss of acreage to 
        either the Stephen Mather Wilderness or the North 
        Cascades National Park.
          ``(2) Stehekin valley road lands.--The newly 
        designated wilderness shall include the lands along the 
        route of the Stehekin Valley Road that are replaced by 
        the reconstruction.
          ``(3) Equalization of land.--If the lands described 
        in paragraph (2) contain fewer acres than the corridor 
        described in subsection (a), the Secretary may 
        designate additional Federal lands in the North 
        Cascades National Park as wilderness, but such 
        designation may not exceed the amount needed to 
        equalize the exchange and these additional lands must 
        be selected from lands that qualify as wilderness under 
        section 2(c) of the Wilderness Act (16 U.S.C. 1131(c)).
  ``(c) No Sale or Acquisition Authorized.--Nothing in this 
title authorizes the sale or acquisition of any land or 
interest in land.
  ``(d) No Priority Required.--Nothing in this title shall be 
construed as requiring the Secretary to give this project 
precedence over the construction or repair of other similarly 
damaged roads in units of the National Park System.''.
  Page 69, line 17, strike ``2022'' and insert ``2019''.
  Page 71, after line 13, insert the following:
  (e) Funding.--Subsection (f) of the Herger-Feinstein Quincy 
Library Group Forest Recovery Act is amended by striking 
paragraph (6) and redesignating paragraph (7) as paragraph (6).
  Page 87, strike lines 22 and 23 and insert ``to 90 percent of 
the funds apportioned to it under section 669c(c) of this title 
to acquire land for, expand, or construct a public target 
range.''.
                              ----------                              --



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

  Page 47, after line 16, insert the following new subsection:
  (k) Condition on Sealaska Export of Unprocessed Timber.--The 
conveyance to Sealaska of Federal land under this title shall 
be subject to an additional covenant that Sealaska comply with 
the export restrictions on unprocessed timber contained in the 
Forest Resources Conservation and Shortage Relief Act of 1990 
(16 U.S.C. 620 et seq.) regarding any timber removed from the 
conveyed land notwithstanding the geographical limitation on 
the applicability of such Act only to timber originating from 
lands west of the 100th meridian in the contiguous 48 States.
                              ----------                              --



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

  Page 83, after line 21, insert the following new section:

SEC. 1104. GRAZING FEE PILOT PROGRAM.

  (a) In General.--The Secretary is authorized to conduct a 
pilot program in fiscal years 2013 through 2016 to collect an 
administrative fee to offset the increased cost of 
administering the livestock grazing program on public lands 
managed by the Bureau of Land Management.
  (b) Fee Amount and Collection.--
          (1) Amount.--The fee authorized by this section shall 
        be in the amount of $1 per Animal Unit Month, and shall 
        be billed, collected, and subject to the penalties 
        using the same process as the annual grazing fee under 
        section 4130.8-1 of title 43, Code of Federal 
        Regulations.
          (2) Deposit of penalties.--Penalties assessed under 
        this subsection shall be deposited in the general fund 
        of the Treasury.
          (3) Applicability.--Nothing in this section affects 
        the calculation, collection, distribution, or use of 
        the grazing fee under 43 U.S.C. 315 et seq., section 
        205(b) of Public Law 94-579 (43 U.S.C. 1751(b)), 
        section 6(a) of Public Law 95-514 (43 U.S.C. 1905), 
        Executive Order 12548, or any administrative 
        regulation.
                              ----------                              


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

  Strike sections 1401, 1402, and 1403, and insert the 
following:

SEC. 1401. WAIVER OF FEDERAL LAWS WITH RESPECT TO BORDER SECURITY 
                    ACTIONS ON DEPARTMENT OF THE INTERIOR AND 
                    DEPARTMENT OF AGRICULTURE LANDS.

  (a) Short Title.--This section may be cited as the ``National 
Security and Federal Lands Protection Act''.
  (b) Prohibition on Secretaries of the Interior and 
Agriculture.--The Secretary of the Interior or the Secretary of 
Agriculture shall not impede, prohibit, or restrict activities 
of U.S. Customs and Border Protection on Federal land located 
within 100 miles of an international land border, that is under 
the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture to prevent all unlawful entries into 
the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and other 
contraband through the international land borders of the United 
States.
  (c) Authorized Activities of U.S. Customs and Border 
Protection.--U.S. Customs and Border Protection shall have 
access to Federal land under the jurisdiction of the Secretary 
of the Interior or the Secretary of Agriculture for purposes of 
conducting the following activities on such land that assist in 
securing the international land borders of the United States:
          (1) Construction and maintenance of roads.
          (2) Construction and maintenance of fences.
          (3) Use of vehicles to patrol.
          (4) Installation, maintenance, and operation of 
        surveillance equipment and sensors.
          (5) Use of aircraft.
          (6) Deployment of temporary tactical infrastructure, 
        including forward operating bases.
  (d) Clarification Relating to Waiver Authority.--
          (1) In general.--Notwithstanding any other provision 
        of law (including any termination date relating to the 
        waiver referred to in this subsection), the waiver by 
        the Secretary of Homeland Security on April 1, 2008, 
        under section 102(c)(1) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain 
        sections of the international border between the United 
        States and Mexico and between the United States and 
        Canada shall be considered to apply to all Federal land 
        under the jurisdiction of the Secretary of the Interior 
        or the Secretary of Agriculture within 100 miles of the 
        international land borders of the United States for the 
        activities of U.S. Customs and Border Protection 
        described in subsection (c).
          (2) Description of laws waived.--The laws referred to 
        in paragraph (1) are limited to the Wilderness Act (16 
        U.S.C. 1131 et seq.), the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), the 
        National Historic Preservation Act (16 U.S.C. 470 et 
        seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the 
        Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), 
        the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
        seq.), the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1701 et seq.), the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 
        668dd et seq.), the Fish and Wildlife Act of 1956 (16 
        U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II 
        of chapter 5, and chapter 7, of title 5, United States 
        Code (commonly known as the ``Administrative Procedure 
        Act''), the National Park Service Organic Act (16 
        U.S.C. 1 et seq.), the General Authorities Act of 1970 
        (Public Law 91-383) (16 U.S.C. 1a-1 et seq.), sections 
        401(7), 403, and 404 of the National Parks and 
        Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 
        (16 U.S.C. 1132 note; Public Law 101-628).
  (e) Protection of Legal Uses.--This section shall not be 
construed to provide--
          (1) authority to restrict legal uses, such as 
        grazing, hunting, mining, or public-use recreational 
        and backcountry airstrips on land under the 
        jurisdiction of the Secretary of the Interior or the 
        Secretary of Agriculture;
          (2) any additional authority to restrict legal access 
        to such land; or
          (3) any additional authority or access to private or 
        State land.
  (f) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements 
between the United States and Indian tribes
  (g) Sunset.--This section shall have no force or effect after 
the end of the 5-year period beginning on the date of enactment 
of this Act.
                              ----------                              --



5. An Amendment To Be Offered by Representative Grijalva of Arizona or 
                 His Designee, Debatable for 10 Minutes

  Strike title XIV.
                              ----------                              --



 6. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Page 104, after line 8, insert the following new subsection:
  (e) Limitation on Application With Respect to Hawaii.--
Subsections (a) and (b) shall not apply with respect to 
activities by U.S. Customs and Border Protection on land under 
the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture in Hawaii.
                              ----------                              --
7.


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

  At the end of the bill, add the following new title:

      TITLE XV--ATV USE IN SUPERIOR AND CHIPPEWA NATIONAL FORESTS

SEC. 1501. GUARANTEE OF ATV ACCESS TO FOREST ROADS IN SUPERIOR AND 
                    CHIPPEWA NATIONAL FORESTS.

  The Chief of the Forest Service shall ensure that users of 
all-terrain vehicles have access to forest roads in Superior 
and Chippewa National Forests, subject to reasonable road 
closures to prevent interference with ongoing activities 
related to the extraction and transport of national forest 
materials.

                                  
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