[House Report 112-660]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-660
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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5544) TO AUTHORIZE AND 
 EXPEDITE A LAND EXCHANGE INVOLVING NATIONAL FOREST SYSTEM LAND IN THE 
 LAURENTIAN DISTRICT OF THE SUPERIOR NATIONAL FOREST AND CERTAIN OTHER 
NATIONAL FOREST SYSTEM LAND IN THE STATE OF MINNESOTA THAT HAS LIMITED 
RECREATIONAL AND CONSERVATION RESOURCES AND LANDS OWNED BY THE STATE OF 
   MINNESOTA IN TRUST FOR THE PUBLIC SCHOOL SYSTEM THAT ARE LARGELY 
SCATTERED IN CHECKERBOARD FASHION WITHIN THE BOUNDARY WATERS CANOE AREA 
 WILDERNESS AND HAVE IMPORTANT RECREATIONAL, SCENIC, AND CONSERVATION 
 RESOURCES, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF 
THE BILL (H.R. 5949) TO EXTEND THE FISA AMENDMENTS ACT OF 2008 FOR FIVE 
                                 YEARS

                                _______
                                

 September 10, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 773]

    The Committee on Rules, having had under consideration 
House Resolution 773, 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. 5544, the 
Minnesota Education Investment and Employment Act, 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 natural Resources. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 112-30, as modified by the amendment printed in 
Part A of this report, shall be considered as adopted. The 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution makes in order only those further 
amendments printed in Part B of 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 Part B of this report. The resolution provides one 
motion to recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 5949, the FISA Amendments Act Reauthorization Act of 2012, 
under a closed rule. The resolution provides one hour of 
debate, with 40 minutes equally divided and controlled by the 
chair and ranking minority member of the Committee on the 
Judiciary and 20 minutes equally divided and controlled by the 
chair and ranking minority member of the Permanent Select 
Committee on Intelligence. The resolution waives all points of 
order against consideration of the bill. The resolution 
provides that the amendment in the nature of a substitute 
recommended by the Committee on the Judiciary now printed in 
the bill shall be considered as adopted. The bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions in the bill, as amended. The 
resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    If H.R. 5544 is considered in the House before Wednesday, 
September 12, 2012, the waiver of all points of order against 
consideration of the bill will include a waiver of clause 4(a) 
of rule XIII, requiring the three day layover of the committee 
report. While the text of Rules Committee Print 112-30 is 
identical to the text of the bill as ordered reported by the 
Committee on Natural Resources and has been available since 
Wednesday, September 5, 2012, the Committee on Natural 
Resources was not able to file its report until September 10, 
2012 when the House came back into session following the August 
District Work Period.
    Although the resolution waives all points of order against 
provisions in H.R. 5544, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in Part B this report, the Committee is 
not aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
consideration of H.R. 5949, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions of H.R. 5949, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    It is important to note that the estimate provided by the 
Congressional Budget Office (CBO) to the Permanent Select 
Committee on Intelligence and the Committee on the Budget for 
H.R. 5949 is incomplete due to the fact that CBO does not 
provide cost estimates for classified programs. Because the 
estimate is incomplete, the Chairman of the Committee on the 
Budget is unable to accurately advise the Chair on budget 
related points of order.

                            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. 347

    Motion by Mr. Sessions to report the rule. Adopted: 8-3.

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

        SUMMARY OF THE AMENDMENT IN PART A CONSIDERED AS ADOPTED

    Hastings, Doc (WA): Manager's Amendment. Would make 
technical changes to correct a direct spending issue with the 
bill. Would ensure that the State school trust lands located 
within the Boundary Waters Canoe Area Wilderness traded for 
equal-value federal lands within the Superior National Forest 
are not used to calculate payments to certain countries under 
the Thye-Blatnik and the Humphrey-Thye-Blatnik-Andresen Acts.

     SUMMARY OF THE AMENDMENTS TO H.R. 5544 IN PART B MADE IN ORDER

    1. McCollum (MN): Would ensure tribal treaty rights are 
preserved and tribes are consulted. (10 minutes)
    2. Holt (NJ): Would restore public participation in 
development of this proposed land exchange, which is prohibited 
under H.R. 5544. (10 minutes)
    3. Ellison (MN): Would ensure that no National Forest 
System lands shall be included in the exchange where the 
inclusion or use of the lands is likely to have a negative 
impact on private property, property values, and small 
businesses. (10 minutes)
    4. Grijalva, Raul (AZ): Would strike the unusual appraisal 
language from H.R. 5544 and replace it with standard appraisal 
provisions used in federal land exchanges. (10 minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  At the end of section 2(f) (page 6, after line 13), add the 
following new paragraph:
          (3) Thye-blatnik act.--The Secretary shall not take 
        into consideration the lands acquired by the United 
        States under this Act in determining the appraised 
        value of National Forest System lands in the State of 
        Minnesota used for purposes of making payments to the 
        State of Minnesota under the Act of June 22, 1948, and 
        the Act of June 22, 1956 (commonly known as the Thye-
        Blatnik Act and Humphrey-Thye-Blatnik-Andresen Act; 16 
        U.S.C. 577c through 577h).
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER

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

  In section 2(a) (page 3, after line 2), insert the following 
new paragraph (and redesignate the subsequent paragraph 
accordingly):
          (7) The proposed land exchanged would include land 
        ceded or sold in the Treaty with the Chippewa of 1854, 
        in which the signatory tribes reserved hunting, 
        fishing, and gathering rights on the land ceded. 
        Federal courts have affirmed the continuing existence 
        of those rights. The Secretary of Agriculture shall 
        consult on a government-to-government basis with 
        potentially affected Indian tribes and ensure that the 
        land exchange does not impinge upon treaty rights.
  In section 2(e)(1)(B)(i) (page 5, line 7), strike ``fishing 
and hunting rights'' and insert ``fishing, hunting, and 
gathering rights''.
  In section 2(e)(2) (page 5, line 22), insert ``gathering,'' 
after ``fishing,''.
  In section 2(f) (page 6, after line 13), add the following 
new paragraph:
          (3) No impact on treaty rights.--Nothing in this Act 
        shall limit, alter, restrict, or abrogate, or be 
        construed to have such effect, on rights to hunt, fish, 
        and gather as reserved in Article 11 of the Treaty of 
        September 30, 1854 (10 Stat. 1109).
                              ----------                              


 2. An Amendment To Be Offered By Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  In section 2(b) (page 3, line 12), strike ``shall'' and 
insert ``may''.
  In section 2(f) (page 6, beginning line 3), strike ``Relation 
to Other Laws.--'', ``(1)'', and paragraph (2) relating to an 
exception from NEPA requirements.
                              ----------                              


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

  In section 2, insert after subsection (b) the following new 
subsection (and redesignate subsequent subsections 
accordingly):
  (c) Protecting Private Property and Small Businesses Within 
and Adjacent to Superior National Forest.--In determining which 
National Forest System land to exchange under subsection (b), 
the Secretary shall not include a parcel of National Forest 
System land in the exchange if the Secretary determines that 
the inclusion of the parcel or subsequent use of the parcel is 
likely to have a negative impact on private property, private 
property values, or small businesses.
                              ----------                              


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

  In section 2, strike subsection (c) (page 3, beginning line 
21) and insert the following new subsection:
  (c) Valuation of Lands for Exchange.--
          (1) Equal value exchange required.--The fair market 
        value of the land to be exchanged under subsection (b) 
        shall be equal.
          (2) Appraisal to determine fair market value of 
        federal land.--The Secretary shall determine the fair 
        market value of the National Forest System land to be 
        conveyed under subsection (b)--
                  (A) in accordance with the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 
                1701 et seq.); and
                  (B) based on an appraisal that is conducted 
                in accordance with nationally recognized 
                appraisal standards, including the Uniform 
                Appraisal Standards for Federal Land 
                Acquisition and the Uniform Standards of 
                Professional Appraisal Practice.

                                  
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