House Report 113-215 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 687) TO FACILITATE THE EFFICIENT EXTRACTION OF MINERAL RESOURCES IN SOUTHEAST ARIZONA BY AUTHORIZING AND DIRECTING AN EXCHANGE OF FEDERAL AND NON-FEDERAL LAND, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1526) TO RESTORE EMPLOYMENT AND EDUCATIONAL OPPORTUNITIES IN, AND IMPROVE THE ECONOMIC STABILITY OF, COUNTIES CONTAINING NATIONAL FOREST SYSTEM LAND, WHILE ALSO REDUCING FOREST SERVICE MANAGEMENT COSTS, BY ENSURING THAT SUCH COUNTIES HAVE A DEPENDABLE SOURCE OF REVENUE FROM NATIONAL FOREST SYST

[House Report 113-215]
[From the U.S. Government Publishing Office]

113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-215

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

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 687) TO FACILITATE THE
EFFICIENT EXTRACTION OF MINERAL RESOURCES IN SOUTHEAST ARIZONA BY
AUTHORIZING AND DIRECTING AN EXCHANGE OF FEDERAL AND NON-FEDERAL LAND,
AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R.
1526) TO RESTORE EMPLOYMENT AND EDUCATIONAL OPPORTUNITIES IN, AND
IMPROVE THE ECONOMIC STABILITY OF, COUNTIES CONTAINING NATIONAL FOREST
SYSTEM LAND, WHILE ALSO REDUCING FOREST SERVICE MANAGEMENT COSTS, BY
ENSURING THAT SUCH COUNTIES HAVE A DEPENDABLE SOURCE OF REVENUE FROM
NATIONAL FOREST SYSTEM LAND, TO PROVIDE A TEMPORARY EXTENSION OF THE
SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000, AND
FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3102)
TO AMEND THE FOOD AND NUTRITION ACT OF 2008; AND FOR OTHER PURPOSES

_______

September 18, 2013.--Referred to the House Calendar and ordered to be
printed

_______

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

R E P O R T

[To accompany H. Res. 351]

The Committee on Rules, having had under consideration
House Resolution 351, 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. 687, the
Southeast Arizona Land Exchange and Conservation Act of 2013,
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 makes in order as original text for
the purpose of amendment the amendment in the nature of a
substitute recommended by the Committee on Natural Resources
now printed in the bill 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 further amendments printed
in part A 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 A 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. 1526, the Restoring Healthy Forests for Healthy
Communities 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 113-
21, modified by the amendment printed in part B of the Rules
Committee report, shall be considered as adopted and 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 C 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 C of
this report. The resolution provides one motion to recommit
with or without instructions.
Section 3 of the resolution provides for consideration of
H.R. 3102, the Nutrition Reform and Work Opportunity Act of
2013, under a closed rule. The resolution provides one hour of
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Agriculture. The resolution
waives all points of order against consideration of the bill.
The resolution waives all points of order against provisions in
the bill. The resolution provides for one motion to recommit.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of H.R. 687, 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 amendment in the nature of a substitute to H.R. 687 made in
order as original text, 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 A of 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. 1526, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against provisions in
H.R. 1526, as amended, includes a waiver of clause 4 of rule
XXI, which prohibits a bill or joint resolution carrying an
appropriation from being reported by a committee not having
jurisdiction to report appropriations. Provisions contained in
section 501 of the bill as reported by the Committee on Natural
Resources fall within the jurisdiction of the Committee on
Appropriations.
Although the resolution waives all points of order against
the amendments printed in part C of 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. 3102, 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 in H.R. 3102, 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. 69

Motion by Mr. McGovern to report H.R. 687, H.R. 1526, and
H.R. 3102 each an open rule. Defeated: 3-9

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... ............
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 70

Motion by Mr. McGovern to make in order and provide the
appropriate waivers for amendment #2 to H.R. 3102, offered by
Representative Connolly (VA), which prohibits Members of
Congress or their spouses from receiving benefits or subsidies
from any agricultural program. Defeated: 3-9

Rules Committee record vote No. 71

Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #4 to H.R. 3102,
offered by Representative Conyers Jr. (MI) and Representative
Lee (CA), which provides a one year extension of the thirteen
percent benefits increase from the 2009 American Recovery and
Restoration Act through the 2014 Fiscal Year. Defeated: 3-9

SUMMARY OF THE AMENDMENTS TO H.R. 687 IN PART A MADE IN ORDER

1. Grijalva (AZ): Guarantees the jobs this mine does create
benefit the local community by requiring that the Remote
Operating Center be located in the town of Superior, Arizona or
an adjacent mining community. (10 minutes)
2. Lujan (NM): Requires the Secretary to remove Native
American sacred and cultural sites from the conveyance in
consultation with affected Indian Tribes. (10 minutes)
3. Napolitano (CA): Protects water quality and water
quantity for the people living and working near this proposed
mine, given estimates that mining operations will consume the
equivalent of the annual water supply for 20,000 homes. (10
minutes)

SUMMARY OF THE AMENDMENT TO H.R. 1526 IN PART B CONSIDERED AS ADOPTED

Hastings, Doc (WA): Makes a number of technical corrections
throughout the legislation and addresses a number of issues
with the implementation of community forest demonstration
areas.

SUMMARY OF THE AMENDMENTS TO H.R. 1526 IN PART C MADE IN ORDER

1. Daines (MT): Protect forest reserve projects from delay
by precluding Court-issued injunctions based on alleged
violations of procedural requirements in selecting, planning,
or analyzing the project. (10 minutes)
2. Daines (MT): Requires the Secretary to submit to
Congress an annual report specifying for each Forest Reserve
Revenue Area the annual volume requirement in effect for that
fiscal year, the volume of board feet actually harvested, the
average cost of preparation of timber sales, the revenues
generated from such sales, the amount of receipts distributed
to each beneficiary county. Restricts the length of this report
to one page. (10 minutes)
3. McClintock (CA), McCarthy, Kevin (CA), LaMalfa (CA),
Denham (CA): Waives judicial review on any timber salvage
project resulting from a wildfire occurring in 2013. (10
minutes)
4. Smith, Jason (MO), Luetkemeyer (MO), Long (MO): Puts a
moratorium on the use of prescribed fires in the Mark Twain
National Forest until the Secretary of Agriculture submits a
report to Congress on the economic impacts of these fires. The
amendment does not prohibit the use of prescribed fire as part
of wildfire suppression activities. (10 minutes)
5. McClintock (CA): Prohibits the U.S. Forest Service from
removing any roads or trails unless there has been a specific
decision, which included adequate and appropriate public
involvement, to decommission the specific road or trail in
question. (10 minutes)
6. LaMalfa (CA): Limits the Department of Justice efforts
to seek damages beyond actual damage to property, public lands
and firefighting and restoration costs in states with laws
limiting such damages. (10 minutes)
7. LaMalfa (CA): Streamlines the U.S. Forest Service's
post-wildfire efforts by including reforestation, site
rehabilitation and salvage operations as eligible to be
conducted as a part of suppression efforts and adds funding
flexibility for such work. (10 minutes)

PART A--TEXT OF AMENDMENTS TO H.R. 687 MADE IN ORDER

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

At the end of section 4 (page 14, after line 14), add the
following new subsection:
(k) Requiring Mining Plan for Conveyed Federal Lands to
Support Local Workforce.--As an additional condition of the
land exchange under this Act, and to ensure compliance with the
findings and purpose of this Act specified in section 2,
Resolution Copper shall agree--
(1) to locate in the town of Superior, Arizona, or a
contiguous, neighboring mining community the remote
operation center for mining operations on the Federal
land; and
(2) to maintain such remote operation center for the
duration of the mining operations on the Federal land.
----------

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

Page 14, after line 14, insert the following new subsection:
(k) Exclusion of Native American Sacred and Cultural Sites.--
The Federal land to be conveyed under this section shall not
include any Native American sacred or cultural site, whether
surface or subsurface, and the Secretary shall modify the map
referred to in section 3(2) to exclude all such sacred and
cultural sites, as identified by the Secretary in consultation
with affected Indian tribes to determine appropriate measures
necessary to protect and preserve sacred and cultural sites.
Nothing in this Act shall limit access of affected tribes to
these sacred and cultural sites.
----------

3. An Amendment To Be Offered by Representative Napolitano of
California or Her Designee, Debatable for 10 Minutes

At the end of the bill (page 25, after line 12), add the
following new section:

SEC. 10. SAVINGS CLAUSE.

Nothing in this Act shall be construed to affect any other
provision of law protecting water quality and availability.

PART B--TEXT OF AMENDMENT TO H.R. 1526 CONSIDERED AS ADOPTED

Page 13, strike lines 14 through 19, and insert the
following:
(d) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in
the land and resource management plan for the unit of the
National Forest System in which the covered forest reserve
project will be carried out as necessary to achieve the
requirements of
Page 44, line 2, strike ``60 days'' and insert ``90 days''.
Page 104, line 23, strike ``title'' and insert ``subtitle''.
Page 107, line 2, strike ``Council Creek Land Conveyance''
and insert ``Canyon Mountain Land Conveyance''.
Page 107, line 16, strike ``180 days'' and insert ``one
year''.
Page 109, lines 6 and 7, strike ``commercial forestry
activity'' and insert ``forest management activity''.
Page 110, line 7, strike ``180 days'' and insert ``one
year''.
Page 111, lines 21 and 22, strike ``commercial forestry
activity'' and insert ``forest management activity''.
Page 114, line 4, strike ``law'' and insert ``statute''.
Page 114, line 12, insert after the period the following:
``If the unit of the National Forest System in which a
community forest demonstration area is being established
contains more than 5,000,000 acres, the community forest
demonstration area may include 900,000 or more acres of
National Forest System land.''.
Page 114, strike lines 13 through 17, and insert the
following:
(2) Management law or best management practices
requirement.--A community forest demonstration area may
be established in a State only if the State--
(A) has a forest practices law applicable to
State or privately owned forest land in the
State; or
(B) has established silvicultural best
management practices or other regulations for
forest management practices related to clean
water, soil quality, wildlife or forest health.
Page 115, line 19, strike ``2,000,000 acres'' and insert
``4,000,000 acres''.
Page 121, line 21, strike ``223.48 of title 36'' and insert
``subpart F of part 223 of title 36''.
Page 125, lines 9 and 10, strike ``No later than February
2014'' and insert ``During the month of February 2015''.
Page 125, strike lines 16 through 25, and insert the
following:
(b) Counties That Were Eligible for Direct County Payments.--
(1) Total amount available for payments.--During the
month of February 2015, the Secretary of the Interior
shall distribute to all counties that received a
payment for fiscal year 2010 under subsection (a)(2) of
section 102 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112)
payments in a total amount equal to the difference
between--
(A) the total amount distributed to all such
counties for fiscal year 2010 under subsection
(c)(1) of such section; and
(B) $27,000,000.
(2) County share.--From the total amount determined
under paragraph (1), each county described in such
paragraph shall receive, during the month of February
2015, an amount that bears the same proportion to the
total amount made available under such paragraph as
that county's payment for fiscal year 2010 under
subsection (c)(1) of section 102 of the Secure Rural
Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7112) bears to the total amount distributed
to all such counties for fiscal year 2010 under such
subsection.
Page 125, after line 25, add the following:
(c) Effect on 25-percent and 50-percent Payments.--A county
that receives a payment made under subsection (a) or (b) may
not receive a 25-percent payment or 50-percent payment (as
those terms are defined in section 3 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7102)) for fiscal year 2015.
Page 129, line 22, strike ``Section'' and insert ``Effective
October 1, 2014, section''.

PART C--TEXT OF AMENDMENTS TO H.R. 1526 MADE IN ORDER

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

Page 16, line 7, insert before the period the following: ``,
except that a court of the United States may not issue a
restraining order, preliminary injunction, or injunction
pending appeal covering a covered forest reserve project in
response to an allegation that the Secretary violated any
procedural requirement applicable to how the project was
selected, planned, or analyzed''.
----------

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

At the end of title I, page 17, after line 23, add the
following new section:

SEC. 106. ANNUAL REPORT.

(a) Report Required.--Not later than 60 days after the end of
each fiscal year, the Secretary shall submit to Congress an
annual report specifying the annual volume requirement in
effect for that fiscal year for each Forest Reserve Revenue
Area, the volume of board feet actually harvested for each
Forest Reserve Revenue Area, the average cost of preparation
for timber sales, the forest reserve revenues generated from
such sales, and the amount of receipts distributed to each
beneficiary county.
(b) Form of Report.--The information required by subsection
(a) to be provided with respect to a Forest Reserve Revenue
Area shall be presented on a single page. In addition to
submitting each report to Congress, the Secretary shall also
make the report available on the website of the Forest Service.
----------

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

Page 23, line 10, add after the period the following new
sentence: ``In addition, if the primary purpose of a hazardous
fuel reduction project or a forest health project under this
title is the salvage of dead, damaged, or down timber resulting
from wildfire occurring in 2013, the hazardous fuel reduction
project or forest health project, and any decision of the
Secretary concerned in connection with the project, shall not
be subject to judicial review or to any restraining order or
injunction issued by a United States court.''.
----------

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

At the end of title II (page 26, after line 22), add the
following new section:

SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN MARK TWAIN NATIONAL
FOREST, MISSOURI, PENDING REPORT.

(a) Moratorium.--Except as provided in subsection (b), the
Secretary of Agriculture may not conduct any prescribed fire in
Mark Twain National Forest, Missouri, under the Collaborative
Forest Landscape Restoration Project until the report required
by subsection (c) is submitted to Congress.
(b) Exception for Wildfire Suppression.--Subsection (a) does
not prohibit the use of prescribed fire as part of wildfire
suppression activities.
(c) Report Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Agriculture
shall submit to Congress a report containing an evaluation of
recent and current Forest Service management practices for Mark
Twain National Forest, including lands in the National Forest
enrolled, or under consideration for enrollment, in the
Collaborative Forest Landscape Restoration Project to convert
certain lands into shortleaf pine-oak woodlands, to determine
the impact of such management practices on forest health and
tree mortality. The report shall specifically address--
(1) the economic costs associated with the failure to
utilize hardwoods cut as part of the Collaborative
Forest Landscape Restoration Project and the subsequent
loss of hardwood production from the treated lands in
the long term;
(2) the extent of increased tree mortality due to
excessive heat generated by prescribed fires;
(3) the impacts to water quality and rate of water
run off due to erosion of the scorched earth left in
the aftermath of the prescribed fires; and
(4) a long-term plan for evaluation of the impacts of
prescribed fires on lands previously burned within the
Eleven Point Ranger District.
----------

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

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

SEC. 508. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS
AND TRAILS.

The Forest Service shall not remove or otherwise eliminate or
obliterate any legally created road or trail unless there has
been a specific decision, which included adequate and
appropriate public involvement, to decommission the specific
road or trail in question. The fact that any road or trail is
not a Forest System road or trail, or does not appear on a
Motor Vehicle Use Map, shall not constitute a decision.
----------

6. An Amendment To Be Offered by Representative LaMalfa of California
or His Designee, Debatable for 10 Minutes

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

SEC. 508. LIMITATIONS ON TYPES OF DAMAGES THE FEDERAL GOVERNMENT MAY
SEEK ARISING FROM WILDFIRES.

The Attorney General, acting on behalf of the United States,
may not seek intangible damages from a landowner from whose
land wildfire escaped to Federal land when such intangible
damages are not permitted by the law of the State in which the
landowner's land is located.
----------

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

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

SEC. 508. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED
ACTIVITIES.

For purposes of utilizing amounts made available to the
Secretary of Agriculture or the Secretary of the Interior for
fire suppression activities, including funds made available
from the FLAME Fund, the term ``fire suppression'' includes
reforestation, site rehabilitation, salvage operations, and
replanting occurring following fire damage on lands under the
jurisdiction of the Secretary concerned or following fire
suppression efforts on such lands by the Secretary concerned.