[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

----------------------------------------------------------------------------------------------------------------
                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. 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

----------------------------------------------------------------------------------------------------------------
                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
----------------------------------------------------------------------------------------------------------------

     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.

                                  
