[House Report 113-340]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-340

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2954) TO AUTHORIZE 
ESCAMBIA COUNTY, FLORIDA, TO CONVEY CERTAIN PROPERTY THAT WAS FORMERLY 
 PART OF SANTA ROSA ISLAND NATIONAL MONUMENT AND THAT WAS CONVEYED TO 
 ESCAMBIA COUNTY SUBJECT TO RESTRICTIONS ON USE AND RECONVEYANCE, AND 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3964) TO ADDRESS CERTAIN 
 WATER-RELATED CONCERNS IN THE SACRAMENTO-SAN JOAQUIN VALLEY, AND FOR 
                             OTHER PURPOSES

                                _______
                                

  February 4, 2014.--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. 472]

    The Committee on Rules, having had under consideration 
House Resolution 472, by a record vote of 9 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. 2954, to 
authorize Escambia County, Florida, to convey certain property 
that was formerly part of Santa Rosa Island National Monument 
and that was conveyed to Escambia County subject to 
restrictions on use and reconveyance, 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 an amendment in the nature of a substitute consisting 
of the text of Rules Committee Print 113-35 and provides that 
it shall be considered as read. The resolution waives all 
points of order against that amendment in the nature of a 
substitute. The resolution makes in order only those further 
amendments to H.R. 2954 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 rule provides one motion 
to recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 3964, the Sacramento-San Joaquin Valley Emergency Water 
Delivery 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 makes in 
order as original text for the purpose of amendment an 
amendment in the nature of a substitute consisting of the text 
of Rules Committee Print 113-34 and provides that it shall be 
considered as read. The resolution waives all points of order 
against that amendment in the nature of a substitute. The 
resolution makes in order only those further amendments to H.R. 
3964 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.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 2954, 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 to H.R. 2954 made in order as 
original text, includes a waiver of clause 7 of rule XVI, which 
requires that no motion or proposition on a subject different 
from that under consideration shall be admitted under color of 
amendment.
    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.
    The waiver of all points of order against consideration of 
H.R. 3964 includes a waiver of section 303 of the Congressional 
Budget Act of 1974, which prohibits consideration of 
legislation providing new budget authority, change in revenues, 
change in public debt, new entitlement authority, or new credit 
authority for a fiscal year until the budget resolution for 
that year has been agreed to and section 311 of the 
Congressional Budget Act of 1974, which prohibits consideration 
of legislation that would cause the level of total new budget 
authority for the first fiscal year to be exceeded, or would 
cause revenues to be less than the level of total revenues for 
the first fiscal year or for the total of that first fiscal 
year and the ensuing fiscal years for which allocations are 
provided. While the bill reduces net spending by $189 million 
over 10 years and the deficit by $162 million, the bill also 
reduces revenues over the same period.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 3964 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 B of 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. 107

    Motion by Ms. Foxx to report the rule. Adopted: 9-3.

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

           SUMMARY OF THE AMENDMENTS TO H.R. 2954 IN PART A 
                             MADE IN ORDER

    1. Grijalva (AZ): Strikes the restriction on federal land 
acquisition. (10 minutes)
    2. Lummis (WY), Labrador (ID): Conforms with Senate changes 
to FLPMA, allows the Secretary to consolidate environmental 
reviews, clarifies the definition of current grazing 
management, and ensures a timely response for temporary 
trailing and crossing applications. (10 minutes)
    3. Labrador (ID): Requires the non-prevailing, not directly 
affected party in a challenge to the Secretary's final grazing 
decision to pay the directly affected prevailing party incurred 
fees and expenses, and clarifies the definition of a directly 
affected party. (10 minutes)
    4. McClintock (CA): Amends Title IX of the bill to allow 
the Forest Service added flexibility to implement a salvage 
logging plan on lands affected by the Rim Fire while protecting 
sensitive areas and maximizing revenue to fund reforestation. 
(10 minutes)
    5. Young, Don (AK): Would approve an Alaska Native Veterans 
land allotment application and convey the land associated with 
the application. (10 minutes)

           SUMMARY OF THE AMENDMENTS TO H.R. 3964 IN PART B 
                             MADE IN ORDER

    1. Napolitano (CA): Removes the subsidy to agricultural 
loans and require that interest be repaid on the capital costs 
of a project. Currently, agriculture has 40 years to repay 
capital cost, interest free. Other constituencies, such as 
municipal entities, are required by law to pay interest. (10 
minutes)
    2. Matsui (CA): Section 107 will not suspend ``b2'' water 
(800,000 acre feet) that was allocated in the 1992 Central 
Valley Project Improvement Act. Senior water rights holders in 
the Delta or north of Delta shall not be responsible for the 
project yield allocation or B2 water. (10 minutes)
    3. Bera (CA), McNerney (CA), Thompson, Mike (CA), Matsui 
(CA), Garamendi (CA), Swalwell (CA): Delays implementation of 
the act until it is determined that it will not have a negative 
impact on the quantity, quality, and safety of drinking water 
in the California Delta region. (10 minutes)
    4. Capps (CA): Requires GAO to conduct a study on the 
resiliency and adaptability of all Bureau of Reclamation 
projects and facilities to any ongoing or forecasted changes to 
the quality, quantity, or reliability of water resources. (10 
minutes)
    5. DeFazio (OR), Huffman (CA), DelBene (WA), Speier (CA), 
Thompson, Mike (CA): Establishes the Governor of California's 
emergency drought declaration, issued January 17, 2014, as a 
formal request to the Secretary of Commerce to issue a 
determination, using her authority under Section 312 of the 
Magnuson-Stevens Act, that a fishery resource disaster has 
occurred for fisheries that originate in the State of 
California. (10 minutes)
    6. Huffman (CA): Prevents provisions of the bill from 
taking effect until it has been determined that it will not 
interfere with the State of California's Delta and water 
management reform and funding Acts of 2009, including SB7x-1, 
SB7x-2, SB7x-6, and SB7x-7. (10 minutes)
    7. McNerney (CA): Prevents several provisions of the Act 
from taking effect until it is determined that it will not harm 
water quality or water availability for agricultural producers 
in California's Delta region (Contra Costa, Sacramento, San 
Joaquin, Solano, and Yolo Counties). (10 minutes)
    8. Peters, Scott (CA): Stipulates that the bill cannot go 
into effect until the Secretary confirms that the act does not 
adversely affect any community's water supply or water budget. 
(10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 2954 MADE IN ORDER

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

  Strike title IV.
                              ----------                              


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

  Page 17, strike lines 3 through 12.
  Page 17, line 13, strike ``(3)'' and insert ``(2)''.
  Page 17, line 14, strike ``subsection'' and insert 
``subsections''.
  Page 17, line 17, after ``decision'' insert ``concerning 
renewal, transfer or reissuance of a grazing permit or lease''.
  Page 17, line 18, before the first period insert ``or appeal 
officer as applicable''.
  Page 18, strike lines 7 through 10 and insert ``existing 
permit or lease.''.
  Page 20, line 15, after ``the'' insert ``applicable''.
  Page 20, line 15, strike ``and'' and insert ``or''.
  Page 20, strike line 22 through page 21, line 4, and insert 
the following:
  ``(g) Environmental Reviews.--
          ``(1) The Secretary concerned, in the sole discretion 
        of the Secretary concerned, shall determine the 
        priority and timing for completing required 
        environmental reviews regarding any grazing allotment, 
        permit, or lease based on the environmental 
        significance of the allotment, permit, or lease and 
        available funding for that purpose.
          ``(2) The Secretary concerned shall seek to conduct 
        environmental reviews on an allotment or multiple 
        allotment basis, to the extent practicable, for 
        purposes of compliance with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
        applicable laws.
  Page 21, line 12, after the first period, insert the 
following:
  ``(i) Temporary Trailing and Crossing.--
          ``(1) Any application for temporary trailing or 
        crossing that has been submitted in a timely manner or 
        not less than 30 days prior to the anticipated trailing 
        or crossing shall be granted, modified or denied not 
        less than fifteen days prior to the date of requested 
        crossing or trailing. The minimum times specified in 
        this subsection shall not preclude the approval of an 
        application in a shorter time where an immediate need 
        exists.
          ``(2) Temporary trailing or crossing authorizations 
        across lands administered by the Bureau of Land 
        Management or the Forest Service system of lands shall 
        not be subject to protest or appeal except by the 
        applicant or an affected permittee or lessee.
                              ----------                              


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

  Page 17, line 18, after the first period, insert the 
following:
  ``(j) Legal Fees.--
          ``(1) Any person, other than a directly affected 
        party, challenging an action of the Secretary concerned 
        regarding a final grazing decision in Federal court who 
        is not a prevailing party shall pay to the prevailing 
        parties (including a directly affected party who 
        intervenes in such suit) fees and other expenses 
        incurred by that party in connection with the challenge 
        unless the Court finds that the position of the person 
        was substantially justified.
          ``(2) For purposes of this subsection, the term 
        ``directly affected party'' means any applicant, 
        permittee, or lessee (or any organization representing 
        applicants, permittees or lessees) whose interest in 
        grazing livestock is directly affected by the final 
        grazing decision.''.
                              ----------                              


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

  Strike title IX and insert the following new title:

                TITLE IX--RIM FIRE EMERGENCY SALVAGE ACT


SEC. 901. SHORT TITLE.

  This title may be cited as the ``Rim Fire Emergency Salvage 
Act''.

SEC. 902. EXPEDITED FOREST SERVICE TIMBER SALVAGE AND RESTORATION PILOT 
                    PROJECTS IN RESPONSE TO THE CALIFORNIA RIM FIRE.

  (a) Pilot Projects Required.--As part of the restoration and 
rehabilitation activities undertaken on the lands within the 
Stanislaus National Forest adversely impacted by the 2013 Rim 
Fire in California, the Secretary of Agriculture shall conduct 
a timber salvage and restoration pilot project on burned 
National Forest System land within the Rim Fire perimeter.
  (b) Management Plan.--
          (1) Use of eis proposed alternative.--The Secretary 
        of Agriculture shall conduct the pilot project required 
        by subsection (a) in the manner provided in the 
        proposed alternative contained in the draft 
        environmental impact statement noticed in the Federal 
        Register on December 6, 2013, for Rim Fire recovery.
          (2) Modification.--During the course of the pilot 
        project, the Secretary may adopt such modifications to 
        the management plan as the Secretary considers 
        appropriate in response to public comment and 
        consultation with interested Federal, State, and tribal 
        agencies.
  (c) Legal Sufficiency.--The pilot project required by 
subsection (a), and activities conducted under the pilot 
project, are deemed to be in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
section 14 of the National Forest Management Act of 1976 (16 
U.S.C. 472a), the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1600 et seq.), the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
  (d) Administrative and Judicial Review and Action.--The pilot 
project required by subsection (a), and activities conducted 
under the pilot project, are not subject to--
          (1) administrative review;
          (2) judicial review by any court of the United 
        States; or
          (3) a temporary restraining order or preliminary 
        injunction based on environmental impacts in a case for 
        which a final decision has not been issued.

SEC. 903. SENSE OF CONGRESS REGARDING USE OF FUNDS GENERATED FROM 
                    SALVAGE SALES CONDUCTED AFTER CATASTROPHIC WILD 
                    FIRES ON NATIONAL FOREST SYSTEM LAND OR BUREAU OF 
                    LAND MANAGEMENT LANDS.

  It is the sense of Congress that the Secretary of 
Agriculture, with respect to National Forest System lands, and 
the Secretary of the Interior, with respect to Bureau of Land 
Management land, should use existing authorities available to 
the Secretary to retain revenues (other than revenues required 
to be deposited in the general fund of the Treasury) generated 
by salvage sales conducted in response to catastrophic wild 
fires on such land to cover the cost of restoration projects on 
such land.
                              ----------                              


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

  At the end of the bill, add the following:

               TITLE XI--ALASKA NATIVE VETERAN ALLOTMENT

SEC. 1101. ALASKA NATIVE VETERAN ALLOTMENT.

  (a) Definitions.--In this section:
          (1) Application.--The term ``application'' means the 
        Alaska Native Veteran Allotment application numbered 
        AA-084021-B.
          (2) Federal land.--The term ``Federal land'' means 
        the 80 acres of Federal land that is--
                  (A) described in the application; and
                  (B) depicted as Lot 2 in U.S. Survey No. 
                13957, Alaska, that was officially filed on 
                October 9, 2009.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
  (b)  Issuance of Patent.--Notwithstanding section 41 of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1629g) and 
subject to subsection (c), the Secretary shall--
          (1) approve the application; and
          (2) issue a patent for the Federal land to the person 
        that submitted the application.
  (c) Terms and Conditions.--
          (1) In general.--The patent issued under subsection 
        (b) shall--
                  (A) only be for the surface rights to the 
                Federal land; and
                  (B) be subject to the terms and conditions of 
                any certificate issued under section 41 of the 
                Alaska Native Claims Settlement Act (43 U.S.C. 
                1629g), including terms and conditions 
                providing that--
                          (i) the patent is subject to valid 
                        existing rights, including any right of 
                        the United States to income derived, 
                        directly or indirectly, from a lease, 
                        license, permit, right-of-way, or 
                        easement on the Federal land; and
                          (ii) the United States shall reserve 
                        an interest in deposits of oil, gas, 
                        and coal on the Federal land, including 
                        the right to explore, mine, and remove 
                        the minerals on portions of the Federal 
                        land that the Secretary determines to 
                        be prospectively valuable for 
                        development.
          (2) Additional terms and conditions.--The Secretary 
        may require any additional terms and conditions for the 
        issuance of the patent under subsection (a) that the 
        Secretary determines to be appropriate to protect the 
        interests of the United States.

         PART B--TEXT OF AMENDMENTS TO H.R. 3964 MADE IN ORDER

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

  Page 4, line 24, after the first period, insert the 
following: ``Charges for all delivered water shall include 
interest, as determined by the Secretary of the Treasury, on 
the basis of average market yields on outstanding marketable 
obligations of the United States with the remaining periods of 
maturity comparable to the applicable reimbursement period of 
the project, adjusted to the nearest 1/8 of 1 percent on the 
underpaid balance of the allocable project cost.''.
                              ----------                              


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

  Page 18, line 24, strike ``shall be'' and all that follows 
through the first period on page 19, line 2, and insert the 
following: ``shall not be suspended, but rather shall continue 
to be the responsibility of south of Delta CVP contractors.''.
                              ----------                              


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

  At the end of the bill, add the following:

SEC. 504. PROTECTIONS FOR DELTA COUNTIES.

  This Act and the amendments made by this Act shall not have a 
harmful effect on the quality, quantity, or safety of drinking 
water supplies for residents of the five Delta Counties (Contra 
Costa County, Sacramento County, San Joaquin County, Solano 
County, and Yolo County, California).
                              ----------                              


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

  At the end of the bill, add the following:

SEC. 504. STUDY ON WATER RESOURCES.

  Not later than one year after the date of enactment of this 
Act, the Comptroller General of the United States shall conduct 
a study and submit a report to the Congress on the resiliency 
and adaptability of all Bureau of Reclamation projects and 
facilities in California to any ongoing or forecasted changes 
to the quality, quantity, or reliability of water resources. 
The study shall include recommendations on how to strengthen 
the resiliency and adaptability of the Bureau's projects and 
facilities in California.
                              ----------                              


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

  Add at the end of the bill, the following:

SEC. 504. FISHERIES DISASTER DECLARATION.

  The Proclamation of State Emergency and associated Executive 
Order issued by Governor Edmund G. Brown, Jr. on January 17, 
2014, shall be considered a request by the Governor for 
purposes of section 312(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a) to determine 
that a fishery resource disaster exists for fisheries that 
originate in the State of California.
                              ----------                              


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

  At the end of the bill, add the following:

SEC. 504. STATE OF CALIFORNIA WATER REFORM LAWS.

  Nothing in this Act or the amendments made by this Act shall 
interfere with the State of California's Delta and water 
management reform and funding bills of 2009, including SB7x-1, 
SB7x-2, SB7x-6, and SB7x-7.
                              ----------                              


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

  At the end of the bill, add the following:

SEC. 504. EFFECTIVE DATE CONDITIONS.

  Nothing in this Act shall take effect until the Secretary of 
the Interior, in consultation with the Secretary of 
Agriculture, determines that carrying out this Act and the 
amendments made by this Act shall not have a harmful effect on 
water quality or water availability for agricultural producers 
in the five Delta Counties (Contra Costa County, Sacramento 
County, San Joaquin County, Solano County, and Yolo County, 
California).
                              ----------                              


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

  At the end of the bill, add the following (and conform the 
table of contents accordingly):

SEC. 504. COMMUNITY WATER SUPPLIES AND WATER BUDGETS NOT ADVERSELY 
                    AFFECTED.

  This Act and the amendments made by this Act shall not 
adversely affect any community's water supply or water budget 
for future years, taking into account predicted dry years. For 
the purpose of this section, the term ``water budget'' means an 
accounting of the rates of water movement and the change in 
water storage in all or parts of the atmosphere, land surface, 
and subsurface of an area.

                                  
