[House Report 114-204]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      114-204

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2898) TO PROVIDE DROUGHT 
    RELIEF IN THE STATE OF CALIFORNIA, AND FOR OTHER PURPOSES, AND 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3038) TO PROVIDE AN 
EXTENSION OF FEDERAL-AID HIGHWAY, HIGHWAY SAFETY, MOTOR CARRIER SAFETY, 
 TRANSIT, AND OTHER PROGRAMS FUNDED OUT OF THE HIGHWAY TRUST FUND, AND 
                           FOR OTHER PURPOSES

                                _______
                                

   July 14, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 362]

    The Committee on Rules, having had under consideration 
House Resolution 362, 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. 2898, the 
Western Water and American Food Security Act of 2015, 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 
purpose of amendment an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 114-23 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 printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 3038, the Highway and Transportation Funding Act of 2015, 
Part II, under a closed rule. The resolution provides one hour 
of debate equally divided among and controlled by the chairs 
and ranking minority members of the Committee on Transportation 
and Infrastructure and the Committee on Ways and Means. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution provides one 
motion to recommit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 2898 includes waivers of the following:
           Clause 3(e)(1) of rule XIII (``Ramseyer''), 
        requiring a committee report accompanying a bill 
        amending or repealing statutes to show, by 
        typographical device, parts of statute affected. The 
        waiver is provided because the submission provided by 
        the Committee on Natural Resources was insufficient to 
        meet the standards established by the rule in its 
        current form. The Committee on Rules continues to work 
        with the House Office of Legislative Counsel and 
        committees to determine the steps necessary to comply 
        with the updated rule;
           Clause 4(a) of rule XIII, which prohibits 
        consideration of legislation in the House until the 
        third calendar day on which each report of a committee 
        on that measure or matter has been available to 
        Members, Delegates and the Resident Commissioner. The 
        waiver is necessary because the Committee on Natural 
        Resources filed a supplemental report to accompany H.R. 
        2898 on July 14, 2015. The supplemental report includes 
        the cost estimate from the Congressional Budget Office 
        which was not available at the time of filing.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text to H.R. 2898, 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 to H.R. 2898 printed in 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. 3038, 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. 3038, 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. 87

    Motion by Ms. Slaughter to report open rules for H.R. 2898 
and H.R. 3038. Defeated: 3-9.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................  ............
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 2898 MADE IN ORDER

    1. McClintock (CA): MANAGER'S Makes one technical change 
and one clarifying change to the bill. (10 minutes)
    2. McNerney (CA), DeSaulnier (CA), Garamendi (CA), Costa 
(CA): Adds water hyacinth to the list of invasive species to be 
considered for the pilot project established under the 
legislation. (10 minutes)
    3. Garamendi (CA): Directs the Secretaries to collaborate 
with the California Department of Water Resources to install a 
fish screen at the Delta Cross Channel Gates. (10 minutes)
    4. LaMalfa (CA): Updates feasibility study completion 
requirements to align with a recently-signed MOU between the 
project joint powers authority and the Bureau of Reclamation. 
(10 minutes)
    5. Calvert (CA), LaMalfa (CA), Denham (CA), Valadao (CA): 
Creates a more balanced approach between user group interests 
on the Restoration Fund Advisory Board by adding a seat for a 
member representing a wildlife entity that primarily focuses on 
waterfowl. (10 minutes)
    6. Costa (CA): Requires the Secretary of the Interior to 
publish an annual report detailing the instream flows released 
for the Central Valley Project and measured outcomes as a 
result of those flows. (10 minutes)
    7. LaMalfa (CA), Walden (OR): Improves due process by 
providing contractors of a federal water project in California 
and Oregon ESA applicant status, ensuring that contractors are 
properly informed of and may provide input to ESA consultations 
that may impact operations of the project. (10 minutes)
    8. Grijalva (AZ): Funds water reclamation programs and 
water reuse projects so that the Bureau of Reclamation may 
investigate more opportunities to reclaim and reuse wastewater 
and naturally impaired ground and surface water in the 17 
Western states and Hawaii. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 2898 MADE IN ORDER

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

  In the table of contents, in the matter regarding section 
204, strike ``calfed'' and insert ``CALFED''.
  Page 155, line 19, strike ``All repayment contracts'' and 
insert ``Except for those repayment contracts under which the 
contractor has previously negotiated for prepayment, all 
repayment contracts''.
  Page 157, line 11, strike ``The following'' and insert 
``Except for those repayment contracts under which the 
contractor has previously negotiated for prepayment, the 
following''.
                              ----------                              


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

  Page 39, line 10, after ``water weed,'' insert ``water 
hyacinth,''.
                              ----------                              


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

  Page 48, after line 19, insert the following:
          (4) collaborate with the California Department of 
        Water Resources to install a fish screen at the Delta 
        Cross Channel Gates in coordination with operations to 
        protect migrating smelt and salmonids;
                              ----------                              


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

  Page 65, strike lines 1 through 6 and insert the following 
(and redesignate the subsequent provisions accordingly):
          (2) complete the feasibility study described in 
        clause (i)(II) of section 103(d)(1)(A) of Public Law 
        108-361 and submit such study to the appropriate 
        committees of the House of Representatives and the 
        Senate not later than November 30, 2016;
          (3) complete a publicly available draft of the 
        feasibility study described in clause (ii)(I) of 
        section 103(d)(1)(A) of Public Law 108-361 and submit 
        such study to the appropriate committees of the House 
        of Representatives and the Senate not later than 
        November 30, 2016;
          (4) complete the feasibility study described in 
        clause (ii)(I) of section 103(d)(1)(A) of Public Law 
        108-361 and submit such study to the appropriate 
        committees of the House of Representatives and the 
        Senate not later than November 30, 2017;
                              ----------                              


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

  Page 81, line 3, strike ``3'' and insert ``2''.
  Page 81, line 12, strike ``and''.
  Page 81, line 15, strike the period and insert ``; and''.
  Page 81, after line 15, insert the following:
                          ``(vi) 1 member shall be a 
                        representative of a wildlife entity 
                        that primarily focuses on waterfowl.''.
                              ----------                              


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

  Page 92, after line 19, insert the following:

SEC. 611. REPORT ON RESULTS OF WATER USAGE.

  The Secretary of the Interior, in consultation with the 
Secretary of Commerce and the Secretary of Natural Resources of 
the State of California, shall publish an annual report 
detailing instream flow releases from the Central Valley 
Project and California State Water Project, their explicit 
purpose and authority, and all measured environmental benefit 
as a result of the releases.
                              ----------                              


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

  Page 92, line 20, insert the following new section:

SEC. 611. KLAMATH PROJECT CONSULTATION APPLICANTS.

  If the Bureau of Reclamation initiates or reinitiates 
consultation with the U.S. Fish and Wildlife Service or the 
National Marine Fisheries Service under section 7(a)(2) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), with 
respect to construction or operation of the Klamath Project (or 
any part thereof), Klamath Project contractors shall be 
accorded all the rights and responsibilities extended to 
applicants in the consultation process. Upon request of the 
Klamath Project contractors, they may be represented through an 
association or organization.
                              ----------                              


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

  Page 162, line 5, strike ``into the'' and all that follows 
through line 15, and insert ``for projects that reclaim and 
reuse wastewaters.''.

                                  [all]