[House Report 114-290]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      114-290

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 538) TO FACILITATE THE 
 DEVELOPMENT OF ENERGY ON INDIAN LANDS BY REDUCING FEDERAL REGULATIONS 
THAT IMPEDE TRIBAL DEVELOPMENT OF INDIAN LANDS, AND FOR OTHER PURPOSES, 
  AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 702) TO ADAPT TO 
                  CHANGING CRUDE OIL MARKET CONDITIONS

                                _______
                                

  October 7, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 466]

    The Committee on Rules, having had under consideration 
House Resolution 466, 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. 538, the 
Native American Energy 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 114-30 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 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. 702, to adapt to changing crude oil market conditions, 
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 Energy and 
Commerce. 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 114-29 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 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

    The waiver of all points of order against consideration of 
H.R. 538 includes a waiver of 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.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 538 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 to H.R. 538 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. 702, 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. 702 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 to H.R. 702 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. 112

    Motion by Mr. McGovern to report open rules for H.R. 702 & 
H.R. 538. Defeated: 1-7

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

     SUMMARY OF THE AMENDMENTS TO H.R. 538 IN PART A MADE IN ORDER

    1. Young, Don (AK): MANAGER'S Clarifies that a state, 
tribes, and local governments in an affected area of a proposed 
federal action on Indian lands may continue as provided under 
current law to comment on an environmental impact statement 
required under the National Environmental Policy Act, and that 
Section 4 shall not limit any public comment on a federal 
action concerning gaming on Indian lands under the Indian 
Gaming Regulatory Act. (10 minutes)
    2. Lujan Grisham (NM): Allows the Forest Service to create 
a pilot program that would execute contracts with tribes to 
perform administrative, management, and other functions of 
programs of the Tribal Forest Protection Act of 2004. (10 
minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 702 IN PART B MADE IN ORDER

    1. Amash (MI): Strikes section 6 and its related findings 
in section 1. The amendment removes the provision increasing 
the authorization of appropriations for the Maritime Security 
Fleet. (10 minutes)
    2. Delaney (MD), Curbelo (FL), Gibson (NY): Adds an 
additional finding that the United States has reduced its oil 
consumption over the past decade, and increasing investment in 
clean energy technology and energy efficiency will lower energy 
prices, reduce greenhouse gas emissions and increase national 
security. (10 minutes)
    3. Huffman (CA): Requires the Secretary of the Energy to 
complete a study on the net greenhouse gas emissions that will 
result from the repeal of the crude oil export ban. (10 
minutes)
    4. Lawrence (MI): Requires a study of the State of national 
implications of lifting the crude oil export ban with respect 
to consumers and the economy. (10 minutes)
    5. Messer, Luke (IN), Lowenthal (CA): Ensures the 
Administration is able to ban the export of crude oil to state 
sponsors of terrorism. (10 minutes)
    6. Messer, Luke (IN): Prohibits the export of crude oil, 
refined petroleum products, and petrochemical products to the 
Islamic Republic of Iran. (10 minutes)
    7. Cuellar (TX): Provides the Department of Energy 
authority to continue developing partnerships in the areas of 
oil and gas exploration, production, midstream, and refining 
with minority serving institutions, including Hispanic Serving 
Institutions and Historically Black Colleges and Universities. 
The Amendment would encourage public private partnerships 
between the Department of Energy and minority serving 
institutions. (10 minutes)
    8. Garamendi (CA): Inserts safeguards to protect against 
the rise of domestic oil prices significantly above world 
market levels, as well as the decline of domestic oil refinery 
capacity. (10 minutes)
    9. Jackson Lee (TX): Requires the lifted ban to be assessed 
after 10 years and directs the Secretaries of Energy and 
Commerce to work together to review the impact of lifting the 
ban as it relates to promoting U.S. energy and national 
security and report their findings to Congress. (10 minutes)
    10. Jackson Lee (TX): Directs the Secretaries of Energy and 
Commerce to work together and submit a report within 180 days 
on how lifting the ban on crude oil exports will help create 
opportunities for veterans and women in the U.S., while 
promoting energy and national security. (10 minutes)

          PART A--TEXT OF AMENDMENTS TO H.R. 538 MADE IN ORDER

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

  Page 4, strike lines 9 through 15, and insert the following:
          ``(1) Review and comment.--
                  ``(A) In general.--Except as provided in 
                subparagraph (B), the statement required under 
                subsection (a)(2)(C) for a major Federal action 
                regarding an activity on Indian lands of an 
                Indian tribe shall only be available for review 
                and comment by the members of the Indian tribe, 
                other individuals residing within the affected 
                area, and State, federally recognized tribal, 
                and local governments within the affected area.
                  ``(B) Exception.--Subparagraph (A) shall not 
                apply to a statement for a major Federal action 
                regarding an activity on Indian lands of an 
                Indian tribe related to gaming under the Indian 
                Gaming Regulatory Act.
                              ----------                              


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

  Page 12, after line 6, insert the following:

``SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

  ``The Secretary of the Interior and the Secretary of 
Agriculture may carry out demonstration projects by which 
federally recognized Indian tribes or tribal organizations may 
contract to perform administrative, management, and other 
functions of programs of the Tribal Forest Protection Act of 
2004 (25 U.S.C. 3115a et seq.) through contracts entered into 
under the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq).''.
                              ----------                              


          PART B--TEXT OF AMENDMENTS TO H.R. 702 MADE IN ORDER

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

  Page 2, lines 3 through 15, strike paragraphs (5) and (6).
  Page 3, line 18, through page 4, line 21, strike section 6.
                              ----------                              


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

  Page 2, after line 15, insert the following:
          (7) The United States has reduced its oil consumption 
        over the past decade, and increasing investment in 
        clean energy technology and energy efficiency will 
        lower energy prices, reduce greenhouse gas emissions, 
        and increase national security.
                              ----------                              


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

  Page 3, line 4, insert ``(a) Strategic Petroleum Reserve'' 
before ``Not later than''.
  Page 3, after line 10, insert the following:
  (b) Greenhouse Gas Emissions.--Not later than 120 days after 
the date of enactment of this Act, the Secretary of Energy 
shall conduct, and transmit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate the results of, a 
study on the net greenhouse gas emissions that will result from 
the repeal of the crude oil export ban under section 2.
                              ----------                              


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

  Page 3, line 4, insert ``(a) Strategic Petroleum Reserve 
Study.--'' before ``Not later than''.
  Page 3, after line 10, insert the following:
  (b) Crude Oil Export Study.--
          (1) In general.--The Department of Commerce, in 
        consultation with the Department of Energy, and other 
        departments as appropriate, shall conduct a study of 
        the State and national implications of lifting the 
        crude oil export ban with respect to consumers and the 
        economy.
          (2) Contents.--The study conducted under paragraph 
        (1) shall include an analysis of--
                  (A) the economic impact that exporting crude 
                oil will have on the economy of the United 
                States;
                  (B) the economic impact that exporting crude 
                oil will have on consumers, taking into account 
                impacts on energy prices;
                  (C) the economic impact that exporting crude 
                oil will have on domestic manufacturing, taking 
                into account impacts on employment; and
                  (D) the economic impact that exporting crude 
                oil will have on the refining sector, taking 
                into account impacts on employment.
          (3) Report to congress.--Not later than 1 year after 
        the date of enactment of this Act, the Bureau of 
        Industry and Security shall submit to Congress a report 
        containing the results of the study conducted under 
        paragraph (1).
                              ----------                              


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

  Page 3, line 15, strike ``or''.
  Page 3, line 17, after ``(42 U.S.C. 6271 et seq.)'' insert 
the following: ``, the Trading With the Enemy Act (50 U.S.C. 
App. 1 et seq.), or any other provision of law that imposes 
sanctions on a foreign person or foreign government (including 
any provision of law that prohibits or restricts United States 
persons from engaging in a transaction with a sanctioned person 
or government), including a foreign government that is 
designated as a state sponsor of terrorism,''.
                              ----------                              


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

  Add at the end the following:

SEC. 7. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED PETROLEUM 
                    PRODUCTS, AND PETROCHEMICAL PRODUCTS TO THE ISLAMIC 
                    REPUBLIC OF IRAN.

  Nothing in this Act shall be construed to authorize the 
export of crude oil, refined petroleum products, and 
petrochemical products by or through any entity or person, 
wherever located, subject to the jurisdiction of the United 
States to any entity or person located in, subject to the 
jurisdiction of, or sponsored by the Islamic Republic of Iran.
                              ----------                              


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

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

SEC. 7. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.

  (a) In General.--The Department of Energy shall continue to 
develop and broaden partnerships with minority serving 
institutions, including Hispanic Serving Institutions (HSI) and 
Historically Black Colleges and Universities (HBCUs) in the 
areas of oil and gas exploration, production, midstream, and 
refining.
  (b) Public-private Partnerships.--The Department of Energy 
shall encourage public Private partnerships between the energy 
sector and minority serving institutions, including Hispanic 
Serving Institutions and Historically Black Colleges and 
Universities.
                              ----------                              


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

  At the end of the bill add the following:

SEC. 7. NATIONAL INTEREST PROTECTION.

  If the Secretary of Commerce finds that exporting crude oil 
under authority of this Act has caused sustained material crude 
oil supply shortages or sustained crude oil prices 
significantly above world market levels and further finds that 
these supply shortages or price increases have caused or are 
likely to cause sustained material adverse employment or 
reduced domestic crude oil refinery capacity effects in the 
United States relative to current employment and capacity 
levels as of the date of enactment of this Act, the Secretary 
of Commerce, in consultation with the Secretary of Energy, 
shall recommend, and the President may take, appropriate 
actions reducing exports of this crude oil, which may include 
modifying or revoking authority to export such crude oil.
                              ----------                              


9. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable For 10 Minutes

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

SEC. 7. REPORT.

  Not later than 10 years after the date of enactment of this 
Act, the Secretary of Energy and the Secretary of Commerce 
shall jointly transmit to Congress a report that reviews the 
impact of lifting the oil export ban under this Act as it 
relates to promoting United States energy and national 
security.
                              ----------                              


 10. An Amendment To Be Offered by Representative Jackson Lee of Texas 
               or Her Designee, Debatable For 10 Minutes

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

SEC. 7. REPORT TO CONGRESS.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary of Energy and the Secretary of Commerce 
shall jointly transmit to Congress a report analyzing how 
lifting the ban on crude oil exports will help create 
opportunities for veterans and women in the United States, 
while promoting energy and national security.

                                  [all]