[House Report 116-264]
[From the U.S. Government Publishing Office]


116th Congress    }                                           {    Report
                           HOUSE OF REPRESENTATIVES
 1st Session      }                                           {   116-264

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 823) TO PROVIDE FOR THE 
 DESIGNATION OF CERTAIN WILDERNESS AREAS, RECREATION MANAGEMENT AREAS, 
    AND CONSERVATION AREAS IN THE STATE OF COLORADO, AND FOR OTHER 
   PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1373) TO 
PROTECT, FOR CURRENT AND FUTURE GENERATIONS, THE WATERSHED, ECOSYSTEM, 
   AND CULTURAL HERITAGE OF THE GRAND CANYON REGION IN THE STATE OF 
  ARIZONA, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE 
   BILL (H.R. 2181) TO PROVIDE FOR THE WITHDRAWAL AND PROTECTION OF 
  CERTAIN FEDERAL LAND IN THE STATE OF NEW MEXICO; AND PROVIDING FOR 
 PROCEEDINGS DURING THE PERIOD FROM NOVEMBER 1, 2019, THROUGH NOVEMBER 
                                11, 2019

                                _______
                                

  October 28, 2019.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Ms. Shalala, from the Committee on Rules,
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 656]

    The Committee on Rules, having had under consideration 
House Resolution 656, by a record vote of 8 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. 823, the 
Colorado Outdoor Recreation and Economy 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 the amendment in the 
nature of a substitute recommended by the Committee on Natural 
Resources now printed in the bill, as modified by the amendment 
printed in Part A 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 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 rule provides one motion to recommit with or without 
instructions. Section 2 of the resolution provides for 
consideration of H.R. 1373, the Grand Canyon Centennial 
Protection 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 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 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. The resolution further provides 
for consideration of H.R. 2181, the Chaco Cultural Heritage 
Area Protection 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 the amendment printed in Part D of 
this 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 amendments printed in part 
E 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 amendments printed in Part E of this 
report. The resolution provides for one motion to recommit with 
or without instructions. Section 4 of the resolution provides 
that on any legislative day during the period from November 1, 
2019, through November 11, 2019: the Journal of the proceedings 
of the previous day shall be considered as approved; and the 
Chair may at any time declare the House adjourned to meet at a 
date and time to be announced by the Chair in declaring the 
adjournment. Section 5 of the resolution provides that the 
Speaker may appoint Members to perform the duties of the Chair 
for the duration of the period addressed by section 4 of the 
resolution as though under clause 8(a) of rule I. Section 6 
provides that each day during the period addressed by section 4 
of the resolution shall not constitute a calendar or 
legislative day for the purposes of clause 7(c)(1) of rule XXII 
(motions to instruct conferees). Section 7 provides that each 
day during the period addressed by section 4 shall not 
constitute a legislative day for the purposes of clause 7 of 
rule XV (Consensus Calendar).

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 823 includes a waiver of the following:
           Clause 12(b) of rule XXI, which prohibits 
        consideration of a bill unless there is a searchable 
        electronic comparative print that shows how the text of 
        the bill as proposed to be considered differs from the 
        text of the bill as reported.
    Although the resolution waives all points of order against 
provisions of H.R. 823, as amended, 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.
    Although the resolution waives all points of order against 
consideration of H.R. 1373, 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, 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 C 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. 2181 includes waivers of the following:
           Clause 12(b) of rule XXI, which prohibits 
        consideration of a bill unless there is a searchable 
        electronic comparative print that shows how the text of 
        the bill as proposed to be considered differs from the 
        text of the bill as reported.
           Clause 10 of rule XXI, which prohibits 
        consideration of a measure that has a net effect of 
        increasing the deficit or reducing the surplus over the 
        five- or 10-year period.
           Section 302(f)(1) of the Congressional 
        Budget Act, which prohibits consideration of 
        legislation providing new budget authority in excess of 
        a 302(a) or 302(b) allocation of such authority.
    Although the resolution waives all points of order against 
provisions in H.R. 2181, as amended, 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 E 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. 184

    Motion by Mr. Cole to report an open rule for H.R. 823, 
H.R. 1373, and H.R. 2181. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................  ............
Mr. Raskin......................................          Nay   Mrs. Lesko........................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Ms. Shalala.....................................          Nay
Mr. DeSaulnier..................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 185

    Motion by Ms. Shalala to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................  ............
Mr. Raskin......................................          Yea   Mrs. Lesko........................          Nay
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Ms. Shalala.....................................          Yea
Mr. DeSaulnier..................................          Yea
Mr. McGovern, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

  SUMMARY OF THE AMENDMENT TO H.R. 823 IN PART A CONSIDERED AS ADOPTED

    1. Grijalva (AZ), Neguse (CO): Adds PAYGO language. 
Designates an interpretive site overlooking Camp Hale as the 
``Sandy Treat Overlook'' to honor the life and legacy of 
Sanford Morris `Sandy' Treat Jr., a 10th Mountain Division 
veteran who fought in Northern Italy during World War II, 
trained at Camp Hale, and was a strong supporter of designating 
it a National Historic Landscape.

     SUMMARY OF THE AMENDMENTS TO H.R. 823 IN PART B MADE IN ORDER

    1. Curtis (UT): States that this bill shall not apply to 
any lands or waters within the Third Congressional District of 
Colorado. (10 minutes)
    2. Brown (MD): Adds veteran outreach and engagement 
activities in the management plan for the Camp Hale Historic 
Landscape. (10 minutes)
    3. Tipton (CO): States that regarding the Curecanti 
National Recreation Area, nothing in this Act constitutes an 
express or implied Federal reservation of any water or water 
rights. (10 minutes)
    4. Tipton (CO): Ensures grazing permitted at the time of 
enactment may continue in Thompson Divide. (10 minutes)
    5. Tipton (CO): Limits lands being transferred from Forest 
Service to National Park Service based on management under a 
current memorandum of understanding. (10 minutes)
    6. Crow (CO), Brown (MD): Reaffirms the critical importance 
of Federal public lands to the Colorado High-Altitude Army 
National Guard Aviation Training Site (``HAATS''), which the 
National Guard Bureau has confirmed would not be adversely 
affected by this bill. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1373 IN PART C MADE IN ORDER

    1. Lesko (AZ): Specifies the Act shall not become effective 
until the Secretary of the Interior, in consultation with the 
Secretary of Labor, finds that the withdrawal will not 
adversely affect jobs available to Native Americans, other 
minorities, and women. (10 minutes)
    2. Gosar (AZ): Excludes lands in the 4th Congressional 
District of Arizona from the permanent mineral withdrawal under 
the Act. (10 minutes)
    3. Gosar (AZ): Delays permanent mineral withdrawal under 
the Act until the Secretary of the Interior completes a mineral 
survey of proposed withdrawal area (including uranium, rare 
earth elements, geothermal resources and oil and natural gas) 
and determines there are no mineral resources, geothermal 
resources, or critical minerals present other than uranium. (10 
minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 2181 IN PART D CONSIDERED AS ADOPTED

    1. Grijalva (AZ): Adds standard PAYGO language.

     SUMMARY OF THE AMENDMENTS TO H.R. 2181 IN PART E MADE IN ORDER

    1. Lujan (NM): Amends a finding to further clarify that 
this legislation only impacts federal lands and federal 
minerals and has no impact on valid existing rights, including 
the development rights of any Indian Tribe or member of an 
Indian Tribe. (10 minutes)
    2. Gosar (AZ): Allows conveyance or exchange of federal 
land within the Withdrawal Area to or with State trust land 
entities, as well as Indian tribes. (10 minutes)
    3. Gosar (AZ): Delays permanent mineral withdrawal until 
Secretary of the Interior determines that the withdrawal won't 
impact the ability to develop or the economic value of mineral 
rights held by Native Americans in the withdrawal area or the 
great Chaco region. (10 minutes)
    4. Arrington (TX): Allows operators to continue new oil and 
gas development in the proposed exclusionary zone if operators 
have previously been in accordance with the ``Historic 
Preservation Act'' as well as existing rules and regulations 
for archaeological sites and areas of sensitivity in Chaco 
Canyon Historical Park. (10 minutes)

      PART A--TEXT OF AMENDMENT TO H.R. 823 CONSIDERED AS ADOPTED

  Page 4, after line 3, insert the following:

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

  The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, shall 
be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.
  Page 33, after line 17, insert the following:
  (i) Designation of Overlook.--The interpretive site located 
beside United States Route 24 in the State, at 39.431N 
106.323W, is hereby designated as the ``Sandy Treat Overlook''.

          PART B--TEXT OF AMENDMENTS TO H.R. 823 MADE IN ORDER

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

  At the end of the bill, insert the following:

                          TITLE V--APPLICATION

SEC. 501. APPLICATION.

  Notwithstanding any other provision of this Act, this Act 
shall not apply to any lands or waters in the Third 
Congressional District of Colorado as in existence on the date 
of enactment of this Act.
                              ----------                              


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

  Page 27, line 2, insert ``and veteran outreach and 
engagement'' before ``activities''.
                              ----------                              


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

  Page 79, line 11, strike ``or''.
  Page 79, line 15, strike the period and insert ``; or''.
  Page 79, after line 15, insert the following:
                  (F) constitutes an express or implied Federal 
                reservation of any water or water rights with 
                respect to the National Recreation area.
                              ----------                              


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

  Page 53, after line 15, insert the following:
  (c) Grazing.--The grazing of livestock on covered land, if 
established before the date of enactment of this Act, shall be 
allowed to continue subject to such reasonable regulations as 
are considered to be necessary by the Secretary with 
jurisdiction over the covered land.
                              ----------                              


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

  Page 82, line 3, strike ``2,560'' and all that follows 
through line 8, and insert ``915 acres of land identified on 
the map titled `Curecanti National Recreation Area U.S. Forest 
Service/National Park Service Interagency Agreement Exhibit 
Map, Soap Creek Area' dated June 2017 is transferred to the 
Secretary, to be administered by the Director of the National 
Park Service as Part of the National Recreation Area.''.
                              ----------                              


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

  Page 37, after line 19, insert the following:
  (g) Sense of Congress.--It is the sense of Congress that 
military aviation training on Federal public lands in Colorado, 
including the training conducted at the High-Altitude Army 
National Guard Aviation Training Site, is critical to the 
national security of the United States and the readiness of the 
Armed Forces.

         PART C--TEXT OF AMENDMENTS TO H.R. 1373 MADE IN ORDER

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

  At the end of the bill, insert the following:

SEC. 3. EFFECTIVE DATE.

  This Act shall not be effective until the Secretary of the 
Interior, in consultation with the Secretary of Labor, finds 
that the withdrawal under section 2 will not adversely affect 
jobs available to Native Americans, other minorities, and 
women.
                              ----------                              


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

  At the end of the bill, insert the following:

SEC. 3. APPLICATION.

  The withdrawal under section 2 of this Act shall not apply to 
any Federal land depicted on the Map as ``Federal Mineral 
Estate to be Withdrawn'' located in the 4th Congressional 
District of Arizona, as configured on the date of enactment of 
this Act.
                              ----------                              


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

  At the end of the bill, insert the following:

SEC. 3. EFFECTIVE DATE.

  The withdrawal under section 2 of this Act shall not go into 
effect until the Secretary of the Interior completes a mineral 
survey of the area proposed for withdrawal, including uranium, 
rare earth elements, geothermal and oil and gas resources, and 
determines that there are no mineral resources, geothermal 
resources, or critical minerals present other than uranium.
                              ----------                              


      PART D--TEXT OF AMENDMENT TO H.R. 2181 CONSIDERED AS ADOPTED

  At the end of the bill, add the following:

SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.

  The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, shall 
be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.
                              ----------                              


         PART E--TEXT OF AMENDMENTS TO H.R. 2181 MADE IN ORDER

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

  Page 6, line 25, insert ``on Federal lands and of Federal 
minerals''' after ``development''.
                              ----------                              


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

  Page 9, beginning on line 8, strike ``to Indian Tribes''.
  Page 9, line 11, insert ``or a State trust land entity'' 
after ``Indian Tribe''.
                              ----------                              


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

  At the end of the bill, insert the following:

SEC. 7. EFFECTIVE DATE.

  This Act shall take effect on the date that the Secretary of 
the Interior finds that the withdrawal under section 4 shall 
not impact the ability to develop or the economic value of the 
mineral rights held by Native Americans in the Chaco Cultural 
Heritage Withdrawal Area or the greater Chaco region.
                              ----------                              


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

  At the end of the bill, add the following:

SEC. 7. CONTINUING OPERATIONS.

  Operators may continue new oil and gas developments in the 
exclusionary zone proposed by this Act if those operators have 
previously been in accordance with the provisions of law 
formerly known as the ``National Historic Preservation Act'' 
and have not violated the existing rules and regulations for 
the archeological sites and areas of sensitivity in the Chaco 
Canyon Historical Park.