[House Report 118-428]
[From the U.S. Government Publishing Office]


118th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       118-428

======================================================================
 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1023) TO REPEAL SECTION 
  134 OF THE CLEAN AIR ACT, RELATING TO THE GREENHOUSE GAS REDUCTION 
FUND; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1121) TO PROHIBIT A 
     MORATORIUM ON THE USE OF HYDRAULIC FRACTURING; PROVIDING FOR 
 CONSIDERATION OF THE BILL (H.R. 6009) TO REQUIRE THE DIRECTOR OF THE 
  BUREAU OF LAND MANAGEMENT TO WITHDRAW THE PROPOSED RULE RELATING TO 
   FLUID MINERAL LEASES AND LEASING PROCESS, AND FOR OTHER PURPOSES; 
PROVIDING FOR CONSIDERATION OF THE CONCURRENT RESOLUTION (H. CON. RES. 
    86) EXPRESSING THE SENSE OF CONGRESS THAT A CARBON TAX WOULD BE 
 DETRIMENTAL TO THE UNITED STATES ECONOMY; PROVIDING FOR CONSIDERATION 
 OF THE RESOLUTION (H. RES. 987) DENOUNCING THE HARMFUL, ANTI-AMERICAN 
 ENERGY POLICIES OF THE BIDEN ADMINISTRATION, AND FOR OTHER PURPOSES; 
   AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7023) TO AMEND 
   SECTION 404 OF THE FEDERAL WATER POLLUTION CONTROL ACT TO CODIFY 
   CERTAIN REGULATORY PROVISIONS RELATING TO NATIONWIDE PERMITS FOR 
            DREDGED OR FILL MATERIAL, AND FOR OTHER PURPOSES

                                _______
                                

   March 19, 2024.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                      [To accompany H. Res. 1085]

    The Committee on Rules, having had under consideration 
House Resolution 1085, by a record vote of 8 to 4, 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. 1023, the 
Cutting Green Corruption and Taxes Act, under a closed rule. 
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 118-26 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 provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce or 
their respective designees. The resolution provides for one 
motion to recommit. The resolution further provides for 
consideration of H.R. 1121, the Protecting American Energy 
Production Act, under a closed rule. 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 hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Natural Resources or their 
respective designees. The resolution provides for one motion to 
recommit. The resolution further provides for consideration of 
H.R. 6009, the Restoring American Energy Dominance Act, under a 
closed rule. 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 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 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Natural Resources or their respective designees. 
The resolution provides for one motion to recommit. The 
resolution further provides for consideration of H. Con. Res. 
86, Expressing the sense of Congress that a carbon tax would be 
detrimental to the United States economy, under a closed rule. 
The resolution waives all points of order against consideration 
of the concurrent resolution. The resolution provides that the 
concurrent resolution shall be considered as read. The 
resolution waives all points of order against provisions in the 
concurrent resolution. The resolution provides one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Ways and Means or 
their respective designees. The resolution further provides for 
consideration of H. Res. 987, Denouncing the harmful, anti-
American energy policies of the Biden Administration, and for 
other purposes, under a closed rule. The resolution provides 
that upon adoption of the resolution it shall be in order 
without intervention of any point of order to consider H. Res. 
987. The resolution provides that H. Res. 987 shall be 
considered as read. 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 or 
their respective designees. The resolution further provides for 
consideration of H.R. 7023, the Creating Confidence in Clean 
Water Permitting Act, under a structured rule. The resolution 
waives all points of order against consideration of the bill. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Transportation and Infrastructure or their 
respective designees. The resolution provides that an amendment 
in the nature of a substitute consisting of the text of Rules 
Committee Print 118-25 shall be considered as adopted and the 
bill, as amended, shall be considered as read. Theresolution 
waives all points of order against provisions in the bill, as amended. 
The resolution makes in order only those further amendments printed in 
the report. Each amendment may be offered only in the order printed in 
the report, may be offered only by a Member designated in the report, 
shall be considered as read, shall be debatable for the time specified 
in the 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. All points of order against 
the amendments printed in the report are waived. The resolution 
provides for one motion to recommit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 1023 includes:
    --Clause 3(d)(1) of rule XIII, which requires the inclusion 
of committee cost estimate in a committee report.
    --Clause 3(e) of rule XIII, which requires the inclusion of 
a comparative print for a bill or joint resolution proposing to 
repeal or amend a statute.
    Although the resolution waives all points of order against 
provisions in H.R. 1023, 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 
consideration of H.R. 1121, 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. 1121, 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. 6009 includes:
    --Clause 3(c)(6) of rule XIII, which requires the committee 
report on a bill or joint resolution to be considered pursuant 
to a special order of business reported by the Committee on 
Rules include i) a list of related committee and subcommittee 
hearings; and ii) a designation of at least one committee 
hearing that was used to develop or consider such measure.
    Although the resolution waives all points of order against 
provisions in H.R. 6009, 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 
consideration of H. Con. Res. 86, 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. Con. Res. 86, 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. Res. 987, 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. 7023 includes:
    --Clause 3(d)(1) of rule XIII, which requires the inclusion 
of committee cost estimate in a committee report.
    Although the resolution waives all points of order against 
provisions in H.R. 7023, 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 the 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. 207

    Motion by Mr. McGovern to amend the rule to make in order 
amendment #19 to H.R. 7023, offered by Representative 
Gluesenkamp Perez, which prohibits implementation of this bill 
until it is shown that it will not result in discharges that 
have adverse effects on shellfish aquacultures and coastal 
fisheries. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................  ............
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 208

    Motion by Ms. Scanlon to amend the rule to make in order 
amendments #2 and #4 to H.R. 7023, offered by Representatives 
Scholten and Ryan, respectively. Amendment #2 prohibits 
implementation of this bill until it is shown that it will not 
result in discharges that may have adverse effects on the 
health of children or infants; amendment #4 requires a 
determination before the bill can take effect that its 
provisions will not result in an increase in the discharge of 
pollutants. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................  ............
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................  ............
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 209

    Motion by Ms. Leger Fernandez to amend the rule to make in 
order amendment #2 to H.R. 1121, offered by Representative 
Leger Fernandez, which requires the Secretary of the Interior 
to certify that at least 99 percent of the methane released 
from the production of oil and gas from hydraulic fracturing on 
federal land is and will continue to be captured before the 
bill can go into effect. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................  ............
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 210

    Motion by Ms. Leger Fernandez to amend the rule to make in 
order amendment #14 to H.R. 7023, offered by Representative 
Porter, which provides that the bill cannot take effect until 
it's determined that nothing in the Act will cause an increase 
in pollutants in the Colorado River Basin which provides clean 
drinking water to Colorado River Basin states and tribal 
communities in the Western United States. Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................          Yea
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................  ............
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 211

    Motion by Mr. Reschenthaler to report the rule. Adopted: 8-
4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................          Nay
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................  ............
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 7023 MADE IN ORDER

    1. Bergman (MI), James (MI), Moolenaar (MI), McClain (MI), 
Huizenga (MI): Clarifies that no part of the act affects the 
existing ban on oil and gas drilling in the Great Lakes. (10 
minutes)
    2. Garamendi (CA), Graves (LA), Swalwell (CA): Inserts Rep. 
Garamendi's bipartisan H.R. 1181 to allow USEPA and states with 
delegated authority under the Clean Water Act to issue National 
Pollutant Discharge Elimination System (NPDES) permits for 
public works (e.g., wastewater treatment or water recycling/
reuse plants owned/operated by local governments) for up to 10 
years from the current maximum of 5-year permit terms. This 
amendment would not affect Clean Water Act permitting for non-
publicly owned projects like industrial polluters, which have 
5-year NPDES permit terms under current law. (10 minutes)
    3. Houlahan (PA), Garbarino (NY), Valadao (CA), Lawler 
(NY): Requires a report from EPA and the Army Corps of 
Engineers on the staffing needs for processing and issuing 
permits under the Federal Water Pollution Control Act and the 
impact additional funding for full-time employees would have on 
processing timelines for permits. (10 minutes)
    4. James (MI): Ensures nothing in this act, including 
amendments, should affect the EPA's ability to research PFAS 
chemicals. (10 minutes)
    5. Moolenaar (MI): Prohibits permits from being issued for 
any discharge from a source that is owned or operated by 
companies--or the subsidiaries of said companies--that are 
under the jurisdiction of China, Iran, North Korea, or Russia. 
(10 minutes)
    6. Rose (TN): Requires a report from the Environmental 
Protection Agency to Congress on the number of additional homes 
expected to be built in the U.S. during the 10 year period 
following enactment of H.R. 7023 as a result of the 
implementation of H.R. 7023. (10 minutes)
    7. Bean (FL), Franklin (FL), Dunn (FL), Mast (FL), 
Rutherford (FL), Donalds (FL), Webster (FL), Steube (FL), 
Cammack (FL): Codifies Florida's Clean Water Act Section 404 
Program and the Programmatic Biological Opinion with Incidental 
Take Statement, as referenced in 85 Federal Register 83,553 
(December 22, 2020). (10 minutes)
    8. Graves (LA), Perry (PA): Limits the authorization for 
certain linear infrastructure projects if federal expenses turn 
out to exceed their predicted cost. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 7023 MADE IN ORDER

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

  Add at the end the following:

SEC. __. RULE OF CONSTRUCTION.

  Nothing in this Act, including the amendments made by this 
Act, may be construed as affecting the ban on oil and gas 
development in the Great Lakes described in section 386 of the 
Energy Policy Act of 2005 (42 U.S.C. 15941).
                              ----------                              


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

  Page 3, after line 11, insert the following:

SEC. 4. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) TERMS.

  Section 402(b)(1)(B) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(b)(1)(B)) is amended to read as follows:
          ``(B) are for fixed terms--
                  ``(i) not exceeding 10 years, for a permit 
                issued to a State or municipality; and
                  ``(ii) not exceeding 5 years, for a permit 
                issued to any person not described in clause 
                (i); and''.
  Page 5, after line 4, insert the following:
  (b) Technical Corrections.--Section 402(l)(3) of the Federal 
Water Pollution Control Act (33 U.S.C. 1342(l)(3)) is amended--
          (1) in subparagraph (B)--
                  (A) by striking ``section 402'' and inserting 
                ``this section''; and
                  (B) by striking ``federal'' and inserting 
                ``Federal''; and
          (2) in subparagraph (C)--
                  (A) by striking ``Section'' and inserting 
                ``section'';
                  (B) by striking ``402(p)(6)'' and inserting 
                ``subsection (p)(6)'';
                  (C) by striking ``402(l)(3)(A),'' and 
                inserting ``subparagraph (A),''; and
                  (D) by striking ``402(l)(3)(A).'' and 
                inserting ``such subparagraph.''.
                              ----------                              


      3. An Amendment To Be Offered by Representative Houlahan of 
         Pennsylvania or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. __. REPORT ON CORPS STAFFING NEEDS.

  Not later than 60 days after the date of enactment of this 
Act, the Administrator of the Environmental Protection Agency 
and the Secretary of the Army, acting through the Chief of 
Engineers, shall submit to Congress a report on--
          (1) the staffing needs of the Environmental 
        Protection Agency and the Corps of Engineers to process 
        applications for, and issue, permits under the Federal 
        Water Pollution Control Act, based on the number of 
        such applications submitted during the 5-year period 
        preceding such date of enactment; and
          (2) the impact that funding for additional full-time 
        employees would have on processing timelines for such 
        permits.
                              ----------                              


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

  Add at the end the following:

SEC. __. SAVINGS CLAUSE RELATING TO PFAS.

  Nothing in this Act, including the amendments made by this 
Act, shall affect the authority of the Administrator of the 
Environmental Protection Agency to conduct research on 
perfluoroalkyl and polyfluoroalkyl substances.
                              ----------                              


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

  Insert after section 7 the following:

SEC. 8. LIMITATION ON PERMIT ISSUANCE.

  Title IV of the Federal Water Pollution Control Act (33 
U.S.C. 1341 et seq.) is amended by adding at the end the 
following:

``SEC. 407. LIMITATION ON PERMIT ISSUANCE.

  ``(a) Prohibition.--No permit may be issued under this title 
for any discharge from a point source that is owned or operated 
by an entity that--
          ``(1) is subject to the jurisdiction of a foreign 
        country of concern (as defined in section 9901(7) of 
        the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021 (15 U.S.C. 
        4651(7)); or
          ``(2) is a subsidiary of an entity that is subject to 
        the jurisdiction of a foreign country of concern (as so 
        defined).
  ``(b) Application.--This section shall be applied in a manner 
consistent with the obligations of the United States under 
applicable international agreements.''.
                              ----------                              


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

  Add at the end the following:

SEC. __. REPORT ON ADDITIONAL HOMES.

  The Administrator of the Environmental Protection Agency 
shall submit to Congress a report on the number of additional 
homes expected to be built in the United States during the 10-
year period following the date of enactment of this Act as a 
result of the implementation of this Act (including the 
amendments made by this Act).
                              ----------                              


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

  Add at the end the following:

SEC. 9. APPROVAL OF FLORIDA PERMIT PROGRAM.

  The notice of the Environmental Protection Agency approving 
the State of Florida's request to carry out a permit program 
for the discharge of dredged or fill material pursuant to 
section 404 of the Federal Water Pollution Control Act (33 
U.S.C. 1344), published on December 22, 2020, and titled 
``EPA's Approval of Florida's Clean Water Act Section 404 
Assumption Request'' (85 Fed. Reg. 83553) shall have the force 
and effect of law.
                              ----------                              


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

  Page 8, strike lines 15 and 16, and insert the following:
                  ``(B) Limitation.--A general permit issued 
                under subparagraph (A) may not authorize an 
                activity of an excluded project if the 
                Comptroller General makes a determination--
                          ``(i) during the period ending on 
                        September 30, 2026, that the total 
                        amount of covered credits claimed 
                        exceeds the amount of covered credits 
                        predicted to be claimed in the cost 
                        estimate of the Congressional Budget 
                        Office for fiscal years 2022 through 
                        2026; or
                          ``(ii) during the period ending on 
                        September 30, 2031, that the total 
                        amount of covered credits claimed 
                        exceeds the amount of covered credits 
                        predicted to be claimed in the cost 
                        estimate of the Congressional Budget 
                        Office for fiscal years 2027 through 
                        2031.
                  ``(C) Definitions.--In this paragraph:
                          ``(i) Covered credit.--The term 
                        `covered credit' means any tax credit 
                        under the amendments made by sections 
                        13101, 13102, and 13103 of Public Law 
                        117-169 (commonly known as the 
                        Inflation Reduction Act).
                          ``(ii) Excluded project.--The term 
                        `excluded project' means a linear 
                        infrastructure project for the 
                        transmission of electricity with 
                        respect to which--
                                  ``(I) the taxpayer has 
                                received or expects to receive 
                                a covered credit; and
                                  ``(II) the Secretary has not 
                                verified that an activity of 
                                the project is authorized by 
                                the applicable general permit 
                                before the date on which the 
                                Comptroller General makes a 
                                determination described in 
                                subparagraph (B).
                          ``(iii) Linear infrastructure 
                        project.--The term

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