H. Rept. 113-385 - 113th Congress (2013-2014)
March 25, 2014, As Reported by the Rules Committee

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House Report 113-385 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1459) TO ENSURE THAT THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 APPLIES TO THE DECLARATION OF NATIONAL MONUMENTS, AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES




[House Report 113-385]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-385

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1459) TO ENSURE THAT THE 
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 APPLIES TO THE DECLARATION OF 
     NATIONAL MONUMENTS, AND FOR OTHER PURPOSES, AND PROVIDING FOR 
             CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

                                _______
                                

   March 25, 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. 524]

    The Committee on Rules, having had under consideration 
House Resolution 524, by a record vote of 6 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. 1459, the 
Ensuring Public Involvement in the Creation of National 
Monuments 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 bill shall be considered as read. The resolution waives all 
points of order against provisions in the bill. The resolution 
makes in order only those 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 that it shall be in 
order at any time on the legislative day of March 27, 2014, for 
the Speaker to entertain motions that the House suspend the 
rules relating to a measure addressing the Medicare payment 
system for physicians and a measure addressing Ukraine.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, 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 the bill, 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 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. 120

    Motion by Mr. Bishop of Utah to report the rule. Adopted: 
6-3

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

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Bishop, Rob (UT): MANAGERS Clarifies process for 
monument designations of 5,000 acres or less which allows 
temporary designation if imminent threat to antiquity and 
permanent designation if President follows NEPA review process 
or Congress enacts law. Also clarifies that President is to use 
existing resources for monument designation process. (10 
minutes)
    2. Barber (AZ): Requires the bill's feasibility study to 
include an assessment of the monument declaration's benefits, 
including jobs and tourism dollars associated with managing a 
monument in perpetuity. (10 minutes)
    3. Tsongas (MA): Preserves the ability of the President to 
declare as national monuments those that provide for the 
``protection or conservation of historic or cultural resources 
related to American military history,'' regardless of their 
size. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 4, beginning on line 6, strike ``if it affects more than 
5,000 acres;'' and insert ``except if it affects 5,000 acres or 
less, in which case--
                  ``(A) the declaration shall be categorically 
                excluded from the National Environmental Policy 
                Act of 1969;
                  ``(B) the declaration shall expire three 
                years after the date of the declaration; and
                  ``(C) the declaration may become permanent 
                if--
                          ``(i) specifically designated as a 
                        monument by Federal statute; or
                          ``(ii) the President follows the 
                        review process under the National 
                        Environmental Policy Act of 1969; and
  Page 4, strike lines 8 through 13.
  Page 4, line 14, strike ``(4)'' and insert ``(3)''.
  At the end of the bill, add the following new section:

SEC. 3. USE OF EXISTING FUNDS.

  This Act shall not be construed to increase the amount of 
funds that are authorized to be appropriated for any fiscal 
year.
                              ----------                              


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

  Page 4, line 17, after ``revenue,'' insert ``and the benefits 
associated with managing the monument in perpetuity, including 
jobs created and tourism dollars associated with managing the 
monument,''.
                              ----------                              


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

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

SEC. 3. APPLICABILITY.

  The amendments made by this Act shall not apply to any use of 
section 2 of the Act of June 8, 1906 (16 U.S.C. 431; commonly 
known of as the ``Antiquities Act of 1906'') the purpose of 
which is the protection or conservation of historic or cultural 
resources related to American military history.