H. Rept. 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 CONDITIONS114th Congress (2015-2016)
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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-290
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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
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October 7, 2015.--Referred to the House Calendar and ordered to be
printed
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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
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Majority Members Vote Minority Members Vote
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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
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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.
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