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116th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      116-395

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2546) TO DESIGNATE 
 CERTAIN LANDS IN THE STATE OF COLORADO AS COMPONENTS OF THE NATIONAL 
 WILDERNESS PRESERVATION SYSTEM, AND FOR OTHER PURPOSES; PROVIDING FOR 
   CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 79) REMOVING THE 
 DEADLINE FOR THE RATIFICATION OF THE EQUAL RIGHTS AMENDMENT; AND FOR 
                             OTHER PURPOSES

                                _______
                                

 February 10, 2020.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 844]

    The Committee on Rules, having had under consideration 
House Resolution 844, by a record vote of 9 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. 2546, the 
Colorado Wilderness Act of 2019, under a structured rule. The 
resolution provides one hour of general debate on the bill 
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 consisting of the text of Rules 
Committee Print 116-50 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 H.R. 2546, as 
amended. The resolution makes in order only those further 
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. 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. The resolution provides 
for consideration of H.J. Res. 79, Removing the deadline for 
the ratification of the equal rights amendment, under a closed 
rule. The resolution provides one hour of debate on the joint 
resolution equally divided and controlled by the chair and 
ranking minority member of the Committee on the Judiciary. The 
resolution waives all points of order against consideration of 
the joint resolution. The resolution provides that the 
amendment in the nature of a substitute recommended by the 
Committee on the Judiciary now printed in the joint resolution 
shall be considered as adopted and the joint resolution, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions in the joint resolution, as 
amended. The resolution provides one motion to recommit with or 
without instructions. The resolution provides that House 
Resolution 842 is hereby adopted. Section 4 of the resolution 
provides that on any legislative day during the period from 
February 14, 2020, through February 24, 2020: 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.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 2546 includes waivers of the following:
     Clause 12(a)(1) of rule XXI, which prohibits 
consideration of a bill unless there is a searchable electronic 
comparative print that shows how the bill proposes to change 
current law.
     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.
    The waiver of all points of order against provisions in 
H.R. 2546, as amended, includes a waiver of the following:
     Clause 4 of rule XXI, which prohibits reporting a 
bill carrying an appropriation from a committee not having 
jurisdiction to report an appropriation.
    Although the resolution waives all points of order against 
amendments printed in 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.J. Res. 79, 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.J. Res. 79, as amended, 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. 244

    Motion by Mr. Cole to report an open rule for H.R. 2546. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
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. 245

    Motion by Mr. Woodall to strike Section 3 of the rule. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
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. 246

    Motion by Mr. Woodall to amend Section 3 of the rule to 
provide for consideration of H. Res. 842 under a closed rule. 
Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Nay   Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Woodall.......................          Yea
Mr. Perlmutter..................................          Nay   Mr. Burgess.......................          Yea
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. 247

    Motion by Ms. Scanlon to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................          Yea   Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Woodall.......................          Nay
Mr. Perlmutter..................................          Yea   Mr. Burgess.......................          Nay
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 AMENDMENTS TO H.R. 2546 MADE IN ORDER

    1. DeGette (CO): Makes changes to Title I--Colorado 
Wilderness and amounts to an approximate 60,000 acres of 
additional wilderness designations under Title I. (10 minutes)
    2. McClintock (CA): Delays wilderness designations under 
the Act until the affected county formally approves such 
designation. (10 minutes)
    3. McClintock (CA): Allows the Secretary of Agriculture or 
the Secretary of the Interior, as appropriate, to exclude from 
wilderness designations under this Act any areas that do not 
meet the definition of wilderness in the Wilderness Act. Allows 
the same for river segments that do not meet the criteria for 
designation under the Wild and Scenic Rivers Act. (10 minutes)
    4. Brown (MD): Encourages the Secretary of Interior and 
Secretary of Agriculture to ensure servicemember and veteran 
access to public lands. (10 minutes)
    5. Panetta (CA): States that the Secretary of the Interior 
or the Secretary of Agriculture may manage for fire, insects, 
and diseases in wilderness areas designated by this Act. (10 
minutes)
    6. Westerman (AR): Allows the Secretary of Agriculture or 
Secretary of the Interior, as appropriate, to exempt from 
wilderness designations under the Act any area determined by 
the Secretary to be at high risk of wildfire. (10 minutes)
    7. Westerman (AR): Strikes all designations of 
``potential'' wilderness under the bill. (10 minutes)
    8. Cunningham (SC), Tipton (CO): Ensures that military 
aircraft overflights, units of special air space, and flight 
training routes are allowed over wilderness areas designated by 
this Act. (10 minutes)
    9. Tipton (CO): Strikes wilderness additions in the 3rd 
Congressional District. (10 minutes)
    10. Tipton (CO): Requires the Department of Defense to 
conduct a study on the impacts that the expansion of wilderness 
designations in the Western United States would have on the 
readiness of our armed forces with respect to aviation 
training. (10 minutes)
    11. Kilmer (WA): Clarifies that the Washington State 
Department of Natural Resources retains the authority to manage 
all lands currently owned by the state of Washington. Directs 
the Secretary of Agriculture to satisfy the requirements of 
section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(d)) for new Wild and Scenic Rivers designated on the 
Olympic Peninsula through an updated land management plan for 
the Olympic National Forest. (10 minutes)
    12. Schrier (WA): Requires GAO conduct a study on how the 
preservation of wilderness lands can help reduce the risk of 
flooding in residential areas. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 2546 MADE IN ORDER

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

  Page 10, lines 18 and 19, strike ```Cross Canyon Proposed 
Wilderness', dated October 9, 2019'' and insert ```Papoose & 
Cross Canyon Proposed Wilderness', and dated January 29, 
2020''.
  Page 12, after line 13, insert the following:
          (20) Certain lands managed by the Tres Rios Field 
        Office of the Bureau of Land Management or located in 
        the San Juan National Forest, which comprise 
        approximately 10,844 acres, as generally depicted on a 
        map titled ``North & South Ponderosa Gorge Proposed 
        Wilderness'', and dated January 31, 2020, which shall 
        be known as the North Ponderosa Gorge Wilderness.
          (21) Certain lands managed by the Tres Rios Field 
        Office of the Bureau of Land Management or located in 
        the San Juan National Forest, which comprise 
        approximately 12,393 acres, as generally depicted on a 
        map titled ``North & South Ponderosa Gorge Proposed 
        Wilderness'', and dated January 31, 2020 which shall be 
        known as the South Ponderosa Gorge Wilderness.
          (22) Certain lands managed by the Little Snake Field 
        Office of the Bureau of Land Management which comprise 
        approximately 33,168 acres, as generally depicted on a 
        map titled ``Diamond Breaks Proposed Wilderness'', and 
        dated January 31, 2020 which shall be known as the 
        Diamond Breaks Wilderness.
          (23) Certain lands managed by the Tres Rios Field 
        Office of the Bureau of Land Management which comprises 
        approximately 4,782 acres, as generally depicted on the 
        map titled ``Papoose & Cross Canyon Proposed 
        Wilderness'''', and dated January 29, 2020 which shall 
        be known as the Papoose Canyon Wilderness.
                              ----------                              


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

  Page 234, after line 21, insert the following (and 
redesignate subsequent provisions accordingly):

         TITLE VII--COUNTY APPROVAL OF WILDERNESS DESIGNATIONS

SEC. 701. COUNTY APPROVAL.

   No wilderness designation under this Act shall be effective 
in any county until the county formally approves such 
designation.
                              ----------                              


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

  Page 234, after line 21, insert the following (and 
redesignate subsequent provisions accordingly):

 TITLE VII--PRESERVING WILDERNESS CHARACTER AND WILD AND SCENIC RIVER 
                               CHARACTER

SEC. 701. PRESERVING WILDERNESS AND WILD AND SCENIC RIVER CHARACTER.

  (a) Wilderness.--The Secretary of Agriculture or the 
Secretary of the Interior, as appropriate, may exempt from any 
wilderness designated under this Act any area determined by 
that Secretary not to meet the definition of wilderness under 
the Wilderness Act (16 U.S.C. 1131 et seq.).
  (b) Wild and Scenic Rivers.--The Secretary of Agriculture or 
the Secretary of the Interior, as appropriate, may exempt from 
any wild and scenic river designated by an amendment in this 
Act any area determined by that Secretary not to meet the 
qualifications for a wild, scenic, or recreational river under 
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
                              ----------                              


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

  At the end of the bill insert the following:

                       TITLE VIII--MISCELLANEOUS

SEC. 801. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND 
                    SERVICEMEMBERS.

  The Secretary of Interior and the Secretary of Agriculture 
are encouraged to ensure servicemember and veteran access to 
public lands designed by this Act for the purposes of outdoor 
recreation and to participate in outdoor-related volunteer and 
wellness programs.
                              ----------                              


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

  At the end of the bill insert the following:

                       TITLE VIII--MISCELLANEOUS

SEC. 801. FIRE, INSECTS, AND DISEASES.

  Nothing in this Act may be construed to limit the authority 
of the Secretary of the Interior or the Secretary of 
Agriculture under section 4(d)(1) of the Wilderness Act (16 
U.S.C. 1133(d)(1)), in accordance with existing laws (including 
regulations).
                              ----------                              


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

  Page 234, after line 21, insert the following (and 
redesignate subsequent provisions accordingly):

            TITLE VII--PROTECTION FROM HIGH RISK OF WILDFIRE

SEC. 701. PROTECTION FROM HIGH RISK OF WILDFIRE.

   The Secretary of Agriculture or the Secretary of the 
Interior, as appropriate, may exempt from any wilderness 
designated under this Act any area determined by that Secretary 
to be at high risk for wildfire.
                              ----------                              


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

  Page 17, strike line 17 and all that follows through page 19, 
line 20.
  Strike section 233.
  Strike section 304.
  Strike section 307.
  Page 220, strike line 11 and all that follows through page 
221, line 2.
                              ----------                              


  8. An Amendment To Be Offered by Representative Cunningham of South 
           Carolina or His Designee, Debatable for 10 Minutes

  At the end of the bill insert the following:

                       TITLE VIII--MISCELLANEOUS

SEC. 801. MILITARY ACTIVITIES.

  Nothing in this Act precludes--
          (1) low-level overflights of military aircraft over 
        wilderness areas;
          (2) the designation of new units of special airspace 
        over wilderness areas; or
          (3) the establishment of military flight training 
        routes over wilderness areas.
                              ----------                              


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

  Page 10, strike lines 15 through 20.
  Page 11, strike lines 3 through 9.
                              ----------                              


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

  After section 105, insert the following:

SEC. 106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION OF 
                    WILDERNESS DESIGNATIONS IN THE WESTERN UNITED 
                    STATES WOULD HAVE ON THE READINESS OF THE ARMED 
                    FORCES OF THE UNITED STATES WITH RESPECT TO 
                    AVIATION TRAINING.

  (a) Study Required.--The Secretary of Defense shall conduct a 
study on the impacts that the expansion of wilderness 
designations in the Western United States would have on the 
readiness of the Armed Forces of the United States with respect 
to aviation training.
  (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report on the study required under subsection 
(a).
                              ----------                              


 11. An Amendment To Be Offered by Representative Kilmer of Washington 
               or His Designee, Debatable for 10 Minutes

  Page 223, line 9, strike ``as a recreational river'' and 
insert ``to be administered as a recreational river through a 
cooperative management agreement between the State of 
Washington and the Secretary of Agriculture as provided in 
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(e))''.
  Page 226, lines 6 and 7, strike ``as a recreational river'' 
and insert ``to be administered as a recreational river through 
a cooperative management agreement between the State of 
Washington and the Secretary of Agriculture as provided in 
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(e))''.
  Page 230, lines 7 and 8, strike ``as a scenic river'' and 
insert ``to be administered as a scenic river through a 
cooperative management agreement between the State of 
Washington and the Secretary of Agriculture as provided in 
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(e))''.
  Page 231, lines 5 and 6, strike ``as a recreational river'' 
and insert ``to be administered as a recreational river through 
a cooperative management agreement between the State of 
Washington and the Secretary of Agriculture as provided in 
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(e))''.
  On page 233, after line 20, insert the following:
  (c) Updates to Land and Resource Management Plans.--
          (1) In general.--Except as provided in paragraph (2), 
        not later than 3 years after the date of the enactment 
        of this Act, the Secretary of Agriculture shall, with 
        respect to the designations made under subsection (a) 
        on lands under the jurisdiction of the Secretary, 
        incorporate such designations into updated management 
        plans for units of the National Forest System in 
        accordance with applicable laws (including 
        regulations).
          (2) Exception.--The date specified in paragraph (1) 
        shall be 5 years after the date of the enactment of 
        this Act if the Secretary of Agriculture--
                  (A) is unable to meet the requirement under 
                such paragraph by the date specified in such 
                paragraph; and
                  (B) not later than 3 years after the date of 
                the enactment of this Act, includes in the 
                Department of Agriculture annual budget 
                submission to Congress a request for additional 
                sums as may be necessary to meet the 
                requirement of such paragraph.
          (3) Comprehensive management plan requirements.--
        Updated management plans under paragraph (1) or (2) 
        satisfy the requirements under section 3(d) of the Wild 
        and Scenic Rivers Act (16 U.S.C. 1274(d)).
                              ----------                              


12. An Amendment To Be Offered by Representative Schrier of Washington 
               or Her Designee, Debatable for 10 Minutes

  Page 234, after line 21, insert the following (and 
redesignate subsequent provisions accordingly):

               TITLE VII--STUDY ON FLOOD RISK MITIGATION

SEC. 701. STUDY ON FLOOD RISK MITIGATION.

   The Comptroller General shall conduct a study to determine 
the contributions of wilderness designations under this Act to 
protections to flood risk mitigation in residential areas.

                                  [all]