[House Report 110-519]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-519
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1528) TO AMEND THE
NATIONAL TRAILS SYSTEM ACT TO DESIGNATE THE NEW ENGLAND NATIONAL SCENIC
TRAIL, AND FOR OTHER PURPOSES
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January 28, 2008.--Referred to the House Calendar and ordered to be
printed
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Mr. Cardoza, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 940]
The Committee on Rules, having had under consideration
House Resolution 940, 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. 1528, the
New England National Scenic Trail Designation Act, under a
structured rule. The rule provides one hour of general debate
equally divided and controlled by the chairman and ranking
minority member of the Committee on Natural Resources. The rule
waives all points of order against consideration of the bill
except clauses 9 and 10 of rule XXI. The rule 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 an original bill for the purpose of amendment and
shall be considered as read. The rule waives all points of
order against the amendment in the nature of a substitute
except for clause 10 of rule XXI. This waiver does not affect
the point of order available under clause 9 of rule XXI
(regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order 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 a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for clauses 9 and 10 of rule XXI) includes a
waiver of rule XIII, clause 3(c)(4), requiring the inclusion in
the report of certain performance goal information. Although
the rule waives all points of order against the amendment in
the nature of a substitute (except clause 10 of rule XXI), the
Committee is not aware of any points of order. The waiver of
all points of order is prophylactic.
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. 421
Date: January 28, 2008.
Measure: H.R. 1528.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for a substitute amendment by Rep. Bishop, Rob (UT),
#6, which encourages the Secretary of the Interior to work with
the affected states, local governments and private
organizations to include certain specified lands as part of the
National Trails System. The amendment also affords the States
of Massachusetts and Connecticut the same procedural
protections granted to the State of New Hampshire under section
5 of the introduced bill before any trail may be established.
Results: Defeated 3-5.
Vote by Members: Cardoza--Nay; Welch--Nay; Castor--Nay;
Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
Rules Committee record vote No. 422
Date: January 28, 2008.
Measure: H.R. 1528.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Bishop, Rob (UT), #5, which
prohibits the use of eminent domain to add lands to the New
England National Scenic Trail.
Results: Defeated 3-6.
Vote by Members: McGovern--Nay; Cardoza--Nay; Welch--Nay;
Castor--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 423
Date: January 28, 2008.
Measure: H.R. 1528.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Flake (AZ), #1, which
eliminates funding under cooperative agreements for the
Appalachian Mountain Club and the Connecticut Forest and Park
Association.
Results: Defeated 3-6.
Vote by Members: McGovern--Nay; Cardoza--Nay; Welch--Nay;
Castor--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 424
Date: January 28, 2008.
Measure: H.R. 1528.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers en bloc for an amendment by Rep. Bishop, Rob (UT), #2,
which requires the Secretary of the Interior to give notice to
property owners within the trail and allows them to decline to
be part of the trail; and an amendment by Rep. Bishop, Rob
(UT), #3, which grants the States of Massachusetts and
Connecticut the same procedural protections granted to the
State of New Hampshire under section 5 of the bill before any
lands may be added to the trail. The amendment also requires
written permission from landowners before any of the
landowner's land may be included in the trail.
Results: Defeated 3-6.
Vote by Members:
McGovern--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay;
Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea;
Slaughter--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Bishop, Rob (UT): The amendment delays designation of
the trail until all environmental analyses and the review
required by Public Law 107-338 have been completed by the
Secretary of the Interior. (10 minutes)
2. Bishop, Rob (UT): The amendment states that state and
local laws regarding hunting, fishing, trapping and netting
shall be the exclusive laws regarding these activities on the
trail. (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
At the end of the bill, add the following new section:
SEC. 6. EFFECTIVE DATE.
This Act shall be effective on the date that the Secretary
issues a final National Scenic Trail Feasibility Study and
Environmental Assessment for the New England National Scenic
Trail.
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2. An Amendment To Be Offered by Representative Bishop of Utah, or His
Designee, Debatable for 10 Minutes
Page 3, line 6, insert ``(a) In General.--'' before ``The
Secretary''.
Page 3, after line 17, insert the following:
(b) Application of Certain State and Local Laws.--
Notwithstanding subsection (a), all designated and future
designated lands within the New England National Scenic Trail,
including all Federal lands, shall be exclusively governed by
relevant State and local laws regarding hunting, fishing, and
the possession or use of a weapon (including concealed
weapons), trap, or net.