H. Rept. 115-364 - RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT AND DIRECTING THE SECRETARY OF THE INTERIOR TO TRANSMIT, RESPECTIVELY, CERTAIN DOCUMENTS AND OTHER INFORMATION TO THE HOUSE OF REPRESENTATIVES RELATING TO THE EXECUTIVE ORDER ON THE REVIEW OF DESIGNATIONS UNDER THE ANTIQUITIES ACT115th Congress (2017-2018)
PDF(PDF provides a complete and accurate display of this text.)Tip?
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 115-364
======================================================================
RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT AND DIRECTING THE
SECRETARY OF THE INTERIOR TO TRANSMIT, RESPECTIVELY, CERTAIN DOCUMENTS
AND OTHER INFORMATION TO THE HOUSE OF REPRESENTATIVES RELATING TO THE
EXECUTIVE ORDER ON THE REVIEW OF DESIGNATIONS UNDER THE ANTIQUITIES ACT
_______
October 23, 2017.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
ADVERSE REPORT
together with
DISSENTING VIEWS
[To accompany H. Res. 555]
The Committee on Natural Resources, to whom was referred
the resolution (H. Res. 555) of inquiry requesting the
President and directing the Secretary of the Interior to
transmit, respectively, certain documents and other information
to the House of Representatives relating to the executive order
on the review of designations under the Antiquities Act, having
considered the same, report unfavorably thereon with an
amendment and recommend that the resolution as amended not be
agreed to.
The amendment is as follows:
Strike all after the resolving clause and insert the
following:
That the President is requested, and the Secretary of the
Interior is directed, to transmit, to the extent that such
documents are in the possession of the President or the
Secretary, (in a manner appropriate to classified information,
if the President determines appropriate) to the House of
Representatives, not later than 14 days after the date of the
adoption of this resolution, copies of every document, map,
survey, report, record, memorandum, call log, correspondence
(electronic and otherwise), and other communication or any
portion of any such communication, that refers or relates to
the executive order on the review of designations under the
Antiquities Act (Executive Order 13792, April, 26, 2017),
including the following:
(1) All documents and communications relating to the
Secretary of the Interior's review of all Presidential
designations or expansions of designations under the
Antiquities Act made since January 1, 1996, as
described in the executive order.
(2) All documents and communications relating to the
Secretary of the Interior's review of all Presidential
designations where the Secretary determined that the
designation or expansion was made without adequate
public outreach and coordination with relevant
stakeholders, as described in the executive order.
(3) All documents and communications relating to the
interim and final reports to the President, including
any recommendations for Presidential actions,
legislative proposals, or other actions recommended by
the Secretary of the Interior to carry out the policy
set forth in section 1 of the executive order.
(4) Any meeting or communication that occurred
between Secretary Ryan Zinke and President Trump, or
their representatives, relating to the recommendations
or reports required by the executive order.
(5) Any meeting or communication that occurred
between Secretary Ryan Zinke, or his representatives,
and energy and mining companies, or their
representatives, relating to the recommendations or
reports required by the executive order.
(6) Any meeting or communication that occurred
between Secretary Ryan Zinke, or his representatives,
and LGBTQ and minority communities, or their
representatives, relating to the recommendations or
reports required by the executive order.
(7) Any documents and communications relating to
travel costs of Secretary Zinke and his staff for the
purposes of the review under the executive order.
(8) Any meeting or communication that occurred
between Secretary Ryan Zinke, or his representatives,
and Native American tribes, or their representatives,
relating to the recommendations or reports required by
the executive order.
(9) Any document including applicable ethics waivers
for Department of the Interior employees working on the
review, as described in the executive order, whether
granted or denied.
(10) Any documents that, on their face, contain
economic analyses of national monument designations, as
described in the executive order.
PURPOSE OF THE BILL
The purpose of H. Res. 555 is to request the President and
direct the Secretary of the Interior to transmit, respectively,
certain documents and other information to the House of
Representatives relating to the executive order on the review
of designations under the Antiquities Act.
BACKGROUND AND NEED FOR LEGISLATION
H. Res. 555 is a resolution of inquiry that requests the
President and directs the Secretary of the Interior to transmit
to the House of Representatives, not later than 14 days after
the adoption of the resolution by the full House, copies of
every document, map, survey, report, record, memorandum, call
log, correspondence (electronic and otherwise), and other
communication or any portion of any such communication, that
refers or relates to the executive order on the review of
designations under the Antiquities Act (Executive Order 13792,
April 26, 2017), including: (1) documents and communications
relating to the Secretary of the Interior's review of all
Presidential designations or expansions of designations under
the Antiquities Act made since January 1, 1996, as described in
the executive order; (2) all documents and communications
relating to the Secretary of the Interior's review of all
Presidential designations where the Secretary determined that
the designation or expansion was made without adequate public
outreach and coordination with relevant stakeholders, as
described in the executive order; (3) all documents and
communications relating to the interim and final reports to the
President, including any recommendations for Presidential
actions, legislative proposals, or other actions recommended by
the Secretary of the Interior to carry out the policy set forth
in section 1 of the executive order; and (4) any meeting or
communication that occurred between Secretary Ryan Zinke and
President Trump, or their representatives, relating to the
recommendations or reports required by the executive order.
Under clause 7 of rule XIII of the Rules of the House of
Representatives, the Committee must act on such a resolution
within 14 legislative days of its introduction or a privileged
motion to discharge the Committee will be in order in the House
of Representatives.
Under the rules and precedents of the House, a resolution
of inquiry is one method used by the House to obtain
information from the executive branch. According to volume 7,
chapter 24, section 8 of Deschler's Procedure, it is a ``simple
resolution making a direct request or demand of the President
or the head of an executive department to furnish the House of
Representatives with specific factual information in the
possession of the executive branch.'' The rules of the House of
Representatives contain no specific provision for enforcing
resolutions of inquiry.\1\
---------------------------------------------------------------------------
\1\Charles Johnson, John V. Sullivan, Thomas J. Wickham, Jr., House
Practice: A Guide to the Rules, Precedents, and Procedures of the House
(115th Congress, 1st Session), p. 850.
---------------------------------------------------------------------------
COMMITTEE ACTION
H. Res. 555 was introduced by Congressman Raul M. Grijalva
(D-AZ) on October 4, 2017, and referred to the Committee on
Natural Resources. No hearing was held on the measure. On
October 11, 2017, the Natural Resources Committee met to
consider the resolution. Congressman Rob Bishop offered an
amendment in the nature of a substitute designated 035; it was
adopted by a unanimous roll call vote of 40 ayes and 0 nays, as
follows:
The resolution was then ordered unfavorably reported to the
House of Representatives by a roll call vote of 23 to 17, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has not received a cost estimate for the
bill from the Director of the Congressional Budget Office.
However, the Committee estimates that this resolution of
inquiry would not result in any significant costs. In addition,
the Committee does not believe it the resolution would result
in new or increased budget authority, entitlement authority or
tax expenditures or revenues. Finally, the Committee has not
received an estimate of federal mandates prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act, but the Committee
believes that no federal mandates are included in this
resolution.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to request the President and direct
the Secretary of the Interior to transmit, respectively,
certain documents and other information to the House of
Representatives relating to the executive order on the review
of designations under the Antiquities Act.
EARMARK STATEMENT
This resolution does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined under clause 9(e), 9(f), and 9(g) of rule XXI of the
Rules of the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This resolution contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This resolution does not contain any
directed rule makings.
Duplication of Existing Programs. This resolution does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This resolution is not intended to preempt any State, local
or tribal law.
DISSENTING VIEWS
For months, Committee Democrats have sought information
regarding reports associated with executive order 13792--
Presidents Trump's sweeping review of 27 national monuments
created since 1996 under the Antiquities Act. Letters and
requests for information have gone unanswered.
Interior Secretary Zinke toured several of the listed
monuments, but consistently failed to provide a detailed agenda
of his tours, including the stakeholders with whom he met. This
lack of transparency is hypocritical and troubling; there is no
reason for the White House or the Department to keep the report
or its methodology secret.
Secretary Zinke has failed to deliver on his promise of an
``open review process'' by not providing more information about
his agenda, analysis, and full scope of findings from his
national monument tours and meetings. During the 60-day comment
period, more than 2.8 million responses were submitted and
revealed that a large majority of Americans are supportive of
maintaining or expanding current national monument boundaries.
The Secretary has indicated he plans to ignore those comments
so the public deserves to know what information he does plan to
rely on.
Due to the lack of information and transparency, Ranking
Member Grijalva, along with 25 original cosponsors, introduced
the resolution of inquiry (ROI)--H. Res. 555 requesting the
release of all administration supporting documents, reports,
maps, surveys, communications, and correspondence relating to
the president's executive order.
At markup, Committee Democrats filed amendments to expand
the scope of the ROI, seeking even more detailed information
about the Secretary's travel and meeting schedule. As the
review seeks to shrink several national monuments that protect
Native American sacred sites, Indian, Insular and Alaska Native
Affairs Subcommittee Ranking Member Torres offered an amendment
to request information about the administration's engagement
with tribal governments during the course of the review.
Oversight and Investigations Subcommittee Ranking Member
McEachin offered an amendment to request information about
meetings with diverse constituencies, including representatives
of the LGBTQ and other minority communities. Energy and Mineral
Resources Ranking Member Lowenthal offered an amendment to
request information about any meetings with energy and mining
companies.
In light of recent reports about potential illegal travel
by the Secretary, Representative Napolitano offered an
amendment seeking further information about travel costs
associated with the review. Reports of the Trump
administration's disregard for ethics guidelines for former
lobbyists working in the federal government led Representative
Gallego to offer an amendment seeking information about ethics
waivers for Department of the Interior employees working on the
review. Lastly, given the fact that national monuments help
drive economic growth in local communities by increasing local
tourism and outdoor recreation, Representative Gomez introduced
an amendment seeking any economic analysis used to develop the
report.
All of the amendments were incorporated into the amendment
in the nature of a substitute offered by Chairman Bishop, which
was supported by every Member of the Committee.
However, instead of taking this request for transparency
seriously, Committee Republicans ultimately chose to order the
ROI reported unfavorably.
Whether this resolution comes before the full House for
consideration is now completely in the hands of Committee
Republicans who control the measure. Committee Republicans
should demand transparency from the Trump administration as
vociferously and relentlessly as they did from the Obama
administration.
Raul M. Grijalva
Ranking Member, Committee on
Natural Resources.
Darren Soto.
Jared Huffman.
A. Donald McEachin.
Madeleine Z. Bordallo.
Alan S. Lowenthal.
Grace F. Napolitano.
Niki Tsongas.
Ruben Gallego.
Colleen Hanabusa.
Jimmy Gomez.
Nanette Diaz Barragan.
[all]
