H. Rept. 115-378 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2936) TO EXPEDITE UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 AND IMPROVE FOREST MANAGEMENT ACTIVITIES ON NATIONAL FOREST SYSTEM LANDS, ON PUBLIC LANDS UNDER THE JURISDICTION OF THE BUREAU OF LAND MANAGEMENT, AND ON TRIBAL LANDS TO RETURN RESILIENCE TO OVERGROWN, FIRE-PRONE FORESTED LANDS, AND FOR OTHER PURPOSES115th Congress (2017-2018)
PDF(PDF provides a complete and accurate display of this text.)Tip?
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-378
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2936) TO EXPEDITE UNDER
THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 AND IMPROVE FOREST
MANAGEMENT ACTIVITIES ON NATIONAL FOREST SYSTEM LANDS, ON PUBLIC LANDS
UNDER THE JURISDICTION OF THE BUREAU OF LAND MANAGEMENT, AND ON TRIBAL
LANDS TO RETURN RESILIENCE TO OVERGROWN, FIRE-PRONE FORESTED LANDS, AND
FOR OTHER PURPOSES
_______
October 31, 2017.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Newhouse, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 595]
The Committee on Rules, having had under consideration
House Resolution 595, by a record vote of 7 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. 2936, the
Resilient Federal Forests Act of 2017, under a structured rule.
The resolution provides one hour of general debate equally
divided among and controlled by the chair and ranking minority
member of the Committee on Agriculture and 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 115-
36 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 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.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of the following:
Section 302(f) of the Congressional Budget
Act, which prohibits consideration of legislation
providing new budget authority in excess of a 302(a)
allocation of such authority.
Section 303 of the Congressional Budget Act,
which prohibits consideration of legislation, providing
a change in revenues for a fiscal year until the budget
resolution for that year has been agreed to and;
Clause 10 of rule XXI, which prohibits the
consideration of a bill if it has the net effect of
increasing mandatory spending over the five-year or
ten-year period.
The waiver of all points of order against the amendment in
the nature of substitute made in order as original text
includes a waiver of the following:
Section 306 of the Congressional Budget Act,
which prohibits consideration of legislation within the
jurisdiction of the Committee on the Budget unless
referred to or reported by the Budget Committee and;
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 printed in this report, the Committee is not
aware of any points of order. The waiver of all points of order
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. 131
Motion by Ms. Slaughter to report an open rule. Defeated:
3-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ Nay Ms. Slaughter..................... Yea
Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Burgess..................................... ............ Mr. Hastings of Florida........... Yea
Mr. Collins..................................... ............ Mr. Polis......................... ............
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 132
Motion by Mr. McGovern to make in order and provide the
appropriate waivers to amendment #15, offered by Rep. Schrader
(OR) and Rep. Carbajal (CA) and Rep. O'Halleran (AZ) and Rep.
Thompson (CA) and Rep. Bonamici (OR) and Rep. Costa (CA) and
Rep. Lujan Grisham (NM) and Rep. Kuster (NH) and Rep. Panetta
(CA) and Rep. DeSaulnier (CA) and Rep. Sinema (AZ) and Rep.
Lujan (NM) and Rep. Polis (CO) and Rep. DeFazio (OR) and Rep.
Bera (CA) and Rep. Kildee (MI), which strikes Title X of the
bill and inserts the Wildfire Disaster Funding Act (HR 2862).
Defeated: 3-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ Nay Ms. Slaughter..................... Yea
Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Burgess..................................... ............ Mr. Hastings of Florida........... Yea
Mr. Collins..................................... ............ Mr. Polis......................... ............
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 133
Motion by Mr. Cole to report the rule. Adopted: 7-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ Yea Ms. Slaughter..................... Nay
Mr. Woodall..................................... Yea Mr. McGovern...................... Nay
Mr. Burgess..................................... ............ Mr. Hastings of Florida........... Nay
Mr. Collins..................................... ............ Mr. Polis......................... ............
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Buck........................................ Yea
Ms. Cheney...................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Schrader (OR), DeFazio (OR), Panetta (CA): Strikes
``produce timber'' as a forest management activity designated
for Categorical Exclusion. (10 minutes)
2. Khanna (CA): Strikes Subtitle B of Title III, the Forest
Management Activity Arbitration Pilot Program, from the bill.
(10 minutes)
3. O'Halleran (AZ): Strikes sections 801 and 903. (10
minutes)
4. Cardenas (CA): Requires the Secretary of Agriculture, in
consultation with other relevant Departments, to conduct a
study to evaluate the feasibility, safety and cost
effectiveness of using unmanned aerial vehicles for the
purposes of supporting wildfire response and suppression as
well as forest restoration and management. (10 minutes)
5. DeFazio (OR), Schrader (OR), Walden (OR): Adds land
exclusions to Sec. 913, including Yaquina Head Outstanding
Natural Area, Wild and Scenic Rivers Act, Wilderness Act, lands
managed under the National Trails System. (10 minutes)
6. LaMalfa (CA), DeSaulnier (CA): Directs OPM to create a
``wildland firefighter'' occupational series. (10 minutes)
7. Pearce (NM): Establishes a pilot program to demonstrate
effective tools and techniques for safeguarding natural
resources. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
Page 13, line 6, insert ``or'' after the semicolon.
Page 13, strike line 7 (and redesignate the subsequent
paragraph accordingly).
Page 13, line 9, strike ``through (6)'' and insert
``through (5)''.
----------
2. An Amendment To Be Offered by Representative Khanna of California or
His Designee, Debatable for 10 Minutes
Page 27, beginning line 19, strike subtitle B.
----------
3. An Amendment To Be Offered by Representative O'Halleran of Arizona
or His Designee, Debatable for 10 Minutes
Page 59, beginning line 3, strike subtitle A (and
redesignate the subsequent subtitle and sections accordingly).
Page 66, beginning line 19, strike section 903.
----------
4. An Amendment To Be Offered by Representative Cardenas of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title IX, add the following new
section:
SEC. 9__. STUDY ON USE OF UNMANNED AERIAL VEHICLES TO SUPPORT WILDLAND
FIRE RESPONSE AND MANAGEMENT.
(a) Study Required.--The Secretary of Agriculture shall
conduct a study to evaluate--
(1) the feasibility, safety, and cost effectiveness
of using unmanned aerial vehicles for the purposes of
supporting wildland fire response and suppression and
forest restoration and management; and
(2) the effect that increased use of unmanned aerial
vehicles for such purposes will have on employment.
(b) Consultation.--In conducting the study, the Secretary
of Agriculture shall consult with the heads of other Federal
agencies involved in wildfire suppression and aviation,
including the Secretary of the Interior, the Secretary of
Homeland Security, the Secretary of Defense, and the Secretary
of Transportation.
(c) Reporting Requirement.--Not later than two years after
the date of the enactment of this Act, the Secretary of
Agriculture shall submit to Congress a report containing the
results of the study.
----------
5. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
Page 77, beginning line 4, strike subsection (b) and insert
the following new subsection:
(b) Certain Exclusions.--
(1) Certain lands excluded.--Subsection (a) does not
apply to--
(A) the Yaquina Head Outstanding Natural Area
established under section 119 of Public Law 96-
199 (43 U.S.C. 1783);
(B) lands managed under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.);
(C) lands managed under the Wilderness Act
(16 U.S.C. 1131 et seq.); and
(D) lands managed under the National Trails
System Act (16 U.S.C. 1241 et seq.).
(2) Certain revenue excluded.--Subsection (a) does
not apply to any revenue that is required to be
deposited in the Coos Bay Wagon Road grant fund
pursuant to sections 1 through 4 of the Act of May 24,
1939 (43 U.S.C. 2621-2624.).
----------
6. An amendment To Be Offered by Representative LaMalfa of California
or His Designee, Debatable for 10 Minutes
Page 80, after line 9, insert the following new subtitle:
Subtitle D--Wildland Firefighter Recognition
SEC. 931. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the
Director of the Office of Personnel Management.
(2) Employee.--The term ``employee'' has the meaning
given the term in section 2105 of title 5, United
States Code.
(3) Federal land management agency.--the term
``Federal land management agency'' means--
(A) within the Department of the Interior--
(i) the Bureau of Land Management;
(ii) the Bureau of Indian Affairs;
(iii) the National Park Service; and
(iv) the United States Fish and
Wildlife Service; and
(B) within the Department of Agriculture, the
Forest Service.
(4) Wildland fire.--The term ``wildland fire'' means
any non-structure fire that occurs in vegetation or
natural fuels, including prescribed fire and wildfire.
(5) Wildand firefighter.--The term ``wildland
firefighter'' means--
(A) an employee of a Federal land management
agency, the duties of whose position are
primarily to perform work directly related to
the prevention, control, suppression,
management of wildland fires, or support of
wildland fire activities; and
(B) an employee of a Federal land management
agency who is transferred to a supervisory or
administrative position from a position
described in subparagraph (A).
SEC. 2. CLASSIFICATION OF WILDLAND FIREFIGHTERS.
(a) In General.--
(1) Development of occupational series required.--Not
later than 30 days after the date of enactment of this
Act, the Director, in cooperation with the Federal land
management agencies, shall carry out a distinct
wildland firefighter occupational series that more
accurately reflects the variety of duties performed by
wildland firefighters.
(2) Designation.--The official title assigned to any
occupational series established under paragraph (1)
shall include the designation of ``Wildland
Firefighter''.
(3) Positions described.--Paragraph (1) shall apply
with respect to any class or other category of
positions that consists primarily or exclusively of
forestry technician positions, range technician
positions, or any other positions the duties and
responsibilities of which include--
(A) significant prevention, preparedness,
control, suppression, or management activities
for wildland fires; or
(B) activities necessary to meet any other
emergency incident to which assigned.
(4) Consultation.--It is the sense of Congress that
the Director should consult with employee associations
and any other groups that represent wildland
firefighters in carrying out this subsection.
(5) Implementation.--Not later than 2 years after the
date of enactment of this Act--
(A) the Director shall complete the
development of the wildland firefighter
occupational series required under paragraph
(1); and
(B) the Secretary of the Interior and the
Secretary of Agriculture shall use the wildland
firefighter occupational series developed under
paragraph (1) in the advertising and hiring of
a wildland firefighter.
(b) Hazardous Duty Differential Not Affected.--Section
5545(d)(1) of title 5, United States Code, is amended by
striking ``except in such circumstances as the Office may by
regulation prescribe; and'' and inserting the following:
``except--
``(A) with respect to an employee in an
occupational series covering positions for
which the primary duties involve the
prevention, control, suppression, or management
of wildland fires, as determined by the Office;
and
``(B) in such other circumstances as the
Office may by regulation prescribe; and''.
(c) Current Employees.--Any individual employed as a
wildland firefighter on the date on which the occupational
series established pursuant to subsection (a) takes effect may
elect to--
(1) remain in the occupational series in which the
individual is working; or
(2) be included in the wildland firefighter
occupational series established pursuant to subsection
(a).
----------
7. An Amendment To Be Offered by Representative Pearce of New Mexico or
His Designee, Debatable for 10 Minutes
Page 75, after line 5, insert the following new section:
SEC. 910A. PILOT PROJECT FOR FOREST HEALTH, WATERSHED IMPROVEMENT, AND
HABITAT RESTORATION IN NEW MEXICO.
(a) Pilot Project Established.--The Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall conduct a pilot project within the Lincoln National
Forest, Cibola National Forest, and Gila National Forest in the
State of New Mexico to analyze and demonstrate the
effectiveness of various tools and techniques to address the
following natural resource concerns:
(1) Thinning for forest health.
(2) Watershed improvement.
(3) Habitat restoration.
(b) Authorized Activities.--The Secretary of Agriculture in
carrying out the pilot project established under subsection (a)
may conduct applied silvicultural investigations and
treatments, including--
(1) silvicultural investigations conducted for the
purposes of information gathering and research relating
to the natural resource concerns described in
subsection (a); and
(2) mechanical thinning.
(c) Objections to Silvicultural Investigation or
Treatment.--The Secretary may not carry out a silvicultural
investigation or treatment under this section if a county in
which such investigation or treatment would be conducted
objects to such investigation or treatment.
(d) Environmental Assessment Under the National
Environmental Policy Act.--Forest management activities carried
out by the Secretary of Agriculture under this section are a
category of actions hereby designated as being categorically
excluded from the preparation of an environmental assessment or
an environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(e) Consultation Under the Endangered Species Act.--Forest
management activities carried out by the Secretary of
Agriculture under this section shall be subject to section 123,
including subsection (b) of such section.
(f) Public Participation.--The Secretary shall encourage
meaningful public participation during preparation of a
silvicultural investigation or treatment under this section.
(g) Arbitration Pilot Program Resolution.--
(1) In general.--An objection or protest to a forest
management activity carried out pursuant to this
section shall be addressed through the arbitration
program established under section 311.
(2) Limitation on number of arbitrations.--An
arbitration described in paragraph (1) shall not be
counted towards the limitation on number of
arbitrations under section 311(a)(3).
(h) Termination.--The authority to carry out this section
shall terminate on the date that is 7 years after the date of
the enactment of this section.
[all]
