[House Report 111-463]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-463
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4715) TO AMEND THE
FEDERAL WATER POLLUTION CONTROL ACT TO REAUTHORIZE THE NATIONAL ESTUARY
PROGRAM, AND FOR OTHER PURPOSES, WAIVING A REQUIREMENT OF CLAUSE 6(a)
OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS
REPORTED FROM THE COMMITTEE ON RULES, AND PROVIDING FOR CONSIDERATION
OF MOTIONS TO SUSPEND THE RULES
_______
April 14, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Pingree, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1248]
The Committee on Rules, having had under consideration
House Resolution 1248, 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. 4715, the
``Clean Estuaries Act of 2010,'' 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 Transportation and Infrastructure.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the bill shall
be considered as read. The resolution waives all points of
order against the bill. This waiver does not affect the point
of order available under clause 9 of rule XXI (regarding
earmark disclosure).
The rule further 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 division of the question. All
points of order against the amendments are waived except those
arising under clause 9 or 10 of rule XXI. The resolution
provides that for those amendments reported from the Committee
of the Whole, the question of their adoption shall be put to
the House en gros and without demand for division of the
question. The resolution provides one motion to recommit with
or without instructions.
The resolution provides that the Chair may entertain a
motion that the Committee rise only if offered by the chair of
the Committee on Transportation and Infrastructure or a
designee. The resolution provides that the Chair may not
entertain a motion to strike out the enacting words of the
bill. The resolution waives clause 6(a) of rule XIII (requiring
a two-thirds vote to consider a rule on the same day it is
reported from the Rules Committee) against a resolution
reported through the legislative day of Friday, April 16, 2010,
providing for consideration of a measure relating to the
extension of unemployment insurance. Finally, the resolution
provides that it shall be in order at any time through the
legislative day of Friday, April 16, 2010, for the Speaker to
entertain motions that the House suspend the rules relating to
a measure addressing the extension of unemployment insurance.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill (except those arising under clause 9
or 10 of rule XXI), the Committee is not aware of any points of
order. The waiver is prophylactic. Although the resolution
waives all points of order against the bill, the Committee is
not aware of any points of order against the bill. The waiver
of all points of order against the bill 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. 405
Date: April 14, 2010.
Measure: H.R. 4715.
Motion by: Mr. Dreier.
Summary of motion: To report an open rule.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay; Dreier--
Yea; Diaz-Balart, L.--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Oberstar (MN): Would (1) ensure that program evaluations
assess whether the implementation of a comprehensive
conservation and management plan is achieving its stated goals;
(2) enhance public education on the connections between air,
land, and water and the potential impacts on estuarine health;
(3) strike the existing statutory priority list for estuaries
to clarify that existing and proposed management conferences
enter or remain in the program on a competitive basis, and (4)
remove individuals from the list of approved recipients for
grants under this program. (10 minutes)
2. Pingree (ME), Cuellar (TX): Would require the
administrator to evaluate the effectiveness of the program;
identify and disseminate best practices for positive outcomes;
and identify and limit redundant rules, regulations and
reporting requirements. (10 minutes)
3. Kagen (WI): Would require estuary programs to include in
their comprehensive conservation and management plans a
coordinated monitoring strategy between federal, state, and
local entities. (10 minutes)
4. Schauer (MI): Would define ``estuary'' under the Clean
Water Act to include Great Lakes waters and wetlands that are
similar to traditional estuaries covered by the National
Estuary Program. (10 minutes)
5. Moore, Gwen (WI): Would add trend monitoring of the
introduction and establishment of nonnative species, including
their pathways for introduction in estuarine zones to the list
of research programs the Administrator can carry out. (10
minutes)
6. Shea-Porter (NH): Would ensure that comprehensive
conservation and management plans address the impacts and
potential effects of sea level change. (10 minutes)
7. Kratovil (MD): Would make explicit that collaborative
processes should be used to develop the management plan. It
would call for the equitable inclusion of all relevant estuary
stakeholders; the use of neutral facilitators and processes to
resolve conflicts; and the inclusion and use of up-to-date
information, among other considerations. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Oberstar of Minnesota,
or His Designee, Debatable for 10 Minutes
Page 4, strike lines 13 through 15 and insert the following:
``(E) increases public education and
awareness with respect to--
``(i) the ecological health of the
estuary;
``(ii) the water quality conditions
of the estuary; and
``(iii) ocean, estuarine, land, and
atmospheric connections and
interactions;
Page 8, line 15, insert ``the implementation of'' before
``the plan''.
Page 8, line 22, insert ``the implementation of'' before ``a
comprehensive''.
Page 10, line 25, insert ``, including monitoring
activities,'' after ``activities''.
Page 11, after line 18, insert the following:
(1) Recipients.--Section 320(h)(1) of such Act (as
redesignated by subsection (d) of this section) is
amended by striking ``other public'' and all that
follows before the period at the end and inserting
``and other public or nonprofit private agencies,
institutions, and organizations''.
Page 11, line 19, strike ``(1) In general.--'' and insert
``(2) Effects of probationary status.--''.
Page 11, line 21, insert ``further'' before ``amended''.
Page 12, line 17, strike ``(2)'' and insert ``(3)''.
Page 15, after line 8, insert the following:
(i) Convening of Conference.--Section 320(a)(2) of such Act
(33 U.S.C. 1330(a)(2)) is amended--
(1) by striking ``(2) Convening of conference.--''
and all that follows through ``In any case'' and
inserting the following:
``(2) Convening of conference.--In any case''; and
(2) by striking subparagraph (B).
----------
2. An Amendment To Be Offered by Representative Pingree of Maine, or
Her Designee, Debatable for 10 Minutes
Page 14, strike lines 17 through 23 and insert the following:
``(2) Specific assessments.--In conducting an
evaluation under this subsection, the Administrator
shall--
``(A) assess the effectiveness of the
national estuary program in improving water
quality, natural resources, and sustainable
uses of the estuaries covered by management
conferences convened under this section;
``(B) identify best practices for improving
water quality, natural resources, and
sustainable uses of the estuaries covered by
management conferences convened under this
section, including those practices funded
through the use of technical assistance from
the Environmental Protection Agency and other
Federal agencies, and assess the reasons why
such practices result in the achievement of
program goals; and
``(C) identify any redundant requirements for
reporting by recipients of a grant under this
section, and develop and recommend a plan for
limiting reporting redundancies.
Page 15, line 4, strike ``to public''.
Page 15, line 6, insert ``management conferences convened
under this section and'' before ``the public''.
----------
3. An Amendment To Be Offered by Representative Kagen of Wisconsin, or
His Designee, Debatable for 10 Minutes
Page 4, line 19, strike ``and'' at the end.
Page 4, line 21, strike the first period through the final
period and insert ``; and''.
Page 4, after line 21, insert the following:
``(H) includes a coordinated monitoring
strategy for Federal, State, and local
governments and other entities.''.
----------
4. An Amendment To Be Offered by Representative Schauer of Michigan, or
His Designee, Debatable for 10 Minutes
Page 15, after line 8, add the following:
(i) Great Lakes Estuaries.--Section 320(m) of such Act (as
redesignated by subsection (d) of this section) is amended by
striking the subsection designation and all that follows
through ``and those portions of tributaries'' and inserting the
following:
``(m) Definitions.--In this section, the terms `estuary' and
`estuarine zone' have the meanings such terms have in section
104(n)(4), except that--
``(1) the term `estuary' also includes near coastal
waters and other bodies of water within the Great Lakes
that are similar in form and function to the waters
described in the definition of `estuary' contained in
section 104(n)(4); and
``(2) the term `estuarine zone' also includes--
``(A) waters within the Great Lakes described
in paragraph (1) and transitional areas from
such waters that are similar in form and
function to the transitional areas described in
the definition of `estuarine zone' contained in
section 104(n)(4);
``(B) associated aquatic ecosystems; and
``(C) those portions of tributaries''.
----------
5. An Amendment To Be Offered by Representative Moore of Wisconsin, or
Her Designee, Debatable for 10 Minutes
Page 14, strike lines 3 through 6 and insert the following:
(g) Research.--Section 320(k)(1)(A) of such Act (as
redesignated by subsection (d) of this section) is amended--
(1) by striking ``paramenters'' and inserting
``parameters''; and
(2) by inserting ``(including monitoring of both
pathways and ecosystems to track the introduction and
establishment of nonnative species)'' before ``, to
provide the Administrator''.
----------
6. An Amendment To Be Offered by Representative Shea-Porter of New
Hampshire, or Her Designee, Debatable for 10 Minutes
Page 4, line 10, strike ``and'' at the end.
Page 4, line 12, insert ``and'' after the semicolon.
Page 4, after line 12, insert the following:
``(iii) the impacts of changes in sea
level on estuarine water quality,
estuarine habitat, and infrastructure
located in the estuary;
----------
7. An Amendment To Be Offered by Representative Kratovil of Maryland,
or His Designee, Debatable for 10 Minutes
Page 6, strike line 3, and insert the following:
(b) Members of Conference; Collaborative Processes.--
(1) Members of conference.--Section 320(c)(5)
Page 6, after line 6, insert the following:
(2) Collaborative processes.--Section 320(d) of such
Act (33 U.S.C. 1330(d)) is amended--
(A) by striking ``(d)'' and all that follows
through ``In developing'' and inserting the
following:
``(d) Utilization of Existing Data and Collaborative
Processes.--
``(1) Utilization of existing data.--In developing'';
and
(B) by adding at the end the following:
``(2) Utilization of collaborative processes.--In
updating a plan under subsection (f)(4) or developing a
new plan under subsection (b), a management conference
shall make use of collaborative processes to--
``(A) ensure equitable inclusion of affected
interests;
``(B) engage with members of the management
conference, including through--
``(i) the use of consensus-based
decision rules; and
``(ii) assistance from impartial
facilitators, as appropriate;
``(C) ensure relevant information, including
scientific, technical, and cultural
information, is accessible to members;
``(D) promote accountability and transparency
by ensuring members are informed in a timely
manner of--
``(i) the purposes and objectives of
the management conference; and
``(ii) the results of an evaluation
conducted under subsection (f)(3);
``(E) identify the roles and responsibilities
of members--
``(i) in the management conference
proceedings; and
``(ii) in the implementation of the
plan; and
``(F) seek resolution of conflicts or
disputes as necessary.''.