H. Res. 1248: H.R. 4715 - Clean Estuaries Act of 2010

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday, April 14, 2010.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 235-171 on Thursday, April 15, 2010.

MANAGERS: Pingree/Foxx

111th Congress 
2nd Session

H.RES 1248

[Report No. 111-463]

 

 

H.R. 4715 - Clean Estuaries Act of 2010

1.         Structured rule. 

2.         Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure.

3.         Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.

4.         Provides that the bill shall be considered as read.

5.         Provides that all points of order against provisions of the bill are waived.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

6.         No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.  Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

7.         Waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI.

8.         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.

9.         Provides one motion to recommit with or without instructions.

10.       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.

11.       Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

12.       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 from the Rules Committee through the legislative day of Friday, April 16, 2010, providing for consideration of a measure relating to the extension of unemployment insurance.

13.       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.

RESOLUTION

                        Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. In the case of sundry amendments reported from the Committee, the question of their adoption shall be put to the House en gros and without division of the question. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Transportation and Infrastructure or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

Sec. 3. The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of April 16, 2010, providing for consideration of a measure relating to the extension of unemployment insurance.

Sec. 4. It shall be in order at any time through the legislative day of 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.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Oberstar (MN)

#9

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)

#8

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)

#11

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)

#2

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)

#5

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)

#6

Would ensure that comprehensive conservation and management plans address the impacts and potential effects of sea level change.

(10 minutes)

7. Kratovil (MD)

#7

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)