H.R. 4200 - Forest Emergency Recovery and Research Act

COMMITTEE ACTION:  REPORTED BY A VOICE VOTE, on Tuesday May 16, 2006.
FLOOR ACTION: ADOPTED BY VOICE VOTE, on Wednesday May 17, 2006

MANAGERS: BISHOP/MATSUI
109th Congress
2nd Session
H.RES. 816
[Report No. 109-467]

H.R. 4200 – Forest Emergency Recovery and Research Act

1. Structured rule.

2. Provides one hour of general debate with 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Resources, 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Agriculture, and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure.

3. Waives all points of order against consideration of the bill.

4. Provides that in lieu of the amendment recommended by the Committee on Resources now printed in the bill, the amendment in the nature of a substitute consisting of the text of the amendment in the nature of a substitute printed in the Congressional Record and numbered 1 pursuant to clause 8 of rule XVIII, shall be considered as an original bill for the purpose of amendment under the five minute rule and shall be considered as read.

5. Waives all points of order against that amendment in the nature of a substitute printed in the Congressional Record

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments printed in the report accompanying the resolution 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 in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report.

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

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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. 4200) to improve the ability of the Secretary of Agriculture and the Secretary of the Interior to promptly implement recovery treatments in response to catastrophic events affecting Federal lands under their jurisdiction, including the removal of dead and damaged trees and the implementation of reforestation treatments, to support the recovery of non-Federal lands damaged by catastrophic events, to revitalize Forest Service experimental forests, 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. General debate shall be confined to the bill and shall not exceed one hour, with 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Resources, 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Agriculture, and 20 minutes equally divided and controlled by the chairman 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. In lieu of the amendment recommended by the Committee on Resources now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of the amendment in the nature of a substitute printed in the Congressional Record and numbered 1 pursuant to clause 8 of rule XVIII. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute 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 in the House or in the Committee of the Whole. All points of order against such amendments are waived. 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. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. 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.

 

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SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

1.) Rahall (WV) #1
Strikes all waivers of existing conservation laws by removing the bill's exemptions from requirements of the National Historic Preservation Act, the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act (NEPA). The amendment also specifically requires that the Secretary concerned comply with the NEPA in utilizing the authorities under H.R. 4200. (10 minutes)

2.) DeFazio (OR) #3
Allows the emergency procedures authorized by H.R. 4200 to be used on lands managed for timber production. For all other lands--except where prohibited, such as wilderness areas--the Secretary would be required to amend land management plans to incorporate salvage and restoration activities. (10 minutes)

3.) Inslee (WA) #2
Exempts any provision in the underlying bill from being applicable to any inventoried roadless area within the National Forest System set forth in the maps contained in the Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000. (10 minutes)

4.) Udall (NM) #4
Adds language in Sec 102(e) directing the relevant Secretary to consider the effect of any pre-approved management practice or catastrophic event recovery or research project on fire risk and forest regeneration. It further states that the Secretary may not implement the practice or carry out the recovery or research project unless the Secretary is able to certify that the activity will not increase fire risk or decrease forest regeneration. (10 minutes)

 

 

TEXT OF THE AMENDMENTS

1.)Rahall (WV) #1

2.)DeFazio (OR) #3

3.)Inslee (WA) #2

4.)Udall (NM) #4