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# Legislative Bulletin..........................................\..........April 9, 2008

**Contents:**

> Amendments to H.R. 2016---National Landscape Conservation System Act

H.R. 2016, the National Landscape Conservation System Act (sponsored by
Rep. Grijalva, D-AZ), is scheduled to be considered on the House floor
on Wednesday, April 9, 2008, subject to a structured rule
([**H.Res.1084**](http://thomas.loc.gov/cgi-bin/query/z?c110:H.Res.1084:)),
making in order the following eight amendments, each debatable for 10
minutes.

The rule waives all points of order against consideration of the bill,
except those regarding PAYGO and earmarks, waives all points of order
against the bill itself---except the PAYGO rule---and allows the Chair
to postpone consideration of the legislation at any time during its
consideration. The rule allows one motion to recommit with or without
instructions.

[Note]{.underline}: The summaries below are based on RSC staff review of
*actual amendment text* and thus differ from what's on the Rules
Committee website. For a summary of the underlying bill, see a separate
RSC document released today.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717

**AMENDMENTS MADE IN ORDER UNDER THE RULE**

**1. *Grijalva (D-AZ). ***The amendment states that nothing in this Act
shall impede any efforts by the Department of Homeland Security to
secure the borders of the United States.

**2. Cannon (R-UT).** The amendment inserts language to ensure that
nothing in this Act creates a cause of action (a specific legal claim
for which a suit may be filed) based on inclusion within the National
Landscape Conservation System (NLCS). This amendment seeks to protect
those who reside or work in NLCS land from any lawsuits that may arise
as a result of inclusion.

**3. Bishop (R-UT).** The amendment removes language from the bill which
states that the NLCS is established "in order to conserve, protect, and
restore nationally significant landscapes that have outstanding
cultural, ecological, and scientific values for the benefit of current
and future generations," and replaces it with language that plainly
states, "there is established in the Bureau of Land Management the
National Landscape Conservation System."

**4. Bishop (R-UT).** The amendment removes language which requires NLCS
land to be managed in a manner that "protects the values for which the
components of the system were designated," and replaces it with language
that requires NLCS land to be managed in accordance with applicable laws
relating to each component of the system. In the past, determining the
"values" of National Park Service (NPS) units has proven difficult and
has resulted in litigation. This amendment seeks to clarify NLCS
management guidelines.

**5. Bishop (R-UT).** The amendment states that "nothing in this Act is
intended to additionally restrict or hinder energy development within
the system."

**6. *Altmire (D-PA)/Carney (D-PA). *** The amendment clarifies that
nothing in this Act shall affect the authority of states to control and
regulate fish and wildlife (including hunting, fishing, trapping, and
recreational shooting) on public land managed by the Bureau of Land
Management (BLM). The amendment also states that nothing in the Act
shall be construed as limiting access for hunting, fishing, trapping, or
recreational shooting.

**7. Pearce (R-NM).** The amendment states that inclusion in the NLCS
shall not affect current grazing rights or operations. The BLM
administers over 18,000 grazing permits, which allow over 13 million
authorized livestock to graze on 160 million acres of public rangeland.

**8. *Waldon (D-OR). ***The amendment removes the Steens Mountain
Cooperative Management and Protection Area, located in Harney County,
Oregon, from inclusion in the NLCS. The 425,000 acre area is managed by
the BLM and is largely protected from mining and cattle grazing.

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