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[House Report 112-405]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-405

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1837) TO ADDRESS CERTAIN 
WATER-RELATED CONCERNS ON THE SAN JOAQUIN RIVER, AND FOR OTHER PURPOSES

                                _______
                                

 February 28, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 566]

    The Committee on Rules, having had under consideration 
House Resolution 566, 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. 1837, the 
San Joaquin Valley Water Reliability Act, 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 Natural Resources. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
purpose of amendment an amendment in the nature of a substitute 
consisting of Rules Committee Print 112-15 and provides that it 
shall be considered as read. The resolution waives all points 
of order against the amendment in the nature of a substitute. 
The resolution makes in order only those 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. Finally, 
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 Section 311 of the Congressional 
Budget Act, which prohibits consideration of legislation that 
would cause revenues to be less than the level of total 
revenues set forth in the concurrent resolution on the Budget.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    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 is 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. 196

    Motion by Mr. McGovern to report an open rule. Defeated: 4-
6.

------------------------------------------------------------------------
        Majority members            Vote     Minority members     Vote
------------------------------------------------------------------------
Mr. Sessions....................      Nay   Ms. Slaughter.....      Yea
Mr. Woodall.....................      Nay   Mr. McGovern......      Yea
Mr. Nugent......................      Nay   Mr. Hastings of         Yea
                                             Florida.
Mr. Scott of South Carolina.....      Nay   Mr. Polis.........      Yea
Mr. Webster.....................      Nay
Mr. Dreier, Chairman............      Nay
------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. McClintock (CA): Manager's Amendment. Would make several 
technical and clarifying changes to the bill. (10 minutes)
    2. Thompson, Mike (CA), Eshoo (CA): Would prevent several 
provisions of this Act from going into effect if any 
agriculture, agriculture-related, fishery, or fishery-related 
job is lost North of the Sacramento-San Joaquin River Delta. 
(10 minutes)
    3. McNerney (CA): Would prevent several provisions of the 
Act from taking effect until it is determined that it will not 
harm the quality or safety of drinking water supplies for 
residents of California's Delta region (Contra Costa, 
Sacramento, San Joaquin, Solano, and Yolo Counties). (10 
minutes)
    4. McNerney (CA): Would prevent several provisions of the 
Act from taking effect until it is determined that it will not 
harm water quality or water availability for agricultural 
producers in California's Delta region (Contra Costa, 
Sacramento, San Joaquin, Solano, and Yolo Counties). (10 
minutes)
    5. Garamendi (CA): Would remove provisions of the bill that 
seek to privatize a public resource and restore the Secretary 
of the Interior's discretion over water contract renewals. (10 
minutes)
    6. Napolitano (CA): Would create a revenue stream through 
the elimination of a subsidy that allowed irrigators to repay 
project debt with no interest. (10 minutes)
    7. Garamendi (CA): Would remove provisions of the bill that 
seek to decrease current supply of water to the Delta region. 
(10 minutes)
    8. Markey, Edward (MA), Thompson, Mike (CA), Matsui (CA): 
Would replace provisions in H.R. 1837 that override state law 
with a provision upholding state law and requiring use of the 
best available science. (10 minutes)
    9. Garamendi (CA): Would ensure that new water deliveries 
to Kettleman City can be met with existing water allocations. 
(10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

     1. An Amendment To Be Offered by Representative McClintock of 
          California or His Designee, Debatable for 10 Minutes

  Page 3, line 24, strike ``CONTRACTS'' and insert 
``CONTRACT''.
  Page 4, starting on line 7, strike ``, and renew such 
contracts for successive periods of 40 years each''.
  Page 4, after line 9, insert the following new subsection:
  (b) Administration of Contracts.--Except as expressly 
provided by this Act, any existing long-term repayment or water 
service contract for the delivery of water from the Central 
Valley Project shall be administered pursuant to the Act of 
July 2, 1956 (70 Stat. 483).
  Page 4, line 10, strike ``(b)'' and insert ``(c)''.
  Page 11, line 21, strike ``.00''.
  Page 12, line 3, strike ``, no'' and insert ``no''.
  Page 16, line 18, strike ``submit to'' and insert ``submit to 
the''.
  Page 16, line 23, strike ``options--'' and insert 
``options:''.
  Page 19, line 3, after ``may partner'' insert ``or enter into 
an agreement''.
  Page 19, line 11, after ``No'' and before ``Federal funds'' 
insert ``additional''.
  Page 19, lines 11, strike ``this purpose and'' and insert 
``the activities authorized in sections 103(d)(1)(A)(i), 
103(d)(1)(A)(ii) and 103(d)(1)(A)(iii) of Public Law 108-
361.''.
  Page 19, lines 11 and 12, before ``each water storage 
project'' insert ``However,''.
  Page 19, line 12, after ``water storage project'' insert 
``under sections 103(d)(1)(A)(i), 103(d)(1)(A)(ii) and 
103(d)(1)(A)(iii) of Public Law 108-361''.
  Page 20, line 10, strike ``valid''.
  Page 20, line 17, strike ``valid''.
  Page 25, line 16, insert a period after ``inclusive''.
  Page 26, line 4, insert a colon after ``Settlement''.
  Page 37, line 22, insert ``the first place it appears'' 
before ``and''.
  Page 38, line 1, strike ``, provided;'' and insert 
``provided''.
  Page 39, line 19, strike ``after'' and insert ``before''.
  Page 39, line 21, strike ``after'' and insert ``before''.
  Page 49, line 12, insert ``Central Valley Project'' before 
``water''.
  Page 52, line 12, after ``Sacramento River'' insert ``or San 
Joaquin River''.
  Page 52, line 21, strike ``MISCELLANOUS'' and insert 
``MISCELLANEOUS''.
                              ----------                              

2. An Amendment To Be Offered by Representative Thompson of California 
               or His Designee, Debatable for 10 Minutes

  After section 2, insert the following:

SEC. 3. EFFECTIVE DATE CONDITIONS.

  Notwithstanding sections 104, 105, 110, and 111 and title 
III, nothing in this Act or the amendments made by this Act 
shall take effect until the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, the Secretary 
of Commerce, and the Secretary of Labor, certifies that the 
provisions of this Act and the amendments made by this Act will 
not result in the loss of agriculture, agriculture-related, 
fishery, or fishery-related jobs or revenue in California 
counties north of the Sacramento-San Joaquin River Delta.
                              ----------                              

3. An Amendment To Be Offered by Representative McNerney of California 
               or His Designee, Debatable for 10 Minutes

  After section 2, insert the following:

SEC. 3. EFFECTIVE DATE CONDITIONS.

  Notwithstanding sections 104, 105, 110, and 111, and title 
III, this Act and the amendments made by this Act shall not 
take effect until the Secretary of the Interior, in 
consultation with other Federal agencies with relevant 
expertise, determines that this Act and the amendments made by 
this Act shall not have a harmful effect on the quality or 
safety of drinking water supplies for residents of the five 
Delta Counties (Contra Costa County, Sacramento County, San 
Joaquin County, Solano County, and Yolo County, California).
                              ----------                              

4. An Amendment To Be Offered by Representative McNerney of California 
               or His Designee, Debatable for 10 Minutes

  After section 2, insert the following:

SEC. 3. EFFECTIVE DATE CONDITIONS.

  Notwithstanding sections 104, 105, 110, and 111, and title 
III, this Act and the amendments made by this Act shall not 
take effect until the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, determines that 
carrying out this Act and the amendments made by this Act shall 
not have a harmful effect on water quality or water 
availability for agricultural producers in the five Delta 
Counties (Contra Costa County, Sacramento County, San Joaquin 
County, Solano County, and Yolo County, California).
                              ----------                              

5. An Amendment To Be Offered by Representative Garamendi of California 
               or His Designee, Debatable for 10 Minutes

  Strike section 103.
                              ----------                              

     6. An Amendment To Be Offered by Representative Napolitano of 
          California or Her Designee, Debatable for 10 Minutes

  Page 4, line 15, after the period insert the following: 
``Charges for all delivered water shall include interest, as 
determined by the Secretary of the Treasury, on the basis of 
average market yields on outstanding marketable obligations of 
the United States with the remaining periods of maturity 
comparable to the applicable reimbursement period of the 
project, adjusted to the nearest \1/8\ of 1 percent on the 
underpaid balance of the allocable project cost.''.
                              ----------                              

7. An Amendment To Be Offered by Representative Garamendi of California 
               or His Designee, Debatable for 10 Minutes

  Strike section 105.
                              ----------                              

8. An Amendment To Be Offered by Representative Markey of Massachusetts 
               or His Designee, Debatable for 10 Minutes

  Amend subsection (a) of section 108 to read as follows:
  (a) Operation.--Notwithstanding any other provision of this 
Act, the Central Valley Project and the State Water Project 
shall be operated in a manner that meets all obligations under 
State and Federal law, with operational constraints that are 
based on the best available science.
                              ----------                              

9. An Amendment To Be Offered by Representative Garamendi of California 
               or His Designee, Debatable for 10 Minutes

    Page 22, line 13, after ``water'' insert ``, conserved from 
the San Luis Unit,''.

                                  
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