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[House Report 115-378]
[From the U.S. Government Publishing Office]

115th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       115-378

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2936) TO EXPEDITE UNDER 
   THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 AND IMPROVE FOREST 
MANAGEMENT ACTIVITIES ON NATIONAL FOREST SYSTEM LANDS, ON PUBLIC LANDS 
UNDER THE JURISDICTION OF THE BUREAU OF LAND MANAGEMENT, AND ON TRIBAL 
LANDS TO RETURN RESILIENCE TO OVERGROWN, FIRE-PRONE FORESTED LANDS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

  October 31, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mr. Newhouse, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 595]

    The Committee on Rules, having had under consideration 
House Resolution 595, by a record vote of 7 to 3, 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. 2936, the 
Resilient Federal Forests Act of 2017, under a structured rule. 
The resolution provides one hour of general debate equally 
divided among and controlled by the chair and ranking minority 
member of the Committee on Agriculture and 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 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 115-
36 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further 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. 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 the following:
           Section 302(f) of the Congressional Budget 
        Act, which prohibits consideration of legislation 
        providing new budget authority in excess of a 302(a) 
        allocation of such authority.
           Section 303 of the Congressional Budget Act, 
        which prohibits consideration of legislation, providing 
        a change in revenues for a fiscal year until the budget 
        resolution for that year has been agreed to and;
           Clause 10 of rule XXI, which prohibits the 
        consideration of a bill if it has the net effect of 
        increasing mandatory spending over the five-year or 
        ten-year period.
    The waiver of all points of order against the amendment in 
the nature of substitute made in order as original text 
includes a waiver of the following:
           Section 306 of the Congressional Budget Act, 
        which prohibits consideration of legislation within the 
        jurisdiction of the Committee on the Budget unless 
        referred to or reported by the Budget Committee and;
           Clause 7 of rule XVI, which requires that no 
        motion or proposition on a subject different from that 
        under consideration shall be admitted under color of 
        amendment.
    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 of all points of order 
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. 131

    Motion by Ms. Slaughter to report an open rule. Defeated: 
3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................  ............  Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................  ............  Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 132

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers to amendment #15, offered by Rep. Schrader 
(OR) and Rep. Carbajal (CA) and Rep. O'Halleran (AZ) and Rep. 
Thompson (CA) and Rep. Bonamici (OR) and Rep. Costa (CA) and 
Rep. Lujan Grisham (NM) and Rep. Kuster (NH) and Rep. Panetta 
(CA) and Rep. DeSaulnier (CA) and Rep. Sinema (AZ) and Rep. 
Lujan (NM) and Rep. Polis (CO) and Rep. DeFazio (OR) and Rep. 
Bera (CA) and Rep. Kildee (MI), which strikes Title X of the 
bill and inserts the Wildfire Disaster Funding Act (HR 2862). 
Defeated: 3-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Woodall.....................................          Nay   Mr. McGovern......................          Yea
Mr. Burgess.....................................  ............  Mr. Hastings of Florida...........          Yea
Mr. Collins.....................................  ............  Mr. Polis.........................  ............
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 133

    Motion by Mr. Cole to report the rule. Adopted: 7-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................  ............  Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................  ............  Mr. Polis.........................  ............
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Schrader (OR), DeFazio (OR), Panetta (CA): Strikes 
``produce timber'' as a forest management activity designated 
for Categorical Exclusion. (10 minutes)
    2. Khanna (CA): Strikes Subtitle B of Title III, the Forest 
Management Activity Arbitration Pilot Program, from the bill. 
(10 minutes)
    3. O'Halleran (AZ): Strikes sections 801 and 903. (10 
minutes)
    4. Cardenas (CA): Requires the Secretary of Agriculture, in 
consultation with other relevant Departments, to conduct a 
study to evaluate the feasibility, safety and cost 
effectiveness of using unmanned aerial vehicles for the 
purposes of supporting wildfire response and suppression as 
well as forest restoration and management. (10 minutes)
    5. DeFazio (OR), Schrader (OR), Walden (OR): Adds land 
exclusions to Sec. 913, including Yaquina Head Outstanding 
Natural Area, Wild and Scenic Rivers Act, Wilderness Act, lands 
managed under the National Trails System. (10 minutes)
    6. LaMalfa (CA), DeSaulnier (CA): Directs OPM to create a 
``wildland firefighter'' occupational series. (10 minutes)
    7. Pearce (NM): Establishes a pilot program to demonstrate 
effective tools and techniques for safeguarding natural 
resources. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

    Page 13, line 6, insert ``or'' after the semicolon.

    Page 13, strike line 7 (and redesignate the subsequent 
paragraph accordingly).

    Page 13, line 9, strike ``through (6)'' and insert 
``through (5)''.
                              ----------                              

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

    Page 27, beginning line 19, strike subtitle B.
                              ----------                              

 3. An Amendment To Be Offered by Representative O'Halleran of Arizona 
               or His Designee, Debatable for 10 Minutes

    Page 59, beginning line 3, strike subtitle A (and 
redesignate the subsequent subtitle and sections accordingly).

    Page 66, beginning line 19, strike section 903.
                              ----------                              

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

    At the end of subtitle A of title IX, add the following new 
section:

SEC. 9__. STUDY ON USE OF UNMANNED AERIAL VEHICLES TO SUPPORT WILDLAND 
                    FIRE RESPONSE AND MANAGEMENT.

    (a) Study Required.--The Secretary of Agriculture shall 
conduct a study to evaluate--
          (1) the feasibility, safety, and cost effectiveness 
        of using unmanned aerial vehicles for the purposes of 
        supporting wildland fire response and suppression and 
        forest restoration and management; and
          (2) the effect that increased use of unmanned aerial 
        vehicles for such purposes will have on employment.
    (b) Consultation.--In conducting the study, the Secretary 
of Agriculture shall consult with the heads of other Federal 
agencies involved in wildfire suppression and aviation, 
including the Secretary of the Interior, the Secretary of 
Homeland Security, the Secretary of Defense, and the Secretary 
of Transportation.
    (c) Reporting Requirement.--Not later than two years after 
the date of the enactment of this Act, the Secretary of 
Agriculture shall submit to Congress a report containing the 
results of the study.
                              ----------                              

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

    Page 77, beginning line 4, strike subsection (b) and insert 
the following new subsection:

    (b) Certain Exclusions.--
          (1) Certain lands excluded.--Subsection (a) does not 
        apply to--
                  (A) the Yaquina Head Outstanding Natural Area 
                established under section 119 of Public Law 96-
                199 (43 U.S.C. 1783);
                  (B) lands managed under the Wild and Scenic 
                Rivers Act (16 U.S.C. 1271 et seq.);
                  (C) lands managed under the Wilderness Act 
                (16 U.S.C. 1131 et seq.); and
                  (D) lands managed under the National Trails 
                System Act (16 U.S.C. 1241 et seq.).
          (2) Certain revenue excluded.--Subsection (a) does 
        not apply to any revenue that is required to be 
        deposited in the Coos Bay Wagon Road grant fund 
        pursuant to sections 1 through 4 of the Act of May 24, 
        1939 (43 U.S.C. 2621-2624.).
                              ----------                              

 6. An amendment To Be Offered by Representative LaMalfa of California 
               or His Designee, Debatable for 10 Minutes

    Page 80, after line 9, insert the following new subtitle:

              Subtitle D--Wildland Firefighter Recognition

SEC. 931. DEFINITIONS.

    In this subtitle:
          (1) Director.--The term ``Director'' means the 
        Director of the Office of Personnel Management.
          (2) Employee.--The term ``employee'' has the meaning 
        given the term in section 2105 of title 5, United 
        States Code.
          (3) Federal land management agency.--the term 
        ``Federal land management agency'' means--
                  (A) within the Department of the Interior--
                          (i) the Bureau of Land Management;
                          (ii) the Bureau of Indian Affairs;
                          (iii) the National Park Service; and
                          (iv) the United States Fish and 
                        Wildlife Service; and
                  (B) within the Department of Agriculture, the 
                Forest Service.
          (4) Wildland fire.--The term ``wildland fire'' means 
        any non-structure fire that occurs in vegetation or 
        natural fuels, including prescribed fire and wildfire.
          (5) Wildand firefighter.--The term ``wildland 
        firefighter'' means--
                  (A) an employee of a Federal land management 
                agency, the duties of whose position are 
                primarily to perform work directly related to 
                the prevention, control, suppression, 
                management of wildland fires, or support of 
                wildland fire activities; and
                  (B) an employee of a Federal land management 
                agency who is transferred to a supervisory or 
                administrative position from a position 
                described in subparagraph (A).

SEC. 2. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

    (a) In General.--
          (1) Development of occupational series required.--Not 
        later than 30 days after the date of enactment of this 
        Act, the Director, in cooperation with the Federal land 
        management agencies, shall carry out a distinct 
        wildland firefighter occupational series that more 
        accurately reflects the variety of duties performed by 
        wildland firefighters.
          (2) Designation.--The official title assigned to any 
        occupational series established under paragraph (1) 
        shall include the designation of ``Wildland 
        Firefighter''.
          (3) Positions described.--Paragraph (1) shall apply 
        with respect to any class or other category of 
        positions that consists primarily or exclusively of 
        forestry technician positions, range technician 
        positions, or any other positions the duties and 
        responsibilities of which include--
                  (A) significant prevention, preparedness, 
                control, suppression, or management activities 
                for wildland fires; or
                  (B) activities necessary to meet any other 
                emergency incident to which assigned.
          (4) Consultation.--It is the sense of Congress that 
        the Director should consult with employee associations 
        and any other groups that represent wildland 
        firefighters in carrying out this subsection.
          (5) Implementation.--Not later than 2 years after the 
        date of enactment of this Act--
                  (A) the Director shall complete the 
                development of the wildland firefighter 
                occupational series required under paragraph 
                (1); and
                  (B) the Secretary of the Interior and the 
                Secretary of Agriculture shall use the wildland 
                firefighter occupational series developed under 
                paragraph (1) in the advertising and hiring of 
                a wildland firefighter.
    (b) Hazardous Duty Differential Not Affected.--Section 
5545(d)(1) of title 5, United States Code, is amended by 
striking ``except in such circumstances as the Office may by 
regulation prescribe; and'' and inserting the following: 
``except--
                  ``(A) with respect to an employee in an 
                occupational series covering positions for 
                which the primary duties involve the 
                prevention, control, suppression, or management 
                of wildland fires, as determined by the Office; 
                and
                  ``(B) in such other circumstances as the 
                Office may by regulation prescribe; and''.
    (c) Current Employees.--Any individual employed as a 
wildland firefighter on the date on which the occupational 
series established pursuant to subsection (a) takes effect may 
elect to--
          (1) remain in the occupational series in which the 
        individual is working; or
          (2) be included in the wildland firefighter 
        occupational series established pursuant to subsection 
        (a).
                              ----------                              

7. An Amendment To Be Offered by Representative Pearce of New Mexico or 
                 His Designee, Debatable for 10 Minutes

    Page 75, after line 5, insert the following new section:

SEC. 910A. PILOT PROJECT FOR FOREST HEALTH, WATERSHED IMPROVEMENT, AND 
                    HABITAT RESTORATION IN NEW MEXICO.

    (a) Pilot Project Established.--The Secretary of 
Agriculture, acting through the Chief of the Forest Service, 
shall conduct a pilot project within the Lincoln National 
Forest, Cibola National Forest, and Gila National Forest in the 
State of New Mexico to analyze and demonstrate the 
effectiveness of various tools and techniques to address the 
following natural resource concerns:
          (1) Thinning for forest health.
          (2) Watershed improvement.
          (3) Habitat restoration.
    (b) Authorized Activities.--The Secretary of Agriculture in 
carrying out the pilot project established under subsection (a) 
may conduct applied silvicultural investigations and 
treatments, including--
          (1) silvicultural investigations conducted for the 
        purposes of information gathering and research relating 
        to the natural resource concerns described in 
        subsection (a); and
          (2) mechanical thinning.
    (c) Objections to Silvicultural Investigation or 
Treatment.--The Secretary may not carry out a silvicultural 
investigation or treatment under this section if a county in 
which such investigation or treatment would be conducted 
objects to such investigation or treatment.
    (d) Environmental Assessment Under the National 
Environmental Policy Act.--Forest management activities carried 
out by the Secretary of Agriculture under this section are a 
category of actions hereby designated as being categorically 
excluded from the preparation of an environmental assessment or 
an environmental impact statement under section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (e) Consultation Under the Endangered Species Act.--Forest 
management activities carried out by the Secretary of 
Agriculture under this section shall be subject to section 123, 
including subsection (b) of such section.
    (f) Public Participation.--The Secretary shall encourage 
meaningful public participation during preparation of a 
silvicultural investigation or treatment under this section.
    (g) Arbitration Pilot Program Resolution.--
          (1) In general.--An objection or protest to a forest 
        management activity carried out pursuant to this 
        section shall be addressed through the arbitration 
        program established under section 311.
          (2) Limitation on number of arbitrations.--An 
        arbitration described in paragraph (1) shall not be 
        counted towards the limitation on number of 
        arbitrations under section 311(a)(3).
    (h) Termination.--The authority to carry out this section 
shall terminate on the date that is 7 years after the date of 
the enactment of this section.

                                  [all]
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