79–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–378 

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 


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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 


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(CA) and Rep. DeSaulnier (CA) and Rep. Sinema (AZ) and Rep. 

Luja ́n (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. Ca ́ rdenas (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) 


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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 CA ́ RDENAS

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 9ll. 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— 


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(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.— 


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(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: 


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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. 

Æ 


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