69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–744 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1286) TO AMEND THE 

NATIONAL TRAILS SYSTEM ACT TO DESIGNATE THE WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL 

JULY 8, 2008.—Referred to the House Calendar and ordered to be printed 

Mr. CARDOZA, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1317] 

The Committee on Rules, having had under consideration House 

Resolution 1317, by a record vote of 8 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. 1286, the 

‘‘Washington-Rochambeau Revolutionary Route National Historic 

Trail Designation Act,’’ under a structured rule. The rule provides 

one hour of general debate equally divided and controlled by the 

chairman and ranking minority member of the Committee on Natural Resources. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The rule provides that the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in 

the bill, modified by the amendment printed in part A of this report, shall be considered as an original bill for the purpose of 

amendment and shall be considered as read. The rule waives all 

points of order against the amendment in the nature of a substitute except clause 10 of rule XXI. This waiver does not affect the 

point of order available under clause 9 of rule XXI (regarding earmark disclosure). 

The rule makes in order only those amendments printed in part 

B of this report. The amendments made in order 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 

a division of the question in the House or in the Committee of the 

Whole. All points of order against the amendments except for 


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clauses 9 and 10 of rule XXI are waived. The rule provides one motion to recommit with or without instructions. The rule provides 

that the Chair may postpone further consideration of the bill to a 

time designated by the Speaker. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except for clauses 9 and 10 of rule XXI) includes a waiver of clause 

4(a) of rule XIII, requiring a three-day layover of the committee report. Although the rule waives all points of order against the 

amendment in the nature of a substitute (except clause 10 of rule 

XXI), the Committee is not aware of any points of order. The waiver of all points of order is prophylactic. 

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. 552 

Date: July 8, 2008. 

Measure: H.R. 1286. 

Motion by: Mr. Dreier. 

Summary of motion: To grant an open rule. 

Results: Defeated 3–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea. 

Rules Committee Record Vote No. 553 

Date: July 8, 2008. 

Measure: H.R. 1286. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Bishop, Rob (UT), #2, which 

would require that land within the trail shall be governed by State 

and local hunting, fishing, trapping and weapons laws. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Sutton—Nay; Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea. 

Rules Committee Record Vote No. 554 

Date: July 8, 2008. 

Measure: H.R. 1286. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Bishop, Rob (UT), #3, which 

would make the provision concerning hindrance of energy activities 

applicable to all land in the National Trails System. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Cardoza—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; 

Sutton—Nay; Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea. 


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Rules Committee Record Vote No. 555 

Date: July 8, 2008. 

Measure: H.R. 1286. 

Motion by: Mr. Hastings (FL). 

Summary of motion: To report the rule. 

Results: Adopted 8–3. 

Vote by Members: McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Cardoza—Yea; Welch—Yea; Castor—Yea; Arcuri—Yea; 

Sutton—Yea; Dreier—Nay; Diaz-Balart—Nay; Hastings (WA)—

Nay. 

SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

The amendment provides that the bill does not in any way limit 

access for hunting, fishing, trapping or recreational shooting. It 

also provides that the bill does not in any way infringe on a State’s 

right to manage, control or regulate its hunting, fishing, trapping 

and recreational shooting activities on these lands. 

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Bishop, Rob (UT): Would amend the language in the bill prohibiting the use of eminent domain by the Federal government to 

specifically prohibit the Federal government from acquiring, for the 

trail, from State or local governments, land acquired by a State or 

local government through its own use of eminent domain. (10 minutes) 

2. Pearce (NM): Would require the Secretary to complete and 

submit to Congress a report on the energy resources included in 

the Washington-Rochambeau Revolutionary Route National Historic Trail. (10 minutes) 

PART A—TEXT OF AMENDMENT TO BE CONSIDERED AS 

ADOPTED 

At the end of the bill, add the following: 

SEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING. 

Nothing in this Act shall be construed as affecting the authority, 

jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping, and 

recreational shooting. Nothing in this Act shall be construed as 

limiting access for hunting, fishing, trapping, or recreational shooting. 

PART B—TEXT OF AMENDMENTS MADE IN ORDER UNDER 

THE RULE 

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP OF

UTAH, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike the new subparagraph (D) added by the amendment in 

section 2, and insert the following: 

‘‘(D) LAND ACQUISITION.—The United States shall not acquire for the trail any land or interest in land—


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‘‘(i) outside the exterior boundary of any federally 

managed area without the consent of the owner of the 

land or interest in land; and ‘‘(ii) acquired from a State or local government if 

that land was acquired by such government through 

eminent domain.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PEARCE OF

NEW MEXICO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 

SEC. 4. ENERGY AND CONGRESSIONAL REVIEW. 

The Secretary of Interior, in consultation with the Secretary of 

Energy and private industry, shall complete and submit to the 

Committee on Natural Resources of the House of Representatives, 

the Committee on Energy and Natural Resources of the Senate, 

and Senators and Representatives from the States affected by the 

designation, a report using the best available data and regarding 

the energy resources available on the lands and waters included in 

the Washington-Rochambeau Revolutionary Route National Historic Trail. The report shall—

(1) contain the best available description of the energy resources available on the land and report on the specific amount 

of energy withdrawn from possible development; and 

(2) identify barrels of oil, cubic feet of natural gas, 

megawatts of geothermal, wind and solar energy that could be 

commercially produced, annual available biomass for energy 

production, and any megawatts of hydropower resources available, including tidal, traditional dams, and in-stream flow turbines, and any impact on electricity transmission. 

Æ 


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