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[House Report 110-758]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-758

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 415) TO AMEND THE WILD 
AND SCENIC RIVERS ACT TO DESIGNATE SEGMENTS OF THE TAUNTON RIVER IN THE 
 COMMONWEALTH OF MASSACHUSETTS AS A COMPONENT OF THE NATIONAL WILD AND 
                          SCENIC RIVERS SYSTEM

                                _______
                                

   July 14, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                      [To accompany H. Res. 1339]

    The Committee on Rules, having had under consideration 
House Resolution 1339, 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. 415, to 
amend the Wild and Scenic Rivers Act to designate segments of 
the Taunton River in the Commonwealth of Massachusetts as a 
component of the National Wild and Scenic Rivers System, 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 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 for 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 
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 clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions.
    The rule provides that, notwithstanding the operation of 
the previous question, the Chair may postpone further 
consideration of the bill to a time designated by the Speaker.
    The rule takes from the Speaker's table S. 2062 (the Native 
American Housing Assistance and Self-Determination 
Reauthorization Act of 2007), adopts an amendment in the nature 
of a substitute consisting of the text of H.R. 2786 as passed 
by the House, passes S. 2062 as amended, and provides that the 
House insists on its amendment and requests a conference with 
the Senate.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for clauses 9 and 10 of rule 
XXI) the Committee is not aware of any points of order. The 
waiver of all points of order is prophylactic. The waiver of 
all points of order (except clause 10 of rule XXI) against the 
amendment in the nature of a substitute includes a waiver of 
clause 7 of rule XVI regarding germaneness.

                            COMMITTEE VOTES

Rules Committee record vote No. 556

    Date: July 14, 2008.
    Measure: H.R. 415.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Blunt (MO), #14, which would 
require the EPA to remove a boutique fuel from the list 
published pursuant to EPAct 2005 if that fuel ceases to be 
included in any State Implementation Plan or if the fuel is 
functionally identical to a Federal fuel control promulgated 
and implemented by EPA, and would provide EPA with additional 
waiver authority related to unexpected problems with certain 
distribution or delivery equipment.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--
Yea; Hastings (WA)--Yea; Slaughter--Nay.

Rules Committee record vote No. 557

    Date: July 14, 2008.
    Measure: H.R. 415.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for two amendments, each separately debatable, (1) an 
amendment by Rep. Myrick (NC), #15, which would add to the bill 
the text of H.R. 6108, the Deep Ocean Energy Resources Act, and 
(2) an amendment by Rep. Young (AK), #10, which would add to 
the bill the text of H.R. 6107, the American Energy 
Independence and Price Reduction Act.
    Results: Defeated 2-6.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Castor--Nay; Sutton--Nay; Dreier--Yea; Hastings 
(WA)--Yea; Slaughter--Nay.

Rules Committee record vote No. 558

    Date: July 14, 2008.
    Measure: H.R. 415.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Thornberry (TX), #11, which 
would create a competitive leasing program in parts of Alaska, 
remove the congressional moratoria on drilling in the outer 
continental shelf, require the IRS to implement certain 
refinery provisions from EPAct 2005, allow tax exempt bonds to 
be used for refinery construction, and make use of Federal 
lands for new refineries and would also disallow the Nuclear 
Regulatory Commission from denying an application for a 
license, permit, or other authorization under the Atomic Energy 
Act of 1954 on the grounds that sufficient capacity does not 
exist, provide a tax credit to companies for the cost they 
endure for paying a mechanical engineer to become Nuclear Stamp 
Certified, and offer a tax credit for CO2 captured 
for use in marginal wells for enhanced oil recovery.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--
Yea; Hastings (WA)--Yea; Slaughter--Nay.

Rules Committee record vote No. 559

    Date: July 14, 2008.
    Measure: H.R. 415.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Roskam (IL), #12, which would 
authorize the Secretary of Energy to enter into loan and 
profit-sharing agreements for qualifying coal-to-liquid 
projects, including a commercial-scale project that converts 
coal or a petroleum refinery waste product to a liquid or 
gaseous transportation fuel.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--
Yea; Hastings (WA)--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Bishop, Rob (UT): Would remove from the bill the 
designation as a recreational river of a 9-mile segment of the 
Taunton River from Muddy Cove to the confluence with the 
Quequechan River at the Route 195 Bridge in Fall River. (10 
minutes)
    2. Shuler (NC): Would amend the bill to state that nothing 
in this Act shall be construed as affecting the authority, 
jurisdiction, or responsibility of the Commonwealth of 
Massachusetts to manage, control, or regulate fish and resident 
wildlife under State law or regulations, including the 
regulation of hunting, fishing, trapping, and recreational 
shooting, and that nothing in the Act shall be construed as 
limiting access for hunting, fishing, trapping, or recreational 
shooting. (10 minutes)
    3. Pearce (NM): Would require the Secretary of the Interior 
to report to Congress on the energy resources available on the 
lands and waters included in the segments of the Taunton River 
designated by the bill. (10 minutes)
    4. Boyda (KS): Would require that nothing in the bill 
impact the supply of domestically-produced energy resources. 
(10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

    Page 2, line 24, insert a close quotation mark and period 
after ``river.''.
    Page 3, strike lines 1 through 4.
                              ----------                              

    2. An Amendment To Be Offered by Representative Shuler of North 
          Carolina, or His Designee, Debatable for 10 Minutes

    At the end of the bill, add the following:

SEC. 3. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING.

    Nothing in this Act shall be construed as affecting the 
authority, jurisdiction, or responsibility of the Commonwealth 
of Massachusetts 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.
                              ----------                              

 3. 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. 3. ENERGY AND CONGRESSIONAL REVIEW.

    The Secretary of the 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 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 segments of the Taunton 
River designated under section 2 of this Act. 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 cubic feet of natural gas, natural gas 
        transmission and storage potential, 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.
                              ----------                              

4. An Amendment To Be Offered by Representative Boyda of Kansas, or Her 
                   Designee, Debatable for 10 minutes

    At the end of the bill, add the following:

SEC. 3. DOMESTICALLY-PRODUCED ENERGY RESOURCES.

    Nothing in this Act shall impact the supply of 
domestically-produced energy resources.

                                  
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