```

[House Report 110-519]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-519

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1528) TO AMEND THE 
NATIONAL TRAILS SYSTEM ACT TO DESIGNATE THE NEW ENGLAND NATIONAL SCENIC 
                     TRAIL, AND FOR OTHER PURPOSES

                                _______
                                

  January 28, 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. 940]

    The Committee on Rules, having had under consideration 
House Resolution 940, 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. 1528, the 
New England National Scenic 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 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.

                         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 rule XIII, clause 3(c)(4), requiring the inclusion in 
the report of certain performance goal information. 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. 421

    Date: January 28, 2008.
    Measure: H.R. 1528.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for a substitute amendment by Rep. Bishop, Rob (UT), 
#6, which encourages the Secretary of the Interior to work with 
the affected states, local governments and private 
organizations to include certain specified lands as part of the 
National Trails System. The amendment also affords the States 
of Massachusetts and Connecticut the same procedural 
protections granted to the State of New Hampshire under section 
5 of the introduced bill before any trail may be established.
    Results: Defeated 3-5.
    Vote by Members: Cardoza--Nay; Welch--Nay; Castor--Nay; 
Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 422

    Date: January 28, 2008.
    Measure: H.R. 1528.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bishop, Rob (UT), #5, which 
prohibits the use of eminent domain to add lands to the New 
England National Scenic Trail.
    Results: Defeated 3-6.
    Vote by Members: McGovern--Nay; Cardoza--Nay; Welch--Nay; 
Castor--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 423

    Date: January 28, 2008.
    Measure: H.R. 1528.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Flake (AZ), #1, which 
eliminates funding under cooperative agreements for the 
Appalachian Mountain Club and the Connecticut Forest and Park 
Association.
    Results: Defeated 3-6.
    Vote by Members: McGovern--Nay; Cardoza--Nay; Welch--Nay; 
Castor--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 424

    Date: January 28, 2008.
    Measure: H.R. 1528.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers en bloc for an amendment by Rep. Bishop, Rob (UT), #2, 
which requires the Secretary of the Interior to give notice to 
property owners within the trail and allows them to decline to 
be part of the trail; and an amendment by Rep. Bishop, Rob 
(UT), #3, which grants the States of Massachusetts and 
Connecticut the same procedural protections granted to the 
State of New Hampshire under section 5 of the bill before any 
lands may be added to the trail. The amendment also requires 
written permission from landowners before any of the 
landowner's land may be included in the trail.
    Results: Defeated 3-6.
    Vote by Members:
    McGovern--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; 
Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea; Sessions--Yea; 
Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Bishop, Rob (UT): The amendment delays designation of 
the trail until all environmental analyses and the review 
required by Public Law 107-338 have been completed by the 
Secretary of the Interior. (10 minutes)
    2. Bishop, Rob (UT): The amendment states that state and 
local laws regarding hunting, fishing, trapping and netting 
shall be the exclusive laws regarding these activities on the 
trail. (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

  At the end of the bill, add the following new section:

SEC. 6. EFFECTIVE DATE.

  This Act shall be effective on the date that the Secretary 
issues a final National Scenic Trail Feasibility Study and 
Environmental Assessment for the New England National Scenic 
Trail.
                              ----------                              

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

  Page 3, line 6, insert ``(a) In General.--'' before ``The 
Secretary''.
  Page 3, after line 17, insert the following:
  (b) Application of Certain State and Local Laws.--
Notwithstanding subsection (a), all designated and future 
designated lands within the New England National Scenic Trail, 
including all Federal lands, shall be exclusively governed by 
relevant State and local laws regarding hunting, fishing, and 
the possession or use of a weapon (including concealed 
weapons), trap, or net.

                                  

```