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[House Report 114-375]
[From the U.S. Government Publishing Office]

114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     114-375

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2130) TO PROVIDE LEGAL 
  CERTAINTY TO PROPERTY OWNERS ALONG THE RED RIVER IN TEXAS, AND FOR 
 OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND 
                               THE RULES

                                _______
                                

  December 8, 2015.--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. 556]

    The Committee on Rules, having had under consideration 
House Resolution 556, 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. 2130, the 
Red River Private Property Protection Act, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by 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 the amendment in the nature of a 
substitute recommended by the Committee on Natural Resources 
now printed in the bill 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.
    Section 2 of the resolution provides that it shall be in 
order at any time through the calendar day of December 13, 
2015, for the Speaker to entertain motions that the House 
suspend the rules and that the Speaker or his designee shall 
consult with the Minority Leader or her designee on the 
designation of any matter for consideration pursuant to this 
section.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver of all points of order prophylactic 
in nature.
    Although the resolution waives all points of order against 
provisions in the amendment in the nature of a substitute made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
amendments printed in this report, the Committee is not aware 
of any points of order. The waiver is 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. 129

    Motion by Ms. Slaughter to provide that the Committee add a 
section to the rule that provides for the consideration of H.R. 
1076, the Denying Firearms and Explosives to Dangerous 
Terrorists Act of 2015, under an open rule. Defeated: 4-9

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

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Bishop, Rob (UT): MANAGER'S Ensures that nothing in the 
bill would create or reinstate a tribal reservation or any 
portion of a tribal reservation; ensures that nothing in the 
bill will alter the valid rights of the Kiowa, Comanche, and 
Apache Nations to the mineral interest trust fund created 
pursuant to the Act of June 12, 1926; allows for the affected 
federally recognized Indian tribes to be a part of the survey 
process; and allows for further judicial review after the 
administrative appeals process for landowners. (10 minutes)
    2. Cole (OK): Ensures the bill preserves past and current 
surface and mineral rights for affected Indian tribes. (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 5, line 12, insert ``and seek further judicial review'' 
after ``appeal''.
  Page 5, line 18, strike ``Not'' and insert the following:
  (a) Appeal to Administrative Law Judge.--Not
  Page 5, after line 23, insert the following:
  (b) Further Judicial Review.--
          (1) In general.--A landowner who filed an appeal 
        under subsection (a) and is adversely affected by the 
        final decision may, not later than 120 days after the 
        date of the final decision, file a civil action in the 
        United States district court for the district----
                  (A) in which the person resides; or
                  (B) in which the affected area is located.
          (2) Standard of review.--The district court may 
        review the case de novo and may enter a judgment 
        enforcing, modifying, and enforcing as so modified, or 
        setting aside in whole or in part, the decision of the 
        administrative law judge.
  Page 6, line 8, insert ``or further judicial review'' after 
``appeal''.
  Page 6, line 9, insert ``or judicial review'' after 
``appeal''.
  Page 6, line 11, insert ``or judicial review'' after 
``appeal''.
  Page 6, line 20, insert ``or judicial review'' after 
``appeal''.
  Page 6, line 21, insert ``or further judicial review'' after 
``appeal''.
  Page 6, line 23, insert ``or judicial reviews'' after 
``appeals''.
  Page 6, line 25, insert ``or further judicial review'' after 
``appeal''.
  Page 9, line 14, insert ``or further judicial review'' after 
``appeal''.
  Page 11, after line 20, insert the following:
  (d) Tribal Reservations.--Nothing in this Act shall be 
construed to create or reinstate a tribal reservation or any 
portion of a tribal reservation.
  (e) Tribal Mineral Interests.--Nothing in this Act shall be 
construed to alter the valid rights of the Kiowa, Comanche, and 
Apache Nations to the mineral interest trust fund created 
pursuant to the Act of June 12, 1926.
  Insert ``and each affected federally recognized Indian 
tribe'' after ``Oklahoma Commissioners of the Land Office'' 
each place it appears.
                              ----------                              

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

  Page 6, line 13, strike ``landowners'' and insert ``federally 
recognized Indian tribes with jurisdiction over lands''.
  Page 7, lines 8 and 9, strike ``or deed or color of title''.
  Page 7, line 11, strike ``$1.25'' and insert ``fair market 
value''.
  Page 8, after line 7, insert the following (and redesignate 
the subsequent clauses accordingly):
                          (i) the federally recognized Indian 
                        tribes holding reservation or allotment 
                        land on June 5, 1906, with the first 
                        right of refusal;
  Page 8, line 9, strike ``first'' and insert ``second''.
  Page 8, line 13, strike ``second'' and insert ``third''.
  Page 8, line 15, strike ``third'' and insert ``fourth''.
  Page 8, line 18, strike ``fourth'' and insert ``fifth''
  Page 8, after line 22, insert the following (and redesignate 
the subsequent clauses accordingly):
                          (i) the federally recognized Indian 
                        tribes holding reservation or allotment 
                        land on June 5, 1906, with the first 
                        right of refusal;
  Page 8, line 24, strike ``first'' and insert ``second''.
  Page 9, line 3, strike ``second'' and insert ``third''.
  Page 9, line 5, strike ``third'' and insert ``fourth''.
  Page 9, line 8, strike ``fourth'' and insert ``fifth''
  Page 11, after line 20, insert the following:
  (d) Tribal Allotments.--Nothing in this Act shall be 
construed to alter the present median line of the Red River as 
it relates to the surface or mineral interests of tribal 
allottees north of the present median line.

                                  [all]
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