39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–374 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2824) TO AMEND THE 

SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 TO STOP 

THE ONGOING WASTE BY THE DEPARTMENT OF THE INTERIOR OF TAXPAYER RESOURCES AND IMPLEMENT THE FINAL RULE ON EXCESS 

SPOIL, MINING WASTE, AND BUFFERS FOR PERENNIAL AND INTERMITTENT STREAMS, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2641) TO PROVIDE FOR IMPROVED COORDINATION OF AGENCY ACTIONS IN THE PREPARATION AND ADOPTION OF 

ENVIRONMENTAL DOCUMENTS FOR PERMITTING DETERMINATIONS, 

AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF 

MOTIONS TO SUSPEND THE RULES 

MARCH 5, 2014.—Referred to the House Calendar and ordered to be printed 

Mr. WEBSTER, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 501] 

The Committee on Rules, having had under consideration House 

Resolution 501, by a record vote of 7 to 4, 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. 2824, Preventing Government Waste and Protecting Coal Mining Jobs in 

America, 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 an amendment in the nature of a substitute 

consisting of the text of Rules Committee Print 113–41, modified 

by the amendment printed in part A of this report, 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 to H.R. 

2824 printed in part B of 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 


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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 part B of this report. The rule provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

2641, the Responsibly And Professionally Invigorating Development Act of 2013, 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 the Judiciary. 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 113–39 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 to H.R. 2641 printed in part C of 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 part C of this report. The resolution provides one motion to recommit with or without instructions. 

Section 3 of the resolution provides that it shall be in order at 

any time on the legislative day of March 6, 2014, for the Speaker 

to entertain motions that the House suspend the rules relating to 

a measure addressing loan guarantees to Ukraine. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 2824, 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 the 

amendment in the nature of a substitute to H.R. 2824 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 the 

amendments to H.R. 2824 printed in part B of this report, 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 consideration of H.R. 2641, 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 the 

amendment in the nature of a substitute to H.R. 2641 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 the 

amendments to H.R. 2641 printed in part C of this report, the 


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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. 114 

Motion by Ms. Slaughter to report open rules for H.R. 2824 and 

H.R. 2641. Defeated: 4–7. 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... ................... Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. Nay 

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 115 

Motion by Ms. Foxx to report the rule. Adopted: 7–4. 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Bishop of Utah .......................................... ................... Mr. McGovern ................................................... Nay 

Mr. Cole ............................................................ Yea Mr. Hastings of Florida ................................... Nay 

Mr. Woodall ...................................................... ................... Mr. Polis ........................................................... Nay 

Mr. Nugent ....................................................... Yea 

Mr. Webster ...................................................... Yea 

Ms. Ros-Lehtinen ............................................. Yea 

Mr. Burgess ...................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENT TO H.R. 2824 IN PART A CONSIDERED

AS ADOPTED

Hastings, Doc (WA): MANAGER’S Updates the legislation to reflect and address recent litigation. 

SUMMARY OF THE AMENDMENTS TO H.R. 2824 IN PART B MADE IN

ORDER

1. Lowenthal (CA): Requires States to implement the June 30, 

1983 Office of Surface Mining Reclamation and Enforcement 

stream buffer zone rule, unless a State has a program with greater 

stream protection. (10 minutes) 

2. Cartwright (PA), Van Hollen (MD), Lowenthal (CA): Ensures 

that states maintain the ability to issue their own stream buffer 

rules. (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 2641 IN PART C MADE IN

ORDER

1. Jackson Lee (TX): Strikes deemed approved language for any 

project for which an agency does not meet the deadlines contained 

in the bill. (10 minutes) 


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2. McKinley (WV): Does not allow agencies under this legislation 

to take into account the ‘‘social cost of carbon’’ from the ‘‘Technical 

Support Document: Social Cost of Carbon for Regulatory Impact 

Analysis Under Executive Order 12866 from May 2013 or November 2013.’’ (10 minutes) 

3. Webster (FL), Rigell (VA): Provides for projects that are under 

environmental review at the time of enactment to be completed 

within the deadlines that the underlying bill outlines. (10 minutes) 

4. Nadler (NY): Exempts from the bill any construction project 

for a nuclear facility planned in an area designated as an earthquake fault zone. (10 minutes) 

5. Johnson, Hank (GA): Clarifies that nothing in the bill will 

change or limit any law or regulation allowing for public comment 

or participation in an agency decision making process. (10 minutes) 

PART A—TEXT OF AMENDMENT TO H.R. 2824 CONSIDERED AS ADOPTED

Page 1, line 17, before the last period insert ‘‘which complies with 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in 

view of the 2006 discussions between the Director of the Office of 

Surface Mining and the Director of the United States Fish and 

Wildlife Service, and the Office of Surface Mining Reclamation and 

Enforcement’s consideration and review of comments submitted by 

the United States Fish and Wildlife Service during the rulemaking 

process in 2007’’. 

Page 2, strike ‘‘and’’ after the semicolon at line 12, and after line 

12 insert the following (and redesignate the subsequent subparagraph accordingly): 

‘‘(C) carry out all required consultation on the benefits 

and other impacts of the implementation of the rule to any 

threatened species or endangered species, with the participation of the United States Fish and Wildlife Service and 

the United States Geological Survey; and 

PART B—TEXT OF AMENDMENTS TO H.R. 2824 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

LOWENTHAL OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 1, beginning at line 16, strike ‘‘December 12, 2008 (73 Fed. 

Reg. 75813 et seq.)’’ and insert ‘‘June 30, 1983 (48 Fed. Reg. 

30312), except that this paragraph shall not apply to a State if the 

Governor of the State notifies the Secretary that such application 

would reduce stream protection from the level of protection 

achieved by the State program as in effect on the date of the enactment of the Preventing Government Waste and Protecting Coal 

Mining Jobs in America’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARTWRIGHT OF PENNSYLVANIA OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 1, line 17, before the last period insert ‘‘, except that this 

subsection shall not apply to a State if, upon request from the Governor of the State, the Secretary finds that the State’s existing program exceeds the standards established by such rule regarding exVerDate Mar 15 2010 04:32 Mar 06, 2014 Jkt 039006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR374.XXX HR374

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cess spoil, coal mine waste, and buffers for perennial and intermittent streams’’. 

PART C—TEXT OF AMENDMENTS TO H.R. 2641 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 25, strike lines 1 through 19. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKINLEY

OF WEST VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 27, insert after line 17 the following, and redesignate succeeding subsections accordingly: 

‘‘(k) LIMITATION ON USE OF SOCIAL COST OF CARBON .— ‘‘(1) IN GENERAL.—In the case of any environmental review 

or environmental decisionmaking process, a lead agency may 

not use the social cost of carbon. 

‘‘(2) DEFINITION.—In this subsection, the term ‘social cost of 

carbon’ means the social cost of carbon as described in the 

technical support document entitled ‘Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866’, published by the Interagency Working Group on Social Cost of 

Carbon, United States Government, in May 2013, revised in 

November 2013, or any successor thereto or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide 

emissions in a given year.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WEBSTER

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 30, line 9, insert after ‘‘subchapter.’’ the following: ‘‘In the 

case of a project for which an environmental review or environmental decisionmaking process was initiated prior to the date of 

enactment of this subchapter, the provisions of subsection (i) shall 

apply, except that, notwithstanding any other provision of this section, in determining a deadline under such subsection, any applicable period of time shall be calculated as beginning from the date 

of enactment of this subchapter.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NADLER OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 30, line 23, insert after ‘‘112-141).’’ the following: 

‘‘(q) EXCEPTION.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

this section, the provisions of this section shall not apply in the 

case of a project described in paragraph (2), or an environmental document pertaining to such a project. 

‘‘(2) PROJECT DESCRIBED.—A project described in this paragraph is any project that pertains to a nuclear facility in an 

area designated as an earthquake fault zone.’’. 


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5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 32, after line 2, insert the following: 

(d) RULE OF CONSTRUCTION.—Nothing in this Act or the amendments made by this Act shall have the effect of changing or limiting any law or regulation that requires or provides for public comment or public participation in an agency decision making process. 

Æ 


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