US Congress House Bill 3189 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Republican 14-2)
Status: Engrossed on March 24 2014 - 50% progression, died in committee
Action: 2014-03-24 - Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Pending: Senate Energy And Natural Resources Committee
Text: Latest bill text (Engrossed) [PDF]

Water Rights Protection Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from: (1) conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint or sole ownership) directly to the United States, or any impairment in title, in whole or in part, granted or recognized under state law, by federal or state adjudication, decree, or other judgment, or pursuant to any interstate water compact; and (2) requiring any water user (including any federally recognized Indian tribe) to apply for a water right in the name of the United States under state law as a condition of such a land use or occupancy agreement. States that nothing in this Act shall: (1) limit or expand any existing authority of the Secretaries to condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on federal lands subject to their respective jurisdictions; (2) interfere with existing or future Bureau of Reclamation contracts; (3) affect the implementation of the Endangered Species Act of 1973; (4) limit or expand any existing federal reserved water rights on lands administered by the Secretary of the Interior or the Secretary of Agriculture; (5) limit or expand certain authorities under the Federal Power Act; and (6) limit or expand any existing reserved water right or treaty right of any federally recognized Indian tribe.

Water Rights Protection Act

Rep. Scott Tipton [R-CO]	Rep. Mark Amodei [R-NV]	Rep. Rob Bishop [R-UT]	Rep. Jason Chaffetz [R-UT]
Rep. Mike Coffman [R-CO]	Sen. Kevin Cramer [R-ND]	Sen. Cory Gardner [R-CO]	Rep. Paul Gosar [R-AZ]
Sen. Cynthia Lummis [R-WY]	Rep. Jim Matheson [D-UT]	Rep. Tom McClintock [R-CA]	Rep. Stevan Pearce [R-NM]
Rep. Ted Poe [R-TX]	Rep. Jared Polis [D-CO]	Rep. Michael Simpson [R-ID]	Rep. Chris Stewart [R-UT]

2014-03-13 - House - On Passage (Y: 238 N: 174 NV: 19 Abs: 0) [PASS]
2014-03-13 - House - On Motion to Recommit with Instructions (Y: 183 N: 227 NV: 21 Abs: 0) [FAIL]
2014-03-13 - House - On Agreeing to the Amendment (Y: 175 N: 236 NV: 20 Abs: 0) [FAIL]

Date	Chamber	Action
2014-03-24	Senate	Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
2014-03-13	House	The title of the measure was amended. Agreed to without objection.
2014-03-13	House	Motion to reconsider laid on the table Agreed to without objection.
2014-03-13	House	On passage Passed by recorded vote: 238 - 174 (Roll no. 132).
2014-03-13	House	On motion to recommit with instructions Failed by recorded vote: 183 - 227 (Roll no. 131). (consideration: CR H2407)
2014-03-13	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2407)
2014-03-13	House	DEBATE - The House proceeded with 10 minutes of debate on the Kirkpatrick motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to clarify that nothing in the underlying legislation may prohibit the Secretary of the Interior or the Secretary of Agriculture from (1) protecting Tribal treaty rights; (2) preserving recreational fishing; (3) mitigating drought conditions in an area covered by an emergency drought declaration; or (4) facilitating fire suppression.
2014-03-13	House	Mrs. Kirkpatrick moved to recommit with instructions to Natural Resources. (consideration: CR H2406-2407; text: CR H2406)
2014-03-13	House	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2395-2396)
2014-03-13	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3189.
2014-03-13	House	H.AMDT.597 On agreeing to the Polis amendment (A003) Failed by recorded vote: 175 - 236 (Roll no. 130). (consideration: CR H2405-2406)
2014-03-13	House	UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
2014-03-13	House	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2014-03-13	House	Considered as unfinished business. (consideration: CR H2405-2408)
2014-03-13	House	Committee of the Whole House on the state of the Union rises leaving H.R. 3189 as unfinished business.
2014-03-13	House	On motion that the Committee rise Agreed to by voice vote.
2014-03-13	House	Mr. Hastings (WA) moved that the Committee rise.
2014-03-13	House	POSTPONED PROCEEDINS - At the conclusion of debate on the Polis Part A substitute amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Polis demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
2014-03-13	House	DEBATE - Pursuant to the provisions of H.Res. 515, the Committee of the Whole proceeded with 10 minutes of debate on the Polis Part A amendment no. 3.
2014-03-13	House	H.AMDT.597 Amendment (A003) in the nature of a substitute offered by Mr. Polis. (consideration: CR H2398-2401, H2405-2406; text: CR H2398)Amendment in the nature of a substitute sought to mandate that the U.S. Forest Service may not condition ski area permits on the transfer of title of any water right or require any ski area permittee to acquire a water right in the name of the United States.
2014-03-13	House	H.AMDT.596 On agreeing to the Mullin amendment (A002) Agreed to by voice vote.
2014-03-13	House	DEBATE - Pursuant to the provisions of H.Res. 515, the Committee of the Whole proceeded with 10 minutes of debate on the Mullin Part A amendment no. 2.
2014-03-13	House	H.AMDT.596 Amendment (A002) offered by Mr. Mullin. (consideration: CR H2397-2398; text: CR H2397)Amendment clarifies protections for the water rights of American Indian tribes and ensures that the Department of the Interior and the Department of Agriculture cannot use one-sided permits, licenses, approvals and other land management tools to take water from Indian tribes without just compensation.
2014-03-13	House	H.AMDT.595 On agreeing to the Tipton amendment (A001) Agreed to by voice vote.
2014-03-13	House	DEBATE - Pursuant to the provisions of H.Res. 515, the Committee of the Whole proceeded with 10 minutes of debate on the Tipton Part A amendment no. 1.
2014-03-13	House	H.AMDT.595 Amendment (A001) offered by Mr. Tipton. (consideration: CR H2396-2397; text: CR H2396)Amendment clarifies that the Act will have no effect on Bureau of Reclamation contracts, implementation of the Endangered Species Act, certain existing federal reserved water rights, and certain authorities under the Federal Power Act.
2014-03-13	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3189.
2014-03-13	House	The Speaker designated the Honorable Virginia Foxx to act as Chairwoman of the Committee.
2014-03-13	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 515 and Rule XVIII.
2014-03-13	House	The resolution provides for one hour of debate on H.R. 3189. The rule makes in order as original text for the purpose of amendment an 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 rule provides for a closed rule for H.R. 4015 with one hour of debate on the bill.
2014-03-13	House	Considered under the provisions of rule H. Res. 515. (consideration: CR H2385-2401)
2014-03-12	House	Rules Committee Resolution H. Res. 515 Reported to House. The resolution provides for one hour of debate on H.R. 3189. The rule makes in order as original text for the purpose of amendment an 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 rule provides for a closed rule for H.R. 4015 with one hour of debate on the bill.
2014-03-04	House	Placed on the Union Calendar, Calendar No. 278.
2014-03-04	House	Committee on Agriculture discharged.
2014-03-04	House	Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-372, Part I.
2013-11-14	House	Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 14.
2013-11-14	House	Committee Consideration and Mark-up Session Held.
2013-11-14	House	Subcommittee on Water and Power Discharged.
2013-10-10	House	Subcommittee Hearings Held.
2013-10-04	House	Referred to the Subcommittee on Conservation, Energy, and Forestry.
2013-10-02	House	Referred to the Subcommittee on Water and Power.
2013-09-26	House	Referred to House Agriculture
2013-09-26	House	Referred to House Natural Resources
2013-09-26	House	Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

SB1630 (Same As) 2013-10-31 - Read twice and referred to the Committee on Energy and Natural Resources.
HR515 (Related) 2014-03-13 - Motion to reconsider laid on the table Agreed to without objection.

Type	Source
Summary	https://www.congress.gov/bill/113th-congress/house-bill/3189/all-info
Text	https://www.congress.gov/113/bills/hr3189/BILLS-113hr3189ih.pdf
Text	https://www.congress.gov/113/bills/hr3189/BILLS-113hr3189rh.pdf
Text	https://www.congress.gov/113/bills/hr3189/BILLS-113hr3189eh.pdf
Roll Call	https://clerk.house.gov/Votes/2014130
Roll Call	https://clerk.house.gov/Votes/2014131
Roll Call	https://clerk.house.gov/Votes/2014132