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VI. RULES OF PROCEDURE FOR THE COMMITTEE ON
LABOR AND HUMAN RESOURCES

(As amended February 16, 1983)

RULE 1.-Subject to the provisions of Rule XXVL, paragraph 5, of the Standing Rules of the Senate, regular meetings of the Commince shall be held on the second and fourth Wednesday of each month, at 10:00 am, in room SD-430, Dirksen Senate Office Building. The Chairman may, upon proper notice, call such additional meetings as he may deem

necessary.

RUB 2-The Chairman of the Committee or of a subcommittee, or if the Chairman is not present, the ranking Majority member present, shall preside at all meetings.

RULB 3.-Meetings of the Committee or a subcommittee, including meetings to conduct hearings, shall be open to the public except as otherwise specifically provided in subsections (b) and (d) of Rule 26.5 of the Standing Rules of the Senate.

RULF 4-(a) Subject to paragraph (b), one-third of the membership of the Committee, actually present, shall constitute I quorum for the purpose of transacting business. Any quorum of the Committee which is composed of less than a majority of the members of the Committee shall include at least one member of the Majority and one member of the Minority. (b) A majority of the members of a subcommittee, actually present, shall constitute a quorum for the purpose of transacting business: provided, no measure or matter shall be ordered reported unless such majority shall include at least one member of the Minority who is a member of the subcommittee. If, at any subcommittee meeting, a measure or matter cannot be amfered reported because of the absence of such a Minority member, the measure or matter shall lay over for a day. If the presence of a member of the Minority is not then obtained, a majority of the members of the subcommittee, actually present, may order such measure or matter reported.

(c) No measure or matter shall be ordered reported from the Committee or a subcommittee unless a majority of the Commiuce or subcommittee is actually present at the time such action is taken.

RULE S.-With the approval of the Chairman of the Commitice or subcommittee, one member thereof may conduct public hearings other than taking sworn testimony.

RILE 6.-FTOXV voting shall be allowed on all measures and matters before the Commitee or a subcommittee if the absent member has been informed of the matter on which he is being recorded and has affirmatively_requested that he be so recorded. While proxies may be voted on a motion to report a measure or matter from the Committee, such a motion shall also require the concurrence of a majority of the members who are actually present at the time such action is taken.

The Committee may poll any matters of Committee business as a matter of unanimous consent; provided that every member is pulled any every poll consists of the following two questions:

(1) Do you agree or disagree to poll the proposal; and

(2) Do you favor or oppose the proposal.

RULE 7.-There shall be prepared and kept a complete transcript or electronic recording adequate to fully record the proceedings of each Commidee or subcommittee meeting or conference whether or not such meetings or any part thereof is closed pursuant to the specific provisions of subsections (b) and (d) of Rule 26.5 of the Standing Rules of the Senate, unless a majority of said members vote to forgo such a record. Such records shall contain the vote cast by each member of the Commitice or subcommittee on any question on which a "yea and nay" vote is demandod, and shall be available for inspection by any Committee member. The Clark of the Committee, or the Clerk's designee, shall have the responsibility to make appropriate arrangements to implement this Rule.

RULF 8-The Committee and each subcommittee shall undertake, consistent with the provisions of Rule XXVI. paragraph 4, of the Standing Rules of the Senate, to issue public announcement of any hearing it intends to hold at least one week prior to the commencement of such hearing.

RULE 9.-The Commince or a subcommittee shall, so far as practicable, require all witnesses heard before it to file #riden statements of their proposed testimony at least 24 hours before a hearing, unless the Chairman and the ranking Minurity member determine that there is good cause for failure to so file, and to limit their oral presentation to briel summaries of their arguments. The presiding officer at any hearing is authorized to limit the time of each witness appearing before the Committee or a subcommittee. The Committee or a subcommittee shall, as far as practicable, utilize testimony previously taken on bills and measures similar to those before it for consideration.

RULE 10-Should a subcommiuce fail to report back to the full Commitice on any measure within a reasonable time, the Chairman may withdraw the measure from such subcommitee and report that fact to the full Committee for further disposition.

RULE 11-No subcommittee may schedule a meeting or bearing at a time designated for a hearing or meeting of the full Committee No more than one subcommittee executive meeting may be held at the same time.

Ring 12.—It shall be the duty of the Chairman in accordance with section 133(c) of the Legislative Reorganization Act of 1946, as amended, to report or caused to be reported to the Senate, any measure or recommendation approved by the Committee and to take or cause to he unken, necessary steps to bring the matter to a vote in the Senate.

RULE 13.-Whenever a meeting of the Committee or subcommittee is closed pursuant to the provisions of subsection (b) or (d) of Rule 265 of the Standing Rules of the Senate, no person other than members of the Committee, members of the staff of the Committee, and designated assistants to members of the Commitice shall be permitted to sliced such closed session, except by special dispensation of the Committee or subcommittee or the Chairman thereof.

RILE 14-The Chairman of the Committee or a subcommittee shall be empowered to adjourn any meeting of the Commition or a subcommittee if a quorum is not present within fifteen minutes of the time scheduled for such meeting. RULE 15.--Whenever a bill or joint resolution repealing or amending may statute or part thereof shall be before the Committee or a subcommittee for final consideration, the Clerk shall place before each member of the Commitice or subcommittee a print of the statute or the part or section thereof to be amended or replaced showing by stricken-through type, the part or parts to be omitted, and in italics, the matter proposed to be added.

Ruiz 16.-An appropriate opportunity shall be given the Minority to examine the proposed text of Committee reports prior to their filing or publication. In the event there are supplemental, minority, or additional views, an appropriate opportunity shall be given the Majority to examine the proposed text prior to filing or publication.

RULE 17.-) The Committee, or any subcommittee, may issue subpoenas, or hold hearings to take sworn stimony or hear subpoenaed witnesses, only if such investigative activity has been authorized by majority vote of the Co (b) For the purpose of holding a hearing to take sworn testimony or hear subpoenaed witnesses, three members the Committee or subcommitice shall constitute a quorum: provided, with the concurrence of the Chairman and ranking minority member of the Committee or subcommittee, a single member may hear subpoenaed witnesses or take sworn testimony. (c) The Committee may, hy a majority vote, delegate the authority to issue subpoenas to the Chairman of the Committee or a subcommittee, or to any member designated by such Chairman. Prior to the issuance of each subpoena, the ranking minority member of the Committee or subcommittee, and any other member so requesting, shall be notified regarding the identity of the person to whom it will be issued and the nature of the information sought and its relationship to the authorized investigative activity, except where the Chairman of the Committee or subcommittee, in consultation with the ranking minority member, determines that such notice would unduly impede the investigation. All information obtained pursuant to such investigative activity shall be made available as promptly as possible to each member of the Commitice requesting same, or to any assistant in a member of the Commitice designated by such member in writing, but the use of any such information is subject to restrictions imposed by the Rules of the Senate. Such information, to the extent that i is relevant to the investigation shall, if requested by a member, be summarized in writing as soon as practicable. Upon the request of any member, the Chairman of the Committee or subcommittee shall call an executive session to discuss such investigative activity or the issuance of any subpoena in connection therewith.

(d) Any witness summoned to testify at a hearing, or any witness giving sworn testimony, may be accompanied by counsel of his own choosing who shall be permitted, while the witness is testifying, to advise him of his legal rights.

(e) No confidential testimony taken or confidential material presented in an executive hearing, or any report of the proceedings of such an executive hearing, shall be made public, either in whole or in part or by way of summary, unless authorized by a majority of the members of the Committee or subcommitice.

RUTE 18.-Presidential nominees shall submit a statement of their background and financial interests, including the financial interests of their spouse and children living in their household, on a form approved by the Committee which shall be sworn to as to its completeness and accuracy. The Committee form shall be in two parts

(1) information relating to employment, education and background of the nominee relating to the position to which the individual is nominated, and which is to be made public; and,

(II) information relating to financial and other background of the nominee, to be made public when the Committee determines that such information bears directly on the nominee's qualifications to hold the position to which the Individual is nominated.

Information relating to background and financial interests (Part I and II) shall not be required of (a) candidates for appointment and promotion in the Public Health Service Corps; and (b) nominees for less than full-time appointments to councils, commissions or boards when the Committee determines that some or all of the information is not relevant to the nature of the position. Information relating to other hackground and financial interests (Part II) shall not be required of any nomince when the Committee determines that it is not relevant to the nature of the position.

Committee action on a nomination, including hearings or meetings to consider a motion to recommend confirmation, shall not be initiated until at least five days after the nominee submits the form required by this rule unless the Chairman, with the concurrence of the ranking minority member, waives this waiting period.

RULE 19.-Subject to statutory requirements imposed on the Committee with respect to procedure, the rules of the Committee may be changed, modified, amended or suspended at any time: provided, not less than a majority of the entire membership so determine at a regular meeting with due notice, or at a meeting specifically called for that purpose.

RULF 20-In addition to the foregoing, the proceedings of the Committee shall he governed by the Standing Rules

of the Senate and the provisions of the Legislative Reorganization Act of 1946, as amended.

103D CONGRESS 2d Session

SENATE

REPORT 103-228

CLEAR CREEK COUNTY, COLORADO, PUBLIC LANDS
TRANSFER ACT OF 1993

FEBRUARY 23 (legislative day, FEBRUARY 22), 1994.-Ordered to be printed

Mr. JOHNSTON, from the Committee on Energy and Natural
Resources, submitted the following

REPORT

[To accompany H.R. 1134]

The Committee on Energy and Natural Resources, to which was referred the Act (H.R. 1134), to provide for the transfer of certain public lands located in Clear Creek County, Colorado, to the United States Forest Service, the State of Colorado, and certain local governments in the State of Colorado, and for other purposes, having considered the same, reports favorably thereon with amendments and an amendment to the title and recommends that the Act, as amended, do pass.

The amendments are as follows:

1. On page 2, line 22, strike "(1)" and insert in lieu thereof, "(1) The boundaries of the Arapaho National Forest are hereby modified as shown on the map referred to in section 2." and on page 11, line 23, through page 12, line 4, strike subsection (c) in its entirety and redesignate the following subsection accordingly.

2. On page 6, lines 16 and 17 strike "section 202," and insert in lieu thereof "section 2,".

3. On page 8, lines 21 through 24, strike "Any lands so transferred shall after such transfer be held by the recipient thereof under the same terms and conditions as if transferred to such recipient by the United States under such Act." and insert in lieu thereof "Any lands so transferred shall be held by the recipient thereof under the same terms and conditions as if transferred by the United States under such Act,”.

4. On page 9, line 15 strike "MINING" and insert in lieu thereof "MINERAL".

5. On page 10, lines 7 through 15, strike subsection (b) in its entirety.

6. On page 10, beginning on line 16, strike subsection (c) in its entirety and insert in lieu thereof the following:

(b) LIMITATION ON PATENT ISSUANCE.—

Subject to valid existing rights, no patent shall be issued after the date of enactment of this Act for any mining or mill site claim located under the general mining laws within the public lands referred to in sections 4 and 5.

7. On page 11, line 10, strike "title" and insert in lieu thereof "Act" and on page 11, line 19, strike “title” and insert in lieu thereof "Act".

8. On page 11, lines 21 and 22, strike "of such lands on the date of enactment of this Act." and insert in lieu thereof "of such lands on the date of their transfer to the ownership of another party.".

9. Amend the title so as to read: "An Act to provide for the transfer of certain public lands located in Clear Creek County, Colorado, to the Forest Service, the State of Colorado, and certain local governments in the State of Colorado, and for other purposes.".

PURPOSE OF THE MEASURE

The purpose of H.R. 1134, as ordered reported, is to provide for the transfer of certain public lands administered by the Bureau of Land Management and located in Clear Creek County, Colorado, to the Forest Service, the State of Colorado, and certain local governments in the State of Colorado.

BACKGROUND AND NEED

Clear Creek County, Colorado, encompasses mountainous terrain descending eastward from the Continental Divide to the foothills where the Rocky Mountains meet the Great Plains. At the county's heart is the swift-flowing Clear Creek for which the county was named.

This area, acquired by the United States as part of the Louisiana Purchase, was the scene of some of the earliest gold discoveries in Colorado beginning with George Jackson's 1859 strike near the town of Idaho Springs. Subsequently, important silver discoveries were made near the communities of Georgetown and Silver Plume. From this past, a legacy of complicated land-ownership patterns has arisen. Disposal of lands under the mining laws, followed by the establishment of National Forests from remaining public domain lands, has had the effect of leaving numerous scattered tracts under the jurisdiction of the Bureau of Land Management ("BLM”) that are not readily manageable in a comprehensive manner. As a result, the BLM Resource Management Plan, approved in 1986, recommends that all remaining BLM lands in Clear Creek County be transferred to Forest Service management or out of Federal ownership.

Modification of National Forest boundaries requires legislative action. BLM has authority to administratively transfer surface estate to local governments and other qualified recipients under the Recreation and Public Purposes Act (43 U.S.C. 869), but transfer

of mineral interests cannot be accomplished under that Act. In addition, under the Federal Land Policy and Management Act of 1976, BLM can dispose of lands (including both surface and mineral estates) through sales, but such sales must be preceded by surveys and other administrative actions which, in the case of the public lands in Clear Creek County not suitable for National Forest status, would be extremely time-consuming and probably would entail more administrative expense than could be realized from sale of the lands themselves.

Thus, absent legislation, implementation of the transfers and disposals proposed in the Resource Management Plan will be very difficult. H.R. 1134 is intended to resolve this problem.

LEGISLATIVE HISTORY

H.R. 1134, sponsored by Congressman Skaggs, passed the House of Representatives by a voice vote on June 21, 1993.

The Subcommittee on Public Lands, National Parks and Forests held a hearing on H.R. 1134 on November 3, 1993. At the business meeting on February 2, 1994, the Committee on Energy and Natural Resources ordered H.R. 1134, as amended, favorably reported.

COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on February 2, 1994, by a unanimous vote of a quorum present, recommends that the Senate pass H.R. 1134, if amended as described herein.

The roll call vote on reporting the measure was 20 yeas, 0 nays, as follows:

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