On the recordApril 17, 2012
I yield myself the balance of my time. It appears that the argument here is that this language that we've drafted and passed in the manager's amendment is not strong enough. Let me read the appropriate words. In the gentleman from New Mexico's amendment, he focuses on the word ``shall,'' which, of course, is strong language. But he follows it with ``construed.'' Now that raises the question: Construed by whom? Our language says very specifically that nothing in here is intended to authorize or facilitate any use regarding extraction. We say that is the intent of the law, very specifically. When you use the word ``construed,'' I dare say, Mr. Chairman, that you are opening this wide open to litigation, and maybe that is exactly what the gentleman intended. By focusing on ``shall,'' he doesn't focus on the operative word, which is ``construed,'' because ``construed'' can be used by anybody outside in order to sue. We say very specifically, even though we didn't think extraction was part of this underlying legislation, but we say very specifically it's not intended to reinforce it. That was the reason that provision was in the manager's amendment. So I urge my colleagues to defeat the Heinrich amendment. With that, I yield back the balance of my time. The Acting CHAIR. The question is on the amendment offered by the gentleman from New Mexico (Mr. Heinrich). The question was taken; and the Acting Chair announced that the noes appeared to have it.
