[House Report 107-315]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-315

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          BEAR RIVER MIGRATORY BIRD REFUGE VISITOR CENTER ACT

                                _______
                                

December 4, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3322]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3322) to authorize the Secretary of the Interior to 
construct an education and administrative center at the Bear 
River Migratory Bird Refuge in Box Elder County, Utah, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3322 is to authorize the Secretary of 
the Interior to construct an education and administrative 
center at the Bear River Migratory Bird Refuge in Box Elder 
County, Utah.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Bear River marshes of the northern portion of the Great 
Salt Lake in Utah have been a waterfowl oasis and an important 
inland waterfowl flyway for centuries. After decades of human 
encroachment and repeated outbreaks of waterfowl botulism, 
Congress moved to protect these marshes by creating the Bear 
River Migratory Bird Refuge in 1928. Devastating floods in 
1983-85 virtually destroyed the Refuge, as dikes were breached 
and salt water from the Great Salt Lake flooded the freshwater 
marshes. The Refuge's newly constructed visitor facilities, 
roads and administrative buildings were also destroyed. Since 
that time, there have been no visitor facilities at the Refuge.
    Once the waters of the Great Salt Lake receded in 1989, 
employees and volunteers worked to restore habitat destroyed by 
the floods and improve water management through an extensive 
reconstruction of dikes and waterways. Additional lands 
adjacent to the Refuge have also been acquired. However, the 
Refuge still lacks a functional education and administrative 
center.
    Since 1995, Congress had appropriated almost $7.5 million 
for the construction of a visitor center and administrative 
facility at the Bear River Migratory Bird Refuge. In addition, 
non-profit groups such as the Friends of the Bear River Refuge 
and the local communities have raised $1.5 million towards the 
construction of an education center. H.R. 3322 provides an 
authorization of $11 million for the construction of an 
education center and administrative facility and limits the 
matching contribution requirement from private sources to no 
more than $1.5 million.

                            COMMITTEE ACTION

    H.R. 3322 was introduced on November 16, 2001, by 
Congressman James V. Hansen (R-UT). The bill was referred to 
the Committee on Resources. On November 28, 2001, the Resources 
Committee met to consider the bill. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This Act may be cited as the ``Bear River Migratory Bird 
Refuge Visitor Center Act''.

Section 2. Findings

    The section includes findings that describe the factual 
situation surrounding the Refuge, the destruction that resulted 
from the 1985 flood, and the support Congress has shown for the 
Refuge.

Section 3. Definitions

    This section defines ``Secretary'', ``Refuge'', and 
``Education and Administrative Center''.

Section 4. Authorization of construction of the education center

    This section directs the Secretary of Interior to build an 
Education and Administrative Center at the Bear River Migratory 
Bird Refuge, and authorizes $11 million to be used for 
construction.

Section 5. Matching contributions requirements

    This section authorizes the Secretary to accept donations 
of funds and services from non-federal sources, but limits the 
amount of any matching contributions that the Secretary may 
require at $1,500,000.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Secretary of the 
Interior to construct an education and administrative center at 
the Bear River Migratory Bird Refuge in Box Elder County, Utah.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of Rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 30, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3322, the Bear 
River Migratory Bird Refuge Visitor Center Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3322--Bear River Migratory Bird Refuge Visitor Center Act

    H.R. 3322 would direct the U.S. Fish and Wildlife Service 
(USFWS) to build an education and administrative center at the 
Bear River Migratory Bird Refuge in Utah. The bill would 
authorize the appropriation of $11 million for this purpose. 
Section 5 of the bill would prohibit the USFWS from requiring 
nonfederal contributors to provide more than $1.5 million for 
the project.
    The construction project authorized by H.R. 3322 is already 
being carried out by the USFWS under existing statutory 
authority. To date, about $7.5 million has been appropriated 
for this purpose, including $1 million for fiscal year 2002. 
CBO estimates that the USFWS would spend an additional $3.5 
million for the center as a result of this legislation, 
assuming appropriation of that amount. Based on information 
provided by the USFWS, CBO expects local participants will 
spend about $1.5 million to help complete the project.
    H.R. 3322 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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