[Senate Report 107-78]
[From the U.S. Government Publishing Office]





                                                       Calendar No. 151
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-78

======================================================================



 
            THE CONNECTICUT RIVER ATLANTIC SALMON COMMISSION

                                _______
                                

                October 1, 2001.--Ordered to be printed

                                _______
                                

Mr. Leahy, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                         [To accompany S. 703]

    The Committee on the Judiciary, to which was referred the 
bill (S. 703) to extend the effective period of the consent of 
Congress to the interstate compact relating to the restoration 
of Atlantic salmon to the Connecticut River Basin and creating 
the Connecticut River Atlantic Salmon Commission, and for other 
purposes, having considered the same, reports favorably 
thereon, and recommends that the bill do pass.

                                CONTENTS

                                                                   Page

.................................................................
  I. Purpose..........................................................1
.................................................................
 II. Legislative history..............................................2
.................................................................
III. Discussion.......................................................2
.................................................................
 IV. Vote of the Committee............................................3
.................................................................
  V. Section-by-section analysis......................................3
.................................................................
 VI. Cost estimate....................................................3
.................................................................
VII. Regulatory impact statement......................................5
.................................................................
VIII.Changes in existing law..........................................6


                               I. Purpose

    The purpose of S. 703 is to extend by 20 years the 
effective period of the consent of Congress to the interstate 
compact relating to the restoration of Atlantic salmon to the 
Connecticut River Basin and extending the Connecticut River 
Atlantic Salmon Commission, and to authorize to be appropriated 
Federal funding for the Commission at a level of $9 million 
annually until 2010.

                        II. Legislative History

    Senate bill 703 was introduced on April 5, 2001, by Senator 
Bob Smith of New Hampshire. Original cosponsors include 
Senators Gregg, Kerry, Kennedy, Dodd, Lieberman, Leahy and 
Jeffords. The bill was referred to the Committee on the 
Judiciary. Given the noncontroversial contents of S. 703 and 
its basis and purpose, the Committee elected not to conduct any 
hearings on the matter. The Judiciary Committee met in 
executive session on September 6, 2001, to consider the bill. A 
reporting quorum being present, the bill was approved by voice 
vote and ordered favorably reported to the Senate.
    The House companion bill (H.R. 2062) was introduced by 
Massachusetts Representative John Olver on June 5, 2001. 
Original cosponsors of H.R. 2062 include Representatives 
Simmons, Neal, Bass, Sanders, Larson, DeLauro, Maloney, 
Johnson, and Shays. H.R. 2062 was referred to the House 
Resources Committee and the House Judiciary Committee. On July 
19, 2001, a motion to favorably report H.R. 2062, with an 
amendment reducing the authorization of appropriations from 
$9,000,000 to $5,000,000, was approved by the Fisheries, 
Conservation, Wildlife and Oceans Subcommittee of the House 
Resources Committee. The House Judiciary Committee referred 
H.R. 2062 to its Commercial and Administrative Law Subcommittee 
and requested Executive Comment from the Department of the 
Interior.

                            III. Discussion

    The history of the Connecticut River shows that it was once 
the longest Atlantic salmon spawning run in the United States. 
Yet, throughout the 1700's, as population and pollution 
pressures increased throughout the watershed, native Atlantic 
salmon stocks declined precipitously, virtually disappearing 
from the Connecticut River and its tributaries in the 1800's.
    After passage of the Clean Water Act in 1974 and the slow, 
but successful, return of swimmable and fishable waters 
throughout the river, all four States began coordinating their 
efforts to restore the Connecticut River and bring back the 
economic and environmental resource of the Atlantic salmon 
population--a premier sport fish and critical species in the 
rehabilitation of the larger river ecosystem. Early restoration 
efforts included the construction and maintenance of fish 
passages and salmon hatcheries, research and monitoring of 
salmon fry and other migratory fish hatchlings, and active 
education and outreach to the public.
    In 1983, Congress passed legislation mandating the 
restoration of Atlantic salmon to the Connecticut River--a 400 
mile long river extending through the States of Vermont, New 
Hampshire, Massachusetts, and Connecticut. To do this, Congress 
also created the Connecticut River Atlantic Salmon Commission 
(CRASC), an intergovernmental and interstate commission with 
members including representatives from each of the four member 
States' fish and game agencies, State environmental agencies, 
the U.S. Fish and Wildlife Service (USFWS), the National Marine 
Fisheries Service, and the public. The CRASC was authorized for 
a period of 20 years. According to the USFWS, Federal agencies 
currently spend a total of about $1 million annually for 
activities related to the CRASC. According to the agency, if 
appropriated, additional funds proposed by S. 703 would enable 
the commission to expand its activities and would be used to 
hire additional staff, restore salmon habitat, and upgrade 
infrastructure along the Connecticut River.
    Without enactment of S. 703, the Connecticut River Atlantic 
Salmon Commission authorization and the interstate agreement 
will expire in 2003. This will leave several critical fisheries 
and water quality programs--for Atlantic salmon as well as 
several other species of migratory fish--underfunded and 
without needed interstate coordination and support. CRASC 
programs in all four States play a key role in migratory 
fisheries management throughout the Connecticut River watershed 
by providing hatchery production, adult salmon holding 
facilities, and cooperative assistance to State natural 
resource management agencies. The success of CRASC and its 
migratory fish restoration programs are apparent to all four 
State and local officials, yet there is much more to be done. 
The States have collectively urged Congress to recommit itself 
to this interstate and intergovernmental watershed program by 
reauthorizing and extending the agreement an additional 20 
years.

                       IV. Vote of the Committee

    The Senate Committee on the Judiciary, with a quorum 
present met on Thursday, September 6, 2001, to consider S. 703. 
The Committee considered S. 703 and approved the bill, by voice 
vote, with no objection noted, and ordered the bill to be 
reported favorably to the Senate, with a recommendation that 
the bill do pass.

                     V. Section-by-Section Analysis

    Section 1.--Connecticut River Atlantic Salmon Compact. This 
section extends by 20 years the effective period of the consent 
of Congress to the interstate compact relating to the 
restoration of Atlantic salmon to the Connecticut River Basin 
and extending the Connecticut River Atlantic Salmon Commission, 
and authorize to be appropriated Federal funding for the 
Commission at a level of $9 million annually until 2010.

                           VI. Cost Estimate

    In compliance with paragraph 11(a) of rule XXVI of the 
standing Rules of the Senate, the Committee sets forth, with 
respect to the bill, S. 703, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 18, 2001.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 703, a bill to 
extend the effective period of the consent of Congress to the 
interstate compact relating to the restoration of Atlantic 
salmon to the Connecticut River Basin and creating the 
Connecticut River Atlantic Salmon Commission, and for other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.
Enclosure.

               CONGRESSIONAL BUDGET OFFICE--COST ESTIMATE

S. 703--The Connecticut River Atlantic Salmon Compact
    Summary

    CBO estimates that implementing S. 703 would cost $3 
million in 2002 and $37 million over the 2002-2006 period, 
assuming appropriation of the authorized amounts. The bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. S. 703 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Under Public Law 98-138, the Congress consented to an 
interstate compact that established the Connecticut River 
Atlantic Salmon Commission, an interagency, multistate 
cooperative organization created to restore Atlantic salmon to 
the Connecticut River. S. 703 would extend by 20 years the 
effective period of Congressional consent to the compact and 
would authorize the appropriation of $9 million a year during 
that period for the commission.

    Estimated cost to the Federal Government

    The estimated budgetary impact of S. 703 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

                                        SPENDING SUBJECT TO APPROPRIATION
                                    [By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                   2001    2002    2003    2004    2005    2006
----------------------------------------------------------------------------------------------------------------
Spending under current law......................................
    Budget authority \1\........................................       1       0       0       0       0       0
    Estimated outlays...........................................       1       0       0       0       0       0

Proposed changes................................................
    Authorization level.........................................       0       9       9       9       9       9
    Estimated outlays...........................................       0       3       7       9       9       9

Spending under S. 703...........................................
    Authorization level \1\.....................................       1       9       9       9       9       9
    Estimated Outlays...........................................       1       3       7       9       9       9
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated that year for activities related to the Connecticut River Atlantic
  Salmon Commission.


    Basis of estimate

    For this estimate, CBO assumes that S. 703 will be enacted 
near the start of fiscal year 2002 and that authorized amounts 
will be provided near the start of each fiscal year.
    According to the U.S. Fish and Wildlife Service, federal 
agencies currently spend a total of about $1 million annually 
for activities related to the Connecticut River Atlantic Salmon 
Commission. According to the agency, additional funds proposed 
by S. 703 would enable the commission to expand its activities 
and would be used to hire additional staff, restore salmon 
habitat, and upgrade infrastructure. CBO estimates that outlays 
for these activities would total $3 million in 2002 and $37 
million over the next five years.

    Pay-as-you-go considerations: None.

    Intergovernmental and private-sector impact

    S. 703 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll (226-
2860); Impact on State, Local, and Tribal Governments: Marjorie 
Miller (225-3220); Impact on the Private Sector: Lauren Marks 
(226-2940).
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    VII. Regulatory Impact Statement

    In compliance with paragraph 11(b)(1), rule XXVI of the 
Standing Rules of the Senate, the Committee, after due 
consideration, concludes that S. 703 will not have significant 
regulatory impact.

                     VIII. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 703, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

               (Public Law 98-138 (97 Stat. 866 and 870))

    Sec. 3. The consent of the Congress granted by the first 
section of this Act to the compact referred to in that 
section--
          (1) shall become effective only if none of the States 
        that are members of the compact has in effect a statute 
        providing for withdrawal from the compact or if all 
        such States have agreed by statute to the same 
        provisions for withdrawal from the compact; and
          (2) shall be effective for a period of [twenty years] 
        40 years years beginning on the date the consent of the 
        Congress becomes effective under paragraph (1).
    Sec. 4. Nothing contained in the compact approved by the 
first section of this Act shall be construed as impairing or in 
any manner affecting any right or jurisdiction of the United 
States in and over the region which forms the subject of that 
compact.
    Sec. 5. The right to alter, amend, or repeal this Act is 
expressly reserved.
    Sec. 6. AUTHORIZATION OF APPROPRIATIONS.
    There is authorized to be appropriated to the Secretary of 
the Interior to carry out the activities of the Connecticut 
River Atlantic Salmon Commission $9,000,000 for each of fiscal 
years 2002 through 2010.

                                
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