[House Report 115-1059]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1059
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COLUMBIA RIVER IN-LIEU AND TREATY FISHING ACCESS SITES IMPROVEMENT ACT
_______
December 3, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany S. 669]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (S. 669) to authorize the Secretary of the Interior to
assess sanitation and safety conditions at Bureau of Indian
Affairs facilities that were constructed to provide affected
Columbia River Treaty tribes access to traditional fishing
grounds and expend funds on construction of facilities and
structures to improve those conditions, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 669 is to authorize the Secretary of the
Interior to assess sanitation and safety conditions at Bureau
of Indian Affairs facilities that were constructed to provide
affected Columbia River Treaty tribes access to traditional
fishing grounds and expend funds on the construction of
facilities and structures to improve those conditions.
BACKGROUND AND NEED FOR LEGISLATION
Certain Columbia River tribes, through a series of treaties
signed with the United States in 1855, established access and
secured rights to ``usual and accustomed fishing areas'' and
ancillary fishing facilities.\1\ However, during the 1930s and
1950s the United States began the process of building dams
along the Columbia River to provide much needed electricity to
various communities throughout Washington and Oregon. As a
consequence, tribal and non-tribal communities were flooded and
needed to be relocated.
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\1\See Yakima Treaty, 1855; Tribes of Middle Oregon Treaty, 1855;
Cayuse, Umatilla, and Walla Walla Treaty, 1855; and Nez Perce Treaty,
1855.
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Congress passed the River and Harbor Act of 1945 to
authorize the U.S. Army Corps of Engineers to acquire and
replace tribal fishing areas along the Columbia River.\2\ Over
the next 20 years the Corps acquired five sites. In 1988
Congress authorized construction of improvements for ancillary
fishing facilities along the Columbia River.\3\ That Act also
directed the Corps to acquire lands from willing sellers to
provide unfettered river access for members of the Columbia
River Treaty Tribes. According to the Columbia River
Intertribal Fish Commission, the flooded tribal lands were
later replaced with 31 designated encampments. Since the Corps
began acquiring these sites, all but four encampments have been
transferred to the BIA for management.\4\
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\2\Public Law 79-14 (59 Stat. 22).
\3\Title IV of Public Law 100-581 (102 Stat. 2944).
\4\Legislative Hearing on S. 3222 before S. Comm on Indian Affairs.
114th Cong. Testimony of Paul Lumley, Executive Director Columbia River
Inter-Tribal Fish Commission.
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In response to a 2013 report on the sites' conditions, the
Corps' Portland District acknowledged the terrible living
conditions near those sites.\5\\6\
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\5\Columbia River Treaty Fishing Access Sites Oregon & Washington
Fact-Finding Review on Tribal Housing final report. Prepared by Cooper
Zietz Engineers, Inc. For Portland District U.S. Army Corps of
Engineers. November 19, 2013.
\6\Legislative hearing on S. 2636, S. 3216, S. 3222, S. 3300 before
the Senate Committee on Indian Affairs, 114th Cong. (2016) (testimony
of Paul Lumley, Executive Director, Columbia River Inter-Tribal Fish
Commission.
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SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This Act may be cited as the Columbia River In-Lieu and
Treaty Fishing Access Sites Improvement Act.
Section 2. Sanitation and safety conditions at certain Bureau of Indian
Affairs facilities
Section 2 provides for the assessment of fishing access
facilities and structures maintained by the BIA, establishes
the BIA as the sole Federal agency tasked with executing the
requirements of the bill, applies the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.) to the
contracting process for facility assessments, defines the
affected Columbia River Treaty tribes, and authorizes
appropriations for assessments of the fishing access sites and
facilities.
Section 2(a) authorizes the BIA, in consultation with the
Columbia River Treaty tribes, to assess any permanent federal
structures and improvements on BIA lands that were set aside to
provide the Treaty tribes access to traditional grounds.
Section 2(b) provides that the BIA shall be the only
federal agency authorized to carry out the activities in the
bill.
Section 2(b) also allows the BIA to contract for the
assessment with tribes and tribal organizations under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
Section 2(c) defines the affected Columbia River Treaty
tribes as the Nez Perce Tribe, the Confederated Tribes of
Umatilla Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, and the Confederated Tribes
and Bands of the Yakama Nation.
Section 2(d) authorizes appropriations for the bill, ``such
sums as are necessary''.
Section 3. Study of assessment and improvement activities
This section requires GAO to evaluate whether the
sanitation and safety conditions on lands held by the United
States for the benefit of the Columbia River Treaty tribes has
improved as a result of the activities authorized by the bill.
GAO will submit a report to the relevant Congressional
committees on the evaluation.
COMMITTEE ACTION
S. 669 was introduced on March 17, 2017, by Senator Jeff
Merkley (D-OR). The Senate passed the bill by unanimous consent
on November 29, 2017. In the House of Representatives, the bill
was referred to the Committee on Natural Resources, and within
the Committee to the Subcommittee on Indian, Insular and Alaska
Native Affairs. On November 15, 2018, the Committee on Natural
Resources met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered,
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL
BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 29, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 669, the Columbia
River In-Lieu and Treaty Fishing Access Sites Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall,
Director.
Enclosure.
S. 669--Columbia River In-Lieu and Treaty Fishing Access Sites
Improvement Act
Summary: S. 669 would authorize the appropriation of
whatever amounts are necessary for the Bureau of Indian Affairs
(BIA) to assess and improve the sanitation and safety
conditions of certain land and facilities used by the four
Columbia River Treaty tribes to access traditional fishing
areas.
CBO estimates that implementing the act would cost $11
million over the 2019-2023 period, assuming appropriation of
the necessary amounts. Enacting S. 669 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
CBO estimates that enacting S. 669 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 669 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 669 is shown in the following table. The
cost of this legislation fall within budget function 450
(community and regional development).
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By fiscal year, in millions of dollars--
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2019-
2019 2020 2021 2022 2023 2023
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 3 2 2 2 2 11
Estimated Outlays............................................ 3 2 2 2 2 11
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Basis of estimate: For this estimate, CBO assumes that S.
669 will be enacted near the end of 2018 and that the necessary
amounts will be provided each year beginning in 2019.
Currently, BIA pays for the operation and maintenance of 28
traditional fishing sites held in trust by the United States
for the four Columbia River Treaty tribes: the Nez Perce Tribe,
the Confederated Tribes of Umatilla Indian Reservation, the
Confederated Tribes of the Warm Springs Reservation of Oregon,
and the Confederated Tribes and Bands of the Yakama Nation. S.
669 would authorize the appropriation of whatever amounts are
necessary for BIA to assess and improve the sanitation and
safety of land and facilities used to access those fishing
areas.
Using information from BIA, CBO estimates that implementing
S. 669 would cost $11 million over the 2019-2023 period. That
amount includes the cost of hiring one new staff member to
oversee improvements and subsequent maintenance and seven new
law enforcement officers to ensure the safety and security of
facilities on the affected sites. The estimated authorization
also includes the anticipated cost of all equipment necessary
to upgrade the electric, sewer, and water service at those
facilities.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 669 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 669 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO estimate: On July 5, 2017, CBO transmitted an
estimate for S. 669, the Columbia River In-Lieu and Treaty
Fishing Access Sites Improvement Act, as ordered reported by
the Senate Committee on Indian Affairs on March 29, 2017. The
two versions of S. 669 are similar and CBO's estimates of their
budgetary effects are the same.
Estimate prepared by: Federal Costs: Robert Reese;
Mandates: Rachel Austin.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. 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 assess sanitation and safety conditions at Bureau
of Indian Affairs facilities that were constructed to provide
affected Columbia River Treaty tribes access to traditional
fishing grounds and expend funds on the construction of
facilities and structures to improve those conditions.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. Section 103 of this bill directs the
Secretary of the Interior to issue or reissue regulations to
implement the changes the bill makes to the tribal energy
resource agreement program. In addition, section 204 directs
the Secretary of the Interior to issue regulations regarding
the approval or disapproval of appraisals relating to the fair
market value of mineral or energy resources held in trust by
the United States for the benefit of an Indian tribe or by an
Indian tribe with federal restrictions against alienation.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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 to existing
law.
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