[House Report 115-783]
[From the U.S. Government Publishing Office]


115th Congress     }                                 {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                 {         115-783

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



 
      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6157) MAKING 
APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING 
     SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES, AND PROVIDING FOR 
   CONSIDERATION OF THE BILL (H.R. 2083) TO AMEND THE MARINE MAMMAL 
PROTECTION ACT OF 1972 TO REDUCE PREDATION ON ENDANGERED COLUMBIA RIVER 
       SALMON AND OTHER NONLISTED SPECIES, AND FOR OTHER PURPOSES

                                _______
                                

   June 25, 2018.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Ms. Cheney, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 961]

    The Committee on Rules, having had under consideration 
House Resolution 961, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 6157, the 
Department of Defense Appropriations Act, 2019, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-77 shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended, for failure to comply with clause 2 rule XXI, except 
beginning on page 86, line 1, through page 86, line 7. The 
resolution makes in order only those further amendments printed 
in part A of this report. Each such amendment may be Offered 
only in the order printed in this report, may be Offered only 
by a Member designated in this report, shall be considered as 
read, shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House 
or in the Committee of the Whole. The resolution waives all 
points of order against the amendments printed in part A of 
this report. The resolution provides that no further 
consideration of the bill shall be in order except pursuant to 
a subsequent order of the House.
    Section 3 of the resolution provides that the chair and 
ranking minority member of the Committee on Appropriations or 
their respective designees may offer up to 10 pro forma 
amendments each at any point for the purpose of debate.
    Section 4 of the resolution provides that during 
consideration of H.R. 6157, it shall not be in order to use a 
decrease in Overseas Contingency Operations funds to offset an 
amendment that increases an appropriation not designated as 
Overseas Contingency Operations funds or vice versa, but does 
not apply to amendments between the Houses.
    Section 2 of the resolution provides for consideration of 
H.R. 2083, Endangered Salmon and Fisheries Predation Prevention 
Act, under a structured rule. The resolution provides one hour 
of general debate equally divided and controlled by the chair 
and ranking minority member of the Committee on Natural 
Resources. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-79 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in part B of 
this report. Each such amendment may be Offered only in the 
order printed in this report, may be Offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 5 of the resolution provides that H. Res. 952 is 
laid on the table.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 6157 includes a waiver of the following:
           Section 306 of the Congressional Budget Act, 
        which prohibits consideration of legislation within the 
        jurisdiction of the Committee on the Budget unless 
        referred to or reported by the Budget Committee.
    The waiver of all points of order against provisions in 
H.R. 6157, as amended, includes a waiver of clause 2 of rule 
XXI, which prohibits unauthorized appropriations or legislative 
provisions in an appropriations bill. This waiver is necessary 
because the bill, as amended, contains unauthorized 
appropriations and legislative provisions.
    Although the resolution waives all points of order against 
the amendments printed in part A of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 2083, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 2083 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 248

    Motion by Mr. Cole to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
               Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole.....................................             Yea   Mr. McGovern...................             Nay
Mr. Woodall..................................             Yea   Mr. Hastings of Florida........             Nay
Mr. Burgess..................................             Yea   Mr. Polis......................  ...............
Mr. Collins..................................             Yea   Mrs. Torres....................             Nay
Mr. Byrne....................................             Yea
Mr. Newhouse.................................  ...............
Mr. Buck.....................................             Yea
Ms. Cheney...................................             Yea
Mr. Sessions, Chairman.......................             Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 6157 IN PART A MADE IN ORDER

    1. Jackson Lee (TX): Allocates $2 million to provide the 
Secretary of Defense the flexibility needed for technical 
assistance for U.S. military women to military women in other 
countries combating violence targeting women and children as a 
weapon of war, terrorism, human trafficking, narcotics 
trafficking. (10 minutes)
    2. Lowenthal (CA), Welch (VT): Increases the STARBASE fifth 
grade youth STEM education program found in Operations and 
Maintenance, Defense-Wide, Civil Military Programs by $5 
million, and to reduce Operations and Maintenance, Army, Other 
Servicewide Activities by the offsetting amount. (10 minutes)
    3. Gallagher (WI), Murphy, Stephanie (FL): Shifts $48.242M 
within defense-wide operation and maintenance to support the 
Maritime Security Initiative to address Indo-PACOM budget 
priorities for building partner capacity to contribute to 
maritime security and domain awareness. (10 minutes)
    4. Napolitano (CA), McKinley (WV): Increases funding for 
the National Guard Youth ChalleNGe Program by $6 million to 
match the program's 2018 funding of $180 million (10 minutes)
    5. McGovern (MA), Emmer (MN): Provides the Department of 
Defense with $250,000 for administrative expenses for purposes 
of creating a military service medal to honor retired and 
former members of the Armed Forces who are radiation-exposed 
veterans (Atomic Veterans). Atomic Veterans are determined in 
section 1112(c)(3) of title 38, in the United States Code. (10 
minutes)
    6. Allen (GA), Raskin (MD): Transfers $10,000,000 to the 
Defense POW/Missing Persons Office to assist in identifying 
unclaimed remains missing since the Korean conflict. (10 
minutes)
    7. McSally (AZ), Hartzler (MO), Scott, Austin (GA): 
Increases A-10 wing replacement funds to House-passed NDAA 
level. (10 minutes)
    8. Soto (FL): Increases funding for the Quantum Information 
Sciences program within the Research, Development, Test and 
Evaluation, Army account by $5 million to further advance 
quantum computing research. (10 minutes)
    9. Langevin (RI), Gallagher (WI): Provides $10 million for 
Weapons and Munitions Technology (0602624A), $10 million for 
Innovative Naval Prototypes (INP) Applied Research (0602792N), 
and $20 million for Innovative Naval Prototypes Advanced 
Technology Development (0603801N) to be used for accelerated 
development and prototyping for the electromagnetic railgun. 
(10 minutes)
    10. Lipinski (IL): Provides $30M for MD5, the National 
Security Technology Accelerator, to support national security 
innovation and entrepreneurial education programs at 
universities. Reduces Operations and Maintenance-Defense Wide 
by the same amount. (10 minutes)
    11. Larson, John (CT), Lipinski (IL): Provides for an 
additional $12.5 million to the National Defense Education 
Programs (NDEP) account (PE 0601120D8Z) to be directed to the 
Barry Goldwater Scholarship and Excellence in Education 
Foundation to remain available until expended, offset by $12.5 
million reduction in the Operation and Maintenance, Defense-
wide account. (10 minutes)
    12. Jackson Lee (TX): Reduces funding for Operations and 
Maintenance-Defense Wide, by $6.25 million and increases 
funding for Defense Health Care for PTSD by $5 million. (10 
minutes)
    13. Duffy (WI), DeLauro (CT): Increases funding for the 
Peer-Reviewed Ovarian Cancer Research Program by $10 million 
offset by a reduction in funding for defense-wide operations 
and maintenance appropriations by a similar amount. (10 
minutes)
    14. Soto (FL): Increases funding for Gulf War illness 
research under the Defense Health Program by $1 million. (10 
minutes)
    15. Lamborn (CO), Norcross (NJ), Biggs (AZ), Brooks (AL), 
O'Halleran (AZ): Decreases the Defense Wide Procurement account 
by $99,280,000 and increases the account by the same amount to 
restore funding requested by Missile Defense Agency in the FY19 
budget request in order to initiate multi-year procurement of 
the SM-3 IB interceptor. (10 minutes)
    16. Hastings, Alcee (FL), McGovern (MA), Costello (PA), 
King, Peter (NY): Increases Peer-Reviewed Breast Cancer 
Research Program funding by $5,000,000. (10 minutes)
    17. McKinley (WV), Eshoo (CA), King, Peter (NY), Katko 
(NY): Creates a $20 million dedicated line item for arthritis 
research within the Congressionally Directed Medical Research 
Program (CDMRP). (10 minutes)
    18. Speier (CA): Specifies that $25 million of the 
$1,300,315,000 appropriated for Defense Health Program 
research, development, test and evaluation may be used to award 
grants to medical researchers and universities to support 
research into early detection of chronic traumatic 
encephalopathy (CTE), as authorized by H.R. 2810, the FY18 
National Defense Authorization Act. (10 minutes)
    19. Huffman (CA), Buck (CO), Norman (SC): Strikes the 
restriction on the Pentagon's ability to flexibly source its 
energy for the Rhine Ordnance Barracks Army Medical Center in 
Germany. (10 minutes)
    20. Poe (TX): Reduces the amount of Coalition Support Fund 
reimbursements Pakistan is eligible to receive by $200 million. 
(10 minutes)
    21. Polis (CO), Lee, Barbara (CA), Grothman (WI): Reduces 
spending by 1 percent with exceptions. (10 minutes)
    22. Moore, Gwen (WI): Bars the use of funds in 
contravention of existing federal requirements for meaningful 
consultation and engagement with tribal communities related to 
activities that will impact them. (10 minutes)
    23. Khanna (CA), Moore, Gwen (WI): Reduces the total amount 
appropriated by $5 billion. (10 minutes)
    24. Brown (MD), Ruppersberger (MD): Ensures none of the 
funds made available by this Act may be used to transfer the 
information technology contracting and acquisition services or 
the Senior Leader Communications functions of the Defense 
Information Systems Agency. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 2083 IN PART B MADE IN ORDER

    1. Kilmer (WA), Heck, Denny (WA): Limits the application of 
this bill to only sea lions, rather than all pinnipeds. (10 
minutes)
    2. Huffman (CA): Protects endangered and threatened salmon 
and to prevent predation by sea lions through deterrence and 
limited removal measures. (10 minutes)
    3. Vargas (CA): Mandates that the Secretary of the Interior 
produce a report to Congress on the potential impact of the 
lethal taking of California Sea Lions on the recovery of 
Salmonid stocks. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 6157 MADE IN ORDER

1. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 2, line 15, after the dollar amount, insert ``(reduced 
by $2,000,000) (increased by $2,000,000)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Lowenthal of California 
               or His Designee, Debatable for 10 Minutes

  Page 7, line 6, after the dollar amount insert the following: 
``(reduced by $5,600,000)''.
  Page 8, line 15, after the dollar amount inset the following: 
``(increased by $5,000,000)''.
                              ----------                              


3. An Amendment To Be Offered by Representative Gallagher of Wisconsin 
               or His Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $48,242,000) (increased by $48,242,000)''.
                              ----------                              


     4. An Amendment To Be Offered by Representative Napolitano of 
          California or Her Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount insert the 
following: ``(increased by $6,000,000) (reduced by 
$6,000,000)''.
                              ----------                              


      5. An Amendment To Be Offered by Representative McGovern of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $250,000) (increased by $250,000)''.
                              ----------                              


6. An Amendment To Be Offered by Representative Allen of Georgia or His 
                   Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $10,000,000) (increased by $10,000,000)''.
                              ----------                              


 7. An Amendment To Be Offered by Representative McSally of Arizona or 
                 Her Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $65,000,000)''.
  Page 27, line 11, after the dollar amount, insert 
``(increased by $65,000,000)''.
                              ----------                              


8. An Amendment To Be Offered by Representative Soto of Florida or His 
                   Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $5,000,000)''.
  Page 31, line 18, after the dollar amount, insert 
``(increased by $5,000,000)''.
                              ----------                              


   9. An Amendment To Be Offered by Representative Langevin of Rhode 
            Island or His Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $33,000,000)''.
  Page 31, line 18, after the dollar amount, insert 
``(increased by $10,000,000)''.
  Page 32, line 1, after the dollar amount, insert ``(increased 
by $30,000,000)''.
  Page 32, line 23, after the dollar amount, insert ``(reduced 
by $7,000,000)''.
                              ----------                              


 10. An Amendment To Be Offered by Representative Lipinski of Illinois 
               or His Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $30,000,000)''.
  Page 32, line 23, after the dollar amount, insert 
``(increased by $30,000,000)''.
                              ----------                              


11. An Amendment To Be Offered by Representative Larson of Connecticut 
               or His Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $12,500,000)''.
  Page 32, line 23, after the dollar amount, insert 
``(increased by $12,500,000)''.
                              ----------                              


 12. An Amendment To Be Offered by Representative Jackson Lee of Texas 
               or Her Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $6,250,000)''.
  Page 34, line 13, after the dollar amount, insert 
``(increased by $5,000,000)''.
  Page 34, line 21, after the dollar amount, insert 
``(increased by $5,000,000)''.
                              ----------                              


13. An Amendment To Be Offered by Representative Duffy of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $10,000,000)''.
  Page 34, line 13, after the dollar amount, insert 
``(increased by $10,000,000)''.
  Page 34, line 21, after the dollar amount, insert 
``(increased by $10,000,000)''.
                              ----------                              


14. An Amendment To Be Offered by Representative Soto of Florida or His 
                   Designee, Debatable for 10 Minutes

  Page 8, line 15, after the dollar amount, insert ``(reduced 
by $1,000,000)''.
  Page 34, line 13, after the dollar amount, insert 
``(increased by $1,000,000)''.
  Page 34, line 21, after the dollar amount, insert 
``(increased by $1,000,000)''.
                              ----------                              


15. An Amendment To Be Offered by Representative Lamborn of Colorado or 
                 His Designee, Debatable for 10 Minutes

  Page 30, line 14, after the dollar amount, insert ``(reduced 
by $99,280,000) (increased by $99,280,000)''.
                              ----------                              


16. An Amendment To Be Offered by Representative Hastings of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 32, line 23, after the dollar amount, insert ``(reduced 
by $5,000,000)''.
  Page 34, line 13, after the dollar amount, insert 
``(increased by $5,000,000)''.
  Page 34, line 21, after the dollar amount, insert 
``(increased by $5,000,000)''.
                              ----------                              


   17. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 34, line 14, after the dollar amount, insert ``(reduced 
by $20,000,000)''.
  Page 34, line 21, after the dollar amount, insert 
``(increased by $20,000,000)''.
                              ----------                              


 18. An Amendment To Be Offered by Representative Speier of California 
               or Her Designee, Debatable for 10 Minutes

  Page 34, line 21, after the dollar amount, insert ``(reduced 
by $25,000,000) (increased by $25,000,000)''.
                              ----------                              


19. An Amendment To Be Offered by Representative Huffman of California 
               or His Designee, Debatable for 10 Minutes

  Page 115, line 10, insert ``and'' after the semicolon.
  Page 115, beginning line 12, strike ``from a mixed-fuel 
system''.
  Page 115, line 16, strike ``; and'' and insert a period.
  Page 115, strike lines 17 through 19.
                              ----------                              


 20. An Amendment To Be Offered by Representative Poe of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 122, line 10, after the dollar amount, insert ``(reduced 
by $200,000,000)''.
  Page 122, line 12, after the dollar amount, insert ``(reduced 
by $200,000,000)''.
  Page 154, line 21, after the dollar amount, insert 
``(increased by $200,000,000)''.
                              ----------                              


 21. An Amendment To Be Offered by Representative Polis of Colorado or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. (a) The total amount of appropriations made 
available by this Act is hereby reduced by one percent.
  (b) The reduction in subsection (a) shall not apply to 
amounts made available--
          (1) under title I for ``Military Personnel'';
          (2) under title VI for ``Defense Health Program'';
          (3) under title IX; or
          (4) by this Act for the salaries and expenses of any 
        civilian employee of the Department of Defense.
                              ----------                              


22. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. __.  None of the funds made available by this Act may be 
used in contravention of--
          (1) Executive Order 13175 (65 Fed. Reg. 67249; 
        relating to consultation and coordination with Indian 
        Tribal governments); or
          (2) section 1501.2(d)(2) of title 40, Code of Federal 
        Regulations.
                              ----------                              


 23. An Amendment To Be Offered by Representative Khanna of California 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. (a) The total amount of appropriations made 
available by this Act is hereby reduced by $5,000,000,000.
  (b) The reduction in subsection (a) shall not apply to 
amounts made available--
          (1) under title I for ``Military Personnel'';
          (2) under title VI for ``Defense Health Program''; or
          (3) by this Act for the salaries and expenses of any 
        civilian employee of the Department of Defense.
                              ----------                              


 24. An Amendment To Be Offered by Representative Brown of Maryland or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. __.  None of the funds made available by this Act may be 
used to transfer the information technology contracting and 
acquisition services or the Senior Leader Communications 
functions of the Defense Information Systems Agency.

         PART B--TEXT OF AMENDMENTS TO H.R. 2083 MADE IN ORDER

1. An Amendment To Be Offered by Representative Kilmer of Washington or 
                 His Designee, Debatable for 10 Minutes

  Strike ``pinnipeds'' in each place it appears and insert 
``sea lions''.
  Strike ``pinniped'' in each place it appears and insert ``sea 
lion''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Huffman of California 
               or His Designee, Debatable for 10 Minutes

  Page 1, strike line 4 and all that follows and insert the 
following:

SEC. 2. SENSE OF CONGRESS.

  It is the sense of the Congress that--
          (1) prevention of predation by sea lions, recovery of 
        salmonid stocks listed under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.), and prevention of the 
        future listings of fish stocks in the Columbia River 
        under such Act are a vital priority; and
          (2) the Federal Government should continue to fund 
        lethal and nonlethal removal of sea lions as well as 
        deterrence measures for preventing such predation.

SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES 
                    TO PROTECT ENDANGERED AND THREATENED SPECIES OF 
                    SALMON AND OTHER NONLISTED FISH SPECIES.

  Section 120(f) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1389(f)) is amended to read as follows:
  ``(f) Temporary Marine Mammal Removal Authority on the Waters 
of the Columbia River and Its Tributaries.--
          ``(1) Determination of non-lethal alternative 
        measures.--
                  ``(A) In general.--The Secretary shall 
                determine whether nonlethal alternative 
                measures to reduce sea lion predation of 
                salmonid stocks in the waters of the Columbia 
                River or its tributaries listed as threatened 
                species or endangered species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 
                et seq.) adequately protect the salmonid stocks 
                from California sea lion predation.
                  ``(B) Deadline.--The Secretary shall make 
                such determination not later than 90 days after 
                the date of the enactment of this subsection.
                  ``(C) Public comment.--The Secretary shall, 
                within such 90-day period, provide up to 30 
                days for the submission of public comments on 
                the determination.
                  ``(D) Federal register.--The Secretary shall 
                publish the determination in the Federal 
                Register.
          ``(2) Removal authority.--In addition to other 
        authority under this section, and notwithstanding any 
        other provision of this Act, the Secretary may issue a 
        permit to an eligible entity, as defined in paragraph 
        (9), to authorize the intentional lethal taking on the 
        waters of the Columbia River and its tributaries of 
        individually identifiable sea lions that are--
                  ``(A) part of a population that is not 
                categorized under this Act as depleted; and
                  ``(B) having a significant negative impact on 
                the decline or recovery of salmonid fishery 
                stocks.
          ``(3) Permit process.--
                  ``(A) In general.--An eligible entity may 
                apply to the Secretary for a permit under this 
                subsection.
                  ``(B) Deadline for consideration of 
                application.--The timelines and procedures 
                described in subsection (c) shall apply to 
                applications for permits under this subsection 
                in the same manner such timelines apply to 
                applications under subsection (b).
                  ``(C) Coordination.--The Secretary shall 
                establish procedures for coordination among 
                eligible entities, including application 
                procedures and timelines, geographic and 
                species-specific considerations, and monitoring 
                and periodic review.
                  ``(D) Duration of permit.--A permit under 
                this subsection shall be effective for not more 
                than 1 year.
          ``(4) Limitation on take for species with unknown 
        potential biological removal levels.--No lethal taking 
        of sea lions may be authorized under this section if 
        the potential biological removal level is unknown.
          ``(5) Limitation on animal authorized to be taken.--
                  ``(A) Determination required.--A sea lion may 
                not be taken under a permit under this 
                subsection unless the Secretary has determined 
                that--
                          ``(i) such sea lion has preyed upon 
                        salmonid stocks in the Columbia River; 
                        and
                          ``(ii) with respect to such sea lion, 
                        nonlethal alternative measures to 
                        prevent preying on salmonid stocks have 
                        in general not been effective.
                  ``(B) Consultation.--In making such 
                determination, the permit holder shall consult 
                with the National Marine Fisheries Service, and 
                may consult with any other Federal agency or 
                eligible entity as appropriate.
          ``(6) Limitations on annual takings.--The process for 
        determining limitations on annual take of sea lions 
        will follow the process established in subsection (c) 
        and the cumulative number of sea lions authorized to be 
        taken each year under all permits in effect under this 
        subsection shall not exceed 5 percent of the annual 
        potential biological removal level for sea lions.
          ``(7) Qualified individuals.--Intentional lethal 
        takings under this subsection shall be humane and shall 
        be implemented by agencies or qualified individuals 
        described in subsection (c)(4), or by individuals 
        employed by the eligible entities described in 
        paragraph (9).
          ``(8) Suspension of permitting authority.--If, 5 
        years after the date of the enactment of the Endangered 
        Salmon and Fisheries Predation Prevention Act, the 
        Secretary, after consulting with State and tribal 
        fishery managers, determines that lethal removal 
        authority is no longer necessary to protect salmonid 
        and other fish species from sea lion predation, the 
        Secretary shall suspend the issuance of permits under 
        this subsection.
          ``(9) Eligible entity defined.--
                  ``(A) In general.--
                          ``(i) Definition.--In this 
                        subsection, subject to subparagraph 
                        (B), the term `eligible entity' means--
                                  ``(I) with respect to removal 
                                in the mainstem of the Columbia 
                                River and its tributaries, the 
                                State of Washington, the State 
                                of Oregon, and the State of 
                                Idaho;
                                  ``(II) with respect to 
                                removal in the mainstem of the 
                                Columbia River and its 
                                tributaries, the Nez Perce 
                                Tribe, the Confederated Tribes 
                                of the Umatilla Indian 
                                Reservation, the Confederated 
                                Tribes of the Warm Springs 
                                Reservation of Oregon, the 
                                Confederated Tribes and Bands 
                                of the Yakama Nation, and the 
                                Columbia River Intertribal Fish 
                                Commission; and
                          ``(ii) Delegation authority.--The 
                        Secretary may allow an eligible entity 
                        described in clause (i)(II) to delegate 
                        its authority under a permit under this 
                        subsection to any entity described in 
                        clause (i)(II).
                  ``(B) Additional eligibility.--
                          ``(i) In general.--Subject to the 
                        approval of the Secretary and in 
                        consultation with the Indian Tribes in 
                        subparagraph (A)(i)(II)--
                                  ``(I) the State of Washington 
                                may enter into a memorandum of 
                                understanding with the Cowlitz 
                                Indian Tribe for deterrence and 
                                removal of sea lions on the 
                                Cowlitz River.
                                  ``(II) the State of Oregon 
                                may enter into a memorandum of 
                                understanding with the 
                                Confederated Tribes of the 
                                Grand Ronde Community of Oregon 
                                and the Confederated Tribes of 
                                Siletz Indians of Oregon for 
                                deterrence and removal of sea 
                                lions on the Willamette River.
                          ``(ii) Considerations.--In 
                        determining eligibility under this 
                        subparagraph, the Secretary shall 
                        consider the capacity of each Indian 
                        tribe to manage wildlife to meet the 
                        requirements of this Act.
          ``(10) Sea lions deemed individually identifiable.--
        Sea lions that have been observed in a discrete section 
        of the Columbia River are deemed to be individually 
        identifiable and to be having a significant negative 
        impact on salmonid species or sturgeon species stocks 
        that migrate through or spawn in a protected area of 
        the Columbia River Basin, within the meaning of 
        paragraph (2).
          ``(11) Additional definitions.--In this subsection--
                  ``(A) the term `discrete section of the 
                Columbia River' means--
                          ``(i) the area within 1 mile 
                        downstream of Bonneville Dam;
                          ``(ii) the area within 1.5 miles 
                        downstream of Willamette Falls;
                          ``(iii) the area within 1 mile of 
                        Phoca Rock; or
                          ``(iv) another area, 0.5 miles or 
                        less in length within a protected area, 
                        designated by the Secretary, as the 
                        Secretary determines necessary to 
                        protect threatened or endangered 
                        species or a species that the Secretary 
                        determines may become threatened or 
                        endangered without additional 
                        protections; and
                  ``(B) the term `protected area' means--
                          ``(i) the mainstem Columbia River 
                        within 1 mile downstream of Bonneville 
                        Dam and including the mainstem above 
                        such dam;
                          ``(ii) spawning grounds for sturgeon 
                        within the mainstem Columbia River 
                        between river mile 138 and Bonneville 
                        Dam; or
                          ``(iii) a tributary spawning and 
                        rearing habitat for salmon, steelhead, 
                        sturgeon, or lamprey below Bonneville 
                        Dam, including the area within one-half 
                        mile of the confluence with the 
                        mainstem Columbia River.
          ``(12) Definition.--In this subsection, the term 
        `Indian tribe' has the meaning given such term in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).''.

SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.

  Nothing in this Act or the amendments made by this Act shall 
be construed to affect or modify any treaty or other right of 
an Indian Tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)).
                              ----------                              


3. An Amendment To Be Offered by Representative Vargas of California or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. _. REPORT AND EFFECTIVE DATE.

  (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Interior shall 
study and report to the Congress on the potential effects of 
the lethal taking of pinnipeds on the recovery of salmonid 
stocks in the waters of the Columbia River and the tributaries 
of the Columbia River.
  (b) Effective Date.--Section 3 shall take effect on the date 
that the Secretary submits to the Congress the report required 
under subsection (a).

                                  [all]