[House Report 113-76]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-76
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IDAHO WILDERNESS WATER RESOURCES PROTECTION ACT
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May 17, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 876]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 876) to authorize the continued use of certain
water diversions located on National Forest System land in the
Frank Church-River of No Return Wilderness and the Selway-
Bitterroot Wilderness in the State of Idaho, 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 H.R. 876 is to authorize the continued use
of certain water diversions located on National Forest System
land in the Frank Church-River of No Return Wilderness and the
Selway-Bitterroot Wilderness in the State of Idaho.
BACKGROUND AND NEED FOR LEGISLATION
There are a number of water diversions within Idaho
wilderness areas that predate the wilderness designation.
Although the diversions continue to exist, owners lack
authority to maintain and repair the facilities, which in some
cases threatens the environment and watersheds. Providing this
authority will ensure that existing water diversions can be
properly maintained and repaired when necessary and preserves
beneficial use for private property owners who hold water
rights under state law. Subject to certain criteria, H.R. 867
requires the U.S. Forest Service to issue special use
maintenance permits to owners of certain existing water systems
within the Frank Church-River of No Return Wilderness and the
Selway-Bitterroot Wilderness in Idaho.
COMMITTEE ACTION
H.R. 876 was introduced on February 27, 2013, by
Congressman Michael Simpson (R-ID). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Public Lands and Environmental Regulation.
On April 24, 2013, the Full Natural Resources Committee met to
consider the bill. The Subcommittee on Public Lands and
Environmental Regulation was discharged by unanimous consent.
No amendments were offered, and the bill was then adopted and
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
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 876--Idaho Wilderness Water Resources Protection Act
H.R. 876 would authorize the Secretary of the Agriculture
to issue permits for owners to continue using certain water
storage, transport, and diversion facilities in the Frank
Church-River of No Return Wilderness and the Selway-Bitterroot
Wilderness of Idaho. According to the Forest Service, any costs
to process the permits would be paid by the permit holders.
Because enacting the legislation would affect net direct
spending (through the collection and spending of receipts),
pay-as-you-go procedures apply; however, CBO estimates that
such effects would be insignificant. Enacting the legislation
would not affect revenues.
H.R. 876 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 Aurora Swanson.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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. H.R. 876 would
authorize the Secretary of the Agriculture to issue permits for
owners to continue using certain water storage, transport, and
diversion facilities in the Frank Church-River of No Return
Wilderness and the Selway-Bitterroot Wilderness of Idaho.
According to the Forest Service, any costs to process the
permits would be paid by the permit holders. Because enacting
the legislation would affect net direct spending (through the
collection and spending of receipts), pay-as-you-go procedures
apply; however, CBO estimates that such effects would be
insignificant.
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 continued use of
certain water diversions located on National Forest System land
in the Frank Church-River of No Return Wilderness and the
Selway-Bitterroot Wilderness in the State of Idaho.
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. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
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 in existing
law.