[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).
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