79–008 

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 printVerDate Sep 11 2014 04:27 Jun 26, 2018 Jkt 079008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR783.XXX HR783
2 

ed 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. 

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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) 

4 

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 Weap- ons 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 Main- tenance-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-Re- viewed 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) 

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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)’’. 

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3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GALLA- GHER OF WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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 NAPOLI- TANO OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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)’’. 

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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)’’. 

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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 MCKIN- LEY 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. ll. (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 

9 

(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. ll. 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. ll. (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. ll. 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 

10 

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. 

11 

‘‘(4) LIMITATION ON TAKE FOR SPECIES WITH UNKNOWN POTEN- TIAL 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 

12 

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 

13 

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. l. 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). 

Æ