29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–76 

IDAHO WILDERNESS WATER RESOURCES PROTECTION 

ACT 

MAY 17, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

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 SelwayBitterroot 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 

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the Frank Church-River of No Return Wilderness and the SelwayBitterroot 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 RepresentaWREIER-AVILES on DSK5TPTVN1PROD with HEARING

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tives 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 ChurchRiver 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. 

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