89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1059 

COLUMBIA RIVER IN-LIEU AND TREATY FISHING ACCESS 

SITES IMPROVEMENT ACT 

DECEMBER 3, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany S. 669] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (S. 669) to authorize the Secretary of the Interior to assess 

sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide affected Columbia River Treaty tribes access to traditional fishing grounds and expend funds on 

construction of facilities and structures to improve those conditions, 

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 S. 669 is to authorize the Secretary of the Interior 

to assess sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide affected Columbia 

River Treaty tribes access to traditional fishing grounds and expend funds on the construction of facilities and structures to improve those conditions. 

BACKGROUND AND NEED FOR LEGISLATION

Certain Columbia River tribes, through a series of treaties signed 

with the United States in 1855, established access and secured 

rights to ‘‘usual and accustomed fishing areas’’ and ancillary fishVerDate Sep 11 2014 05:28 Dec 07, 2018 Jkt 089006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1059.XXX HR1059

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1See Yakima Treaty, 1855; Tribes of Middle Oregon Treaty, 1855; Cayuse, Umatilla, and 

Walla Walla Treaty, 1855; and Nez Perce Treaty, 1855. 2Public Law 79–14 (59 Stat. 22). 

3Title IV of Public Law 100–581 (102 Stat. 2944). 

4Legislative Hearing on S. 3222 before S. Comm on Indian Affairs. 114th Cong. Testimony 

of Paul Lumley, Executive Director Columbia River Inter-Tribal Fish Commission. 5 Columbia River Treaty Fishing Access Sites Oregon & Washington Fact-Finding Review on 

Tribal Housing final report. Prepared by Cooper Zietz Engineers, Inc. For Portland District U.S. 

Army Corps of Engineers. November 19, 2013. 6Legislative hearing on S. 2636, S. 3216, S. 3222, S. 3300 before the Senate Committee on 

Indian Affairs, 114th Cong. (2016) (testimony of Paul Lumley, Executive Director, Columbia 

River Inter-Tribal Fish Commission. 

ing facilities.1 However, during the 1930s and 1950s the United 

States began the process of building dams along the Columbia 

River to provide much needed electricity to various communities 

throughout Washington and Oregon. As a consequence, tribal and 

non-tribal communities were flooded and needed to be relocated. 

Congress passed the River and Harbor Act of 1945 to authorize 

the U.S. Army Corps of Engineers to acquire and replace tribal 

fishing areas along the Columbia River.2 Over the next 20 years 

the Corps acquired five sites. In 1988 Congress authorized construction of improvements for ancillary fishing facilities along the 

Columbia River.3 That Act also directed the Corps to acquire lands 

from willing sellers to provide unfettered river access for members 

of the Columbia River Treaty Tribes. According to the Columbia 

River Intertribal Fish Commission, the flooded tribal lands were 

later replaced with 31 designated encampments. Since the Corps 

began acquiring these sites, all but four encampments have been 

transferred to the BIA for management.4

In response to a 2013 report on the sites’ conditions, the Corps’ 

Portland District acknowledged the terrible living conditions near 

those sites.5 6

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This Act may be cited as the Columbia River In-Lieu and Treaty 

Fishing Access Sites Improvement Act. 

Section 2. Sanitation and safety conditions at certain Bureau of Indian Affairs facilities 

Section 2 provides for the assessment of fishing access facilities 

and structures maintained by the BIA, establishes the BIA as the 

sole Federal agency tasked with executing the requirements of the 

bill, applies the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) to the contracting process for facility assessments, defines the affected Columbia River Treaty tribes, 

and authorizes appropriations for assessments of the fishing access 

sites and facilities. 

Section 2(a) authorizes the BIA, in consultation with the Columbia River Treaty tribes, to assess any permanent federal structures 

and improvements on BIA lands that were set aside to provide the 

Treaty tribes access to traditional grounds. 

Section 2(b) provides that the BIA shall be the only federal agency authorized to carry out the activities in the bill. 

Section 2(b) also allows the BIA to contract for the assessment 

with tribes and tribal organizations under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). 


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Section 2(c) defines the affected Columbia River Treaty tribes as 

the Nez Perce Tribe, the Confederated Tribes of Umatilla Indian 

Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the 

Yakama Nation. 

Section 2(d) authorizes appropriations for the bill, ‘‘such sums as 

are necessary’’. 

Section 3. Study of assessment and improvement activities 

This section requires GAO to evaluate whether the sanitation 

and safety conditions on lands held by the United States for the 

benefit of the Columbia River Treaty tribes has improved as a result of the activities authorized by the bill. GAO will submit a report to the relevant Congressional committees on the evaluation. 

COMMITTEE ACTION

S. 669 was introduced on March 17, 2017, by Senator Jeff 

Merkley (D–OR). The Senate passed the bill by unanimous consent 

on November 29, 2017. In the House of Representatives, the bill 

was referred to the Committee on Natural Resources, and within 

the Committee to the Subcommittee on Indian, Insular and Alaska 

Native Affairs. On November 15, 2018, the Committee on Natural 

Resources met to consider the bill. The Subcommittee was discharged by unanimous consent. No amendments were offered, and 

the bill was 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 AND CONGRESSIONAL

BUDGET ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 29, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 669, the Columbia River InLieu and Treaty Fishing Access Sites Improvement Act. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

S. 669—Columbia River In-Lieu and Treaty Fishing Access Sites 

Improvement Act 

Summary: S. 669 would authorize the appropriation of whatever 

amounts are necessary for the Bureau of Indian Affairs (BIA) to assess and improve the sanitation and safety conditions of certain 

land and facilities used by the four Columbia River Treaty tribes 

to access traditional fishing areas. 

CBO estimates that implementing the act would cost $11 million 

over the 2019–2023 period, assuming appropriation of the necessary amounts. Enacting S. 669 would not affect direct spending 

or revenues; therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting S. 669 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2029. 

S. 669 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 669 is shown in the following table. The cost of 

this legislation fall within budget function 450 (community and regional development). 

By fiscal year, in millions of dollars— 

2019 2020 2021 2022 2023 2019– 

2023 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ................................................................ 3 2 2 2 2 11 

Estimated Outlays .................................................................................. 3 2 2 2 2 11 

Basis of estimate: For this estimate, CBO assumes that S. 669 

will be enacted near the end of 2018 and that the necessary 

amounts will be provided each year beginning in 2019. 

Currently, BIA pays for the operation and maintenance of 28 traditional fishing sites held in trust by the United States for the four 

Columbia River Treaty tribes: the Nez Perce Tribe, the Confederated Tribes of Umatilla Indian Reservation, the Confederated 

Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation. S. 669 would 

authorize the appropriation of whatever amounts are necessary for 

BIA to assess and improve the sanitation and safety of land and 

facilities used to access those fishing areas. 

Using information from BIA, CBO estimates that implementing 

S. 669 would cost $11 million over the 2019–2023 period. That 

amount includes the cost of hiring one new staff member to oversee 

improvements and subsequent maintenance and seven new law enforcement officers to ensure the safety and security of facilities on 

the affected sites. The estimated authorization also includes the anticipated cost of all equipment necessary to upgrade the electric, 

sewer, and water service at those facilities. 


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Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting S. 669 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2029. 

Mandates: S. 669 contains no intergovernmental or private-sector 

mandates as defined in UMRA. 

Previous CBO estimate: On July 5, 2017, CBO transmitted an estimate for S. 669, the Columbia River In-Lieu and Treaty Fishing 

Access Sites Improvement Act, as ordered reported by the Senate 

Committee on Indian Affairs on March 29, 2017. The two versions 

of S. 669 are similar and CBO’s estimates of their budgetary effects 

are the same. 

Estimate prepared by: Federal Costs: Robert Reese; Mandates: 

Rachel Austin. 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, Deputy 

Assistant Director for Budget Analysis. 

2. 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 Secretary of the Interior to assess 

sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide affected Columbia River Treaty tribes access to traditional fishing grounds and expend funds on 

the construction of facilities and structures to improve those conditions. 

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. Section 103 of this bill directs the Secretary of the Interior to issue or reissue regulations to implement 

the changes the bill makes to the tribal energy resource agreement 

program. In addition, section 204 directs the Secretary of the Interior to issue regulations regarding the approval or disapproval of 

appraisals relating to the fair market value of mineral or energy 

resources held in trust by the United States for the benefit of an 

Indian tribe or by an Indian tribe with federal restrictions against 

alienation. 

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. 


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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 to existing law. 

Æ 


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