```

[House Report 115-1059]
[From the U.S. Government Publishing Office]

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 fishing 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.
---------------------------------------------------------------------------
    \1\See Yakima Treaty, 1855; Tribes of Middle Oregon Treaty, 1855; 
Cayuse, Umatilla, and Walla Walla Treaty, 1855; and Nez Perce Treaty, 
1855.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \2\Public Law 79-14 (59 Stat. 22).
    \3\Title IV of Public Law 100-581 (102 Stat. 2944).
    \4\Legislative Hearing on S. 3222 before S. Comm on Indian Affairs. 
114th Cong. Testimony of Paul Lumley, Executive Director Columbia River 
Inter-Tribal Fish Commission.
---------------------------------------------------------------------------
    In response to a 2013 report on the sites' conditions, the 
Corps' Portland District acknowledged the terrible living 
conditions near those sites.\5\\6\
---------------------------------------------------------------------------
    \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.
    \6\Legislative 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.
---------------------------------------------------------------------------

                      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.).
    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 In-Lieu and Treaty Fishing Access Sites Improvement Act.
    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-
                                                                 2019    2020    2021    2022    2023     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.
    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.

                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.

                                  [all]
```