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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-437

======================================================================



 
            IDAHO WILDERNESS WATER RESOURCES PROTECTION ACT

                                _______
                                

 April 16, 2012.--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. 2050]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2050) 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. 2050 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 
Selway-Bitterroot Wilderness in the State of Idaho.

                  BACKGROUND AND NEED FOR LEGISLATION

    There are a number of water diversions within Idaho 
wilderness areas that predate its wilderness designation. 
Although the diversions continue to exist, owners lack 
authority to maintain and repair the facilities, which in some 
cases threaten 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. 2050 
requires the U.S. Forest Service to issue special use 
maintenance permits to owners of certain existing water systems 
within the Frank Church-River of No Return Wilderness and the 
Selway-Bitterroot Wilderness in Idaho.

                            COMMITTEE ACTION

    H.R. 2050 was introduced on May 26, 2011, by Congressman 
Michael Simpson (R-ID). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
October 25, 2011, the Subcommittee held a hearing on the bill. 
On February 29, 2012, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on National Parks, 
Forests and Public Lands was discharged by unanimous consent. 
No amendments were offered and the bill was then ordered 
favorably reported to the House of Representatives by voice 
vote.

            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. 2050--Idaho Wilderness Water Resources Protection Act

    H.R. 2050 would authorize the Secretary of Agriculture to 
issue special 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 the legislation would affect direct spending (through 
the collection and spending of receipts), pay-as-you-go 
procedures apply; however, CBO estimates that enacting H.R. 
2050 would have an insignificant impact on net direct spending. 
Enacting the legislation would not affect revenues.
    H.R. 2050 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 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. CBO estimates that enacting H.R. 
2050 would have an insignificant impact on net direct spending.
    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 Church-River 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 as defined under 
Public Law 104-4.

                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.