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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 
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 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 the Frank Church-River of No Return Wilderness and the 
Selway-Bitterroot 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 
Representatives 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 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.

                       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.