[House Report 107-315]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-315
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BEAR RIVER MIGRATORY BIRD REFUGE VISITOR CENTER ACT
_______
December 4, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3322]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3322) to authorize the Secretary of the Interior to
construct an education and administrative center at the Bear
River Migratory Bird Refuge in Box Elder County, Utah, 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. 3322 is to authorize the Secretary of
the Interior to construct an education and administrative
center at the Bear River Migratory Bird Refuge in Box Elder
County, Utah.
BACKGROUND AND NEED FOR LEGISLATION
The Bear River marshes of the northern portion of the Great
Salt Lake in Utah have been a waterfowl oasis and an important
inland waterfowl flyway for centuries. After decades of human
encroachment and repeated outbreaks of waterfowl botulism,
Congress moved to protect these marshes by creating the Bear
River Migratory Bird Refuge in 1928. Devastating floods in
1983-85 virtually destroyed the Refuge, as dikes were breached
and salt water from the Great Salt Lake flooded the freshwater
marshes. The Refuge's newly constructed visitor facilities,
roads and administrative buildings were also destroyed. Since
that time, there have been no visitor facilities at the Refuge.
Once the waters of the Great Salt Lake receded in 1989,
employees and volunteers worked to restore habitat destroyed by
the floods and improve water management through an extensive
reconstruction of dikes and waterways. Additional lands
adjacent to the Refuge have also been acquired. However, the
Refuge still lacks a functional education and administrative
center.
Since 1995, Congress had appropriated almost $7.5 million
for the construction of a visitor center and administrative
facility at the Bear River Migratory Bird Refuge. In addition,
non-profit groups such as the Friends of the Bear River Refuge
and the local communities have raised $1.5 million towards the
construction of an education center. H.R. 3322 provides an
authorization of $11 million for the construction of an
education center and administrative facility and limits the
matching contribution requirement from private sources to no
more than $1.5 million.
COMMITTEE ACTION
H.R. 3322 was introduced on November 16, 2001, by
Congressman James V. Hansen (R-UT). The bill was referred to
the Committee on Resources. On November 28, 2001, the Resources
Committee met to consider the bill. No amendments were offered
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This Act may be cited as the ``Bear River Migratory Bird
Refuge Visitor Center Act''.
Section 2. Findings
The section includes findings that describe the factual
situation surrounding the Refuge, the destruction that resulted
from the 1985 flood, and the support Congress has shown for the
Refuge.
Section 3. Definitions
This section defines ``Secretary'', ``Refuge'', and
``Education and Administrative Center''.
Section 4. Authorization of construction of the education center
This section directs the Secretary of Interior to build an
Education and Administrative Center at the Bear River Migratory
Bird Refuge, and authorizes $11 million to be used for
construction.
Section 5. Matching contributions requirements
This section authorizes the Secretary to accept donations
of funds and services from non-federal sources, but limits the
amount of any matching contributions that the Secretary may
require at $1,500,000.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
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 Secretary of the
Interior to construct an education and administrative center at
the Bear River Migratory Bird Refuge in Box Elder County, Utah.
4. Congressional Budget Office Cost Estimate. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 30, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3322, the Bear
River Migratory Bird Refuge Visitor Center Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3322--Bear River Migratory Bird Refuge Visitor Center Act
H.R. 3322 would direct the U.S. Fish and Wildlife Service
(USFWS) to build an education and administrative center at the
Bear River Migratory Bird Refuge in Utah. The bill would
authorize the appropriation of $11 million for this purpose.
Section 5 of the bill would prohibit the USFWS from requiring
nonfederal contributors to provide more than $1.5 million for
the project.
The construction project authorized by H.R. 3322 is already
being carried out by the USFWS under existing statutory
authority. To date, about $7.5 million has been appropriated
for this purpose, including $1 million for fiscal year 2002.
CBO estimates that the USFWS would spend an additional $3.5
million for the center as a result of this legislation,
assuming appropriation of that amount. Based on information
provided by the USFWS, CBO expects local participants will
spend about $1.5 million to help complete the project.
H.R. 3322 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The bill
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 Deborah Reis.
The estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
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.