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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-255

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



 
        CHILOQUIN DAM FISH PASSAGE FEASIBILITY STUDY ACT OF 2001

                                _______
                                

October 30, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2585]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2585) to authorize the Secretary of the Interior to 
conduct a study of the feasibility of providing adequate 
upstream and downstream passage for fish at the Chiloquin Dam 
on the Sprague River, Oregon, 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. 2585 is to authorize the Secretary of 
the Interior to conduct a study of the feasibility of providing 
adequate upstream and downstream passage for fish at the 
Chiloquin Dam on the Sprague River, Oregon.

                  background and need for legislation

    H.R. 2585 would authorize the Secretary of the Interior to 
collaborate with Modoc Point Irrigation District, the Klamath 
Tribes, and the Oregon Department of Fish and Wildlife in a 
feasibility study on ways of providing adequate upstream and 
downstream passage for fish at the Chiloquin Dam. This study 
would include: (1) a review of all alternatives for providing 
such passage, including the removal of the dam; (2) a 
determination of the most appropriate alternative; (3) 
development of recommendations for implementing such 
alternative; and (4) examination of mitigation needed for 
upstream and downstream water users and Klamath tribal non-
consumptive uses, as a result of such implementation. The 
Secretary would submit a report of the findings within one year 
of the passage of this legislation.
    Chiloquin Dam was constructed between 1914-1918 by the 
Klamath Agency with assistance from the Bureau of Indian 
Affairs. This dam diverts water into the Modoc Point Irrigation 
District. The dam is made of concrete and is 220 feet wide and 
15 feet high. Today the dam is in a severe state of disrepair. 
The dam's existing fish ladder is poorly maintained and is not 
well utilized by the endangered sucker fish for which it was 
created. The feasibility study is needed to address an imminent 
endangered species habitat issue. This dam blocks endangered 
suckers from reaching 95 percent of their former spawning and 
juvenile rearing habitat in the warm water reaches of the 
Sprague River. The Chiloquin Dam has been identified by several 
parties (including: the Klamath Tribes, U.S. Fish and Wildlife, 
Bureau of Reclamation, Oregon Department of Fish and Wildlife, 
and the Klamath Water Users Association) as constituting a 
significant habitat problem for endangered suckers.

                            committee action

    H.R. 2585 was introduced by Congressman Greg Walden (R-OR) 
on July 20, 2001. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On October 2, 2001, the Subcommittee met to 
mark up the bill. No amendments were offered and the bill was 
favorably forwarded to the Full Committee. On October 17, 2001, 
the Full Resources Committee met to consider the bill. No 
amendments were offered and the bill was 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 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. The Committee believes that 
enactment of this bill will have little effect on the federal 
budget.
    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.--This bill 
does not authorize funding and therefore, clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives does not 
apply.
    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 requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    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.