[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 481 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 481

   To limit the amount of expenditures required under the Endangered 
   Species Act of 1973 and other laws for the protection of fish and 
   wildlife made by the Bonneville Power Administration that may be 
           recovered from ratepayers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 2 (legislative day, February 22), 1995

  Mr. Baucus introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To limit the amount of expenditures required under the Endangered 
   Species Act of 1973 and other laws for the protection of fish and 
   wildlife made by the Bonneville Power Administration that may be 
           recovered from ratepayers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fish and Wildlife Expenditure 
Recovery Act of 1995''.

SEC. 2. FUNDING OF FISH AND WILDLIFE ACTIONS.

    (a) Definitions.--In this Act:
            (1) Fish and wildlife costs.--The term ``fish and wildlife 
        costs'' means included costs that are incurred in connection 
        with action taken under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), or any other law, for the protection, 
        maintenance, or improvement of fish or wildlife resources or 
        habitat.
            (2) Included costs.--The term ``included costs'' includes--
                    (A) purchase power costs and lost revenues related 
                to operations of the Federal Columbia River Power 
                System to provide flows to benefit a species listed as 
                threatened or endangered under section 4 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1534);
                    (B) expenditures; and
                    (C) reimbursable costs.
    (b) Limit on Fish and Wildlife Costs.--The amount of fish and 
wildlife costs that the Bonneville Power Administration may incur 
during a fiscal year shall not exceed 20 percent of the gross annual 
power revenues, exclusive of gross residential exchange revenues, that 
the Administrator accrues in that fiscal year.
    (c) Nonreimbursability of Excess Costs.--Any fish and wildlife 
costs incurred by the Bonneville Power Administration during a fiscal 
year in excess of the allowable amount determined under subsection (b) 
shall be nonreimbursable from power revenues.
    (d) Transmission Rates.--No fish and wildlife costs incurred by the 
Bonneville Power Administration shall be allocated to or otherwise 
recovered through rates of the Administration for the transmission of 
power.
    (e) Fulfillment of Responsibilities.--Compliance with this section 
shall not relieve the Government of any responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
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