[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2348 Enrolled Bill (ENR)]

        H.R.2348

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To authorize the Bureau of Reclamation to provide cost sharing for the 
endangered fish recovery implementation programs for the Upper Colorado 
                       and San Juan River Basins.

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

SECTION 1. PURPOSE.

    The purpose of this Act is to authorize and provide funding for the 
Bureau of Reclamation to continue the implementation of the endangered 
fish recovery implementation programs for the Upper Colorado and San 
Juan River Basins in order to accomplish the objectives of these 
programs within a currently established time schedule.

SEC. 2. DEFINITIONS.

    As used in this Act:
        (1) The term ``Recovery Implementation Programs'' means the 
    intergovernmental programs established pursuant to the 1988 
    Cooperative Agreement to implement the Recovery Implementation 
    Program for the Endangered Fish Species in the Upper Colorado River 
    dated September 29, 1987, and the 1992 Cooperative Agreement to 
    implement the San Juan River Recovery Implementation Program dated 
    October 21, 1992, and as they may be amended by the parties 
    thereto.
        (2) The term ``Secretary'' means the Secretary of the Interior.
        (3) The term ``Upper Division States'' means the States of 
    Colorado, New Mexico, Utah, and Wyoming.
        (4) The term ``Colorado River Storage Project'' or ``storage 
    project'' means those dams, reservoirs, power plants, and other 
    appurtenant project facilities and features authorized by and 
    constructed in accordance with the Colorado River Storage Project 
    Act (43 U.S.C. 620 et seq.).
        (5) The term ``capital projects'' means planning, design, 
    permitting or other compliance, pre-construction activities, 
    construction, construction management, and replacement of 
    facilities, and the acquisition of interests in land or water, as 
    necessary to carry out the Recovery Implementation Programs.
        (6) The term ``facilities'' includes facilities for the genetic 
    conservation or propagation of the endangered fishes, those for the 
    restoration of floodplain habitat or fish passage, those for 
    control or supply of instream flows, and those for the removal or 
    translocation of nonnative fishes.
        (7) The term ``interests in land and water'' includes, but is 
    not limited to, long-term leases and easements, and long-term 
    enforcement, or other agreements protecting instream flows.
        (8) The term ``base funding'' means funding for operation and 
    maintenance of capital projects, implementation of recovery actions 
    other than capital projects, monitoring and research to evaluate 
    the need for or effectiveness of any recovery action, and program 
    management, as necessary to carry out the Recovery Implementation 
    Programs. Base funding also includes annual funding provided under 
    the terms of the 1988 Cooperative Agreement and the 1992 
    Cooperative Agreement.
        (9) The term ``recovery actions other than capital projects'' 
    includes short-term leases and agreements for interests in land, 
    water, and facilities; the reintroduction or augmentation of 
    endangered fish stocks; and the removal, translocation, or other 
    control of nonnative fishes.
        (10) The term ``depletion charge'' means a one-time 
    contribution in dollars per acre-foot to be paid to the United 
    States Fish and Wildlife Service based on the average annual new 
    depletion by each project.

SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

    (a) Authorization of Appropriations for Federal Participation in 
Capital Projects.--(1) There is hereby authorized to be appropriated to 
the Secretary, $46,000,000 to undertake capital projects to carry out 
the purposes of this Act. Such funds shall be considered a 
nonreimbursable Federal expenditure.
    (2) The authority of the Secretary, acting through the Bureau of 
Reclamation, under this or any other provision of law to implement 
capital projects for the Recovery Implementation Program for Endangered 
Fish Species in the Upper Colorado River Basin shall expire in fiscal 
year 2005 unless reauthorized by an Act of Congress.
    (3) The authority of the Secretary to implement the capital 
projects for the San Juan River Basin Recovery Implementation Program 
shall expire in fiscal year 2007 unless reauthorized by an Act of 
Congress.
    (b) Cost of Capital Projects.--The total costs of the capital 
projects undertaken for the Recovery Implementation Programs receiving 
assistance under this Act shall not exceed $100,000,000 of which--
        (1) costs shall not exceed $82,000,000 for the Recovery 
    Implementation Program for Endangered Fish Species in the Upper 
    Colorado River Basin through fiscal year 2005; and
        (2) costs shall not exceed $18,000,000 for the San Juan River 
    Recovery Implementation Program through fiscal year 2007.
The amounts set forth in this subsection shall be adjusted by the 
Secretary for inflation in each fiscal year beginning after the 
enactment of this Act.
    (c) Non-Federal Contributions to Capital Projects.--(1) The 
Secretary, acting through the Bureau of Reclamation, may accept 
contributed funds from the Upper Division States, or political 
subdivisions or organizations with the Upper Division States, pursuant 
to agreements that provide for the contributions to be used for capital 
projects costs. Such non-Federal contributions shall not exceed 
$17,000,000.
    (2) In addition to the contribution described in paragraph (1), the 
Secretary of Energy, acting through the Western Area Power 
Administration, and the Secretary of the Interior, acting through the 
Bureau of Reclamation, may utilize power revenues collected pursuant to 
the Colorado River Storage Project Act to carry out the purposes of 
this subsection. Such funds shall be treated as reimbursable costs 
assigned to power for repayment under section 5 of the Colorado River 
Storage Project Act. This additional contribution shall not exceed 
$17,000,000. Such funds shall be considered a non-Federal contribution 
for the purposes of this Act. The funding authorized by this paragraph 
over any 2-fiscal-year period shall be made available in amounts equal 
to the contributions for the same 2-fiscal-year period made by the 
Upper Division States pursuant to paragraph (1).
    (3) The additional funding provided pursuant to paragraph (2) may 
be provided through loans from the Colorado Water Conservation Board 
Construction Fund (37-60-121 C.R.S.) to the Western Area Power 
Administration in lieu of funds which would otherwise be collected from 
power revenues and used for storage project repayments. The Western 
Area Power Administration is authorized to repay such loan or loans 
from power revenues collected beginning in fiscal year 2012, subject to 
an agreement between the Colorado Water Conservation Board, the Western 
Area Power Administration, and the Bureau of Reclamation. The agreement 
and any future loan contracts that may be entered into by the Colorado 
Water Conservation Board, the Western Area Power Administration, and 
the Bureau of Reclamation shall be negotiated in consultation with Salt 
Lake City Area Integrated Projects Firm Power Contractors. The 
agreement and loan contracts shall include provisions designed to 
minimize impacts on electrical power rates and shall ensure that loan 
repayment to the Colorado Water Conservation Board, including principal 
and interest, is completed no later than September 30, 2057. The 
Western Area Power Administration is authorized to include in power 
rates such sums as are necessary to carry out this paragraph and 
paragraph (2).
    (4) All contributions made pursuant to this subsection shall be in 
addition to the cost of replacement power purchased due to modifying 
the operation of the Colorado River Storage Project and the capital 
cost of water from Wolford Mountain Reservoir in Colorado. Such costs 
shall be considered as non-Federal contributions, not to exceed 
$20,000,000.
    (d) Base Funding.--(1) Beginning in the first fiscal year 
commencing after the date of the enactment of this Act, the Secretary 
may utilize power revenues collected pursuant to the Colorado River 
Storage Project Act for the annual base funding contributions to the 
Recovery Implementation Programs by the Bureau of Reclamation. Such 
funding shall be treated as nonreimbursable and as having been repaid 
and returned to the general fund of the Treasury as costs assigned to 
power for repayment under section 5 of the Colorado River Storage 
Project Act.
    (2) For the Recovery Implementation Program for the Endangered Fish 
Species in the Upper Colorado River Basin, the contributions to base 
funding referred to in paragraph (1) shall not exceed $4,000,000 per 
year. For the San Juan River Recovery Implementation Program, such 
contributions shall not exceed $2,000,000 per year. The Secretary shall 
adjust such amounts for inflation in fiscal years commencing after the 
enactment of this Act. The utilization of power revenues for annual 
base funding shall cease after the fiscal year 2011, unless 
reauthorized by Congress; except that power revenues may continue to be 
utilized to fund the operation and maintenance of capital projects and 
monitoring. No later than the end of fiscal year 2008, the Secretary 
shall submit a report on the utilization of power revenues for base 
funding to the appropriate Committees of the United States Senate and 
the House of Representatives. The Secretary shall also make a 
recommendation in such report regarding the need for continued base 
funding after fiscal year 2011 that may be required to fulfill the 
goals of the Recovery Implementation Programs. Nothing in this Act 
shall otherwise modify or amend existing agreements among participants 
regarding base funding and depletion charges for the Recovery 
Implementation Programs.
    (3) The Western Area Power Administration and the Bureau of 
Reclamation shall maintain sufficient revenues in the Colorado River 
Basin Fund to meet their obligation to provide base funding in 
accordance with paragraph (2). If the Western Area Power Administration 
and the Bureau of Reclamation determine that the funds in the Colorado 
River Basin Fund will not be sufficient to meet the obligations of 
section 5(c)(1) of the Colorado River Storage Project Act for a 3-year 
period, the Western Area Power Administration and the Bureau of 
Reclamation shall request appropriations to meet base funding 
obligations.
    (e) Authority To Retain Appropriated Funds.--At the end of each 
fiscal year any unexpended appropriated funds for capital projects 
under this Act shall be retained for use in future fiscal years. 
Unexpended funds under this Act that are carried over shall continue to 
be used to implement the capital projects needed for the Recovery 
Implementation Programs.
    (f) Additional Authority.--The Secretary may enter into agreements 
and contracts with Federal and non-Federal entities, acquire and 
transfer interests in land, water, and facilities, and accept or give 
grants in order to carry out the purposes of this Act.
    (g) Indian Trust Assets.--The Congress finds that much of the 
potential water development in the San Juan River Basin and in the 
Duchesne River Basin (a subbasin of the Green River in the Upper 
Colorado River Basin) is for the benefit of Indian tribes and most of 
the federally designated critical habitat for the endangered fish 
species in the San Juan River Basin is on Indian trust lands, and 2\1/
2\ miles of critical habitat on the Duchesne River is on Indian Trust 
Land. Nothing in this Act shall be construed to restrict the Secretary, 
acting through the Bureau of Reclamation and the Bureau of Indian 
Affairs, from funding activities or capital projects in accordance with 
the Federal Government's Indian trust responsibility.
    (h) Termination of Authority.--All authorities provided by this 
section for the respective Recovery Implementation Program shall 
terminate upon expiration of the current time period for the respective 
Cooperative Agreement referenced in section 2(1) unless, at least 1 
year prior to such expiration, the time period for the respective 
Cooperative Agreement is extended to conform with this Act.

SEC. 4. EFFECT ON RECLAMATION LAW.

    Specifically with regard to the acreage limitation provisions of 
Federal reclamation law, any action taken pursuant to or in furtherance 
of this title will not--
        (1) be considered in determining whether a district as defined 
    in section 202(2) of the Reclamation Reform Act of 1982 (43 U.S.C. 
    390bb) has discharged its obligation to repay the construction cost 
    of project facilities used to make irrigation water available for 
    delivery to land in the district;
        (2) serve as the basis for reinstating acreage limitation 
    provisions in a district that has completed payment of its 
    construction obligations; or
        (3) serve as the basis for increasing the construction 
    repayment obligation of the district and thereby extending the 
    period during which the acreage limitation provisions will apply.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.