[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2239 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2239

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2000

Mr. Allard (for himself, Mr. Campbell, Mr. Hatch, Mr. Bennett, and Mr. 
   Bingaman) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Bureau of Reclamation to provide cost sharing for the 
endangered fish recovery implementation programs for the Upper Colorado 
                    River 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 River and 
San Juan River basins in order to accomplish the objectives of the 
programs within an established timeframe.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 1988 cooperative agreement.--The term ``1988 
        Cooperative Agreement'' means the cooperative agreement to 
        implement the Recovery Implementation Program for Endangered 
        Fish Species in the Upper Colorado River dated September 29, 
        1987, as the agreement may be amended.
            (2) 1992 cooperative agreement.--The term ``1992 
        Cooperative Agreement'' means the cooperative agreement to 
        implement the San Juan River Recovery Program dated October 21, 
        1992, as the agreement may be amended.
            (3) Base funding.--The term ``base funding'' means--
                    (A) funding for--
                            (i) operation and maintenance of capital 
                        projects;
                            (ii) implementation of recovery actions 
                        other than capital projects;
                            (iii) monitoring and research to evaluate 
                        the need for or effectiveness of any recovery 
                        action; and
                            (iv) program management;
                as necessary to carry out the Recovery Implementation 
                Programs; and
                    (B) annual funding provided under the 1988 
                Cooperative Agreement and the 1992 Cooperative 
                Agreement.
            (4) Capital project.--The term ``capital project'' means a 
        project involving--
                    (A) facilities planning, design, permitting (or 
                other compliance), preconstruction activity, 
                construction, and construction management;
                    (B) replacement of facilities; and
                    (C) acquisition of an interest in land or water;
        as necessary to carry out the Recovery Implementation Programs.
            (5) Depletion charge.--The term ``depletion charge'' means 
        a one-time contribution in dollars per acre-foot to be paid by 
        each water project to the United States Fish and Wildlife 
        Service based on the average annual new depletion.
            (6) Facility.--The term ``facility'' includes a facility 
        for--
                    (A) genetic conservation or propagation of the 
                endangered fishes;
                    (B) restoration of floodplain habitat or fish 
                passage;
                    (C) control or supply of instream flows; or
                    (D) removal or translocation of nonnative fishes.
            (7) Interest in land or water.--The term ``interest in land 
        or water'' includes a long-term lease, easement, or agreement 
        protecting instream flows.
            (8) Recovery action other than a capital project.--The term 
        ``recovery action other than a capital project'' includes--
                    (A) a short-term lease or agreement for an interest 
                in land, water, or facilities;
                    (B) the reintroduction or augmentation of 
                endangered fish stocks; and
                    (C) the removal, translocation, or other control of 
                a nonnative fishes.
            (9) Recovery implementation programs.--The term ``Recovery 
        Implementation Program'' means each of the intergovernmental 
        programs established under--
                    (A) the 1988 Cooperative Agreement; and
                    (B) the 1992 Cooperative Agreement.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (11) Storage project.--The term ``storage project'' means 
        the dams, reservoirs, power plants, and other appurtenant 
        project facilities and features authorized by and constructed 
        in accordance with the Act of April 11, 1956 (commonly known as 
        the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.).
            (12) Upper division state.--The term ``Upper Division 
        State'' means each of the States of Colorado, New Mexico, Utah, 
        and Wyoming.

SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

    (a) Authorization of Appropriations for Federal Participation in 
Capital Projects.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary $46,000,000 to undertake capital projects under 
        this Act, to remain available until expended.
            (2) Nonreimbursability.--Funds made available under 
        paragraph (1) shall be a nonreimbursable Federal expenditure.
            (3) Termination of authority.--
                    (A) Upper colorado river basin.--The authority of 
                the Secretary under this Act or any other provision of 
                law to implement capital projects for the Recovery 
                Implementation Program under the 1988 Cooperative 
                Agreement shall terminate on September 30, 2005.
                    (B) San juan river basin.--The authority of the 
                Secretary under this Act or any other provision of law 
                to implement capital projects for the Recovery 
                Implementation Program under the 1992 Cooperative 
                Agreement shall terminate on September 30, 2007.
    (b) Cost of Capital Projects.--
            (1) In general.--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--
                    (A) costs for the Recovery Implementation Program 
                under the 1988 Cooperative Agreement through fiscal 
                year 2005 shall not exceed $82,000,000; and
                    (B) costs for the Recovery Implementation Program 
                under the 1992 Cooperative Agreement through fiscal 
                year 2007 shall not exceed $18,000,000.
            (2) Adjustments.--For each fiscal year beginning after the 
        date of enactment of this Act, the Secretary shall adjust the 
        amounts in paragraph (1) for inflation based on an appropriate 
        economic index.
    (c) Non-Federal Contributions to Capital Projects.--
            (1) Use of contributed funds.--The Secretary may--
                    (A) accept contributed funds not exceeding 
                $17,000,000 from the Upper Division States, or 
                political subdivisions of or organizations in the Upper 
                Division States, under agreements providing that the 
                contributions shall be used for capital projects costs; 
                and
                    (B) expend such funds as if appropriated for that 
                purpose.
            (2) Use of power revenues.--
                    (A) In general.--The Secretary of Energy, acting 
                through the Western Area Power Administration, and the 
                Secretary may use power revenues not exceeding 
                $17,000,000 collected under the Act of April 11, 1956 
                (43 U.S.C. 620 et seq.) to carry out this subsection.
                    (B) Reimbursability.--Revenues used as provided 
                under subparagraph (A) shall be treated as reimbursable 
                costs assigned to power for repayment under section 5 
                of the Act of April 11, 1956 (43 U.S.C. 620d).
                    (C) Treatment as non-federal contribution.--
                Revenues used as provided in subparagraph (A) shall be 
                considered a non-Federal contribution for the purposes 
                of this Act.
                    (D) Availability on matching basis.--Funding under 
                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 under paragraph (1).
                    (E) Alternative funding through loans.--
                            (i) In general.--Funding under subparagraph 
                        (A) may be provided through loans from the 
                        Colorado Water Conservation Board Construction 
                        Fund established under section 37-60-121 of the 
                        Colorado Revised Statutes to the Western Area 
                        Power Administration in lieu of funds that 
                        would otherwise be collected from power 
                        revenues and used for storage project 
                        repayments.
                            (ii) Agreement.--The Western Area Power 
                        Administration is authorized to repay a loan 
                        under clause (i) 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.
                            (iii) Requirements.--An agreement under 
                        clause (i) and any loan contracts that may be 
                        entered into by the Colorado Water Conservation 
                        Board, the Western Area Power Administration, 
                        and the Bureau of Reclamation shall--
                                    (I) be negotiated in consultation 
                                with Salt Lake City Area Integrated 
                                Projects Firm Power Contractors;
                                    (II) include provisions designed to 
                                minimize impacts on electrical power 
                                rates; and
                                    (III) ensure that loan repayment to 
                                the Colorado Water Conservation Board, 
                                including principal and interest, is 
                                completed not later than September 30, 
                                2057.
                    (F) Power rates.--The Western Area Power 
                Administration is authorized to include in power rates 
                such sums as are necessary to carry out this paragraph.
            (3) Funding in addition to cost of replacement power.--
                    (A) In general.--All contributions made under this 
                subsection shall be in addition to--
                            (i) the cost of replacement power purchased 
                        as a result of the modification of the 
                        operation of the Colorado River Storage 
                        Project; and
                            (ii) the capital cost of water from Wolford 
                        Mountain Reservoir in Colorado.
                    (B) Treatment as non-federal contribution.--The 
                costs described in clauses (i) and (ii) of subparagraph 
                (A) shall be considered as non-Federal contributions, 
                not to exceed $20,000,000.
    (d) Base Funding.--
            (1) In general.--
                    (A) Power revenues.--Beginning with the first 
                fiscal year beginning after the date of enactment of 
                this Act, the Secretary may use power revenues 
                collected under the Act of April 11, 1956 (43 U.S.C. 
                620 et seq.), for the annual base funding contributions 
                to the Recovery Implementation Programs by the Bureau 
                of Reclamation.
                    (B) Treatment.--Use of revenues as provided under 
                subparagraph (A) 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 Act of April 11, 1956 
                (43 U.S.C. 620d).
            (2) Limitation.--
                    (A) In general.--
                            (i) Upper colorado river basin.--For the 
                        Recovery Implementation Program under the 1988 
                        Cooperative Agreement, the contributions to 
                        base funding under paragraph (1) shall not 
                        exceed $4,000,000 per fiscal year.
                            (ii) San juan river basin.--For the 
                        Recovery Implementation Program under the 1992 
                        Cooperative Agreement, the contributions to 
                        base funding under paragraph (1) shall not 
                        exceed $2,000,000 per fiscal year.
                    (B) Adjustments.--The Secretary shall adjust the 
                amounts in subparagraph (A) for inflation in fiscal 
                years beginning after the date of enactment of this 
                Act.
                    (C) Termination of authority.--The use of power 
                revenues for annual base funding shall terminate on 
                September 30, 2011, except that power revenues may 
                continue to be used to fund the operation and 
                maintenance of capital projects and monitoring.
                    (D) Report.--
                            (i) In general.--Not later than September 
                        30, 2008, the Secretary shall submit to 
                        Congress a report on the use of power revenues 
                        for base funding.
                            (ii) Recommendation.--The report under 
                        clause (i) shall include a recommendation 
                        regarding the need for continued base funding 
                        after fiscal year 2011 that may be required to 
                        fulfill the goals of the Recovery 
                        Implementation Programs.
                    (E) Effect of act.--Nothing in this Act affects any 
                agreement among participants regarding base funding and 
                depletion charges for the Recovery Implementation 
                Programs.
            (3) Sufficiency of revenues.--
                    (A) In general.--The Western Area Power 
                Administration and the Bureau of Reclamation shall 
                maintain sufficient revenues in the Upper Colorado 
                River Basin Fund to meet the obligation of the Western 
                Area Power Administration and the Bureau of Reclamation 
                to provide base funding in accordance with this 
                subsection.
                    (B) Determination of insufficiency.--If the Western 
                Area Power Administration and the Bureau of Reclamation 
                determine that the funds in the Upper Colorado River 
                Basin Fund will not be sufficient to meet the 
                obligations of the Western Area Power Administration 
                and the Bureau of Reclamation under section 5(c)(1) of 
                the Act of April 11, 1956 (43 U.S.C. 620d(c)(1)), for a 
                3-year period, the Western Area Power Administration 
                and the Bureau of Reclamation shall request 
                appropriations to meet base funding obligations.
    (e) Additional Authority.--The Secretary may--
            (1) enter into agreements and contracts with Federal and 
        non-Federal entities;
            (2) acquire and transfer interests in land, water, and 
        facilities; and
            (3) accept or give grants to carry out this Act.
    (f) Indian Trust Assets.--
            (1) Findings.--Congress finds that--
                    (A) 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;
                    (B) most of the federally designated critical 
                habitat for the endangered fish species in the San Juan 
                River basin is on Indian trust land; and
                    (C) 2\1/2\ miles of the critical habitat on the 
                Duchesne River is on Indian trust land.
            (2) Effect of act.--Nothing in this Act restricts the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation or the Director of the Bureau of Indian Affairs, in 
        funding activities or capital projects in the performance of 
        the Indian trust responsibility of the United States.
    (g) Termination of Spending Authority.--All spending authorities 
provided by this section for the Recovery Implementation Programs shall 
terminate on expiration of the time period in effect on the date of 
enactment of this Act for 1988 Cooperative Agreement and the 1992 
Cooperative Agreement, respectively, unless, at least 1 year before 
such expiration, the time period for the cooperative agreement is 
extended to conform with this Act.

SEC. 4. EFFECT ON RECLAMATION LAW.

    Construction of a facility or acquisition of an interest in land or 
water under this Act shall not render the facility or interest in land 
or water or associated processes and procedures subject to the Act of 
June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
and amendatory of that Act (43 U.S.C. 371 et seq.).
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