[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3189 Reported in Senate (RS)]






                                                      Calendar No. 1005
110th CONGRESS
  2d Session
                                S. 3189

To amend Public Law 106-392 to require the Administrator of the Western 
   Area Power Administration and the Commissioner of Reclamation to 
 maintain sufficient revenues in the Upper Colorado River Basin Fund, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2008

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

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend Public Law 106-392 to require the Administrator of the Western 
   Area Power Administration and the Commissioner of Reclamation to 
 maintain sufficient revenues in the Upper Colorado River Basin Fund, 
                        and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Endangered Fish Recovery 
Programs Improvement Act of 2008''.</DELETED>

<DELETED>SEC. 2. ENDANGERED FISH RECOVERY PROGRAMS.</DELETED>

<DELETED>    (a) Definitions.--Section 2 of Public Law 106-392 (114 
Stat. 1602) is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by inserting ``, 
        rehabilitation, and repair'' after ``and replacement''; 
        and</DELETED>
        <DELETED>    (2) in paragraph (6), by inserting ``those for 
        protection of critical habitat through stabilization of 
        adjacent stream banks and adjacent impacted infrastructure, 
        those for preventing entrainment of fish in water diversions,'' 
        after ``instream flows,''.</DELETED>
<DELETED>    (b) Authorization To Fund Recovery Programs.--Section 3 of 
Public Law 106-392 (114 Stat. 1603; 120 Stat. 290) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``$61,000,000'' and inserting 
                ``$88,000,000'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``2010'' 
                and inserting ``2023''; and</DELETED>
                <DELETED>    (C) in paragraph (3), by striking ``2010'' 
                and inserting ``2023'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``$126,000,000'' and inserting 
                ``$209,000,000'';</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``$108,000,000'' 
                        and inserting ``$179,000,000''; and</DELETED>
                        <DELETED>    (ii) by striking ``2010'' and 
                        inserting ``2023''; and</DELETED>
                <DELETED>    (C) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``$18,000,000'' 
                        and inserting ``$30,000,000''; and</DELETED>
                        <DELETED>    (ii) by striking ``2010'' and 
                        inserting ``2023'';</DELETED>
        <DELETED>    (3) in subsection (c)(4), by striking 
        ``$31,000,000'' and inserting ``$87,000,000''; and</DELETED>
        <DELETED>    (4) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in the fourth sentence, by 
                        striking ``2011'' and inserting 
                        ``2023'';</DELETED>
                        <DELETED>    (ii) in the fifth sentence, by 
                        striking ``2008'' and inserting ``2020''; 
                        and</DELETED>
                        <DELETED>    (iii) in the sixth sentence, by 
                        striking ``2011'' and inserting 
                        ``2023'';</DELETED>
                <DELETED>    (B) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) Duty of western area power administration 
        and bureau of reclamation.--</DELETED>
                <DELETED>    ``(A) Definitions.--In this 
                paragraph:</DELETED>
                        <DELETED>    ``(i) Administrator.--The term 
                        `Administrator' means the Administrator of the 
                        Western Area Power Administration.</DELETED>
                        <DELETED>    ``(ii) Commissioner.--The term 
                        `Commissioner' means the Commissioner of 
                        Reclamation.</DELETED>
                        <DELETED>    ``(iii) Upper colorado river basin 
                        fund.--The term `Upper Colorado River Basin 
                        Fund' means the fund established under section 
                        5(a) of the Act of April 11, 1956 (commonly 
                        known as the `Colorado River Storage Project 
                        Act') (43 U.S.C. 620d(a)).</DELETED>
                <DELETED>    ``(B) Duty of administrator and 
                commissioner.--The Administrator and the Commissioner 
                shall maintain sufficient revenues in the Upper 
                Colorado River Basin Fund to meet the obligation of the 
                Administrator and Commissioner to provide base funding 
                in accordance with paragraph (2).</DELETED>
                <DELETED>    ``(C) Insufficient funds.--If the 
                Administrator and the Commissioner jointly determine 
                that the amount of funds in the Upper Colorado River 
                Basin Fund may not be sufficient to meet the 
                obligations of section 5(c)(1) of the Act of April 11, 
                1956 (commonly known as the `Colorado River Storage 
                Project Act') (43 U.S.C. 620d(c)(1)) and paragraph (2), 
                base funding may be provided through loans to the 
                Administrator from the Colorado Water Conservation 
                Board Construction Fund (Col. Rev. Stat. 37-60-121 
                (2008)) in lieu of funds that would otherwise be 
                collected from power revenues and used for storage 
                project repayments.</DELETED>
                <DELETED>    ``(D) Repayment.--</DELETED>
                        <DELETED>    ``(i) Agreement.--Subject to an 
                        agreement entered into among the Colorado Water 
                        Conservation Board, the Administrator, and the 
                        Commissioner, the Administrator may repay any 
                        loan provided under subparagraph (C) from power 
                        revenues collected after September 30, 
                        2019.</DELETED>
                        <DELETED>    ``(ii) Negotiation of loans and 
                        future contracts.--The agreement described in 
                        clause (i), and any loan contract that may be 
                        entered into among the Colorado Water 
                        Conservation Board, the Administrator, and the 
                        Commissioner, shall be negotiated in 
                        consultation with Salt Lake City Area 
                        Integrated Projects Firm Power 
                        Contractors.</DELETED>
                        <DELETED>    ``(iii) Required provisions.--The 
                        agreement described in clause (i) and each loan 
                        contract described in clause (ii) shall include 
                        provisions that are designed--</DELETED>
                                <DELETED>    ``(I) to minimize impacts 
                                on electrical power rates; 
                                and</DELETED>
                                <DELETED>    ``(II) to ensure that loan 
                                repayment to the Colorado Water 
                                Conservation Board (including principal 
                                and interest) is 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 (commonly 
                                known as the `Colorado River Storage 
                                Project Act') (43 U.S.C. 
                                620d).</DELETED>
                                <DELETED>    ``(III) Repayment 
                                deadline.--The repayment of a loan 
                                provided under subparagraph (C) shall 
                                be completed not later than September 
                                30, 2057.''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) Failure to obtain loan.--</DELETED>
                <DELETED>    ``(A) Report.--If the Administrator of the 
                Western Area Power Administration is unable to obtain a 
                loan from the Colorado Water Conservation Board under 
                paragraph (3)(C), the Administrator and the 
                Commissioner of Reclamation shall submit to the 
                appropriate committees of Congress a report describing 
                the projected base funding shortfall with respect to 
                the Colorado River Basin Fund established under section 
                5(a) of the Act of April 11, 1956 (commonly known as 
                the `Colorado River Storage Project Act') (43 U.S.C. 
                620d(a)).</DELETED>
                <DELETED>    ``(B) Authorization of appropriations.--
                There are authorized to be appropriated to the 
                Secretary such sums as are necessary to eliminate the 
                base funding shortfall described in subparagraph 
                (A).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Fish Recovery Programs 
Improvement Act of 2008''.

SEC. 2. ENDANGERED FISH RECOVERY PROGRAMS.

    (a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602) 
is amended--
            (1) in paragraph (5), by inserting ``, rehabilitation, and 
        repair'' after ``and replacement''; and
            (2) in paragraph (6), by inserting ``those for protection 
        of critical habitat, those for preventing entrainment of fish 
        in water diversions,'' after ``instream flows,''.
    (b) Authorization To Fund Recovery Programs.--Section 3 of Public 
Law 106-392 (114 Stat. 1603; 120 Stat. 290) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``$61,000,000'' 
                and inserting ``$88,000,000'';
                    (B) in paragraph (2), by striking ``2010'' and 
                inserting ``2023''; and
                    (C) in paragraph (3), by striking ``2010'' and 
                inserting ``2023'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``$126,000,000'' and inserting 
                ``$209,000,000'';
                    (B) in paragraph (1)--
                            (i) by striking ``$108,000,000'' and 
                        inserting ``$179,000,000''; and
                            (ii) by striking ``2010'' and inserting 
                        ``2023''; and
                    (C) in paragraph (2)--
                            (i) by striking ``$18,000,000'' and 
                        inserting ``$30,000,000''; and
                            (ii) by striking ``2010'' and inserting 
                        ``2023''; and
            (3) in subsection (c)(4), by striking ``$31,000,000'' and 
        inserting ``$87,000,000''.
                                                      Calendar No. 1005

110th CONGRESS

  2d Session

                                S. 3189

_______________________________________________________________________

                                 A BILL

To amend Public Law 106-392 to require the Administrator of the Western 
   Area Power Administration and the Commissioner of Reclamation to 
 maintain sufficient revenues in the Upper Colorado River Basin Fund, 
                        and for other purposes.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment