[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3918 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3918

 To reauthorize the Upper Colorado and San Juan River Basin endangered 
       fish and threatened fish recovery implementation programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2023

  Mr. Neguse introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Upper Colorado and San Juan River Basin endangered 
       fish and threatened fish recovery implementation programs.

    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 ``Upper Colorado and San Juan River 
Basin Endangered Fish Recovery Programs Reauthorization Act of 2023''.

SEC. 2. REAUTHORIZATION OF UPPER COLORADO AND SAN JUAN RIVER BASIN 
              ENDANGERED FISH AND THREATENED FISH RECOVERY 
              IMPLEMENTATION PROGRAMS.

    (a) Purpose.--Section 1 of Public Law 106-392 (114 Stat. 1602) is 
amended by inserting ``and threatened'' after ``endangered''.
    (b) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602; 
116 Stat. 3113) is amended--
            (1) in paragraph (1), by striking ``to implement the 
        Recovery Implementation Program for the Endangered Fish Species 
        in the Upper Colorado River dated September 29, 1987, and 
        extended by the Extension of the Cooperative Agreement dated 
        December 6, 2001, and the 1992 Cooperative Agreement to 
        implement the San Juan River Recovery Implementation Program 
        dated October 21, 1992, and as they may be amended'' and 
        inserting ``for the Recovery Implementation Program for 
        Endangered Species in the Upper Colorado River Basin dated 
        September 29, 1987, and the 1992 Cooperative Agreement for the 
        San Juan River Basin Recovery Implementation Program dated 
        October 21, 1992, as the agreements may be amended and 
        extended'';
            (2) in paragraph (6)--
                    (A) by inserting ``or threatened'' after 
                ``endangered''; and
                    (B) by striking ``removal or translocation'' and 
                inserting ``control'';
            (3) in paragraph (7), by striking ``long-term'' each place 
        it appears;
            (4) in paragraph (8), in the second sentence, by striking 
        ``1988 Cooperative Agreement and the 1992 Cooperative 
        Agreement'' and inserting ``Recovery Implementation Programs'';
            (5) in paragraph (9)--
                    (A) by striking ``leases and agreements'' and 
                inserting ``acquisitions'';
                    (B) by inserting ``or threatened'' after 
                ``endangered''; and
                    (C) by inserting ``, as approved under the Recovery 
                Implementation Programs'' after ``nonnative fishes''; 
                and
            (6) in paragraph (10), by inserting ``pursuant to the 
        Recovery Implementation Programs for Endangered Species in the 
        Upper Colorado River Basin'' after ``Service''.
    (c) Authorization To Fund Recovery Programs.--Section 3 of Public 
Law 106-392 (114 Stat. 1603; 116 Stat. 3113; 120 Stat. 290; 123 Stat. 
1310; 126 Stat. 2444; 133 Stat. 809) (as amended by section 101 of 
division CC of the Consolidated Appropriations Act, 2023 (Public Law 
117-328)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), at the end, insert the 
                following:
            ``(4) Inflation adjustment.--Each fiscal year, the total 
        amount authorized to be appropriated under paragraph (1) shall 
        be adjusted for inflation from the date of enactment of the 
        Upper Colorado and San Juan River Basin Endangered Fish 
        Recovery Programs Reauthorization Act of 2023 to the beginning 
        of that fiscal year.
            ``(5) Nonreimbursable funds.--Amounts made pursuant to 
        paragraph (1)'';
                    (B) in paragraph (2), by striking ``for Endangered 
                Fish Species in the Upper Colorado River Basin shall 
                expire in fiscal year 2024'' and inserting ``shall 
                expire in fiscal year 2031''; and
                    (C) by striking paragraph (3);
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Non-Federal Contributions to Capital Projects.--The 
Secretary, acting through the Bureau of Reclamation, may accept 
contributed funds, interests in land and water, or other contributions 
from the Upper Division States, political subdivisions of the Upper 
Division States, or individuals, entities, or organizations within the 
Upper Division States, pursuant to agreements that provide for the 
contributions to be used for capital projects costs.'';
            (3) by redesignating subsections (d) through (j) as 
        subsections (c) through (i), respectively;
            (4) in subsection (c) (as so redesignated)--
                    (A) in paragraph (2)--
                            (i) in the first sentence, by striking 
                        ``2024'' and inserting ``2031'';
                            (ii) in the second sentence--
                                    (I) by inserting ``Basin'' after 
                                ``San Juan River''; and
                                    (II) by striking ``2024'' and 
                                inserting ``2031''; and
                            (iii) in the third sentence, by striking 
                        ``in fiscal years commencing after the 
                        enactment of this Act'' and inserting ``for 
                        fiscal year 2024 and each fiscal year 
                        thereafter''; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Federal contributions to annual base funding.--
                    ``(A) In general.--For each of fiscal years 2024 
                through 2031, the Secretary, acting through the Bureau 
                of Reclamation, may accept funds from other Federal 
                agencies, including power revenues collected pursuant 
                to the Act of April 11, 1956 (commonly known as the 
                ``Colorado River Storage Project Act'') (43 U.S.C. 620 
                et seq.).
                    ``(B) Availability of funds.--Funds made available 
                under subparagraph (A) shall be available for 
                expenditure by the Secretary, as determined by the 
                contributing agency and in consultation with the 
                Secretary.
                    ``(C) Treatment of power revenues.--Any power 
                revenues provided under subparagraph (A) shall be 
                treated as nonreimbursable Federal expenditures and as 
                having been repaid and returned to the general fund of 
                the Treasury. Funds provided by other Federal agencies 
                shall be considered as nonreimbursable Federal 
                expenditures.
            ``(4) Non-federal contributions to annual base funding.--
        The Secretary, acting through the Bureau of Reclamation, may 
        accept contributed funds from the Upper Division States, 
        political subdivisions of the Upper Division States, or 
        individuals, entities, or organizations within the Upper 
        Division States, pursuant to agreements that provide for the 
        contributions to be used for annual base funding.
            ``(5) Replacement power.--Contributions of funds made 
        pursuant to this subsection shall not include the cost of 
        replacement power purchased to offset modifications to the 
        operation of the Colorado River Storage Project to benefit 
        threatened or endangered fish species under the Recovery 
        Implementation Programs.'';
            (5) in subsection (d) (as so redesignated)--
                    (A) in the first sentence, by striking ``funds 
                for'' and inserting ``or contributed funds for base 
                funding or''; and
                    (B) in the second sentence, by inserting ``and base 
                funded'' after ``capital'';
            (6) in subsection (f) (as so redesignated), in the first 
        sentence, by inserting ``or threatened'' after ``endangered'';
            (7) in subsection (g) (as so redesignated), by striking 
        ``unless the time period for the respective Cooperative 
        Agreement is extended to conform with this Act'' and inserting 
        ``, as amended or extended'';
            (8) in subsection (h) (as so redesignated), in the first 
        sentence, by striking ``Upper Colorado River Endangered Fish 
        Recovery Program or the San Juan River Basin Recovery 
        Implementation Program'' and inserting ``Recovery 
        Implementation Programs''; and
            (9) in subsection (i)(1) (as so redesignated)--
                    (A) by striking ``2022'' each place it appears and 
                inserting ``2031'';
                    (B) by striking ``2024'' each place it appears and 
                inserting ``2031''; and
                    (C) in subparagraph (C)(ii)(III), by striking 
                ``contributions by the States, power customers, Tribes, 
                water users, and environmental organizations'' and 
                inserting ``non-Federal contributions''.
    (d) Repeal of Limitation on Travel for Advocacy Purposes.--Section 
5 of Public Law 106-392 (126 Stat. 2444) is repealed.
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