[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2247 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 358
118th CONGRESS
  2d Session
                                S. 2247

                          [Report No. 118-167]

To reauthorize the Bureau of Reclamation to provide cost-shared funding 
 to implement the endangered and threatened fish recovery programs for 
             the Upper Colorado and San Juan River Basins.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2023

Mr. Hickenlooper (for himself, Mr. Romney, Mr. Lujan, Mr. Heinrich, and 
  Mr. Bennet) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             April 9, 2024

                Reported by Mr. Manchin, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Bureau of Reclamation to provide cost-shared funding 
 to implement the endangered and threatened fish recovery 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. SHORT TITLE.

    This Act may be cited as the ``Upper Colorado and San Juan River 
Basins Endangered Fish Recovery Programs Reauthorization Act of 2023''.

SEC. 2. REAUTHORIZATION OF UPPER COLORADO AND SAN JUAN RIVER BASINS 
              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 Program 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), by striking ``(1) There is 
                hereby authorized to be appropriated to the Secretary, 
                $88,000,000 to undertake capital projects to carry out 
                the purposes of this Act. Such funds'' and inserting 
                the following:
            ``(1) Authorization.--
                    ``(A) In general.--Subject to subparagraph (B), 
                there is authorized to be appropriated to the Secretary 
                for use by the Bureau of Reclamation to undertake 
                capital projects to carry out the purposes of this Act 
                $50,000,000 for the period of fiscal years 2024 through 
                2031.
                <DELETED>    ``(B) Inflation adjustment.--Each fiscal 
                year, the amount authorized to be appropriated under 
                subparagraph (A) shall be adjusted for inflation from 
                the date of enactment of the Upper Colorado and San 
                Juan River Basins Endangered Fish Recovery Programs 
                Reauthorization Act of 2023 to the beginning of that 
                fiscal year.</DELETED>
                    ``(B) Annual adjustment.--For each of fiscal years 
                2025 through 2031, the amount authorized to be 
                appropriated under subparagraph (A) shall be annually 
                adjusted to reflect widely available engineering cost 
                indices applicable to relevant construction activities.
                    ``(C) Nonreimbursable funds.--Amounts made 
                available pursuant to subparagraph (A)'';
                    (B) in paragraph (2), by striking ``Program for 
                Endangered Fish Species in the Upper Colorado River 
                Basin shall expire in fiscal year 2024'' and inserting 
                ``Programs 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 (1)(A), by striking ``$10,000,000 
                for each of fiscal years 2020 through 2024'' and 
                inserting ``$92,040,000 for the period of fiscal years 
                2024 through 2031'';
                    (B) in paragraph (2)--
                            (i) in the first sentence, by striking 
                        ``$4,000,000 per year'' and inserting 
                        ``$61,100,000 for the period of fiscal years 
                        2024 through 2031'';
                            (ii) in the second sentence--
                                    (I) by inserting ``Basin'' after 
                                ``San Juan River''; and
                                    (II) by striking ``$2,000,000 per 
                                year'' and inserting ``$30,940,000 for 
                                the period of fiscal years 2024 through 
                                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
                    (C) 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 in consultation with the Secretary.
                    ``(C) Treatment of funds.--Funds made available 
                under subparagraph (A) shall be treated as 
                nonreimbursable Federal expenditures.
                    ``(D) Treatment of power revenues.--Any power 
                revenues accepted under subparagraph (A) shall be 
                treated as having been repaid and returned to the 
                general fund of the Treasury.
            ``(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 (f) (as so redesignated), in the first 
        sentence, by inserting ``or threatened'' after ``endangered'';
            (6) 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'';
            (7) 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
            (8) in subsection (i)(1) (as so redesignated)--
                    (A) by striking ``2022'' each place it appears and 
                inserting ``2030'';
                    (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''.
<DELETED>    (d) Repeal of Limitation on Travel for Advocacy 
Purposes.--Section 5 of Public Law 106-392 (114 Stat. 1602; 126 Stat. 
2445) is repealed.</DELETED>
                                                       Calendar No. 358

118th CONGRESS

  2d Session

                                S. 2247

                          [Report No. 118-167]

_______________________________________________________________________

                                 A BILL

To reauthorize the Bureau of Reclamation to provide cost-shared funding 
 to implement the endangered and threatened fish recovery programs for 
             the Upper Colorado and San Juan River Basins.

_______________________________________________________________________

                             April 9, 2024

                        Reported with amendments