[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6953-H6954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


     AUTHORIZING BUREAU OF RECLAMATION TO PROVIDE COST SHARING FOR 
ENDANGERED FISH RECOVERY IMPLEMENTATION PROGRAMS FOR UPPER COLORADO AND 
                         SAN JUAN RIVER BASINS

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2348) 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, as amended.
  The Clerk read as follows:

                               H.R. 2348

       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 two 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 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.

[[Page H6954]]

       (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 one 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.

       No provision of this Act nor any action taken pursuant 
     thereto or in furtherance thereof shall constitute a new or 
     supplemental benefit under the Act of June 17, 1902 (chapter 
     1093; 32 Stat. 388), and Acts supplemental thereto and 
     amendatory thereof (43 U.S.C. 371 et seq.).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from California (Mr. George Miller) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, I rise in strong support of H.R. 2348.
  Mr. Speaker, for the last decade, I and many of my colleagues have 
been wrestling with how to address the problems we are facing with the 
implementation of the Endangered Species Act and the Colorado River. I 
personally believe that the current interpretation of the Endangered 
Species Act has strayed from it's original intent. There is little 
doubt in my mind that the authors of the bill never envisioned the 
taking of a person's property rights because of a fly, fish, or 
misplaced tortoise. I can remember when I was a young man, the same 
fish we are trying to save, we were unable to get rid of. However, I 
also believe that if we are ever to move forward on this very emotional 
issue, we must be willing to find the things we agree on and reach a 
compromise. This bill is a product of just that sort of compromise. It 
does not amend the federal Endangered Species Act, nor does it tear 
down any dams, it is a compromise that allows the water to flow and the 
fish to swim free.
  In the past, request for funding the recovery programs have received 
support from Congress because they served as a dispute resolution 
mechanism and provided a means to solve a very complex set of problems 
in the Upper Colorado River and San Juan River Basins. Since 1998, 
these programs have relied primarily on the good will of Congressional 
appropriators and the Department of the Interior for adequate funding. 
While the U.S. Fish and Wildlife Service has clear authority to 
undertake capital projects under the federal Endangered Species Act, no 
such clear authority exists for the U.S. Bureau of Reclamation, the 
Bureau of Indian Affairs, or the Bureau of Land Management.
  With capital construction projects finally underway and the amount of 
funding required increasing, program participants need to have clear 
statutory authority to help ensure that needed funds continue to be 
appropriated by Congress. H.R. 2348 would do this by authorizing the 
appropriation of $46 million to the Bureau of Reclamation and the 
Bureau of Indian Affairs for capital projects under the Upper Colorado 
Endangered Fish Recovery Program and the San Juan Recovery 
Implementation Program. The Bureau of Reclamation has been funding most 
of the capital cost to the projects to implement the Upper Colorado 
River program, like building fish ladders and acquiring flooded bottom 
lands where the fish thrive. Due to the heavy impact on Indian water 
development and Indian trust lands, the Bureau of Indian Affairs has 
shared the funding of the recovery efforts in the San Juan River Basin 
and would likely have responsibility for much of the construction of 
capital projects in the future.
  By enacting this bill, non-federal participants like the states and 
those who purchase power from federal hydroelectric projects, will also 
help pay for capital projects. This cost sharing will be in cash, the 
value of water dedicated from a reservoir in Colorado, and the costs 
associated with reoperating the Flaming Gorge Dam. The cost sharing 
ratio amongst the non-federal participants shall be a true partnership, 
with the states and those who purchase power from federal hydroelectric 
projects equally dividing their cost.
  Mr. Speaker, in conclusion I would like to thank Resources Chairman 
Don Young and Ranking Member, George Miller, for their leadership, and 
I urge my colleagues to support this bill.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California, Mr. Speaker, I rise in strong 
support of H.R. 2348.
  This legislation authorizes funding for the Bureau of Reclamation to 
continue the endangered fish recovery implementation programs for the 
Upper Colorado and San Juan River Basins on a cost-shared basis with 
non-federal participants.
  Through these recovery programs, government agencies, Indian tribes 
and private organizations are working to achieve recovery of endangered 
fish while balancing the continuing demands for water in the arid West. 
The participants are equal partners in the recovery programs and 
decisions are made by consensus. The recovery programs work within 
state laws and support water development under interstate water 
compacts.
  The recovery programs are succeeding because all participants in the 
programs recognize that failure to recover the endangered species could 
result in limitations on current and future water diversions and use in 
the Upper Basin states. H.R. 2348 provides Congress and the Upper Basin 
stakeholders with finite limits on the construction costs anticipated 
by these recovery programs. H.R. 2348 authorizes the use of significant 
non-federal funding contributions.
  Since 1988, the recovery programs have been relied primarily on the 
good will of congressional appropriators and the Department of the 
Interior for adequate funding. With the passage of H.R. 2348, funding 
authorities for the recovery programs will be crystal clear.
  This is one of the most successful and broadly supported interagency 
cooperative programs in the history of fish management in this country. 
We seldom have an opportunity to pass legislation that enjoys such 
broad support. Years of cooperative work which brought this legislation 
before the committee, and I commend the many people both inside and 
outside government who have contributed to this program and the passage 
of this legislation.
  I strongly urge my colleagues to support H.R. 2348.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 2348, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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