[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2849. Mr. HICKENLOOPER (for himself and Mr. Romney) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 10___. 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; 136 Stat. 
     5572) 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.
       ``(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.--Not more than $499,000 
     in 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''.
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