[House Report 107-672]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-672

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ENDANGERED FISH RECOVERY PROJECTS FOR UPPER COLORADO AND SAN JUAN RIVER 
                                 BASINS

                                _______
                                

 September 24, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 5099]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5099) to extend the periods of authorization for the 
Secretary of the Interior to implement capital construction 
projects associated with the endangered fish recovery 
implementation programs for the Upper Colorado and San Juan 
River Basins, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 5099 is to extend the periods of 
authorization for the Secretary of the Interior to implement 
capital construction projects associated with the endangered 
fish recovery implementation programs for the Upper Colorado 
and San Juan River Basins.

                  Background and Need for Legislation

    The Recovery Implementation Program on the Upper Colorado 
River began with the cooperative agreement signed in 1988 by 
the governors of Colorado, Wyoming and Utah, and the Bureau of 
Reclamation (Reclamation), U.S. Fish and Wildlife Service and 
the Western Area Power Administration (WAPA). The San Juan 
Recovery Implementation Program, initiated in 1991, is a 
similar effort involving Colorado, New Mexico, the Bureau of 
Indian Affairs, the U.S. Fish and Wildlife Service, Reclamation 
and WAPA. The goals of these two programs are to balance the 
recovery of four species of endangered fish (Colorado 
pikeminnow, humpback chub, razorback sucker and the bonytailed 
chub) with the need to meet the other demands for water in the 
region.
    Public Law 106-392 provided specific authority for 
Reclamation to implement and construct capital improvement 
projects necessary to carry out the objectives of the Programs. 
This authority expires in fiscal year 2005 for the Upper 
Colorado Recovery Implementation Program and fiscal year 2007 
for the San Juan Recovery Implementation Program. Under these 
Programs, Reclamation has constructed fish passageways, fish 
screens, fish propagation facilities, and acquired and restored 
habitat to support recovery of the listed species. As a result 
of these efforts, measurable progress has been made toward 
down-listing and de-listing of the protected species in 
accordance with approved recovery goals. Where appropriate, 
responsibility for operating and maintaining these facilities 
is being transferred to local entities with funding provided by 
Reclamation.
    Problems have been encountered that are affecting 
Reclamation's ability to construct all needed facilities within 
the currently authorized time frames. This includes facilities 
at the Price-Stubb and Tusher Wash Diversion Dams. The Price-
Stubb Diversion Dam fish passage facility has been delayed by a 
Federal Energy Regulatory Commission licensing process. The 
Tusher Wash Diversion Dam fish screen has been delayed due to 
ongoing litigation between the owners of the canal system and 
the hydropower facility served by the canal system. This 
litigation has been appealed to the Utah Supreme Court.
    To resolve these issues, construction authority provided by 
Public Law 106-392 needs to be extended through fiscal year 
2008. Reclamation is authorized to enter into contracts, 
grants, and cooperative agreements for the purpose of 
constructing, transferring ownership, and assigning 
responsibility for operation and maintenance to private 
companies and local, state and federal entities, with funding 
provided by Reclamation. No additional funds are provided by 
H.R. 5099 because the existing funding authorization is 
adequate to complete construction.

                            Committee Action

    H.R. 5099 was introduced on July 11, 2002, by Congressman 
James V. Hansen (R-UT). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Water and Power. On September 12, 2002, the Full Resources 
Committee met to mark up the bill. By unanimous consent, the 
Subcommittee on Water and Power was discharged from further 
consideration of H.R. 5099. No amendments were offered and the 
bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. The Committee believes that 
enactment of this bill will have little impact on the federal 
budget.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                        ACT OF OCTOBER 30, 2000


                          (Public Law 106-392)

 AN ACT 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.

           *       *       *       *       *       *       *


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 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 by the 
        parties thereto.

           *       *       *       *       *       *       *


SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

  (a) Authorization of Appropriations for Federal Participation 
in Capital Projects.--(1)  * * *
  (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] 2008 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] 2008 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] 2008; and
          (2) costs shall not exceed $18,000,000 for the San 
        Juan River Recovery Implementation Program through 
        fiscal year [2007] 2008.
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] within 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.

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