[Senate Report 109-196]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 314
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-196

======================================================================



 
   UPPER COLORADO AND SAN JUAN RIVER BASIN ENDANGERED FISH RECOVERY 
                  PROGRAMS REAUTHORIZATION ACT OF 2005

                                _______
                                

                December 8, 2005.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1578]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1578) to reauthorize the Upper Colorado 
and San Juan River Basin endangered fish recovery 
implementation programs, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                           Purpose of Measure

    The purpose of S. 1578 is to extend authorization and 
increase the amounts authorized to be appropriated for the 
Upper Colorado and San Juan River Basin Endangered Fish 
Recovery Programs.

                          Background and Need

    The Upper Colorado River Endangered Species Recovery 
Program was established in 1988 and the San Juan River Basin 
Recovery Implementation Program was established in 1992. The 
goal of both programs is to recover endangered fish in the 
respective basins. In 2000, the Upper Colorado and San Juan 
River Basins Endangered Fish Recovery Programs Act was enacted 
(Public Law 106-392). The Act authorized the Bureau of 
Reclamation (hereinafter ``Bureau'') to provide cost sharing 
for the endangered fish recovery implementation programs for 
the Upper Colorado and San Juan River Basins. Activities 
undertaken by the programs provide compliance with the 
Endangered Species Act as required for the operation of more 
than 800 Federal and non-Federal multi-purpose projects which 
provide more than 2.5 million acre-feet of water per year. Due 
to increased construction and property acquisition costs, the 
amounts authorized to be appropriated for the program are no 
longer adequate to fulfill the program goals. The termination 
of authority for capital construction projects date is 2008. 
Program participants are concerned that, in its multi-year 
planning, the administration will not include the program in 
its budget request which would require a large increase in the 
Bureau's 2008 budget. Additionally, projects currently underway 
cannot be completed by the program termination date of 2008. 
For this reason, the program participants have sought an 
extension of authority though 2010.
    During the consideration of Public Law 106-392, it was 
anticipated that the value of lost power revenues that would 
have gone to meet endangered fish needs was approximately $15 
million. Congress recognized this as a non-Federal cost share 
in Public Law 106-392. However, the original estimate has been 
exceeded. The estimated lost revenue to the Western Area Power 
Administration is $22.1 million, $7.1 million more than was 
originally estimated. Program participants have requested that 
$7.1 million in lost power revenues be recognized as non-
Federal cost share, as in the original authorizing legislation.
    The planned enlargement of Elkhead Reservoir would provide 
an additional 5,000 acre-feet of water per annum for use by the 
program to provide flows for endangered species. According to 
program participants, the program plans to lease up to 2,000 
acre-feet of water per year from the Colorado River Water 
Conservation District at a rate of $50 per acre-foot per annum, 
paying only for the water actually leased in a given year. On 
average, the lease is expected to be 500 acre-feet of water per 
year at a cost of $25,000. The amortized cost of providing 
2,000 acre-feet of water per year of storage in Elkhead 
Reservoir is $110 per acre-foot of water per year, or $220,000 
per year, resulting in a non-Federal cost share to the Program 
of $195,000 per year for 20 years, for a total of $3.9 million. 
This is in addition to the $5.0 million that was recognized in 
Public Law 106-392 as a water user cost share as a result of 
releases from Wolford Mountain Reservoir.

                          Legislative History

    S. 1578 was introduced by Senator Allard for himself and 
Senators Bennett, Hatch and Salazar on July 29, 2005, and 
referred to the Committee on Energy and Natural Resources. 
Senator Bingaman is also a co-sponsor. The Subcommittee on 
Water and Power held a hearing on S. 1578 on October 6, 2005. 
S. Hrg. 109-105. At the business meeting on November 16, 2005, 
the Committee on Energy and Natural Resources ordered S. 1578 
favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business meeting on November 16, 2005, by unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1578.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Upper Colorado 
and San Juan River Basin Endangered Fish Recovery Programs 
Reauthorization Act of 2005''.
    Section 2 increases the authorization of appropriations for 
capital projects from $46 million to $61 million, extends 
authorization for capital projects in both the Upper Colorado 
and San Juan River basins from 2008 to 2010, increases the 
total cost ceiling for both Recovery Implementation Programs 
from $100 million to $126 million by increasing the total cost 
ceiling for Upper Colorado River Basin fish recovery from $82 
million to $108 million, allows the capital cost of water from 
the enlargement of Elkhead Reservoir to be considered a non-
Federal contribution, and increases the non-Federal cost-share 
cap from $20 million to $31 million.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                  December 2, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1578, the Upper 
Colorado and San Juan River Basin Endangered Fish Recovery 
Programs Reauthorization Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 1578--Upper Colorado and San Juan River Basin Endangered Fish 
        Recovery Programs Reauthorization Act of 2005

    Summary: S. 1578 would extend the authorization period and 
increase the amounts authorized to be appropriated for the fish 
recovery programs in the Upper Colorado and San Juan River 
Basins. Under current law, $46 million is authorized to be 
appropriated through 2008 for the construction of capital 
projects in both basins. Enacting S. 1578 would extend the 
authorization for both programs through 2010 and increase the 
authorization of appropriations to $61 million for construction 
projects. CBO estimates that implementing S. 1578 would cost 
$12 million over the 2008-2010 period, assuming appropriation 
of the authorized amount.
    S. 1578 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. The funds authorized in the bill would benefit 
states participating in programs that assist with recovering 
fish habitats. Any cost they may incur would result from 
complying with conditions for receiving federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1578 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2006      2007      2008      2009      2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Fish Recovery Spending Under Current Law:
    Estimated Authorization level 1...........................         2         4         0         0         0
    Estimated Outlays.........................................         3         4         1         1         0
Proposed Changes:
    Estimated Authorization Level.............................         0         0         5         5         5
    Estimated Outlays.........................................         0         0         3         4         5
Fish Recovery Spending Under S. 1578:
    Estiamted Authorization Level 1...........................         2         4         5         5         5
    Estimated Outlays.........................................         3         4         4         5         5
----------------------------------------------------------------------------------------------------------------
1 The 2006 level is the amount appropriated for that year to carry out the fish recovery programs int the Upper
  Colorado and San Juan River Basins. The 2007 level reflects the current balance of authorized funding the for
  the Bureau of Reclamation to carry out these fish recovery programs. For this estimated, CBO assumes that the
  remaining $4 million authorized to be appropriated for these programs will be provided in 2007.

    Basis of estimate: For this estimate, CBO assumes that his 
legislation will be enacted in 2006 and that the estimated 
amounts necessary to implement the bill will be appropriated 
for 2008 through 2010.
    Under current law, $46 million is authorized to be 
appropriated to the Bureau of Reclamation to implement the fish 
recovery programs for the Upper Colorado and San Juan River 
Basins. To date, the bureau has been appropriated $42 million 
for these programs, and CBO assumes that the balance of funds 
remaining from the current authorization (that is, $4 million) 
will be appropriated in fiscal year 2007. Enacting this 
legislation would increase the authorization of appropriation 
from $46 million to $61 million. CBO assumes that the 
additional $15 million authorized to be appropriated for the 
fish recovery programs would be provided over the 2008-2010 
period in equal increments. Assuming appropriation of the 
authorized amount, CBO estimates that implementing this bill 
would cost $12 million over the 2008-2010 period.
    Intergovernmental and private-sector impact: S. 1578 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The funds authorized in the bill would 
benefit states participating in programs that assist with 
recovering fish habitats. Any cost they may incur would result 
from complying with conditions for receiving federal 
assistance.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
Impact on State, local, and tribal governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Fatimot Ladipo.
    Estimated approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1578. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1578.

                        Executive Communications

    The testimony provided by the Bureau at the Subcommittee 
hearing on S. 1578 in the 109th Congress follows:

  Statement of William E. Rinne, Deputy Commissioner of the Bureau of 
                Reclamation, Department of the Interior

    Madam Chairman and members of the Committee. Thank you for 
the opportunity to appear today on behalf of the Administration 
in support of S. 1578, a bill to reauthorize the Upper Colorado 
River and San Juan River Basin endangered fish recovery 
implementation programs. The Administration commends Senator 
Wayne Allard for introducing the bill and Senators Bennett, 
Hatch, and Salazar for cosponsoring this measure.
    The Upper Colorado River Endangered Fish Recovery Program 
and the San Juan River Basin Recovery Implementation Programs 
were established in 1988 and 1992, respectively. The goals of 
the programs are to recover four endangered fish species in a 
manner consistent with state and tribal laws, interstate 
compacts, the Endangered Species Act, other federal laws, and 
Indian trust responsibilities while water development proceeds. 
Participants in these two programs include the States of 
Colorado, New Mexico, Utah, and Wyoming; federal agencies, 
including the Bureau of Reclamation, Fish and Wildlife Service, 
Western Area Power Administration, National Park Service, 
Bureau of Land Management, and Bureau of Indian Affairs; 
American Indian tribes including the Navajo Nation, Jicarilla 
Apache Nation, Southern Ute Tribe, and Ute Mountain Ute Tribe; 
water users; power users; and environmental organizations.
    Actions taken by the Programs to recover the Colorado 
pikeminnow, humpback chub, razorback sucker, and bonytail meet 
Endangered Species Act (ESA) requirements for operation of 
federal multi-purpose projects, water projects benefiting the 
tribes, and non-federal water projects. Activities and 
accomplishments of these programs provide ESA compliance for 
more than 800 federal and non-federal water projects depleting 
approximately 2.5 million acre-feet per year in the Upper 
Colorado River and San Juan River Basins.
    Recovery Implementation Program actions include providing 
water for endangered fish, managing nonnative fish species, 
restoring habitat, stocking endangered fish, and researching 
and monitoring fish populations and habitat. The Recovery 
Implementation Programs' construction elements include 
construction and operation of fish hatcheries and grow-out 
ponds, fish screens in water diversion canals, fish passage 
structures around migration barriers, and restoration and 
maintenance of floodplain habitats.
    Congress authorized federal expenditures for these programs 
in Public Law 106-392, recognizing cost sharing provided by the 
states, power users, and water users. A total of $100 million 
for construction was authorized for the two programs. 
Congressional appropriations are providing $46 million; Western 
Area Power Administration is providing $17 million from power 
sales revenue (this is considered a contribution by local power 
users); the states of Colorado, Utah, Wyoming and New Mexico 
are providing $17 million; plus an additional $20 million in 
benefits foregone from power users and water users.
    With indexing for inflation, the authorized Federal amount 
for construction of projects in the Upper Colorado River Basin 
is now $64.5 million. Current total estimated costs are $77 
million, indicating an estimated shortfall in authorization of 
approximately $12.5 million.
    The estimated additional costs and time to complete Upper 
Colorado River Basin construction elements result from:
         increasing construction costs, energy costs, 
        and the world market demand for steel;
         delayed construction due to property 
        acquisition issues; and
         additional components and design features as 
        identified necessary from previous construction of fish 
        passages and screens.
    This bill would amend Public Law 106-392 (as amended by 
Public Law 107-375) by:
         increasing the Federal authorized ceiling by 
        $15 million for capital construction for the Upper 
        Colorado River Recovery Program, for a total of $61 
        million;
         recognizing an additional $11 million in non-
        federal cost sharing from water users and power revenue 
        losses over the original $20 million from these 
        sources, bringing the non-Federal share to $65 million; 
        and
         extending the construction authorization 
        period of both Recovery Implementation Programs from 
        2008 to September 30, 2010.
    Enactment of this bill will allow these Recovery 
Implementation Programs to complete construction projects 
critical to the recovery of the four endangered fishes and 
ensure continued successful water management for multiple uses. 
S. 1578 provides a unique opportunity to sustain a partnership 
combining federal and non-federal funding in an ongoing effort 
to recover endangered species while fully recognizing and 
meeting the water needs of local communities. We urge passage 
of S. 1578.
    This concludes my testimony. I am happy to answer any 
questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1578, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in block 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 THE UPPER COLORADO AND SAN JUAN RIVER BASINS ENDANGERED FISH RECOVERY 
                                PROGRAMS


                     Public Law 106-392, As amended


SECTION 1. * * *

           *       *       *       *       *       *       *


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] $61,000,000 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 [2008] 2010 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 
        [2008] 2010 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] $126,000,000 of which--
          (1) costs shall not exceed [$82,000,000] $108,000,000 
        for the Recovery Implementation Program for Endangered 
        Fish Species in the Upper Colorado River Basin through 
        fiscal year [2008] 2010; and
          (2) costs shall not exceed $18,000,000 for the San 
        Juan River Recovery Implementation Program through 
        fiscal year [2008] 2010.

           *       *       *       *       *       *       *

    (c) Non-Federal Contributions to Capital Projects.--
          (1) * * *

           *       *       *       *       *       *       *

          (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 
        and the Elkhead Reservoir enlargement in Colorado. Such 
        costs shall be considered as non-Federal contributions, 
        not to exceed [$20,000,000] $31,000,000.

                                  
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