[House Report 117-263]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-263
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UPPER COLORADO AND SAN JUAN RIVER BASINS RECOVERY ACT
_______
March 9, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 5001]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5001) to authorize the Secretary of the Interior
to continue to implement endangered fish recovery programs for
the Upper Colorado and San Juan River Basins, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Colorado and San Juan River
Basins Recovery Act''.
SEC. 2. EXTENSION OF AUTHORIZATIONS RELATED TO FISH RECOVERY PROGRAMS.
Section 3 of Public Law 106-392 (114 Stat. 1603 et seq.) is amended--
(1) by striking ``2023'' each place it appears and inserting
``2024'';
(2) in subsection (b)(1), by striking ``$179,000,000'' and
inserting ``$184,000,000'';
(3) in subsection (b)(2) by striking ``$30,000,000'' and
inserting ``$25,000,000'';
(4) in subsection (h), by striking ``, at least 1 year prior
to such expiration,''; and
(5) in subsection (j), by striking ``2021'' each place it
appears and inserting ``2022''.
Purpose of the Bill
The purpose of H.R. 5001 is to authorize the Secretary of
the Interior to continue to implement endangered fish recovery
programs for the Upper Colorado and San Juan River Basins.
Background and Need for Legislation
Four fish species endemic to the Colorado River Basin--the
Colorado pikeminnow, humpback chub, razorback sucker, and
bonytail chub--are listed as endangered or threatened under the
Endangered Species Act (ESA).\1\ The species face challenges
from predatory non-native fish, as well as changes in water
temperature and flow associated with human-induced factors such
as large upstream dams.\2\ Two fish recovery programs focusing
on the Upper Colorado River and a major Colorado River
tributary, the San Juan River, are working to recover the four
fish species while providing ESA compliance for water-related
activities in the states of Colorado, New Mexico, Wyoming, and
Utah.\3\ More than 2,500 water-related projects in the Upper
Colorado River Basin rely on these recovery programs for their
ESA compliance.\4\
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\1\Upper Colo. River Endangered Fish Recovery Program & San Juan
River Basin Recovery Implementation Program, Briefing Summary, 2020-
2021 Highlights 3, 8-10 (2021) [hereinafter 2020-2021 Recovery Programs
Briefing Summary], https://coloradoriverrecovery.org/uc/wp-content/
uploads/sites/2/2021/11/BriefingMaterials-2020-2021-508.pdf.
\2\Id. at 9 and 10; San Juan River Basin Recovery Implementation
Program, Final Program Document 9 (2018).
\3\2020-2021 Recovery Programs Briefing Summary, supra note 1, at
3-4.
\4\Id. at 3.
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The Upper Colorado River Endangered Fish Recovery Program
(Upper Colorado Recovery Program) was established in 1988 to
assist in the recovery of all four of the endangered and
threatened species in the Upper Colorado River Basin.\5\ The
San Juan River Basin Recovery Implementation Program (San Juan
Recovery Program) was established in 1992 to recover the
Colorado pikeminnow and the razorback sucker, which are both
found in the San Juan River Basin.\6\ Both programs are
administered through collaborative partnerships that include
the Bureau of Reclamation, the U.S. Fish and Wildlife Service
(FWS), and other federal agencies, as well as tribes, state
agencies, hydropower customers, conservation groups, and water
users working to promote species recovery.
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\5\Id.
\6\Id.
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In 2021, FWS reclassified the humpback chub by downlisting
it from endangered to threatened under the ESA, partially due
to the conservation and management actions undertaken by the
Upper Colorado Recovery Program partners.\7\ The razorback
sucker is under consideration for downlisting to threatened, as
well.\8\ In the face of prolonged climate change--induced
drought in the Colorado River Basin, the recovery programs
provide ongoing support for species recovery, including by
coordinating reservoir releases to ensure water flows through
habitat at key times.\9\
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\7\Endangered and Threatened Wildlife and Plants; Reclassification
of the Humpback Chub From Endangered to Threatened With a Section 4(d)
Rule, 86 Fed. Reg. 57,588, 57588, 57591 (Oct. 18, 2021) (to be codified
at 50 C.F.R. pt. 17), https://www.govinfo.gov/content/pkg/FR-2021-10-
18/pdf/2021-20964.pdf.
\8\Endangered and Threatened Wildlife and Plants; Reclassification
of the Razorback Sucker From Endangered to Threatened With a Section
4(d) Rule, 86 Fed. Reg. 35,708 (proposed July 7, 2021) (to be codified
at 50 C.F.R. pt. 17), https://www.govinfo.gov/content/pkg/FR-2021-07-
07/pdf/2021-14335.pdf.
\9\2020-2021 Recovery Programs Briefing Summary, supra note 1, at
8; Bradley Udall & Jonathan Overpeck, The Twenty-First Century Colorado
River Hot Drought and Implications for the Future, 53 Water Res. Rsch.
2404 (2017), available at https://doi.org/10.1002/2016WR019638.
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The recovery programs are currently authorized through the
end of fiscal year (FY) 2023.\10\ H.R. 5001 will reauthorize
the programs through FY2024 and provide additional time for
reporting deadlines and finalization of implementing agreements
that were delayed due to the COVID-19 pandemic.
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\10\P.L. 106-392, as amended.
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Additionally, H.R. 5001 will amend the authorizing statute
to lower the San Juan Recovery Program's existing funding
authorization by $5 million and increase the funding
authorization for the Upper Colorado Recovery Program by $5
million, subject to preexisting inflation adjustments. This
reallocation of funds was requested by stakeholders associated
with both recovery programs to allow certain shovel-ready
projects for the Upper Colorado Recovery Program to be
implemented in FY2023.
Committee Action
H.R. 5001 was introduced on August 10, 2021, by
Representative Joe Neguse (D-CO). The bill was referred solely
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on Water, Oceans, and Wildlife. On November
5, 2021, the Subcommittee held a hearing on the bill. On
November 17, 2022, the Natural Resources Committee met to
consider the bill. The Subcommittee was discharged by unanimous
consent. Rep. Neguse offered an amendment designated Neguse #1
revised. The amendment was agreed to by unanimous consent. No
additional amendments were offered, and the bill, as amended,
was adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House Rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Oceans, and Wildlife held
on November 5, 2021.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 3, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5001, the Upper
Colorado and San Juan River Basins Recovery Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 5001 would authorize the appropriation of $10 million
in 2024 for the Bureau of Reclamation (BOR) to participate in
fish recovery programs, including population monitoring and
removal of nonnative fish, in the Upper Colorado River and San
Juan River Basins. In recent years, annual spending for the
program has totaled $9 million. Based on historical spending
patterns, CBO estimates that implementing the bill would cost
$10 million over the 2022-2026 period, assuming the
appropriation of specified amounts.
The bill also would decrease the maximum authorized amount
for fish recovery projects on the San Juan River by $10
million, adjusted for inflation, and increase the maximum for
the Upper Colorado River by the same amount. That reallocation
would have no net effect on discretionary costs over the 2022-
2026 period.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to authorize the Secretary of the
Interior to continue to implement endangered fish recovery
programs for the Upper Colorado and San Juan River Basins.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
According to CBO, this bill contains no unfunded mandates
as defined by the Unfunded Mandates Reform Act.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139. The most recent Catalog of
Federal Domestic Assistance published pursuant to 31 U.S.C.
Sec. 6104 does not identify other programs as related to the
Upper Colorado and San Juan River Recovery Implementation
Program (CFDA No. 15.529) reauthorized by this bill.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 italics, and existing law in which no
change is proposed is shown in roman):
SECTION 3 OF PUBIC LAW 106-392
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, $88,000,000 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 [2023] 2024 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 [2023] 2024 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
$209,000,000 of which--
(1) costs shall not exceed [$179,000,000]
$184,000,000 for the Recovery Implementation Program
for Endangered Fish Species in the Upper Colorado River
Basin through fiscal year [2023] 2024; and
(2) costs shall not exceed [$30,000,000] $25,000,000
for the San Juan River Recovery Implementation Program
through fiscal year [2023] 2024.
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 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.
(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 2-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 and the Elkhead Reservoir enlargement in Colorado.
Such costs shall be considered as non-Federal contributions,
not to exceed $87,000,000.
(d) Base Funding.--
(1) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Secretary to be used by the
Bureau of Reclamation to make the annual base
funding contributions to the Recovery
Implementation Programs $10,000,000 for each of
fiscal years 2020 through [2023] 2024.
(B) Nonreimursable funds.--The funds
contributed to the Recovery Implementation
Programs under subparagraph (A) shall be
considered a nonreimbursable Federal
expenditure.
(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. 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.
(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 1 year prior to such expiration,] the time
period for the respective Cooperative Agreement is extended to
conform with this Act.
(i) Limitation on Indirect Cost Recovery Rate.--The indirect
cost recovery rate for any transfer of funds to the U.S. Fish
and Wildlife Service from another Federal agency for the
purpose of funding any activity associated with the Upper
Colorado River Endangered Fish Recovery Program or the San Juan
River Basin Recovery Implementation Program shall not exceed
three percent of the funds transferred. In the case of a
transfer of funds for the purpose of funding activities under
both programs, the limitation shall be applied to the funding
amount for each program and may not be allocated unequally to
either program, even if the average aggregate indirect cost
recovery rate would not exceed three percent.
(j) Report.--
(1) In general.--Not later than September 30, [2021]
2022, the Secretary shall submit to the appropriate
committees of Congress a report that--
(A) describes the accomplishments of the
Recovery Implementation Programs;
(B) identifies--
(i) as of the date of the report, the
listing status under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.) of the Colorado pikeminnow,
humpback chub, razorback sucker, and
bonytail; and
(ii) as of September 30, [2023] 2024,
the projected listing status under that
Act of each of the species referred to
in clause (i);
(C)(i) identifies--
(I) the total expenditures and the
expenditures by categories of
activities by the Recovery
Implementation Programs during the
period beginning on the date on which
the applicable Recovery Implementation
Program was established and ending on
September 30, [2021] 2022; and
(II) projected expenditures by the
Recovery Implementation Programs during
the period beginning on October 1,
[2021] 2022, and ending on September
30, [2023] 2024; and
(ii) for purposes of the expenditures
identified under clause (i), includes a
description of--
(I) any expenditures of appropriated
funds;
(II) any power revenues;
(III) any contributions by the
States, power customers, Tribes, water
users, and environmental organizations;
and
(IV) any other sources of funds for
the Recovery Implementation Programs;
and
(D) describes--
(i) any activities to be carried out
under the Recovery Implementation
Program after September 30, [2023]
2024; and
(ii) the projected cost of the
activities described under clause (i).
(2) Consultation required.--The Secretary shall
consult with the participants in the Recovery
Implementation Programs in preparing the report under
paragraph (1).
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]