[House Report 117-263]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-263

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



 
         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.
---------------------------------------------------------------------------
    \5\Id.
    \6\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \10\P.L. 106-392, as amended.
---------------------------------------------------------------------------
    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]