[Senate Report 118-167]
[From the U.S. Government Publishing Office]


                                                         Calendar No. 358
                                                       
118th Congress }                                               {   Report
                                 SENATE
 2d Session    }                                               {  118-167

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



 
   UPPER COLORADO AND SAN JUAN RIVER BASINS ENDANGERED FISH RECOVERY 
                      PROGRAMS REAUTHORIZATION ACT

                                _______
                                

                 April 9, 2024.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2247]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2247) to reauthorize the Bureau of 
Reclamation to provide cost-shared funding to implement the 
endangered and threatened fish recovery programs for the Upper 
Colorado and San Juan River Basins, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.

                               Amendments

    The amendments are as follows:
    1. Beginning on page 4, strike line 19 and all that follows 
through page 5, line 2, and insert the following:

                  ``(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.

    2. On page 9, strike lines 13 through 15.

                                Purpose

    The purpose of S. 2247 is to reauthorize the Bureau of 
Reclamation to provide cost-shared funding to implement the 
endangered and threatened fish recovery programs for the Upper 
Colorado and San Juan River Basins.

                          Background and Need

    The Upper Colorado River Endangered Fish Recovery Program 
and the San Juan River Basin Recovery Implementation Program 
are two fish recovery programs focused on working to recover 
four threatened and endangered species, while providing 
Endangered Species Act (ESA) compliance for water-related 
activities in the states of Colorado, New Mexico, Wyoming, and 
Utah. More than 2,500 water-related projects in the Upper 
Colorado River Basin rely on these programs for their ESA 
compliance, totaling more than 3.7 million acre-feet of water 
use per year--including major water reservoirs, agricultural 
water use, ski areas, and more. The recovery programs are 
currently authorized through the end of FY2024.
    The Upper Colorado River Endangered Fish Recovery Program 
was established in 1988 to assist in the recovery of the 
Colorado pikeminnow, humpback chub, razorback sucker, and 
bonytail chub. The San Juan River Basin Recovery Implementation 
Program was established in 1992 to recover the Colorado 
pikeminnow and razorback sucker on the San Juan River. Both 
programs are administered through collaborative partnerships 
that include 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 collaboratively to promote species recovery. 
Program funding is provided through a combination of federal 
appropriations, contributions from Tribes, states, and water 
users, and revenues from hydropower generated at dams in the 
Upper Colorado River Basin.
    The fish recovery programs are successfully working to 
reclassify the four species that are endemic to the Colorado 
River Basin from ``endangered'' to ``threatened'' under the 
ESA. Despite nonnative fish predators and widespread drought 
throughout the basin, the FWS reclassified the humpback chub 
from ``endangered'' to ``threatened'' under the ESA in November 
2021. The razorback sucker is under consideration for 
reclassifying from ``endangered'' to ``threatened'', as well. 
Legislation is needed to extend the authorization of the two 
fish recovery programs that are set to expire soon.

                          Legislative History

    S. 2247 was introduced by Senators Hickenlooper on July 11, 
2023, and cosponsored by Senators Romney, Bennet, Lujan, and 
Heinrich. The Subcommittee on Water and Power held a hearing on 
S. 2247 on July 19, 2023.
    Similar legislation has been introduced in the House of 
Representatives by Representative Neguse, H.R. 3918, and 
Representative Boebert, H.R. 4596.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 14, 2023, by a voice vote of 
a quorum present, recommends that the Senate pass S. 2247, if 
amended as described herein.

                          Committee Amendments

    During its consideration of S. 2247, the Committee adopted 
two amendments to clarify the inflation indices for capital 
projects and remove the repeal of the limitation on travel for 
advocacy purposes.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the Act as the 
``Upper Colorado and San Juan River Basins Endangered Fish 
Recovery Programs Reauthorization Act of 2023''.

Section 2. Reauthorization of Upper Colorado and San Juan River Basins 
        Endangered Fish and Threatened Fish Recovery Implementation 
        Programs

    Paragraph (a) amends the purpose to add threatened species.
    Paragraph (b) provides technical edits and clarifies the 
definitions of the Upper Colorado and San Juan River Basins 
Endangered Fish and Threatened Fish Recovery Implementation 
Programs (Recovery Implementation Programs).
    Paragraph (c) increases and extends the authorization of 
the Department of the Interior to provide funds to participate 
in the Recovery Implementation Programs for an additional 7 
years, from the currently authorized fiscal year 2024 through 
fiscal year 2031. It also increases and extends the 
authorization of the Department of the Interior to provide 
funds for capital projects to carry out the Recovery 
Implementation Programs. It clarifies that the inflation 
adjustment shall reflect widely available engineering cost 
indices applicable to relevant construction activities. This 
paragraph also repeals the expiration to implement capital 
projects for the San Juan River Basin Recovery Implementation 
Program. It clarifies and continues the current practice of 
allowing federal and non-federal contributions to support the 
Recovery Implementation Programs. This paragraph also extends 
the deadline for a report on the accomplishments and 
expenditures of the Recovery Implementation Programs to fiscal 
year 2031.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of S. 
2247, as ordered reported, has been requested but was not 
received at the time the report was filed. When the 
Congressional Budget Office completes its cost estimate, it 
will be posted on the Internet at www.cbo.gov.

                      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. 2247.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic 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. 2247, as ordered reported.

                   Congressionally Directed Spending

    S. 2247, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Reclamation at the 
Subcommittee on Water and Power on July 19, 2023, on S. 2247 
follows:

  Statement of Camille Calimlim Touton, Commissioner, U.S. Bureau of 
Reclamation

           *       *       *       *       *       *       *


S. 2247, Upper Colorado and San Juan River Basins Endangered Fish 
        Recovery Programs Reauthorization Act of 2023
    This bill would extend authority for the Upper Colorado 
River and San Juan River Basin endangered fish recovery 
implementation programs (recovery programs). Reclamation 
supports and urges reauthorization of these important and 
successful recovery programs. Reauthorization of the recovery 
programs provides certainty for the programs and ensures 
current and future water development in the Upper Colorado 
River Basin.
    For more than 30 years, the recovery programs have been a 
model of Endangered Species Act (ESA) implementation. The 
recovery programs' goals are to protect and recover federally 
listed fishes (Colorado pikeminnow, razorback sucker, humpback 
chub, and bonytail) found only in the Colorado River basin 
while water development proceeds according to federal and state 
laws, interstate compacts, Supreme Court decrees, and federal 
trust responsibility to Tribes. The recovery programs' actions 
provide ESA compliance for more than 2,500 federal, Tribal, and 
non-federal water projects which deliver more than 3.69 million 
acre-feet of water for agricultural, industrial, Tribal, and 
municipal uses. The recovery programs facilitate delivery from 
Flaming Gorge, Navajo, and Aspinall Unit reservoirs of the 
Colorado River Storage Project (CRSP) which collectively have 
more than 6.6 million acre-feet of storage capacity, as well as 
depletions of a few acre-feet or less by small, individual, 
projects in the four Upper Basin states of Colorado, New 
Mexico, Utah, and Wyoming.
    When the recovery programs were initiated in 1988 and 1992, 
the U.S. Fish and Wildlife Service indicated that the 
trajectory of all four listed species was toward extinction. 
The implementation of these recovery programs has not only 
prevented extinctions, but substantially improved the prospect 
for recovering the listed fish while simultaneously providing 
timely implementation of water delivery and hydropower 
projects. The recovery programs have contributed to the 
downlisting of the humpback chub from endangered to threatened 
in 2021. The razorback sucker is being recommended for 
downlisting based on reestablishment of adult populations 
across the Colorado River basin and increasing signs of natural 
recruitment.
    Participants in the recovery programs include the Upper 
Basin states; 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.
    Similar to other recovery and conservation programs outside 
of the Upper Colorado River Basin which have cost-share between 
Federal and non-Federal sources, these two recovery programs 
have historically been supported from a variety of funding 
sources, including cash and in-kind contributions by states, 
water users, and power customers, as well as hydropower 
revenues and federal appropriations. Shared contributions from 
program participants are essential for the continued success of 
the recovery programs.
    Recovery program activities are implemented through a 
combination of annual base funding and capital project 
expenditures. Annual base funding supports recurring expenses 
for staff time, facility operations and maintenance, field 
activities, monitoring and data collection, data analysis and 
management, public outreach, committee meetings, and general 
administrative support. Capital funding supports major 
infrastructure improvements implemented at reservoirs, canals, 
diversion dams, and floodplains across the basin.
    Reclamation supports this bill and urges extended re-
authorization of P.L. 106-392 as the continued recovery of 
endangered and threatened species is essential to Reclamation's 
mission. The continued success of the recovery programs to 
ensure the recovery of threatened and endangered fish will 
provide certainty and allow for continued operation and future 
water development in the Upper Colorado River Basin.

                        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. 2247, as ordered 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):

                           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.

           *       *       *       *       *       *       *


SECTION 1. PURPOSE.

    The purpose of this Act is to authorize and provide funding 
for the Bureau of Reclamation to continue the implementation of 
the endangered and threatened fish recovery implementation 
programs for the Upper Colorado and San Juan River Basins in 
order to accomplish the objectives of these programs within a 
currently established time schedule.

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] 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 by the parties thereto.
          (2) The term ``Secretary'' means the Secretary of the 
        Interior.
          (3) The term ``Upper Division States'' means the 
        States of Colorado, New Mexico, Utah, and Wyoming.
          (4) The term ``Colorado River Storage Project'' or 
        ``storage project'' means those dams, reservoirs, power 
        plants, and other appurtenant project facilities and 
        features authorized by and constructed in accordance 
        with the Colorado River Storage Project Act (43 U.S.C. 
        620 et seq.).
          (5) The term ``capital projects'' means planning, 
        design, permitting or other compliance, pre-
        construction activities, construction, construction 
        management, and replacement, rehabilitation, and repair 
        of facilities, and the acquisition of interests in land 
        or water, as necessary to carry out the Recovery 
        Implementation Programs.
          (6) The term ``facilities'' includes facilities for 
        the genetic conservation or propagation of the 
        endangered or threatened fishes, those for the 
        restoration of floodplain habitat or fish passage, 
        those for control or supply of instream flows, those 
        for protection of critical habitat, those for 
        preventing entrainment of fish in water diversions, and 
        those for the [removal or translocation] control of 
        nonnative fishes.
          (7) The term ``interests in land and water'' 
        includes, but is not limited to, [long-term] leases and 
        easements, and [long-term] enforcement, or other 
        agreements protecting instream flows.
          (8) The term ``base funding'' means funding for 
        operation and maintenance of capital projects, 
        implementation of recovery actions other than capital 
        projects, monitoring and research to evaluate the need 
        for or effectiveness of any recovery action, and 
        program management, as necessary to carry out the 
        Recovery Implementation Programs. Base funding also 
        includes annual funding provided under the terms of the 
        [1988 Cooperative Agreement and the 1992 Cooperative 
        Agreement] Recovery Implementation Programs.
          (9) The term ``recovery actions other than capital 
        projects'' includes short-term [leases and agreements] 
        acquisitions for interests in land, water, and 
        facilities; the reintroduction or augmentation of 
        endangered or threatened fish stocks; and the removal, 
        translocation, or other control of nonnative fishes, as 
        approved under the Recovery Implementation Programs.
          (10) The term ``depletion charge'' means a one-time 
        contribution in dollars per acre-foot to be paid to the 
        United States Fish and Wildlife Service pursuant to the 
        Recovery Implementation Program for Endangered Species 
        in the Upper Colorado River Basin based on the average 
        annual new depletion by each project.

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]
          (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)'' 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 2024] Programs shall expire in fiscal 
        year 2031 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 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 $184,000,000 for the 
        Recovery Implementation Program for Endangered Fish 
        Species in the Upper Colorado River Basin through 
        fiscal year 2024; and
          [(2) costs shall not exceed $25,000,000 for the San 
        Juan River Recovery Implementation Program through 
        fiscal year 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.]
    (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.
    [(d)] (c) 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 2024] $92,040,000 
                for the period of fiscal years 2024 through 
                2031.
                  (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] 
        $61,100,000 for the period of fiscal years 2024 to 
        2031. For the San Juan River Basin Recovery 
        Implementation Program, such contributions shall not 
        exceed [$2,000,000 per year] $30,940,000 for the period 
        of fiscal years 2024 through 2031. The Secretary shall 
        adjust such amounts for inflation [in fiscal years 
        commencing after the enactment of this Act] for fiscal 
        year 2024 and each fiscal year thereafter. 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.]
          (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.--Any 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.
    [(e)] (d) 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)] (e) 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)] (f) 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 or threatened 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)] (g) 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 the time period for the 
respective Cooperative Agreement is extended to conform with 
this Act], as amended or extended.
    [(i)] (h) 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] Recovery 
Implementation Programs 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)] (i) Report.--
          (1) In general.--Not later than September 30, [2022] 
        2030, 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, [2024] 2031, 
                        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, [2022] 2030; and
                                  (II) projected expenditures 
                                by the Recovery Implementation 
                                Programs during the period 
                                beginning on October 1, [2022] 
                                2030, and ending on September 
                                30, [2024] 2031; 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] 
                                non-Federal contributions; 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, [2024] 
                        2031; 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).

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