Upper Colorado and San Juan River Basin Endangered Fish Recovery Programs Reauthorization Act of 2005

Mr. President, I ask Unanimous consent that the Committee on Agriculture, Nutrition and Forestry be authorized to conduct a business meeting during the session of the Senate on Thursday, October 6, 2005 at 9:30 a.m. in SR-328A, Russell Senate Office Building. The purpose of this meeting will be to review spending levels to meet reconciliation expenditures as imposed by H. Con. Res. 95, establishing the Congressional Budget for the United States Government for fiscal year 2006, revising appropriate budgetary levels for fiscal year 2005, and setting forth appropriate budgetary levels for fiscal years 2007 through 2010, and to agree on recommendations with it will make to the Committee on the Budget thereon.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 6, 2005, at 10 a.m. to conduct a hearing on ``A Review of the CFIUS Process for Implementing the Exon-Florio Amendment.''

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, October 6 at 3 p.m. The purpose of this hearing is to receive testimony on S. 1025, to amend the act entitled ``An Act to Provide for the Construction of the Cheney Division, Wichita Federal Reclamation Project, KS, and for Other Purposes'' to authorize the EQUUS Beds Division of the Wichita Project; S. 1498, to direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District; S. 1529, to provide for the conveyance of certain Federal land in the City of Yuma, AZ; S. 1578, to preauthorize the Upper Colorado and San Juan River Basin Endangered Fish Recovery Implementation Programs; and S. 1760, to authorize early repayment of obligations to the Bureau of Reclamation within the Rogue River Valley Irrigation District or within the Medford Irrigation District, and for other purposes.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, October 6 at 10 a.m.

The purpose of this hearing is to receive an update on Hurricanes Katrina and Rita's effects on energy infrastructure and the status of recovery efforts in the gulf coast region.

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on October 6th, 2005 at 9:30 a.m. for a business meeting to consider the following nominations: Santanu K. Baruah, of Oregon, to be Assistant Secretary of Commerce for Economic Development; George M. Gray, of Massachusetts, to be an Assistant Administrator of the Environmental Protection Agency; Lyons Gray, of North Carolina, to be Chief Financial Officer, Environmental Protection Agency; H. Dale Hall, of New Mexico, to be Director of the United States Fish and Wildlife Service; and Edward McGaffigan, Jr., of Virginia, to be a Member of the Nuclear Regulatory Commission for the term of five years expiring June 30, 2010.

Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on October 6, 2005 at 9:35 a.m. to conduct a hearing to receive testimony on the actions of EPA, the Army Corps of Engineers and the Federal Highway Administration as they relate to Hurricane Katrina.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Thursday, October 6, 2005, at 10 a.m., to hear testimony on ``The Future of the Gulf Coast: Using Tax Policy to Help Rebuild Businesses and Communities and Support Families After Disasters.''

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Thursday, October 6, 2005, at 2:30 p.m., to hear testimony on ``U.S.- Bahrain Free Trade Agreement.''

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 6, 2005, at 11 a.m., to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 6, 2005, at 2:30 p.m., to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Thursday, October 6, 2005, at 9 a.m., for a hearing titled; ``Hurricane Katrina: How Is FEMA Performing Its Mission at This Stage of Recovery?''

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Thursday, October 6, 2005, at 10 a.m., for a hearing titled; ``FEMA Status Report on Recovery Efforts in the Gulf States''

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, October 6, 2005, at 9:30 a.m. in Senate Dirksen Office Building Room 226.

Agenda

I. Nominations: Timothy Flanigan to be Deputy Attorney General; and Susan Neilson to be U.S. Circuit Judge for the Sixth Circuit.

II. Bills: S. 1088 Streamlined Procedures Act of 2005. Kyl, Cornyn, Grassley, Hatch; S. 1789 Personal Data Privacy and Security Act of 2005. Specter, Leahy, Feinstein, Feingold; S. 751 Notification of Risk to Personal Data Act. Feinstein, Kyl; S. 1326 Notification of Risk to Personal Data Act. Sessions; S. 1086 A Bill to Improve the National Program to Register and Monitor Individuals Who Commit Crimes Against Children or Sex Offenses. Hatch, Biden, Schumer; S. 956 Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005. Grassley, Kyl, Cornyn; S. 1699 Stop Counterfeiting in Manufactured Goods Act. Specter, Leahy, Hatch, DeWine, Cornyn, Brownback, Feingold; S. 1095 Protecting American Goods and Services Act of 2005. Cornyn, Leahy; H.R. 683 Trademark Dilution Revision Act of 2005. Smith-TX; S. 443 Antitrust Criminal Investigative Improvements Act of 2005. DeWine, Kohl, Leahy; S. 1787 Relief to Victims of Hurricane Katrina and Other Natural Disasters Act of 2005. Vitter, Grassley, Cornyn, DeWine; and S. 1647 Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005. Feingold, Leahy, Durbin, Kennedy, Feinstein.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized

to meet to conduct a hearing on ``Executive Nominations'' on Thursday, October 6, 2005, at 2:30 p.m., in the Dirksen Senate Office Building Room 226.

Witness List

Panel I: Members of Congress.

Panel II: Wan Kim to be an Assistant Attorney General, Civil Rights Division; Steven G. Bradbury to be an Assistant Attorney General for the Office of Legal Counsel; Sue Ellen Wooldridge to be an Assistant Attorney General, Environment and Natural Resources Division; and Thomas O. Barnett to be an Assistant Attorney General, Antitrust Division.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on October 6, 2005, at 2:30 p.m., to hold a closed briefing.

Mr. President, I ask unanimous consent that the Subcommittee on Federal Financial Management, Government Information, and International Security be authorized to meet on Thursday, October 6, 2005, at 2:30 p.m., for a hearing regarding ``How Does the Federal Government Lease Needed Space?''

THE PRESIDING OFFICER. Without objection, it is so ordered.

subcommittee on oversight of government management, the federal

workforce and the district of columbia

Mr. President, I ask unanimous consent that the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia be authorized to meet on Thursday, October 6, at 2:30 p.m., for a hearing entitled, ``From Factory to Foxhole: Improving DoD Logistics.''

THE PRESIDING OFFICER. Without objection, it is so ordered.

Madam Speaker, I am the lead sponsor of H.R. 3153, the identical House measure to S.1578 under consideration today. This bill is quite simple. It will reauthorize the Upper Colorado and San Juan River Basin endangered fish recovery programs for 2 additional years. This action is necessary to complete the capital construction of these two successful efforts.

The program's existing authorization is set to expire in fiscal year 2008. However, construction costs have increased faster than the consumer price index over the past several years due to factors such as an improved economy and increased energy costs.

This measure's two-year extension of the programs' existing authorization will allow the Bureau of Reclamation to continue providing cost-sharing for these programs. More specifically, S.1578 would authorize the Bureau to expend an additional $15 million in cost- sharing funds for the Upper Basin programs, while recognizing an additional $11 million in non-federal cost-sharing.

It is important to note that this bill maintains both a cap on expenditures and a sunset provision on the time frame for those expenditures, as intended in the original authorization.

I would also like to draw attention to the bipartisan support this bill has garnered. The House bill, H.R. 3153, was introduced with 12 original cosponsors, comprised of the entire Utah and New Mexico delegations and all but one of the Colorado delegation--all of the states affected by these two programs.

I have been a strong supporter of these programs because they effectively balance the goals of continued water supply and usage with the recovery efforts of four endangered fish populations.

It is these kind of on-the-ground programs that Congress should be encouraging to ensure endangered species recovery efforts are locally supported and results-driven.

Passage of this bill represents Congress' acknowledgment that locally-driven programs with real recovery goals is the best approach toward species conservation.

Mr, UDALL of Colorado. Madam Speaker, I rise in support of this bill, and to thank Chairman Pombo and Ranking Member Rahall for making it possible for the House to consider it today.

This bill, cosponsored by both of Colorado's Senators, will reauthorize and expand the authority of the Bureau of Reclamation to undertake capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin and the San Juan River Basin Recovery Implementation Program.

I am a cosponsor of the companion bill, H.R. 3153, which was approved by the Resources Committee last year and which is also cosponsored by my Colorado colleagues, Representatives DeGette, Salazar, and Beauprez.

The Upper Colorado and San Juan recovery programs were established in 1988 and 1992, respectively, through broad-based cooperative agreements that provide for the active participation of the States of Colorado, New Mexico, Utah and Wyoming; the U.S. Fish and Wildlife Service; the Bureau of Reclamation; the National Park Service; the Western Area Power Administration; the Bureau of Land Management; the Bureau of Indian Affairs; the Jicarilla Apache Nation; the Navajo Nation; the Southern Ute Tribe; the Ute Mountain Ute Tribe; the Colorado River Energy Distributors Association; water development interests; and several environmental organizations.

These successful programs are meeting their dual objectives of recovering 4 endangered fish species--the Colorado pikeminnow, the humpback chub, the razorback sucker, and the bonytail chub--while allowing needed water development to proceed in compliance with the Endangered Species Act (ESA). Key parts of the programs are construction of fish hatcheries, fish screens, and fish passage structures as well as habitat restoration and management.

So far, these programs have provided ESA compliance for over 800 water projects that provide more than 2.5 million acre-feet of water per year.

However, because of increased construction and property acquisition costs, the amounts authorized to be appropriated for the program are no longer adequate to fulfill the program goals. In addition, the authority for capital construction projects is scheduled to terminate in 2008, even though projects currently underway cannot be completed by the program termination date.

To respond to those needs, this bill will extend the authorization through 2010, increase the amount authorized for the Federal share of project costs, and raise the limitation on the total costs of projects.

The Bureau of Reclamation has informed us that prompt action on the legislation is necessary if they are to take advantage of a window of opportunity to begin work on recovery-program projects before spring runoff and flash floods make it necessary to wait until next year.

I think we should not lose precious time. So, I am glad that the House is considering this bill today and I urge its approval.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and Natural Resources.

The hearing will be held on Thursday, October 6, 2005 at 3 p.m. in Room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on S. 1025, to amend the Act entitled ``An Act to provide for the construction of the Cheney division, Wichita Federal reclamation project, Kansas, and for other purposes'' to authorize the Equus Beds Division of the Wichita Project; S. 1498, to direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District; S. 1529, to provide for the conveyance of certain Federal land in the city of Yuma, Arizona; S. 1578, to reauthorize the Upper Colorado and San Juan River Basin endangered fish recovery implementation programs; and S. 1760, to authorize early repayment of obligations to the Bureau of Reclamation within the Rogue River Valley Irrigation District or within the Medford Irrigation District, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those

wishing to submit written testimony for the hearing record should send two copies of their testimony to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150.

For further information, please contact Kellie Donnelly 202-224-9360 or Shannon Ewan at 202-224-7555.

committee on energy and natural resources

Madam Speaker, I speak today in support of the Upper Colorado River and San Juan River Basin Endangered Fish Recovery Programs Reauthorization Act of 2005. These important programs are helping us to recover four endangered fish species along the Colorado and San Juan Rivers.

It is essential to these western Colorado water communities that Congress reauthorize the program so we can continue with recovery efforts. I would also like to emphasize that both the Upper Colorado River and the San Juan River are vital water supplies to western Colorado. Over 1,000 water projects are reliant upon the waters in these rivers and tributaries. You can imagine the difficulty of trying to coordinate species recovery with the needs of so many water projects. But that is exactly what we have been able to do and I am proud of their work.

This program can serve as a national model for public and private partnerships for endangered species recovery. It allows water development in accordance to the State and Federal laws to continue while the partners work to recover the endangered fish species. As an individual water user I appreciate how this program does not pass the depletion burdens onto individual water projects and users. It is also very impressive that these partners have been able to work towards species recovery without a single lawsuit filed under the Endangered Species Act.

While water wars are historic throughout the West, this cooperative partnership among the affected parties is truly historic. This is a good bill and I urge my colleagues to support this legislation.

Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 1578) to reauthorize the Upper Colorado and San Juan River Basin endangered fish recovery implementation programs.

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, S. 1578, sponsored by Senator Wayne Allard from Colorado, reauthorizes the Upper Colorado and San Juan River Basin endangered fish recovery programs.

Congresswoman Cubin of Wyoming, a wonderful resource on the Resources Committee, is the sponsor of the House companion measures, and she should be commended for her hard work on this bill.

The dual goals of those programs are to recover four endangered fish species and to ensure that local citizens can continue to use the rivers for their economic, social and cultural needs. Unlike much of the Endangered Species Act's activities, these programs have performance measures and benchmarks to determine recovery progress. As a result, the programs enjoy broad support among various users.

This reauthorization will allow for the last installment of the needed construction projects to enhance fish recovery. I urge my colleagues to support this bipartisan bill. I applaud Mrs. Cubin as the sponsor of the House companion measure.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, we yield back the balance of our time.