S. 3189Senate110th Congress (2007-2009)In Committee

Endangered Fish Recovery Programs Improvement Act of 2008

Introduced June 25, 2008

Legislative Activity

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5 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 1005.

September 16, 2008

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SenateIntro Referral

Introduced in Senate

June 25, 2008

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

June 25, 2008

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 110-571.

July 8, 2008

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

September 11, 2008

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute. Without written report.

September 16, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 1005.

September 16, 2008

Floor Debate

8 members

What members said about S. 3189 on the floor

3 Republicans5 Democrats
Ron Wyden
Sen. Ron WydenD-OR · Apr 16, 2007

Mr. President, I have come to the floor to talk a bit about taxes. Millions of Americans are scrambling today to file their taxes, trying to pull together their 1040 forms and ``schedule this'' and…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Apr 16, 2007

Mr. President, I rise today to introduce the Redwood Valley County Water District Loan Renegotiation Act of 2007. I am pleased that Senator Boxer is a cosponsor of this bill. This bill seeks to…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Apr 16, 2007

Mr. President, I rise to introduce a comprehensive Energy efficiency bill. I am pleased to have the Ranking Member of the Energy Committee, the senior Senator from New Mexico, as my co-sponsor, along…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Apr 16, 2007

Mr. President, over 18 months ago, the President signed into law the Energy Policy Act of 2005. The enactment of that comprehensive legislation was a watershed event in structuring sound Energy…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Apr 16, 2007

Mr. President, today I am pleased to be joined by Senator Craig to introduce legislation called the Fuel Efficiency Act of 2007. This legislation is an important component of broader legislation that…

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Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Apr 16, 2007

Mr. President, today, Senator Bond and I are introducing the Vision Care for Kids Act of 2007. This legislation will provide follow-up vision care services for those children who have visual problems…

Christopher S. Bond
Sen. Christopher S. BondR-MO · Apr 16, 2007

Mr. President, children endure a lot. They cannot always tell us what's wrong. Often they do not know themselves. So it takes a special person to work with young people and help identify their…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Apr 16, 2007

Mr. President, I rise today to reinforce the importance of water resource development projects in Juab County, UT, by introducing the Juab County Surface and Ground Water Study and Development Act of…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Jun 26, 2008

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. The hearing will be held on…

Bill Text

2 versions available

Reading Mode
Latest
Reported to SenateIssued September 16, 2008

II

Calendar No. 1005

110th CONGRESS

2d Session

S. 3189

IN THE SENATE OF THE UNITED STATES

June 25, 2008

Mr. Bingaman (for himself, Mr. Domenici, and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 16, 2008

Reported by Mr. Bingaman, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend Public Law 106–392 to require the Administrator of the Western Area Power Administration and the Commissioner of Reclamation to maintain sufficient revenues in the Upper Colorado River Basin Fund, and for other purposes.

1.

Short title

This Act may be cited as the Endangered Fish Recovery Programs Improvement Act of 2008.

2.

Endangered fish recovery programs

(a)

Definitions

Section 2 of Public Law 106–392 (114 Stat. 1602) is amended—

(1)

in paragraph (5), by inserting , rehabilitation, and repair after and replacement; and

(2)

in paragraph (6), by inserting those for protection of critical habitat through stabilization of adjacent stream banks and adjacent impacted infrastructure, those for preventing entrainment of fish in water diversions, after instream flows,.

(b)

Authorization To fund recovery programs

Section 3 of Public Law 106–392 (114 Stat. 1603; 120 Stat. 290) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking $61,000,000 and inserting $88,000,000;

(B)

in paragraph (2), by striking 2010 and inserting 2023; and

(C)

in paragraph (3), by striking 2010 and inserting 2023;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking $126,000,000 and inserting $209,000,000;

(B)

in paragraph (1)—

(i)

by striking $108,000,000 and inserting $179,000,000; and

(ii)

by striking 2010 and inserting 2023; and

(C)

in paragraph (2)—

(i)

by striking $18,000,000 and inserting $30,000,000; and

(ii)

by striking 2010 and inserting 2023;

(3)

in subsection (c)(4), by striking $31,000,000 and inserting $87,000,000; and

(4)

in subsection (d)—

(A)

in paragraph (2)—

(i)

in the fourth sentence, by striking 2011 and inserting 2023;

(ii)

in the fifth sentence, by striking 2008 and inserting 2020; and

(iii)

in the sixth sentence, by striking 2011 and inserting 2023;

(B)

by striking paragraph (3) and inserting the following:

(3)

Duty of Western Area Power Administration and Bureau of Reclamation

(A)

Definitions

In this paragraph:

(i)

Administrator

The term Administrator means the Administrator of the Western Area Power Administration.

(ii)

Commissioner

The term Commissioner means the Commissioner of Reclamation.

(iii)

Upper Colorado River Basin Fund

The term Upper Colorado River Basin Fund means the fund established under section 5(a) of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act) (43 U.S.C. 620d(a)).

(B)

Duty of Administrator and Commissioner

The Administrator and the Commissioner shall maintain sufficient revenues in the Upper Colorado River Basin Fund to meet the obligation of the Administrator and Commissioner to provide base funding in accordance with paragraph (2).

(C)

Insufficient funds

If the Administrator and the Commissioner jointly determine that the amount of funds in the Upper Colorado River Basin Fund may not be sufficient to meet the obligations of section 5(c)(1) of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act) (43 U.S.C. 620d(c)(1)) and paragraph (2), base funding may be provided through loans to the Administrator from the Colorado Water Conservation Board Construction Fund (Col. Rev. Stat. 37–60–121 (2008)) in lieu of funds that would otherwise be collected from power revenues and used for storage project repayments.

(D)

Repayment

(i)

Agreement

Subject to an agreement entered into among the Colorado Water Conservation Board, the Administrator, and the Commissioner, the Administrator may repay any loan provided under subparagraph (C) from power revenues collected after September 30, 2019.

(ii)

Negotiation of loans and future contracts

The agreement described in clause (i), and any loan contract that may be entered into among the Colorado Water Conservation Board, the Administrator, and the Commissioner, shall be negotiated in consultation with Salt Lake City Area Integrated Projects Firm Power Contractors.

(iii)

Required provisions

The agreement described in clause (i) and each loan contract described in clause (ii) shall include provisions that are designed—

(I)

to minimize impacts on electrical power rates; and

(II)

to ensure that loan repayment to the Colorado Water Conservation Board (including principal and interest) is treated as nonreimbursable and as having been repaid and returned to the general fund of the Treasury as costs assigned to power for repayment under section 5 of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act) (43 U.S.C. 620d).

(III)

Repayment deadline

The repayment of a loan provided under subparagraph (C) shall be completed not later than September 30, 2057.

; and

(C)

by adding at the end the following:

(4)

Failure to obtain loan

(A)

Report

If the Administrator of the Western Area Power Administration is unable to obtain a loan from the Colorado Water Conservation Board under paragraph (3)(C), the Administrator and the Commissioner of Reclamation shall submit to the appropriate committees of Congress a report describing the projected base funding shortfall with respect to the Colorado River Basin Fund established under section 5(a) of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act) (43 U.S.C. 620d(a)).

(B)

Authorization of appropriations

There are authorized to be appropriated to the Secretary such sums as are necessary to eliminate the base funding shortfall described in subparagraph (A).

.

1.

Short title

This Act may be cited as the Endangered Fish Recovery Programs Improvement Act of 2008.

2.

Endangered fish recovery programs

(a)

Definitions

Section 2 of Public Law 106–392 (114 Stat. 1602) is amended—

(1)

in paragraph (5), by inserting , rehabilitation, and repair after and replacement; and

(2)

in paragraph (6), by inserting those for protection of critical habitat, those for preventing entrainment of fish in water diversions, after instream flows,.

(b)

Authorization To fund recovery programs

Section 3 of Public Law 106–392 (114 Stat. 1603; 120 Stat. 290) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking $61,000,000 and inserting $88,000,000;

(B)

in paragraph (2), by striking 2010 and inserting 2023; and

(C)

in paragraph (3), by striking 2010 and inserting 2023;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking $126,000,000 and inserting $209,000,000;

(B)

in paragraph (1)—

(i)

by striking $108,000,000 and inserting $179,000,000; and

(ii)

by striking 2010 and inserting 2023; and

(C)

in paragraph (2)—

(i)

by striking $18,000,000 and inserting $30,000,000; and

(ii)

by striking 2010 and inserting 2023; and

(3)

in subsection (c)(4), by striking $31,000,000 and inserting $87,000,000.

September 16, 2008

Reported with an amendment