S. 3189

Endangered Fish Recovery Programs Improvement Act of 2008

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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