H.R. 3918

Upper Colorado and San Juan River Basin Endangered Fish Recovery Programs Reauthorization Act of 2023

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I

118th CONGRESS

1st Session

H. R. 3918

IN THE HOUSE OF REPRESENTATIVES

June 7, 2023

Mr. Neguse introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To reauthorize the Upper Colorado and San Juan River Basin endangered fish and threatened fish recovery implementation programs.

1.

Short title

This Act may be cited as the Upper Colorado and San Juan River Basin Endangered Fish Recovery Programs Reauthorization Act of 2023.

2.

Reauthorization of Upper Colorado and San Juan River Basin endangered fish and threatened fish recovery implementation programs

(a)

Purpose

Section 1 of Public Law 106–392 (114 Stat. 1602) is amended by inserting and threatened after endangered.

(b)

Definitions

Section 2 of Public Law 106–392 (114 Stat. 1602; 116 Stat. 3113) is amended—

(1)

in paragraph (1), by striking 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 and inserting 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;

(2)

in paragraph (6)—

(A)

by inserting or threatened after endangered; and

(B)

by striking removal or translocation and inserting control;

(3)

in paragraph (7), by striking long-term each place it appears;

(4)

in paragraph (8), in the second sentence, by striking 1988 Cooperative Agreement and the 1992 Cooperative Agreement and inserting Recovery Implementation Programs;

(5)

in paragraph (9)—

(A)

by striking leases and agreements and inserting acquisitions;

(B)

by inserting or threatened after endangered; and

(C)

by inserting , as approved under the Recovery Implementation Programs after nonnative fishes; and

(6)

in paragraph (10), by inserting pursuant to the Recovery Implementation Programs for Endangered Species in the Upper Colorado River Basin after Service.

(c)

Authorization To fund recovery programs

Section 3 of Public Law 106–392 (114 Stat. 1603; 116 Stat. 3113; 120 Stat. 290; 123 Stat. 1310; 126 Stat. 2444; 133 Stat. 809) (as amended by section 101 of division CC of the Consolidated Appropriations Act, 2023 (Public Law 117–328)) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), at the end, insert the following:

(4)

Inflation Adjustment

Each fiscal year, the total amount authorized to be appropriated under paragraph (1) shall be adjusted for inflation from the date of enactment of the Upper Colorado and San Juan River Basin Endangered Fish Recovery Programs Reauthorization Act of 2023 to the beginning of that fiscal year.

(5)

Nonreimbursable Funds

Amounts made pursuant to paragraph (1)

;

(B)

in paragraph (2), by striking for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2024 and inserting shall expire in fiscal year 2031; and

(C)

by striking paragraph (3);

(2)

by striking subsections (b) and (c) and inserting the following:

(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.

;

(3)

by redesignating subsections (d) through (j) as subsections (c) through (i), respectively;

(4)

in subsection (c) (as so redesignated)—

(A)

in paragraph (2)—

(i)

in the first sentence, by striking 2024 and inserting 2031;

(ii)

in the second sentence—

(I)

by inserting Basin after San Juan River; and

(II)

by striking 2024 and inserting 2031; and

(iii)

in the third sentence, by striking in fiscal years commencing after the enactment of this Act and inserting for fiscal year 2024 and each fiscal year thereafter; and

(B)

by striking paragraph (3) and inserting the following:

(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 and in consultation with the Secretary.

(C)

Treatment of power revenues

Any power revenues provided under subparagraph (A) shall be treated as nonreimbursable Federal expenditures and as having been repaid and returned to the general fund of the Treasury. Funds provided by other Federal agencies shall be considered as nonreimbursable Federal expenditures.

(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.

;

(5)

in subsection (d) (as so redesignated)—

(A)

in the first sentence, by striking funds for and inserting or contributed funds for base funding or; and

(B)

in the second sentence, by inserting and base funded after capital;

(6)

in subsection (f) (as so redesignated), in the first sentence, by inserting or threatened after endangered;

(7)

in subsection (g) (as so redesignated), by striking unless the time period for the respective Cooperative Agreement is extended to conform with this Act and inserting , as amended or extended;

(8)

in subsection (h) (as so redesignated), in the first sentence, by striking Upper Colorado River Endangered Fish Recovery Program or the San Juan River Basin Recovery Implementation Program and inserting Recovery Implementation Programs; and

(9)

in subsection (i)(1) (as so redesignated)—

(A)

by striking 2022 each place it appears and inserting 2031;

(B)

by striking 2024 each place it appears and inserting 2031; and

(C)

in subparagraph (C)(ii)(III), by striking contributions by the States, power customers, Tribes, water users, and environmental organizations and inserting non-Federal contributions.

(d)

Repeal of limitation on travel for advocacy purposes

Section 5 of Public Law 106–392 (126 Stat. 2444) is repealed.