[House Report 107-672]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-672
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ENDANGERED FISH RECOVERY PROJECTS FOR UPPER COLORADO AND SAN JUAN RIVER
BASINS
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September 24, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 5099]
The Committee on Resources, to whom was referred the bill
(H.R. 5099) to extend the periods of authorization for the
Secretary of the Interior to implement capital construction
projects associated with the endangered fish recovery
implementation programs for the Upper Colorado and San Juan
River Basins, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 5099 is to extend the periods of
authorization for the Secretary of the Interior to implement
capital construction projects associated with the endangered
fish recovery implementation programs for the Upper Colorado
and San Juan River Basins.
Background and Need for Legislation
The Recovery Implementation Program on the Upper Colorado
River began with the cooperative agreement signed in 1988 by
the governors of Colorado, Wyoming and Utah, and the Bureau of
Reclamation (Reclamation), U.S. Fish and Wildlife Service and
the Western Area Power Administration (WAPA). The San Juan
Recovery Implementation Program, initiated in 1991, is a
similar effort involving Colorado, New Mexico, the Bureau of
Indian Affairs, the U.S. Fish and Wildlife Service, Reclamation
and WAPA. The goals of these two programs are to balance the
recovery of four species of endangered fish (Colorado
pikeminnow, humpback chub, razorback sucker and the bonytailed
chub) with the need to meet the other demands for water in the
region.
Public Law 106-392 provided specific authority for
Reclamation to implement and construct capital improvement
projects necessary to carry out the objectives of the Programs.
This authority expires in fiscal year 2005 for the Upper
Colorado Recovery Implementation Program and fiscal year 2007
for the San Juan Recovery Implementation Program. Under these
Programs, Reclamation has constructed fish passageways, fish
screens, fish propagation facilities, and acquired and restored
habitat to support recovery of the listed species. As a result
of these efforts, measurable progress has been made toward
down-listing and de-listing of the protected species in
accordance with approved recovery goals. Where appropriate,
responsibility for operating and maintaining these facilities
is being transferred to local entities with funding provided by
Reclamation.
Problems have been encountered that are affecting
Reclamation's ability to construct all needed facilities within
the currently authorized time frames. This includes facilities
at the Price-Stubb and Tusher Wash Diversion Dams. The Price-
Stubb Diversion Dam fish passage facility has been delayed by a
Federal Energy Regulatory Commission licensing process. The
Tusher Wash Diversion Dam fish screen has been delayed due to
ongoing litigation between the owners of the canal system and
the hydropower facility served by the canal system. This
litigation has been appealed to the Utah Supreme Court.
To resolve these issues, construction authority provided by
Public Law 106-392 needs to be extended through fiscal year
2008. Reclamation is authorized to enter into contracts,
grants, and cooperative agreements for the purpose of
constructing, transferring ownership, and assigning
responsibility for operation and maintenance to private
companies and local, state and federal entities, with funding
provided by Reclamation. No additional funds are provided by
H.R. 5099 because the existing funding authorization is
adequate to complete construction.
Committee Action
H.R. 5099 was introduced on July 11, 2002, by Congressman
James V. Hansen (R-UT). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Water and Power. On September 12, 2002, the Full Resources
Committee met to mark up the bill. By unanimous consent, the
Subcommittee on Water and Power was discharged from further
consideration of H.R. 5099. No amendments were offered and the
bill was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. The Committee believes that
enactment of this bill will have little impact on the federal
budget.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
ACT OF OCTOBER 30, 2000
(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.
* * * * * * *
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 by the
parties thereto.
* * * * * * *
SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.
(a) Authorization of Appropriations for Federal Participation
in Capital Projects.--(1) * * *
(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 [2005] 2008 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 [2007] 2008 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
$100,000,000 of which--
(1) costs shall not exceed $82,000,000 for the
Recovery Implementation Program for Endangered Fish
Species in the Upper Colorado River Basin through
fiscal year [2005] 2008; and
(2) costs shall not exceed $18,000,000 for the San
Juan River Recovery Implementation Program through
fiscal year [2007] 2008.
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 [with] 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.
* * * * * * *