[Senate Report 109-196]
[From the U.S. Government Publishing Office]
Calendar No. 314
109th Congress Report
SENATE
1st Session 109-196
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UPPER COLORADO AND SAN JUAN RIVER BASIN ENDANGERED FISH RECOVERY
PROGRAMS REAUTHORIZATION ACT OF 2005
_______
December 8, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1578]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1578) to reauthorize the Upper Colorado
and San Juan River Basin endangered fish recovery
implementation programs, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of Measure
The purpose of S. 1578 is to extend authorization and
increase the amounts authorized to be appropriated for the
Upper Colorado and San Juan River Basin Endangered Fish
Recovery Programs.
Background and Need
The Upper Colorado River Endangered Species Recovery
Program was established in 1988 and the San Juan River Basin
Recovery Implementation Program was established in 1992. The
goal of both programs is to recover endangered fish in the
respective basins. In 2000, the Upper Colorado and San Juan
River Basins Endangered Fish Recovery Programs Act was enacted
(Public Law 106-392). The Act authorized the Bureau of
Reclamation (hereinafter ``Bureau'') to provide cost sharing
for the endangered fish recovery implementation programs for
the Upper Colorado and San Juan River Basins. Activities
undertaken by the programs provide compliance with the
Endangered Species Act as required for the operation of more
than 800 Federal and non-Federal multi-purpose projects which
provide more than 2.5 million acre-feet of water per year. Due
to increased construction and property acquisition costs, the
amounts authorized to be appropriated for the program are no
longer adequate to fulfill the program goals. The termination
of authority for capital construction projects date is 2008.
Program participants are concerned that, in its multi-year
planning, the administration will not include the program in
its budget request which would require a large increase in the
Bureau's 2008 budget. Additionally, projects currently underway
cannot be completed by the program termination date of 2008.
For this reason, the program participants have sought an
extension of authority though 2010.
During the consideration of Public Law 106-392, it was
anticipated that the value of lost power revenues that would
have gone to meet endangered fish needs was approximately $15
million. Congress recognized this as a non-Federal cost share
in Public Law 106-392. However, the original estimate has been
exceeded. The estimated lost revenue to the Western Area Power
Administration is $22.1 million, $7.1 million more than was
originally estimated. Program participants have requested that
$7.1 million in lost power revenues be recognized as non-
Federal cost share, as in the original authorizing legislation.
The planned enlargement of Elkhead Reservoir would provide
an additional 5,000 acre-feet of water per annum for use by the
program to provide flows for endangered species. According to
program participants, the program plans to lease up to 2,000
acre-feet of water per year from the Colorado River Water
Conservation District at a rate of $50 per acre-foot per annum,
paying only for the water actually leased in a given year. On
average, the lease is expected to be 500 acre-feet of water per
year at a cost of $25,000. The amortized cost of providing
2,000 acre-feet of water per year of storage in Elkhead
Reservoir is $110 per acre-foot of water per year, or $220,000
per year, resulting in a non-Federal cost share to the Program
of $195,000 per year for 20 years, for a total of $3.9 million.
This is in addition to the $5.0 million that was recognized in
Public Law 106-392 as a water user cost share as a result of
releases from Wolford Mountain Reservoir.
Legislative History
S. 1578 was introduced by Senator Allard for himself and
Senators Bennett, Hatch and Salazar on July 29, 2005, and
referred to the Committee on Energy and Natural Resources.
Senator Bingaman is also a co-sponsor. The Subcommittee on
Water and Power held a hearing on S. 1578 on October 6, 2005.
S. Hrg. 109-105. At the business meeting on November 16, 2005,
the Committee on Energy and Natural Resources ordered S. 1578
favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business meeting on November 16, 2005, by unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1578.
Section-by-Section Analysis
Section 1 provides the short title, the ``Upper Colorado
and San Juan River Basin Endangered Fish Recovery Programs
Reauthorization Act of 2005''.
Section 2 increases the authorization of appropriations for
capital projects from $46 million to $61 million, extends
authorization for capital projects in both the Upper Colorado
and San Juan River basins from 2008 to 2010, increases the
total cost ceiling for both Recovery Implementation Programs
from $100 million to $126 million by increasing the total cost
ceiling for Upper Colorado River Basin fish recovery from $82
million to $108 million, allows the capital cost of water from
the enlargement of Elkhead Reservoir to be considered a non-
Federal contribution, and increases the non-Federal cost-share
cap from $20 million to $31 million.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
December 2, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1578, the Upper
Colorado and San Juan River Basin Endangered Fish Recovery
Programs Reauthorization Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1578--Upper Colorado and San Juan River Basin Endangered Fish
Recovery Programs Reauthorization Act of 2005
Summary: S. 1578 would extend the authorization period and
increase the amounts authorized to be appropriated for the fish
recovery programs in the Upper Colorado and San Juan River
Basins. Under current law, $46 million is authorized to be
appropriated through 2008 for the construction of capital
projects in both basins. Enacting S. 1578 would extend the
authorization for both programs through 2010 and increase the
authorization of appropriations to $61 million for construction
projects. CBO estimates that implementing S. 1578 would cost
$12 million over the 2008-2010 period, assuming appropriation
of the authorized amount.
S. 1578 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. The funds authorized in the bill would benefit
states participating in programs that assist with recovering
fish habitats. Any cost they may incur would result from
complying with conditions for receiving federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1578 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Fish Recovery Spending Under Current Law:
Estimated Authorization level 1........................... 2 4 0 0 0
Estimated Outlays......................................... 3 4 1 1 0
Proposed Changes:
Estimated Authorization Level............................. 0 0 5 5 5
Estimated Outlays......................................... 0 0 3 4 5
Fish Recovery Spending Under S. 1578:
Estiamted Authorization Level 1........................... 2 4 5 5 5
Estimated Outlays......................................... 3 4 4 5 5
----------------------------------------------------------------------------------------------------------------
1 The 2006 level is the amount appropriated for that year to carry out the fish recovery programs int the Upper
Colorado and San Juan River Basins. The 2007 level reflects the current balance of authorized funding the for
the Bureau of Reclamation to carry out these fish recovery programs. For this estimated, CBO assumes that the
remaining $4 million authorized to be appropriated for these programs will be provided in 2007.
Basis of estimate: For this estimate, CBO assumes that his
legislation will be enacted in 2006 and that the estimated
amounts necessary to implement the bill will be appropriated
for 2008 through 2010.
Under current law, $46 million is authorized to be
appropriated to the Bureau of Reclamation to implement the fish
recovery programs for the Upper Colorado and San Juan River
Basins. To date, the bureau has been appropriated $42 million
for these programs, and CBO assumes that the balance of funds
remaining from the current authorization (that is, $4 million)
will be appropriated in fiscal year 2007. Enacting this
legislation would increase the authorization of appropriation
from $46 million to $61 million. CBO assumes that the
additional $15 million authorized to be appropriated for the
fish recovery programs would be provided over the 2008-2010
period in equal increments. Assuming appropriation of the
authorized amount, CBO estimates that implementing this bill
would cost $12 million over the 2008-2010 period.
Intergovernmental and private-sector impact: S. 1578
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The funds authorized in the bill would
benefit states participating in programs that assist with
recovering fish habitats. Any cost they may incur would result
from complying with conditions for receiving federal
assistance.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, local, and tribal governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Fatimot Ladipo.
Estimated approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1578. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1578.
Executive Communications
The testimony provided by the Bureau at the Subcommittee
hearing on S. 1578 in the 109th Congress follows:
Statement of William E. Rinne, Deputy Commissioner of the Bureau of
Reclamation, Department of the Interior
Madam Chairman and members of the Committee. Thank you for
the opportunity to appear today on behalf of the Administration
in support of S. 1578, a bill to reauthorize the Upper Colorado
River and San Juan River Basin endangered fish recovery
implementation programs. The Administration commends Senator
Wayne Allard for introducing the bill and Senators Bennett,
Hatch, and Salazar for cosponsoring this measure.
The Upper Colorado River Endangered Fish Recovery Program
and the San Juan River Basin Recovery Implementation Programs
were established in 1988 and 1992, respectively. The goals of
the programs are to recover four endangered fish species in a
manner consistent with state and tribal laws, interstate
compacts, the Endangered Species Act, other federal laws, and
Indian trust responsibilities while water development proceeds.
Participants in these two programs include the States of
Colorado, New Mexico, Utah, and Wyoming; federal agencies,
including the Bureau of Reclamation, Fish and Wildlife Service,
Western Area Power Administration, National Park Service,
Bureau of Land Management, and Bureau of Indian Affairs;
American Indian tribes including the Navajo Nation, Jicarilla
Apache Nation, Southern Ute Tribe, and Ute Mountain Ute Tribe;
water users; power users; and environmental organizations.
Actions taken by the Programs to recover the Colorado
pikeminnow, humpback chub, razorback sucker, and bonytail meet
Endangered Species Act (ESA) requirements for operation of
federal multi-purpose projects, water projects benefiting the
tribes, and non-federal water projects. Activities and
accomplishments of these programs provide ESA compliance for
more than 800 federal and non-federal water projects depleting
approximately 2.5 million acre-feet per year in the Upper
Colorado River and San Juan River Basins.
Recovery Implementation Program actions include providing
water for endangered fish, managing nonnative fish species,
restoring habitat, stocking endangered fish, and researching
and monitoring fish populations and habitat. The Recovery
Implementation Programs' construction elements include
construction and operation of fish hatcheries and grow-out
ponds, fish screens in water diversion canals, fish passage
structures around migration barriers, and restoration and
maintenance of floodplain habitats.
Congress authorized federal expenditures for these programs
in Public Law 106-392, recognizing cost sharing provided by the
states, power users, and water users. A total of $100 million
for construction was authorized for the two programs.
Congressional appropriations are providing $46 million; Western
Area Power Administration is providing $17 million from power
sales revenue (this is considered a contribution by local power
users); the states of Colorado, Utah, Wyoming and New Mexico
are providing $17 million; plus an additional $20 million in
benefits foregone from power users and water users.
With indexing for inflation, the authorized Federal amount
for construction of projects in the Upper Colorado River Basin
is now $64.5 million. Current total estimated costs are $77
million, indicating an estimated shortfall in authorization of
approximately $12.5 million.
The estimated additional costs and time to complete Upper
Colorado River Basin construction elements result from:
increasing construction costs, energy costs,
and the world market demand for steel;
delayed construction due to property
acquisition issues; and
additional components and design features as
identified necessary from previous construction of fish
passages and screens.
This bill would amend Public Law 106-392 (as amended by
Public Law 107-375) by:
increasing the Federal authorized ceiling by
$15 million for capital construction for the Upper
Colorado River Recovery Program, for a total of $61
million;
recognizing an additional $11 million in non-
federal cost sharing from water users and power revenue
losses over the original $20 million from these
sources, bringing the non-Federal share to $65 million;
and
extending the construction authorization
period of both Recovery Implementation Programs from
2008 to September 30, 2010.
Enactment of this bill will allow these Recovery
Implementation Programs to complete construction projects
critical to the recovery of the four endangered fishes and
ensure continued successful water management for multiple uses.
S. 1578 provides a unique opportunity to sustain a partnership
combining federal and non-federal funding in an ongoing effort
to recover endangered species while fully recognizing and
meeting the water needs of local communities. We urge passage
of S. 1578.
This concludes my testimony. I am happy to answer any
questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1578, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in block
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
THE UPPER COLORADO AND SAN JUAN RIVER BASINS ENDANGERED FISH RECOVERY
PROGRAMS
Public Law 106-392, As amended
SECTION 1. * * *
* * * * * * *
SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.
(a) Authorization of Appropriations for Federal
Participation in Capital Projects.--
(1) There is hereby authorized to be appropriated to
the Secretary, [$46,000,000] $61,000,000 to undertake
capital projects to carry out the purposes of this Act.
Such funds shall be considered a nonreimbursable
Federal expenditure.
(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 [2008] 2010 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
[2008] 2010 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] $126,000,000 of which--
(1) costs shall not exceed [$82,000,000] $108,000,000
for the Recovery Implementation Program for Endangered
Fish Species in the Upper Colorado River Basin through
fiscal year [2008] 2010; and
(2) costs shall not exceed $18,000,000 for the San
Juan River Recovery Implementation Program through
fiscal year [2008] 2010.
* * * * * * *
(c) Non-Federal Contributions to Capital Projects.--
(1) * * *
* * * * * * *
(4) All contributions made pursuant to this
subsection shall be in addition to the cost of
replacement power purchased due to modifying the
operation of the Colorado River Storage Project and the
capital cost of water from Wolford Mountain Reservoir
and the Elkhead Reservoir enlargement in Colorado. Such
costs shall be considered as non-Federal contributions,
not to exceed [$20,000,000] $31,000,000.