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[Senate Report 111-142]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 292
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-142

======================================================================

 
    BUREAU OF RECLAMATION FISH RECOVERY PROGRAMS REAUTHORIZATION ACT

                                _______
                                

                 March 2, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1453]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1453) to amend Public Law 106-392 to 
maintain annual base funding for the Bureau of Reclamation for 
the Upper Colorado River and San Juan fish recovery programs 
through fiscal year 2023, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                Purpose

    The purpose of S. 1453 is to amend Public Law 106-392 to 
maintain annual base funding for the Bureau of Reclamation for 
the Upper Colorado River and San Juan River endangered fish 
recovery programs through fiscal year 2023.

                          Background and Need

    Public Law 106-392 authorizes the Bureau of Reclamation to 
provide cost sharing for base funding for operation of capital 
projects and annual operations for the endangered fish recovery 
programs in the Upper Colorado River and San Juan River basins. 
Section 9107 of Public Law 111-11 extended the Bureau of 
Reclamation's authorization to provide funding for capital 
projects for the recovery programs through 2023 and the 
amendments proposed by S. 1453 would ensure that the Bureau of 
Reclamation's authorization for base funding coincides with the 
previously enacted extensions. The amendment to Public Law 106-
392 proposed by S. 1453 will ensure the availability of base 
funding to support the programs' ongoing efforts to recover 
federally listed endangered fish species while allowing water 
development and management activities to proceed in the Upper 
Colorado River Basin States. Base funding is used for program 
management, scientific research, fish population monitoring, 
fish stocking, control of non-native fish, and operation and 
maintenance of capital projects. If not extended, annual base 
funding for the programs will not be available after 2011. The 
absence of base funding means that recovery of the species in 
question will likely be delayed. S. 1453 maintains the existing 
federal funding caps for base funding of $4 million per year 
for the Upper Colorado River Basin Program and $2 million per 
year for the San Juan River Recovery Implementation Program 
that were established in Public Law 106-392.
    The Upper Colorado River Basin and San Juan River recovery 
programs have substantial support from the Upper Basin states 
of New Mexico, Colorado, Wyoming, Utah, the Navajo Nation, the 
Jicarilla Apache Nation, the Southern Ute Tribe, and the Ute 
Mountain Tribe. Other water users, power customers, and 
environmental organizations are also active participants in the 
programs. The Fish and Wildlife Service, the Bureau of 
Reclamation, the National Park Service and Western Area Power 
Administration also participate in the programs and support the 
extension of base funding. All of the partners contribute 
significantly to the success of the programs. The programs have 
received national recognition for their progress toward 
recovery of native fish species while enabling federal and non-
federal water uses to continue.

                          Legislative History

    On July 14, 2009, Senator Bingaman, for himself and 
Senators Bennet, Bennett, Hatch, Udall of Colorado, and Udall 
of New Mexico introduced S. 1453. The Subcommittee on Water and 
Power held a hearing on S. 1453 on July 23, 2009. (S. Hrg. 111-
91.) At its business meeting on December 16, 2009, the 
Committee on Energy and Natural Resources ordered S. 1453 
favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by voice vote of a 
quorum present, recommends that the Senate pass S. 1453.

                      Section-by-Section Analysis

    Section 1 contains the short title for the bill, the 
``Bureau of Reclamation Fish Recovery Programs Reauthorization 
Act of 2009''.
    Section 2 amends Section 3(d)(2) of Public Law 106-392 by 
extending the authorization to provide base funding for the 
recovery programs from 2011 through 2023.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1453--Bureau of Reclamation Fish Recovery Programs Reauthorization 
        Act of 2009

    Summary: S. 1453 would extend the authority of the 
Secretary of the Interior to spend, without further 
appropriation, certain proceeds collected by the Western Area 
Power Administration (WAPA) for fish recovery programs in the 
Upper Colorado and San Juan River Basins. The bill would 
authorize the expenditure of about $3 million a year (plus an 
additional amount to account for inflation) for research, 
removal of nonnative fish, and program management. The 
Secretary's existing authority to spend certain receipts 
collected by WAPA for those activities expires at the end of 
fiscal year 2011. S. 1453 would extend that authority through 
2023.
    CBO estimates that enacting S. 1453 would increase direct 
spending by $12 million over the 2011-2015 period and $30 
million over the 2011-2020 period.\1\ Enacting the legislation 
would not affect revenues.
---------------------------------------------------------------------------
    \1\Different time periods apply to enforcement of pay-as-you-go 
rules. CBO estimates that enacting S. 1453 would increase direct 
spending by $9 million over the 2010-2014 period, and by $26 million 
over the 2010-2019 period.
---------------------------------------------------------------------------
    S. 1453 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.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1453 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--
                                           -------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2011-2015  2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Estimated Budget Authority................       0       0       3       3       3       3       3       3       4       4       4        12         30
Estimated Outlays.........................       0       0       3       3       3       3       3       3       4       4       4        12         30
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that this 
legislation will be enacted in 2010. Under current law, the 
Secretary of the Interior is authorized to spend proceeds from 
WAPA receipts without further appropriation to fund certain 
fish recovery programs through 2011. Those costs are 
nonreimbursable by WAPA's electricity customers and thus are 
not factored into the cost recovery rates it charges for 
electricity sales.
    S. 1453 would extend that authority over the 2012-2023 
period. Based on information from the Bureau of Reclamation and 
WAPA, CBO estimates that enacting the legislation would 
increase direct spending by $12 million over the 2011-2015 
period, $30 million over the 2011-2020 period, and by another 
$12 million through 2023.
    Intergovernmental and private-sector mandates: S. 1453 
contains no intergovernmental or private-sector mandates as 
defined in the UMRA and would impose no costs on state, local, 
or tribal governments.
    Estimate prepared by: Federal costs: Aurora Swanson; Impact 
on state, local, and tribal governments: Melissa Merrell; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, 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. 1453.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic 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. 1453, as ordered reported.

                   Congressionally Directed Spending

    S. 1453, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

 Statement of Michael L. Connor, Commissioner, Bureau of Reclamation, 
                       Department of the Interior

    Madam Chairwoman and Members of the Subcommittee, I am Mike 
Connor, Commissioner of the Bureau of Reclamation 
(Reclamation). I am pleased to be here today to provide the 
views of the Department of the Interior (Department) on S. 
1453, the ``Bureau of Reclamation Fish Recovery Programs 
Reauthorization Act.'' The Department supports S. 1453.
    The Upper Colorado River Endangered Fish Recovery Program 
and San Juan River Basin Recovery Implementation Program 
(Programs) share the dual goals of recovering populations of 
endangered fish while water development continues to meet 
current and future human needs. Program actions provide 
Endangered Species Act compliance for more than 1,600 federal, 
tribal, and non-federal water projects depleting more than 3 
million acre-feet of water per year in the Colorado and San 
Juan rivers and their tributaries. The Programs, authorized by 
Public Law 106392, as amended, were established under 
cooperative agreements in 1988 (Upper Colorado) and 1992 (San 
Juan). Program partners include the states of Colorado, New 
Mexico, Utah, and Wyoming; the Bureau of Reclamation, Western 
Area Power Administration, U.S. Fish and Wildlife Service, 
Bureau of Land Management, National Park Service, and Bureau of 
Indian Affairs; Native American tribes; environmental 
organizations; water users; and power customers.
    Public Law 106-392 authorized the use of $6 million per 
year (indexed for inflation) of Colorado River Storage Project 
(CRSP) hydropower revenues from Glen Canyon Dam and other CRSP 
facilities to support the base funding needs of the Programs 
through 2011. Base funding is used for program management, 
scientific research, fish population monitoring, fish stocking, 
control of non-native fish, and operation and maintenance of 
capital projects. The bill, as introduced, would simply extend 
the authorization to utilize CRSP hydropower revenues at the 
current level (up to $6 million per year adjusted for 
inflation, or approximately $7 million in 2009 dollars) through 
2023 to support the base funding needs of both Programs.
    These Programs have been nationally recognized for their 
cooperative approach to recovering aquatic native fish species, 
avoiding litigation, and providing Endangered Species Act 
compliance to federal and non-federal water users. 
Reauthorization for the continued use of CRSP hydropower 
revenues is critical to the ability of these Programs to 
realize their goals. There appears to be strong support for 
this legislation from the Program's non-federal stakeholders.
    That concludes my prepared remarks. I would be pleased to 
answer any questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that S. 1453 
amends Public Law 106-392.

   UPPER COLORADO AND SAN JUAN RIVER BASINS ENDANGERED FISH RECOVERY 
                                PROGRAMS

                          (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.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

           *       *       *       *       *       *       *

SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS

           *       *       *       *       *       *       *

    (d) Base Funding.--
          (1) Beginning in the first fiscal year commencing 
        after the date of the enactment of this Act, the 
        Secretary may utilize power revenues collected pursuant 
        to the Colorado River Storage Project Act for the 
        annual base funding contributions to the Recovery 
        Implementation Programs by the Bureau of Reclamation. 
        Such funding shall be 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 Colorado River Storage Project 
        Act.
          (2) For the Recovery Implementation Program for the 
        Endangered Fish Species in the Upper Colorado River 
        Basin, the contributions to base funding referred to in 
        paragraph (1) shall not exceed $4,000,000 per year. For 
        the San Juan River Recovery Implementation Program, 
        such contributions shall not exceed $2,000,000 per 
        year. The Secretary shall adjust such amounts for 
        inflation in fiscal years commencing after the 
        enactment of this Act. The utilization of power 
        revenues for annual base funding shall cease after the 
        fiscal year [2011] 2023, unless reauthorized by 
        Congress; except that power revenues may continue to be 
        utilized to fund the operation and maintenance of 
        capital projects and monitoring. No later than the end 
        of fiscal year 2008, the Secretary shall submit a 
        report on the utilization of power revenues for base 
        funding to the appropriate Committees of the United 
        States Senate and the House of Representatives. The 
        Secretary shall also make a recommendation in such 
        report regarding the need for continued base funding 
        after fiscal year 2011 that may be required to fulfill 
        the goals of the Recovery Implementation Programs. 
        Nothing in this Act shall otherwise modify or amend 
        existing agreements among participants regarding base 
        funding and depletion charges for the Recovery 
        Implementation Programs.

           *       *       *       *       *       *       *

                                  
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