89–010 

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 proVerDate Nov 24 2008 06:48 Mar 04, 2010 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR142.XXX SR142

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grams’ 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: 


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1Different 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—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. 

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. 


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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 


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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 


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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 ø2011¿ 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. 

* * * * * * * 

Æ 


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