19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–672 

ENDANGERED FISH RECOVERY PROGRAMS EXTENSION 

ACT OF 2012 

SEPTEMBER 14, 2012.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 6060] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 6060) to amend Public Law 106–392 to maintain annual 

base funding for the Upper Colorado and San Juan fish recovery 

programs through fiscal year 2019, 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. 6060 is to amend Public Law 106–392 to 

maintain annual base funding for the Upper Colorado and San 

Juan fish recovery programs through fiscal year 2019. 

BACKGROUND AND NEED FOR LEGISLATION

The Upper Colorado and San Juan River basins, located in Wyoming, Utah, Colorado, Arizona and New Mexico, are key sources of 

water and hydropower generation in the western United States. 

The basins are also home to four species of fish—the Colorado 

pikeminnow, the razorback sucker, the humpback chub and the 

bonytail—that are listed under the Endangered Species Act (ESA). 

The Upper Colorado and San Juan River Recovery Implementation 

Programs, as authorized by Public Law 106–392, are two cooperative programs that help provide ESA compliance for more than 

2,000 federal, tribal, and non-federal water and power projects 

while working to recover the four fish species. Participants include 

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federal agencies, states, tribes, water and power customers and environmental organizations. 

H.R. 6060 reauthorizes one portion of P.L. 106–392 through Fiscal Year 2019, specifically the use of counting debt repayments 

from Colorado River Storage Project hydropower users to support 

funding for fish monitoring, research and program management. 

The bill also makes reforms that will reduce overhead and increase 

transparency. For example, it limits overhead to three percent and 

prohibits federal employees from traveling from outside their duty 

stations for the purpose of advocating or lobbying for the programs. 

These overhead reducing provisions will dedicate more funding to 

on-the-ground efforts aimed at recovering and delisting the fish. 

H.R. 6060 also strengthens reporting requirements by stipulating 

that the appropriate federal agencies report to Congress on the status of the ESA-listed fish, projected dates for downlisting and 

delisting, and how power revenues are being utilized for base funding. These reforms will improve operations and continue to help 

provide ESA compliance for thousands of water and power projects. 

COMMITTEE ACTION

H.R. 6060 was introduced on June 29, 2012, by Congressman 

Rob Bishop (R–UT). The bill was referred to the House Committee 

on Natural Resources, and within the Committee to the Subcommittee on Water and Power. On July 10, 2012, the Subcommittee on Water and Power held a hearing on the bill. On August 1, 2012, the Full Resources Committee met to consider the 

bill. The Subcommittee on Water and Power was discharged by 

unanimous consent. No amendments were offered, and the bill was 

adopted and ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides that the bill may be cited as the ‘‘Endangered Fish Recovery Programs Extension Act of 2012.’’ 

Section 2. Extensions of authority under Public Law 106–392; report 

This section amends Public Law 106–392 to allow for the continued use of hydropower revenues through Fiscal Year 2019 to fund 

the programs. Section 2 also requires a report to Congress on the 

programs by Fiscal Year 2018. This section also stipulates that the 

report specifically describe the programs actions, the status of the 

endangered species of fish, projected dates for downlisting and 

delisting, and how power revenues have been used towards meeting fish recovery goals. 

Section 3. Indirect cost recovery rate for recovery programs 

This section limits the overhead that can be charged on funding 

transfers to three percent (compared to one current rate of 22 percent). 

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Section 4. Limitation on travel for advocacy purposes 

This section prevents federal employees from traveling away 

from their duty stations for the purposes of advocating or lobbying 

for the programs. 

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 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) 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. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 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 received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 6060—Endangered Fish Recovery Programs Extension Act of 

2012 

H.R. 6060 would extend the authority of the Secretary of the Interior to spend, without further appropriation, certain proceeds collected from the sale of hydroelectric power by the Western Area 

Power Administration (WAPA) for fish recovery programs in the 

Upper Colorado and San Juan River Basins. CBO estimates that 

enacting H.R. 6060 would not affect the federal budget. Because 

the bill would not affect direct spending or revenues, pay-as-yougo procedures do not apply to the bill. 

The explicit authority to spend WAPA proceeds from 

hydroelectricity sales for certain fish recovery programs expired at 

the end of fiscal year 2011. Since 2011, the bureau has continued 

to fund those programs at a cost of about $3 million annually using 

its general authority to spend proceeds from WAPA’s electricity 

sales. Those fish recovery activities include research, removal of 

nonnative fish, and program-management activities. 

H.R. 6060 contains no intergovernmental or private-sector mandates as defined in Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Aurora Swanson. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of 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 

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tax expenditures. CBO estimates that enacting H.R. 6060 would 

not affect the federal budget. Because the bill would not affect direct spending or revenues, pay-as-you-go procedures do not apply 

to the bill. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend Public Law 106–392 to maintain annual 

base funding for the Upper Colorado and San Juan fish recovery 

programs through fiscal year 2019. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

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): 

PUBLIC LAW 106–392 

* * * * * * * 

SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS. 

(a) * * * 

* * * * * * * 

(d) BASE FUNDING.—(1) * * * 

(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 ø2011¿ 2019, 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 ø2008¿ 2018, 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 ø2011¿ 2019 that may be required to fulmstockstill on DSK4VPTVN1PROD with HEARINGS

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fill the goals of the Recovery Implementation Programs. Such report shall also describe the Recovery Implementation Programs actions and accomplishments to date, the status of the endangered 

species of fish and projected dates for downlisting and delisting 

under the Endangered Species Act of 1973, and the utilization of 

power revenues for annual base funding. Nothing in this Act shall 

otherwise modify or amend existing agreements among participants regarding base funding and depletion charges for the Recovery Implementation Programs. 

* * * * * * * 

(i) LIMITATION ON INDIRECT COST RECOVERY RATE.—The indirect 

cost recovery rate for any transfer of funds to the U.S. Fish and 

Wildlife Service from another Federal agency for the purpose of 

funding any activity associated with the Upper Colorado River Endangered Fish Recovery Program or the San Juan River Basin Recovery Implementation Program shall not exceed three percent of the 

funds transferred. In the case of a transfer of funds for the purpose 

of funding activities under both programs, the limitation shall be 

applied to the funding amount for each program and may not be 

allocated unequally to either program, even if the average aggregate 

indirect cost recovery rate would not exceed three percent. 

* * * * * * * 

SEC. 5. LIMITATION ON TRAVEL FOR ADVOCACY PURPOSES. 

No Federal funds may be used to cover any expenses incurred by 

an employee or detailee of the Department of the Interior to travel 

to any location (other than the field office to which that individual 

is otherwise assigned) to advocate, lobby, or attend meetings that 

advocate or lobby for the Recovery Implementation Programs. 

Æ 

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