99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–672

ENDANGERED FISH RECOVERY PROJECTS FOR UPPER 

COLORADO AND SAN JUAN RIVER BASINS

SEPTEMBER 24, 2002.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

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, razorVerDate Sep 04 2002 00:27 Sep 26, 2002 Jkt 099006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR672.XXX HR672
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back 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. 

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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 

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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 PARTICIPA- TION 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 ø2005¿ 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 ø2007¿ 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 ø2005¿ 2008; and 

(2) costs shall not exceed $18,000,000 for the San Juan River 

Recovery Implementation Program through fiscal year ø2007¿

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 øwith¿ 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. 

* * * * * * *

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