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[Senate Report 115-374]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 660
115th Congress      }                        {                Report
                                 SENATE
 2d Session         }                        {                115-374

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

 
            ENDANGERED FISH RECOVERY PROGRAMS EXTENSION ACT

                                _______
                                

               November 26, 2018.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2166]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2166) to maintain annual base funding for 
the Upper Colorado and San Juan fish recovery programs through 
fiscal year 2023, to require a report on the implementation of 
those programs, and for other purposes, having considered the 
same, reports favorably thereon with an amendment in the nature 
of a substitute, and recommends that the bill, as amended, do 
pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Fish Recovery Programs 
Extension Act''.

SEC. 2. EXTENSION OF AUTHORIZATION FOR ANNUAL BASE FUNDING OF FISH 
                    RECOVERY PROGRAMS; REMOVAL OF CERTAIN REPORTING 
                    REQUIREMENT.

    Section 3(d) of Public Law 106-392 (114 Stat. 1604; 126 Stat. 2444) 
is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) Authorization of appropriations.--
                  ``(A) In general.--There is authorized to be 
                appropriated to the Secretary to be used by the Bureau 
                of Reclamation to make the annual base funding 
                contributions to the Recovery Implementation Programs 
                $10,000,000 for each of fiscal years 2020 through 2023.
                  ``(B) Nonreimursable funds.--The funds contributed to 
                the Recovery Implementation Programs under subparagraph 
                (A) shall be considered a nonreimbursable Federal 
                expenditure.''; and
          (2) in paragraph (2)--
                  (A) in the fourth sentence, by striking ``power 
                revenues'' each place it appears and inserting 
                ``Colorado River Storage Project power revenues''; and
                  (B) by striking the fifth, sixth, and seventh 
                sentences.

SEC. 3. REPORT ON RECOVERY IMPLEMENTATION PROGRAMS.

    Section 3 of Public Law 106-392 (114 Stat. 1603; 126 Stat. 2444) is 
amended by adding at the end the following:
    ``(j) Report.--
          ``(1) In general.--Not later than September 30, 2021, the 
        Secretary shall submit to the appropriate committees of 
        Congress a report that--
                  ``(A) describes the accomplishments of the Recovery 
                Implementation Programs;
                  ``(B) identifies--
                          ``(i) as of the date of the report, the 
                        listing status under the Endangered Species Act 
                        of 1973 (16 U.S.C. 1531 et seq.) of the 
                        Colorado pikeminnow, humpback chub, razorback 
                        sucker, and bonytail; and
                          ``(ii) as of September 30, 2023, the 
                        projected listing status under that Act of each 
                        of the species referred to in clause (i);
                  ``(C)(i) identifies--
                          ``(I) the total expenditures and the 
                        expenditures by categories of activities by the 
                        Recovery Implementation Programs during the 
                        period beginning on the date on which the 
                        applicable Recovery Implementation Program was 
                        established and ending on September 30, 2021; 
                        and
                          ``(II) projected expenditures by the Recovery 
                        Implementation Programs during the period 
                        beginning on October 1, 2021, and ending on 
                        September 30, 2023; and
                  ``(ii) for purposes of the expenditures identified 
                under clause (i), includes a description of--
                          ``(I) any expenditures of appropriated funds;
                          ``(II) any power revenues;
                          ``(III) any contributions by the States, 
                        power customers, Tribes, water users, and 
                        environmental organizations; and
                          ``(IV) any other sources of funds for the 
                        Recovery Implementation Programs; and
                  ``(D) describes--
                          ``(i) any activities to be carried out under 
                        the Recovery Implementation Program after 
                        September 30, 2023; and
                          ``(ii) the projected cost of the activities 
                        described under clause (i).
          ``(2) Consultation required.--The Secretary shall consult 
        with the participants in the Recovery Implementation Programs 
        in preparing the report under paragraph (1).''.

                                Purpose

    The purpose of S. 2166 is to maintain annual base funding 
for the Upper Colorado and San Juan fish recovery programs 
through fiscal year (FY) 2023, and to require a report on the 
implementation of those programs.

                          Background and Need

    The Upper Colorado and San Juan River basins contribute 
significant water and hydropower supplies to portions of 
Arizona, Colorado, New Mexico, Utah, and Wyoming. Due to the 
presence of four endangered fish (Colorado pikeminnow, 
razorback sucker, humpback chub, and bonytail) listed under the 
Endangered Species Act (ESA), concerns about potential water 
and hydropower curtailment led the Governors of Colorado, Utah, 
and Wyoming, the Secretary of the Interior (Secretary), and the 
Administrator of the Western Area Power Administration to 
create the Upper Colorado and San Juan River Basin Endangered 
Fish Recovery Implementation Programs (Programs) in 1988 and 
extend them in 1992.
    Congress authorized $6 million in base Federal funding for 
the Programs ($4 million for the Upper Colorado and $2 million 
for the San Juan) in 2000 (Public Law 106-392), and in 2013 
subsequently extended the authorization through FY 2019 (Public 
Law 112-270). Additional limitations and oversight on 
expenditures were imposed in the 2012 reauthorization. Capital 
funds have also been expended on hatchery facilities, fish 
passage and screening, water acquisition, and habitat 
restoration. Overall, the Federal and non-Federal expenditures 
on the Upper Colorado Program have totaled nearly $380 million 
(since 1989) and the San Juan Program has totaled almost $75 
million (since 1992).
    Recovery of the four endangered species in the basin is the 
overall goal of the Programs, and science-based, basin-wide 
recovery goals have been set and are periodically revised. The 
two Programs also help provide ESA compliance to allow the use 
of over 3.7 million acre-feet of water for nearly 2,500 
Federal, Tribal, and non-Federal water and power projects. The 
Programs are cooperatively managed with Federal, State, Tribal, 
water and power customer, and environmental organization 
participation, and no lawsuits have been filed on any of the 
associated water projects. Reauthorization is needed to 
continue base funding through FY 2023.

                          Legislative History

    Senator Gardner introduced S. 2166 on November 28, 2017. 
The Subcommittee on Water and Power held a hearing on S. 2166 
on February 28, 2018.
    Representative Curtis introduced companion legislation, 
H.R. 4465, in the House of Representatives on November 28, 
2017. The Natural Resources Committee's Subcommittee on Water, 
Power, and Oceans held a hearing on H.R. 4465 on December 6, 
2017, and favorably reported the bill on February 16, 2018. 
H.R. 4465 passed the House of Representatives on March 13, 
2018, by a vote of 392-6.
    The Senate Committee on Energy and Natural Resources met in 
an open business session on October 2, 2018, and ordered S. 
2166 favorably reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2166, if amended as described herein.

                          Committee Amendment

    During its consideration of S. 2166, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment makes base funding of the Programs subject to 
appropriations rather than extending the date authorizing 
direct use of Colorado River Storage Project power revenue. The 
substitute amendment also makes several conforming changes to 
Public Law 106-392 to ensure the legislation does not affect 
funding for the current fiscal year. The substitute amendment 
is further described in the section-by-section analysis.

                      Section-by-Section Analysis

Sec. 1. Short title

    Section 1 sets forth the short title.

Sec. 2. Extension of authorization for annual base funding of fish 
        recovery programs; removal of certain reporting requirement

    Section 2 amends section 3(d) of Public Law 106-392 to 
authorize $10 million in appropriations for FYs 2020 through 
2023. It also directs the appropriated funds to be treated as 
non-reimbursable. This section also clarifies that ``power 
revenues'' in the underlying statute are Colorado River Storage 
Project power revenues and strikes language requiring reporting 
requirements.

Sec. 3. Report on recovery implementation programs

    Section 3 requires the Secretary to submit a report to 
Congress by September 30, 2021, describing accomplishments and 
activities, identifying the listing status of the four focus 
species, and detailing various expenditure and cost 
information.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    Summary: S. 2166 would authorize the appropriation of $10 
million for each year over the 2020-2023 period for the Bureau 
of Reclamation (BOR) to participate in fish recovery programs 
in the Upper Colorado and San Juan River Basin. Fish recovery 
activities under those programs include research, fish 
population monitoring, removal of nonnative fish, and program 
management activities. Using information from BOR, CBO 
estimates that enacting S. 2166 would cost about $35 million 
over the 2019-2023 period, assuming the appropriation of 
specified amounts. In recent years, annual spending for fish 
recovery programs has totaled about $12 million.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 2166 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    S. 2166 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 2166 is shown in the following table. 
The costs of the legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2019     2020     2021     2022     2023   2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level.....................................        0       10       10       10       10        40
Estimated Outlays.......................................        0        6        9       10       10        35
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2166 will be enacted in 2019 and that the authorized amounts 
will be appropriated for each year. Estimated outlays are based 
on historical spending patterns for similar programs.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 2166 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    Mandates: S. 2166 contains no intergovernmental or private-
sector mandates as defined in the UMRA.
    Previous CBO estimate: On January 31, 2018, CBO transmitted 
a cost estimate for H.R. 4465, the Endangered Fish Recovery 
Programs Extension Act of 2017, as ordered reported by the 
House Committee on Natural Resources on December 13, 2017. H.R. 
4465 would increase direct spending for fish recovery programs, 
but those changes would be offset by reductions in other 
spending. Spending under S. 2166 would be subject to further 
appropriation. CBO's estimates reflect those differences.
    Estimate prepared by: Federal costs: Aurora Swanson; 
Mandates: Zachary Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
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. 2166. 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. 2166, as ordered reported.

                   Congressionally Directed Spending

    S. 2166, 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

    The testimony provided by the Department of the Interior at 
the February 28, 2018, hearing on S. 2166 follows:

Statement of Alan Mikkelsen, Senior Advisor to the Secretary for Water 
      and Western Resource Issues, U.S. Department of the Interior

    Chairman Flake, Ranking Member King, and Members of the 
Subcommittee, I am Alan Mikkelsen, Senior Advisor to the 
Secretary of Interior for Water and Western Resource Issues, 
and former Deputy Commissioner of the Bureau of Reclamation 
(Reclamation). Thank you for the opportunity to provide the 
views of the Department of the Interior (Department) on S. 
2166, the Endangered Fish Recovery Programs Extension Act of 
2017. The Department provided testimony the House-companion to 
this bill, H.R. 4465, and our testimony here reflects the same 
conclusions.
    As described below, the Department supports the efforts of 
both the Upper Colorado River Endangered Fish Recovery Program 
and San Juan River Basin Recovery Implementation Program 
(Programs) and as such does not object to HR 4465 or S. 2166.
    The Programs share the dual goals of recovering populations 
of endangered fish while water development continues to meet 
current and future human needs. The Programs' actions provide 
Endangered Species Act (ESA) compliance for more than 2,400 
federal, tribal, and non-federal water projects consuming 3.7 
million acre-feet of water to support municipal, industrial and 
agricultural water use and related economic development. The 
Programs, initially authorized by Public Law (PL) 106-392, were 
established under cooperative agreements in 1988 (Upper 
Colorado) and 1992 (San Juan). The Programs' 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.
    PL 106-392 expressly authorized the use of a maximum 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. Subsequent legislation extended this 
authority through 2019. 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.
    Section 2 as introduced would extend the authorization to 
utilize CRSP hydropower revenues at the current level (up to $6 
million per year adjusted for inflation, or approximately $8.48 
million in 2017 dollars) through 2023 to support the base 
funding needs of the Programs. Section 3 of HR 4465 would also 
require the Secretary to submit a report to Congress in 2021 
that includes a description of Program accomplishments, 
expenditures, and status of the four endangered fish species. 
The report will also project listing status of the fish at the 
end of fiscal year 2023, identify management activities beyond 
2023, and estimate costs of the post-2023 activities.
    The Programs are nationally recognized for their 
cooperative approach to recovering native fish species, 
avoiding litigation, and providing ESA compliance to federal 
and non-federal water users. The continued use of CRSP 
hydropower revenues is critical to ensuring these Programs 
accomplish their goals. Both Programs have developed strong 
grassroots support and the bill is unanimously supported by the 
Programs diverse non-federal partners.
    This concludes my written statement. I would be pleased to 
answer questions at the appropriate time.

                        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 original 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

                   (as amended by Public Law 112-270)

 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. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

           *       *       *       *       *       *       *

    (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 with 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.
    (2) In addition to the contribution described in paragraph 
(1), the Secretary of Energy, acting through the Western Area 
Power Administration, and the Secretary of the Interior, acting 
through the Bureau of Reclamation, may utilize power revenues 
collected pursuant to the Colorado River Storage Project Act to 
carry out the purposes of this subsection. Such funds shall be 
treated as reimbursable costs assigned to power for repayment 
under section 5 of the Colorado River Storage Project Act. This 
additional contribution shall not exceed $17,000,000. Such 
funds shall be considered a non-Federal contribution for the 
purposes of this Act. The funding authorized by this paragraph 
over any 2-fiscal-year period shall be made available in 
amounts equal to the contributions for the same 2-fiscal-year 
period made by the Upper Division States pursuant to paragraph 
(1).
    (3) The additional funding provided pursuant to paragraph 
(2) may be provided through loans from the Colorado Water 
Conservation Board Construction Fund (37-60-121 C.R.S.) to the 
Western Area Power Administration in lieu of funds which would 
otherwise be collected from power revenues and used for storage 
project repayments. The Western Area Power Administration is 
authorized to repay such loan or loans from power revenues 
collected beginning in fiscal year 2012, subject to an 
agreement between the Colorado Water Conservation Board, the 
Western Area Power Administration, and the Bureau of 
Reclamation. The agreement and any future loan contracts that 
may be entered into by the Colorado Water Conservation Board, 
the Western Area Power Administration, and the Bureau of 
Reclamation shall be negotiated in consultation with Salt Lake 
City Area Integrated Projects Firm Power Contractors. The 
agreement and loan contracts shall include provisions designed 
to minimize impacts on electrical power rates and shall ensure 
that loan repayment to the Colorado Water Conservation Board, 
including principal and interest, is completed no later than 
September 30, 2057. The Western Area Power Administration is 
authorized to include in power rates such sums as are necessary 
to carry out this paragraph and paragraph (2).
    (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 in Colorado. Such costs shall be considered as non-
Federal contributions, not to exceed $20,000,000.
    (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.] (1) Authorization of appropriations._
          (A) In general.--There is authorized to be 
        appropriated to the Secretary to be used by the Bureau 
        of Reclamation to make the annual base funding 
        contributions to the Recovery Implementation Programs 
        $10,000,000 for each of fiscal years 2020 through 2023.
          (B) Nonreimbursable funds.--The funds contributed to 
        the Recovery Implementation Programs under subparagraph 
        (A) shall be considered a nonreimbursable Federal 
        expenditure.
    (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] 
Colorado River Storage Project power revenues for annual base 
funding shall cease after the fiscal year 2019, unless 
reauthorized by Congress; except that [power revenues] Colorado 
River Storage Project 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 
2011, 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 
2019 that may be required to fulfill 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.
    (3) The Western Area Power Administration and the Bureau of 
Reclamation shall maintain sufficient revenues in the Colorado 
River Basin Fund to meet their obligation to provide base 
funding in accordance with paragraph (2). If the Western Area 
Power Administration and the Bureau of Reclamation determine 
that the funds in the Colorado River Basin Fund will not be 
sufficient to meet the obligations of section 5(c)(1) of the 
Colorado River Storage Project Act for a 3-year period, the 
Western Area Power Administration and the Bureau of Reclamation 
shall request appropriations to meet base funding obligations.
    (e) Authority To Retain Appropriated Funds.--At the end of 
each fiscal year any unexpended appropriated funds for capital 
projects under this Act shall be retained for use in future 
fiscal years. Unexpended funds under this Act that are carried 
over shall continue to be used to implement the capital 
projects needed for the Recovery Implementation Programs.
    (f) Additional Authority.--The Secretary may enter into 
agreements and contracts with Federal and non-Federal entities, 
acquire and transfer interests in land, water, and facilities, 
and accept or give grants in order to carry out the purposes of 
this Act.
    (g) Indian Trust Assets.--The Congress finds that much of 
the potential water development in the San Juan River Basin and 
in the Duchesne River Basin (a subbasin of the Green River in 
the Upper Colorado River Basin) is for the benefit of Indian 
tribes and most of the federally designated critical habitat 
for the endangered fish species in the San Juan River Basin is 
on Indian trust lands, and 2\1/2\ miles of critical habitat on 
the Duchesne River is on Indian Trust Land. Nothing in this Act 
shall be construed to restrict the Secretary, acting through 
the Bureau of Reclamation and the Bureau of Indian Affairs, 
from funding activities or capital projects in accordance with 
the Federal Government's Indian trust responsibility.
    (h) Termination of Authority.--All authorities provided by 
this section for the respective Recovery Implementation Program 
shall terminate upon expiration of the current time period for 
the respective Cooperative Agreement referenced in section 2(1) 
unless, at least 1 year prior to such expiration, the time 
period for the respective Cooperative Agreement is extended to 
conform with this Act.
    (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.
    (j) Report.--
          (1) In general.--Not later than September 30, 2021, 
        the Secretary shall submit to the appropriate 
        committees of Congress a report that--
                  (A) describes the accomplishments of the 
                Recovery Implementation Programs;
                  (B) identifies--
                          (i) as of the date of the report, the 
                        listing status under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et 
                        seq.) of the Colorado pikeminnow, 
                        humpback chub, razorback sucker, and 
                        bonytail; and
                          (ii) as of September 30, 2023, the 
                        projected listing status under that Act 
                        of each of the species referred to in 
                        clause (i);
                  (C)(i) identifies--
                          (I) the total expenditures and the 
                        expenditures by categories of 
                        activities by the Recovery 
                        Implementation Programs during the 
                        period beginning on the date on which 
                        the applicable Recovery Implementation 
                        Program was established and ending on 
                        September 30, 2021; and
                          (II) projected expenditures by the 
                        Recovery Implementation Programs during 
                        the period beginning on October 1, 
                        2021, and ending on September 30, 2023; 
                        and
                  (ii) for purposes of the expenditures 
                identified under clause (i), includes a 
                description of--
                          (I) any expenditures of appropriated 
                        funds;
                          (II) any power revenues;
                          (III) any contributions by the 
                        States, power customers, Tribes, water 
                        users, and environmental organizations; 
                        and
                          (IV) any other sources of funds for 
                        the Recovery Implementation Programs; 
                        and
                  (D) describes--
                          (i) any activities to be carried out 
                        under the Recovery Implementation 
                        Program after September 30, 2023; and
                          (ii) the projected cost of the 
                        activities described under clause (i).
          (2) Consultation required.--The Secretary shall 
        consult with the participants in the Recovery 
        Implementation Programs in preparing the report under 
        paragraph (1).

SEC. 4. EFFECT ON RECLAMATION LAW.

    Specifically with regard to the acreage limitation 
provisions of Federal reclamation law, any action taken 
pursuant to or in furtherance of this title will not--
          (1) be considered in determining whether a district 
        as defined in section 202(2) of the Reclamation Reform 
        Act of 1982 (43 U.S.C. 390bb) has discharged its 
        obligation to repay the construction cost of project 
        facilities used to make irrigation water available for 
        delivery to land in the district;
          (2) serve as the basis for reinstating acreage 
        limitation provisions in a district that has completed 
        payment of its construction obligations; or
          (3) serve as the basis for increasing the 
        construction repayment obligation of the district and 
        thereby extending the period during which the acreage 
        limitation provisions will apply.

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.

                                  [all]
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