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[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6074-H6075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

        ENDANGERED FISH RECOVERY PROGRAMS EXTENSION ACT OF 2012

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6060

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Endangered Fish Recovery 
     Programs Extension Act of 2012''.

     SEC. 2. EXTENSIONS OF AUTHORITY UNDER PUBLIC LAW 106-392; 
                   REPORT.

       Section 3(d)(2) of Public Law 106-392 is amended--
       (1) by striking ``2011'' each place it appears and 
     inserting ``2019'';
       (2) by striking ``2008'' and inserting ``2018''; and
       (3) by inserting before ``Nothing in this Act'' the 
     following: ``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.''.

     SEC. 3. INDIRECT COST RECOVERY RATE FOR RECOVERY PROGRAMS.

       Section 3 of Public Law 106-392 is amended by adding at the 
     end the following new subsection:
       ``(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. 4. LIMITATION ON TRAVEL FOR ADVOCACY PURPOSES.

       At the end of Public Law 106-392, add the following new 
     section:

     ``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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from Arizona (Mr. Grijalva) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.

                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  This is a good bill. It's got a great sponsor. Everyone should vote 
for it.
  I reserve the balance of my time.
  Mr. GRIJALVA. I yield myself such time as I may consume.
  H.R. 6060 authorizes the use of power revenues to fund two recovery 
programs in the Upper Colorado and San Juan Rivers. Since 2011, 
Reclamation has continued to fund these programs at a cost of about $3 
million annually, using its existing authority.
  We support the intent of H.R. 6060 to recover listed species while 
allowing water and power operations to continue. We share the 
administration's commitment to this program. We also welcome the 
majority's recognition that compliance with the Endangered Species Act 
does not mean that water and power projects in the West go dry or go 
dark. This program provides ESA compliance for 2,320 water projects. 
These projects deliver more than 3.7 million acre-feet of water per 
year to Wyoming, Utah, Colorado, Arizona, and New Mexico.
  We are concerned, however, that the Republican rules only allow for 
the reauthorization of this program to 2019 versus the original goal of 
2023. While we agree this legislation should move, it should be clear 
that, at least on our side of the aisle, our commitment to this program 
through 2023 has not changed.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. I am pleased to yield 2 minutes to my colleague 
who shares a border with me in our districts, the gentleman from 
Colorado (Mr. Tipton).
  Mr. TIPTON. I thank Chairman Bishop for yielding. Chairman Bishop, I 
would also like to thank you for your leadership in leading the efforts 
on this important piece of legislation.
  The Upper Colorado and San Juan River Basins provide key water and

[[Page H6075]]

power resources in the Third Congressional District of Colorado and 
other districts in Colorado, Wyoming, Utah, Arizona, and New Mexico. 
These rivers are also home to four native fish species at risk of a 
``jeopardy'' finding under the Endangered Species Act. Such a finding 
would impose on western constituents dramatic losses in water 
availability and hydropower reduction, resulting in lost jobs and 
increased power rates at a time when we can least afford it.
  The Endangered Fish Recovery Act of 2012 extending the authorization 
for the Upper Colorado and San Juan Fish Recovery Implementation 
programs will continue necessary efforts to recover four endangered 
fish species and provide compliance for Federal, tribal, and non-
Federal water projects. These programs are supported by a broad swath 
of stakeholders, from local towns and counties to environmental groups 
and private industry, and are excellent examples of local solutions in 
lieu of onerous Federal management and overregulation.
  I'm also pleased to see the cost reforms in this extended 
authorization. H.R. 6060 limits overhead to 3 percent and prohibits 
Federal employees from traveling to Washington, D.C., to lobby for 
their programs--activities well beyond the bounds of their purview. 
These cost savings and their measures will allow for greater allocation 
of resources to species recovery.
  I'm optimistic that these programs can reach their goals in the 
coming year, recover the species in jeopardy, and safeguard the 
economic well-being of our communities, jobs, and everything connected 
with these efforts.
  Mr. GRIJALVA. I yield back the balance of my time.
  Mr. BISHOP of Utah. I think some of my staff thought I should be a 
little bit more expansive in my remarks. So this is a really good bill 
with a really good sponsor.
  Actually, this is one of those things where the nice part is, for 
this mitigation plan that will allow these projects to go forward, 
taxpayers are paying no money. It's paid by the utility ratepayers of 
this particular area. If this is not reauthorized, it may put that part 
in jeopardy. And we did put some guidelines in there to protect so that 
the overhead that can be charged to the utility ratepayers has a 
potential limit on it.
  It's a good bill. With that, I urge its adoption, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Bishop) that the House suspend the rules and 
pass the bill, H.R. 6060.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________
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