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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3189 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3189

To amend Public Law 106-392 to require the Administrator of the Western 
   Area Power Administration and the Commissioner of Reclamation to 
 maintain sufficient revenues in the Upper Colorado River Basin Fund, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2008

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend Public Law 106-392 to require the Administrator of the Western 
   Area Power Administration and the Commissioner of Reclamation to 
 maintain sufficient revenues in the Upper Colorado River Basin Fund, 
                        and for other purposes.

    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 
Improvement Act of 2008''.

SEC. 2. ENDANGERED FISH RECOVERY PROGRAMS.

    (a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602) 
is amended--
            (1) in paragraph (5), by inserting ``, rehabilitation, and 
        repair'' after ``and replacement''; and
            (2) in paragraph (6), by inserting ``those for protection 
        of critical habitat through stabilization of adjacent stream 
        banks and adjacent impacted infrastructure, those for 
        preventing entrainment of fish in water diversions,'' after 
        ``instream flows,''.
    (b) Authorization To Fund Recovery Programs.--Section 3 of Public 
Law 106-392 (114 Stat. 1603; 120 Stat. 290) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``$61,000,000'' 
                and inserting ``$88,000,000'';
                    (B) in paragraph (2), by striking ``2010'' and 
                inserting ``2023''; and
                    (C) in paragraph (3), by striking ``2010'' and 
                inserting ``2023'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``$126,000,000'' and inserting 
                ``$209,000,000'';
                    (B) in paragraph (1)--
                            (i) by striking ``$108,000,000'' and 
                        inserting ``$179,000,000''; and
                            (ii) by striking ``2010'' and inserting 
                        ``2023''; and
                    (C) in paragraph (2)--
                            (i) by striking ``$18,000,000'' and 
                        inserting ``$30,000,000''; and
                            (ii) by striking ``2010'' and inserting 
                        ``2023'';
            (3) in subsection (c)(4), by striking ``$31,000,000'' and 
        inserting ``$87,000,000''; and
            (4) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) in the fourth sentence, by striking 
                        ``2011'' and inserting ``2023'';
                            (ii) in the fifth sentence, by striking 
                        ``2008'' and inserting ``2020''; and
                            (iii) in the sixth sentence, by striking 
                        ``2011'' and inserting ``2023'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Duty of western area power administration and bureau 
        of reclamation.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Administrator.--The term 
                        `Administrator' means the Administrator of the 
                        Western Area Power Administration.
                            ``(ii) Commissioner.--The term 
                        `Commissioner' means the Commissioner of 
                        Reclamation.
                            ``(iii) Upper colorado river basin fund.--
                        The term `Upper Colorado River Basin Fund' 
                        means the fund established under section 5(a) 
                        of the Act of April 11, 1956 (commonly known as 
                        the `Colorado River Storage Project Act') (43 
                        U.S.C. 620d(a)).
                    ``(B) Duty of administrator and commissioner.--The 
                Administrator and the Commissioner shall maintain 
                sufficient revenues in the Upper Colorado River Basin 
                Fund to meet the obligation of the Administrator and 
                Commissioner to provide base funding in accordance with 
                paragraph (2).
                    ``(C) Insufficient funds.--If the Administrator and 
                the Commissioner jointly determine that the amount of 
                funds in the Upper Colorado River Basin Fund may not be 
                sufficient to meet the obligations of section 5(c)(1) 
                of the Act of April 11, 1956 (commonly known as the 
                `Colorado River Storage Project Act') (43 U.S.C. 
                620d(c)(1)) and paragraph (2), base funding may be 
                provided through loans to the Administrator from the 
                Colorado Water Conservation Board Construction Fund 
                (Col. Rev. Stat. 37-60-121 (2008)) in lieu of funds 
                that would otherwise be collected from power revenues 
                and used for storage project repayments.
                    ``(D) Repayment.--
                            ``(i) Agreement.--Subject to an agreement 
                        entered into among the Colorado Water 
                        Conservation Board, the Administrator, and the 
                        Commissioner, the Administrator may repay any 
                        loan provided under subparagraph (C) from power 
                        revenues collected after September 30, 2019.
                            ``(ii) Negotiation of loans and future 
                        contracts.--The agreement described in clause 
                        (i), and any loan contract that may be entered 
                        into among the Colorado Water Conservation 
                        Board, the Administrator, and the Commissioner, 
                        shall be negotiated in consultation with Salt 
                        Lake City Area Integrated Projects Firm Power 
                        Contractors.
                            ``(iii) Required provisions.--The agreement 
                        described in clause (i) and each loan contract 
                        described in clause (ii) shall include 
                        provisions that are designed--
                                    ``(I) to minimize impacts on 
                                electrical power rates; and
                                    ``(II) to ensure that loan 
                                repayment to the Colorado Water 
                                Conservation Board (including principal 
                                and interest) is 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 Act of April 11, 1956 (commonly 
                                known as the `Colorado River Storage 
                                Project Act') (43 U.S.C. 620d).
                                    ``(III) Repayment deadline.--The 
                                repayment of a loan provided under 
                                subparagraph (C) shall be completed not 
                                later than September 30, 2057.''; and
                    (C) by adding at the end the following:
            ``(4) Failure to obtain loan.--
                    ``(A) Report.--If the Administrator of the Western 
                Area Power Administration is unable to obtain a loan 
                from the Colorado Water Conservation Board under 
                paragraph (3)(C), the Administrator and the 
                Commissioner of Reclamation shall submit to the 
                appropriate committees of Congress a report describing 
                the projected base funding shortfall with respect to 
                the Colorado River Basin Fund established under section 
                5(a) of the Act of April 11, 1956 (commonly known as 
                the `Colorado River Storage Project Act') (43 U.S.C. 
                620d(a)).
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary such 
                sums as are necessary to eliminate the base funding 
                shortfall described in subparagraph (A).''.
                                 <all>
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