II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Endangered Fish Re5 covery Programs Improvement Act of 2008’’. 


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1 SEC. 2. ENDANGERED FISH RECOVERY PROGRAMS. 

2 (a) DEFINITIONS.—Section 2 of Public Law 106–392 

3 (114 Stat. 1602) is amended— 

4 (1) in paragraph (5), by inserting ‘‘, rehabilita5 tion, and repair’’ after ‘‘and replacement’’; and 

6 (2) in paragraph (6), by inserting ‘‘those for 

7 protection of critical habitat through stabilization of 

8 adjacent stream banks and adjacent impacted infra9 structure, those for preventing entrainment of fish 

10 in water diversions,’’ after ‘‘instream flows,’’. 

11 (b) AUTHORIZATION TO FUND RECOVERY PRO12 GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 

13 1603; 120 Stat. 290) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1), by striking 

16 ‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 

17 (B) in paragraph (2), by striking ‘‘2010’’ 

18 and inserting ‘‘2023’’; and 

19 (C) in paragraph (3), by striking ‘‘2010’’ 

20 and inserting ‘‘2023’’; 

21 (2) in subsection (b)— 

22 (A) in the matter preceding paragraph (1), 

23 by striking ‘‘$126,000,000’’ and inserting 

24 ‘‘$209,000,000’’; 

25 (B) in paragraph (1)— 


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1 (i) by striking ‘‘$108,000,000’’ and 

2 inserting ‘‘$179,000,000’’; and 

3 (ii) by striking ‘‘2010’’ and inserting 

4 ‘‘2023’’; and 

5 (C) in paragraph (2)— 

6 (i) by striking ‘‘$18,000,000’’ and in7 serting ‘‘$30,000,000’’; and 

8 (ii) by striking ‘‘2010’’ and inserting 

9 ‘‘2023’’; 

10 (3) in subsection (c)(4), by striking 

11 ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’; and 

12 (4) in subsection (d)— 

13 (A) in paragraph (2)— 

14 (i) in the fourth sentence, by striking 

15 ‘‘2011’’ and inserting ‘‘2023’’; 

16 (ii) in the fifth sentence, by striking 

17 ‘‘2008’’ and inserting ‘‘2020’’; and 

18 (iii) in the sixth sentence, by striking 

19 ‘‘2011’’ and inserting ‘‘2023’’; 

20 (B) by striking paragraph (3) and insert21 ing the following: 

22 ‘‘(3) DUTY OF WESTERN AREA POWER ADMIN23 ISTRATION AND BUREAU OF RECLAMATION.— 

24 ‘‘(A) DEFINITIONS.—In this paragraph: 


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1 ‘‘(i) ADMINISTRATOR.—The term ‘Ad2 ministrator’ means the Administrator of 

3 the Western Area Power Administration. 

4 ‘‘(ii) COMMISSIONER.—The term 

5 ‘Commissioner’ means the Commissioner of 

6 Reclamation. 

7 ‘‘(iii) UPPER COLORADO RIVER BASIN

8 FUND.—The term ‘Upper Colorado River 

9 Basin Fund’ means the fund established 

10 under section 5(a) of the Act of April 11, 

11 1956 (commonly known as the ‘Colorado 

12 River Storage Project Act’) (43 U.S.C. 

13 620d(a)). 

14 ‘‘(B) DUTY OF ADMINISTRATOR AND COM15 MISSIONER.—The Administrator and the Com16 missioner shall maintain sufficient revenues in 

17 the Upper Colorado River Basin Fund to meet 

18 the obligation of the Administrator and Com19 missioner to provide base funding in accordance 

20 with paragraph (2). 

21 ‘‘(C) INSUFFICIENT FUNDS.—If the Ad22 ministrator and the Commissioner jointly deter23 mine that the amount of funds in the Upper 

24 Colorado River Basin Fund may not be suffi25 cient to meet the obligations of section 5(c)(1) 


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1 of the Act of April 11, 1956 (commonly known 

2 as the ‘Colorado River Storage Project Act’) 

3 (43 U.S.C. 620d(c)(1)) and paragraph (2), base 

4 funding may be provided through loans to the 

5 Administrator from the Colorado Water Con6 servation Board Construction Fund (Col. Rev. 

7 Stat. 37–60–121 (2008)) in lieu of funds that 

8 would otherwise be collected from power reve9 nues and used for storage project repayments. 

10 ‘‘(D) REPAYMENT.— 

11 ‘‘(i) AGREEMENT.—Subject to an 

12 agreement entered into among the Colo13 rado Water Conservation Board, the Ad14 ministrator, and the Commissioner, the 

15 Administrator may repay any loan pro16 vided under subparagraph (C) from power 

17 revenues collected after September 30, 

18 2019. 

19 ‘‘(ii) NEGOTIATION OF LOANS AND

20 FUTURE CONTRACTS.—The agreement de21 scribed in clause (i), and any loan contract 

22 that may be entered into among the Colo23 rado Water Conservation Board, the Ad24 ministrator, and the Commissioner, shall 

25 be negotiated in consultation with Salt 


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1 Lake City Area Integrated Projects Firm 

2 Power Contractors. 

3 ‘‘(iii) REQUIRED PROVISIONS.—The 

4 agreement described in clause (i) and each 

5 loan contract described in clause (ii) shall 

6 include provisions that are designed— 

7 ‘‘(I) to minimize impacts on elec8 trical power rates; and 

9 ‘‘(II) to ensure that loan repay10 ment to the Colorado Water Con11 servation Board (including principal 

12 and interest) is treated as non13 reimbursable and as having been re14 paid and returned to the general fund 

15 of the Treasury as costs assigned to 

16 power for repayment under section 5 

17 of the Act of April 11, 1956 (com18 monly known as the ‘Colorado River 

19 Storage Project Act’) (43 U.S.C. 

20 620d). 

21 ‘‘(III) REPAYMENT DEADLINE.— 

22 The repayment of a loan provided 

23 under subparagraph (C) shall be com24 pleted not later than September 30, 

25 2057.’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(4) FAILURE TO OBTAIN LOAN.— 

3 ‘‘(A) REPORT.—If the Administrator of 

4 the Western Area Power Administration is un5 able to obtain a loan from the Colorado Water 

6 Conservation Board under paragraph (3)(C), 

7 the Administrator and the Commissioner of 

8 Reclamation shall submit to the appropriate 

9 committees of Congress a report describing the 

10 projected base funding shortfall with respect to 

11 the Colorado River Basin Fund established 

12 under section 5(a) of the Act of April 11, 1956 

13 (commonly known as the ‘Colorado River Stor14 age Project Act’) (43 U.S.C. 620d(a)). 

15 ‘‘(B) AUTHORIZATION OF APPROPRIA16 TIONS.—There are authorized to be appro17 priated to the Secretary such sums as are nec18 essary to eliminate the base funding shortfall 

19 described in subparagraph (A).’’. 

Æ 


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