II 

Calendar No. 1005 

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, Mr. DOMENICI, and Mr. SALAZAR) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Endangered Fish Re3 covery Programs Improvement Act of 2008’’. 

4 SEC. 2. ENDANGERED FISH RECOVERY PROGRAMS. 

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

6 (114 Stat. 1602) is amended— 

7 (1) in paragraph (5), by inserting ‘‘, rehabilita8 tion, and repair’’ after ‘‘and replacement’’; and 

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

10 protection of critical habitat through stabilization of 

11 adjacent stream banks and adjacent impacted infra12 structure, those for preventing entrainment of fish 

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

14 (b) AUTHORIZATION TO FUND RECOVERY PRO15 GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 

16 1603; 120 Stat. 290) is amended— 

17 (1) in subsection (a)— 

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

19 ‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 

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

21 and inserting ‘‘2023’’; and 

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

23 and inserting ‘‘2023’’; 

24 (2) in subsection (b)— 


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

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

3 ‘‘$209,000,000’’; 

4 (B) in paragraph (1)— 

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

6 inserting ‘‘$179,000,000’’; and 

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

8 ‘‘2023’’; and 

9 (C) in paragraph (2)— 

10 (i) by striking ‘‘$18,000,000’’ and in11 serting ‘‘$30,000,000’’; and 

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

13 ‘‘2023’’; 

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

15 ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’; and 

16 (4) in subsection (d)— 

17 (A) in paragraph (2)— 

18 (i) in the fourth sentence, by striking 

19 ‘‘2011’’ and inserting ‘‘2023’’; 

20 (ii) in the fifth sentence, by striking 

21 ‘‘2008’’ and inserting ‘‘2020’’; and 

22 (iii) in the sixth sentence, by striking 

23 ‘‘2011’’ and inserting ‘‘2023’’; 

24 (B) by striking paragraph (3) and insert25 ing the following: 


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1 ‘‘(3) DUTY OF WESTERN AREA POWER ADMIN2 ISTRATION AND BUREAU OF RECLAMATION.— 

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

4 ‘‘(i) ADMINISTRATOR.—The term ‘Ad5 ministrator’ means the Administrator of 

6 the Western Area Power Administration. 

7 ‘‘(ii) COMMISSIONER.—The term 

8 ‘Commissioner’ means the Commissioner of 

9 Reclamation. 

10 ‘‘(iii) UPPER COLORADO RIVER BASIN

11 FUND.—The term ‘Upper Colorado River 

12 Basin Fund’ means the fund established 

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

14 1956 (commonly known as the ‘Colorado 

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

16 620d(a)). 

17 ‘‘(B) DUTY OF ADMINISTRATOR AND COM18 MISSIONER.—The Administrator and the Com19 missioner shall maintain sufficient revenues in 

20 the Upper Colorado River Basin Fund to meet 

21 the obligation of the Administrator and Com22 missioner to provide base funding in accordance 

23 with paragraph (2). 

24 ‘‘(C) INSUFFICIENT FUNDS.—If the Ad25 ministrator and the Commissioner jointly deterVerDate Aug 31 2005 04:21 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3189.RS S3189

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1 mine that the amount of funds in the Upper 

2 Colorado River Basin Fund may not be suffi3 cient to meet the obligations of section 5(c)(1) 

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

5 as the ‘Colorado River Storage Project Act’) 

6 (43 U.S.C. 620d(c)(1)) and paragraph (2), base 

7 funding may be provided through loans to the 

8 Administrator from the Colorado Water Con9 servation Board Construction Fund (Col. Rev. 

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

11 would otherwise be collected from power reve12 nues and used for storage project repayments. 

13 ‘‘(D) REPAYMENT.— 

14 ‘‘(i) AGREEMENT.—Subject to an 

15 agreement entered into among the Colo16 rado Water Conservation Board, the Ad17 ministrator, and the Commissioner, the 

18 Administrator may repay any loan pro19 vided under subparagraph (C) from power 

20 revenues collected after September 30, 

21 2019. 

22 ‘‘(ii) NEGOTIATION OF LOANS AND

23 FUTURE CONTRACTS.—The agreement de24 scribed in clause (i), and any loan contract 

25 that may be entered into among the ColoVerDate Aug 31 2005 04:21 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S3189.RS S3189

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1 rado Water Conservation Board, the Ad2 ministrator, and the Commissioner, shall 

3 be negotiated in consultation with Salt 

4 Lake City Area Integrated Projects Firm 

5 Power Contractors. 

6 ‘‘(iii) REQUIRED PROVISIONS.—The 

7 agreement described in clause (i) and each 

8 loan contract described in clause (ii) shall 

9 include provisions that are designed— 

10 ‘‘(I) to minimize impacts on elec11 trical power rates; and 

12 ‘‘(II) to ensure that loan repay13 ment to the Colorado Water Con14 servation Board (including principal 

15 and interest) is treated as non16 reimbursable and as having been re17 paid and returned to the general fund 

18 of the Treasury as costs assigned to 

19 power for repayment under section 5 

20 of the Act of April 11, 1956 (com21 monly known as the ‘Colorado River 

22 Storage Project Act’) (43 U.S.C. 

23 620d). 

24 ‘‘(III) REPAYMENT DEADLINE.— 

25 The repayment of a loan provided 


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1 under subparagraph (C) shall be com2 pleted not later than September 30, 

3 2057.’’; and 

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

5 ‘‘(4) FAILURE TO OBTAIN LOAN.— 

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

7 the Western Area Power Administration is un8 able to obtain a loan from the Colorado Water 

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

10 the Administrator and the Commissioner of 

11 Reclamation shall submit to the appropriate 

12 committees of Congress a report describing the 

13 projected base funding shortfall with respect to 

14 the Colorado River Basin Fund established 

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

16 (commonly known as the ‘Colorado River Stor17 age Project Act’) (43 U.S.C. 620d(a)). 

18 ‘‘(B) AUTHORIZATION OF APPROPRIA19 TIONS.—There are authorized to be appro20 priated to the Secretary such sums as are nec21 essary to eliminate the base funding shortfall 

22 described in subparagraph (A).’’. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Endangered Fish Recov25 ery 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, those for preventing en8 trainment of fish in water diversions,’’ after 

9 ‘‘instream flows,’’. 

10 (b) AUTHORIZATION TO FUND RECOVERY PRO11 GRAMS.—Section 3 of Public Law 106–392 (114 Stat. 1603; 

12 120 Stat. 290) is amended— 

13 (1) in subsection (a)— 

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

15 ‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; 

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

17 and inserting ‘‘2023’’; and 

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

19 and inserting ‘‘2023’’; 

20 (2) in subsection (b)— 

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

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

23 ‘‘$209,000,000’’; 

24 (B) in paragraph (1)— 

25 (i) by striking ‘‘$108,000,000’’ and in26 serting ‘‘$179,000,000’’; and 


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

2 ‘‘2023’’; and 

3 (C) in paragraph (2)— 

4 (i) by striking ‘‘$18,000,000’’ and in5 serting ‘‘$30,000,000’’; and 

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

7 ‘‘2023’’; and 

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

9 ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. 


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Calendar No. 1005 

110TH CONGRESS 

2D SESSION S. 3189 

A BILL 

To amend Public Law 106–392 to require the Adrado River Basin Fund, and for other purposes. maintain sufficient revenues in the Upper Colo- tration and the Commissioner of Reclamation to ministrator of the Western Area Power AdminisSEPTEMBER 16, 2008 

Reported with an amendment 


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