Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023

To reauthorize the Bureau of Reclamation to provide cost-shared funding to implement the endangered and threatened fish recovery programs for the Upper Colorado and San Juan River Basins. 1. Short title This Act may be cited as the Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 2. Reauthorization of Upper Colorado and San Juan River Basins endangered fish and threatened fish recovery implementation programs (a) Purpose Section 1 of Public Law 106–392 and threatened endangered (b) Definitions Section 2 of Public Law 106–392 (1) in paragraph (1), by striking to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and extended by the Extension of the Cooperative Agreement dated December 6, 2001, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended for the Recovery Implementation Program for Endangered Species in the Upper Colorado River Basin dated September 29, 1987, and the 1992 Cooperative Agreement for the San Juan River Basin Recovery Implementation Program dated October 21, 1992, as the agreements may be amended and extended (2) in paragraph (6)— (A) by inserting or threatened endangered (B) by striking removal or translocation control (3) in paragraph (7), by striking long-term (4) in paragraph (8), in the second sentence, by striking 1988 Cooperative Agreement and the 1992 Cooperative Agreement Recovery Implementation Programs (5) in paragraph (9)— (A) by striking leases and agreements acquisitions (B) by inserting or threatened endangered (C) by inserting , as approved under the Recovery Implementation Programs nonnative fishes (6) in paragraph (10), by inserting pursuant to the Recovery Implementation Program for Endangered Species in the Upper Colorado River Basin Service (c) Authorization To fund recovery programs Section 3 of Public Law 106–392 Public Law 117–328 (1) in subsection (a)— (A) in paragraph (1), by striking (1) There is hereby authorized to be appropriated to the Secretary, $88,000,000 to undertake capital projects to carry out the purposes of this Act. Such funds (1) Authorization (A) In general Subject to subparagraph (B), there is authorized to be appropriated to the Secretary for use by the Bureau of Reclamation to undertake capital projects to carry out the purposes of this Act $50,000,000 for the period of fiscal years 2024 through 2031. (B) Inflation adjustment Each fiscal year, the amount authorized to be appropriated under subparagraph (A) shall be adjusted for inflation from the date of enactment of the Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 (B) Annual adjustment For each of fiscal years 2025 through 2031, the amount authorized to be appropriated under subparagraph (A) shall be annually adjusted to reflect widely available engineering cost indices applicable to relevant construction activities. (C) Nonreimbursable funds Amounts made available pursuant to subparagraph (A) ; (B) in paragraph (2), by striking Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2024 Programs shall expire in fiscal year 2031 (C) by striking paragraph (3); (2) by striking subsections (b) and (c) and inserting the following: (b) Non-Federal Contributions to Capital Projects The Secretary, acting through the Bureau of Reclamation, may accept contributed funds, interests in land and water, or other contributions from the Upper Division States, political subdivisions of the Upper Division States, or individuals, entities, or organizations within the Upper Division States, pursuant to agreements that provide for the contributions to be used for capital projects costs. ; (3) by redesignating subsections (d) through (j) as subsections (c) through (i), respectively; (4) in subsection (c) (as so redesignated)— (A) in paragraph (1)(A), by striking $10,000,000 for each of fiscal years 2020 through 2024 $92,040,000 for the period of fiscal years 2024 through 2031 (B) in paragraph (2)— (i) in the first sentence, by striking $4,000,000 per year $61,100,000 for the period of fiscal years 2024 through 2031 (ii) in the second sentence— (I) by inserting Basin San Juan River (II) by striking $2,000,000 per year $30,940,000 for the period of fiscal years 2024 through 2031 (iii) in the third sentence, by striking in fiscal years commencing after the enactment of this Act for fiscal year 2024 and each fiscal year thereafter (C) by striking paragraph (3) and inserting the following: (3) Federal contributions to annual base funding (A) In general For each of fiscal years 2024 through 2031, the Secretary, acting through the Bureau of Reclamation, may accept funds from other Federal agencies, including power revenues collected pursuant to the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) ( 43 U.S.C. 620 et seq. (B) Availability of funds Funds made available under subparagraph (A) shall be available for expenditure by the Secretary, as determined by the contributing agency in consultation with the Secretary. (C) Treatment of funds Funds made available under subparagraph (A) shall be treated as nonreimbursable Federal expenditures. (D) Treatment of power revenues Any power revenues accepted under subparagraph (A) shall be treated as having been repaid and returned to the general fund of the Treasury. (4) Non-Federal contributions to annual base funding The Secretary, acting through the Bureau of Reclamation, may accept contributed funds from the Upper Division States, political subdivisions of the Upper Division States, or individuals, entities, or organizations within the Upper Division States, pursuant to agreements that provide for the contributions to be used for annual base funding. (5) Replacement power Contributions of funds made pursuant to this subsection shall not include the cost of replacement power purchased to offset modifications to the operation of the Colorado River Storage Project to benefit threatened or endangered fish species under the Recovery Implementation Programs. ; (5) in subsection (f) (as so redesignated), in the first sentence, by inserting or threatened endangered (6) in subsection (g) (as so redesignated), by striking unless the time period for the respective Cooperative Agreement is extended to conform with this Act , as amended or extended (7) in subsection (h) (as so redesignated), in the first sentence, by striking Upper Colorado River Endangered Fish Recovery Program or the San Juan River Basin Recovery Implementation Program Recovery Implementation Programs (8) in subsection (i)(1) (as so redesignated)— (A) by striking 2022 2030 (B) by striking 2024 2031 (C) in subparagraph (C)(ii)(III), by striking contributions by the States, power customers, Tribes, water users, and environmental organizations non-Federal contributions (d) Repeal of limitation on travel for advocacy purposes Section 5 of Public Law 106–392 April 9, 2024 Reported with amendments

Summary: Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 This bill reauthorizes through FY2031 and revises the U.S. Fish and Wildlife Service's Upper Colorado River and San Juan River Basin recovery implementation programs to restore populations of certain endangered and threatened fish. The goal of the Upper Colorado River Endangered Fish Recovery Program is to recover the humpback chub (Gila Cypha), bonytail (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), and razorback sucker (Xyrauchen texanus). The states of Colorado, Utah, and Wyoming are partners in the program. The goal of the San Juan River Basin Recovery Implementation Program is to recover the Colorado pikeminnow (Ptychocheilus lucius) and razorback sucker (Xyrauchen texanus). The states of Colorado and New Mexico are partners in the program. The bill expands the programs to include the recovery of threatened fish stock. Thus, the bill requires the Upper Colorado River program to continue efforts to restore populations of the humpback chub, which was reclassified from an endangered species to a threatened species in 2001.