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

To reauthorize the Upper Colorado and San Juan River Basin endangered fish and threatened fish recovery implementation programs. 1. Short title This Act may be cited as the Upper Colorado and San Juan River Basin Endangered Fish Recovery Programs Reauthorization Act of 2023 2. Reauthorization of Upper Colorado and San Juan River Basin 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 Programs 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), at the end, insert the following: (4) Inflation Adjustment Each fiscal year, the total amount authorized to be appropriated under paragraph (1) shall be adjusted for inflation from the date of enactment of the Upper Colorado and San Juan River Basin Endangered Fish Recovery Programs Reauthorization Act of 2023 to the beginning of that fiscal year. (5) Nonreimbursable Funds Amounts made pursuant to paragraph (1) ; (B) in paragraph (2), by striking for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2024 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 (2)— (i) in the first sentence, by striking 2024 2031 (ii) in the second sentence— (I) by inserting Basin San Juan River (II) by striking 2024 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 (B) 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 and in consultation with the Secretary. (C) Treatment of power revenues Any power revenues provided under subparagraph (A) shall be treated as nonreimbursable Federal expenditures and as having been repaid and returned to the general fund of the Treasury. Funds provided by other Federal agencies shall be considered as nonreimbursable Federal expenditures. (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 (d) (as so redesignated)— (A) in the first sentence, by striking funds for or contributed funds for base funding or (B) in the second sentence, by inserting and base funded capital (6) in subsection (f) (as so redesignated), in the first sentence, by inserting or threatened endangered (7) 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 (8) 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 (9) in subsection (i)(1) (as so redesignated)— (A) by striking 2022 2031 (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

Summary: Upper Colorado and San Juan River Basin 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.