of Reclamation. The agreement and any future loan con-
tracts that may be entered into by the Colorado Water
Conservation Board, the Western Area Power Administra-
tion, and the Bureau of Reclamation shall be negotiated
in consultation with Salt Lake City Area Integrated
Projects Firm Power Contractors. The agreement and
loan contracts shall include provisions designed to mini-
mize impacts on electrical power rates and shall ensure
that loan repayment to the Colorado Water Conservation
Board, including principal and interest, is completed no
later than September 30, 2057. The Western Area Power
Administration is authorized to include in power rates
such sums as are necessary to carry out this paragraph
and paragraph (2).
(4) All contributions made pursuant to this sub-
section shall be in addition to the cost of replacement
power purchased due to modifying the operation of the
Colorado River Storage Project and the capital cost of
water from Wolford Mountain Reservoir in Colorado. Such
costs shall be considered as non-Federal contributions, not
to exceed $20,000,000.
(d) BASE FUNDING.—(1) Beginning in the first fiscal
year commencing after the date of enactment of this Act,
the Secretary may utilize power revenues collected pursu-
ant to the Colorado River Storage Project Act for the an-
nual base funding contributions to the Recovery Imple-
mentation Programs by the Bureau of Reclamation. Such
funding shall be treated as nonreimbursable and as having
been repaid and returned to the general fund of the Treas-
ury as costs assigned to power for repayment under sec-
tion 5 of the Colorado River Storage Project Act.
(2) For the Recovery Implementation Program for
the Endangered Fish Species in the Upper Colorado River
Basin, the contributions to base funding referred to in
paragraph (1) shall not exceed $4,000,000 per year. For
the San Juan River Recovery Implementation Program,
such contributions shall not exceed $2,000,000 per year.
The Secretary shall adjust such amounts for inflation in
fiscal years commencing after the enactment of this Act.
The utilization of power revenues for annual base funding
shall cease after the fiscal year 2011, unless reauthorized
by Congress; except that power revenues may continue to
be utilized to fund the operation and maintenance of cap-
ital projects and monitoring. No later than the end of fis-
cal year 2008, the Secretary shall submit a report on the
utilization of power revenues to the appropriate Commit-
tees of the United States Senate and the House of Rep-
resentatives. The Secretary shall also make a rec-
ommendation in such report regarding the need for contin-
ued funding after fiscal year 2011 that may be required
to fulfill the goals of the Recovery Implementation Pro-
grams. The Western Area Power Administration and the
Bureau of Reclamation shall maintain sufficient revenues
in the Colorado River Basin Fund to meet their obligation
to provide base funding in accordance with this provision.
If the Western Area Power Administration and the Bu-
reau of Reclamation determine that the funds in the Colo-
rado River Basin Fund will not be sufficient to meet the
obligations of section 5(c)(1) of the Colorado River Stor-
age Project Act for a 3-year period, the Western Area
Power Administration and the Bureau of Reclamation
shall request appropriations to meet base funding obliga-
tions. Nothing in this Act shall otherwise modify or amend
existing agreements among participants regarding base
funding and depletion charges for the Recovery Implemen-
tation Programs.
(e) 
AUTHORITY
TO
RETAIN
APPROPRIATED
FUNDS.—At the end of each fiscal year any unexpended
appropriated funds for capital projects under this Act
shall be retained for use in future fiscal years. Unex-
pended funds under this Act that are carried over shall
continue to be used to implement the capital projects need-
ed for the Recovery Implementation Programs.
(f) ADDITIONAL AUTHORITY.—The Secretary may
enter into agreements and contracts with Federal and
non-Federal entities, acquire and transfer interests in
land, water, and facilities, and accept or give grants in
order to carry out the purposes of this Act.
(g) INDIAN TRUST ASSETS.—The Congress finds
that much of the potential water development in the San
Juan River Basin is for the benefit of Indian tribes and
most of the federally designated critical habitat for the
endangered fish species in the Basin is on Indian trust
lands. Nothing in this Act shall be construed to restrict
the Secretary, acting through the Bureau of Reclamation
and the Bureau of Indian Affairs, from funding activities
or capital projects in accordance with the Federal Govern-
ment’s Indian trust responsibility.
SEC. 4. EFFECT ON RECLAMATION LAW.
Construction of facilities and acquisition of land and
water interests under this Act shall not render these facili-
ties or land and water interests or associated processes
and procedures subject to the Reclamation Act of 1902
and Acts supplementary thereto and amendatory thereof.
Æ