I 
111TH CONGRESS 
2D SESSION 
H. R. 5964 
To better inform consumers regarding costs associated with compliance for 
protecting endangered and threatened species under the Endangered 
Species Act of 1973. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2010 
Mrs. MCMORRIS RODGERS introduced the following bill; which was referred 
to the Committee on Natural Resources 
A BILL 
To better inform consumers regarding costs associated with 
compliance for protecting endangered and threatened 
species under the Endangered Species Act of 1973. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Endangered Species 
Compliance and Transparency Act of 2010’’. 
SEC. 2. ENDANGERED SPECIES ACT COMPLIANCE ESTI-
MATION AND REPORTING. 
(a) CUSTOMER INFORMATION.—To better inform 
consumers regarding costs associated with compliance for 
VerDate Mar 15 2010 
22:23 Jul 31, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5964.IH
H5964
sroberts on DSKD5P82C1PROD with BILLS
protecting endangered and threatened species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
the Administrator of each of the Bonneville Power Admin-
istration, the Western Area Power Administration, the 
Southwestern Power Administration, and the South-
eastern Power Administration shall include in monthly bil-
lings sent to each of the firm’s power customers informa-
tion estimating and reporting the costs of the customer’s 
share of the direct and indirect costs incurred by the ad-
ministration related to compliance with the Endangered 
Species Act of 1973 and activities related to such Act. 
(b) DIRECT COSTS.—Direct costs reported under 
subsection (a) shall include Federal agency obligations re-
lated to costs of studies; capital, operation, maintenance, 
and replacement costs; and staffing costs. 
(c) INDIRECT COSTS.—Indirect costs reported under 
subsection (a) shall include foregone generation and re-
placement power costs, including the net costs of any 
transmission. 
(d) COORDINATION.—The Director of the Bureau of 
Reclamation and the head of any other affected Federal 
agency shall assist the Administrators with the identifica-
tion of the costs. 
VerDate Mar 15 2010 
22:23 Jul 31, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5964.IH
H5964
sroberts on DSKD5P82C1PROD with BILLS
SEC. 3. ENDANGERED SPECIES ACT OF 1973 COMPLIANCE 
REPORT. 
No later than January 30 of each year, each of the 
Administrators referred to in section 2(a), in coordination 
with the Bureau of Reclamation and other affected Fed-
eral agencies, shall provide an annual report to the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Environment and Public 
Works of the Senate estimating direct and indirect costs 
associated with compliance with the Endangered Species 
Act of 1973— 
(1) on a project-by-project basis, for the West-
ern Area Power Administration; and 
(2) on a systemwide basis, for each of the other 
power marketing administrations. 
Æ 
VerDate Mar 15 2010 
22:23 Jul 31, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H5964.IH
H5964
sroberts on DSKD5P82C1PROD with BILLS