I
105TH CONGRESS
2D SESSION
H. R. 3669
To authorize the Secretary of the Interior to provide funding for the imple-
mentation of the endangered fish recovery implementation programs for
the Upper Colorado and San Juan River Basins.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. MCINNIS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To authorize the Secretary of the Interior to provide funding
for the implementation of the endangered fish recovery
implementation programs for the Upper Colorado and
San Juan River Basins.
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 ‘‘Upper Colorado River
and San Juan River Endangered Fish Recovery Act of
1998’’.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize and provide
funding for the Secretary, acting through the Bureau of
Reclamation and the Bureau of Indian Affairs, to continue
implementation of the endangered fish recovery implemen-
tation programs for the Upper Colorado and San Juan
River Basins in order to accomplish the objectives of these
programs within a currently established time schedule.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Recovery Implementation Pro-
grams’’ means the intergovernmental programs es-
tablished pursuant to the 1988 Cooperative Agree-
ment to implement the Recovery Implementation
Program for the Endangered Fish Species in the
Upper Colorado River dated September 29, 1987,
and the 1992 Cooperative Agreement to implement
the San Juan River Recovery Implementation Pro-
gram dated October 21, 1992, and as they may be
amended by the parties thereto.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘Upper Division States’’ means
the States of Colorado, New Mexico, Utah, and Wy-
oming.
(4) The term ‘‘Endangered Species Act’’ means
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) and any Federal regulation implement-
ing the Endangered Species Act.
(5) The term ‘‘Reclamation’’ means the Bureau
of Reclamation.
(6) The term ‘‘Service’’ means the United
States Fish and Wildlife Service.
(7) The term ‘‘Indian Affairs’’ means the Bu-
reau of Indian Affairs.
(8) The term ‘‘capital projects’’ means plan-
ning, design, permitting or other compliance, con-
struction, construction management, and replace-
ment of facilities, and the acquisition of interests in
land or water, as necessary to carry out the Recov-
ery Implementation Programs.
(9) The term ‘‘facilities’’ includes facilities for
the genetic conservation or propagation of the en-
dangered fishes, those for the restoration of flood-
plain habitat or fish passage, those for regulation or
supply of instream flows, and those for the removal
or translocation of nonnative fishes.
(10) The term ‘‘interests in land and water’’ in-
cludes long-term leases and easements, and long-
term enforcement or other agreements protecting
instream flows.
(11) The term ‘‘base funding’’ means funding
for operation and maintenance of capital projects,
implementation of recovery actions other than cap-
ital projects, monitoring and research to evaluate the
need for or effectiveness of any recovery action, and
program management, as necessary to carry out the
Recovery Implementation Programs. The term in-
cludes annual funding provided under the terms of
the 1988 Cooperative Agreement and the 1992 Co-
operative Agreement.
(12) The term ‘‘recovery actions other than
capital projects’’ includes short-term leases and
agreements for interests in land, water, and facili-
ties; the reintroduction or augmentation of endan-
gered fish stocks; and the removal, translocation, or
other control of nonnative fishes.
SEC. 4. AUTHORIZATION TO FUND RECOVERY PROGRAMS.
(a) COST OF CAPITAL PROJECTS.—(1) The costs of
the capital projects undertaken for the Recovery Imple-
mentation Programs shall not exceed $100,000,000 of
which—
(A) costs for the Recovery Implementation Pro-
gram for Endangered Fish Species in the Upper
Colorado River Basin through 2005 shall not exceed
$82,000,000; and
(B) costs for the San Juan River Recovery Im-
plementation Program through 2007 shall not ex-
ceed $18,000,000.
(2) These costs will be adjusted for inflation.
(b) AUTHORIZATION OF APPROPRIATIONS FOR FED-
ERAL PARTICIPATION IN CAPITAL PROJECTS.—(1) There
is hereby authorized to be appropriated to the Secretary,
acting through Reclamation, $46,000,000 to undertake
capital projects pursuant to this Act. Such funds shall be
considered a nonreimbursable Federal expenditure.
(2) The authority of the Secretary to request appro-
priations to implement capital projects for the Recovery
Implementation Program for Endangered Fish Species in
the Upper Colorado River Basin shall expire in 2005 un-
less reauthorized by an Act of Congress.
(3) The authority of the Secretary to request appro-
priations to implement the capital projects for the San
Juan River Basin Recovery Implementation Program shall
expire in 2007 unless reauthorized by an Act of Congress.
(c) NON-FEDERAL
CONTRIBUTIONS
TO
CAPITAL
PROJECTS.—(1) The Secretary, acting through Reclama-
tion, may enter into agreements with the Upper Division
States, political subdivisions, or organizations within the
Upper Division States which contribute to the payment
of capital project costs. Such non-Federal contributions
shall not exceed $17,000,000.
(2) In addition to the contribution described in para-
graph (1), the Secretary may utilize power revenues col-
lected pursuant to the Colorado River Storage Project Act
to carry out the purposes of this Act. Such funds shall
be treated as reimbursable costs assigned to power for re-
payment under section 5 of the Colorado River Storage
Project Act. This additional contribution shall not exceed
$17,000,000. Such funds shall be considered a non-Fed-
eral contribution for the purposes of this Act. The addi-
tional funding provided pursuant to this provision may be
provided through a loan or loans from the Colorado Water
Conservation Board Construction Fund (37–60–121
C.R.S.) to the Secretary of Energy to replace revenues
which would otherwise be used for project repayments.
The Secretary is authorized to repay such loan or loans
from power revenues, subject to an agreement between the
Colorado Water Conservation Board and the Secretary of
Energy. The agreement shall include provisions designed
to minimize future increases in electrical power rates and
ensure that a lump sum repayment, which includes prin-
cipal and interest, is paid to the Colorado Water Conserva-
tion Board no later than October 31, 2057.
(3) All contributions made pursuant to paragraphs
(1) and (2) 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) The Secretary may utilize
power revenues collected pursuant to the Colorado River
Storage Project Act for the annual base funding contribu-
tions to the Recovery Implementation Programs by Rec-
lamation. Such funding will be treated as being non-
reimbursable and as having been repaid and returned to
the general fund of the Department of the Treasury as
costs assigned to power for repayment under section 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, such contributions shall not exceed $4,000,000 per
year.
(3) For the San Juan River Recovery Implementation
Program, such contributions shall not exceed $2,000,000
per year.
(4) These limits on the annual contributions to base
funding will be adjusted for inflation. Any transfer of
funds within these limits to the Service shall not be subject
to transfer fees. No later than December 31, 2010, the
Secretary shall submit a report on the utilization of power
revenues to the Subcommittees on Energy and Water De-
velopment for the Senate and the Committee on Appro-
priations of the House of Representatives. The Secretary
shall also make a recommendation regarding the need for
additional funding that may be required to fulfill the goals
of the Recovery Implementation Programs. Nothing in
this Act shall otherwise modify or amend existing agree-
ments among participants regarding base funding and de-
pletion fees for the Recovery Implementation Programs.
The Secretary of Energy and Reclamation shall maintain
sufficient revenues in the Colorado River Basin Fund to
meet their obligations to provide base funding in accord-
ance with this provision.
(e) 
AUTHORITY
TO
RETAIN
APPROPRIATED
FUNDS.—At the end of each fiscal year, any unexpended
appropriated funds for capital projects shall be retained
for use in future fiscal years. Unexpended funds which are
carried over shall continue to be used to implement the
capital projects needed 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.—As much of the poten-
tial 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
Reclamation and Indian Affairs, from funding activities
or capital projects in accordance with the Federal Govern-
ment’s Indian trust responsibility.
SEC. 5. EFFECT ON RECLAMATION LAW.
Construction of facilities and acquisition of land and
water interests as contemplated herein shall not render
these facilities or land and water interests or associated
processes and procedures subject to the Reclamation Act
of 1902, as amended.
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