II Calendar No. 639 118th CONGRESS 2d Session S. 5000 IN THE SENATE OF THE UNITED STATES September 10, 2024 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources November 21, 2024 Reported by Mr. Manchin , with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic A BILL To prohibit the use of amounts from the Upper Colorado River Basin Fund to implement a certain record of decision, and for other purposes.

1. Prohibition of use of amounts from the Upper Colorado River Basin Fund for certain purposes (a) Prohibition No amounts from the Upper Colorado River Basin Fund established by section 5(a) of the Act of April 11, 1956 (commonly known as the Colorado River Storage Project Act ) (70 Stat. 107, chapter 203; 43 U.S.C. 620d(a) ), shall be used to implement the record of decision entitled the Record of Decision for the Glen Canyon Dam Long-Term Experimental and Management Plan Final Environmental Impact Statement and dated December 2016, as supplemented by the record of decision entitled Supplement to the 2016 Glen Canyon Dam Long-Term Experimental and Management Plan Record of Decision and dated July 2024, to address the threat of nonnative fish in the Colorado River below Glen Canyon Dam. (b) Treatment of funds Any Federal funds made available for the purpose described in subsection (a) shall be nonreimbursable and nonreturnable to the United States.

1. Memorandum of understanding to address potential impacts of a certain record of decision on the Upper Colorado River Basin Fund (a) In general As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, acting through the Commissioner of Reclamation, and the Secretary of Energy, acting through the Administrator of the Western Area Power Administration, in consultation with the Glen Canyon Dam Adaptive Management Working Group, shall enter into a memorandum of understanding to explore and address the potential impact that the record of decision entitled the Supplement to the 2016 Glen Canyon Dam Long-Term Experimental and Management Plan Record of Decision and dated July 2024 (referred to in this section as the record of decision ) may have on the Upper Colorado River Basin Fund (referred to in this section as the Fund ). (b) Required plan The memorandum of understanding entered into under subsection (a) shall, using information derived from existing contracts, include the establishment of a plan— (1) to explore and address the effects that the record of decision may have on the contents of the Fund; (2) to analyze and address the longer-term impact that the record of decision may have on hydropower production at Glen Canyon Dam; and (3) to protect the Colorado River Basin and any species listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) in the Colorado River Basin from the effects of invasive species and sustained drought.

Amend the title so as to read: A bill to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund. .

November 21, 2024 Reported with an amendment and an amendment to the title