II Calendar No. 358 118th CONGRESS 2d Session S. 2247 [Report No. 118–167] IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Hickenlooper (for himself, Mr. Romney , Mr. Luján , Mr. Heinrich , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources April 9, 2024 Reported by Mr. Manchin , with amendments Omit the part struck through and insert the part printed in italic A BILL To reauthorize the Bureau of Reclamation to provide cost-shared funding to implement the endangered and threatened fish recovery programs for the Upper Colorado and San Juan River Basins.

1. Short title This Act may be cited as the Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 . 2. Reauthorization of Upper Colorado and San Juan River Basins endangered fish and threatened fish recovery implementation programs (a) Purpose Section 1 of Public Law 106–392 (114 Stat. 1602) is amended by inserting and threatened after endangered . (b) Definitions Section 2 of Public Law 106–392 (114 Stat. 1602; 116 Stat. 3113) is amended— (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 and inserting 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 after endangered ; and (B) by striking removal or translocation and inserting control ; (3) in paragraph (7), by striking long-term each place it appears; (4) in paragraph (8), in the second sentence, by striking 1988 Cooperative Agreement and the 1992 Cooperative Agreement and inserting Recovery Implementation Programs ; (5) in paragraph (9)— (A) by striking leases and agreements and inserting acquisitions ; (B) by inserting or threatened after endangered ; and (C) by inserting , as approved under the Recovery Implementation Programs after nonnative fishes ; and (6) in paragraph (10), by inserting pursuant to the Recovery Implementation Program for Endangered Species in the Upper Colorado River Basin after Service . (c) Authorization To fund recovery programs Section 3 of Public Law 106–392 (114 Stat. 1603; 116 Stat. 3113; 120 Stat. 290; 123 Stat 1310; 126 Stat. 2444; 133 Stat. 809) (as amended by section 101 of division CC of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 )) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking (1) There is hereby authorized to be appropriated to the Secretary, $88,000,000 to undertake capital projects to carry out the purposes of this Act. Such funds and inserting the following: (1) Authorization (A) In general Subject to subparagraph (B), there is authorized to be appropriated to the Secretary for use by the Bureau of Reclamation to undertake capital projects to carry out the purposes of this Act $50,000,000 for the period of fiscal years 2024 through 2031. (B) Inflation adjustment Each fiscal year, the amount authorized to be appropriated under subparagraph (A) shall be adjusted for inflation from the date of enactment of the Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 to the beginning of that fiscal year. (B) Annual adjustment For each of fiscal years 2025 through 2031, the amount authorized to be appropriated under subparagraph (A) shall be annually adjusted to reflect widely available engineering cost indices applicable to relevant construction activities. (C) Nonreimbursable funds Amounts made available pursuant to subparagraph (A) ; (B) in paragraph (2), by striking Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2024 and inserting Programs shall expire in fiscal year 2031 ; and (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 (1)(A), by striking $10,000,000 for each of fiscal years 2020 through 2024 and inserting $92,040,000 for the period of fiscal years 2024 through 2031 ; (B) in paragraph (2)— (i) in the first sentence, by striking $4,000,000 per year and inserting $61,100,000 for the period of fiscal years 2024 through 2031 ; (ii) in the second sentence— (I) by inserting Basin after San Juan River ; and (II) by striking $2,000,000 per year and inserting $30,940,000 for the period of fiscal years 2024 through 2031 ; and (iii) in the third sentence, by striking in fiscal years commencing after the enactment of this Act and inserting for fiscal year 2024 and each fiscal year thereafter ; and (C) 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 in consultation with the Secretary. (C) Treatment of funds Funds made available under subparagraph (A) shall be treated as nonreimbursable Federal expenditures. (D) Treatment of power revenues Any power revenues accepted under subparagraph (A) shall be treated as having been repaid and returned to the general fund of the Treasury. (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 (f) (as so redesignated), in the first sentence, by inserting or threatened after endangered ; (6) in subsection (g) (as so redesignated), by striking unless the time period for the respective Cooperative Agreement is extended to conform with this Act and inserting , as amended or extended ; (7) 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 and inserting Recovery Implementation Programs ; and (8) in subsection (i)(1) (as so redesignated)— (A) by striking 2022 each place it appears and inserting 2030 ; (B) by striking 2024 each place it appears and inserting 2031 ; and (C) in subparagraph (C)(ii)(III), by striking contributions by the States, power customers, Tribes, water users, and environmental organizations and inserting non-Federal contributions . (d) Repeal of limitation on travel for advocacy purposes Section 5 of Public Law 106–392 (114 Stat. 1602; 126 Stat. 2445) is repealed.

April 9, 2024 Reported with amendments