[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3918 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3918
To reauthorize the Upper Colorado and San Juan River Basin endangered
fish and threatened fish recovery implementation programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2023
Mr. Neguse introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To reauthorize the Upper Colorado and San Juan River Basin endangered
fish and threatened fish recovery implementation programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Colorado and San Juan River
Basin Endangered Fish Recovery Programs Reauthorization Act of 2023''.
SEC. 2. REAUTHORIZATION OF UPPER COLORADO AND SAN JUAN RIVER BASIN
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 Programs 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), at the end, insert the
following:
``(4) Inflation adjustment.--Each fiscal year, the total
amount authorized to be appropriated under paragraph (1) shall
be adjusted for inflation from the date of enactment of the
Upper Colorado and San Juan River Basin Endangered Fish
Recovery Programs Reauthorization Act of 2023 to the beginning
of that fiscal year.
``(5) Nonreimbursable funds.--Amounts made pursuant to
paragraph (1)'';
(B) in paragraph (2), by striking ``for Endangered
Fish Species in the Upper Colorado River Basin shall
expire in fiscal year 2024'' and inserting ``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 (2)--
(i) in the first sentence, by striking
``2024'' and inserting ``2031'';
(ii) in the second sentence--
(I) by inserting ``Basin'' after
``San Juan River''; and
(II) by striking ``2024'' and
inserting ``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
(B) 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 and in consultation with the
Secretary.
``(C) Treatment of power revenues.--Any power
revenues provided under subparagraph (A) shall be
treated as nonreimbursable Federal expenditures and as
having been repaid and returned to the general fund of
the Treasury. Funds provided by other Federal agencies
shall be considered as nonreimbursable Federal
expenditures.
``(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 (d) (as so redesignated)--
(A) in the first sentence, by striking ``funds
for'' and inserting ``or contributed funds for base
funding or''; and
(B) in the second sentence, by inserting ``and base
funded'' after ``capital'';
(6) in subsection (f) (as so redesignated), in the first
sentence, by inserting ``or threatened'' after ``endangered'';
(7) 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'';
(8) 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
(9) in subsection (i)(1) (as so redesignated)--
(A) by striking ``2022'' each place it appears and
inserting ``2031'';
(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 (126 Stat. 2444) is repealed.
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