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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-340

======================================================================



 
      UPPER COLORADO AND SAN JUAN BASIN ENDANGERED FISH RECOVERY 
          IMPLEMENTATION PROGRAMS REAUTHORIZATION ACT OF 2005

                                _______
                                

 December 13, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3153]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3153) to reauthorize the Upper Colorado and San Juan 
River Basin endangered fish recovery implementation programs, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3153 is to reauthorize the Upper 
Colorado and San Juan River Basin endangered fish recovery 
implementation programs.

                  Background and Need for Legislation

    The Upper Colorado River Endangered Fish Recovery Program 
and San Juan River Basin Recovery Implementation Program were 
established in 1988 and 1992, respectively. These programs are 
partnerships between federal agencies, four states, tribes, 
water users, power users, and environmental groups with the 
goal of recovering four endangered fish species--the Colorado 
pikeminnow, the humpback chub, the razorback sucker, and the 
bonytail chub. Elements of the programs include fish 
hatcheries, fish screens, fish passage structures, and habitat 
restoration and management.
    Public Law 106-392 authorized federal expenditures for 
these programs. Public Law 107-375 extended this original 
authorization until 2008. H.R. 3153 further extends the 
authorization until 2010 and increases the authorized cost 
ceilings. This is expected to enable the completion of planned 
construction projects critical to the recovery of the four 
endangered fish species.

                            Committee Action

    H.R. 3153 was introduced on June 30, 2005, by Congresswoman 
Barbara Cubin (R-WY). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Water and Power. On November 3, 2005, the Subcommittee held a 
hearing on the bill. On November 16, 2005, the Full Resources 
Committee met to consider the bill. The Subcommittee on Water 
and Power was discharged from further consideration of the bill 
by unanimous consent. No amendments were offered and the bill 
was ordered favorably reported without amendment to the House 
of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    This section cites the bill as the ``Upper Colorado and San 
Juan Basin Endangered Fish Recovery Implementation Programs 
Reauthorization Act of 2005.''

Section 2. Upper Colorado and San Juan River Basin Endangered Fish 
        Recovery Implementation Programs

    This section amends Public Law 106-392 by increasing the 
federal authorization for appropriations from $46 million to 
$61 million for both the Upper Colorado and San Juan River 
Endangered Fish Recovery Programs and extends the authorization 
for both programs from 2008 to 2010. The section further 
increases the total cost ceiling (federal and non-federal) for 
both programs from $100 million to $126 million and extends the 
authorizations for this cost ceiling from 2008 to 2010. This 
$26 million federal/non-federal cost ceiling increase is 
specifically directed at the Upper Colorado River Basin 
Recovery Implementation Program. This section also increases 
the valuation of replacement power due to changed operations 
from $20 million to $31 million. Such costs, considered non-
federal, are the result of the fish recovery programs' impact 
on the operation of the Colorado River Storage Project and the 
capital cost of water from the Wolford Mountain Reservoir and 
the Elkhead Reservoir Enlargement.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Upper Colorado and 
San Juan River Basin endangered fish recovery implementation 
programs.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3153--Upper Colorado and San Juan River Basin Endangered Fish 
        Recovery Programs Reauthorization Act of 2005

    Summary: H.R. 3153 would extend the authorization period 
and increase the amounts authorized to be appropriated for the 
fish recovery programs in the Upper Colorado and San Juan River 
Basins. Under current law, $46 million is authorized to be 
appropriated through 2008 for the construction of capital 
projects in both basins. Enacting H.R. 3153 would extend the 
authorization for both programs through 2010 and increase the 
authorization of appropriations to $61 million for construction 
projects. CBO estimates that implementing H.R. 3153 would cost 
$12 million over the 2008-2010 period, assuming appropriation 
of the authorized amount.
    H.R. 3153 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. The funds authorized in the bill would benefit 
states participating in programs that assist with recovering 
fish habitats. Any cost they may incur would result from 
complying with conditions for receiving federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3153 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Fish Recovery Spending Under Current Law:
    Estimated Authorization Level \1\..............................        2        4        0        0        0
    Estimated Outlays..............................................        3        4        1        1        0
Proposed Changes:
    Estimated Authorization Level..................................        0        0        5        5        5
    Estimated Outlays..............................................        0        0        3        4        5
Fish Recovery Spending Under H.R. 3153:
    Estimated Authorization Level \1\..............................        2        4        5        5        5
    Estimated Outlays..............................................        3        4        4        5        5
----------------------------------------------------------------------------------------------------------------
\1\ The 2006 level is the amount appropriated for that year to carry out the fish recovery programs in the Upper
  Colorado and San Juan River Basins. The 2007 level reflects the current balance of authorized funding for the
  Bureau of Reclamation to carry out these fish recovery programs. For this estimate, CBO assumes that the
  remaining $4 million authorized to be appropriated for these programs will be provided in 2007.

    Basis of estimate: For this estimate, CBO assumes that this 
legislation will be enacted in 2006 and that the estimated 
amounts necessary to implement the bill will be appropriated 
for 2008 through 2010.
    Under current law, $46 million is authorized to be 
appropriated to the Bureau of Reclamation to implement the fish 
recovery programs for the Upper Colorado and San Juan River 
Basins. To date, the bureau has been appropriated $42 million 
for these programs, and CBO assumes that the balance of funds 
remaining from the current authorization (that is, $4 million) 
will be appropriated in fiscal year 2007. Enacting this 
legislation would increase the authorization of appropriation 
from $46 million to $61 million. CBO assumes that the 
additional $15 million authorized to be appropriated for the 
fish recovery programs would be provided over the 2008-2010 
period in equal increments. Assuming appropriation of the 
authorized amount, CBO estimates that implementing this bill 
would cost $12 million over the 2008-2010 period.
    Intergovernmental and private-sector impact: H.R. 3153 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The funds authorized in the bill would 
benefit states participating in programs that assist with 
recovering fish habitats. Any cost they may incur would result 
from complying with conditions for receiving federal 
assistance.
    Previous CBO estimate: On December 2, 2005, CBO transmitted 
a cost estimate for S. 1578, the Upper Colorado and San Juan 
River Basin Endangered Fish Recovery Programs Reauthorization 
Act of 2005, as ordered reported by the Senate Committee on 
Energy and Natural Resources on November 16, 2005. The two 
bills are identical, as are our cost estimates.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman. 
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum. Impact on the Private Sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                    SECTION 3 OF PUBLIC LAW 106-392


SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

  (a) Authorization of Appropriations for Federal Participation 
in Capital Projects.--(1) There is hereby authorized to be 
appropriated to the Secretary, [$46,000,000] $61,000,000 to 
undertake capital projects to carry out the purposes of this 
Act. Such funds shall be considered a nonreimbursable Federal 
expenditure.
  (2) The authority of the Secretary, acting through the Bureau 
of Reclamation, under this or any other provision of law to 
implement capital projects for the Recovery Implementation 
Program for Endangered Fish Species in the Upper Colorado River 
Basin shall expire in fiscal year [2008] 2010 unless 
reauthorized by an Act of Congress.
  (3) The authority of the Secretary to implement the capital 
projects for the San Juan River Basin Recovery Implementation 
Program shall expire in fiscal year [2008] 2010 unless 
reauthorized by an Act of Congress.
  (b) Cost of Capital Projects.--The total costs of the capital 
projects undertaken for the Recovery Implementation Programs 
receiving assistance under this Act shall not exceed 
[$100,000,000] $126,000,000 of which--
          (1) costs shall not exceed [$82,000,000] $108,000,000 
        for the Recovery Implementation Program for Endangered 
        Fish Species in the Upper Colorado River Basin through 
        fiscal year [2008] 2010; and
          (2) costs shall not exceed $18,000,000 for the San 
        Juan River Recovery Implementation Program through 
        fiscal year [2008] 2010.

           *       *       *       *       *       *       *

  (c) Non-Federal Contributions to Capital Projects.--(1)  * * 
*

           *       *       *       *       *       *       *

  (4) All contributions made pursuant to this subsection 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 and the Elkhead Reservoir enlargement in Colorado. 
Such costs shall be considered as non-Federal contributions, 
not to exceed [$20,000,000] $31,000,000.

           *       *       *       *       *       *       *