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[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-672
======================================================================
 
        ENDANGERED FISH RECOVERY PROGRAMS EXTENSION ACT OF 2012

                                _______
                                

 September 14, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6060]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6060) to amend Public Law 106-392 to maintain 
annual base funding for the Upper Colorado and San Juan fish 
recovery programs through fiscal year 2019, 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. 6060 is to amend Public Law 106-392 to 
maintain annual base funding for the Upper Colorado and San 
Juan fish recovery programs through fiscal year 2019.

                  Background and Need for Legislation

    The Upper Colorado and San Juan River basins, located in 
Wyoming, Utah, Colorado, Arizona and New Mexico, are key 
sources of water and hydropower generation in the western 
United States. The basins are also home to four species of 
fish--the Colorado pikeminnow, the razorback sucker, the 
humpback chub and the bonytail--that are listed under the 
Endangered Species Act (ESA). The Upper Colorado and San Juan 
River Recovery Implementation Programs, as authorized by Public 
Law 106-392, are two cooperative programs that help provide ESA 
compliance for more than 2,000 federal, tribal, and non-federal 
water and power projects while working to recover the four fish 
species. Participants include federal agencies, states, tribes, 
water and power customers and environmental organizations.
    H.R. 6060 reauthorizes one portion of P.L. 106-392 through 
Fiscal Year 2019, specifically the use of counting debt 
repayments from Colorado River Storage Project hydropower users 
to support funding for fish monitoring, research and program 
management. The bill also makes reforms that will reduce 
overhead and increase transparency. For example, it limits 
overhead to three percent and prohibits federal employees from 
traveling from outside their duty stations for the purpose of 
advocating or lobbying for the programs. These overhead 
reducing provisions will dedicate more funding to on-the-ground 
efforts aimed at recovering and delisting the fish. H.R. 6060 
also strengthens reporting requirements by stipulating that the 
appropriate federal agencies report to Congress on the status 
of the ESA-listed fish, projected dates for downlisting and 
delisting, and how power revenues are being utilized for base 
funding. These reforms will improve operations and continue to 
help provide ESA compliance for thousands of water and power 
projects.

                            Committee Action

    H.R. 6060 was introduced on June 29, 2012, by Congressman 
Rob Bishop (R-UT). The bill was referred to the House Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Water and Power. On July 10, 2012, the 
Subcommittee on Water and Power held a hearing on the bill. On 
August 1, 2012, the Full Resources Committee met to consider 
the bill. The Subcommittee on Water and Power was discharged by 
unanimous consent. No amendments were offered, and the bill was 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that the bill may be cited as the 
``Endangered Fish Recovery Programs Extension Act of 2012.''

Section 2. Extensions of authority under Public Law 106-392; report

    This section amends Public Law 106-392 to allow for the 
continued use of hydropower revenues through Fiscal Year 2019 
to fund the programs. Section 2 also requires a report to 
Congress on the programs by Fiscal Year 2018. This section also 
stipulates that the report specifically describe the programs 
actions, the status of the endangered species of fish, 
projected dates for downlisting and delisting, and how power 
revenues have been used towards meeting fish recovery goals.

Section 3. Indirect cost recovery rate for recovery programs

    This section limits the overhead that can be charged on 
funding transfers to three percent (compared to one current 
rate of 22 percent).

Section 4. Limitation on travel for advocacy purposes

    This section prevents federal employees from traveling away 
from their duty stations for the purposes of advocating or 
lobbying for the programs.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 6060--Endangered Fish Recovery Programs Extension Act of 2012

    H.R. 6060 would extend the authority of the Secretary of 
the Interior to spend, without further appropriation, certain 
proceeds collected from the sale of hydroelectric power by the 
Western Area Power Administration (WAPA) for fish recovery 
programs in the Upper Colorado and San Juan River Basins. CBO 
estimates that enacting H.R. 6060 would not affect the federal 
budget. Because the bill would not affect direct spending or 
revenues, pay-as-you-go procedures do not apply to the bill.
    The explicit authority to spend WAPA proceeds from 
hydroelectricity sales for certain fish recovery programs 
expired at the end of fiscal year 2011. Since 2011, the bureau 
has continued to fund those programs at a cost of about $3 
million annually using its general authority to spend proceeds 
from WAPA's electricity sales. Those fish recovery activities 
include research, removal of nonnative fish, and program-
management activities.
    H.R. 6060 contains no intergovernmental or private-sector 
mandates as defined in Unfunded Mandates Reform Act and would 
impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

    2. Section 308(a) of 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. CBO estimates that 
enacting H.R. 6060 would not affect the federal budget. Because 
the bill would not affect direct spending or revenues, pay-as-
you-go procedures do not apply to the bill.
    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 amend Public Law 106-392 to 
maintain annual base funding for the Upper Colorado and San 
Juan fish recovery programs through fiscal year 2019.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    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):

PUBLIC LAW 106-392

           *       *       *       *       *       *       *


SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Base Funding.--(1) * * *
  (2) For the Recovery Implementation Program for the 
Endangered Fish Species in the Upper Colorado River Basin, the 
contributions to base funding referred to in paragraph (1) 
shall not exceed $4,000,000 per year. For the San Juan River 
Recovery Implementation Program, such contributions shall not 
exceed $2,000,000 per year. The Secretary shall adjust such 
amounts for inflation in fiscal years commencing after the 
enactment of this Act. The utilization of power revenues for 
annual base funding shall cease after the fiscal year [2011] 
2019, unless reauthorized by Congress; except that power 
revenues may continue to be utilized to fund the operation and 
maintenance of capital projects and monitoring. No later than 
the end of fiscal year [2008] 2018, the Secretary shall submit 
a report on the utilization of power revenues for base funding 
to the appropriate Committees of the United States Senate and 
the House of Representatives. The Secretary shall also make a 
recommendation in such report regarding the need for continued 
base funding after fiscal year [2011] 2019 that may be required 
to fulfill the goals of the Recovery Implementation Programs. 
Such report shall also describe the Recovery Implementation 
Programs actions and accomplishments to date, the status of the 
endangered species of fish and projected dates for downlisting 
and delisting under the Endangered Species Act of 1973, and the 
utilization of power revenues for annual base funding. Nothing 
in this Act shall otherwise modify or amend existing agreements 
among participants regarding base funding and depletion charges 
for the Recovery Implementation Programs.

           *       *       *       *       *       *       *

  (i) Limitation on Indirect Cost Recovery Rate.--The indirect 
cost recovery rate for any transfer of funds to the U.S. Fish 
and Wildlife Service from another Federal agency for the 
purpose of funding any activity associated with the Upper 
Colorado River Endangered Fish Recovery Program or the San Juan 
River Basin Recovery Implementation Program shall not exceed 
three percent of the funds transferred. In the case of a 
transfer of funds for the purpose of funding activities under 
both programs, the limitation shall be applied to the funding 
amount for each program and may not be allocated unequally to 
either program, even if the average aggregate indirect cost 
recovery rate would not exceed three percent.

           *       *       *       *       *       *       *


SEC. 5. LIMITATION ON TRAVEL FOR ADVOCACY PURPOSES.

  No Federal funds may be used to cover any expenses incurred 
by an employee or detailee of the Department of the Interior to 
travel to any location (other than the field office to which 
that individual is otherwise assigned) to advocate, lobby, or 
attend meetings that advocate or lobby for the Recovery 
Implementation Programs.