[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3189 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3189
To amend Public Law 106-392 to require the Administrator of the Western
Area Power Administration and the Commissioner of Reclamation to
maintain sufficient revenues in the Upper Colorado River Basin Fund,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2008
Mr. Bingaman (for himself and Mr. Domenici) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend Public Law 106-392 to require the Administrator of the Western
Area Power Administration and the Commissioner of Reclamation to
maintain sufficient revenues in the Upper Colorado River Basin Fund,
and for other purposes.
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 ``Endangered Fish Recovery Programs
Improvement Act of 2008''.
SEC. 2. ENDANGERED FISH RECOVERY PROGRAMS.
(a) Definitions.--Section 2 of Public Law 106-392 (114 Stat. 1602)
is amended--
(1) in paragraph (5), by inserting ``, rehabilitation, and
repair'' after ``and replacement''; and
(2) in paragraph (6), by inserting ``those for protection
of critical habitat through stabilization of adjacent stream
banks and adjacent impacted infrastructure, those for
preventing entrainment of fish in water diversions,'' after
``instream flows,''.
(b) Authorization To Fund Recovery Programs.--Section 3 of Public
Law 106-392 (114 Stat. 1603; 120 Stat. 290) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$61,000,000''
and inserting ``$88,000,000'';
(B) in paragraph (2), by striking ``2010'' and
inserting ``2023''; and
(C) in paragraph (3), by striking ``2010'' and
inserting ``2023'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``$126,000,000'' and inserting
``$209,000,000'';
(B) in paragraph (1)--
(i) by striking ``$108,000,000'' and
inserting ``$179,000,000''; and
(ii) by striking ``2010'' and inserting
``2023''; and
(C) in paragraph (2)--
(i) by striking ``$18,000,000'' and
inserting ``$30,000,000''; and
(ii) by striking ``2010'' and inserting
``2023'';
(3) in subsection (c)(4), by striking ``$31,000,000'' and
inserting ``$87,000,000''; and
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in the fourth sentence, by striking
``2011'' and inserting ``2023'';
(ii) in the fifth sentence, by striking
``2008'' and inserting ``2020''; and
(iii) in the sixth sentence, by striking
``2011'' and inserting ``2023'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Duty of western area power administration and bureau
of reclamation.--
``(A) Definitions.--In this paragraph:
``(i) Administrator.--The term
`Administrator' means the Administrator of the
Western Area Power Administration.
``(ii) Commissioner.--The term
`Commissioner' means the Commissioner of
Reclamation.
``(iii) Upper colorado river basin fund.--
The term `Upper Colorado River Basin Fund'
means the fund established under section 5(a)
of the Act of April 11, 1956 (commonly known as
the `Colorado River Storage Project Act') (43
U.S.C. 620d(a)).
``(B) Duty of administrator and commissioner.--The
Administrator and the Commissioner shall maintain
sufficient revenues in the Upper Colorado River Basin
Fund to meet the obligation of the Administrator and
Commissioner to provide base funding in accordance with
paragraph (2).
``(C) Insufficient funds.--If the Administrator and
the Commissioner jointly determine that the amount of
funds in the Upper Colorado River Basin Fund may not be
sufficient to meet the obligations of section 5(c)(1)
of the Act of April 11, 1956 (commonly known as the
`Colorado River Storage Project Act') (43 U.S.C.
620d(c)(1)) and paragraph (2), base funding may be
provided through loans to the Administrator from the
Colorado Water Conservation Board Construction Fund
(Col. Rev. Stat. 37-60-121 (2008)) in lieu of funds
that would otherwise be collected from power revenues
and used for storage project repayments.
``(D) Repayment.--
``(i) Agreement.--Subject to an agreement
entered into among the Colorado Water
Conservation Board, the Administrator, and the
Commissioner, the Administrator may repay any
loan provided under subparagraph (C) from power
revenues collected after September 30, 2019.
``(ii) Negotiation of loans and future
contracts.--The agreement described in clause
(i), and any loan contract that may be entered
into among the Colorado Water Conservation
Board, the Administrator, and the Commissioner,
shall be negotiated in consultation with Salt
Lake City Area Integrated Projects Firm Power
Contractors.
``(iii) Required provisions.--The agreement
described in clause (i) and each loan contract
described in clause (ii) shall include
provisions that are designed--
``(I) to minimize impacts on
electrical power rates; and
``(II) to ensure that loan
repayment to the Colorado Water
Conservation Board (including principal
and interest) is treated as
nonreimbursable and as having been
repaid and returned to the general fund
of the Treasury as costs assigned to
power for repayment under section 5 of
the Act of April 11, 1956 (commonly
known as the `Colorado River Storage
Project Act') (43 U.S.C. 620d).
``(III) Repayment deadline.--The
repayment of a loan provided under
subparagraph (C) shall be completed not
later than September 30, 2057.''; and
(C) by adding at the end the following:
``(4) Failure to obtain loan.--
``(A) Report.--If the Administrator of the Western
Area Power Administration is unable to obtain a loan
from the Colorado Water Conservation Board under
paragraph (3)(C), the Administrator and the
Commissioner of Reclamation shall submit to the
appropriate committees of Congress a report describing
the projected base funding shortfall with respect to
the Colorado River Basin Fund established under section
5(a) of the Act of April 11, 1956 (commonly known as
the `Colorado River Storage Project Act') (43 U.S.C.
620d(a)).
``(B) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such
sums as are necessary to eliminate the base funding
shortfall described in subparagraph (A).''.
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