[Senate Report 111-142]
[From the U.S. Government Publishing Office]
Calendar No. 292
111th Congress Report
SENATE
2d Session 111-142
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BUREAU OF RECLAMATION FISH RECOVERY PROGRAMS REAUTHORIZATION ACT
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March 2, 2010.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1453]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1453) to amend Public Law 106-392 to
maintain annual base funding for the Bureau of Reclamation for
the Upper Colorado River and San Juan fish recovery programs
through fiscal year 2023, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose
The purpose of S. 1453 is to amend Public Law 106-392 to
maintain annual base funding for the Bureau of Reclamation for
the Upper Colorado River and San Juan River endangered fish
recovery programs through fiscal year 2023.
Background and Need
Public Law 106-392 authorizes the Bureau of Reclamation to
provide cost sharing for base funding for operation of capital
projects and annual operations for the endangered fish recovery
programs in the Upper Colorado River and San Juan River basins.
Section 9107 of Public Law 111-11 extended the Bureau of
Reclamation's authorization to provide funding for capital
projects for the recovery programs through 2023 and the
amendments proposed by S. 1453 would ensure that the Bureau of
Reclamation's authorization for base funding coincides with the
previously enacted extensions. The amendment to Public Law 106-
392 proposed by S. 1453 will ensure the availability of base
funding to support the programs' ongoing efforts to recover
federally listed endangered fish species while allowing water
development and management activities to proceed in the Upper
Colorado River Basin States. Base funding is used for program
management, scientific research, fish population monitoring,
fish stocking, control of non-native fish, and operation and
maintenance of capital projects. If not extended, annual base
funding for the programs will not be available after 2011. The
absence of base funding means that recovery of the species in
question will likely be delayed. S. 1453 maintains the existing
federal funding caps for base funding of $4 million per year
for the Upper Colorado River Basin Program and $2 million per
year for the San Juan River Recovery Implementation Program
that were established in Public Law 106-392.
The Upper Colorado River Basin and San Juan River recovery
programs have substantial support from the Upper Basin states
of New Mexico, Colorado, Wyoming, Utah, the Navajo Nation, the
Jicarilla Apache Nation, the Southern Ute Tribe, and the Ute
Mountain Tribe. Other water users, power customers, and
environmental organizations are also active participants in the
programs. The Fish and Wildlife Service, the Bureau of
Reclamation, the National Park Service and Western Area Power
Administration also participate in the programs and support the
extension of base funding. All of the partners contribute
significantly to the success of the programs. The programs have
received national recognition for their progress toward
recovery of native fish species while enabling federal and non-
federal water uses to continue.
Legislative History
On July 14, 2009, Senator Bingaman, for himself and
Senators Bennet, Bennett, Hatch, Udall of Colorado, and Udall
of New Mexico introduced S. 1453. The Subcommittee on Water and
Power held a hearing on S. 1453 on July 23, 2009. (S. Hrg. 111-
91.) At its business meeting on December 16, 2009, the
Committee on Energy and Natural Resources ordered S. 1453
favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by voice vote of a
quorum present, recommends that the Senate pass S. 1453.
Section-by-Section Analysis
Section 1 contains the short title for the bill, the
``Bureau of Reclamation Fish Recovery Programs Reauthorization
Act of 2009''.
Section 2 amends Section 3(d)(2) of Public Law 106-392 by
extending the authorization to provide base funding for the
recovery programs from 2011 through 2023.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1453--Bureau of Reclamation Fish Recovery Programs Reauthorization
Act of 2009
Summary: S. 1453 would extend the authority of the
Secretary of the Interior to spend, without further
appropriation, certain proceeds collected by the Western Area
Power Administration (WAPA) for fish recovery programs in the
Upper Colorado and San Juan River Basins. The bill would
authorize the expenditure of about $3 million a year (plus an
additional amount to account for inflation) for research,
removal of nonnative fish, and program management. The
Secretary's existing authority to spend certain receipts
collected by WAPA for those activities expires at the end of
fiscal year 2011. S. 1453 would extend that authority through
2023.
CBO estimates that enacting S. 1453 would increase direct
spending by $12 million over the 2011-2015 period and $30
million over the 2011-2020 period.\1\ Enacting the legislation
would not affect revenues.
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\1\Different time periods apply to enforcement of pay-as-you-go
rules. CBO estimates that enacting S. 1453 would increase direct
spending by $9 million over the 2010-2014 period, and by $26 million
over the 2010-2019 period.
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S. 1453 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1453 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2011-2015 2011-2020
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CHANGES IN DIRECT SPENDING
Estimated Budget Authority................ 0 0 3 3 3 3 3 3 4 4 4 12 30
Estimated Outlays......................... 0 0 3 3 3 3 3 3 4 4 4 12 30
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Basis of estimate: For this estimate, CBO assumes that this
legislation will be enacted in 2010. Under current law, the
Secretary of the Interior is authorized to spend proceeds from
WAPA receipts without further appropriation to fund certain
fish recovery programs through 2011. Those costs are
nonreimbursable by WAPA's electricity customers and thus are
not factored into the cost recovery rates it charges for
electricity sales.
S. 1453 would extend that authority over the 2012-2023
period. Based on information from the Bureau of Reclamation and
WAPA, CBO estimates that enacting the legislation would
increase direct spending by $12 million over the 2011-2015
period, $30 million over the 2011-2020 period, and by another
$12 million through 2023.
Intergovernmental and private-sector mandates: S. 1453
contains no intergovernmental or private-sector mandates as
defined in the UMRA and would impose no costs on state, local,
or tribal governments.
Estimate prepared by: Federal costs: Aurora Swanson; Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1453.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1453, as ordered reported.
Congressionally Directed Spending
S. 1453, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
Statement of Michael L. Connor, Commissioner, Bureau of Reclamation,
Department of the Interior
Madam Chairwoman and Members of the Subcommittee, I am Mike
Connor, Commissioner of the Bureau of Reclamation
(Reclamation). I am pleased to be here today to provide the
views of the Department of the Interior (Department) on S.
1453, the ``Bureau of Reclamation Fish Recovery Programs
Reauthorization Act.'' The Department supports S. 1453.
The Upper Colorado River Endangered Fish Recovery Program
and San Juan River Basin Recovery Implementation Program
(Programs) share the dual goals of recovering populations of
endangered fish while water development continues to meet
current and future human needs. Program actions provide
Endangered Species Act compliance for more than 1,600 federal,
tribal, and non-federal water projects depleting more than 3
million acre-feet of water per year in the Colorado and San
Juan rivers and their tributaries. The Programs, authorized by
Public Law 106392, as amended, were established under
cooperative agreements in 1988 (Upper Colorado) and 1992 (San
Juan). Program partners include the states of Colorado, New
Mexico, Utah, and Wyoming; the Bureau of Reclamation, Western
Area Power Administration, U.S. Fish and Wildlife Service,
Bureau of Land Management, National Park Service, and Bureau of
Indian Affairs; Native American tribes; environmental
organizations; water users; and power customers.
Public Law 106-392 authorized the use of $6 million per
year (indexed for inflation) of Colorado River Storage Project
(CRSP) hydropower revenues from Glen Canyon Dam and other CRSP
facilities to support the base funding needs of the Programs
through 2011. Base funding is used for program management,
scientific research, fish population monitoring, fish stocking,
control of non-native fish, and operation and maintenance of
capital projects. The bill, as introduced, would simply extend
the authorization to utilize CRSP hydropower revenues at the
current level (up to $6 million per year adjusted for
inflation, or approximately $7 million in 2009 dollars) through
2023 to support the base funding needs of both Programs.
These Programs have been nationally recognized for their
cooperative approach to recovering aquatic native fish species,
avoiding litigation, and providing Endangered Species Act
compliance to federal and non-federal water users.
Reauthorization for the continued use of CRSP hydropower
revenues is critical to the ability of these Programs to
realize their goals. There appears to be strong support for
this legislation from the Program's non-federal stakeholders.
That concludes my prepared remarks. I would be pleased to
answer any questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that S. 1453
amends Public Law 106-392.
UPPER COLORADO AND SAN JUAN RIVER BASINS ENDANGERED FISH RECOVERY
PROGRAMS
(Public Law 106-392)
AN ACT To authorize the Bureau of Reclamation to provide cost sharing
for the endangered fish recovery implementation programs for the Upper
Colorado and San Juan River Basins.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS
* * * * * * *
(d) Base Funding.--
(1) Beginning in the first fiscal year commencing
after the date of the enactment of this Act, the
Secretary may utilize power revenues collected pursuant
to the Colorado River Storage Project Act for the
annual base funding contributions to the Recovery
Implementation Programs by the Bureau of Reclamation.
Such funding shall be 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 Colorado River Storage Project
Act.
(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] 2023, 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, 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 that may be required to fulfill
the goals of the Recovery Implementation Programs.
Nothing in this Act shall otherwise modify or amend
existing agreements among participants regarding base
funding and depletion charges for the Recovery
Implementation Programs.
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