Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023
This bill reauthorizes through FY2031 and revises the U.S. Fish and Wildlife Service's Upper Colorado River and San Juan River Basin recovery implementation programs to restore populations of certain endangered and threatened fish.
The goal of the Upper Colorado River Endangered Fish Recovery Program is to recover the humpback chub (Gila Cypha), bonytail (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), and razorback sucker (Xyrauchen texanus). The states of Colorado, Utah, and Wyoming are partners in the program.
The goal of the San Juan River Basin Recovery Implementation Program is to recover the Colorado pikeminnow (Ptychocheilus lucius) and razorback sucker (Xyrauchen texanus). The states of Colorado and New Mexico are partners in the program.
The bill expands the programs to include the recovery of threatened fish stock. Thus, the bill requires the Upper Colorado River program to continue efforts to restore populations of the humpback chub, which was reclassified from an endangered species to a threatened species in 2001.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4596 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4596
To reauthorize the Bureau of Reclamation to provide cost-shared funding
to implement the endangered and threatened fish recovery programs for
the Upper Colorado and San Juan River Basins.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2023
Mrs. Boebert (for herself, Ms. Hageman, Mr. Lamborn, Mr. Buck, Mr.
Duarte, Mr. Gosar, and Mr. Nehls) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To reauthorize the Bureau of Reclamation to provide cost-shared funding
to implement the endangered and threatened fish recovery 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Colorado and San Juan River
Basins Endangered Fish Recovery Programs Reauthorization Act of 2023''.
SEC. 2. REAUTHORIZATION OF UPPER COLORADO AND SAN JUAN RIVER BASINS
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 Program 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), by striking ``(1) There is
hereby authorized to be appropriated to the Secretary,
$88,000,000 to undertake capital projects to carry out
the purposes of this Act. Such funds'' and inserting
the following:
``(1) Authorization.--
``(A) In general.--Subject to subparagraph (B),
there is authorized to be appropriated to the Secretary
for use by the Bureau of Reclamation to undertake
capital projects to carry out the purposes of this Act
$50,000,000 for the period of fiscal years 2024 through
2031.
``(B) Inflation adjustment.--Each fiscal year, the
amount authorized to be appropriated under subparagraph
(A) shall be adjusted for inflation from the date of
enactment of the Upper Colorado and San Juan River
Basins Endangered Fish Recovery Programs
Reauthorization Act of 2023 to the beginning of that
fiscal year.
``(C) Nonreimbursable funds.--Amounts made
available pursuant to subparagraph (A)'';
(B) in paragraph (2), by striking ``Program for
Endangered Fish Species in the Upper Colorado River
Basin shall expire in fiscal year 2024'' and inserting
``Programs 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 (1)(A), by striking ``$10,000,000
for each of fiscal years 2020 through 2024'' and
inserting ``$80,000,000 for the period of fiscal years
2024 through 2031'';
(B) in paragraph (2)--
(i) in the first sentence, by striking
``$4,000,000 per year'' and inserting
``$52,914,285 for the period of fiscal years
2024 through 2031'';
(ii) in the second sentence--
(I) by inserting ``Basin'' after
``San Juan River''; and
(II) by striking ``$2,000,000 per
year'' and inserting ``$27,085,715 for
the period of fiscal years 2024 through
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
(C) 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 in consultation with the Secretary.
``(C) Treatment of funds.--Funds made available
under subparagraph (A) shall be treated as
nonreimbursable Federal expenditures.
``(D) Treatment of power revenues.--Any power
revenues accepted under subparagraph (A) shall be
treated as having been repaid and returned to the
general fund of the Treasury.
``(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 (f) (as so redesignated), in the first
sentence, by inserting ``or threatened'' after ``endangered'';
(6) 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'';
(7) 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
(8) in subsection (i)(1) (as so redesignated)--
(A) by striking ``2022'' each place it appears and
inserting ``2030'';
(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''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Wildlife, and Fisheries.
Subcommittee Hearings Held
Subcommittee on Water, Wildlife, and Fisheries Discharged
Committee Consideration and Mark-up Session Held
Ordered to be Reported by Unanimous Consent.
Reported by the Committee on Natural Resources. H. Rept. 118-669.
Reported by the Committee on Natural Resources. H. Rept. 118-669.
Placed on the Union Calendar, Calendar No. 565.
Mr. Westerman moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5731-5733)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 4596.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5731-5732)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5731-5732)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 545.