[House Report 115-567]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-567
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ENDANGERED FISH RECOVERY PROGRAMS EXTENSION ACT OF 2017
_______
February 16, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 4465]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4465) to maintain annual base funding for the
Upper Colorado and San Juan fish recovery programs through
fiscal year 2023, to require a report on the implementation of
those programs, and for other purposes, 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. 4465 is to maintain annual base funding
for the Upper Colorado and San Juan fish recovery programs
through fiscal year 2023, and to require a report on the
implementation of those programs.
Background and Need for Legislation
The Upper Colorado and San Juan River Basins provide key
sources of water in the western United States. The Bureau of
Reclamation has constructed numerous water and power projects
to store and use the water for irrigation, drinking water,
hydropower and flood control purposes, and to benefit
recreation and fish and wildlife in the western United States.
Projects include the Colorado River Storage Project's (CRSP)
Flaming Gorge Unit, which can store over 3.5 million acre feet
of water (one acre foot is 325,851 gallons) and can generate
over 150 megawatts of power (one megawatt can supply up to
1,000 homes).\1\ The three dams that make up the Aspinall Unit,
also in the CRSP system, store more than 1 million acre feet of
water\2\ and can generate more than 275 megawatts of power.\3\
While Flaming Gorge, the Aspinall Unit, and other CRSP projects
and non-federal projects played a core role in western
settlement, they continue to be economically important and
financially self-sustaining today and into the future.
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\1\United States Bureau of Reclamation, CRSP Flaming Gorge Unit
Operations, http://www.usbr.gov/uc/rm/crsp/fg/fgOps.html, November 25,
2008.
\2\United States Bureau of Reclamation, CRSP Aspinall Unit
Operations, http://www.usbr.gov/uc/rm/crsp/aspinall/index.html,
September 29, 2008.
\3\Leslie James, Executive Director, Colorado River Energy
Distributors Association, Testimony Before the House of Representatives
Water and Power Subcommittee, http://naturalresources.house.gov/
UploadedFiles/JamesTestimony09.22.09.pdf September 22, 2009.
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The Endangered Species Act of 1973 (ESA, 16 U.S.C. 1531 et
seq.) has significant impacts on the CRSP and other Reclamation
and non-federal water projects. The Colorado and San Juan
Rivers are home to 14 native fish species. Four of these
species--the Colorado pikeminnow, razorback sucker, humpback
chub and bonytail--are listed as ``endangered'' under the ESA.
Those designations led to the threat of water and power-use
restrictions. As a result, the States of Colorado, New Mexico,
Utah and Wyoming signed cooperative agreements with the federal
government in 1988 and 1992 to help achieve the dual goals of
recovering endangered fish populations while continuing water
and power facility development and operations.\4\ Other
partners include water and power users, tribes and
environmental organizations.
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\4\http://www.coloradoriverrecovery.org/general-information/
about.html.
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These cooperative agreements led to the creation of the
Upper Colorado and San Juan Recovery Implementation Programs
(Programs) to help provide ESA compliance for over 2,300 water
and power projects\5\ that withdraw more than 3 million acre
feet of water.\6\ The Programs' goals are to recover the
humpback chub, razorback sucker, bonytail and the Colorado
pikeminnow while continuing facility operations to meet current
and future human needs, with the ultimate goals of species
delisting. Furthermore, genetically diverse, hatchery-based
fish are raised at federal, State and tribal hatcheries. These
hatchery-raised fish help establish sustainable species
populations since the hatchery-produced fish are counted as
part of the recovery criteria under the ESA once they reach
adult status.\7\
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\5\Upper Colorado River Endangered Fish Recovery Program and San
Juan River Basin Recovery Implementation Program, Implementing
Innovative Solutions to Manage Water and Hydropower Resources While
Recovering Endangered Species, Highlights 2011-2012, http://
www.coloradoriverrecovery.org/general-information/general-publications/
briefingbook/2012BriefingBook.pdf, July 5, 2012.
\6\United States Department of the Interior, Utilization of Power
Revenues for Annual Base Funding of the Upper Colorado River and San
Juan River Basin Recovery Implementation Programs, A Report to
Congress, http://www.usbr.gov/uc/envdocs/reports/UCSJRIP/UCSJRIP-
ReptoCongress.pdf, February 2010.
\7\Upper Colorado River Endangered Fish Recovery Program and San
Juan River Basin Recovery Implementation Program, Implementing
Innovative Solutions to Manage Water and Hydropower Resources While
Recovering Endangered Species, Highlights 2011-2012, http://
www.coloradoriverrecovery.org/general-information/general-publications/
briefingbook/2012BriefingBook.pdf, July 5, 2012.
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Federal participation and non-federal cost-sharing for the
Programs were authorized in 2000 with the enactment of Public
Law 106-392. Under this law, a cost share between the impacted
States, water and power users and the federal government was
established. To date, the States and water and power users have
paid a majority of capital costs (approximately 57 percent).\8\
CRSP power users/beneficiaries also agreed to pay for some non-
capital program functions. These costs are largely absorbed by
electricity ratepayers. In 2012, Congress enacted the
Endangered Fish Recovery Programs Extension Act of 2012 (Public
Law 112-270), which reauthorized the use of CRSP hydropower
revenues to support funding for ``fish monitoring, research and
program management'' through 2019. The bill also included
provisions to limit overhead costs and increase accountability
for official travel relating to carrying out the Programs.
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\8\Upper Colorado River Endangered Fish Recovery Program and San
Juan River Basin Recovery Implementation Program, Implementing
Innovative Solutions to Manage Water and Hydropower Resources While
Recovering Endangered Species, Highlights 2011-2012, http://
www.coloradoriverrecovery.org/general-information/general-publications/
briefingbook/2012BriefingBook.pdf, July 5, 2012.
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H.R. 4465 extends the use of power user payments by
authorizing funds for the Programs through 2023. This
bipartisan bill also requires a report covering the Programs'
effectiveness in fish recovery, the costs and how revenue
streams are utilized to operate the Programs.
Committee Action
H.R. 4465 was introduced on November 28, 2017, by
Congressman John R. Curtis (R-UT). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Water, Power and Oceans. On December 6, 2017,
the Subcommittee held a hearing on the legislation. On December
12, 2017, the Natural Resources Committee met to consider the
bill. The Subcommittee was discharged by unanimous consent. No
amendments were offered, and the bill was ordered favorably
reported to the House of Representatives by unanimous consent
on December 13, 2017.
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 and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 31, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4465, the
Endangered Fish Recovery Programs Extension Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aurora
Swanson.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4465--Endangered Fish Recovery Programs Extension Act of 2017
H.R. 4465 would extend through 2023 the specific authority
of the Bureau of Reclamation 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 Basin. The fish recovery activities include
research, removal of nonnative fish, and program management
activities. In recent years, annual spending for the bureau's
fish recovery programs has totaled about $12 million. About $8
million of those funds were from WAPA's hydroelectricity sales
and the remaining amounts were from appropriated funds.
Under current law, the specific authority to spend WAPA's
proceeds for fish recovery programs expires at the end of
fiscal year 2019. After 2019, the bureau may continue to use
those funds for fish recovery and other programs under the
agency's general authorities. However, all programs eligible to
receive WAPA proceeds, including fish recovery programs, would
compete for those funds, and spending of WAPA proceeds on fish
recovery would probably be lower than in recent years. Enacting
H.R. 4465 would extend the authority of the bureau to give fish
recovery programs priority over others through 2023.
Enacting the bill would affect direct spending; therefore,
pay-as-you-go procedures apply. However, the bureau can spend
the funds under current law, and CBO expects that any change in
the timing of outlays would be negligible. Enacting the bill
would not affect revenues.
CBO estimates that enacting H.R. 4465 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 4465 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. 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 maintain annual base funding for
the Upper Colorado and San Juan fish recovery programs through
fiscal year 2023, to require a report on the implementation of
those programs.
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.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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 italics, and existing law in which no
change is proposed is shown in roman):
PUBLIC LAW 106-392
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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, $88,000,000 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 2023 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 2023 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
$209,000,000 of which--
(1) costs shall not exceed $179,000,000 for the
Recovery Implementation Program for Endangered Fish
Species in the Upper Colorado River Basin through
fiscal year 2023; and
(2) costs shall not exceed $30,000,000 for the San
Juan River Recovery Implementation Program through
fiscal year 2023.
The amounts set forth in this subsection shall be adjusted by
the Secretary for inflation in each fiscal year beginning after
the enactment of this Act.
(c) Non-Federal Contributions to Capital Projects.--(1) The
Secretary, acting through the Bureau of Reclamation, may accept
contributed funds from the Upper Division States, or political
subdivisions or organizations within the Upper Division States,
pursuant to agreements that provide for the contributions to be
used for capital projects costs. Such non-Federal contributions
shall not exceed $17,000,000.
(2) In addition to the contribution described in paragraph
(1), the Secretary of Energy, acting through the Western Area
Power Administration, and the Secretary of the Interior, acting
through the Bureau of Reclamation, may utilize power revenues
collected pursuant to the Colorado River Storage Project Act to
carry out the purposes of this subsection. Such funds shall be
treated as reimbursable costs assigned to power for repayment
under section 5 of the Colorado River Storage Project Act. This
additional contribution shall not exceed $17,000,000. Such
funds shall be considered a non-Federal contribution for the
purposes of this Act. The funding authorized by this paragraph
over any 2-fiscal-year period shall be made available in
amounts equal to the contributions for the same 2-fiscal-year
period made by the Upper Division States pursuant to paragraph
(1).
(3) The additional funding provided pursuant to paragraph (2)
may be provided through loans from the Colorado Water
Conservation Board Construction Fund (37-60-121 C.R.S.) to the
Western Area Power Administration in lieu of funds which would
otherwise be collected from power revenues and used for storage
project repayments. The Western Area Power Administration is
authorized to repay such loan or loans from power revenues
collected beginning in fiscal year 2012, subject to an
agreement between the Colorado Water Conservation Board, the
Western Area Power Administration, and the Bureau of
Reclamation. The agreement and any future loan contracts that
may be entered into by the Colorado Water Conservation Board,
the Western Area Power Administration, and the Bureau of
Reclamation shall be negotiated in consultation with Salt Lake
City Area Integrated Projects Firm Power Contractors. The
agreement and loan contracts shall include provisions designed
to minimize impacts on electrical power rates and shall ensure
that loan repayment to the Colorado Water Conservation Board,
including principal and interest, is completed no later than
September 30, 2057. The Western Area Power Administration is
authorized to include in power rates such sums as are necessary
to carry out this paragraph and paragraph (2).
(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 $87,000,000.
(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 [2019]
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 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 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.
(3) The Western Area Power Administration and the Bureau of
Reclamation shall maintain sufficient revenues in the Colorado
River Basin Fund to meet their obligation to provide base
funding in accordance with paragraph (2). If the Western Area
Power Administration and the Bureau of Reclamation determine
that the funds in the Colorado River Basin Fund will not be
sufficient to meet the obligations of section 5(c)(1) of the
Colorado River Storage Project Act for a 3-year period, the
Western Area Power Administration and the Bureau of Reclamation
shall request appropriations to meet base funding obligations.
(e) Authority To Retain Appropriated Funds.--At the end of
each fiscal year any unexpended appropriated funds for capital
projects under this Act shall be retained for use in future
fiscal years. Unexpended funds under this Act that are carried
over shall continue to be used to implement the capital
projects needed for the Recovery Implementation Programs.
(f) Additional Authority.--The Secretary may enter into
agreements and contracts with Federal and non-Federal entities,
acquire and transfer interests in land, water, and facilities,
and accept or give grants in order to carry out the purposes of
this Act.
(g) Indian Trust Assets.--The Congress finds that much of the
potential water development in the San Juan River Basin and in
the Duchesne River Basin (a subbasin of the Green River in the
Upper Colorado River Basin) is for the benefit of Indian tribes
and most of the federally designated critical habitat for the
endangered fish species in the San Juan River Basin is on
Indian trust lands, and 2\1/2\ miles of critical habitat on the
Duchesne River is on Indian Trust Land. Nothing in this Act
shall be construed to restrict the Secretary, acting through
the Bureau of Reclamation and the Bureau of Indian Affairs,
from funding activities or capital projects in accordance with
the Federal Government's Indian trust responsibility.
(h) Termination of Authority.--All authorities provided by
this section for the respective Recovery Implementation Program
shall terminate upon expiration of the current time period for
the respective Cooperative Agreement referenced in section 2(1)
unless, at least 1 year prior to such expiration, the time
period for the respective Cooperative Agreement is extended to
conform with this Act.
(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.
(j) Report.--
(1) In general.--Not later than September 30, 2021,
the Secretary shall submit to the appropriate
committees of Congress a report that--
(A) describes the accomplishments of the
Recovery Implementation Programs;
(B) identifies--
(i) as of the date of the report, the
listing status under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.) of the Colorado pikeminnow,
humpback chub, razorback sucker, and
bonytail; and
(ii) as of September 30, 2023, the
projected listing status under that Act
of each of the species referred to in
clause (i);
(C)(i) identifies--
(I) the total expenditures and the
expenditures by categories of
activities by the Recovery
Implementation Programs during the
period beginning on the date on which
the applicable Recovery Implementation
Program was established and ending on
September 30, 2021; and
(II) projected expenditures by the
Recovery Implementation Programs during
the period beginning on October 1,
2021, and ending on September 30, 2023;
(ii) for purposes of the expenditures
identified under clause (i), includes a
description of--
(I) any expenditures of appropriated
funds;
(II) any power revenues;
(III) any contributions by the
States, power customers, Tribes, water
users, and environmental organizations;
and
(IV) any other sources of funds for
the Recovery Implementation Programs;
and
(D) describes--
(i) any activities to be carried out
under the Recovery Implementation
Program after September 30, 2023; and
(ii) the projected cost of the
activities described under clause (i).
(2) Consultation required.--The Secretary shall
consult with the participants in the Recovery
Implementation Programs in preparing the report under
paragraph (1).
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